HomeMy WebLinkAbout1991-11-13 - City Commission Regular Meeting Minutes7525 Northwest 88 Avenue
Tamarac, FL 33321-2401
1
RECORD OF COUNCIL ACTIONS/DISCUSSIONS
CITY OF TAMAQAC
CITY COUNCIL
REGULAR COUNCIL MEETING
WEDNESDAY, NOVEMBER 13, 1991
• •;D. 11
- 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.
INTRODUCTION
1. RUSENTATION by Mayor Abramowitz of a proclamation
designating the month of November, 1991, as "NATIONAL
HOSPICE MONTH"FINAL ACTIONe
Presentation was made by Mayor Abramowitz to Joyce Lieberman of
Hospice, Inc.
2• PUBLIC PAETICTPATTON - 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.
11/13/91/KJ
Page 1
3. Items listed under Consent Agenda, Item 3, 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. MOTION TO APPROVE the City Council minutes of the
following meetings:
C
1.
09/03/91
- Special
Meeting
2.
09/17/91
- Special
Meeting
3.
09/25/91
- Regular
Meeting
4.
10/24/91
- Special
Meeting
5.
10/09/91
- Regular
Meeting
6.
10/30/91 -
Special
Meeting
FINAL ACTION
Removed for discussion. Removed 3.a.4. for corrections.
APPROVED 3.a.1., 3.a.2., 3.a.3., 3.a.5., 3.a.6.
b. MOTION TO APPROVE renewal of a model sales permit and
waiver of the 300-foot distance requirement for issuance
of certificates of occupancy for TAMARAC GARDENS in
Building 12, Unit 107, for a six-month period from
i 12/13/91 to 6/13/92.
FINAL ACTION•
APPROVED
C. MOTION TO APPROVE renewal of a model sales permit for
MISSION LAKES/CORAL CREEK in Unit 107 at 6900
Southgate Boulevard for a six-month period from 11/24/91
to 5/24/92.
FINAL ACTION
APPROVED
d. MOTION TO APPROVE renewal of a model sales and
administrative facility permit for BOARDWALK
APARTMENTS (CONCORD VILLAGE II) in Building 10,
Unit 8650, for a six --month period from 12/25/91 to
6/25/92.
FINAL ACTION:
APPROVED
11
11/13/91/KJ
Page 2
e. 1.MOTION 10 APPROVE the Selection Committee's
ranking of the traffic engineering firms
interviewed in connection with Expression of
Interest EOI--91-02:
a. Kimley--Horn and Associates
b. Tinter and Associates
C. Walter Keller, Jr., and Associates
2. MOTION TO APPROVE establishment of a Negotiating
Committee to negotiate a contract for future
Council consideration with the #1 ranked firm or,
if required, the #2 or #3 ranked firms in
connection with Expression of Interest EOI-91-02
for a traffic engineer. The Negotiating Committee
will include:
John P. Kelly, City Manager or Designee
Kelly Carpenter, Community Development Director
Mary Blasi, Finance Director
Gordon Sparks, Ass4stant City Engineer
FINAL ACTION:
APPROVED 3.e.1. and 3.e.2.
f. establishment of a
Selection/Negotiating Committee to negotiate a contract
for future Council consideration with Kimberly Moyer,
Landscape Architect, the only firm to apply to
Expression of Interest EOI-91-03 for the services of a
landscape inspector with funds from Personal Services.
The Negotiating Committee will include:
John P. Kelly, City Manager or Designee
Kelly Carpenter, Community Development Director
Mary Blasi, Finance Director
FINAL AC:C I ON :
Removed
9. MOTION TO ADOPT Temp.'Reso, #6170 permitting the
use of BROOKWOOD PLAZA for a craft fair sponsored by
Kit 'N Kaboodle, 7160 W. MCNab Road, on
November 16-17, 1991.
RESOLUTION R-91-198-PASSED
h. MOTION -TO ADQET Temp. Reso_ #6178 approving a
holiday tree sale by the Coral Springs Masonic Lodge
#373 from 11/29/91 through 12/24/91 on property located
at NW 64 Street and University Drive.
FINAL ACTION.- RESOLUTION R-91-199-PASSED
APPROVED
11/13/91/KJ
Page 3
i. 1. MOTION TO ADOPT TeMg_ Reag. #6176 accepting a
5--foot utility easement offered by Prospect
Commercial, Inc., for the TAM RAC AUTO CARE
CENTER PHASE II project.
2. accepting a
5-foot sidewalk easement offered by Prospect
Commercial, Inc., for the TAMARAC AUTO CARE
CENTER PHASE II project.
RESOLUTION R-91-200-PASSED
FINAL ACTION: RESOLUTION R-91-201-PASSED
APPROVED 3.i.1, and 3.i.2.
j. MOTION TO AQPT, Temn_ ResQ_ #6169 accepting a bill
of sale for a water main extension offered by CML
Illinois Investment Group for the WESTPOINT project.
RESOLUTION R-91-202-PASSED
k. MOTION TO A EEM the establishment of a Selection
Committee with regard to Expression of Interest
EOI-91-04 for the selection of a consultant/consulting
firm for professional services related to water,
sanitary and conservation rate studies. The Committee
shall include:
John P. Kelly, City Manager (or designee)
Michael Couzzo, Assistant City Manager/Public
Services Director
Peter Procopio, Utility Operations Manager
Mary Blasi, Finance Director
0 i#
F-IIMWUOXVAMI��
4. DISCUSSION AND POSSIBLE ACTION on correspondence from
Attorney Andrew Siegel regarding payment of legal fees for
former Mayor Bernard Hart.
FINAL ACTION_
Discussion was held.
Motion to pay legal fees failed.
!1
11/13/91/KJ
Page 4
5. a MOTJQX IQ APPROVE TUW Project #88-10, Design of Raw
Water Wells 16 through 19 and Construction of Wells 16
and 17 at an estimated total project cost of
$325,000.00.
b. MOTION TO APPROVE the transfer of $325,000.00 from
Budgetary Retained Earnings CIAC Fund Account
432-371-586-975 to TUW Project 88-10 Account
432-363-533-6HI to fund this project.
C. KOT_, ION TO APPROVE Addendum #34 to the contract with
Hazen & Sawyer, P.C., in the amount of $46,250.00 to
provide professional engineering services for TUW
Project 88-10.'
TABLED 5.a., 5.b. and 5.c.
6. a. MOTION TO ADOPT TeMp. Reso. #6179 approving a plat
entitled TAMARAC TRACT 24 PLAT.
b. MOTION TO ADOPT lam- Reso. #6180 approving
Development Order #281, along with a Blanket Public
Ingress/Egress Easement and a Development Review
Agreement, for TAMAI2AC TRACT 24 PLAT.
(located on the southeast corner of Nob Hill Road and
NW 81 Street)
RESOLUTION R--91-203-PASSED
F-INALACTION:_ RESOLUTION R-91-204-PASSED
APPROVED 6.a. and 6.b.
7. MOTION TO APPROVE waiver to Section 24-635 of the Code to
allow a chain link fence up to 8-feet in height for security
purposes along NW 44 Street, NW 64 Avenue and the west side
of the WRBD site requested by WOODLANDS COUNTRY CLUB.
Petition #61-Z-91
FIX&L ACTION•
APPROVED subject to City Attorney's approval of a hold harmless
agreement. Request for barbed wire was withdrawn by applicant.
11/13/91/KJ
Page 5
8. a. authorizing the
appropriate City officials to execute an agreement with
Scharf & Associates, Inc., to provide architectural and
engineering services to the City as needed (Expression
of Interest EOI-90-01).
b. MOTIQN TO ADOP_T _TeMR_ Reso_ #6175 authorizing the
appropriate City officials to execute an agreement with
Robert S. Walters, AIA, P.A., to provide architectural
and engineering services to the City as needed
(Expression of Interest EOI--90-01.
FINAL ACTION: RESOLUTION R-91-205-PASSED
APPROVED 8.a.
TABLED 8.b. at the City Manager's request to a Special Council
Meeting to be held on Monday, November 18, 1991.
9. MOTION_ TO ADOPT TgMR. Reso. #6171 establishing a
Recognition and/or Memorial Bleacher Program at the Tamarac
Multi -Purpose Recreation Center.
FINAL ACTION: RESOLUTION R-91-206-PASSED
APPROVED
10. establishing a
Recognition and/or Memorial Tree Program.
