Loading...
HomeMy WebLinkAbout1991-01-29 - City Commission Special Meeting MinutesCity Council Special Meeting 1/29/91/KJ Page 1 CITY OF TAMARAC CITY COUNCIL SPECIAL COUNCIL MEETING TUESDAY, JANUARY 29, 1991 CALL 19 ORDER, Mayor Abramowitz called this meeting to Order on Tuesday, January 29, 1991 at 10:30 a.m, in Conference Room 1, City Hall, PRESENT: Mayor Norman Abramowitz Vice Mayor Bruce Hoffman Councilman Dr. H. Larry Bender Councilman Henry Schumann Councilman Henry Rohr John P. Kelly, City Manager Alan F. Ruf, City Attorney Kelly Carpenter, Director of Community Development Dina McDermott, Assistant City Manager (entered at 11:10 a.m.) Abbe Hoctor, Development Review Planner Jim Budzinski, Fire Marshal Karen Jackson, Secretary Robert Huebner, representing FP&L Andrew Maurodis, representing FP&L 2• authorizing the appropriate City officials to execute a lease agreement between the City of Tamarac and the School Board of Broward County for the Multi -Purpose Center. RESOLUTION #R-91-20-PASSED Agendized by Consent. (See Page 7 for Final Action.) * V/M Hoffman MOVED to AGENDIZE this item by Consent, SECONDED by * C/M Rohr. VOTE: ALL VOTED AYE 3, DISCUSSION MD POSSTRLM ACTIQX regarding authorization for the City Attorney to hire special counsel for the lawsuit regarding INPACT and the City of Tamarac. Agendized by Consent. (See Page 8 for Final Action.) City Attorney Ruf requested permission for the City to hire special Counsel for the INPACT law suit. * V/M Hoffman MOVED to AGENDIZE this item by Consent, SECONDED by * C/M Rohr. VOTE: C/M Schumann - NAY V/M Hoffman AYE C/M Bender - AYE C/M Rohr - AYE Mayor Abramowitz - AYE City Council Special Meeting 1/29/91/KJ P ge 2 tr MOTION TO ADOPT TeMR. Ileso. #5972 approving a pl t for FP&L CONSERVATION SUBSTATION project. la b• approving a si e plan and associated documents for Florida Power & Li ht Company CONSERVATION SUBSTATION project. (located at the northwest corner of Commercial Boule ar and the Sawgrass Expressway) RESOLUTION #R-91-18-PAS E RESOLUTION #R-91-19-PAS E a. APPROVED. b. APPROVED contingent upon receipt, review, and approval of th A torney with respect to an indemnification agreement on a publ easement; the City Attorneys review of the certification of a transmission line location; the amendments to the six items in 4c mments of the Director of Community Development; and the $60, a dition to the landscaping plan at the site. 1 c� sl he 0( a. City Attorney Ruf read Temp. Reso. #5972 by title. C/M Rohr MOVED to APPROVE Temp. Reso. #5972, SECONDS b V/M Hoffman. C/M Schumann said he is fully familiar with this operation b virtue of sitting on the Site Plan Committee; however, he b e to the fact that an 88 page document was delivered to him approximately 1-1/2 hours prior to this meeting. He said h r a lot of correspondence in this dated January 2, 1991 and 7aru 25, 1991, that he was not privy to. He said it is difficult It read this in such a short time prior to a hearing. He req e t this type of documentation be delivered to Council at an e r i time for briefing. Mayor Abramowitz requested this be handled as early as pos i unless there is a reason it cannot be done. Kelly Carpenter, Director of Community Development, said t is an application by FP&L for a 31.53 acre plat approval in t e southwest section of Land Section 7 in Tamarac. She said P& joined in this application by the Expressway Authority whi h a portion of the land for which FP&L is the contract purchase She said Chapter 21 of the Code of Ordinances provides cri er for the review of the plats. She said the Land Use Plan designates this portion of Tamarac as Utility. She said the are appropriately zoned Special Utility, Ms. Carpenter said the City has been working for and again!t project since January, 1989, when FP&L first made its appl ca to the State of Florida for the transmission siting approv 1. said over the last two years, the approval has evolved to thi point. She said the Florida Governor and Cabinet have app ov the application of FP&L for a 500 KV Substation called a Conservation Substation at its location in Tamarac. She s id along with this goes lines to support that substation of w ic. lines coming into Tamarac are from the south. She said ma y have been spent discussing this. -Y fety is is ry d r f 3 is ns $ids is on $he he rs Ms. Carpenter said she feels there is one appeal pending b the sugar people in Palm Beach County. She said the City is at the point where the State has said that the Conservation Subst ti will be at the designated location in Tamarac. She said this is the plat which starts the development process in Tamarac. Sh said the County comments on this plat and their recommends 1 t er to proceed are included in the packet. She said the appli at'o is in compliance with the City of Tamarac and the Broward u t Comprehensive Plan and drainage, water and sewer as well as r