HomeMy WebLinkAbout1988-05-11 - City Commission Regular Meeting Minutes1
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P O. BOX 25010
TAMARAC, FLORDA 33320
RECORD OF COUNCIL ACTIONS/DISCUSSION
CITY OF TAMARAC
CITY COUNCIL
REGULAR COUNCIL MEETING
WEDNESDAY, MAY 11, 1988
CALL TO ORDER: 7:00 P.M.
ANNOUNCEMENT OF TIME ALLOCATIONS - MOTIONS TO TABLE -- 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.
CONSENT AGENDA
1. Items listed under Consent Agenda, Item 1, are viewed
to be routine and the recommendation will be enacted by
one motion in the form listed below. If discussion is
desired, then the item(s) will be removed from the
Consent Agenda and will be considered separately.
City Clerk
a. MOTION TO APPROVE the minutes of the following
City Council meetings:
1) 4/12/88 - Regular Meeting
2) 4/21/88 - Special Meeting
FINAL ACTION:
APPROVED.
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
WOODMONT TRACT 72-A for a six-month period from
6/11/88 to 12/11/88.
FINAL ACTION:
APPROVED.
C. MOTION TO APPROVE renewal of a model sales permit
and waiver of the 300-foot distance requirement
for issuance of certificates of occupancy for
CYPRESS III AT WOODMONT (WOODMONT TRACTS 68/77)
for a six-month period from 5/25/88 to 11/25/88.
FINAL ACTION:
APPROVED.
Page 1
5/11/88
Community --Development
1. d. MOTION TO APPROVE a request by the Tamarac Lions
Club to conduct their Second Annual Walk-A-Thon on
Saturday, November 12, 1988, and waiver of all
permit and licensing fees.
FINAL ACTION:
APPROVED.
Public Works Department
e. MOTION TO APPROVE the transfer of $1,989.00 from
Contingency
Maintenance
for fencing
FINAL ACTION:
APPROVED.
Utilities/Engineering
Fund #001-872-589-975 to Public Works
Land Improvements Fund 001-130-539-503
at the Municipal Parking Lot.
f. MOTION TO ADOPT Tem . Reso. #5020 releasing a cash
Bond in the amount of $3,500.00 posted by
CALIFORNIA FEDERAL SAVINGS & LOAN to guarantee the
removal of the temporary trailer facility at the
Rock Island Road/Sabal Palm Boulevard East
location.
FINAL ACTION: RESOLUTION NO. R-88-116 PASSED.
APPROVED.
g. 1) MOTION TO APPROVE a Water and Sewer Developers
Agreement for CLAIRMONT PARCEL B, PHASE II,
project.
_ ___ so. #502 2 MOTION TO ADOPT Temp.Re 1 releasing_
warranty Letter of Credit #NABG-R92193F in the
amount of $9,572.35 posted for the water
system improvements at CLAIRMONT, PHASE I.
3) MOTION TO ADOPT Temp. Reso. #5023 calling
warranty Letter of Credit NABG-R92194F in the
amount of $9,007.23 posted for the sewer
system improvements at CLAIRMONT, PHASE I, if
an extension has not been provided by 5/16/88.
FINAL ACTION: RESOLUTION NO. R-88-117 PASSED.
APPROVED g1 and g2. REMOVED g3. On 5/9/88 the City
received an extension to the Letter of Credit which now
expires 8/19/88. The Letter of Credit number has been
amended to read #NY-0489-00092194.
h. MOTION TO ADOPT Temp. Reso. #5022 releasing
warranty Letter of Credit SB-1186 in the amount
of $34,338.06 posted for the water and sewer
system improvements at LAKES OF CARRIAGE HILLS.
FINAL ACTION: RESOLUTION NO. R-88-118 PASSED
APPROVED.
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Page 2
5/11/88
1. i. MOTION TO ADOPT Temp. Reso. #5025 calling warranty
bond #SF00006 in the amount of $25,250.00 posted
for the sewer system improvements at CALICO
COUNTRY, PHASE II if an extension has not been
provided by 5/9/88.
FINAL ACTION: RESOLUTION NO. R-88-119 PASSED.
APPROVED.
j. MOTION TO ADOPT Temp. Reso. #5024 calling warranty
Letter of Credit in the amount of $49,872.56
posted for public improvements at the TAMARAC
POINTE project if an extension has not been
provided by 5/23/88.
