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Home My WebLink About1990-07-11 - City Commission Regular Meeting MinutesLl CITY OF TAMARAC REGULAR CITY COUNCIL MEETING WEDNESDAY, JULY 11, 1990 GLL TO QXM: Mayor Abramowitz called this meeting to order on Wednesday, July 11, 1990 at 7:00 P.M. in the Council Chambers. MEbTIPATTON AND PLEDGE OFF ALLEGIANCE: Mayor Abramowitz called for the Pledge of Allegiance followed by Moment of Silent Meditation. PRESENT: Mayor Norman Abramowitz Vice Mayor Bruce Hoffman Councilman Dr. Larry Bender Councilman Henry Rohr AEgENT...xwn ExcusED: Councilman Henry Schumann John P. Kelly, City Manager Alan F. Ruf, City Attorney Carol A. Evans, City Clerk Pauline Walaszek, Secretary .CitV U k 1. a. MOTIQU TO APPROVE, the minutes of the following City Council meetings: 1) 5/23/90 - Regular Meeting 2) 6/01/90 - Special Meeting APPROVED. b. MOTION ,TO, ,,,N=T...JjkM2-..,..Rose- 05949 releasing a cash bond in the amount of $750.00 posted by Cherokee Group, Inc., to guarantee installation of a landscaping buffer at the AWCO OIL SERVICE STATION at 8291 N. University Drive (900524). j =QP5IS OF ACTION: RESOLUTION R--90-175 - PASSED APPROVED. PAGE 1 7/11/90-pw EngineeriAgjutAlkties c. *QTTON TQ__MPRQYZ a Water and Sewer Developers Agreement for NORTHWOOD II (SPRINGLAKM VILLAS), Revision 1 (Phase 3). SXjQI>SIS Q)r, ACIJON: APPROVED. 1 d. 1) KQTION '1O JLPQP!r- TOEW,r 4pmq.,, _#5839 accepting a bill of sale for the water distribution and sewage collection system improvements at the CLASSIO COMMERCIAL VILLAS project. 2) MpTION TQ ADOPT TwmV_W Reno. #�PJQ releasing performance Letter of Credit #87293 in the amount of $40,160.00 posted for public improvements at the CLASSIC COMMERCIAL VILLAS project subject to receipt of a one-year warranty bond in the, amount of $16,072.00. SYNOBSIS QF-ACTION; RESOLUTION R-90-176 - PASSED APPROVED d.1. and d.2. RESOLUTION R-90-177 - PASSED e . XPT=OI,� TO AnOV-C Ter4p * Aftso - #!kAJ$$ approving assignment of one (1) ERC from Estate Home Builders, Inc., to Jerome and Susan Laufer for Lot 10 of WOODMONT TRACT 70. SYNQP,SIS OF ACTION: RESOLUTION R-90-178 - PASSED APPROVED. f . VOTXQP -TO AROPT Tegp - Reap- #5941 approving assignment of the Water and Sewer Developer's Agreement for COLONY COVE from FL Homes, Inc., to British Colonial Resort Villas Associates, Ltd, SYNQSIS OF Ar_TIO�a RESOLUTION R-90-179 - PASSED APPROVED. General A0jn1nigtTatige a g. MOTXON TO ADOPT' �e�� A �Anc �j 51 authorizing the appropriate City officials to execute an Amendmen$ito the Agreement with the Florida Department of Natural Resources for the TAMARAC MULTI -PURPOSE CENTER to extend the project completion date from) 9/30/90 to 12/31/90. $Xj_0PST$ OF ACTION: RESOLUTION R-90-180 ]PASSED APPROVED. 1 PAGE 2 7/11/90-pw 1 Pi h. MOTION TO APPROVE the purchase of a 1991 fleet vehicle at a price negotiated off state bid and the appropriate budget transfer from Public Works Regular Salaries Account 503-703-591-120 to Public Works Vehicles Account 503-703-591-640 to fund this vehicle. * V/M Hoffman MOVED to APPROVE Consent Agenda a. through * h., SECONDED by C/M Rohr. 2. NOTION 10 AMPT _Tmn_ Reso_ #5931 approving a revised site plan reflecting addition of a car wash and relocation of the dumpster enclosure, storage/restroom building and parking spaces and AZP9 = N2 a Water and Sewer Developers Agreement for SHELL SERVICE STATION, 7000 N. University Drive (northeast corner of McNab Road and University Drive) (tabled on 6/27/90). U'i►%1g3��ii[i it RESOLUTION R-90-181 - PASSED City Attorney Ruf read XAM- Reno_ 05931 by title. * C/M Rohr MOVED to APPROVE ISM2, Rego_ #5831l SECONDED by * V/M Hoffman. City Manager Kelly said he would like to inform the audience that Giovanni's Restaurant was opened and it has been very busy; however, the food was good and he suggested the residents go there. City Manager Kelly thanked the City Clerk and her staff for all the work they did in trying to put the agendas together. He said this was difficult because there are items that should be included at the last minute. He said the City Clerk's Office did a good job in getting the agendas to the staff and City Council. City Manager Kelly said this Item was a revised site plan for .63 acres at the existing Shell Service Station located at the northeast corner of McNab Road and University Drive. He said the application proposed to amend the existing site plan to include a car wash and to relocate the dumpster enclosure, storage/restroom building and the parking spaces. City Manager Kelly said the Tamarac Land Use Plan designated the property as commercial and was zoned B-3 (General Business). He said the Plan was reviewed by the Staff Review Committee and the revised site plan was highly recommended because they satisfied PAGE 3 7/11/90-pw all current requirements and incorporated Xeri-Scape p He said the signs On the property would conform to the Ordinance and the revisions were reviewed by the P1ann Commission; however, there was a recommendation by the. the ingress/egress to the carwash. He said this could done; however, all the fees were submitted and he reco approval. 3. awarding Bi #90-13 in the amount of $10,013.66 to General Electric Supply, Inc., for the purchase of spar electrical parts for the Water Treatment Plant. SYNOPSIS ^OF „ACTION APPROVED. RESOLUTION R-90-182 City Attorney Ruf read Temb_ Rase_ 85845 by title. * V/M Hoffman N0VRD to APPROVE TAM _ Reno _, , ,#5845, * by C/M Rohr. i als . new ign ngd t everse not e Bob Foy, Director of Utilities/Engineering, said this eq was to authorize the purchase of electrical spare part i the amount of $10,013.66 from the low bidder, General Electric Supply, Inc., for the wastewater treatment pl nt Mr. Foy said the bid met all of the Code and staff requirements and the parts were needed to insure that would be a continuous supply of potable water. He recommended the approval of the purchase. C/M Rohr asked if the funds were from the CIAC Funds alld Foy replied, no; however, the parts would be purchased f the funds in the Operating Fund. 4. awarding Bid #90-19 in the amount of $35, 925.00 to Man Con install drainage pipe for TUN Project 89-37, Southgate Boulevard (Nob Hill Road West) Storm Water Drainage Retention Area. ,SYNQ STS OF ACTION. RESOLUTION R-90-183 1 3 APPROVED. City Attorney Ruf read Temp_ Rang— 85847 by title. * C/M Rohr MOVED to APPROVE TES_ Rwso__ �847, SE * C/M Bender. Bob Foy, Director of Utilities/Engineering, said this eq was for additional storm water retention in the amount of $35,925.00 from Man Con Inc. He said all new develope s required to provide 5% of their existing site in a for o retention. He said the Code provided that if this could be done, the City could sell it to them. PAGE 4 7/11/90-pw SED I 1 11 Mr. Foy said the City's existing stock of retention areas was almost nothing and he recommended approval of this Item because it would provide approximately 1 acre of additional retention. Mayor Abramowitz said without retention, the City could not operate appropriately. C/M Rohr asked if this project would be funded by CIAC Funds and Mr. Foy said there was $22,000.00 available from the Drainage Retention Impact Fee Account and the balance was transferred out of the General Revenue of the City to make up the difference. V/M Hoffman said the backup indicated $990933.00 and Mayor Abramowitz said this bid was not accepted. Mayor Abramowitz said the bid in the amount of $35,925.00 was being recommended. Mr. Foy said there were several bids on this Item; however, the lowest bid was being recommended. VOTE: VOTE 5. KQ'JQK 3O ADOP 5949 awarding Bid #90-20 in the amount of $2,980.00 to Lumidor Safety Products for the purchase of two (2) personal protective gas detectors with chargers. SYNnp S I s„_DE.. A�CT,T.ML APPROVED.. RESOLUTION R-90-284 - PASSED City Attorney Ruf read by title. * C/M Bender MOVED to APPROVE, Ton- Rang, 95846, SECONDED * by C/M Rohr. Bob Foy, Director of Utilities/Engineering, said this was a request to purchase two gas detectors in the amount of $2,980.00 from the lowest bidder, Lumidor Safety Products. He said all the Code and staff requirements were met and he recommended approval because the gas detectors were needed to insure that the people in the Wastewater Department in the Utilities/Engineering plant did not work in an enclosure that may have sewer gas. 6. a. MOTION TO REcOMxlz$ the sale of the former Public Works site ascertaining that all provisions in the contract have been satisfied and that certain contingent matters have been addressed. b, NOTION Te RXCQ2N= the remaining proceeds on deposit of the sale of the former Public Works site in the amount of $11891,227.00 as revenues of the General Fund. PAGE 5 7/11/90-pw c. MPTTON To,APTHORTAI the appropriate transfers required for the funding of the new PUBLIC SERViCa ADMINISTRATION COMPLEX as follows: 1. Transfer of the proceeds of the sale of the former Public works Building from the General Fund in thle amount of $1,891,227.00 to the PUBLIC SERVICE ADMINISTRATION COMPLEX Construction Fund. 2. A transfer from the Utilities West Construction Fhnd Account in the amount of $442,000.00 to the Public Service AO-inistration Complex Fund Account. 