a improvements are required. She said as a condition of plat approval, the applicant will enter into an agreement with the City that all required public services and facilities will be pr v'd d when the facility receives its Certificate of Occupancy. City Council Special Meeting 1/29/91/KJ Page 3 Ms. Carpenter said the City requires public water on site and the applicant must bring public water to the site which is specifically required by Code. She said Staff and the applicant have worked since October, 1990, to come to a resolution on public water supply. She said Staff is recommending that the applicant sink a well and provide a fire hydrant and a pump which will pump 500 gallons per minute and the fire hydrant will be located at a minimum of five feet from the edge of pavement located north of Commercial Boulevard. She said the pump will be within 50 feet of the fire hydrant and will be coordinated with the landscape plan and the applicant agreed. She said the pump, well, and hydrant are being provided so that if there are off -site brush fires, they can be fought. She said everyone recognizes that an electrical fire can not be fought by water at a substation of this magnitude. Ms. Carpenter said the applicant is requesting to use a septic tank to service the single commode and Staff does not object. She said the City's Land Use Plan is silent with respect to septic tanks. She said the County's Land Use Plan requires that cities encourage that septic tanks not be used, where possible. She said Staff feels that FP&L has demonstrated that this is a single commode, that there is really no reason to bring the public waste water system that far to the west and Staff agrees. Ms. Carpenter said the Site Plan and Plat Review Committee have reviewed this application in many meetings and the comments of the Committee have been met. She said the Planning Commission unanimously recommended approval of the final plat and the Community Development Department recommends approval. She reviewed the items in the packet delivered to Council. Mayor Abramowitz requested each item be numbered accordingly for easier referencing. V/M Hoffman said in all of the discussions held regarding this, he felt there was an agreement that there would be no power transmission lines run through the City except in existing corridors. He asked if this was covered by this agreement. Ms. Carpenter said that stipulation is covered by prior agreements. Andrew Maurodis, attorney representing FP&L, said they provided a certification to the City at the time of the rezoning which is still valid and binding upon FP&L. City Attorney Ruf said he recalls reading that certification at the time; however, he has not looked at it since. He said he recalls that there was a certification for a period of time, but does not recall the exact period of time. He said he would feel more comfortable if he were to review this, but he recalls that there was a specific time period and a specific representation that there would be nothing but transmission lines only in existing corridors. Mayor Abramowitz said there is no question in his mind that led to the cessession of hostilities. City Attorney Ruf said when the next Resolution is reached, he is going to ask Council to approve it with a contingency with respect to an indemnification agreement that he is not satisfied with. He said Council can add his certification as a contingency. Mr. Maurodis said a map was provided to Council and FP&L will be bound by that map which was part of the rezoning request. VOTE: C/M Rohr - AYE C/M Schumann - AYE C/M Bender said he received documentation from the State Environmental Protection Agency, which is a comprehensive document and he has examined the executive summary. He said the executive C t Council Special Meeting 1 2 /91/KJ P g 4 summary raised a lot of questions he does not feel comfortab e with and, as a result, will cast his vote accordingly. 1 C/M Bender - V/M Roffman - Mayor Abramowitz -- b. City Attorney Ruf read Temp. Reso. #5973 by title. C/M Rohr MOVED to APPROVE Temp. Reso. #5973, SECONDED I y C/M Bender. Ms. Carpenter said this is an application by FP&L for a site p approval for a substation on a 31.53 acre site in the southw s part of Land Section 7. She said the site is zoned Special Utilities and is designated Utility on the City and County Lan Use Plans. She said the surrounding uses are as follows: west unincorporated Broward, the conservation area; east -the Sawg a Expressway; north -designated open space; and south -designate space in the City of Sunrise. Ms. Carpenter said the Code at Sections 10.62 and 10.76 prov dE criteria for the review of this site plan. She said the structures and the building footprints are shown on the site p] the setbacks for the towers are shown and the towers may not exceed 130 feet on the site. She said it may be noticed on thE site plan