HomeMy WebLinkAbout1992-02-12 - City Commission Regular Meeting Minutes7525 Northwest 88 Avenue
Tamarac, FL 33321-2401
9
CITY OF TAMARAC
CITY COUNCIL
REGULAR COUNCIL MEETING
WEDNESDAY, FEBRUARY 12, 1992
The
Chair at this time will announce those items which have been given
a specific time to be heard, and will entertain motions from
Council members to table those items which require research.
Council may agendize by majority consent matters of an urgent
nature which have come to Council's attention after publication.
1.IUBLIC PARTICIR&ITON - 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.
2. Items listed under Consent Agenda, Item 2, 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.
a• the minutes of the following City
Council meetings:
1.
12/17/91
- Special
Meeting
2.
12/31/91
- Joint Special Meeting
3.
1/06/92
- Special
Meeting
4.
1/08/92
- Regular
Meeting
5.
1/16/92
- Special
Meeting
6.
1/22/92
- Regular
Meeting
a88�ic • ,
with Charter Board
2/12/92
Page 1
b. MOTION TO APPROVE renews
and waiver of the 300-foot
issuance of certificates
II (WESTLMM VILLAS) for
3/22/92 to 9/22/92.
ap4;rt+i t•�+ti]�; pt•
-• •
1 of a model sales facility
t distance requirement for
of occupancy for SPRINGLARE
a six-month period from
c. MOTION_ TO APPROVE renewal of a model sales facility
and waiver of the 300-foot distance requirement for
issuance of certificates of occupancy for SPRINGLMM
VILLAS (NORTHWOOD II) for a six-month period from
3/13/92 to 9/13/92.
d. MOTION TO APPROVE renewal of a model sales facility
for SPRINGROUSE APARTMENTS, 5700 Rock Island Road,
Building 10, Units 391, 393 and 394, for a six-month
period from 3/26/92 to 9/26/92.
e. MOTION TO ADOPT Temp. Reso. #6216 approving the
assignment of the Water and Sewer Developer's Agreement
for TAMARAC SQUARE WEST (northwest corner of McNab
Road and NW 88 Avenue) from McNab Associates, Ltd., to
The Anis Company.
M:*0;i;4+f:tNr Fi•�+A
: =
RESOLUTION R-92-10-PASSED
f. 1. MOTION TO ADOPT Tema_ Reso_ #6212 approving a
Tamarac Utilities West Water and Sewer Utility
Easement offered by Richard C. Jones, Trustee, for
the WESTPOINT Water Main Extension project.
2. approving a
Public Utility Easement offered by Richard C.
Jones, Trustee, for the WESTPOINT Water Main
Extension project.
FINAL ACTION_:
APPROVED 2.f.1, and 2.f.2.
RESOLUTION R-92-11-PASSED
RESOLUTION R-92-12-PASSED
g. MOTIOSI___TO__ADOPT _S=_____Ras_o, #620a releasing
warranty Letter of Credit #00000000028093 in the amount
of $2,078.13 posted for drainage, sidewalks and curbs at
CLAIRMONT PARCEL "B" a/k/a CLAIRMONT FIRST
ADDITION, PRASE I.
FINAL &QTZ2N.L RESOLUTION R-92-13-PASSED
APPROVED
2/12/92
Page 2
*REVISED 2/20/92
h. MOTION TO ADOPT, Temp. Rego- #6201 releasing
warranty Letter of Credit"#00000000028094 in the amount
of $2,566.88 posted for sidewalks and curbs at
CLAIRMONT PARCEL "B" a/k/a CLAIRMONT FIRST
ADDITION, PHASE II.
RESOLUTION R-92-14-PASSED
i. MOTION TO ADOPT_TQMW- ]&f,so. #6209 releasing
warranty Letter of Credit #00000000028605 in the amount
of $12,195.00 posted for the water distribution system
at DEVON - PHASE II.
441.,kv4 ;%4to) ;
RESOLUTION R-92-15-PASSED
j. releasing a
warranty bond in the amount of $2,713.73 posted for
public improvements at the SUN BANK EAST project.
FINAL__ACTION RESOLUTION R-92-16-PASSED
APPROVED
k. MOTION TO ADOPT Tem2. Recto. #6210 releasing a
warranty bond in the amount of $20,403.76 posted for
public improvements at THE MARKETPLACE AT TAMA12AC
project.
•,
F.Alviame"Tr
RESOLUTION R-92-17-PASSED
*3. MOTION TO APPROVE, the City Manager's appointment of James
M. Budzinski as Fire Chief pursuant to Section 5.04(a) of the
Charter effective January 1, 1992.
4. a. Final
Services, Inc., for all
supplied for TUW Project
Lift Stations 2, 2A1 and
b. XQTION TO ,APPROVE final
$22,963.00 to Utilities
performed and materials
Rehabilitation of Sewage
FINAL CTIONG
APPROVED 4.a. and 4.b.
Release of Lien from Utilities
work performed and materials
88-22, Rehabilitation of Sewage
8.
payment in the amount of
Services, Inc., for work
supplied for TUW Project 88-22,
Lift Stations 2, 2A1 and 8.
2/12/92
Page 3
*REVISED 2/20/92
*5. MQTIQN TO ADOPT Temp_ Reso_ #6215 approving a waiver to
the sign code to allow a ground monument sign with letter
heights of 23-inches, which would exceed the 15-inches
maximum size, requested by MOBIL OIL STATION, 7705 NW 88
Avenue.
FINAL ACTION RESOLUTION R-92-18-PASSED
APPROVED with the condition that the existing price identification
sign on the north end of the property be removed.
*6. MQIION TO ADOPT Temp. Reso._ #6218 authorizing the Jaycees
of Tamarac to conduct a carnival from Wednesday, February 26,
through Sunday, March 1, 1992, on vacant property located on
the east side of University Drive, north of NW 77 Street.
FINAL &QjION: RESOLUTION R-92-19-PASSED
APPROVED
*7. MOTION TO ADOPT Tamp-,,Reso. #6213 awarding Bid #92-01 in
the amount of $32,952.50 to Physio--Control Corporation for
five (5) automatic defibrillation systems and accessories.
EjjjAL ACTION: RESOLUTION R-92-20-PASSED
APPROVED
*8. IJQTION TO ADOPT__Tgmn_ Re80#6214 appointing MITCHELL
S. KRAFT to the position of City Attorney.
EINAL ACTION: RESOLUTION R-92-21-PASSED
APPROVED
ORDINANCES
PUBLIC HEARING - 7:30 P.M.
9. PUBLIC HKAI&INQ - on
first reading concerning a request by ULYSSES G.
TELEGAD IS/ BROOKWOOD PLAZA to rezone land on the south side
of McNab Road, between NW 70 Avenue and Brookwood Boulevard,
from B-1 (Neighborhood Business District to B-2 (Planned
Community Business District). Petition #70-Z-91
FINAL ACT I ON :
Public Hearing was held.
APPROVED on first reading as amended with a restrictive covenant
to be approved on second reading prohibiting auto paint body shops
and pawn shops on this property. Second and final reading will be
held on Wednesday, February 26, 1992 at or after 10:00 a.m.
�I
2/12/92
Page 4
10. HQ110N TO ADOPT Temig_ Ord,_ 11591 on first reading to
amend Section 6-147 of the Code by increasing the threshold
amount for competitive bidding from $2,000.00 to $10,000.00
to comply with the Charter.
FINAL ASTION:
APPROVED on first reading. Public hearing and second reading will
be held on Wednesday, February 26, 1992 at or after 10:00 a.m.
11. MOTION TO ADOPT ,T=. Ord #1592 on first reading to
amend Section 6-150 of the Code by deleting from "Open Market
Procedure" language regarding purchases between $2,001.00 and
$5,000.00 to comply with the Charter.