3. A transfer to establish project accounts for the PUBLIC SERVICE ADMINISTRATION COMPLEX in the amount of $2,333,227.00. d. MgTX6N wT0 _►D0PT Tmgp_ 1�gRA_ #3949 awarding Bid #40-17 in the amount of $2,127.900.00 for the construction of the new PUBLIC SERVICE ADMINISTRATION COMPLEX toi Caldwell -McKnight Construction Company, Inc. UNOPST,S OF ArT,10N: RESOLUTION R-90-185 - PASSED RZCOGNIZZD 6.a. and 6.b. AUTHORIZED 6.c. and APPROVED 6.d. * 6. a. C/M Rohr MOVZD to RSCOGNIZZ Item 6.a., SZCONDE * V/M Hoffman. City Manager Kelly said Item 6. a. through d., pertained to the same issue. He said the City was trying to award a bid to construct the Public Service Administration Complex on Nob Hill Road in Land Section 7. He said the funding for this had to be established and the first step taken was to sell the previous Public Works property; however, it was hard to begin the project until the property was evacuated by the City. City Manager Kelly said Item 6. a., was a request for the recognition by the City Council that all the provisions io the contract were satisfied and certain contingent matters were addressed. He said the word "resolved" was used because the City was still in the process of cleaning the site. City Manager Kelly said six tanks were removed from the site; however, two of the tanks were still tanks that containedin.o problems and one tank of the remaining four may have had pin holes. He said it was felt that this would not create a problem and there would be a minimal cost but would cover the contingency. He said in order to cover this contingency, a transfer of approximately $100,000.00 was required, which was included in a subsequent Motion. City Manager Kelly said the funds may not be needed and, if so, they would be returned to the Utilities Account. He' said the City Council would be allowing the sale of the Public Works property site. PAGE 6 7/11/90-pw 1 1 1 1 1 Mayor Abramowitz said there was a good possibility that whatever funds were spent on the clean up of the site would be given back to the City in the form of a grant and City Manager Kelly agreed. * 6. b. V/M Hoffman UOVZD to RZCOGNIZZ this Item, SZCONDZD * C/M Rohr. City Manager Kelly said this was a request to recognize that the amount of money available was $1,891,000.00; however, the Public Works Department has been utilizing the site and rent had to be paid to the buyer of the property. He said the rental was a payment of the interest the person had in the loan he received to purchase the land. City Manager Kelly said this Item was an indication that the funds would be available and, when the Public Works Department was moved off the site after the environmental study was completed, the City could stop paying the monthly rent on the property. City Manager Kelly said as soon as the City vacated the property, Chevron, Inc., would begin their project on the property- Mayor Abramowitz said the funds have been in an interest bearing account and the interest was being used to pay the rent. He said the City was very anxious to get off the property because the money would be free. Joseph Schreiber, Resident, asked if there was any bond indentures on the site and City Manager Kelly replied, no. * 6. c. 1. V/M Hoffman MOVZD to APPROVS this Item, * SZCONDZD by C/M Rohr. City Manager Kelly said the monies identified in the previous Item were now being transferred to the Public Service Administration Complex Construction Fund. Mayor Abramowitz asked if there was a separate Line Item for the construction of the Public Service Administration Complex and City Manager Kelly replied, yes; however, the bulk of the money was from the sale of the Public Works site. * 6. c. 2. V/M Hoffman MOVZD to APPROVZ this Item, * 8ZCONDZD by C/M Bender. PAGE 7 7/11/90-pw City Manager Kelly said $100,000.00 was the contingent he discussed previously. He said in order to provide y first Item, there had to be sufficient monies to do the said the balance of the funds were needed to complete 1 project and the Public Works and Utilities/Engineering Departments were providing these funds. 6. c. 3. V/M Hoffman XOVZD to APPROVE this Item, SECONDZD by C/M Bender. City Manager Kelly said the amount on the Agenda shoul $2,333,227.00 to reflect the difference of Items 6.c.1 6.c.2. He said 1.8 million was transferred first and $442,000.00 was transferred second; therefore, the two together equalled $2,333,227.00. City Manager Kelly said this cost may include things s a structural engineer, architect services, contingent telephones and some of the furnishings. He said the i. low bid amount was $2,187,000.00; however, this matter negotiated with the bidder and there were certain thin could be subtracted and added to the project. He said City staff reviewed the bids and decided to subtract s items so the cost would not be as high. He said when was done, there were soft costs for an architect to ch the plans around. City Manager Kelly said the total cost of the project be $2,333,227.00 and Mayor Abramowitz said the propos complex was scaled down dramatically. Mayor Abramowitz said there was approximately 7.5 acre retained to sell at a high price in the future, if the agreement would benefit the City. Mayor Abramowitz complimented staff for doing such a g on this project and noted there was a lot of money bei saved on this project because staff was doing a lot of City Attorney Ruf read by title. 6. d. V/M Hoffman XOVZD to APPROV3 SZCONDZD by C/M Rohr. City Manager Kelly said this Item was a result of the previous 5 Motions. He said the Resolution was allowin staff to award the contract and he was pleased with the architect and Construction Management Services, Inc., w worked diligently in order to secure the best companies bid. He said staff was pleased to recommend to the Cit Council that a bid be awarded in the amount of $2,127,9 to Caldwell -McKnight Construction Company, Inc. Mayor Abramowitz wished staff the same luck they had wi- City Hall Complex/Police Facility and Multi -Purpose Cen- projects. PAGE 8 7/11/90--pw or S. 1 1 u 1 1 7. awarding Bid #90-18 in the amount of $2, 854.00 to Zlectro- Numeriea, Ine., for the purchase of a raceclock and printer. RESOLUTION R-90-186 - PASSED APPROVED. City Attorney Ruf read X - RaaQ.., &43 by title. * C/M Bender MOVED to APPROVE SECONDED * by C/M Rohr. Mike Couzzo, Assistant City Manager/Director of Public Works/Parks and Recreation Departments, said this was a request to purchase a raceclock and printer, which was rented in the past. C/M Rohr asked how much this equipment would cost and Mr. Couzzo replied, $2,854.00. Mayor Abramowitz asked the City Manager to see that the costs for items in the future be provided to the City Council in their backup and on the Agenda. City Manager Kelly said the reason the cost was not indicated was because the bids were opened on Tuesday, July 10, 1990. 8. awarding Bid #90-12 in the amount of $9,432.00 to Miracle Recreation Equipment Co.,, C/O Ned Noland & Associates, Inc., for playground multi -level activity center configuration with installation. RESOLUTION R-90-187 - PASSED APPROVED. City Attorney Ruf read TA=_ g,EEQ,. S5853 by title. * C/M Bender MOVED to APPROVE Tea,— Reno-, f58531 SECONDED * by C/M Rohr. Mike Couzzo, Assistant City Manager/Director of Public Works/Parks and Recreation Departments, said this request was for playground equipment at Tamarac Park, which would be jointly used by the residents of the community and the students of Tamarac Elementary School. He said he felt this was the safest playground equipment and the Parks and Recreation Advisory Board approved of the equipment. Mayor Abramowitz asked if staff felt the equipment was safe and Mr. Couzzo replied, yes. G=�•by � PAGE 9 7/11/90-pw 11. PVBLTC XZAARiNG.,, _J=I4R Te__APPROVX-_transmittal the amended Comprehensive Plan to the Florida Depa of Community Affairs. Public Hearing was hold. APPROVED. * V/M Hoffman W0VSD to APPROW this Item, SECONDED by * C/M Rohr. of 11 City Manager Kelly said the Department of Community Af ai reviewed the City's Comprehensive Plan and there were approximately 12 pages of amendments, which were stipu at and agreed upon by staff and a Stipulated Settlement b tw the. City and the Department of Community Affairs would be provided. City Manager Kelly said the amendments were previously approved by the City Council on May 23, 1990, and the Planning Commission reviewed the Comprehensive Plan amendments and recommended approval. City Manager Kelly said after the City submitted the amendments to the Florida Department of Community Affa rs they would have 90 days to review it, make comments an resubmit it to the City. He said future changes were rot expected because everything being submitted was agreed up by a Stipulated Settlement. City Manager Kelly said when the City received the Plar f the State, they would have 60 days to respond and adopt t Comprehensive Plan. He said the action by the City Coinc this evening was a formality; however, City Council ap ro was needed before the Plan could be submitted to the S at Mayor Abramowitz said a lot of the work being done by he City Council during the year was mandatory and recentl implemented by the State. He said if the Comprehensiv P was not passed by the State, the City was subject to v ry severe fines and possible loss of State and County Fun s. Mayor Abramowitz said the City of Pembroke Park was fii $85,000.00 for not having their Comprehensive Plan in conformance. He said the Community Development Departx did a great job in getting the Comprehensive Plan into compliance with the State requirements. He said the Community Development Department should be congratulat4 doing such a great job and City Manager Kelly agreed. Mayor Abramowitz opened the public hearing. PAGE 10 7/11/90-pw 1 1 1 Melanie Reynolds, Resident, said the Comprehensive Plan was supposed to be considered after public input; however, the public was not informed that they could provide input for the Comprehensive Plan. She said the public was not being informed when hearings were to be held on certain items as per the City and State Codes. She said she felt it was an injustice to the public because they were not aware of what the City was referring to. She said she read the Comprehensive Plan and she found many things that were very questionable; however, she never had the opportunity to speak about them. Mayor Abramowitz closed the public hearing with no further response. 