that a little less detail is printed than on some sit plans and Staff agrees this is the case. She said this site p] is regarding a 500 KV substation and, for purposes of security, the City, through its Police, Fire, and Planning Department anc Administration have agreed that somewhat less detail is in everybody's best interest, including the public. Ms. Carpenter said FP&L has provided all of the minimum requirements for site plan approval. She said the applicant i requesting a waiver for the use of barbed wire. She said Tamarac's Code requires that Council take a specific action o approve barbed wire in the City, which is included in this application and Staff is supporting this application. She s i there are Sabal Palm, Waxmyrtle ferns and other native under t plant materials currently on the site. She said the applica t submitted a tree survey and a relocation plan for those nati e understory plants, which will be relocated and used in the landscaping of the site. Ms. Carpenter said before this application could be processe , City needed to develop an appropriate zoning category. She 5a in this special Utility district zoning category, Staff laid o specifically what was expected in the landscaping area. She s Staff finds that this application meets the minimum requirem n of the Code. She said the applicant has agreed to Staff's recommendation that they will provide an additional $60,000 f landscaping over and above that which is shown on the site p a She said Staff's recommendation at present, is that this be subject to the approval of the Community Development Departm n and it may be in the City's best interest for FP&L to provid some of the trees be larger at installation than originally proposed. She said the applicant is in compliance with the landscaping requirements and all of the other elements of th Comprehensive Plan. Ms. Carpenter said the Site Plan and Plat Review Committee h v reviewed this application and the applicant has met the comet n of the Committee. She said the Planning Commission has appr v this site plan and recommended that the $60,000 be added to h site. She said at the time the Planning Commission heard th's application, Staff was in the process of applying for a join application between the City and FP&L for a Florida Departme t Transportation grant to do additional landscaping in the med'a the Sawgrass Expressway in order to provide buffering of the s and the City felt it was better to proceed with just adding h $60,000 to the site rather that the City or FP&L having to Is the cost of maintenance of landscaping in the Sawgrass Exprs 1 City Council Special Meeting 1/29/91/KJ Page 5 Ms. Carpenter said the traffic impact fees have been calculated and the City received payment for this. She reviewed the remainder of the information in the packet. She said the City's Land Development Code did not specifically provide for utilities, so the justification of the impact fees has been provided. She said Staff reviewed the agency reports that the City sent to the Florida Department of Environmental Regulations in 1989 and 1990, and have submitted the following comments: 1) Annually, on the first issuance of their Certificate of Occupancy, that FP&L supply a study prepared by an independent contractor which certifies that the substation is functioning as a 500KV station as permitted by all of the regulatory agencies. This study will affirmatively state that the substation has not exceeded its permitted capacity during the previous year. 2) FP&L will install the best available technology to suppress interference from its substation with telecommunication, microwave towers, emergency radio transmission, and other electronic devices which are or will be located in Land Sections 6 or 7 in the City of Tamarac. FP&L will respond in writing to the City concerning any written complaints the City or FP&L receives concerning electromagnetic noise or other interference from the substation which occurs in Land Sections 6 or 7. FP&L will annually demonstrate that it has installed the best available technology on the site with respect to non-interference. 3) FP&L will annually monitor with testing done by a third party, the chemical and biological composition of the L-42 Canal, west of the substation in order to identify any changes in wildlife or chemical composition of the canal which may occur as a result of the existence and operation of the substation at this location. 4) FP&L will comply with Chapter 33.05 of the Broward County Code concerning tree removal. Specifically, FP&L is required to obtain all required tree removal permits and pay any associated fees, to Broward County. 5) FP&L will utilize only the regional road system, preferably the Sawgrass Expressway, to transport its construction equipment, machines and material. where damage occurs to street lights, traffic control devices, pavement, curbs, bridges or other public facilities, FP&L will replace and repair in accordance with the instructions of the City Engineer. 