FINAL-5CT 4H
APPROVED on first reading. Public hearing and second reading will
be held on Wednesday, February 26, 1992 at or after 10:00 a.m.
12• on first reading to
amend Section 6-151 of the Code by providing that one (1)
source purchases in excess of,$10,000.00 require a formal
written contract approved by the City Council to comply with
the Charter.
F.IHAL_.SQT I ON :
APPROVED on first reading. Public hearing and second reading will
be held on Wednesday, February 26, 1992 at or after 10:00 a.m.
13• on first reading to
amend Section 6-156 of the Code by providing that the City
Manager may authorize change orders in contracts not in
excess of $10,000.00 to comply with the Charter.
APPROVED on first reading. Public hearing and second reading will
be held on Wednesday, February 26, 1992 at or after 10:00 a.m.
14• MOTIQN To ApopT len. Ord, 01595 on first reading to
create a Section 16-228(f) of the Code to provide a cost of
living adjustment benefit for pension participants receiving
a normal retirement benefit.
FINAL ACTIQN:
APPROVED on first reading. Public hearing and second reading will
be held on Wednesday, February 26, 1992 at or after 10:00 a.m.
15. City Coungil
_,-
17• MOTION TQ APPROVE confirmation of the engagement of the Law
firm of Johnson, Anselmo, Murdoch, Burke, and George as
attorneys for the City in the litigation of Glasser versus
the City of Tamarac, H. Larry Bender & Jane Carroll,
Supervisor of Elections, Case No. 92-03143.
Agendized by Consent and then APPROVED
2/12/92
Page 5
1.8. MOTION TO -APPROVE, that the City of Tamarac provide
H. Larry Bender with a legal defense, due to being named as a
personal defendant in the litigation of Glasser versus the
City of Tamarac, H. Larry Bender & Jane Carroll, Supervisor
of Elections, Case No. 92--03143.
FINAL ACTION
Agendized by Consent and then APPROVED
19. MOTION TO ALE&= that the City of Tamarac provide Norman
Abramowitz with a legal defense, if he is made a defendant or
if he must intervene to protect his rights for election, in
the litigation of Glasser versus the City of Tamarac,
H. Larry Bender & Jane Carroll, Supervisor of Elections,
Case No. 92-03143.
_FINAL ACTION
Agendized by Consent and then APPROVED
The City Council may consider and act upon such other business as
may come before it.
In the event this agenda must be revised, such revised copies will
be available to the public at the City Council meeting.
Pursuant to Chapter 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
may need to ensure that a verbatim record of the proceedings is
made which record includes the testimony and evidence upon which
the appeal is based.
2
Carol A. Evans
City Clerk
A-1 - Limited Agricultural
B-1 - Neighborhood Business R-2 - Two Family Dwelling
B-2 - Planned Community Business R-3 - Low Density Multiple
B-3 - General Business R-3U - Row House
B-5 - Limited Business District R-4A - Planned Apartment
B-6 - Business District R-5 -- Motel/Hotel
I-1 - Institutional RD-7 - Two Family Dwelling
LI-1- Light Industrial RM-5 - Residential Multi
Family
R-1 - Single Family Residence RM-10- Planned Apartment
R-1B & S-1. - Open
Space/Recreational
R-1C- One Family Dwelling T-1 - Trailer Park
2/12/92
Page 6
City Council Regular Meeting
2/12/92/KJ
Page 1
CITY OF TAMARAC
CITY COUNCIL REGULAR MEETING
WEDNESDAY, FEBRUARY 12, 1992
CALL TO,QRDER: Mayor Abramowitz called this meeting to order on
Wednesday, February 12, 1992 at 7:00 p.m. in the Council Chambers
of City Hall, 7525 Northwest 88 Avenue, Tamarac, Florida.
PLEDGEO ALLEGIANCE, & MEDITATION* Mayor Abramowitz called
for the Pledge of Allegiance followed by a moment of silent
meditation for the passing of Rhoda Zemel, former Councilman
Irving Zemel's wife.
Mayor Norman Abramowitz
Vice Mayor Dr. H. Larry Bender
Councilwoman Diane Glasser
Councilman Henry Schumann
Councilman Irving Katz
ALSO 2„g,, SEN :
John P. Kelly, City Manager
Alan F. Ruf, City Attorney
Carol A. Evans, City Clerk
Karen Jackson, Secretary
17. MOTION TO--APEEM confirmation of the engagement of the
Law firm of Johnson, Anselmo, Murdoch, Burke, and George as
attorneys for the City in the litigation of Glasser versus
the City of Tamarac, H. Larry Bender & Jane Carroll,
Supervisor of Elections, Case No. 92-03143.
SYNOPS13 OF ACTION,
Agendized by Consent and then APPROVED
V/M Bender said since the City and many of the elected officials
are currently involved in a lawsuit challenging the C.ty's
Charter and the City Attorney has been advised by the Florida
Bar Association that he should not represent any of the parties
in this suit, he has a series of Motions he would like to
agendize for Council consideration.
V/M Bender said first, would be to confirm the engagement of
attorneys for the City in this litigation; second, that Council
provide him with a legal defense, since he has been made a
personal defendant in this suit; and third, that if Mayor
Abramowitz is made a defendant or if he must intervene to
protect his rights for election, then he also be provided with
legal counsel, who might well be the same as his, as there is a
common interest.
V/M Bender MOVED to AGENDIZE Item 17, Mayor Abramowitz handed
the gavel to C/M Katz and SECONDED the Motion.
C/W Glasser asked City Attorney Ruf if she, V/M Bender and Mayor
Abramowitz have a conflict of interest in voting on this.
City Attorney Ruf said in his opinion, C/W Glasser does not have
a conflict of interest, nor does V/M Bender or Mayor Abramowitz.
He said he has researched this question carefully and he would
refer the Council and any other interested parties to Section
112.3143 of the Florida Statutes and an opinion of the Ethics
Commission of the State of Florida, Opinion 88--46, dated July
29, 1988, where a Commissioner actually voted in favor of paying
legal fees for his representation. He said it is quite clear
City Council Regular Meeting
2/12/92/KJ
Page 2
from that opinion, that if there is a legal right to
representation, C/W Glasser has the right not only to vote for
legal counsel but to vote for the payment of that legal counsel
when the bill is rendered. He said no one on this Council has a
legal conflict of interest to vote on this issue.
VOTE: C/M Schumann - AYE
C/N Glasser said she chooses not to vote at this
point because at one time when she received an opinion from City
Attorney Ruf, he said she could vote and a week later a letter
was received from City Attorney Ruf stating that he had given
her the wrong opinion. She said based on this, she does not have
a lot of trust in the opinion received and she will not vote.
V/M Sender - AYE
C/M Katz - AYE
Mayor Abramowitz - AYE
18. MOTION TO APPROVE that the City of Tamarac provide
H. Larry Bender with a legal defense, due to being named as a
personal defendant in the litigation of Glasser versus the
City of Tamarac, H. Larry Bender & Jane Carroll, Supervisor
of Elections, Case No. 92-03143.
SYNQRSIS. OF ACTION:
Agendized by Consent and then APPROVED
V/M Bender MOVED to AGENDIZE Item 18, Mayor Abramowitz handed
the gavel to C/M Katz and SECONDED the Motion.
C/M Katz said on October 24, 1991, he made a Motion that the City
pay for the defense of former Mayor Hart based on the criteria
that was entered into the minutes which was Patricia Thornberg
versus the City of Fort Waldon Beach, Items 1 and 2, Supreme Court
of Florida, October 11, 1990.
C/M Katz said at that time, C/M Schumann said for the record, that
the reason he would not vote was that, reading from the Appellate
Court decision, "officers and public employees, for public
officials to be entitled to representation at public expense,
litigation must arise out of or in connection with performance of
their official duties and serve public purpose."