12. - on second reading to place an amendment to Section 4.02 of the Charter on the September 4, 1990 ballot pertaining to terms of office for Councilmembers. SYNOPSIS OF ACTION: ORDINANCE 0-90-25 - PASSED Public Hearing was held. APPROVED on second and final reading. City Attorney Ruf read I d,., 42,425 by title. * V/M Hoffman MOVED to APPROVE Tom_ Ord_ #1495, on second * and final reading, SECONDED by C/M Rohr. Mayor Abramowitz opened the public hearing. Joseph Schreiber, Resident of Clairmont/Kings Point, asked why there was a rush to get these amendments placed on the September 4, 1990 Ballot. He said these amendments were very important and affected all of the residents and he felt that it would be in everybody's best interest to place these amendments on the November, 1990 Ballot. He said he understood that the residents could request Absentee Ballots; however, everyone would not request them. Morton Lutzker, Resident of Clairmont/Kings Point, said he was Counsel to the House of Representatives in the Commonwealth of Pennsylvania. He said people were elected to serve two year terms; however, this was a problem because no one was born to automatically be a Mayor or City Councilmember. He said it took a person elected to serve as a Mayor or Councilmember approximately 6 months to understand the purpose of the elected positions. Mr. Lutzker said there was a 6 month learning period and approximately 18 months to serve in the seat and then, the person had to run for reelection. He said he felt that three year terms were appropriate and this would provide the residents and City staff with more knowledgeable legislators. PAGE 11 7/11/90-pw Abe Garr, President of Kings Point Civic Association, ai did not feel that this should become a political footb 11 He said he did not feel that this was the purpose or i to of the amendments and he agreed with Mr. Lutzker's co en Mr. Garr said there was a need for new office holders o learn their purpose and there should be more time giver t the office holders for future purposes. He said the i ea political opposition regarding when the amendments sho ld presented to the residents was ridiculous. He said th people that wanted to vote but were out of town knew h w get an Absentee Ballot. He said the political opposit on were not based upon the factual things that were occur in with the amendments. He said the political opposition w from opponents of the Mayor. He said if the Mayor and Ci Council felt that these amendments were to be placed o t November, 1990 Ballot, there would be opposition to pl ce amendments on the September 4, 1990 Ballot. Mr. Garr said the people elected the existing Council ga and this was done by a segment of the City's populatio . said the amendments being placed on the September 4, 1 90 was like having a straw -poll. He said the majority of th residents in the City would be voting on the amendment . Mr. Garr said the Tamarac Presidents Council was one o t most influential bodies in the City and they met, discuss this matter and the people opposing the Mayor and City Council agreed to the terms of office being three years. Anthony Grimaldi, Resident of Sunflower/Heathgate, said h did not want to appeal to the City Council because he el that their minds were made up. He said the residents ho understand that there were voters which were not recog iz in this election. He said the September 41 1990 Elect on not a regular election because it was for primary elec io He said primary elections dealt with the Democrats and Republican parties. Mr. Grimaldi said there were Judges running during the September 4, 1990 Election; however, this was not impo t to the people because the Judges did not run the Citie Governments. He said there were several voters who we e notified about the elections because they were not sol c by the Democratic or Republican candidates. He said the would be denying the residents out of town the rights th had. z8g&„Z Mr. Grimaldi said Mayor Abramowitz, C/M Bender and C/M Schumann were elected in March, 1990 by bringing 10,00 people to support them; however, this did not give the right to take the vote away from them in November, 199 . said he would make sure that those residents remembere in the future. He said he did not feel that the Tamar c Presidents Council did a good job. C/M Rohr said any election concerning the City is a no - partison election. He said anyone who wanted to vote n election for the Referendum proposed could do so; then f the argument regarding disenfranchising someone was no PAGE 12 7/11/90-pw s ►91 1 1 1 accurate. He said there were approximately 29,000 registered voters in the City and, in the last election in March, 1990, there were approximately 14,000 votes; therefore, he did not feel that the argument regarding the out of town voters was valid. Herb Hayes, Resident at 6007 NW 93 Avenue and President of the Tamarac Presidents Council, said Tamarac Presidents Council studied the amendments and the Advisory Board results were given to the Board; however, the final decision regarding the recommendations would be made next week. He said although there was a feeling that the amendments would be approved, he could not state that this was true. Mr. Hayes said at the last City Council meeting, he thought Mr. Grimaldi brought up a good point; however, after discussing this matter with the City Manager, he was informed that everyone would be requested to vote in this election because it was a County -wide election and not a specific election for the Judges. Mr. Hayes said he did not normally ask the City Council questions during a City Council meeting or represent the Tamarac Presidents Council without discussing things with the Board first. He said he did have a question which could be addressed by the City Council or City Attorney. Mr. Hayes said the amendments did indicate that the amendment would be effective upon the certification of the vote. He asked if this would be effective upon submission to the State for approval of the outcome of the election since it was a change in the Charter. City Attorney Ruf said there was a change in the State Statutes concerning the effective date of Charter questions. He said the effective date as per the State Statute was the date set forth in the Ordinance and, if the Charter amendments were approved by the voters, the amendments were mailed to the Secretary of State as a formality. He said; however, the effective date by Statute was set forth in the Ordinance. Zeke Feldman, Section 10, said he has been a resident for 20 years and he wanted to inform the voters what was actually occurring with the Charter amendments. He said the voters were being asked to vote on the proposed Charter amendments and they should know the true facts before doing so. Mr. Feldman said the amendments were supposed to be delivered to the Charter Board so they could view the amendments and give the City Council their opinions before they were provided to the residents. He said this was never done and he felt that the City Council tried to railroad the amendments past everyone. He said it was also factual that the City Council and Mayor made an agreement with the Charter Board to have peace and the Charter Board was willing to assist in having peace; however, this was another camouflage. Mr. Feldman said the City Council and Charter Board met this morning and the meeting was to reconcile any differences between them. He said he asked Mayor Abramowitz what their recommendations were for reconciliation of the matter and PAGE 13 7/11/90-pw Mayor Abramowitz laughed at this question. He said Mayor Abramowitz was making a joke at this matter; however, he did not find this a joke. Mayor Abramowitz said this was not true. Mr. Feldman said there was a letter written by Mayor Abramowitz indicating that he wanted the City Council and Charter Board to reconcile their differences; however, Mayor Abramowitz made up his mind that the amendments were not going to be changed. Mr. Feldman said the Charter Board was opposing the amendments because of the error in them. He said the City Council indicated that no changes could be made to the Ordinances because of an opinion from the Attorney General's Office which indicated that no substantial changes could be made. Mr. Feldman said the opinion indicated that changes could �oe made; however, the City Council did not want to make the changes because they wanted the amendments to be placed on the September 4, 1990 Ballot. He said he felt the City Council was not changing the amendments for their own selfish interests. He said the voters now knew what they had to do when the went to the polls to vote on these amendments. Dr. Alfred Wald, member of the Charter Board, said he had two letters he would like to read. He said one letter was front him and the other was from the Chairman of the Charter Board, Stan Bernard, who was out of town. Dr. Wald read his letter as follows: "At a Joint Workshop meeting between the City Council; and the Charter Board, the understanding was that 3 terms of three years each may be acceptable to both parties. There was supposed to be another Workshop meeting between the City Council and Charter Board to finalize the understanding. For the people's information, the Charter Board agreed to 3 terms of three years each. The Mayor and the Charted Hoard Chairman met and decided that there was sufficient agreement and another meeting was not necessary. The Mayor suggested that the City Attorney draft the Ordinances to save the City money and the Charter Board Chairman agreed. He ' said the Charter Board Chairman was informed that he would see the Ordinances before they were presented to the City Council so they could be examined in case changes were necessary. The Mayor knew what was in the Ordinances because he had instructed the City Attorney as to what to include in the Ordinances. He said the original workshop meeting was held on May 24, 1990, yet it took them to June 27, 1990, a month later, the morning of the City Council meeting for the Charter Board Chairman to receive copies of the Ordinances as presented. The Charter Board Chairman had to leave the City Council meeting after 15 minutes for personal reasons and had no time to examine the contents of the Ordinances and the public also had little time to examine the Ordinances. PAGE 14 7/11/90-pw F� The City Council, consisting of the Mayor and two Councilmen, passed the Ordinances on first readings. The Charter Board, in all their deliberations, had come to the conclusion that 3 terms of three years each were sufficient for anyone. A total of 9 years in office. In our Minutes it stated that we understand that an incumbent in office having served 2 terms of two years each could now serve 1 term of three years each, making it a total of 7 years. A person having served only two years could not serve 2 terms of three years each, making it an 8 year period. We never mentioned a person having served four years being able to serve another nine years, making a total of thirteen years in office. The Council and the Mayor regularly received the Minutes of the Charter Board meetings and they knew what was said and what the Charter Board's feelings were. The only people who would benefit from the Ordinance as it was now written were the people who were now in office. The Ordinance was self- serving and benefits the Mayor and the Councilmembers who could now serve an additional nine years to the four years they will have served, making it a total of thirteen years if they were elected. Incidentally, the Charter Board would also benefit by this Ordinance but, we fear that it is not in the best interest of the City and the citizens of Tamarac. The Charter Board met this morning with the Mayor and City Council and discussed changes in the proposed Ordinance. Our Attorney was of the opinion that changes could be made. The Mayor told us he has opinions contrary to