FINAL ACTXQH: RESOLUTION R-91-207-PASSED
APPROVED
11. authorizing the
appropriate City officials to execute an Agreement between
Broward County and the North Cities, consisting of Coconut
Creek, Lauderhill, Margate, North Lauderdale and Tamarac, for
Fourth Year Recycling Grant Program in the amount of
$284,046.00.
FIN L ACTION: RESOLUTION R-91-208-PASSED
APPROVED
12- authorizing the
appropriate City officials to execute a Letter of
Understanding between the Cities of.Lauderhill, Lauderdale
Lakes and Tamarac for the purpose of a pilot program entitled
"Tri-City Commercial Recycling Program".
FINAL ACTION: RESOLUTION R-91-209-PASSED
APPROVED
13. MOT,IQH To- ADOPT Tema.Reso,6182 revising the fee for
single family and other residences receiving curbside pickup
of recyclable materials from $.76 to $.80 per month pursuant
to Section 19-55 of the Code.
E-TNAL JLCTION
TABLED at the City Manager's request.
11/13/91/KJ
Page 6
14. PUBLIC HEARING - on
second reading to amend Section 14-30 of the Code to provide
restrictions applicable to parking commercial vehicles in
commercial districts and on or adjacent to vacant land.
FINAL ACTION:
Public Hearing was held.
TABLED
15. HOTION TO ADOPT Temn. Ord. #1580 on first reading
amending Article III of Chapter 16 of the Code to provide a
deadline for Pension Plan participants' filing of claims for
disability pension benefits after termination of employment
with the City.
FINALACTION_
APPROVED on first reading. Public Hearing and second reading will
be held at the Regular City Council meeting on Wednesday, November
27, 1991.
16. MOTION TO ADOPT Tg=. Ord_ #1581 on first reading
creating a new Section 14-39 of the Code to provide for a
definition of motor vehicle and providing for a prohibition
of the parking and display of motor vehicles for sale on any
public right-of-way or on any private property.
FINAL ACTION•
Discussion was held.
TABLED
17. City__ _Council
Y - •
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.
Carol A. Evans
City Clerk
11/13/91/KJ
Page 7
City Council Regular Meeting
11/13/91/KJ
Page 1
I-
I
CITY OF TAMARAC
CITY COUNCIL REGULAR MEETING
WEDNESDAY, NOVEMBER 13, 1991
�L TO ORDER: Mayor Abramowitz called this meeting to order on
Wednesday, November 13, 1991 at 7:00 p.m. in the Council Chambers
of Tamarac City Hall, 7525 Northwest 88 Avenue, Tamarac, Florida.
MEDITATION AND PLEDGE OF ALLEGIANCES Mayor Abramowitz called
for the Pledge of Allegiance followed by a Moment of Silent
Meditation.
ALSO PRESENI,;
Mayor Norman Abramowitz
Vice Mayor Dr. H. Larry Bender
Councilwoman Diane Glasser
Councilman Irving Katz
Councilman Henry Schumann
John P. Kelly, City Manager
Alan F. Ruf, City Attorney
Carol A. Evans, City Clerk
Karen Jackson, Secretary
3. f. MOTION TO APPROVE establishment of a
Selection/Negotiating Committee to negotiate a contract
for future Council consideration with Kimberly Moyer,
Landscape Architect, the only firm to apply to
Expression of Interest EOI-91-03 for the services of a
landscape.inspector with funds from Personal Services.
The Negotiating Committee will include:
John P. Kelly, City Manager or Designee
Kelly Carpenter, Community Development Director
Mary Blasi, Finance Director
-1RS -M
C/M Katz MOVED to REMOVE Item 3.f. from the Consent Agenda due
to lack of backup, SECONDED by. C/M Schumann.
VOTE:
ALL VOTED AYE
City Council Regular Meeting
11/13/91/KJ
Page 2
a MOTIQH TO APPROVE the City Council minutes of the
following meetings:
1.
09/03/91
- Special
Meeting
2.
09/17/91
- Special
Meeting
3.
09/25/91
- Regular
Meeting
4.
10/24/91 --
Special
Meeting
5.
10/09/91
- Regular
Meeting
6.
10/30/91
- Special.
Meeting
SYNOPSIS Qr ACTION:
Removed 3.a.4, for discussion.
See Page 8 for further action on this item.
C/W Glasser MOVED to REMOVE Item 3.a. for discussion, SECONDED
by C/M Katz.
VOTE: ALL VOTED AYE
13, revising the fee for
single family and other residences receiving curbside pickup
of recyclable materials from $.76 to $.80 per month pursuant
to Section 19-55 of the Code.
SYXQPSIS OF ACTION:
TABLED at the City Manager's request.
V/M Bender MOVED to TABLE Item 13 at the City Manager's request,
SECONDED by C/M Katz.
VOTE: ALL VOTED AYE
1. PRESENTATION by Mayor Abramowitz of a proclamation
designating the month of November, 1991, as "NATIONAL
HOSPICE MONTH".
SYNOPSIS OF ACTION:
Presentation was made by Mayor Abramowitz to Joyce Lieberman of
Hospice, Inc.
Joyce Lieberman of Hospice, Inc. expressed her appreciation and
informed the public of the functions of Hospice, Incorporated.
2. UBLIC PAUICIPATION - 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.
See Page 5 for further public participation.
Mary Seidel, resident of Kings Point, expressed his concerns
regarding the recycling for the condominiums in Tamarac. He said
canal fishing has been declared a hazard in Coral Springs and
requested information regarding this situation in Tamarac. He
asked if parking on the swale areas is prohibited.
Mayor Abramowitz said the South Florida Water Management District
encourages recreational fishing and they control the waterways in
City Council Regular M6eting'
11/13/91/KJ
Page 3
Tamarac. He said Coral Springs has their own water district and
has banned canal fishing.
C/W Glasser said she has been working with Assistant City Manager
McDermott in finding a way,to deter people from fishing in the
canals.
C/M Katz said it is illegal to park on the swale areas, based on
the Code of Tamarac.
City Manager Kelly said the condo recycling will be addressed
during Item 11 on the agenda.
City Attorney Ruf said the proposed fishing Ordinance has been
prepared and will be given to C/W Glasser in the near future.
Maxwell Ingram, resident of Lime Bay, requested that the Council
not vote in favor of payment for former Mayor Hart's attorney's
fees.
Harold Newman, resident and President of the Tamarac Civic
Coalition, expressed his concern regarding crime within the City
and requested the comparison records of the BSO which indicate the
increase or decrease of crime in Tamarac.
Mr. Newman requested information regarding the present status of
the Medics Ambulance Service contract with the City.
Mr. Newman expressed his objections to the three minute time limit
for public participation.
City Manager Kelly asked that a written request be sent to his
office for response.
Phil Rudick, member of the Tamarac Civic Coalition, requested
information regarding Land Section 7 and the possibility of a
Broward County school bus garage in the area.
City Manager Kelly said the Broward County School Board has put
out a Request for Proposal asking for interested parties to offer
their sites to them for the purpose of creating a school bus depot
and maintenance facility. He said there are three prospective land
owners within Land Section 7 who responded to their Request for
Proposal. He said the request was for 38 to 42 acres of land. He
said one of the landowners consulted with him prior to the formal
submittal. He said he is in opposition of the School Board
acquiring land in that area for this purpose.
City Manager Kelly said he would like to see the land use changed
in that area to allow for commercial and industrial to provide a
future tax base to the residents. He said he does not feel it is
in the best interest of the City to have that use on the property.
Mayor Abramowitz said he is against something like this in the
City of Tamarac.
C/W Glasser said there is one school in the City and this does not
warrant the City having bus traffic which hinders the health,
safety and welfare of the elderly citizens of the City.
C/M Katz said he objects to this based on the fact that there is
less than 400 acres in Land Section 7 and this would reduce the
tax base in the City and V/M Bender agreed.
City Council Regular Meeting
11/13/91/KJ
Page 4
14. p LIQ HEARING - on
second reading to amend Section 14-30 of the Code to provide
restrictions applicable to parking commercial vehicles in
commercial districts and on or adjacent to vacant land.
SYNOPSIS OF ACTION:
Public Hearing was held.
TABLED
City Attorney Ruf read Temp. Ord. #1579 by title.
V/M Bender MOVED to APPROVE Temp. Ord. #1579, SECONDED by
C/W Glasser.