C/M Katz said at that time, former Mayor Hart's request for
Council approval to pay for his legal defense was denied by a vote
of 3 to 2. He said he is going to utilize this same criteria in
this situation and he does not believe that either one of these
criteria are met in the suit that was filed by the plaintiff,
Diane Glasser against H. Larry Bender, an individual.
C/M Katz said since that suit was filed by an individual against
an individual he does not believe that the City is responsible for
paying for a defense until the Court will say that it was done as
an elected official for and on behalf of the City.
Mayor Abramowitz said there has been litigation placed and brought
forward by C/W Glasser indicating that the City Charter, passed by
the voters in 1984, was unconstitutional. He said in the course of
doing this the relief being sought is to prevent V/M Bender from
running for office, and, in effect, prevent him as well.
Mayor Abramowitz said he feels the cases are entirely different
and at this time he does not intend to review former Mayor Hart's
case. He said he and V/M Bender were not adjudicated guilty of
anything. He read from the minutes of the Council meeting dated
November 13, 1991 as follows: "C/M Katz said he would like a
guarantee that this City is going to pay for his defense". He read
from the minutes of the Council meeting of October 24, 1991, "C/W
Glasser said she understood that a City official working in that
1-1
City Council Regular Meeting`
2/12/92/KJ
Page 3
capacity would be protected for legal fees as long as that person
is working in the capacity of the office."
Mayor Abramowitz said he feels that the defendants in this case,
who are V/M Bender and himself, are working in the capacity of
their offices and have done nothing and no charges have been
brought against them. He said the charges have been brought
against the people and the voters of the City of Tamarac, who
passed this Motion.
C/M Katz said he has no problem with the City defending elected
officials because he sits there as well as Mayor Abramowitz and
V/M Bender. He said his concern is that when he suggested that
there may have been a possibility at the time that the Appellate
Court made its decision and the City could sue to recover.
C/M Katz said City Attorney Ruf had said the City could sue to
recover but whether it could be recovered is another matter. He
said he feels the same situation exists in this case and he has no
problem with the City paying for a defense of any elected official
providing that the criteria which C/M Schumann took exception to
is met in this case. He said he does not feel the criteria is met
in this case.
Mayor Abramowitz said he feels this discussion is an embarrassment
to former Mayor Hart, who is in the audience. He said former Mayor
Hart has absolutely nothing to do with this particular case.
C/M Katz said he did not mean for former Mayor Hart to get
involved in this.
Mayor Abramowitz said C/M Katz just made a statement that he has
no objection to the City paying attorney's fees in defense if the
criteria is met. He said V/M Bender and he have not been charged
and all they are guilty of is following the Charter of the City of
Tamarac, which was put in place by the voters.
C/W Glasser said Mayor Abramowitz was never mentioned in the suit
and Mr. Bender is being sued as H. Larry Bender, not as V/M
Bender. She said it has nothing to do with his Council seat at
present. She said the mayorial seat is something Mr. Bender
chooses to run for in the future. She said this really has no
criteria as far as City business is concerned. She said this is a
private matter and if he chooses to run and she is suing him, then
he has to defend himself.
Mayor Abramowitz said C/W Glasser stated that he is not mentioned
in the litigation. He requested that Council refer to Page 9, Item
g, of the Complaint, where it states, "such seat swapping is
exactly the case where defendant, H. Larry Bender, who has served
the maximum number of terms, as a Councilman in an even numbered
district, is now running for Mayor and Norman Abramowitz, who has
served the maximum number of terms as Mayor."
C/W Glasser asked if Mayor Abramowitz was served with legal papers
and Mayor Abramowitz said he was served as the Mayor of the City
of Tamarac.
C/W Glasser asked if Mayor Abramowitz was personally served with
legal papers and Mayor Abramowitz said he does not want to say yes
or no, but wants to state the facts.
Mayor Abramowitz said five minutes after he was served he
requested a legal opinion from the City Attorney. He quoted, "It
is obvious to me, that should the court find for the plaintiff,
then your candidacy would also be adversly affected, in fact, I
believe that you are a necessary party to this litigation."
City Council Regular Meeting
2/12/92/KJ
Page 4
Mayor Abramowitz said he intends, with his attorney's permission,
to enter this suit immediately, because if this affects the Vice
Mayor, it affects him.
VOTE: C/N Glasser - NO VOTE
V/M Bender - AYE
C/M Katz - NAY
C/M Schumann - AYE
Mayor Abramowitz - AYE
19. MOTION TO APPROVE that the City of Tamarac provide Norman
Abramowitz with a legal defense, if he is made a defendant or
if he must intervene to protect his rights for election, in
the litigation of Glasser versus the City of Tamarac,
H. Larry Bender & Jane Carroll, Supervisor of Elections,
Case No. 92-03143.
SYNOPSIS or ACTIgNe
Agendized by Consent and then APPROVED
V/M Bender MOVED to AGENDIZE Item 19, Mayor Abramowitz handed
the gavel to C/M Katz and SECONDED the Motion.
VOTE: C/M Schumann -- AYE
C/W Glasser- NO VOTE due to an appeal of a conflict of interest
V/M Bender - AYE
C/M Katz - NAY
Mayor Abramowitz - AYE
1. PUBLIC PARTICIPATION - 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.
SYNOPSIS O$_ ACTION:
Discussed by resident (See Page 6 for further discussion).
Abe Garr, President of the Northwest Broward Coalition, said
Council previously discussed the need for sidewalks in Spring
Lake. He expressed his concern regarding the health, safety and
welfare of the residents and the need for sidewalks in Spring
Lake.
Mr. Garr expressed his concerns regarding the cable television
service and the current rates they charge in the City.
C/M Katz said when the sidewalk issue was discussed, he was
opposed to the sidewalks but during the budget process he agreed
that money should be set aside for sidewalks. He said $25,000 was
set aside for sidewalks for two particular projects in the City,
one of which was Spring Lake Villas.
M
7
City Council Regular Meeting
2/12/92/KJ
Page 5
9. PUBLIC HEARING - MOTION TO ADOPT TeMM- Ord, 11.M on
first reading concerning a request by ULYSSES G.
TELEGADI S /BROOKWOOD PLAZA to rezone land on the south side
of McNab Road, between NW 70'Avenue and Brookwood Boulevard,
from B-1 (Neighborhood Business District to B-2 (Planned
Community Business District). Petition #70-Z-91
Public Hearing was held.
APPROVED on first reading as amended with a restrictive covenant
to be approved on second reading prohibiting auto paint body shops
and pawn shops on this property. Second and final reading will be
held on Wednesday, February 26, 1992 at or after 10:00 a.m.
City Attorney Ruf read Temp. Ord. #1596 by title.
C/M Katz MOVED to APPROVE Temp. Ord. #1596, SECONDED by
C/W Glasser.
City Manager Kelly said while this indicates a request for a
change to B-3, this is due to the original ad being prepared that
way but there is no change to B-3. He said the request is simply
from B-1 to B-2, the B-3 designation has been dropped.
Mike Vander Meulen, Senior Planner of the Community Development,
said this is a request to rezone the entire block, south of McNab
Road, between Brookwood Blvd. and NW 70 Ave., from B-1 to B-2
designation. He said this request to rezone the entire parcel
instead of splitting the parcel was voluntarily amended by the
applicant at the Planning Commission meeting.
Mr. Vonder Meulen said the parcel constitutes about 9.16 acres and
currently contains a 27,000 square foot shopping center in the
center of the block. He said there are vacant parcels on either
side which could still be developed.