that of our Attorney. If significant changes can not be made, why hold a public hearing? In conclusion, I would like to state that the Council had the right to place any amendment or Ordinance they wished or may want to place on the ballot without the Charter Board's endorsement or approval. The Charter Board wanted no part and, did not approve of the Ordinance as it was now written. And, we insist that the Charter Board's name be deleted from sponsorship of the amendments. Thank you." Dr. Wald said he would like to read the letter left by the Chairman of the Charter Board before he left on his vacation. "Mr. Mayor, Councilmen, Officials of the City and Audience: The Charter Board cannot and would not support the proposed amendments of Sections 4.02 and 8.01 of the Charter as they were presently written. It was not and is not our intention to give anyone in office the possibility of serving thirteen consecutive years in any particular office. Had we wished to do so, we would have supported unlimited terms. PAGE 15 7/11/90-pw At our joint workshop meeting on May 24, 1990, therelwas no mention made of allowing anyone in office for four yews to run again 3 times for a total of 13 consecutive years.) Also, in they Council Workshop Minutes of April 23, 2�, 30, 1990 and May 4 and 10, 1990, there was absolutely no mention of prior years being considered; however, review of the Charter Board Workshop Minutes of May 24, 1990 and June 4, 1990, clearly indicated that the Charter Board did take this into consideration using myself, as an example. I said if I were to run again I would be able to run for 1 three year term giving me a total of seven consecutive years. A Charter member also noted that nine years would'bs maximum. Having said this, Mr. Mayor, let me enlighten everyo0e as to how the difference between us came about. Mr. Mayor, you will surely recall that you approached me with the suggestion that we use the City Attorney to draw up the. proposed amendments because in this way, we would save the City the money it would cost if the Charter Board Attorney drew it up. Also, you told me that we would both receive copies prior to them being distributed to the Council and the Charter Board so that we could review the verbiage and correct whatever was deemed necessary. Had this been done, I would have told you immediately that we would not support the amendments as written. Let me remind you that on several occasions I made inquiries cf you about the amendments. I was told by you that they were being worked on up until the Council meeting of June 27, 1990, we still did not receive our copies. Do not forget that they Council took their action that morning, June 27, 1990. That night at the Democratic Club meeting when I was made aware of what the Council had acted on and, since you were there, I immediately told you that I did not think the Charter Board would support the two amendments in question. I also reaffirmed that position in your office the next i morning. I It is my opinion that if the amendments are written as to indicate the maximum succession in office would be nine years and only them will the Charter Board support Sections 4.02 and 8.01. The Charter Board invited the Mayor and City Council to set up a joint meeting as agreed to by both Council and the Charter Board and, at that time, the Charger Board hopes to come to an amicable understanding and agreeing with the problem with the succession. Thank you for your consideration in allowing me to have my comments and criticism to be read into the record. Stand Bernard, Chairman". Muriel Davis, Resident and Charter Board member, said there was a difference in the opinion of the Charter Board and Oily Council. She said the Charter Board members were very wring by not discussing the succession of incumbents at the Joint PAGE 16 7/11/90-pw 1 1 �J Workshop meeting. She said the intent or assumed understanding did not mean anything since it was not reflected in the Minutes, which was unfortunate for the Charter Board; however, she asked City Attorney Ruf if it was possible to change or delete the last sentence and, if so, how could it be done. City Attorney Ruf asked what sentence Mrs. Davis was referring to and Mrs. Davis said the last sentence which referred to the incumbents running to be reelected for 3 full terms. Mrs. Davis asked if it was possible to change or delete the sentence and City Attorney Ruf anything could be deleted and the Ordinance could be denied. He said there were several things that could be done concerning the Ordinance. Mrs. Davis said at this joint meeting this morning between the Charter Board and City Council, the Charter Board was informed that changes could not be made. City Attorney Ruf said he did not believe that the Ordinance could be changed materially without going back to first reading. Mrs. Davis asked what City Attorney Ruf meant by materially and City Attorney Ruf asked Mrs. Davis what question she needed answered because every question was different. Mrs. Davis asked if this matter was discussed or if an agreement was made with the Charter Board Attorney and City Attorney Ruf said no agreement was reached between he or the Charter Board Attorney. Mrs. Davis said the voters should determine if this matter should be approved. Anne Zimmerman, Resident at 8203 NW 73 Terrace, said this issue was very important because several people she knew in the City were out of town and, when she was out of town, she was not interested in what was going on in the City or any place in the County. Mrs. Zimmerman said she asked several people in the City who were registered voters about the Ordinance and they did not know what she was talking about.. She said several years ago the topic came up and it was defeated. She said she obtained a copy of the Tamarac City Code, Article IV, Legislative, which stipulated under Section 4.02, City Council; Election, terms and qualifications and this outlined what was being referred to at this meeting. Mrs. Zimmerman asked where it was stated that deletions or additions could not be added to the Legislation. She said if the City Council was qualified to serve as legislative officials, the people would elect them. She said there were many public officials throughout Broward County who were consistently reelected; however, the purpose of the amendments should not be to put them on the September 4, 1990 Ballot but to wait until most of the residents were present or informed about the election. PAGE 17 7/11/90--pw Mrs. Zimmerman suggested this matter be delayed until the November, 1990 Election or at least inform the voters that were out of town that their vote was important. Edward Klein, Resident of Section 20, said it was apparent that there was a conflict of interest between the Charter Board and the City Council. He said Temporary Ordinances #1495 and #1496 stated, "Whereas, the Charter Board and the City Council have agreed that it would be in the best interest of the citizens of Tamarac that Article VIII, Section 8.01 of the City Charter be amended." Mr. Klein said if the Ordinances went before the voters without change, it would be a fraud and misrepresentation He said he was a licensed attorney in Florida and he feltithe Ordinances were not legitimate and the voters would be challenging the Ordinances in the Courts. Hyman Schulman, Resident of Bermuda Club, said the amount�of years were not important because a person eligible for the legislative seats should be reelected at the will of the people. He said if an office holder was not good for the City, the voters would elect that person out of office. Mr. Schulman said a good man in office should be reelected; therefore, the comments regarding nine and thirteen years!in office were not appropriate. He said if the person served in the best interest of the City, the person should be able to remain in office. He said there were absentee ballots available; therefore, the residents out of town had the opportunity to vote. He said postponing matters that needed. to be changed for the benefit of the City should not be constantly delayed. Florence Bochenek, Resident, said she would be commenting on the comments made by C/M Rohr and the comments regarding the amount of voters in an election. She said the Councilmembers and Charter Board members were elected into office by the entire population; therefore, the percentage was not important. She said everyone had the opportunity to vote and an important issue was being presented to the voters at the September 4, 1990 Election; however, there were several i people out of town that did not have the opportunity to h4va an absentee ballot. r Mrs. Bochenek said she was not stating that placing the amendments on the September 4, 1990 Ballot was wrong or right; however, every resident should have the opportunity to express their opinion as to what they would like. Marvin Seidel, Resident of Kings Point, said the newspaper indicated that the taxes would be raised in Tamarac; however, the residents understood that the elections which ran too often cost more money. He said anyone should be allowed to run if elected by the voters. He said an outside consultant informed the City of her views and proposals, which were available to the public for several months. He said nothing was kept a secret and the residents were able to review this information. PAGE 18 7/11/90-pw 1 Mr. Seidel said there were several people who did not vote at the last election and these people were in town. Bernie Hart, Resident, said he has been a resident of the City for 15 years. Mayor Abramowitz said Mr. Hart was also the former Mayor of the City. Mr. Hart said he was informed by a member of the City Council that he was opposed to everything the City Council proposed; however, this was not correct. He said there were 6 things proposed for the upcoming ballot and he was opposed 2 proposals. He said he opposed the proposed terms of office for the City Council and Charter Hoard because there were several people who were new residents and there were members on the City Council that may have been in the City for a long time but were unaware of what was occurring in the City because they did not participate with the City. Mr. Hart said the Charter now required a limitation of 2 terms; however, he was not questioning whether these limitations were sufficient. He said there was a reason for the limitation because the active participants of the City knew that the City was on the brink of financial and moral disaster because there