City Manager Kelly said this regards the restrictions in
commercially zoned districts and the limitation of having no owner
or person having use of a commercial vehicle, a recreational
vehicle. He said no boat or boat trailer shall be parked, stored
or kept for any period of time within the property lines of any
commercially zoned district.
C/M Katz said the reasoning behind this Ordinance was that there
are commercial vehicles coming into the City and parking on any
available empty lot or vacant shopping center using them for depot
areas for storing their vehicles.
Mayor Abramowitz asked for a definition of the term, "any period
of time" which appears in the Ordinance, Section C, item 1.
City Attorney Ruf said the term, "any period of time" means they
are not supposed to be there at any time. He said if a period of
time is specified in the Ordinance, then someone must check on the
vehicle for the length of time it remains in that location.
Mayor Abramowitz asked how much time is, "a period of time" and
City Attorney Ruf said it has not been the experience in the City
Attorney's office that the people who enforce these Ordinances do
so in an arbitrary or capricious manner.
C/M Katz said this Ordinance relates to vacant lots or a
commercial piece of property on which a vehicle has no business.
He said it does not refer to a situation where permission is
granted by the owner for parking.
City Attorney Ruf said the words, "for any period of time" can be
removed and the Ordinance will have the same meaning.
Mayor Abramowitz said removing those words will make it easier to
understand.
Mayor Abramowitz OPENED the Public Hearing.
Irving Lopatey, resident, expressed his concern regarding moving
vans and trailers parked in residential areas. He said this Item
refers to commercial property and asked what Council will do
regarding the parking on residential property.
Anthony Grimaldi, resident, asked if there is anything that can be
done regarding the huge trucks and equipment the carnival brings
in and parks in the vacant lots and Mayor Abramowitz said as long
as they receive permission from the property owner, they are
permitted to park there.
Mayor Abramowitz asked if there is anything in the Ordinance that
gives someone the right to park at a location with the permission
City Council Regular Meeting
11/13/91/KJ
Page 5
of the landowner and C/M Katz said that was part of the intent of
the Ordinance.
City Attorney Ruf said that is not currently part of the
Ordinance. He said Council is trying to control weekend parking of
trailers and other vehicles. Discussion was held regarding this.
City Attorney Ruf said there is nothing in this Ordinance that
states that a person is excused from its enforcement if he has the
owner's permission. He said the Ordinance needs to be amended or
Tabled for changes.
TAPE 2
John Rex, resident, expressed his concerns regarding the City's
enforcement of current Ordinances and why it is necessary to add
new Ordinances for enforcement.
Mayor Abramowitz said it is physically impossible to have BSO
everywhere all of the time; however, they are able to follow-up
when a complaint is filed.
Mae Schreiber, resident of Kings Point, suggested Council consider
including private property in this Ordinance regarding parking.
Bernie Hart, resident, expressed his concern regarding moving vans
being parked in the Albertson's parking lot for days at a time and
feels that this is a form of free advertising for these companies.
Carl Alper, resident, suggested Council review the current Code
regarding parking.
Mayor Abramowitz CLOSED the Public Hearing.
C/W Glasser MOVED to TABLE Temp. Ord. #1579, SECONDED by
C/M Schumann.
VOTE: ALL VOTED AYE
2. RUBLIC__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.
Discussion continued from Page 3.
Anthony Grimaldi, resident, expressed his concern regarding the
condominium recycling.
Joe Schreiber, resident of Kings Point, asked that the Council
clarify the following items: 5.c., 6.a., 6.b., 7., and 16.
City Council Regular Meeting
11/13/91/KJ
Page 6
3. Items listed under Consent Agenda, Item 3, 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. MOTION_TO_APPROVE the City Council minutes of the
following meetings:
1.
09/03/91
- Special
Meeting
2.
09/17/91
- Special
Meeting
3.
09/25/91
- Regular
Meeting
4.
10/24/91
- Special
Meeting
5.
10/09/91
- Regular
Meeting
6.
10/30/91
- Special
Meeting
SYNOPSIS OF ACTION:
Removed 3.a.4. for
discussion
on Page 2.
See Page 8 for further
action.
APPROVED 3.a.1., 3.a.2., 3.a.3., 3.a.5.,
3.a.6.
b MOTION TO�APPRM renewal of a model sales permit and
waiver of the 300-foot distance requirement for issuance
of certificates of occupancy for TAMARAC GARDENS in
Building 12, Unit 107, for a six-month period from
12/13/91 to 6/13/92.
�0•Y;&��OYAWA
.�•
...�
c. MOTION TO APPROVE renewal of a model sales permit for
MISSION LAKES/CORAL CREEK in Unit 107 at 6900
Southgate Boulevard for a six-month period from 11/24/91
to 5/24/92.
d. MOTION TO APPROVE renewal of a model sales and
administrative facility permit for BOARDWALK
APARTMENTS (CONCORD VILLAGE II) in Building 10,
Unit 8650, for a six-month period from 12/25/91 to
6/25/92.
e. 1. MOTION TO APPROVE the Selection Committee's
ranking of the traffic engineering firms
interviewed in connection with Expression of
Interest EOI-91-02:
a. Kimley-Horn and Associates
b. Tinter and Associates
C. Walter Keller, Jr., and Associates
11
City Council Regular Meeting
11/13/91/KJ
Page 7
e. 2. MOTION TO APPROVE establishment of a Negotiating
Committee to negotiate a contract for future
Council consideration with the #1 ranked firm or,
if required, the #2 or #3 ranked firms in
connection with Expression of Interest EOI-91-02
for a traffic engineer. The Negotiating Committee
will include:
John P. Kelly, City Manager or Designee
Kelly Carpenter, Community Development Director
Mary Blasi, Finance Director
Gordon Sparks, Assistant City Engineer
SYNOPSIS OF ACTIONO
APPROVED 3.e.1. and 3.e.2.
g• permitting the
use of BROOKWOOD PLAZA for a craft fair sponsored by
Kit 'N Kaboodle, 7160 W. McNab Road, on November 16-17,
1991.
SYNOPSIS OF ACTION:
APPROVED
RESOLUTION R-91-198-PASSED
h. MOTION T P approving a
holiday tree sale by the Coral Springs Masonic Lodge
#373 from 11/29/91 through 12/24/91 on property located
at NW 64 Street and University Drive.
SYNOPSIS OF ACTION.- RESOLUTION R-91-199-PASSED
APPROVED
i 1 accepting a
5-foot TO
easement offered by Prospect
Commercial, Inc., for the TAMARAC AUTO CARE
CENTER PHASE II project.
2• MOTION TO ADOPT77 accepting a
5-foot sidewalk easement offered by Prospect
Commercial, Inc., for the TAMARAC AUTO CARE
CENTER PHASE II project.
SYNOPSIS .QE ACJIO :
APPROVED 3.i.1. and 3.i.2.
RESOLUTION R•-91-200-PASSED
RESOLUTION R-91-201-PASSED
7 accepting a bill
of sale for a water main extension offered by CML
Illinois Investment Group for the WESTPOINT project.
RESOLUTION R--91-202-PASSED
APPROVED
City Council Regular Meeting
11/13/91/KJ
Page 8
k. MOTION TO APPROVE the establishment of a Selection
Committee with regard to Expression of Interest
EOI--91-04 for the selection of a consultant/consulting
firm for professional services related to water,
sanitary and conservation rate studies. The Committee
shall include:
John P. Kelly, City Manager (or designee)
Michael Couzzo, Assistant City Manager/Public
Services Director
Peter Procopio, Utility Operations Manager
Mary Blasi, Finance Director
244 �•- • •�
F-11199116"T�r
V/M Bender MOVED to APPROVE the Consent Agenda, SECONDED by
C/M Schumann.
VOTE: ALL VOTED AYE
3. a. MOTION TO APPROVE the. City Council minutes of the
following meetings:
4. 10/24/91 - Special Meeting
SYNOPSIS OF ACTION:,
Removed 3.a.4. for discussion on Page 2 and a verbatim will be
made.
C/W Glasser referred to Page 4 of the minutes of October 24, 1991.
She requested that a verbatim transcript be done in order to be
explicit about her concerns regarding that item. 0
City Attorney Ruf suggested that the minutes of October 24, 1991
be removed for correction and all other minutes be approved.
C/M Katz MOVED to APPROVE the Consent Agenda with the exception
of Item 3.a.4., SECONDED by C/W Glasser.
VOTE:
ALL VOTED AYE
4. DISCUSSION AND_POSSIBLE ACTION on correspondence from
Attorney Andrew Siegel regarding payment of legal fees for
former Mayor Bernard Hart.