Mr. Vonder Meulen said the land was platted prior to 1979;
therefore, if any development was to occur on the site, an action
plan mitigating traffic that would occur on the parcel due to
development, would have to be approved by Council and the County
Commission prior to obtaining any building permits.
Mr. Vonder Meulen said Staff has reviewed this application and has
recommended denial of the portion that was going to be rezoned to
B-3 due to some uses that are not acceptable. He said the Planning
Commission and Staff's recommendation is to rezone the entire
parcel to B-2.
Mr. Kelly said the applicant agreed that there would be no auto
body paint shops on the premises, which is an allowable use for
B-2.
Mr. Ruf recommended that the vote be contingent upon receiving a
restrictive covenant in recordable form, acceptable to the City
Attorney's office, restricting the use of auto body paint shops.
C/M Katz asked how much more land there is to be developed and Mr.
Vander Meulen said there are vacant parcels on either side of the
shopping center which can be developed. He said the property is
divided into 12 parcels and the shopping center consists of 5 or 6
parcels.
City Council Regular Meeting
2/12/92/KJ
Page 6
Mayor Abramowitz asked if the trips for concurrency have been
calculated and Mr. Vonder Meulen said the trips are not calculated
until the applicant knows what type of commercial uses are desired
to be placed on the land.
C/M Katz asked if this interferes with any wellfield protection
areas and Mr. Vonder Meulen said, no.
C/M Schumann requested that pawn shops be removed from the
allowable uses and Mr. Ruf said any restrictive covenant would be
a condition to second reading of the ordinance.
Richard Barry, Growth Management Consultant for the applicant,
asked if the pawn shop restriction is something that is being
presented to other B-2 shopping centers or is it unique to this
site.
Mayor Abramowitz said it is the responsibility of Council to do
what is best for the City.
Mr. Barry said the applicant agrees to the restriction but would
like to see that pawn shops be removed from the permitted uses of
B-2 zoning so that no one has the opportunity to place pawn shops
in B-2. He said the applicant agrees to not allow auto paint shops
or pawn shops on this site.
Mr. Ruf said the ordinance will be amended so that the rezoning is
from B-1 to B-2 and that it is contingent upon the petitioner
supplying the City, prior to second reading, a restrictive
covenant restricting the uses on that land in perpetuity to avoid
the use of auto paint shops and pawn shops. He said the
restrictive covenant may contain a provision that it could be
amended on joint action of the petitioner and Council at some time
in the future.
Mayor Abramowitz OPENED and CLOSED the Public Hearing with no
response.
VOTE: ALL VOTED AYE
TAPE 2
(Continued from Page 4)
Arthur Ormont, President of the Spring Lake Homeowner's
Association, requested a sidewalk be installed on Southgate
Boulevard in ensure the health, safety and welfare of the
residents.
Mayor Abramowitz requested that a survey be done on the costs for
this sidewalk. He suggested that the sidewalk be continued where
it ends at the 22 feet of grass area on the west side of Southgate
Boulevard.
Marcia Kantorwitz, resident and former customer of Continental
Cablevision, expressed her concerns regarding the poor rate
practices of Continental Cablevision. She requested the franchise
be rescinded by the City.
Mayor Abramowitz said the Federal Government took the right away
from the municipalities to control the rates of the franchises. He
said Tamarac sent requests to various cable companies throughout
the country inviting them to provide competition to Continental
Cablevision. He said two proposals were received, one of which
was from a company that services 1,600 people and the other, 600
people.
City Council Regular Meeting
2/12/92/KJ
Page 7
Mayor Abramowitz read a letter he sent to Senator Bob Graham
regarding a bill being considered that will not help this
situation at all. He said when Broward County put up their
Proposed version of regulation of cable industry in Broward
County, the representatives of Continental Cablevision were quite
upset. He said he does not know what the solution can be for this.
Ms. Kantorwitz suggested that everyone cancel their cable
television service.
V/M Bender said he has done extensive work on this. He said he is
trying to determine whether it would be feasible for the City to
have its own cable television system. He said he has requested
proposals on the costs of a turn key operation, where the City
could afford to give the residents reduced rates and possibly fire
and police protection through the same system. He said this has
been done in other cities.
Stan Bernard, resident, expressed his concerns regarding the
Continental Cablevision contract which has expired and the
stipulations of the contract.
Louis Dishotsky, resident of Westwood 21, expressed his concerns
regarding the cable franchise and requested that Council handle
these poor rate practices.
Henry Getzoff, resident of Westwood 21, said the residents would
not object to a reasonable increase; however, Continental
Cablevision is constantly raising their rates. He said he feels
Council should have some power over these rate increases.
Terry Hobmeier, resident of the Isles of Tamarac, expressed her
appreciation for BSO enforcing the 25 mile per hour speed limit on
NW 71 Place.
Ms. Hobmeier suggested that the median strips be repainted due to
the yellow paint fading.
Ms. Hobmeier asked when the drainage work on NW 71 Place will
begin.
Ms. Hobmeier said the trees and bushes were cut down on NW 108
Terrace, near NW 71 Place and Kings Point, abutting the Sawgrass
Expressway. She asked why this was removed and not replaced.
Ms. Hobmeier asked why there is a four year limitation for a two
year period of office for Mayor and Council members. She said she
feels that the Charter Board should examine this thoroughly and
extend the limitation.
Norman Zimmerman, resident of Woodmont, referred to the law suit
and asked if the Judge rules in favor of the Plaintiff, does it
mean that the remaining candidate becomes Mayor or is another
election scheduled.
Mr. Ruf said the relief being sought by the Plaintiff is to have
V/M Bender removed as a candidate for Mayor and that would mean
that C/W Glasser would be elected.
Mr. Zimmerman asked if this means, by default, that the voters do
not have a vote.
Mr. Ruf said if the Judge votes the way the petition requests,
then the voters would have no vote.
Mr. Zimmerman asked if there is any way to have an election
rescheduled and Mr. Ruf said that is a relief that the parties
could ask the Judge to consider if he were inclined to rule in
favor of the Plaintiff,
City Council Regular Meeting
2/12/92/KJ
Page 8
Joe Schreiber, resident of Kings Point, requested that Council
table Items 2g, 2h, and 2i, until the City contact the
neighborhood Board of Directors of Clairmont and Devon to
ascertain if these items are correct for the release of the
Letters of Credit.
Mr. Kelly said the Engineering Department inspected the work and
the requirements have been satisfied.
Mr. Schreiber referred to Item 8 and asked what the scope of work
and salary is for the proposed City Attorney. He referred to Items
12 and 13 regarding why the Charter is mentioned in these items.
Mayor Abramowitz said this was done in the past and Council is
bringing the Charter up--to-date.
Carl Alper, resident of Section 23, said the municipalities, by
Law, have no right to regulate the rates of the cable franchises;
however, there is another way to solve this problem. He said the
Charter requires that no firm may engage in a cable business
without a franchise. He said franchises are only obtained by
Council approval.
2. Items listed under Consent Agenda, Item 2, 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.
ctm - C 1_eILk
a. MgTTgN Xg AgPEM the minutes of the following City
Council meetings:
1. 12/17/91 - Special Meeting
2. 12/31/91 - Joint Special Meeting with Charter Board
3. 1/06/92 - Special Meeting
4. 1/08/92 - Regular Meeting
5. 1/16/92 -- Special Meeting
6. 1/22/92 - Regular Meeting
MUUWMWQT*�Otsji
b, renewal of a model sales facility.
and waiver of the 300-foot distance requirement for
issuance of certificates of occupancy for SPRINGLA E
11 (WESTLAKE VILLAS) for a six-month period from
3/22/92 to 9/22/92.
C. MOTION TO APPROVE renewal of a model sales facility
and waiver of the 300--foot distance requirement for
issuance of certificates of occupancy for SPRINGLAKE
VILLAS (NORTHWOOD II) for a six-month period from
3/13/92 to 9/13/92.