6) FP&L will provide semi-annual testing of the 500 gallon per minute pump and provide the results of such testing to the City. Ms. Carpenter said Staff is recommending approval subject to all of the comments in the Staff report plus the $60,000 additional landscaping and the six additional comments. City Attorney Ruf said he has two contingencies, one of which is the review by himself of the certification with respect to the location of the transmission lines and the other is that under normal circumstances, a Public Safety Easement Agreement provides that the City Emergency Services will have an absolute right to go onto a site to provide the necessary emergency services. He said in this case, it has been determined that it is appropriate for FP&L to restrict the City's entrance into this area until they can have an employee of FP&L meet the City's service employees there to do something with respect to the power of the substation to allow for emergency services. City Attorney Ruf said he has asked FP&L to give the City an indemnification for any damage that might occur at that location because the City cannot gain access until a representative is C ty Council Special Meeting 1 29/91/KJ P ge 6 present. He said a proposed indemnification agreement was prepared late Friday afternoon. He said he has not had th opportunity to review it and it has not been presented to requested that the approval be contingent upon an indemnif agreement approved by the City Attorney and the Risk Manag City Manager Kelly agreed. r He n Robert Huebner, attorney for FP&L, said the indemnificatio agreement was requested on Thursday and he expedited it as qui ly as possible. He said FP&L has basically reached agreement on everything requested except for Items 1, 2, and 3 of the additional comments made by Ms. Carpenter. Mr. Huebner said these items came up after their Thursday meeting. He said the first part in item 5 where it states, "FP&L will utilize only the regional road system, preferably the Sawg as Expressway, to transport its construction equipment, machi es and material", FP&L will make the best efforts to do this, but he cannot tell the City at present, that FP&L will only use the regional road system. He said that sentence and the first th items that were suggested by Ms. Carpenter cannot be agreed to oy FP&L. He said the control of this substation is through D R the Power Siting Act and those are the reasons that FP&L cannot 'go any further on these items. Mayor Abramowitz commended Ms. Carpenter on the preparatiol o this for a job well done. He asked if the things that are referenced in the first three items are things that would he reported by FP&L to the regulatory agencies. Mr. Huebner said he does not feel that any reports have be(n to the regulatory system regarding FP&L doing a 500KV. He sa FP&L is cited to do a 500KV, but no report is required to tel them that it is a 500KV; however, the only permission FP&L ha to do a 500KV. Mayor Abramowitz asked how the City is assured that FP&L i what they are permitted to do. Mr. Huebner said that is the only authority that FP&L has Irc State to build which is why FP&L cannot agree to any other stipulations. He said FP&L's permit is to build a 500KV s at and if it is not built, then FP&L is in violation of the P we Siting Act. Mayor Abramowitz said it has been a difficult two years to this status of agreement regarding this substation. He sa is a very traumatic situation. He said Tamarac stood alon all of the other cities capitulated and he feels the agree that has been made is very good, which consists of: 1) thi put through only in the existing power lines. 2) instead o 500KV's going through the entire City, it now comes in fro west and goes out. Mayor Abramowitz said Ms. Carpenter is asking for some ass if there is a problem that the City will be able to questi possible solution. He asked if this problem can be addres Mr. Huebner said he understands the City's position regardi this. He said he feels that these three requirements are e the jurisdiction of the City's site plan and FP&L answers t permitting authorities and cannot undertake these requests Carpenter. He said he feels FP&L is complying with the Law the City and these are not a requirement. He said these th requests cannot be agreed upon under the Power Siting Act . said he was able to make agreements in requirements in any areas where he had leeway. He said he feels the City is pr under the permitting of the other agencies involved. C/M Rohr asked if there is any requirement by the State tha reports are made to the State relating to what the City is attempting to obtain in Item 1. ge to d his a ter en m y 1:be t e4e tie rar c n 4o a ed' ng utoli e a 6t er H t e t 'c ed City Council Special Meeting 