FINAL ACTION,_
Discussion was held.
Motion to pay legal fees failed.
City Manager Kelly said he received a letter from Attorney Andrew Siege
addressed to the City through City Attorney Ruf after the hearings were
conducted in Tallahassee and the determinations had been made. He said
this letter is a request that the City reconsider payment for a portion
of the fee and Mr. Siegel is present to clarify this request.
City Manager Kelly said this letter indicated that there were three
charges against former Mayor Bernie Hart which required defenses and at
the final order and public report of the Commission on Ethics granted on
October 29, 1991, dismissed one of the charges against him. He said Mr.
Hart advised him with Mr. Siegel's letter that it is his intent to file
a notice of appeal with the appropriate District Court of Appeal and to
pursue that appeal.
City Manager Kelly said Mr. Hart is asking for payment of a portion of
the fees by the City because he was not found guilty on one of the
City Council Regular Meeting
11/13/91/KJ
Page 9
charges. He said if this has been misstated, Mr. Siegel is present to
address it. He said for this reason, while Council had taken previous
action to deny, the action had been taken prior to the Ethics hearing
and subsequent to that hearing, this additional request came in for a
reconsideration based on those findings. He said the request is that
Council make a decision within 10 days, which is the purpose of this
item being agendized for this meeting.
Andrew Siegel, Attorney representing former Mayor Bernie Hart, said at
the previous Special meeting, Council expressed some concerns about
doing anything prior to the time that the Ethics Commission had actually
met. He said he did not understand the meeting to be a denial but to be
a deferral or a tabling of the matter until after the meeting took place
because there were some questions raised.
Mr. Siegel said a couple of the questions raised were whether or not the
City had the right to make prepayment and, in his letter to the City, he
addressed this through citing a particular case called "Lamella", which
is out of Broward County, out of this District and out of the Circuit
Courts that govern the Broward County 17th Judicial Circuit. He said
this case noted that there was a right to make prepayment where they
designated in their language that the attorney's fees could be prepaid.
Mr. Siegel said Council had some questions about what the Ethics
Commission was going to actually be doing. He said there were three
charges that were originally levied which are as follows: 1) failure to
report a gift, 2) Mr. Hart had asked for cable telephone, and 3) Mr.
Hart had accepted cable television.
Mr. Siegel said the "failure to report a gift" charge was dismissed
totally by the Ethics Commission so there was a "Not Guilty" finding
with regard to this charge. He said with regard to the "asking for
cable" charge, Counsel for the Ethics Commission told the Ethics
Commission that based on the record that he had reviewed, there was
nothing within the record or no evidence presented, that Mr. Hart had
made any requests for any type of cable television and that his
recommendation was that they also dismiss that charge for lack of
evidence.
Mr. Siegel said the Ethics Commission went against their Counsel's
advice and Mr. Hart intends to take this up on Appeal and he feels
extremely confident that this charge will be reversed as well. He said
the "acceptance of cable television" charge will also be reversed on
Appeal because he was cited and charged or found guilty of a Statute
different from the Statute that was originally cited in the charging
document, which is a 100% violation of the Laws and the Constitution of
the State of Florida.
Mr. Siegel said these are three separate charges, none of which were
connected to each other, each of which could have been individually
charged against him and heard on different days and, one of which there
was a "Not Guilty" found. He said this request or proposal is a
settlement.
Mr. Siegel said Mr. Hart is proposing to break down the fee into thirds
and if the City pays for one third because of being found innocent and
there were no charges, the charges were dismissed and he believes that
under the case law Mr. Hart is entitled to be paid for this. Mr. Siegel
said in regard to the other two charges, if the City will agree to pay
for the first one third, they will agree not to sue the City in the
future in order to recover these fees. He said they believe that Mr.
Hart is also entitled to be paid whether he is found guilty or not
guilty because the case law does not say that you are only entitled to
it if you are successful.
Mr. Siegel said he has reviewed all of the cases and he does not feel
that any one of the cases is contrary to the offer that has been made to
the City. He said it is a fair offer and that in prudence, it would make
sense for it to be adopted. He said they are only requesting "Liberty
and justice for all". He said he is not asking for liberty, because the
State Attorney refused to file any charges which would criminally
sanction Mr. Hart for any of,these particular violations so there is no
liberty at issue.
City Council Regular Meeting
11/13/91/KJ
Page 10
Mr. Siegel said all he is requesting is justice, and for Mr. Hart to be
treated just as any other member of the Council would be treated and had
been treated in the past with regard to being paid for attorney's fees
when he was successful with regard to a particular issue. He said
certain requests have been made upon the, City for freedom of information
and on March 1, 1991, the attorney's fees were paid for Dr. Bender with
regard to an individual lawsuit that he was involved in, which was
approved by Mayor Abramowitz for payment and approved by the City and
the attorneys.
Mr. Siegel said this request is basically for the same thing only they
are going one step further in saying that if nothing happens, as far as
the Ethics Commission, they will not sue the City for the additional two
thirds. He said this is a settlement proposal based on what they believe
the Law to be.
Mayor Abramowitz said a statement was made that Mr. Bender's legal fees
were paid pursuant to his instructions. He said the Council approved
this. He said it takes three votes of a Council to pass anything.
Mr. Siegel said he apologizes if he said it was with Mayor Abramowitz'
instructions. He said it was not with his instructions, but he did sign
the check.
C/W Glasser said Council did not approve that.
Mr. Siegel said he has all of the minutes of all of the meetings and it
was never brought before the Council and Mayor Abramowitz agreed.
Mr. Siegel said they are only asking for justice and simply want to
resolve the issue without protracted litigation and save the City the
legal costs. He said on another agenda item, Mayor Abramowitz addressed
being afraid of getting sued with regard to passing some particular
Ordinance.
C/M Katz said at the Special Council meeting that this was discussed, he
had stated his concerns of not allowing fair representation because
there was no prepayment. He said he had asked if the City has the right
of recovery and City Attorney Ruf said the City has the right to file a
Motion for Recovery in the event that the Appellate Court does not
uphold an innocent plea. He asked if this is what had transpired and
City Attorney Ruf agreed.
C/M Katz said City Council Agenda Item #4, November 13, 1991, he
referred to a letter from Attorney Andrew Siegel, dated November 4, 1991
addressed to City Attorney Ruf. He said there are four items for a
schedule of payment listed in this letter, if it was approved by
Council. He asked if the City could add, if it were approved, an Item
#5,. He said the City was to take a Confession of Judgment or a similar
interest so that in the event Items #3 and #4 were never approved or
were not upheld on an innocent plea in the Appellate Court, the City
would immediately have a summary Judgment for Recovery.
City Attorney Ruf quoted from the minutes of October 24, 1991, "City
Attorney Ruf said he feels that the City may be able to bring an action
but whether it is recoverable is something that cannot be answered at
the present time. He said he would need to do more research regarding
this." He said this is the precise answer that he had given at the
previous Special Council meeting regarding this.
City Attorney Ruf referred to the question of Confession of Judgment and
said he does not believe that there are Confessions of Judgment in
Florida but if the City were to reach a settlement and that was one of
the provisions of the settlement, the City could easily perfect the lien
or suit.
C/M Katz said City Attorney Ruf's concern was that even though he could
initiate a Motion for Recovery, whether or not it is recoverable. He
said he has no problem with approving a format providing, if he is not
upheld as innocent, the City would have a position where recovery of
the money can be enforced.
City Council Regular Meeting
11/13/91/KJ
Page 11
City Attorney Ruf said if that were part of a settlement, he is sure
that Mr. Siegel and he could work it out so that the City would have
protection.
Mayor Abramowitz said he stated at the Special Council meeting
specifically that Council should wait the one day for the outcome of the
hearings in Tallahassee and if Mr. Hart was found innocent of the
charges, he would have no problem paying his legal fees. He said the
City has received three letters from Mr. Siegel, each threatening to sue
the City. He read a portion of the memo he addressed to City Attorney
Ruf, dated October 29, 1991, as follows: "For the benefit of Council, I
would like a written, legal opinion and/or interpretation regarding the
request for payment of Bernie Hart's legal bills. We have spoken about
this many times at meetings and workshops, and at this time, I am
requesting that you give us a written opinion. I would also like a
written opinion from the Risk Manager regarding the payment of said
legal bills by the company that did, in fact, handle our insurance."