was a team in office for approximately 10 years and the only way the citizens were able to get these people out of office was by approving the referendum suggesting the limitation. Mr. Hart said he heard the citizens and Mayor Abramowitz state that the voters did not elect anyone unless they wanted them in office. He said when someone was in office for six, nine or thirteen years, a machine was established that was hard to overturn. He said the people in office raised thousands of dollars from people doing business with the City and it was impossible to overturn that type of machine. He said he felt there should be a limitation. Mr. Hart said he heard a lot of discussion concerning the recommendations made by the consultant that provided the City with the Independent Charter Review. He said Page 5 of the recommendations indicated that there should be salary increases and it stated, "that no Ordinance increasing such salary shall become effective until the date of commencement of the terms of Councilmembers elected at the next regular election." Mr. Hart said he felt that this was a clause that could be well put into this referendum on the ballot and the opposition that was accumulated in the City would not be there. He said he felt it was possible to take out the sentence mentioned which was underlined. He said he felt the Ordinances could be amended even if it required a postponement of the proposed amendments of the Charter until the November, 1990 Election. Mayor Abramowitz closed the public hearing with no further response. PAGE 19 7/11/90--pw Mayor Abramowitz said Dr. Wald was incorrect when he sta that there was only one joint meeting between the Charte Board and City Council. He said there was a joint works meeting held on Tuesday, May 10, 1990 and he read a port of the Minutes as follows: "Chairman Bernard said he found several housecle ni items and he felt they were not priority items. He said Charter Board wanted to see the important amendments pla on the September, 1990 ballot." Mayor Abramowitz said he decided that he would not havle v do this at the meeting; however, because the statements*do I this evening were not factual, he had to go through t s matter. Mayor Abramowitz said the Charter Board and City Counc llm t at a joint meeting to discuss and come to an agreement o what they felt should go onto the September 4, 1990 Ba l t He said he informed Chairman Bernard that he would makB suce that a copy of the proposed amendments would be given o' Chairman Bernard at the exact time he received them. ie s id this did occur at the morning of the City Council meet n n held June 27, 1990. He said Chairman Bernard was stan i g next to him when the proposed Ordinances were handed tD to-.h of them. Mayor Abramowitz said there was a joint meeting betwee h Charter Board and the City Council on Thursday, May 24 9 0, because Chairman Bernard asked him not to hold another meeting until Muriel Davis, Charter Board member, retu nI from her vacation on May 23, 1990. He said the City C u c 1 wanted to hold the meeting approximately 10 days befor th s; however, he asked the City Council to wait until Mrs. a'i returned. Mayor Abramowitz said he informed Chairman Bernard tha another joint meeting would be held. He said after th meeting of May 24, 1990 was held, he called Chairman B regarding a schedule for another joint workshop meetin Chairman Bernard said everything that had to be said a agreed upon was done on May 24, 1990; therefore, he di feel it was necessary to hold another meeting. He sai asked Chairman Bernard if he was sure and Chairman Ber, replied, yes. Mayor Abramowitz read a portion of the joint workshop ee held between the Charter Board and City Council on May 24 1990 as follows: "Mayor Abramowitz asked the Charter Board to state t r opinions regarding what amendments should be placed on this., September 4, 1990 Ballot. Muriel Davis said she did not feel that the voter d understand an amendment of unlimited terms. Chairman Bernard suggested that the City Council Charter Board come to an agreement regarding the amen, PAGE 20 7/11/90-pw I Vice Chairman Feldman said he felt that unlimited terms should not be enacted and he said the Charter Board felt this way. Judy Kitograd said Vice Chairman Feldman should not speak for the Charter Board since the vote by the Charter Board regarding the terms of office was not taken. Mayor Abramowitz said there were several different opinions of the Charter Board members and he asked if a decision could be made. Chairman Bernard said the Charter Board has not taken a vote on the amendments; however, the Board would give their consensus. Muriel Davis suggested this matter be resolved at this time and Judy Kitograd said the Minutes of the Charter Board indicated their discussions and conclusions. Mayor Abramowitz said two Charter Board members indicated that they would like to resolve the matter. He suggested each Councilmember and Charter Board member give their consensus on the terms of office. Dr. Wald said there has not been discussion regarding the terms of office for the Charter Board and Mayor Abramowitz indicated that the amendment pertained to elected officials of both the Charter Board and City Council. Mayor Abramowitz said the terms of office did not pertain to the City Council alone. Chairman Bernard said he would like to have 3 three year terms. Dr. Wald said he would like to have 3 two year terms. Vice Chairman Feldman said he would like to abstain from giving his opinion." Mayor Abramowitz said this was illegal and he continued to read from the Minutes of the joint workshop meeting of May 24, 1990 as follows: "Muriel Davis said she would like to have 3 three year terms. Judy Kitograd said she would like to have 3 three year terms. Mayor Abramowitz said there were three members of the Charter Board who would like the terms of office to be 3 three year terms and Chairman Bernard agreed. Mayor Abramowitz asked the City Council if they would give their consensus on their opinions. C/M Schumann said he would like to have unlimited three year terms. PAGE 21 7/11/90-pw C/M Rohr said he would like to have 3 three year C/M Bender said he would like to have 3 three yea unlimited terms. V/M Hoffman said he would like to have 3 three terms. Mayor Abramowitz said he was impressed with the c stating that the voters may not agree with unlimited t therefore, he would like to have 3 three year terms." TA.3 Mayor Abramowitz said not once during this meeting was incumbent offices mentioned. He said the City Council told at the meeting this morning that C/M Bender took time and effort to sit down for approximately 2 hours listen to the entire joint meeting held on May 24, 199 Mayor Abramowitz said not one word was stated regardin incumbents. He said when Chairman Bernard came to him Tamarac Democratic Club that evening after someone mad reference to 13 years, Chairman Bernard said this pers not correct because he did not know what he was talkin about. He said he informed Chairman Bernard that the was correct and Chairman Bernard said this was not wha Charter Board meant. Mayor Abramowitz said he felt that no one had the righ say who remained in office except the voter. He said Hart just informed everyone about the powerful machine said he came into the seat of Mayor without people kno who he was and succeeded a powerful Mayor and Councilm and he received more votes than the two of them togeth Mayor Abramowitz said Jack Stelzer and he disagreed ab lot of things; however, he respected the knowledge, op and devotion Mr. Stelzer had for the City. He said th saddest thing about it was, excluding Mr. Stelzer's he Mr. Stelzer could not run again for office without tak year off. Mayor Abramowitz said the politicians in the City ind that Mr. Stelzer, with all his experience, caring and to work, could not run again and he felt this was inappropriate. Mayor Abramowitz said Mr. Hart indicated that the pres language in the Charter was enacted to get rid of the that were in office at that time. He said if anyone o City Council was not good, the voters should elect to replace that position with someone that would be an as the City. Mayor Abramowitz said if the voters felt that a person asset to the City, they should elect that person again. said the best operating City in Broward County was Plantation, who had the same Mayor for 18 years. r t 14 Mayor Abramowitz said the reason the proposed amendmen s being put on the September 4, 1990 Ballot was because e were other amendments that needed to be presented to t voters and it was not fair to put several items on a St PAGE 22 7/11/90-pw Ip y LJ 1 1 for the voters to make a decision.. He said if the voters did not approve of the amendments, they should vote against the amendments. Mayor Abramowitz said the legal advice given by the City Attorney indicated that any material changes in the Ordinance required another first reading. He said if the Charter Board did not approve of the verbiage, they could meet and submit a majority vote to the City Council about what the Charter Board wanted. He said the Charter Board requested that they jointly be included in presenting the amendments. He said if a term of office change was being requested it was a material change and this could not be done without holding another first reading for the amended Ordinance.. Mayor Abramowitz said there was a lot of concern about a person being in office for nine years; however, the people presently serving four years in office would be allowed to serve 1 three year term, which was seven years. He said copies of the Minutes were available and the Charter Board could review them to see if this was discussed. Mayor Abramowitz said if the amendments were brought to the people in November, 1990, the people would be concerned about the amendments being proposed during a Governor and Cabinet Election. He said if the voters in the City did not want to approve this, they could vote it down. He said if the public did not want this, they could vote it down. Mayor Abramowitz said Anthony Grimaldi stated Mayor Abramowitz was being unfair; however, if the voters of the City did not want the proposed amendments enacted, they should vote it down. V/M Hoffman referred to a letter written by Alan Gabriel, Charter Board Attorney, to Stan Bernard, Chairman of the Charter Board. He said Dr. Wald wanted to read this at the joint workshop meeting held this morning between the Charter Board and City Council. He said Attorney Gabriel made recommendations for changes