1/29/91/KJ Page 7 Mr. Huebner said he is told that FP&L reports on transmission lines but not on substations. He said if FP&L would want to increase anything over 500KV,"FP&L could provide a written notice to the City. C/M Rohr suggested that Tamarac do something to encourage the cities of Florida to go to the State Regulatory agencies to provide that FP&L make these reports. Mayor Abramowitz asked what type of reports to what type of regulatory agency and what is provided. V/M Hoffman said he understands their objection to Item 1 in which FP&L is given a license by the State to run a 500KV power station. He said he cannot understand their objections to Items 2 and 3, which he feels are reasonable requests regarding the interference of telecommunications in the area. He said it is incumbent upon FP&L to purchase the best available technology to overcome it. He said he sees nothing wrong with requesting FP&L to clear up any problems that might occur in the canals. He said FP&L is doing something to pollute the water; therefore, FP&L should be responsible to clean it up. Mayor Abramowitz RECESSED and RECONVENED this meeting at 11:30 a.m. He said FP&L has requested more time for discussion. Mayor Norman Abramowitz Vice Mayor Bruce Hoffman Councilman Dr. H. Larry Bender Councilman Henry Schumann Councilman Henry Rohr ALSQ PRESENT: John P. Kelly, City Manager Alan F. Ruf, City Attorney Dina McDermott, Assistant City Manager Karen Jackson, Secretary 2• authorizing the appropriate City officials to execute a lease agreement between the City of Tamarac and the School Board of Broward County for the Multi -Purpose Center. FINAL ACTION: RESOLUTION #R-91-20-PASSED Agendized by Consent on Page 1 and APPROVED. City Attorney Ruf read Ternfl. Resg, #5983 by title. * C/M Rohr MOVED to APPROVE Temp. Reso. #5983, SECONDED by * V/M Hoffman. Dina McDermott, Assistant City Manager, said this is an agreement between the City of Tamarac and the Broward County School Board for Tamarac Elementary School to lease the Tamarac Multi -Purpose Center gymnasium, gymnasium office for the coach and the locker rooms. She said the facilities will be used during school hours. She said this is a second agreement between the City of Tamarac and the Broward County School Board. She said the first agreement regarded the land swap between the Broward County School Board and the City of Tamarac. She said in the original agreement, the City stated that when the City does enter into a lease agreement with the Broward County School Board, it would be for a 50 year period of time, which is in this agreement. Ms. McDermott said the Broward County School Board will be paying the City a utility fee. She said there is one meter at the Multi - Purpose Center site which is for the Multi -Purpose Center and the Broward County School Board will be paying their pro -rated share of 50% on a monthly basis which this agreement provides. She said ity Council /29/91/KJ age 8 Special Meeting the City will do the maintenance of the Multi -Purpose Cente equipment and grounds and will coordinate other activities. said the City has an after -school program with which this w interfere. S 11 Mayor Abramowitz said at one time there was a large discrep nc between the Broward County School Board's willingness to pa a certain percentage and what the City did. He commended Ms. McDermott on the satisfactory job being done. City Manager Kelly said the initial agreement was to be 34%an two meters. He said the City has provided the maintenance nd was decided that one meter would be in the City's best inte es and to have them share the 50% cost. C/M Bender asked if special equipment is needed to provide proper maintenance of the facility. City Manager Kelly said there were some capital improvement: included to be purchased in the initial budget that was prel for this project to clean the floors and the Broward County Board agreed that they would pick up the capital costs becai the City's current budget. He said the Broward County Schoc Board paid approximately $40,000 for equipment that would bE utilized by the City for the upkeep of the facility and the ongoing 50% utility costs. He said there will be a subsequE cross parking agreement that will be an additional $25,000 c which the Broward County School Board is proposing to absorx facilitate the additional parking that the City will have fc use of the complex. E: ALL VOTED AYE 2 3. MOTION TO ZQIHQRLU the City to hire special counsel the INPACT lawsuit. ySY'NOPSIS OF ACTION: Agendized by Consent on Page 1 and APPROVED. City Attorney Ruf said when the Referendum questions were pi prior to the Referendum elections, a suit was filed against City by a INPACT, to have the Referendum questions and the elections stricken. He said the City Attorney's office represented the City in that proceeding and held a hearing_1 Judge Ward and the election