Mayor Abramowitz said the Council has received a letter from the Risk
Manager indicating that the company, after the second request, has
stated that they will not pay the legal fees. He said Council has
received a great deal of correspondence from the City Attorney. He said
the question was asked of Mr. Siegel by City Attorney Ruf, to cite one
case, one legal interpretation, one legal ruling, whereby someone who
has been ruled by that body as guilty, has had his legal fees paid. He
said as of this morning, he asked City Attorney Ruf if he had received
such indication and his answer was, no.
Mayor Abramowitz said he is one of five Cduncilmembers. He said this is
a delicate situation because Mr. Hart did perform in the service of the
City and he finds it difficult to make his judgment. He said he feels he
has a responsibility to the City.
C/W Glasser said prior to this case, the City had V/M Bender's case,
which was a case of defamation of character. She said at that point, the
case did not go forward because Mr. Bender decided to settle the case
with financial help from the City. She asked why that was the proper
thing to do and this case is not.
Mayor Abramowitz said he understood that the Risk Manager indicated to
Mr. Bender at that time, that he had every right to be defended by the
City.
Mayor Abramowitz said when Mr. Hart's submission of a bill first came
up, the first person that it went to was the Risk Manager. He said the
Risk Manager gave the City a written opinion at that time and Council
went back to the Risk Manager because Mr. Siegel had presented some
other facts and possibly this would make a change. He said the Risk
Manager then presented a second written opinion which was the same. He
said he is not passing judgment on the Risk Manager's interpretation of
what happened but is stating what the facts are.
C/W Glasser said Ms. Tillman, the Risk Manager's response to the Bernie
Hart case, in her opinion, said that the City was not insured for that
type of case with the League of Cities.
City Attorney Ruf asked if this is regarding Mr. Hart's Ethics violation
and C/W Glasser said, yes.
City Attorney Ruf said he does not have the Risk Manager's
correspondence with him at the present time. He said the insurance
company has made a decision that it does not fall into their
jurisdiction.
C/W Glasser said it is not because Mr. Hart was guilty or not guilty but
because that type of case was not covered and City Attorney Ruf agreed
and said the insurance company made no decision as to his guilt or
innocence.
City Attorney Ruf said sometimes, the fact that an insurance company
happens to say that there is no coverage, does not mean ultimately that
there is no coverage. He said this -could be looked at in a declaratory
judgment action also.
City Council Regular Meeting
11/13/91/KJ
Page 12
V/M Bender said when his situation arose, it was investigated by the
Charter Board, the State Attorney's office and the Ethics Commission and
in each case it was dismissed. He said no basis was found of any wrong
doing and he did not receive any money. He said whatever services were
rendered for his defense, where undertaken by the City as a result of
the Risk Manager making a decision. He said at that time, the City was
self -insured. He said he is not an attorney and cannot rule or comment
on the legalities on his issue versus that of Mr. Hart.
C/M Katz said at the hearing of the Ethics Commission at the County, th
question kept arising of whether in fact, this refers to the charge that
Mr. Hart asked for cable and no one came forth. He said representatives
of American Cable, representatives of those whose depositions were
taken, such as former Councilmembers, Mr. Stein and Helen Massaro were
there, and nobody came forth and said that Mr. Hart had ever asked for
the cable. He said the City is addressing a situation on a charge which
was declared null and void at the original hearing that he attended
downtown Fort Lauderdale.
C/M Katz said the City is limiting itself to one charge because the
attorneys at the hearings suggested that there was no basis for the
charge. He said he feels this was something that they wanted to continue
because they had started it.
Mayor Abramowitz asked what they found him guilty of and C/M Katz said
the attorney for the Ethics Commission said there was no basis in fact,
based on all of the representations made at that hearing, that Mr. Hart
asked for cable television. He said this was from Dan Olmetti, Helen
Massaro and Mr. Stein. He said this had to be from everybody who
responded to a subpoena. He said he can only see one charge that will
probably be declared null and void again at an Appellate Court hearing.
C/M Katz MOVED to go with the recommendation, but to include an Item
#5.
C/M Katz said he would like a guarantee that this City is going to pay
for his defense and he feels that Mr. Hart should be afforded the same.
C/M Katz MOVED that based on the schedule of payments, that the City
include an Item #5, which referred to a Confession of Judgment or a
similar instrument, that will guarantee payment to the City of the
third, in the event that Mr. Hart is not found innocent of the charges
at the time of his Appellate Court hearing, SECONDED by C/W Glasser.
Mr. Hart said he wanted to be sure one thing is very clear in
everybody's mind. He said he has to listen to people in the audience
were prompted to make accusations but he is not going to sue them. He
said at the Special Council meeting, when the Vote came up as to whether
his expenses should be paid, he is entitled to a defense and a defense
is not when a case is decided, but is while he is trying to defend
himself. He said he has not been provided any defense by Council.
TAPE 3
Mr. Hart said one Councilmember who voted against it said that he has
not been able to prove in his own mind that he is guilty. He said twelve
people appeared at the Council meeting complaining about the service
that they were getting on the picture they were getting from Continental
Cable Company. He asked if this was in the public interest to monitor
the cable to prove whether those citizens were right or wrong. He said
when the increase was granted, it was granted conditionally after a fou
month period to be effective if all complaints were adjudicated by the
Company. He asked if it was in the public interest for somebody to
monitor that cable for four months to find out if it was correct.
Mr. Hart said when the City lost the right to the Federal Government to
grant increases or decreases, the City still franchised that company. He
asked if it is the responsibility of the Council and the Mayor to
monitor that cable service to find out if they are living up to their
franchises. He asked if this is in the public interest. He said before
he was sworn in as Mayor, for 12 years under previous Mayors, cable
television was being monitored free of charge for the purpose of
monitoring that service. He asked if this was in the public interest. He
City Council Regular Meeting
11/13/91/KJ
Page 13
asked why it is not in his public interest but it was in everybody
else's public interest.
Mayor Abramowitz referred to the comment that somebody who spoke was
prompted. He asked what was meant by this and Mr. Hart said he was
notified on Monday, November 11, 1991 from a very reliable source, that
there is a certain member of this Council that was getting people to
speak against this Motion.
Mayor Abramowitz asked who the certain person on Council is and Mr. Hart
said he will not give the name unless it is necessary in a court action.
Mayor Abramowitz requested that the Motion be reread.
City Clerk Evans read, "Based on the schedule of payments included in
Mr. Siegel's letter, to include a #5 with words referred to as
"Confession of Judgment" or,similar language, that will guarantee
payment to the City in the amount of the third, in the event that Mr.
Hart is found innocent of charges at the Appellate level".
C/M Katz asked what it means if Items #3 and #4 are not upheld in
Appellate Court and C/M Schumann said that is very disjointed and
difficult to understand.
Mr. Siegel said he is not asking for anything that is pending but for
the third that had been dismissed and the fees for the other two charges
will remain with the City. He said if the second charge is dismissed,
the request for payment will be made and the same for the third charge.
Mayor Abramowitz said he understood that if they were paid for a third,
Mr. Siegel indicated that they would not sue the City.
Mr. Siegel said they are only asking for a third if they are successful
with each particular item.
V/M Bender requested the Motion be restated correctly.
C/W Glasser said based upon the letter received from Mr. Siegel, she got
the indication that he felt that this was not paid at all and that he,
for Mr. Hart, can sue the City as well as individual Councilmembers and
Mr. Siegel agreed.
C/W Glasser said the City and Councilmembers could be facing more legal
fees by not paying the one third and Mr, Siegel agreed.
C/W Glasser asked if he is saying that if the Council agrees to pay the
one third, Mr. Siegel will not sue the City and will go on to accept
payments based on the winnings and Mr. Siegel agreed.
C/W Glasser asked if they will come back to sue the City if they do not
win and Mr. Siegel said they will waive the right to sue the City as
long as Council agrees.
Mayor Abramowitz asked if he can be sued individually if he casts a vote
that someone does not agree with under the Civil Rights Act and City
Attorney Ruf said anybody can be sued for anything.
City Attorney Ruf said the question is whether or not they would
ultimately be liable. He said he feels that it is important. He said he
understands the Council to not be ,clear on the settlement proposal. He
said the settlement proposal is set forth in four paragraphs on the
second page of Mr. Siegel's letter dated November 4, 1991. He requested
that Council ask any questions that might make it clear to them. He read
from the settlement proposal as follows:
"l. Mr, Hart will be reimbursed immediately for one third of his
legal fees and costs incurred through October 31, 1991
related to the successful defense of one of the charges
before the Commission on Ethics,"
City Attorney Ruf said currently the legal fees and costs total
approximately $39,000 and one third is approximately $13,000. He said he
has no first hand knowledge, other than what Mr. Siegel has represented,
City Council Regular Meeting
11/13/91/KJ
Page 14
as to what the decision of the Commission on Ethics has been. He said he
has never seen a judgment on this. He said he would assume that what is
being represented is correct.