FINAL ACTION: RESOLUTION NO. R-88-120 PASSED.
APPROVED.
k. MOTION TO APPROVE Change Order #2 to the contract
with Ken Ann and Sons in the amount of $4,493.63
and to add 48 days to the contract completion date
covering additional irrigation requirements and
redesign of the irrigation system for TUW Project
87-9, Sewage Treatment Plant Closure and -
Dismantling; this change order increases the
contract amount from $78,000.00 to $82,439.63 and
the new contract completion date is 5/18/88.
FINAL ACTION•
APPROVED.
1. MOTION TO APPROVE Change Orders #2 and #3 to the
contract with R.J. Sullivan Corporation in the
total amount of $5,141.42 covering on -site
corrections and work deleted from Project 85-20
for water Treatment Plant Improvements, Phase IV,
TUW Project 86-14; this change order increases the
contract from $2,200,445.65 to $2,205,587.07.
FINAL ACTION:
APPROVED.
M. MOTION TO APPROVE Addendum #14 to the engineering
agreement with Hazen and Sawyer in the amount of
$6,500.00 to cover additional cost on Task Orders
#1, #2 and #3 for TUW Project 88-39, South Florida
Water Management Long Term Water Supply Plan; and
to APPROVE the transfer of $6,500.00 from CIAC
Unexpended Funds Account 432-371-588-995 to TUW
SFWM Long Term Water Supply Plan Account 432-371-
533-4LB to fund this work.
FINAL ACTION•
APPROVED.
OPEN PUBLIC FORUM
2. OPEN PUBLIC FORUM - Any member of the public who wishes
to address the City Council at this time must, in
advance of the item, give his/her name and address to
the City Clerk.
FINAL ACTION:
Open Public Forum was held. Speaker was Former Mayor
Bernard Hart.
Page 3
5/11/88
REPORTS
3. City Council
4. City Manager
5. City Attorney
CONSIDERATIONS
Community Development
6. MOTION TO APPROVE the refund of certain ERC fees as
requested by THE LANDINGS ON CYPRESS GREENS.
FINAL ACTION:
APPROVED refund in the amount of $22,475.00 in ERC
fees.
7. MOTION TO APPROVE a model sales facility in Building D,
Units 70 and 57, of UNIVERSITY CLUB APARTMENTS for a
six-month period from 5/11/88 to 11/11/88.
FINAL ACTION:
APPROVED.
8. MOTION TO APPROVE renewal of a model sales facility for
WOODMONT CORP. Tracts 46, 50, 54, 57, 59, 60, 62, 64,
70, 71 and 72B for a six-month period from 5/11/88 to
11/11/88.
FINAL ACTION:
APPROVED.
Public Works Department
9. MOTION TO APPROVE the transfer of $35,000.00 from
General Fund Contingency Account 001-872-589-975 to
Parks Renovation Account 001-555-572--539 for the
Tamarac Park Ballfield Renovation Project.
FINAL ACTION:
APPROVED.
Utilities/Engineering
10. MOTION TO APPROVE the Tamarac Utilities West Annual
Report of Water and Wastewater System for Fiscal Year
1986/87 as prepared by Hazen and Sawyer, P.C.
FINAL ACTION:
APPROVED.
11. MOTION TO APPROVE Addendum #15 to the engineering
agreement with Hazen and Sawyer, P.C., in the amount of
$98,200.00 for testing and ultimate recommendation of
the City's Water Treatment Facilities as requested
under the Safe Drinking Water Act (SDWA) and enforced
by the U.S. Environmental Protection Agency; and to
APPROVE the transfer of $98,200.00 from Water CIAC
Uncommitted Funds 432-371-588-995 to TUW Federal Safe
Drinking Water Act Testing Fund 432-371-533-4LC to fund
this work under TUW Project 88-53.
FINAL ACTION:
APPROVED.
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5/11/88
RESOLUTIONS
1
Building Department
12. MOTION TO ADOPT Temp. Reso. #5001 approving waiver from
the provisions of the sign ordinance pertaining to
color requested by BANKATLANTIC in Colony Center
(tabled on 4/12/88).
FINAL ACTION:
TABLED until information regarding the logo is
received.
13. MOTION TO ADOPT Temp. Reso. #5028 approving waiver from
the provisions of the sign ordinance for a wall sign
which is less than the required 50--feet from the
adjacent property line requested by WELLENS FURNITURE
COMPANY.