moved forward. He said the Judc specifically retained jurisdiction within that case, which Z present, is being heard by Judge Bresher to allow INPACT to continue to raise its objections about the formality of the election, the appropriateness of the ballot questions and of stipulations. He said as the proceedings have developed to current status, it would appear that he may become a key wit in the case as the person who drew the ballot questions. HE requested that the City acquire outside special counsel to c the City against the matters which are currently scheduled i hearings on February 4 and February 5, 1991. C/M Rohr MOVED to APPROVE the hiring of special counsel, SECONDED by V/M Hoffman. E: V/M Hoffman - AYE C/M Rohr - AYE C/M Schumann - NAY C/M Sender - AYE Mayor Abramowitz - AYE Mayor Abramowitz said Council is waiting for the representat of FP&L to conclude their conversation with their clients an RECESSED and RECONVENED this meeting at 11:50 a.m, with a: present. he LI ar s4c 1 sel 1 nt os t r IhI6 fIr epa th4 e0 e tl he th ne efo or �I 11 1 1 1 City Council Special Meeting 1/29/91/KJ Page 9 Mr. Huebner said referring to the 500KV assurance, FP&L can state that if they increase the 500KV nominal voltage, FP&L will give written notice to the City. He said the lines coming into the substation are part of the certification which controls the power going in. Mayor Abramowitz said if FP&L only has a permit to build 500KV, it cannot be increased. Mr. Huebner said FP&L will agree that they will respond in writing to the City concerning any written complaints the City or FP&L receives concerning telecommunication interference which occurs in Land Sections 6 or 7. He said Item 3 proves to be more troublesome to agree to. He said FP&L is not putting anything into that water and there is no base data to start with; therefore, a study cannot be done by FP&L on this. He said there may be many sources that are a problem out there and FP&L cannot agree to this item. Mr. Huebner said FP&L will use their best efforts to use only the regional road system, preferably the Sawgrass Expressway, and will notify the City if FP&L will be using the City streets prior to that usage, with an understanding this refers to heavy equipment. C/M Bender referred to Item 1 and said there is a Department of Environmental Regulations who has set State standards concerning 500KV and EMF (electromagnetic field) limits. He said FP&L has to comply with these standards and fallow with compliance if they are altered or changed. Mr. Huebner said FP&L is in compliance with these standards. C/M Bender referred to Item 2 and said FP&L will be building a facility that will generate some type of telecommunication interference. He said he would like to have FP&L comply with the FCC rules and regulations which exist making it mandatory to eliminate interference from the substation on any communication equipment. Mayor Abramowitz asked if FP&L has to comply with FCC regulations and Mr. Huebner said he would research this. C/M Schumann said FP&L responding in writing to the City concerning any written complaint does not satisfy that complaint. Mayor Abramowitz asked who makes the determination of the cause of the poor reception in the complaints. C/M Bender said the FCC investigates any complaint that is turned in to them. He said if the complaint is found to be authentic, the FCC notifies the source. He said he does not want Item 2 to be limited to only Land Sections 6 and 7, but any interference from that substation to anywhere in Tamarac. Mayor Abramowitz said if the City receives a complaint, it can be sent to the FCC and they can investigate and make the determinations. He said the City is not qualified to do all of this. Discussion was held regarding the FCC. C/M Bender referred to Item 3 and said there are transformers that have oils which are contaminants. He said there will be a problem if one of those transformers ruptures and the oil goes into the ground. Mayor Abramowitz asked if it is the obligation of the particular substation to report to a regulatory agency if there is such a rupture. C/M Bender said there are ways to prevent these types of spills from occurring by using certain pans to collect these oils. Mayor Abramowitz asked if it is the obligation of FP&L to report any such incident to the proper organization and C/M Bender ;i y Council Special Meeting _/ 9/91/KJ la e 10 agreed. Discussion was held regarding the canal order. C/M Rohr suggested stating that if there is a breakdown of transformer resulting in an oil leakage that may affect the g water in the canal or the seepage from the ground into the ca at that point, FP&L must report it to the City and make the necessary corrections and handle the problem. Mr. Huebner said he feels that what has been stated by C/M can be agreed upon. He said he needs to clarify the commen regarding the