Mr. Siegel said as an Officer of the Court under Oath, this is the true
representation.
City Attorney Ruf continued to read from the settlement proposal as
follows:
112. Mr. Hart agrees not to institute litigation against the City
with respect to the remaining legal fees at this time and
will waive reimbursement of the remaining legal fees by the
City if he does not prevail when his appeal remedies have
been exhausted.
3. If Mr. Hart is successful in his defense of the pending two
charges, the City will reimburse his legal fees and expenses
relating to his defense thereof, not paid, pursuant to
paragraph 1, which is the one third and any additional legal
fees and costs which are incurred by him through his appeal,
4. If Mr. Hart is successful on appeal in one of the two
remaining charges, he will receive one half of the fees and
costs which are not reimbursed at this time through October
31, 1991 and one half of the fees and costs expended by him
in the appellate process. This will reflect a pro rata
reimbursement of his defense costs based upon his having
successfully defended one half of the remaining charges
against him."
City Attorney Ruf said C/M Katz has requested a fifth issue that he and
Mr. Siegel, if this is approved, work out language which would assure
the City a favorable position of a return of the one third if he were
not found innocent completely and C/M Katz agreed.
C/M Katz said this is a question that he posed at the Special Council
meeting regarding Mr. Hart's case where City Attorney Ruf had stated
that the City would be able to file a Motion for Recovery. He said he
would like this put into language so that the City would be protected.
Mayor Abramowitz asked what would happen if something like this took
place and Mr. Hart went into bankruptcy and City Attorney Ruf said the
City would probably be no better off than any other nonsecured creditor
which is that this obligation would not be paid to the City.
C/M Katz asked if the Confession of Judgment would not allow the City to
be a creditor and City Attorney Ruf said, no.
City Attorney Ruf said even if he were to allow the City to put a
Judgment of Record, subject to future execution, those judgments are
extinguished in bankruptcy.
Mr. Siegel said he understands that C/M Katz is saying that if Mr. Hart
is not successful with everything, they have to repay the City all of
the money they have already been paid and C/M Katz agreed.
C/W Glasser asked what the outcome would be if they are successful with
one and not the other and C/M Katz said that is what Mr. Siegel
addressed, which is the basis he made on the original discussion
regarding this.
C/M Katz said if Mr. Siegel was successful in eliminating one charge of
the two, then he would not have to'repay the third that the City is
going to pay him, if this is approved,
Mr. Siegel said he needs to understand this to explain it to Mr. Hart
because it is confusing to him.
City Attorney Ruf said it is confusing to him and Mayor Abramowitz
agreed.
City Council Regular Meeting,
11/13/91/KJ
Page 15
LJ
There was extensive discussion concerning C/M Katz's request for a fifth
issue.
City Attorney Ruf said he believes he understands what has just been
stated by C/M Katz and the language can be worked out. He said he
understands C/M Katz as stating that if Mr. Siegel is unsuccessful in
his appeal on either issue, then the one third would be repaid.
C/M Katz said if he is found guilty on both charges.
C/W Glasser said she feels the issue at hand should be the way the
attorneys expressed it in Items 1 through 4. She said she feels that is
what should be voted on and Mayor Abramowitz agreed.
C/W Glasser WITHDREW the SECOND.
C/M Katz WITHDREW the MOTION.
C/W Glasser MOVED to APPROVE the settlement outlined in Mr. Siegel's
letter of November 4, 1991, SECONDED by C/M Katz.
VOTE:
V/M Sender - NAY
C/M Katz - AYE
C/M Schumann - NAY
C/W Glasser asked if she has a conflict of interest in this case and
City Attorney Ruf said with everything he knows, his opinion is that she
does not have a conflict of interest and that she should vote.
C/W Glasser - AYE
Mayor Abramowitz - NAY
H,T&, The Motion failed.
5. a. MOTION TO APPROVE TUW Project #88-10, Design of Raw
Water Wells 16 through 19 and Construction of Wells 16
and 17 at an estimated total project cost of
$325,000.00.
b. XQJION TO APPZQVE the transfer of $325, 000 . 00 from
Budgetary Retained Earnings CIAC Fund Account
432-371-586-975 to TUW Project 88--10 Account
#432-363-533-6HI to fund this project.
C. Addendum #34 to the contract with
Hazen & Sawyer, P.C., in the amount of $46,250.00 to
provide professional engineering services for TUW
Project 88-10.
TABLED 5.a., 5.b. and 5.c.
Mayor Abramowitz requested that Council Table Items 5.a., 5.b.,
and 5.c. and requested that City Manager Kelly contact Broward
County and discuss these items. He said the City is being asked to
spend $325,000 on the construction of some new roads, but there is
a move afoot to have Broward County come to the western portion of
the County to drill wells due to salt water intrusion. He said he
does not want Tamarac to be double taxed.
C/M Katz MOVED to TABLE Items 5.a., 5.b. and 5.c., SECONDED by
C/M Schumann,
VOTE:
ALL VOTED AYE
Mayor Abramowitz RECESSED and RECONVENED this meeting at
8:55 p.m. with ALL PRESENT.
City Council Regular Meeting
11/13/91/KJ
Page 16
6. a. MOTION :CQ AJDOPT Te Reso. #6179 approving a plat
entitled TAMARAC TRACT 24 PLAT.
b. approving
Development Order #281, along with a Blanket Public
Ingress/Egress Easement and a Development Review
Agreement, for TAMARAC TRACT 24 PLAT.
(located on the southeast corner of Nab Hill Road and
NW 81 Street)
RESOLUTION R-91-203-PASSED
SYNOPSIS OF ACTION: RESOLUTION R-91-204-PASSED
APPROVED 6.a. and 6.b.
6.a. City Attorney Ruf read Temp. Reso. #6179 by title.
Kelly Carpenter, Director of Community Development, said this is
an application for approval of the Tract 24 Plat, which is a final
plat. She said it is a 20.017 acre site on the southeast corner of
Nob Hill Road and NW 81 Street. She said the request for this plat
is in compliance with all of the elements of the Comprehensive
Plan. She said the parcel is currently zoned R-4A and was rezoned
by the Council and has a court order density of 15 dwelling units
to the acre.
Ms. Carpenter said as a part of the rezoning case, the applicant
voluntarily agreed to 300 units, the smallest of which would be
700 square feet in size and no three story buildings on either NW
96 Avenue or NW 81 Street.
Ms. Carpenter said this approval of the plat does not constitute a
local concurrency review, which is done at the time of site plan.
She said the Planning Commission and Staff recommend approval of
this plat.
C/M Katz MOVED to APPROVE Temp. Reso. #6179, SECONDED by
V/M Bender.
VOTE: ALL VOTED AYE
6.b. City Attorney Ruf read Temp. Reso. #6180 by title.
C/M Katz MOVED to APPROVE Temp. Reso. #6180, SECONDED by
C/M Schumann.
Ms. Carpenter said this includes the documents to accompany the
plat.
VOTE: ALL VOTED AYE
7. MOTION TO APPROVE waiver to Section 24-635 of the Code to
allow a chain link fence up to 8-feet in height for security
purposes along NW 44 Street, NW 64 Avenue and the west side
of the WRBD site requested by WOODLANDS COUNTRY CLUB.
Petition #61-Z-91
SYNOPSIS OF ACTION --
APPROVED subject to City Attorney's approval of a hold harmless
agreement. Request for barbed wire was withdrawn by applicant.
Ms. Carpenter said it is her understanding that the Woodlands
Country Club desires to withdraw their request for the barbed
wire. She said Woodlands has provided the Staff with a hold
harmless agreement with respect to the fence around the property
and a statement from its insurance company as to the liabilities
involved.
City Council Regular Meeting
11/13/91/KJ
Page 17
V/M Bender requested that the. Motion be amended to state the
withdrawal of the barbed wire by the applicant.
City Attorney Ruf said this would be a waiver to the Code to allow
a chain link fence up to 8-feet in height for security purposes.
C/W Glasser MOVED to APPROVE Item 7. as amended, SECONDED by
C/M Schumann.