9W (e) 44 *ZJWSYM��Xe"Yhb C10 i
City Council Regular Meeting
2/12/92/KJ
Page 9
d. MOTION ,TO UPROVE renewal of a model sales facility
for SPRINGHOUSE APARTMENTS, 5700 Rock Island Road,
Building 10, Units 391, 393 and 394, for a six-month
period from 3/26/92 to 9/26/92.
SYN99STS OF ACTION -
APPROVED
e" ON TOapproving the
assignment of the Water and Sewer Developer's Agreement
for TAMARAC SQUARE WEST (northwest corner of McNab
Road and NW 88 Avenue) from McNab Associates, Ltd., to
The Anis Company.
RESOLUTION R-92-10-PASSED
APPROVED
f. 1. approving a
Tamarac Utilities West Water and Sewer Utility
Easement offered by Richard C. Jones, Trustee, for
the WESTPOINT Water Main Extension project.
2' approving a
Public Utility Easement offered by Richard C.
Jones, Trustee, for the WESTPOINT Water Main
Extension project:
RESOLUTION R-92-11-PASSED
APPROVED 2.f.1, and 2.f.2. RESOLUTION R-92-12-PASSED
g' releasing
warranty Letter of Credit #00000000028093 in the amount
of $2,078.13 posted for drainage, sidewalks and curbs at
CLAIRMONT PARCEL "B" a/k/a CLAIRMONT FIRST
ADDITION, PHASE I.
RESOLUTION R-92-13-PASSED
APPROVED
h' releasing
warranty Letter of Credit #00000000028094 in the amount
of $2,566.88 posted for sidewalks and curbs at
CLAIRMONT PARCEL "B" a/k/a CLAIRMONT FIRST
ADDITION, PHASE II.
RESOLUTION R-92-14-PASSED
APPROVED
i'XQTJON TO releasing
warranty Letter of Credit #00000000028605 in the amount
of $12,195.00 posted for the water distribution system
at DEVON - PHASE II.
SYMPSIR OF ACTION- RESOLUTION R-92-15-PASSED
APPROVED
j' HOTreleasing a
warranty bond in the amount of $2,713.73 posted for
Public improvements at the SUN BANK EAST project.
RESOLUTION R-92-16-PASSED
APPROVED
City Council Regular Meeting
2/12/92/KJ
Page 10
k. releasing a
warranty bond in the amount of $20,403.76 posted for
public improvements at THE MARKETPLACE AT TAMARAC
project.
RESOLUTION R--92-17-PASSED
APPROVED
V/M Bender MOVED to APPROVE the Consent Agenda, SECONDED by
C/M Katz.
VOTE:
ALL VOTED AYE
General_ AelminiAtratiy9k
3. MOTION TO APPROVE the City Manager's appointment of James
M. Budzinski as Fire Chief pursuant to Section 5.04(a) of the
Charter effective January 1, 1992.
V/M Bender MOVED to APPROVE item 3, SECONDED by C/M Schumann.
Mr. Kelly said his appointment for the Fire Chief of the City of
Tamarac is the present Fire Marshal and Acting Fire Chief, Jim
Budzinski. He said the City had two qualified applicants who
applied from within the Department, Mr. Budzinski and Lieutenant
Peter Prior.
Mr. Kelly said to assist the City and to provide a fair and
impartial selection process, the City requested the services of a
three -member panel consisting of Fred Deihl, Instructor and
Director at the Fire College, Chief Jim Sparr of the City of Fort
Lauderdale, and Chief Russ Brown of the City of Cooper City.
Mr. Kelly said on Friday, January 31, 1992, the panel interviewed,
tested and evaluated both candidates and it was a unanimous
recommendation that Mr. Budzinski was the best qualified for the
position of Fire Chief for the City of Tamarac.
Mr. Kelly advised Council that he is appointing Mr. Budzinski to
the position of Fire Chief for the City of Tamarac. He said Mr.
Budzinski has been the Acting Fire Chief for approximately eight
months and has fulfilled the duties of that office admirably.
Mr. Kelly said he is proposing a 5% salary increase from $48,425
to $50,848 effective January 1, 1992, with no other changes in his
financial benefit entitlements. He said Mr. Budzinski's
probationary period will end on June 30, 1992. He said the City
Charter requires that the City Manager appoint Department Heads,
subject to the approval of Council. He recommended such action
based on Mr. Budzinski's leadership and management skills.
C/M Katz asked if there is a position available for Assistant Fire
Chief and Mr. Kelly said that position is the responsibility of
the Fire Chief to determine which will be addressed after a Fire
Chief is appointed.
VOTE: ALL VOTED AYE
Fire Chief Budzinski expressed his appreciation for this
appointment and said he,plans to continue the same service
rendered to the City.
a
r7
I
City Council Regular Meeting
2/12/92/KJ
Page 11
4. a MQTTQN TO ACCZET Final Release of Lien from Utilities
Services, Inc., for all work performed and materials
supplied for TUW Project 88-22, Rehabilitation of Sewage
Lift Stations 2, 2A1 and 8.
b• MOTTQX TO APPEM final payment in the amount of
$22,963.00 to Utilities Services, Inc., for work
performed and materials supplied for TUW Project 88-22,
Rehabilitation of Sewage Lift Stations 2, 2A1 and 8.
APPROVED 4.a. and 4.b.
4.a. C/M Katz MOVED to ACCEPT Item 4.a., SECONDED by
C/M Schumann.
Peter Procopio, Utilities Operations Manager, said this refers to
the completion of a contract that was performed by Utilities
Services, Inc. He said the City has accepted the work and is ready
to make final payment. He requested that Council accept the
Release of Lien and approve the final payment.
VOTE: ALL VOTED AYE
4.b. Mr. Procopio said he recommends approval of the final payment
of the last 10% of the contract.
C/M Katz MOVED to APPROVE Item 4.b., SECONDED by C/W Glasser.
Mr. Kelly said the City passed a Referendum in July, 1986, stating
that each year the City would repair six pump stations. He said
the total for the five year period is not to exceed two million
dollars the City is on schedule with the performance of the
Utilities Department.
VOTE: ALL VOTED AYE
5•XeMR_approving a waiver to
the sign code to allow a ground monument sign with letter
heights of 23-inches, which would exceed the 15-inches
maximum size, requested by MOBIL OIL STATION, 7705 NW 88
Avenue.
RESOLUTION R-92-18-PASSED
APPROVED with the condition that the existing price identification
sign on the north end of the property be removed.
Mr. Ruf read Temp. Reso. #6215 by ,title.
C/W Glasser MOVED to APPROVE - Temp. Reso. #6215, SECONDED by
V/M Bender.
Mr. Kelly said this must be applied for through the Chief Building
Official, who has no right to grant a waiver, which may only be
done by Council. He said Dan Wood, Chief Building Official, denied
the proposal based on the criteria that he must follow because it
does exceed the allowable height by eight inches. He said the Sign
Ordinance allows only one gasoline station identification and
pricing sign per frontage, which means that if this is approved,
the sign on the north end of the property must be removed.
City Council Regular Meeting
2/12/92/KJ
Page 12
TAPE 3
Mr. Kelly said it is recommended that if the waiver is granted,
that the stipulation be made that the Mobil station remove the
existing price sign at the north end of the property.
C/M Katz asked if the only waiver being sought is the letter
height and Mr. Kelly said, yes.
Paul Yeasback, Vice President of Claude Neon Sign, introduced
Elgin Davis of Mobil Oil Corporation.
Mr. Davis said Mobil Oil is in agreement with the stipulation. He
said the standard logo sign is 23 inches tall which reads, "Mobil"
with all letters being blue with the 'loll being red. He said the M,
b, and 1 will be 23 inches tall.