FINAL ACTION: RESOLUTION NO. R-88-121 PASSED.
APPROVED with the following condition:
An Agreement will be incorporated into approval of the
sign waiver so that when the adjacent parcel is
developed, Mr. Wellens would have to return to the City
Council for continuation of the approval of the sign
waiver. This Agreement will be recorded in the public
records of Broward County.
City Manager
1.4. MOTION TO ADOPT Temp. Reso. #5032 awarding Bid #88-18
in the amount of $83,150.00 to Network Security City
Branches, Inc., to furnish all materials and labor
necessary for the supply and installation of special
electronics system for TAMARAC MUNICIPAL COMPLEX,
POLICE STATION.
FINAL ACTION:
APPROVED.
RESOLUTION NO. R--88-122 PASSED.
15. MOTION TO ADOPT Temp. Reso. #5029 authorizing the
appropriate City officials to execute the Fifth
Amendment to Interlocal Agreement with Broward County
providing for division and distribution of the proceeds
of the local option gas tax imposed by the Broward
County Local Option Gas Tax Ordinance.
FINAL ACTION: RESOLUTION NO. R-88-123 PASSED.
APPROVED.
16. a. MOTION TO ADOPT Temp. Reso. #5033 authorizing the
appropriate City officials to execute a Bill of
Sale assigning the wellfields from the City to
MIDWAY PLAZA.
b MOTIONTO ADOPTRs
Temp.- eo.
05034 authorizing the
...,.,.._ .-.
appropriate City officials
to execute a
Release
and Termination of Easement
pertaining
to the
MIDWAY PLAZA wells.
FINAL ACTION: RESOLUTION
NO. R-88-124
PASSED.
RESOLUTION
NO. R-88-125
PASSED.
APPROVED 16a and 16b.
Page 5
5/11/88
Community Development
17. MOTION TO ADOPT Temp. Reso. #5035 approving a site plan
and related documents for WOODLAND LAKES, PARCEL L.
(to be located on the east side of NW 88 Avenue, north
of Lagos de Campo Boulevard and south of Colony West
Clubhouse).
FINAL ACTION: RESOLUTION NO. R-88-126 PASSED.
APPROVED.
Public Works Department
18. MOTION TO ADOPT Temp. Reso. #5036 approving the First
Amendment to the contract with Construction Management
Services, Incorporated, in the amount of $15,435.00 to
provide additional services in connection with the
construction of the Tamarac Utilities West/Public Works
Administration Building, Project 86-13.
FINAL ACTION:
TABLED.
•
PUBLIC HEARING - 7:30 P.M.
Finance Department
19. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso.#5030
presenting a proposed use plan for the purpose of
allocating approximately $25,000.00 of unexpended
FEDERAL REVENUE SHARING FUNDS pursuant to the Federal
Revenue Sharing Act, 96.064 of 1980.
FINAL ACTION: RESOLUTION NO. R-88-127 PASSED.
APPROVED. The use Hearing was held.
Communitv Development
20. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #5031
concerning a request by MANUEL T. GUTIERREZ for a
limited parking waiver to permit a waiver of thirty
(30) required parking spaces at the CENTRE AT WOODMONT
located at the southwest corner of NW 78 Street and
University, which lands are zoned B-1 (Neighborhood
Business). Petition #15-Z-88
FINAL ACTION: RESOLUTION NO. R-88-128 PASSED.
APPROVED. Public Hearing was held.
ORDINANCES
PUBLIC HEARING - 7:30 P.M.
City_ Manager
21. PUBLIC HEARING ---MOTION TO ADOPT Temp. Ord._#1383 on
second reading creating Section 16-9 of the Code to
provide for conditions on the operation of off -road
motor vehicles.
FINAL ACTION: ORDINANCE NO. 0-88-11 PASSED.
APPROVED on Second Reading. Public Hearing was held.
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5/11/88
Community Development
22. PUBLIC HEARING - MOTION TO ADOPT Tem . Ord. #1381 on
second reading to amend Section 28-129 b of the Code
to provide that public golf courses shall be a
permitted use in the S-1 Recreational Distract and that
a dining room, bar and grill and snack bar may be
operated at a public or private country club through
special exception approval.
FINAL ACTION: ORDINANCE NO. 0-88-12 PASSED.
APPROVED on Second Reading. Public Hearing was held.