in the Charter. V/M Hoffman read a portion of the letter into the record as follows: "Proposed amendment 90-1, Section 4.02, City Council, election and terms and qualifications. Nothing contained herein shall prohibit the incumbent Mayor and Councilmembers as of September 4, 1990, from standing for reelection for two consecutive terms of three years each." V/M Hoffman said this would make six years and he continued to read from the letter as follows: "However, no incumbent office holder will succeed himself for more than a total of nine consecutive years." V/M Hoffman said based on this a person would run for six years and resign after two years because he could not possibly fill in the time as recommended by the Charter Board Attorney. He said he was concerned with the remark made by Edward Klein who seemed to have nothing to do but to start lawsuits against everyone. He said Mr. Klein was the legal advisor for a group named IMPACT and he assumed Mr. Klein PAGE 23 7/11/90-pw gave advice to the President of the organization because the President wrote a letter to the Mayor and City Councilmembers. He read portions of the letter into the record as follows: "There are two items that the members of our organization and the taxpayers of the City of Tamarac wvro opposed to: a. Increase in the salaries of the Mayor and Councilmembers. b. Three consecutive terms for Councilmembers. Where terms of office are prescribed by law, public policy forbids at the beginning or expiration of terms of office be left to the discretion of the persons holding the office or the body having the appointed power." V/M Hoffman said he felt this was not appropriate becau w ne one ever suggested that the salaries of the Mayor and City Councilmembers be changed. He said he was amazed with the conception that the City Council was trying to increase the amount of terms of the office. V/M Hoffman said he replied to the President of the organization and he read the letter into the record as follows: "I was in receipt of your letter dated June 6, 1990,1 addressed to the Mayor and City Councilmembers and I an pleased to advise you that you are completely, totally and absolutely incorrect in your assumptions. Although Carla Coleman advised that a pay increase for Councilmembers was desirable, the City Council did not agiee and these recommendations would be made to the voters. Concerning three year terms for Councilmembers, you were incorrect in your assumption that it is our intention to extend our current terms of office. we are elected for two terms and, at the end of that time we are elected for, out terms will expire. we 'intended to present to the voters & change from two year terms to three year terms starting with the Councilmembers elected March, 1991. Now, if the organization had nothing to do but sue the City, I wonder if you have any idea how much money you have cost the City in frivolous actions up to now. And certai#ly, I am going to make every effort to see that the City goes after you to collect the money that you have caused us to expend frivolously." C/M Rohr said some of the things he said at the joint meeting held this morning between the Charter Board and City Ccunoil, he felt very strongly about. He said this was the only City that had an elected Charter Board out of 128 Cities in Florida. C/M Rohr said there was one other City that had an elected Charter Hoard, which was Pembroke Pines; however, the Cit* agreed to have an Advisory Charter Board. He said he informed the Charter Board that they were creating an PAGE 24 7/11/90-pw embarrassment to the City Council and the Charter Board by not realizing what they were doing when they provided thoughts, facts and ideas that were not true. C/M Rohr said he did not want to repeat what the other Councilmembers stated; however, nobody had the right to make a decision about who should serve in office except for the voters. He said it did not matter who was running for office because they would not be elected if the voters did not feel they were working in the best interest of the City. C/M Rohr said it was very rare to get people to serve as the legislators of the City in the best interest of the City. He said Helen Massaro was in office for several years and the reason the terms of office were amended was because Sydney Stein figured out a way to get rid of Helen Massaro. He said this only occurred for one year and then, Mrs. Massaro ran and was elected again, until she was defeated by him. He said the people should remember that the voter should have the last word. 13. ZrMLIC NZARING - MOTION Pro AD - Ord- #1426 on second reading to place an amendment to Section 8.01 of the Charter on the September 4, 1990 ballot pertaining to terms of office for Charter Board members. SYNOPSIS -OF ACTION: ORDINANCE 0-90-26 - PASSED Public Hearing was held. APPROVED on second and final reading. City Attorney Ruf read Z - Ord- fLM by title. * C/M Rohr X0VED to APPROVE on second * reading, S$CONDED by C/M Bender. Mayor Abramowitz said the City Attorney informed him that the Ordinances which indicated, "the Charter Board and the City Council", could be changed to indicate "the City Council", if the Charter Board held a meeting and submitted a letter to the City Manager and copies to the City Council. He said the City Clerk would have to find out what the last day would be for any changes made to the Ordinances. Mayor Abramowitz opened the public hearing. Morton Lutzker, Resident, asked if the Charter Board was opposing the amendment regarding the terms being changed. Mayor Abramowitz said he could only characterize this the same way as with the proposed amendment for the City Council terms of office. He said the Charter Board indicated that this was what they said but it was not what they meant. He suggested the Charter Board hold a meeting and he received a letter from the Charter Board asking for a joint meeting to PAGE 25 7/11/90-pw be held this morning as per the agreement between then a d the City Council. He said as per legal advice from the City Attorney, there could not be material changes to the prooc sed amendments without changing the Ordinances, which would i require new first readings. Mayor Abramowitz thanked City Attorney Ruf for suggesting this action by the Charter Hoard in order to change the Ordinances. Mayor Abramowitz closed the public hearing with no further response. Vo,Slc-;, 14. PTMLXC ffZj RTXp on second reading of the Charter on the City Attorney lkx�L I YAM AYE - _MOT;;W TO ADOPT , T•Mp _ Ord- 5�4A7 to place an amendment to Section 12.01 the September 4, 1990 ballot to allow to have clients other than the Cit. $�NOPSI$ Qf ACT1QK1 ORDINANCE 0-90-27 - PAISSED Public Hearing was held. APPROVED on second and final reading. City Attorney Ruf read ToMp- Ord. ;�� ,► by title. * V/M Hoffman MOVXD to APPROVE Tamp,,,Q3;¢. #1417 on second * reading, SECONDED by C/M Rohr. City Manager Kelly said Carla Coleman recommended that it. was not in the City's best interest to keep the terms and conditions required in the Charter regarding the City Attorney. He said the Charter presently prevented the City Attorney from having outside clients and this was not appropriate for 1990. City Manager Kelly said most attorneys coming from college were able to go to many law firms that had salaries highOr than the municipality. He said most other Cities allowe4the City Attorney to have considerable outside employment. City Manager Kelly said presently, City Attorney Ruf camq In from Monday through Thursday in the mornings and he instructed staff to schedule their meetings with him during those times. He said City Attorney Ruf was very experienced and knew the history of the City very well. He said during the time City Attorney Ruf was working for the City, he was working on labor relations and it has been a concern daring budget hearings of the money being spent by the City for consulting attorneys. Mayor Abramowitz said many of the Cities worked under this type of arrangement and there were several times when the residents complained about the previous City Attorney being overpaid. He said the previous City Attorney left the City to go back to school at Harvard; however, the previous City Attorney was working part time during the summer for the City of Sunrise and he was receiving 35% more than he was making with the City of Tamarac per week. PAGE 26 7/11/90-pw i 1 1 Mayor Abramowitz said he was uncomfortable with the existing arrangement when it was proposed to the City Council; however, he was not uncomfortable at this time because City Attorney Ruf was very familiar with the City. He said he approved of the existing arrangement. Mayor Abramowitz opened the public hearing. Melanie Reynolds, Resident, said it seemed that the City Council selected their priorities for the Charter; however, it was the first time that the public was not allowed to provide input on the matter. Mrs. Reynolds said it was repeatedly indicated that there could be no ambiguities; however, the Ordinance indicated that the amendment would be in the best interest of the City. She said everyone felt the actions by the City Council should be in the best interest of the City; however, the proposed amendment did not indicate anything about a City Attorney as to exactly what the City Council would do regarding this matter. City Manager Kelly said the wording was to allow the City Council to make a determination as to what would be best for the City being it to retain a full time in-house attorney or use an outside attorney who had outside employment. He said the Charter presently did not allow the City to have an attorney that had outside employment and this was unreasonable for this day and age. Mrs. Reynolds said the City could not do this to the public and the public should be informed of what the City would be doing in order to understand what they were voting on. Mayor Abramowitz said the City Council and the elected officials intended to exercise the privilege given to them by the voters. Mrs. Reynolds said the City Council and City officials did not have this privilege and the people must know what they were voting on. Mrs. Reynolds said at the joint meeting being held today there was discussion regarding substantive and minor changes to an Ordinance. She said the City Council quoted the Attorney General's opinion, 82-93; however, only part of it was quoted. She said the opinion indicated that it was appropriate to interject that a determination be made whether any change to a proposed Ordinance