VOTE ALL VOTED AYE
6.#62].Fl authorizing the Jaycees
of Tamarac to conduct a carnival from Wednesday, February 26,
through Sunday, March 1, 1992, on vacant property located on
the east side of University Drive, north of NW 77 Street.
RESOLUTION R-92-19-PASSED
APPROVED
Mr. Ruf read Temp. Reso. #6218 by title.
C/W Glasser MOVED to APPROVE Temp. Reso. #6218, SECONDED by
C/M Katz.
Mr. Kelly said the City has an internal procedure that requires
the District Commander of the BSO, the Fire Chief, the City
Manager, and the Chief Building Official to sign off on certain
applications. He said the City had some problems in the past with
a carnival. He said Captain Goldstein of the BSO was not happy
with the outcome of that carnival and when the internal review was
done and passed through his office, he was not present and his
Executive Lieutenant refused to take action on it, based on the
City's intention to address carnivals in the future.
Mr. Kelly said Acting Fire Chief Budzinski had approved this
review with certain conditions and the Chief Building Official
also approved it. He said he had rejected the application and has
denied the request by the Jaycees of Tamarac for a carnival to be
located on 2.5 acres of vacant property on the corner of
University Drive and 77 Street for the following concerns which he
had discussed and came to this conclusion with Kelly Carpenter,
Director of Community Development.
Mr. Kelly said 77 Street is a narrow', two lane access to a
developed, single-family residential community. He said the
proposed activity has the potential to create a significant
disruption to the ability of these residents to get in and out of
their community. He said this application also raises the issue of
the public safety aspect, if the carnival is to be situated at the
site as proposed.
Mr. Kelly said the proposed parcel of land backs up to five
single-family homes. He said the proposed parking lot of 75 x 300
feet could accommodate only 60 cars if that area was entirely
vacant. He said there are trees lining the north side of 77 Street
which will impact and further limit the parking. He said while
endorsing the efforts of the Jaycees on behalf of the Diabetes
Research Institute, he said he cannot approve the activity on the
proposed location and recommended that Council deny this
City Council Regular Meeting
2/12/92/KJ
Page 13
application. He said the Council has the ability to override the
Staff recommendations.
Mayor Abramowitz said this is a very small piece of land and
Tamarac has had problems with carnivals. He reviewed a situation
where a carnival set up without permits and had to be asked to
leave. He said he does not feel that Tamarac is a good place for a
carnival.
Jon Lederman, representative for the Tamarac Jaycees, said the
Jaycees held a carnival in October, 1990, at the Midway Plaza
Publix. He said the carnival held in October, 1990, happened
without incident and was supported by Captain Goldstein. He said
Sandy Fenster, owner of the property, had informed him that 3 to 5
years ago, the Kiwanis Club held a carnival run by Crown
Amusements for a similar cause without incident.
Mr. Lederman continued his presentation for the Diabetes Research
Institute. He requested that Council permit this carnival to take
place in order to further research for Diabetes patients.
C/M Katz asked if there is any property available on the west side
of town and Mr. Lederman said this is the Tamarac Chapter of the
Jaycees, not the Sunrise Jaycees.
V/M Bender asked if other areas in Broward County were explored to
hold this carnival and Mr. Lederman said he contacted many
property owners in the County and only Ms. Fenster agreed. He said
he spent six months researching this.
C/W Glasser asked if this impacts any private homes and Mr. Kelly
said there are five single-family homes directly behind this
location.
C/W Glasser asked if there is a planned layout of this carnival
and Mr. Lederman said the storage area will be at least 500 feet
from the residential area.
Mr. Lederman said he had discussed this with Principal Bell of
Tamarac Elementary School and assured him that the carnival would
not be operating during school hours. He said the hours are as
follows: Wednesday and Thursday, 6 p.m. to 11 p.m., Friday, 6 p.m.
to 12 midnight, Saturday, 2 p.m. to 12 midnight and Sunday, an
early opening hour.
V/M Bender asked how soon after March 1, 1992 is the carnival
required to be removed and Mr. Lederman said the carnival will be
removed completely on Monday, March 2, 1992.
Mr. Kelly said it was indicated that the storage area would be 500
feet from the nearest home; however, the parcel is identified as
being 350 feet long and 300 feet deep.
C/W Glasser asked if there will be someone monitoring the traffic
and Mr. Lederman said there will be Jaycees who have been trained
by the Department of Transportation to direct traffic.
VOTE: C/W Glasser - AYE
V/M Sender - AYE
C/M Katz - AYE
C/M Schumann -- NAY
Mayor Abramowitz - NAY
City Council Regular Meeting
2/12/92/KJ
Page 14
7. MOTION TO ADOPT Temio- Res12, #6213 awarding Bid #92-01 in
the amount of $32,952.50 to Physio-Control Corporation for
five (5) automatic defibrillation systems and accessories.
SYNOPSIS OF ACTION_ RESOLUTION R-92-20-PASSED
APPROVED
Mr. Ruf read Temp. Reso. #6213 by title.
C/M Katz MOVED to APPROVE Temp. Reso. #6213, SECONDED by
C/W Glasser.
Fire Chief Jim Budzinski said this is a culmination of a grant
process that started in 1991 where the City applied for a State
grant which was received and consists of matching funds. He said
the City has secured the bids, evaluated the units and this is to
request the purchase of five units for the defibrillation program,
which is an expansion of the Department's emergency medical duties
and fire rescue service.
C/M Katz questioned the calculations of this proposal and Mr.
Budzinski said the bids came in lower than anticipated. Mr.
Budzinski said the original grant was for four units and after
being in contact with the State, they suggested that the City get
the additional unit as a part of this grant. He said the total of
the bid that the Department is requesting is near $32,000 and the
grant received was for $17,400. He said the City was required to
match this grant which was done in August, 1991 and the funds were
carried over from the 1990/91 Budget to the 1991/92 Budget.
C/M Schumann asked if the City is purchasing four or five of these
and Mr. Budzinski said, five.
VOTE:
ALL VOTED AYE
8. MQTTQX 30 ADOPT Temv..Reso- #6214 appointing MITCHELL
S. KRAFT to the position of City Attorney.
SYNOPSIS OF ACTION: RESOLUTION R-92-21-PASSED
APPROVED
Mr. Ruf read Temp. Reso. #6214 by title.
C/M Katz MOVED to APPROVE Temp. Reso. #6214, SECONDED by
C/W Glasser.
V/M Bender requested this item be tabled until after the March 10,
1992 election in order to be fair to the new Attorney and to the
City.
V/M Bender MOVED to TABLE Temp. Reso. #6214, Mayor Abramowitz
handed the gavel to C/M Katz and SECONDED the Motion.
VOTE:
Motion failed by a 3 to 2 vote.
V/M Bender - AYE
C/W Glasser - NAY
C/M Schumann - NAY
C/M Katz - NAY
Mayor Abramowitz - AYE
11
City Council Regular Meeting
2/12/92/KJ
Page 15
C/M Katz MOVED to APPROVE Temp. Reso. #6214, SECONDED by
C/W Glasser.
Mr. Kelly said he negotiated the salary with Mr. Kraft upon the
request of Council. He said the proposed salary and benefits for
Mr. Kraft are as follows:
a) Salary - $62,500 per year,
b) $6,000 in Deferred Compensation,
c) $100 per month car allowance,
d) Normal City benefits,
e) Six month severance for termination without cause,
f) Effective start date of. February 18, 1992.
Mayor Abramowitz asked if there are any other Department Heads who
receive severance pay and Mr. Kelly the City Attorney and City
Manager are subject to hiring and firing by the Council. He said
there should be a distinction made between the Department Heads
and the City Attorney and City Manager.