City Council (V/M Stelzer)
23. MOTION TO ADOPT_ Temp_._ Ord. #1385 on first reading to
amend Article IIIC of Section 28-27.3 of the Code
relating to membership and procedures of the Plan
Adjustment Committee.
FINAL ACTION•
MOTION to approve FAILED for lack of Second.
City Council
*24. DISCUSSION AND POSSIBLE ACTION regarding preparation of
Resolutions and Ordinances.
FINAL ACTION:
City Attorney will amend the Council procedures,
whereby no Council member may have the City Attorney
draft proposed resolutions and ordinances evidencing
the intention of the City without first acquiring the
majority approval of the City Council.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
AGENDIZED BY CONSENT
25. MOTION TO ADOPT Temp. Reso. #5039 rescinding Resolution
R-88-105 which authorized execution of a Second Amend
ment to Large User Wastewater Agreement between Broward
County and the City of Tamarac relating to purchase of
wastewater reserve capacity; authorizing the
appropriate City officials to execute a new and revised
Second Amendment to the Large User Wastewater Agreement
between Broward County and the City of Tamarac relating
to purchase of wastewater reserve capacity.
FINAL ACTION: RESOLUTION NO. R-88-129 PASSED.
APPROVED.
Page 7
5/11/88
26. a. MOTION TO ADOPT Temp. Reso. #5040 conveying of Quit
Claim Deed to Philip Frybergh for UNIVERSITY OFFICE
PARK.
b. MOTION TO Temp. Reso. #5037 accepting a 15
_ADOPT
foot Tamarac Utility West water and sewer utility
easement along University Drive offered by Philip
Frybergh, previous owner and Tamarac Fortune
Limited Partnership, present owner for UNIVERSITY
OFFICE PARK.
c. MOTION TO ADOPT Tem Reso. #5038 accepting a
Right -of -Way Deed for 40-feet along Lots 22 and 23,
Block 11, along University Drive offered by Philip
Frybergh, previous owner and Tamarac Fortune
Limited Partnership, present owner for UNIVERSITY
OFFICE PARK.
FINAL ACTION: RESOLUTION NO. R-88-130 PASSED.
RESOLUTION NO. R-88-131 PASSED.
RESOLUTION NO. R-88-132 PASSED.
APPROVED 26a, 26b and 26c.
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.
aeAe-Alle,
Carol E. Barbuto
City Clerk
---------__-----------------------------------____--_--------
NOTICE OF COUNCIL MEETINGS
Tuesday, May 17, 1988 - 9:00 A.M. - City Council Chambers at
City Hall - Joint Workshop Meeting of
City Council and Planning Commission
to discuss Planning.
Wednesday, May 18, 1988-7:00 P.M. - Tamarac Recreation Center
7501 N. University Drive, Tamarac
Town Meeting held by the City Council
for discussion on Utilities and
Budget.
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Page 8
5/11/88
CITY OF TAMARAC
REGULAR CITY COUNCIL MEETING
WEDNESDAY, MAY 11, 1988
TAPE 1
CALL TO ORDER: Mayor Abramowitz called this meeting to Order on
Wednesday, May 11, 1988 at 7:00 P.M. in the Council Chambers.
PRESENT:
Mayor Norman Abramowitz
Vice Mayor Jack Stelzer
Councilman Dr. H. Larry Bender
Councilman Bruce Hoffman
Councilman Henry Rohr
ALSO PRESENT:
John P. Kelly, City Manager
Richard Doody, City Attorney
Carol E. Barbuto, City Clerk
Pauline Walaszek, Special Services
Secretary
CONSENT AGENDA
g. 1. MOTION TO APPROVE a Water and Sewer Developers
Agreement for CLAIRMONT PARCEL B, PHASE II, project.
2. MOTION TO ADOPT Temp. Reso. #5021 releasing
warranty Letter of Crete#NABG-R92193F in the amount
of $9,572.35 posted for the water system improvements
at CLAIRMONT, PHASE I.
3. MOTION TO ADOPT Temp. Reso. #5023 calling
warranty Letter of Credit #NABG-R92194F in the amount
of $9,007.23 posted for the sewer system improvements
at CLAIRMONT, PHASE I, if an extension has not been
provided by 5/16/88.
SYNOPSIS OF ACTION:
REMOVED 3.
(SEE PAGE 3 for Final Action on 1 and 2).
* V/M Stelzer MOVED to REMOVE this Item because the extension was
* received, SECONDED by C/M Hoffman.