during the enactment process was substantial or not. She said it was a mix of fact which the Attorney General's office was not empowered to determine. She said what constituted a material or substantial change in the Ordinance between first consideration and enactment depended upon the circumstances of each case. Mrs. Reynolds said when Mayor Abramowitz and the Charter Board's Attorney were disagreeing about the proposed change being minor or substantial, the Attorney General's opinion was not considered fully. PAGE 27 7/11/90-pw Mayor Abramowitz said he quoted the opinion of the Ci Attorney. Anthony Grimaldi, Resident, said the City presently h d y Attorney Ruf and he asked what would happen if a futu e City Council decided to have an in-house attorney. He ask the Charter could not be amended to state one way or e'. other. Mayor Abramowitz said the present language indicated that the City of Tamarac must have an attorney that depended sclely on the City for his livelihood. He said the attorneys ccming from law school made more money than the City could eier pay. Mayor Abramowitz said this gave the City the opportunity t hire someone with municipal experience. He said the pxevs City Attorney had a job for 5 years with the County and he applied for the City Attorney position with Tamarac at a lower salary. Mr. Grimaldi said he wanted to make sure that he wasitire. tn for the City hiring an attorney that had outside cliesHe said when he voted he would be of the opinion that th existing situation would not be a requirement in the V/M Hoffman said this was not correct. C/M Rohr said a part time City Attorney was presently handling the City's business in the mornings as well as handling the labor negotiations. He said anything other t an the mornings, the City Attorney had other outside clients. He said the City Attorney did not have clients coming to tie City to see him. V/M Hoffman said the City could have as many full time attorneys as they wanted; however, the City had to pay f r them. He said the City Council felt that they would c i e better legal representation by permitting an attorney to,got part of his income outside of the City. He said the C t f Coral Springs was paying approximately $685,000.00 and C t Attorney Ruf may not remain with the City. He said the Ci y may not be able to find someone with the experience of C t Attorney Ruf; therefore, the City Council could decide tc o to a full time attorney. He said the residents had to h v enough confidence in the City Council they elected to a e the right decision for the benefit of the City. Mayor Abramowitz said City Attorney Ruf's firm has bea h law firms that were placed against the City and he asked C ty Attorney Ruf to provide a compilation of the charges aid costs the City had to spend on the previous frivolous lawsuits. Mayor Abramowitz said City Attorney Ruf was very hones he would not do anything to harm the City or the City Council. He said City Attorney Ruf represented other i i s and the City Council was asking the people to give then th opportunity to get the best legal representation for tie'tieb st cost. PAGE 28 7/11/90-pw Mayor Abramowitz closed the public hearing with no further response. is. on second reading to place an amendment to Section 7.11 of the Charter on the September 4, 1990 ballot pertaining to the requirements for competitive bidding. ORDINANCZ 0-90-28 - PASSED Public Hearing was held. APPROVED on second and final reading. City Attorney Ruf read by title. * V/M Hoffman XOV$D to APPROVE 22=2OXd #`14„213 on second * reading, SSCONDBD by C/M Bender. City Manager Kelly said the existing Charter requirements were that anything over $2,000.00 shall be competively bid and this was not appropriate for this day and age. City Manager Kelly said the City was required to go to bid too often when prices could be negotiated more appropriately at the lower amounts. He said the Bid Specifications Committee consisted of the City Clerk, representatives from the Finance and Purchasing Departments and a representative from the Department requesting the bid. City Manager Kelly said the change was being requested from $2,000.00 to $5,000.00 and $5,000.00 to $10,000.00. He said most of the bids being received with the existing requirements of the Charter were higher than usual because the bidding requirements were not up to date with the times. City Manager Kelly said the City would continue seeking the competition and, at the present amount of $2,000.00, staff was required to get quotes to find out what the market was to make sure that the City would be receiving a competitive bid amount. He said the venders bidding in the City charge a higher price because of the inconvenience of having to fill out the bidding documents, bonding and other requirements of the bidding process of the City. City Manager Kelly said the rates that were being processed were consistent with the times of today and the rates presently existing were too low. He recommended approval of these amendments. Mayor Abramowitz opened the public hearing. Larry Schneider, Resident of Lakes of Carriage Hills, said he agreed with the amendment and a low price was not always the best. PAGE 29 7/11/90-pw City Manager Kelly said he agreed with this and Item Playground equipment was a perfect example because th two lower bids received. He said the bid selected wa safest and most reasonable equipment for the project. Mayor Abramowitz said when he was elected as Mayor he informed that he needed business cards. He said he h purchasing business cards for 50 years and, when he w informed that it cost $559.00, he met with the City M and Director of Purchasing and was informed that this lowest bidding price. Mayor Abramowitz said the amount of money wasted for bidding process was ridiculous and he wanted everyone aware that staff was very aware of the costs in the m therefore, they should be given the opportunity to sp appropriate money for an item. 1-7 :l City Manager Kelly said he would advise the Councilmemoe Purchase items on their own if the item would cost more what it should. He said as a private citizen the City Council and staff members would get a better price for s of the items and it did not make sense to go through the bidding process on many of the items. Mayor Abramowitz closed the public hearing with no fu response. 16. a. Affidavits of Publication ai Posting for Petition #13 b. NJASA_on second reading concerning a request MALACHY CHURCH to rezone those lands on the northeast corner of University Drive and NW 61 from B-1 (Neighborhood Business) to I-1 (Insti Educational -Governmental District). Petition # Public Hearing was held. a. ACClPTZD Affidavits. b. APPROWD on second ORDINANCZ 0-90-29 - and final reading. * a. V/M Hoffman MOVZD to ACCZPT Affidavits of Public * and Posting for ent da #142J, SZCONDHD by * Bender. ALI<yQSEn AXz City Attorney Ruf read by title. * b. V/M Hoffman VOVZD to APPROVS S$CONDRD by C/M Rohr. PAGE 30 7/11/90-pw y St ut R tre 711M al 0 r] 1 1.1 City Manager Kelly said the property was currently designated Educational Community Facility on the Tamarac Land Use Plan and was zoned B-1 (Neighborhood Center). He said St. Malachy's Church had an approved site plan and the 10 acre site was developed as a Church, School, Rectory and other related buildings. City Manager Kelly said Section 24-505 of the Code provided for I-1 setbacks to be maintained at a minimum of 25-feet from front, rear and sides. He said the surrounding Land Uses and Zonings were: North B-2 South S-1 East R-1, B-6 West B-2, S-1 City Manager Kelly said the requested zone would be in conformance with the Land Use Plan and it would permit other church related activities. He said the Planning Commission recommended approval at their June 6, 1990 meeting and he recommended approval subject to the findings of fact being incorporated into the Motion as well as any other findings the City Council may have after discussion of this item. Mayor Abramowitz opened and closed the public hearing with no response. X21 17. on second reading to amend Section 10-206 of the Code to require that cable television wiring be installed underground when servicing residential subdivisions but telephone and cable television lines may be attached to FP&L electrical transmission facilities when such are allowed by the provisions of this section. SYNOPSIS OF AnTION a ORDINANCE 0-90-30 - PASSED Public Hearing was held. APPROVED on second and final reading. City Attorney Ruf read by title. * C/M Rohr MOVED to APPROVE �n_ Ord-fis99 on second * reading, SECONDED by V/M Hoffman. City Attorney Ruf said there has not been anything in the City Code which required the underground wiring of cablevision; therefore, lines for cable television were being added to the Code. He said the amendment would also allow for the overhead installation of telephone and cable lines in the major transmission corridors in the City. Mayor Abramowitz opened the public hearing. Joseph Schreiber, Resident, asked if the lines would be restricted to underground. PAGE 31 7/11/90-pw Mayor Abramowitz said presently there was nothing in h which addressed the lines and the amendment was indic t that cables for cable television had to be installed underground. He said the transmission lines could go overhead. City Attorney Ruf said Southern Bell and Florida Powe Light were required to go underground to all subdivis the City except at major corridors such as, Universit Commercial Boulevard and Southgate Boulevard. He sai Ordinance indicated that everything that has gone and would continue to go underground; however, where ther existing Florida Power & Light lines in major corrido telephone and cable lines could be put in those corri Mayor Abramowitz closed the public hearing with no response. vors. At 9:25 P.M., Mayor Abramowitz RECESSED this meeting RECONVENED at 9 : 30 P.M. with ALL PREsrrj'1T__ 9. NOTIM T9--A2OOPTTemfl, Ord_ 915QQ on first rea amend Chapter 9 of the Code, "Health, Sanitation Nuisances", by revising Section 9-36 to add defin revising Section 9-37 to require repair or replan paved areas when roadrock or subbase is visible, revising Section 9-41 to establish standards for exterior of buildings in the City. APPROVED on first reading. Second reading and Pu Hearing will be held on August 22, 1990 at 9:01 City Attorney Ruf read by title. * C/M Bender MOVED to APPROVE !f,'eMR.,._Qrd_ 91500 * first, SECONDED by C/M Rohr. Steve Oxenhandler, Director of Development Services, they were trying to improve the Ordinances in Code Enforcement by making them more precise. He said new definitions were being added to easily enforce and un the regulations. He said the Code Enforcement Board submitted a letter regarding the building exterior regulations and, after review, the proposed revisions created. He said the Code Enforcement Board would be reviewing the revisions at their next meeting. Mayor Abramowitz suggested that meetings be held with Code Enforcement Board and their input should be subm the City Manager and City Attorney. He said he agree the amendments. PAGE 32 7/11/90-pw on 5 In D e, t 141 rgand w s,� th or An to an ti , me it of h ted to with 1 1 V/M Hoffman asked when the second reading would be held and City Attorney Ruf said the second reading would be held on August 22, 1990. V/M Hoffman asked if the hearings could be this far apart and City Attorney Ruf replied, yes. Mayor Abramowitz said he reviewed the amendment and he felt it would benefit the City. He said the more revisions to the Code the more the City would look better. 