C/M Schumann asked the term of the agreement since there is a
beginning date of November 13, 1991.
Murray Meisner, President of Woodlands Country Club, said this
hold harmless agreement was requested of them today. He said he
has no objection to placing a specific date on it.
City Attorney Ruf said he feels that this hold harmless agreement
is excessively broad and Woodlands is giving the City more than
what they should. He suggested Council approve this, subject to
the City Attorney's approval of an appropriate hold harmless
agreement. He said he will work with the attorneys for Woodlands
Country Club for an appropriate hold harmless agreement and Mr.
Meisner agreed.
C/M Schumann asked if the City is co-insured under the policy with
Brown and Brown and Mr. Meisner said the City is included under
this policy.
C/M Katz said he would like to have some shrubbery and greenery
included in front of the fence and Mr. Meisner said it will be
heavily landscaped.
C/M Katz said there is currently barbed wire on the fences
surrounding the maintenance and storage buildings and Mr. Meisner
said the barbed wire will come down if it currently exists.
VOTE: ALL VOTED AYE
8. a. MOTJ,QN— TO ADOPT TeMR. Rg'7,Q, #6174 authorizing the
appropriate City officials to execute an agreement with
Scharf & Associates, Inc.,, to provide architectural and
engineering services to the City as needed (Expression
of Interest EOI-90-01).
b. MOTION TO --ADOPT Tema. Egso. #6175 authorizing the
appropriate City officials to execute an agreement with
Robert S. Walters, AIA, P.A., to provide architectural
and engineering services to the City as needed
(Expression of Interest EOI-90-01.
SYNOPSIS OFACTION: RESOLUTION R-91-205-PASSED
APPROVED 8.a.
TABLED 8.b. at the City Manager's request to a Special Council
Meeting to be held on Monday,'November 18, 1991.
8.a. City Attorney Ruf read Temp. Reso. #6174 by title.
C/M Katz MOVED to APPROVE Temp. Reso. #6174, SECONDED by
C/M Schumann.
City Manager Kelly said Council has authorized Staff to enter into
a negotiation selection with two firms which would be providing
the City with ongoing architectural and engineering services as
determined by the City. He said these are the two contracts that
are a result of the negotiations. He said the contracts provide
for a one year term, renewable at the City's option to extend it
up to three years and will allow the City to rotate between the
two firms for projects that may come up. He recommended approval.
VOTE: ALL VOTED AYE
City Council Regular Meeting
11/13/91/KJ
Page 18
8.b. City Attorney Ruf read Temp. Reso. #6175 by title.
C/M Schumann MOVED to APPROVE Temp. Reso. #6175, SECONDED by
V/M Bender.
City Manager Kelly said the payment schedule has not been attached
to this document and requested a Tabling of this item to Monday,
November 18, 1991 for a completed package to Council.
C/M Katz MOVED to TABLE Temp. Reso. #6175 at the request of
the City Manager, SECONDED by C/W Glasser.
VOTE: ALL VOTED AYE
9. MOTION TO ADOPT Temp. Re,gg,#fi171 establishing a
Recognition and/or Memorial Bleacher Program at the Tamarac
Multi -Purpose Recreation Center.
RESOLUTION R-91--206-PASSED
APPROVED
City Attorney Ruf read Temp. Reso. #6171 by title.
C/W Glasser MOVED to APPROVE Temp. Reso. #6171, SECONDED by
C/M Schumann.
Assistant City Manager Dina McDermott said this is a Recognition
and/or Memorial Bleacher Program for the Multi -Purpose Center in
the gym. She said the program entails that the residents may
donate $25 and will receive a recognition name plate, in the name
of their choice, to be installed on a bleacher seat in the gym.
She said there are approximately 300 bleacher seats which will
give the City approximately $7,500 in revenue. She said this
revenue will be used for additional gym equipment.
VOTE: ALL VOTED AYE
10. MOTION TO ADOPT TeMR. Reso. #6172 establishing a
Recognition and/or Memorial Tree Program.
SYNOPSIS QF,,,,ACTION' RESOLUTION R-91-207-PASSED
APPROVED
City Attorney Ruf read Temp. Reso. #6172 by title.
C/M Katz MOVED to APPROVE Temp. Reso. #6172, SECONDED by
V/M Bender.
Assistant City Manager McDermott said this is a new program that
establishes a Recognition and/or Memorial Tree Program. She said
the residents may donate funds to the City for the purchase and
planting of trees in recognition or memory of loved ones. She said
the trees will be planted in City parks, median strips and other
City owned property at the discretion of the donor. She said the
Community Development Department will administer the program.
C/W Glasser asked what the City is charging for this and Assistant
City Manager McDermott said the price will range from $50 to $100,
which would be the actual cost of the tree determined by the size,
quality and type of tree being purchased.
Mayor Abramowitz asked if there will be a plaque or some type of
identification to signify the donor or memorial and Assistant City
Manager McDermott said there will be an honor roll located in City
Hall.
Mayor Abramowitz asked if it would be possible to have some type
of identification at the location that the tree is planted and
City Manager Kelly said there is a vandalism aspect to consider.
VOTE: ALL VOTED AYE
City Council
11/13/91/KJ
Page 19
TAPE 4
Regular Meeting
11, authorizing the
appropriate City officials to execute an Agreement between
Broward County and.the North Cities, consisting of Coconut
Creek, Lauderhill, Margate, North Lauderdale and Tamarac, for
Fourth Year Recycling`Grant Program in the amount of
$284,046.00.
RESOLUTION R-91--208-PASSED
APPROVED
City Attorney Ruf read Temp. Reso. #6173 by title.
C/M Katz MOVED to APPROVE Temp. Reso. #6173, SECONDED by
C/M Schumann,
Assistant City Manager McDermott said this is an agreement between
Broward County and the North Cities Group to provide for Fourth
Year Grant Funds in the amount of $284,046. She said these funds
will allow the City to purchase additional recycling containers
and vehicles to begin a recycling program for multi -family units.
She said the North Cities Group recently went out for bids and the
bid opening is tomorrow.
Assistant City Manager McDermott said the program provides for
expansion of the single-family recycling to include clear glass
and aluminum and to implement a multi -family recycling program
which includes condos, apartments, villas, townhouses, duplexes
and any other similar facility,
Assistant City Manager McDermott said the multi -family recycling
will include newspaper and aluminum can recycleables. She said
after the bids are opened, the North Cities Group will review the
bids and begin negotiations. She said the City can award the bid
to collect clear glass and aluminum at single-family home sites to
another vendor,
Mayor Abramowitz said the City has refused to sign the contract
giving Waste Management seven years more on the current contract.
City Manager Kelly said this is an agreement accepting monies from
Broward County to this Group and must be returned to Broward
County by November 20, 1991.
V/M Bender asked who is going to be responsible for administering
this Group and City Manager Kelly said Coconut Creek has assumed
the majority of the responsibility with their Attorney working on
the coordination of this.
City Manager Kelly said he, Mayor Lieberman, Steve McGee and the
representatives from Margate and North Lauderdale are all involved
with this. Further discussion was held regarding this.
V/M Bender said the City should share in some of the profits that
are generated from the recycling program. He said there are other
cities in the United States that have a clause in their contract
which, in exchange for the right to do business in their City, the
City is entitled to receive a percentage of the profits.
Discussion was held regarding this.
Mayor Abramowitz said Waste Management's contention was that it
costs them from $1.08 to $1.19 per family per month to do
recycling of the paper. He said they had calculated that they
would be able to do the paper recycling for $.76. He said aluminum
was approximately $200 per ton at the time the recyling began and
at present, aluminum is approximately $90 per ton. He said this is
not a revenue producing item at this time. Further discussion was
held regarding the recyling contract.
VOTE: ALL VOTED AYE
City Council Regular Meeting
11/13/91/KJ
Page 20
12. MOTION TO ADOPT Temv. Reso. #6181 authorizing the
appropriate City officials to execute a Letter of
Understanding between the Cities of Lauderhill, Lauderdale
Lakes and Tamarac for the purpose of a pilot program entitled
"Tri-City Commercial Recycling Program".
SYNOPSIS QX ACTION: RESOLUTION R-91-209-PASSED
APPROVED
City Attorney Ruf read Temp. Reno. #6181 by title.
C/M Katz MOVED to APPROVE Temp. Reso. #6181, SECONDED by
C/M Schumann.