VOTE:
Public Works Department
ALL VOTED AYE
18. MOTION TO AP'OPT Temp. Reso. #5036 approving the First
Amendment to the contract with Construction Management Services,
Incorporated, in the amount of $15,425.00 to provide additional
services in connection with the construction of the Tamarac
Utilities West/Public Works Administration Building, Project
86-13.
SYNOPSIS OF ACTION:
TABLED.
* V/M Stelzer MOVED to TABLE this Item, SECONDED by C/M Hoffman.
VOTE: ALL VOTED AYE
Page 1
5/11/88
AGENDIZED BY CONSENT
25. MOTION TO ADOPT Temp. Reso. #5039 rescinding Resolution
R-88-105 which authorized execution of a Second Amendment to
Large User Wastewater Agreement between Broward County and the
city of Tamarac relating to purchase of wastewater reserve
capacity; AUTHORIZING the appropriate City officials to
execute a new and revised Second Amendment to the Large User
Wastewater Agreement between Broward County and the City of
Tamarac relating to purchase of wastewater reserve capacity.
SYNOPSIS OF ACTION:
AGENDIZED by Consent.
(SEE PAGES 23 and 24 for Final Action).
* V/M Stelzer MOVED to AGENDIZE Temp. Reso. #5039 by Consent,
* SECONDED by C/M Hoffman.
VOTE:
ALL VOTED AYE
26. a. MOTION TO ADOPT Temp. Reso. #5040 conveying a Quit
Claim Deed to Philip Frybergh for UNIVERSITY OFFICE PARK.
b. MOTION TO ADOPT Temp. Reso. #5037 accepting a 15-foot
Tamarac Utility West water and sewer utility easement along
University Drive, offered by Philip Frybergh, previous owner
and Tamarac Fortune Limited Partnership, present owner for
UNIVERSITY OFFICE PARK.
c. MOTION TO ADOPT Temp. Reso. #5038 accepting right-of-
way Deed for 40--foot along Lots 22 and 23, Block 11, along
University Drive offered by Philip Frybergh, previous owner
and Tamarac Fortune Limited Partnership, present owner for
UNIVERSITY OFFICE PARK.
SYNOPSIS OF ACTION:
AGENDIZED by Consent.
(SEE PAGES 24 and 25 for Final Action).
* V/M Stelzer MOVED to AGENDIZE this Item by Consent, SECONDED by
* C/M Hoffman.
VOTE:
ALL VOTED AYE
C/M Rohr asked if Consent Agenda Items I. and J. (SEE
PAGE 4) should be removed and City Attorney Doody said
these Items had to be approved.
CONSENT AGENDA - Item 1 a. through m.
City Clerk
1. a. MOTION TO APPROVE the minutes of the following City
Council —meetings:
1) 4/12/88 - Regular Meeting
2) 4/21/88 - Special Meeting
SYNOPSIS OF ACTION:
APPROVED.
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 WOODMONT TRACT 72-A for a
six-month period from 6/11/88 o 12/11/88.
SYNOPSIS OF ACTION:
APPROVED.
Page 2
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5/11/88
c. MOTION TO APPROVE renewal of a model sales permit
and waiver of the 300-foot distance requirement for issuance
of certificates of occupancy for CYPRESS III AT WOODMONT
(WOODMONT TRACTS 68/77) for a six-month period from 5/25/88
to 11/25/88.
SYNOPSIS OF ACTION:
APPROVED.
Community Development
d. MOTION TO APPROVE a request by the Tamarac Lions
Club to conduct their Second Annual Walk-A-Thon on Saturday,
November 12, 1988, and a waiver of all permit and licensing
fees.
SYNOPSIS OF ACTION:
APPROVED.
Public Works Department
e. MOTION TO APPROVE the transfer of $1,989.00 from
Cont ngency Faun-#001-872-589-975 to Public Works Mainten-
ance Land Improvements Fund 001-130-539-503 for fencing at
the Municipal Parking Lot.
SYNOPSIS OF ACTION:
APPROVED.
/ g_
Utilities En i_neering
f. MOTION TO ADOPT Temp. Reso. #5020 releasing a cash
bond in the amount of $3,500.00 posted by CALIFORNIA FEDERAL
SAVINGS & LOAN to guarantee the removal of the temporary
trailer facility at the Rock Island Road/Sabal Palm Boulevard
East location.