Mr. Kelly said this severance would be if there was termination
without cause, but if there is cause, it would be different. He
said there is no contract at the present time and explained the
negotiations with Mr. Kraft.
Mayor Abramowitz said he feels that it is unfair to Mr. Kraft to
bring him aboard just prior to an election.
C/W Glasser asked Mr. Kraft if he is uncomfortable in taking
office at this time and Mr. Kraft said he entered into
negotiations with the knowledge that the position was ready to be
filled and is ready to assume the responsibility.
C/M Schumann requested that a number of active litigations remain
under Mr. Ruf's jurisdiction due to his being familiar with the
cases and the amount of work he has done on them.
Mr. Kelly said this was discussed between Mr. Kraft, Mr. Ruf and
himself and it was agreed upon.
C/M Katz asked how much time and money this entails and C/M
Schumann said it would cost the City much more if these cases are
given to a new attorney to handle in order for him to get familiar
with it.
V/M Bender said he had made the Motion to Table based on these
situations. He said he feels it would be prudent to allow three
weeks for these litigations to be concluded.
Discussion was held regarding the amount of time it would take to
conclude certain litigation cases.
Mr. Ruf said in the time that the City has been discussing the
possibility of a full-time City Attorney, no one has asked his
opinion as to whether or not all of the work for the City could be
handled by one full-time City Attorney. He said this has not
happened in the past, as far back as 1976. He said every
municipality has had to go out for special counsel at one time or
another. Further discussion was held regarding outstanding legal
cases.
Mr. Ruf said there is no case that will be concluded in the next
three weeks.
Mr. Kraft said this was discussed and he agrees that when a case
is almost completed, it should not change hands. He said Mr. Ruf
has offered the availability for consultation when needed. He said
he does not know any municipality where an in-house attorney can
handle every case.
TAPE 4
City Council Regular Meeting
2/12/92/KJ
Page 16
Mayor Abramowitz asked if it would be in the City's best interest
to have someone on board for a short period of time and Mr. Kraft
said any type of assistance he can get would be appreciated, but
the length of time for this assistance would be up to Council.
Stan Bernard, resident, asked what changed the minds of Council
about having a full-time rather than part-time attorney and what
is the cost comparison. He said the City had made a determination
in the past not to have a full-time attorney based on the amount
of savings.
C/M Katz suggested Council limit the ongoing work by Mr. Ruf.
Further discussion was held regarding the ongoing cases involving
Mr. Ruf.
Mr. Kelly said the City is hiring Mr. Kraft to be the full-time
City Attorney. He said there is a six-month probationary period
and Mr. Kraft is going to try to do what satisfies Council. He
said no one attorney can handle every case.
Mayor Abramowitz suggested that Council specify that for three
weeks the City would spend the money for Mr. Kraft to work with
Mr. Ruff to acquaint himself with the City.
C/W Glasser said Mr. Kraft is an attorney with good qualifications
and has had a lot of experience with municipalities and other
firms. She said attorneys are required to read the laws in order
to become acquainted in any case. She said she feels the City
should hire Mr. Kraft and if he needs to work with Mr. Ruf, it
should be worked out accordingly amongst themselves.
C/M Katz AMENDED the Motion to include that Mr. Ruf will attend
Mr. Kraft when and if he needs his services on a consultation
basis, SECONDED by C/W Glasser.
Mr. Ruf said he will be available upon Mr. Kraft's request if he
is appointed.
VOTE: C/M Katz
- AYE
C/M Schumann
- AYE
C/W Glasser
- AYE
V/M Bender
- NAY
Mayor Abramowitz
- NAY
Mayor Abramowitz and Council congratulated Mr. Kraft on his
appointment.
10. XQTION TO ADOPT Temfl_ Ord. #1591 On first reading to
amend Section 6-147 of the Code by increasing the threshold
amount for competitive bidding from $2,000.00 to $10,000.00
to comply with the Charter.
APPROVED on first reading. Public hearing and second reading will
be held on Wednesday, February 26, 1992 at or after 10:00 a.m.
Mr. Ruf read Temp. Ord. #1591 by title.
C/M Katz MOVED to APPROVE Temp. Ord. #1591, SECONDED by
C/M Schumann.
Mr. Kelly said these items are self-explanatory and are to change
the Code to comply with the Charter.
VOTE: ALL VOTED AYE
City Council Regular Meeting
2/12/92/KJ
Page 17
11. MQTIQH TO ADOPT Tgjgp_ Ord_ #1592 on first reading to
amend Section 6-150 of the Code by deleting from "Open Market
Procedure" language regarding purchases between $2,001.00 and
$5,000.00 to comply with the Charter.
SYNOPSIS _QZ ACTION*
APPROVED on first reading. Public hearing and second reading will
be held on Wednesday, February 26, 1992 at or after 10:00 a.m.
Mr. Ruf read Temp. Ord. #1592 by title. ,
C/M Katz MOVED to APPROVE Temp. Ord. #1592, SECONDED by
C/M Schumann.
VOTE:
ALL VOTED AYE
12. on first reading to
amend Section 6-151 of the Code by providing that one (1)
source purchases in excess of $10,000.00 require a formal
written contract approved by the City Council to comply with
the Charter.
SYNOPSIS OF _ACTION*
APPROVED on first reading. Public hearing and second reading will
be held on Wednesday, February 26, 1992 at or after 10:00 a.m.
Mr. Ruf read Temp. Ord. #1593 by title.
C/M Katz MOVED to APPROVE Temp. Ord. #1593, SECONDED by
C/M Schumann.
kLilo o_�6
ALL VOTED AYE
13 • MOTIQN -T.0 ADOPT Temp_ Ord. #1594 on first reading to
amend Section 6--156 of the Code by providing that the City
Manager may authorize change orders in contracts not in
excess of $10,000.00 to comply with the Charter.
SYNOPSIS- QF ACTION:
APPROVED on first reading. Public hearing and second reading will
be held on Wednesday, February 26, 1992 at or after 10:00 a.m.
Mr. Ruf read Temp. Ord. #1594 by title.
C/M Katz asked if this is a new item that was not on Referendum.
He said he takes exception to change orders and Mr. Ruf said this
is first reading and is one of the provisions of the Finance
Article, Division 5, where the change orders were restricted to
$2,000, and in keeping with the philosophy of the earlier changes,
it was simply changed for Council's consideration.
Mr. Ruf said this has not been pre -approved by Charter Referendum
and is not referred to in the Referendum.
C/M Schumann MOVED to APPROVE Temp. Ord. #1594, SECONDED by
V/M Bender.
VOTE: ALL VOTED AYE
City Council Regular Meeting
2/12/92/KJ
Page 18
14. on first reading to
create a Section 16--228(f) of the Code to provide a cost of
living adjustment benefit for pension participants receiving
a normal retirement benefit.
APPROVED on first reading. Public hearing and second reading will
be held on Wednesday, February 26, 1992 at or after 10:00 a.m.
Mr. Ruf read Temp. Ord. #1595 by title.
C/M Schumann MOVED to APPROVE Temp. Ord. #1595, SECONDED by
V/M Bender.
Peter Mack, Personnel Director, said this is a no cost item and
the award would be based strictly on whether or not there was an
actuarial gain and would be a once a year arrangement. He said it
would be awarded to normal pensioners, not those on disability. He
said if there is no profit, there is no award and is limited not
to exceed 2% per year.
VOTE:
ALL VOTED AYE
17. MOTION TO APPROVE confirmation of the engagement of the
Law firm of Johnson, Anselmo, Murdoch, Burke, and George as
attorneys for the City in the litigation of Glasser versus
the City of Tamarac, H. Larry Bender & Jane Carroll,
Supervisor of Elections, Case No. 92-03143.