Assistant City Manager McDermott said this is a Letter of
Understanding between Lauderdale Lakes, Lauderhill and Tamarac to
outline the Tri-City Commercial Recycling Program with the
businesses located on the 441 corridor. She said Tamarac will
provide two drivers once a month to pick up recycleables on the
corridor and will begin on December 1, 1991.
Assistant City Manager McDermott said the Tri-City Group received
$77,000 last year in grant funds from Broward County to implement
a recycling program for business along the 441 corridor. She said
the City of Lauderhill is the program administrator and the Tri-
City Group recently purchased a recycling truck to perform in-
house recycling. She said each City will operate the recycling
truck once every three weeks.
Assistant City Manager McDermott said in Tamarac, approximately 37
out of 125 businesses have signed up for this one year pilot
program. She said the City will receive any revenue recovered from
the days Tamarac handles the truck.
Assistant City Manager McDermott said there have been four massive
mailings during the past year and town hall meetings will be held
for discussion.
Mayor Abramowitz suggested that one of the Code Enforcement
Officers visit the various businesses in the 441 corridor to
generate interest.
City Manager Kelly said he will find an appropriate Staff member
to do this.
VOTE: ALL VOTED AYE
15. MOTION TO ADOPT Temp. Ord. #1580 on first reading
amending Article III of Chapter 16 of the Code to provide a
deadline for Pension Plan participants' filing of claims for
disability pension benefits after termination of employment
with the City.
SYNOPSIS OF ACTIQN__
APPROVED on first reading. Public Hearing and second reading will
be held at the Regular City Council meeting on Wednesday, November
27, 1991,
City Attorney Ruf read Temp. Ord. #1580 by title.
City Manager Kelly said the Attorney for the City's Pension Board
has made a recommendation for the Council to take this action. He
said this Ordinance imposes a 90-day limitation for a City
employee to apply for his or her disability benefit. He
recommended approval.
V/M Bender MOVED to APPROVE Temp. Ord. #1580 on first reading,
SECONDED by C/M Schumann.
VOTE: ALL VOTED AYE
City Council Regular Meeting
11/13/91/KJ
Page 21
16. MOTION TO ADOPT Tamp. Ord. #1581 on first reading
creating a new Section 14-39 of the Code to provide for a
definition of motor vehicle and providing for a prohibition
of the parking and display of motor vehicles for sale on any
public right-of-way'or on any private property.
SY.N4PzS OF ACTION;,
Discussion was held.
TABLED
City Attorney Ruf read Temp. Ord. #1581 by title.
Mayor Abramowitz asked what "private property" means and City
Attorney Ruf referred to Section C of the Ordinance, which states,
"Exempted from the prohibition of this section are the following:
1. Duly authorized and properly licensed commercial
establishments that engage in the sale or lease of motor
vehicles.
2. Residents of private, residential premises, seeking to
sell only one motor vehicle at any particular time,
which motor vehicle is owned by a member of that
household and which motor vehicle is parked and
displayed upon a paved portion of the residential
premises."
Mayor Abramowitz asked if this addresses the sale of vehicles at
gas stations and City Attorney Ruf said it does address the gas
stations and the only exemption is the same as above, Item 1 of
Section C.
City Attorney Ruf suggested that Council pass this on first
reading and define this problem prior to second reading or to
Table this Ordinance.
C/W Glasser asked what happens in a case where someone is selling
their car and they drive the car and City 'Attorney Ruf said they
must remove the sign from their window, which is the way the
Ordinance is currently written.
C/M Katz MOVED to TABLE Temp. Ord. #1581, SECONDED by
C/W Glasser.
VOTE: ALL VOTED AYE
17. City Council
C/M Schumann said at the exit coming from Midway Plaza onto
University Drive, there are two east bound lanes from the shopping
center where the right lane shows a right turn arrow and a
straight arrow which needs to be repainted and City Manager Kelly
said he will review this.
C/M Katz said he and C/W Glasser attended a Legislative Conference
of the Florida League of Cities in Tallahassee. He said there was
a legislative policy statement that was approved by the individual
members from the cities representing the Florida League of Cities.
He said some of the input he had given in August in Tampa, was
included in this legislative agreement and will be presented to
the Legislature in January, 1992.
C/M Katz -said the City does not have the right to create a fee or
tax structure which will add to the revenue of the City. He said
this will -be added to the revenue of the City without hurting any
of the residents.
C/W Glasser said there was a carnival held in the City in the past
week. She said she has received complaints from the residents who
City Council Regular Meeting
11/13/91/KJ
Page 22
reside directly behind the location of the carnival regarding the
noise and the set up of the carnival. She suggested Council create
an Ordinance requiring a layout plan of how the carnival people
intend to set up.
C/W Glasser said the City has been advertising for a full-time
City Attorney and has received approximately 30 applications. She
asked what the timeframe is for reviewing these applications and
Mayor Abramowitz said there is a Special Council meeting set for
Monday, November 18, 1991 and this will be discussed at that time.
V/M Bender - No report.
Mayor Abramowitz said he received a memo regarding the financing
opportunities of the City to make some substantial profit in the
refinancing of the City's bonds. He requested that City Manager
Kelly gather whatever information he can regarding this.
V/M Bender said the Investment Advisory Board has discussed this
in great detail. He suggested City Manager Kelly confer with the
Board for assistance and City Manager Kelly agreed.
Mayor Abramowitz said he received a request from FP&L to put
Tamarac on their preferred list. He said Margate, Plantation,
Lauderhill, Miami and Pompano Beach are on this list. He said the
City would realize approximately $35,000 annually. He said he
would like to discuss this in detail at another Council meeting.
He said all the businesses in the Utilities System have their own
generators. He said FP&L has a program whereby they will pay a
percentage of what it costs in FP&L fees and they have determined
that in Tamarac, it is between $25,000 and $35,000. He said if at
any time FP&L feels that there is a brown out they will contact
the City for utilization of the City's generators to run the
Utility Plant at that specific time.
Mayor Abramowitz said the generators are on a continual
maintenance basis and he requested further information.
City Manager Kelly said he has a meeting with FP&L on Monday,
November 18, 1991 to discuss this.
Mayor Abramowitz said the City had received some trees from the
County that were designated to be planted on Nob Hill Road only.
He said the County will be providing Mohagany, Black Oak and
Pigeon Plum trees, which will need to be planted.
City Manager Kelly said the Council needs to make two appointments
to the Forestry Committee.
City Manager Kelly requested an Expression from Council regarding
the holidays. He said he needs authorization for the City to allow
employees to have a half day off on Christmas Eve and again on New
Year's Eve or opt to have one full day. He said it is less
expensive for the City to close for a full day. He recommended
that the City close on Christmas Eve and all agreed.
With no further business, Mayor Abramowitz ADJOURNED this meeting
at 10:00 p.m.
ABR
CITY OF TAM�AC N RMAMAYORAMOWTTZ
CAROL A. EVANS APPROVED AT MEETING OF
CITY CLERK 7 c
City Clerk
"This public document was promulgated at a cost of $275.-3-5 or
$6.12 per copy to inform the general public, public officers and
employees of recent opinions and considerations of the City
Council of the City of Tamarac."
TO:
FROM:
SUBJECT:
DATE:
CITY OF TAMARAC
INTEROFFICE MEMORANDUM
C/A NO. 9112--9801
Councilwoman Diane Glasser
Alan F. Ruf, City Attorney �(55`
The Hart Legal Fees/Conflict Of Interest Statute
December 5, 1991
I have within the last week discovered that a change has
been made in Florida Statute 112.3143 with respect to voting
conflicts. That change in the law was effective October 1,
1991. I am enclosing for your information a copy of the
amended law.
Regretably, the change in the law directly affects the
opinion I rendered with respect to your vote on the payment
of Bernie Hart's legal fees to the law firm of Glasser &
Boreth. I should have advised you that you were prohibited
from voting on that matter. I apologize to you and I regret
that I was not familiar with the change in the law.
As a practical matter, no legislative harm was done
since the vote to pay the fees failed. I am, by a copy of
this memorandum, advising the City Clerk that your vote was
not in violation of the statute since you voted at my direc-
tion and with my approval. In the future, however, you may
not vote on this issue nor on the payment of legal fees to
the law firm of Glasser & Boreth in any other matter in which
they may represent the City or any of its elected officials
or employees.
AFR:beo
Enclosure.
cc: John P. Kelly, City Manager
Carol A. Evans, City Clerk
Mayor and Council Reading File
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