DER regulations which FP&L must comply with. said FP&L will comply with all applicable DER requirements regarding EMF. He said if FP&L increases the nominal volta above the 500KV, FP&L will give written notice to the City. C/M Schumann asked what the City's redress to this would be Huebner said the City could report this to the DER. C/M Bender said FP&L will cause a melt down of their own wi$i they go above the 500KV. Mr. Maurodis said FP&L does not have the physical capability t violate this. Mr. Huebner said he is not clear on the interference with telecommunication reception. He said he has no complaint if i goes beyond Land Sections 6 and 7. He said FP&L would like tc respond in writing to the City for any written complaints that City receives regarding telecommunication interference within City. He said it is the policy of FP&L to install the best equipment that can be installed on this system. He said he is trying to make sure that the City and FP&L have no major disagreements in the future. Discussion was held regarding wh is meant by the best available equipment. Ci _f C/M Bender said the equipment used should be in compliance it the FCC. Mr. Huebner said FP&L will use its best efforts t comply with the FCC where applicable. He said he must review is with FP&L for a final response. Mayor Abramowitz requested this be passed or rejected based up the City Attorney and Ms. Carpenter's access of written confirmation of what FP&L says that they will do for clarification. City Attorney Ruf said it would not be inappropriate to do hi based upon the fact that he needs to review some other documentation regarding this. Mr. Huebner read his notes as follows: 1) FP&L will comply with all applicable DER requirem nt8 regarding EMF. 2) If FP&L increases the nominal voltage above 500KV F L will give written notice to the City. 3) FP&L will use their best efforts to comply with F regulations, regulating interference with communi facilities. 4) If a transformer erupts or causes pollution as de i by the DER regulations, FP&L will take action req i by those agencies to mitigate it. Mayor Abramowitz said he wants the written response added tc� I 2 that was just read included. 1 1 1 Mr. Huebner read: City Council Special Meeting 1/29/91/KJ Page 11 5) FP&L will respond in writing to the City concerning any written complaints the City or FP&L receive concerning communication facilities. C/M Schumann asked if there is going to be any cooling water taken from the canal to cool the substation and Mr. Huebner said, no. C/M Schumann asked if there would be any drainage or dumping of any contaminants into the canal resulting from the operation of this substation and Mr. Huebner said, no. City Attorney Ruf said there should be written notice supplied to the City by FP&L if anything went wrong referring to Item 3 recited by Mr. Huebner. Mayor Abramowitz said an amendment needs to be made on Item 1.b. approving the site plan and associated documents for FP&L. City Attorney said this should read: "contingent upon receipt, review, and approval of the City Attorney with respect to an indemnification agreement on a public safety easement, the City Attorney's review of the certification of a transmission line location, the amendments to the six items in the comments of the Director of Community Development, and the $60,000 addition to the landscaping plan at the site." * C/M Rohr MOVED to APPROVE Temp. Reso. #5973 as amended, * SECONDED by V/M Hoffman. VOTE: C/M Schumann - AYE C/M Rohr - AYE V/M Hoffman - AYE C/M Bender - NAY Mayor Abramowitz - AYE Mr. Huebner expressed his appreciation to Council and Staff for working with FP&L regarding this. He said he has always been treated courteously by every member of Council and Staff throughout these proceedings. Mayor Abramowitz said FP&L has made promises and Council will be proud of the landscaping around this substation. Discussion was held regarding the landscaping. C/M Rohr requested a concensus of opinion on a Resolution that he has requested from the City Attorney. He said he is going to request a Resolution asking the State to bring their Code up to date and the necessity for the electric companies being more controlled in what they are doing with electromagnetic lines. He said he would like to involve the Broward League of Cities after Tamarac passes this Resolution to have all of the cities recommend the same to the State. Mayor Abramowitz requested a little more research be done. Expression of Interest: V/M Hoffman - YES C/M Bender -- YES C/M Schumann - YES C/M Rohr - YES Mayor Abramowitz - YES With no further business, Mayor Abramowit ADJOURNED this meeting at 12:20 p.m. ��A TY',OF TAMARAC NORMAN ABRAMOWITa XAR�tAPPR 0 AT MEETING nF �.z 7 YOR L A. EVANS CITY CLERK "This public document was promulgated at a cost of $134.54 or $2.99 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." 1 Ll 1