Agendized by Consent on Page 1.
APPROVED
V/M Bender MOVED to APPROVE Item 17, Mayor Abramowitz handed
the gavel to C/M Katz and SECONDED the Motion.
C/M Katz said he had already mentioned what his objections were
and was not going to reiterate them.
C/W Glasser asked City Attorney Ruf if he saw a conflict for her
voting, V/M Bender voting or Mayor Abramowitz voting and City
Attorney Ruf said he saw no conflict.
C/M Katz asked if this is specifically to defend the City and
City Attorney Ruf said this is specifically to defend the City.
C/M Schumann asked why the City is being enjoined in this and
City Attorney Ruf said the City has not yet been enjoined and no
hearing date has been set at this time.
City Attorney Ruf said the thrust of the litigation is to enjoin
Jane Carroll from having V/M Bender's name on the ballot.
C/M Schumann asked why the City is a party defendant and City
Attorney Ruf said the City has been made a party defendant by
the plaintiff.
C/M Schumann asked what the cause of action is against the City
and City Attorney said the cause of action is to have the
Charter provision, which is a portion of Section 4.02 stricken
as being unconstitutional.
VOTE: V/M Bender - AYE
C/M Katz - AYE
C/M Schumann - AYE
C/W Glasser- Conflict of interest, abstained from voting
Mayor Abramowitz - AYE
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City Council Regular Meeting
2/12/92/KJ
Page 19
18. MQZZQN TO APPROVE that the City of Tamarac provide
H. Larry Bender with a legal defense, due to being named as a
personal defendant in the litigation of Glasser versus the
City of Tamarac, H. Larry'Bender & Jane Carroll, Supervisor
of Elections, Case No. 92-03143.
SXNQPSIS OF ACTION:
Agendized by Consent on Page 2.
APPROVED
V/M Bender MOVED to APPROVE Item 18, Mayor Abramowitz handed the
gavel to C/M Katz and SECONDED the Motion.
C/M Schumann said he understands Charter Section 4.02 to limit the
terms of elected officials in the City. He said this was placed in
the Charter in the mid 180s by the electorate as a result of a
Referendum. He said the Charter presently authorizes the actions
taken by Mr. Bender and Mr. Abramowitz and, unless and until the
wording of this Charter is changed or overturned by the judiciary,
the wording of the Charter is paramount. He said this is strictly
his opinion.
VOTE: C/M Katz - NAY
C/M Schumann - AYE
C/w Glaa=er- Conflict of interest, abstained from voting
V/M Bender - AYE
Mayor Abramowitz - AYE
19. MOT129 TO _APPROVE that the City of Tamarac provide Norman
Abramowitz with a legal defense, if he is made a defendant or
if he must intervene to protect his rights for election, in
the litigation of Glasser versus the City of Tamarac,
H. Larry Bender & Jane Carroll, Supervisor of Elections,
Case No. 92-03143.
SYNOPSIS OF ACTTON&I
Agendized by Consent on Page 2.
APPROVED
V/M Bender MOVED to APPROVE Item 19, Mayor Abramowitz handed the
gavel to C/M Katz and SECONDED the Motion.
VOTE:
C/N Glasser- Conflict of
15. City Council
C/M Schumann - No report.
C/M Katz - No report.
interest, abstained from voting
V/M Bender - AYE
C/M Katz - NAY
C/M Schumann - AYE
Mayor Abramowitz - AYE
C/W Glasser requested that Mr. Kraft, once he comes aboard,
research the cable franchise to see if there is any violation and
Mr. Kraft agreed.
V/M Bender said he spent many months researching the franchise
agreements and requested that Mar. Kraft meet with him to review
what he has found and Mr. Kraft agreed.
Mayor Abramowitz expressed his appreciation to Mr. Ruf for his
work and wished him the best of luck in the future.
City Council Regular Meeting
2/12/92/KJ
Page 20
Mayor Abramowitz requested that the residents present from Section
21 remain after the meeting for a few minutes.
16. City MAn S=
Mr. Kelly said on Friday morning, February 14, 1992, the
dedication at Tamarac Elementary will be held for the Outdoor
Learning Center.
Mr. Kelly requested that C/W Glasser obtain the necessary Conflict
of Interest forms from the City Clerk office.
Mr. Kelly expressed his appreciation to Mr. Ruf for his many years
of service to the City.
With no further business, Mayor Abramowitz ADJOURNED this meeting
at 9:35 p.m.
_ IRMAN ABRAMOWITZ
r
MAYOR
CAROL A. EVANS
CITY CLERK
CITY OF TAMARAC
APPR ED AT MEETING OF 9�
City Clerk
L
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAM17 FIRS I NAME MIDDI I= NAME NAME OF BOARD, COUNCIL, COMMISSION. AUl HORITY. OR COMMITTEE
GLASSER DIANE Tamarac City Council.
MAILING ADDRESS THE BOARD. COUNCIL_ COMMISSION. AUTHORITY OR COMMITTEE ON
9507 N.W. 72 Court WHICH I SERVE IS A VNITOF:
h CITY C COUNTY O OTHER LOCAL AGENCY
CI 1'Y COUNTY
NAME OF POLITICAL. SUBDIVISION:
Tamarac Broward Tamarac
DATE ON WHICH VOTE OCCURRED
/1�/9Z MY POSITION IS:
R ELECTIVE O APPOINTIVE
WHO MUST FILE FORM 811
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board,
council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented
with a voting conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112-3143, FLORIDA STATUTES
ELECTED OFFICERS:
A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures
to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special
gain of a principal (other than a government agency) by whom he is retained.
In either case, you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
A person holding appointive county, municipal, or other local. public office MUST ABSTAIN from voting on a measure which
inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the
special gain of a principal (other than a government agency) by whom he is retained.
A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether
made by the officer or at his direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BE TAKEN:
* You should complete and file this form (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
• A copy of the form should be provided immediately to the other members of the agency.
• The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest.
CIE FORM MB - 1-91 PAGE 1
7
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
+ You should disclose orally the nature of your conflict in the measure before participating.
• You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes
of the meeting, who should incorporate the form in the minutes.
DIANE GLASSER
1,
DISCLOSURE OF LOCAL OFFICER'S INTEREST
, hereby disclose that on
February 12
(a) A measure came or will come before my agency which (check one) `
X inured to my special private gain; or
92
,19
inured to the special gain of
by whom I am retained.
(b) The measure before my agency and the nature of my interest in the measure is as follows:
I am the plaintiff in Glasser vs. citV of Tamarac et al. On
February 12, 1992 the following matters were brought before
the City Council of the City of Tamarac.
17. MOTION TO APPROVE confirmation of the engagement of the
Law firm of Johnson, Anselmo, Murdoch, Burke, and George as
attorneys for the City in the litigation of Glasser versus
the City of Tamarac, H. Larry Bender and Jane Carroll, Super-
visor of Elections, Case No. 92-03143.
18. MOTION TO APPROVE that the City of Tamarac provide H.
Larry Bender with a legal defense, due to being named as a
personal defendant in the litigation of Glasser versus the
City of Tamarac, H. Larry Bender and Jane Carroll, Supervisor.
of Elections, Case No. 92-03143.
19. MOTION TO APPROVE that the City of Tamarac provide Norman
Abramowitz with a legal defense, if he is made a defendant or
if he must intervene to protect his rights for election, in
the litigation of Glasser versus the City of Tamarac, H. Larry
Bender and Jane Carroll, Supervisor of Elections, Case No.
92-03143.
I have not voted either to agendize these motions
motion themselves because I believe that to vote
related to the lawsuit would inure to my special
Date Filed Signature
or on the
on measures
private gain.
r
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,0M.
PAGE 2
CE FORM KB - 1,91
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