10. NQXIQx TO ADOPT =_ ord_ __#1501 on first reading to amend Article III of Chapter 16 of the Code to permit vested participants who terminate employment prior to early retirement age to elect to receive a refund of participant contributions in lieu of any other benefits from the Pension Plan. SYNOPS1s .OF._ACILQDL: APPROVED on first reading. Second reading and public Hearing will be held on August 22, 1990 at 9:00 A.K. City Attorney Ruf read 1'emn. Ord._115CI by title. C/M Bender MOVED to APPROVE X2mn _ Ord_ #15011 SECONDED by V/M Hoffman. Peter Mack, Director of Personnel, said this Ordinance was approved by the Pension Board and they recommended approval. He said the participants of the Pension Plan would be able to collect their lump sum payment if they left the employment of the City immediately as opposed to waiting to age fit. He recommended approval of this item. V/M Hoffman asked if the money the participants contributed plus interest would be paid to them and Mr. Mack agreed. V/M Hoffman asked if the Pension Plan would have any further obligation to the participants once they withdrew their money and Mr. Mack replied, no. C/M Bender said when the participant took his money, the City's contribution remained in the Pension Fund and Mr. Mack agreed. Mayor Abramowitz said the City did not accumulate the money; however, the Pension Fund kept the money and C/M Bender said he wanted the record to reflect that the City's contribution remained in the Pension Fund for future participants. PAGE 33 7/11/90-pw 22. NOTION T4 j Q0PJ _Ten— Reao.,,-85654 authorizJ appropriate City officials to *xocuts an amm agraament with Robert X. Swarthout, inc., pertaining to updating the City's Land Develo Code. RZSOLUTXON R-90-188 APPROVED. City Attorney Ruf read T� •tee- 5934 by title. * C/M Bender MOVED to APPROVE * SECONDED by V/M Hoffman. City Manager Kelly said the City received a grant fromi t Florida Department of Community Affairs in the amount of $33,061.00 which allowed staff to retain the services of consultant to review the City's Land Development Code said this request was for the third element and the a re needed approval by the City Council. He said all of the money needed would come from the grant at no cost to the City. City Manager Kelly said the consultant would be works g the Land Use Development Code and Regulations in orde f the City to run appropriately. 23. MOTION T4,,,,,,,j&pROVE Change Order $1 to the contract with Toro Engineering, Inc., increasing the c nt t for the TAMARAC MULTI -PURPOSE CENTER by $881 p or changes required by the Florida Department of HeiLltl and the City Engineering Department. * V/M Hoffman MOVED to APPROVE this Item, * C/M Bender. Mayor Abramowitz said he was pleased to know that thi the first Change Order on this project. City Manager Kelly said the Change Order was required Department by Health. He said the total amount was $E and the progress on the project was very good. PAGE 34 7/11/90-pw I 1 is. Carl Alper, Resident, said 50 years ago there was a scandal where Realtors were selling property that was under water. He said there is another scandal that may be taking place which was homes being sold without certainty of sufficient water being available. He suggested that a moratorium be considered on building until the South Florida Water Management District was confident that the residents would have enough water. He suggested this be discussed with the Florida League of Cities. Mayor Abramowitz said after the summer vacation the City Council would be considering the expenditure for an accelator for future water needs. Mr. Alper said Tamarac had the best water supply in Broward County; however, the Broward County water supply was not enough. Mr. Alper said he has been a lawyer for over 50 years and he felt that City Attorney Ruf was an excellent Attorney. He said an attorney who depended entirely on the salary given by the City could not be the best attorney for the City. He said the City would have one of the best attorneys he ever met by retaining City Attorney Ruf. Joseph Schreiber, Resident, said on June 27, 1990, the City Council approved Resolutions authorizing the placement on the September 4, 1990 ballot proposed capital expenditures for sidewalk and streetlighting programs. He asked how much was expected for these projects. Mayor Abramowitz said the City's Engineering Department submitted a plan to the City Council on the sidewalk program; however, it was not appropriate. He said the Engineering Department was now refining the numbers for the program. Mayor Abramowitz said the Ordinance indicated that the City Council was asking the voters to borrow money up to a specific amount; however, no money would be spent until the plans were available. He said this pertained to both projects. Mr. Schreiber asked if there was validity to the 20% property tax increase indicated in an article in the Fort Lauderdale News/Sun Sentinel. Mayor Abramowitz said this matter would be addressed during the Reports. Larry Schneider, Resident, had concerns with all of the accident debris in the major intersections. He said there was debris in the streets of the entire County. He suggested that the Police call the City after an accident was cleared to inform them that there was debris in the streets. He said this was supposed to occur; however, it was not being done. PAGE 35 7/11/90-pw Mayor Abramowitz suggested City Manager Kelly call the Director of Public Works/Parks and Recreation regarding a solution to this matter. He said the towing companies should be responsible for cleaning the areas after an accident. Mr. Schreiber said there should be a cleanup required by someone when the towing companies are not involved and Mayor Abramowitz said the City did not have the personnel to send out to look for debris. V/M Hoffman suggested the Police contact the City Manager's Office about an accident that did not require a tow truck so that some of the debris could be cleaned up. REPgRTS 21. CitX-AttQXVAY - No report. 19. City Council V/M xog€n" - No report. CJX Bd�ndex - No report. 04 Rohr read the Minutes of the last Recycling Task Force Committee meeting held on July 9, 1990, into the record. He said this meeting was held at Lime Bay Condominium and consisted of review and discussion regarding a recycling program for this condominium. He said the Committee also visited Sands Point and The Greens to review the area for a recycling program. May6r-A4r=ov:Lt;g announced that the two public I hearings on the budget would be held on September 17, 1990 and September 25, 1990, at 7:00 P.M. i 20. CitV Xpn&q&r City Manager Kelly said the Fire Chief was invited by the Florida Fire Chief's Association to participate in their 1590 Conference. He said the Fire Chief would be attending thee. Conference from July 15, 1990 to July 19, 1990, and the registration fee of $70.00 would be the only cost to the City. City Manager Kelly said he authorized emergency repairs on a 1978 pumper and any expenditures of $2,000.00 had to be reported to the City Council. He said an exact cost woul# not be known until the matter was evaluated; however, a report would be provided to the City Council for approval before the repairs were made. PAGE 36 7/11/90-pw 1 11 1 City Manager Kelly said the City was filing a grant application for a pilot recycling program for condominiums in the amount of $161,450.00. He said if the grant was approved, there would be a local match required; however, there would not be a local cost incurred, except the condominium residents would be paying $.76 per month per unit recycling program. --------------------------------- --------------- 24 , VeTION TO AvT=ZZ the City Manager to submit a preliminary millage of 4.6759 to the County Appraisers Office. SXHQE,gIA 4P XrTI JLGMDXZZD by Consent and 11PPROVED . City Manager Kelly recommended that the City Council include $600,000.00 anticipated for the minimum base bid for the sale of the old City Hall. He said this, with the operating millage rate, would be a 13.65% increase or an operating millage of 4.11 to 4.67. City Manager Kelly said the newspaper indicated that this was a 20% or 11% increase. He said this was because the debt service was decreasing this year from $.66 to $.62 and the two combined was 11%. City Manager Kelly said residents with a $75,000.00 unit would pay an increase of $23.00 and $50,000.00 unit would have an increase of $11.50. He said this was the maximum increase; however, the increase could be lowered after the City Council budget review. * V/M Hoffman !WV$D to ACC$PT the City Manager's * recommendation of the proposed millage rate of * 4.6759 to be sent to the County Appraiser's Office, * 88CONDED by C/M Bender. City Manager Kelly said the operating budget would be increased by 6-1/2% because of the sanitation costs and inclusion of $600,000.00 for the sale of the old City Hall. Mayor Abramowitz wished everyone a. healthy and happy summer. He wished staff and City Council a good vacation. PAGE 37 7/11/90-pw With no further business, Mayor Abramowitz ADJODRNZD this at 10:00 P.M. r MAYOR M CAROL A. EVANS ... CITY CLERK "This public document was promulgated at a cost of $148.00 copy to inform the general public, public officers and empl recent opinions and considerations of the City Council of t Tamarac." Purauant_te Chanter 299-0105_ Florida 3tatutaa. 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. CITY OF TAMAIiAC APPROVED AT MEETING OF 8 .Z.2 o PAGE 38 7/11/90-pw .50 per of G