SYNOPSIS OF ACTION: RESOLUTION NO. R--88-116 - PASSED
APPROVED.
g. 1. MOTION TO APPROVE a Water and Sewer Developers
e Agreemnt for CLAIRMONT PARCEL B, PHASE II, project.
2. MOTION TO ADOPT Temp. Reso. #5021 releasing
warranty Letter of Credit #NABG-R92193F in the amount
of $9,572.35 posted for the water system improvements
at CLAIRMONT, PHASE I.
3. MOTION TO ADOPT Temp. Reso. #5023 calling
warranty Letter of Credit #NABG-R92194F in the amount
of $9,007.23 posted for the sewer system improvements
at CLAIRMONT, PHASE I, if an extension has not been
provided by 5/16/88.
SYNOPSIS OF ACTION: RESOLUTION NO.
R-88-117 -
PASSED
TABLED g. 3 on Page 1.
APPROVED g. 1 and 2
h. MOTION TO ADOPT Temp. Reso. releasing
Letter of Credit #S#SB-1186 in tTie—amount of
warranty
$34,338.06
posted
for the water and sewer system improvements
at LAKES
OF
CARRIAGE HILLS.
SYNOPSIS OF ACTION: RESOLUTION NO.
R-88-118 -
PASSED
APPROVED.
Page 3
5/11/88
i. MOTION TO ADOPT Temp. Reso. #5025 calling warranty
Letter of Credit #SF00006 in the amount of $25,250.00 posted
for the sewer system improvements at CALICO COUNTRY, PHASE
II if an extension has not been provided by 519188.
SYNOPSIS OF ACTION: RESOLUTION NO. R-88-119 - PASSED
APPROVED.
j. MOTION TO ADOPT Temp Reso. #5024 calling warranty
Letter of Credit in the amount of $49,872.56 posted for
public improvements at the TAMARAC POINTE project if an
extension has not been provided by 5/23/88.
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R-88-120 - PASSED
k. MOTION TO APPROVE Change Order #2 to the contract
wi� th Ken Ann and Sons in the amount of $4,493.63 and to add
48 days to the contact completion date covering additional
irrigation requirements and redesign of the irrigation system
for TUW Project 87-9, Sewage Treatment Plant Closure and
Dismantling; this change order increases the contract amount
from $78,000.00 to $82,493.63 and the new contract completion
date is 5/28/88.
SYNOPSIS OF ACTION:
APPROVED.
1. MOTION TO APPROVE Change Orders #2 and #3 to the
contract with R.J. Sullivan Corporation in the total amount
of $5,141.42 covering on -site corrections and work deleted
from Project 85-20 for Water Treatment Plant Improvements,
Phase IV, TUW Project 86-14; this change order increases
the contract from $2,200,445.65 to $2,205,587.07.
SYNOPSIS OF ACTION:
APPROVED.
m. MOTION TO APPROVE Addendum #14 to the engineering
agreement with Hazen and Sawyer in the amount of $6,500.00
to cover additional cost on Task Orders #1, #2 and #3 for
TUW Project 88-39, South Florida Water Management Long Term
Water Supply Plan; and to APPROVE the transfer of
$6,500.00 from CIAC Unexpended Funds Account 432-371-588-995
to TUW SFWM Long Term Water Supply Plan Account 432-371-533-
4LB to fund this work.
SYNOPSIS OF ACTION:
APPROVED.
* C/M Hoffman MOVED to APPROVE the Consent Agenda Item 1 a.
* through m. with the exception of Item g. 3., SECONDED by
* C/M Rohr.
VOTE: ALL VOTED AYE
City Manager
16. a. MOTION TO ADOPT Temp. Reso. #5033 authorizing the
appropriat C City offica s�to execute a Bill of Sale assign-
ing the wellfields from the City to MIDWAY PLAZA.
b. MOTION TO ADOPT Temp. Reso. #5034 authorizing the
appropr t C ty'offica s^to execute a Release and Termin-
ation of Easement pertaining to the MIDWAY PLAZA wells.
SYNOPSIS OF ACTION: RESOLUTION NO. R- 88-124 - PASSED
APPROVED a and b. RESOLUTION NO. R-88-125 - PASSED
Page 4 �'
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5/11/88
1
a. City Attorney Doody read Temp. Reso. #5033 by title.
* C/M Hoffman MOVED to APPROVE Tema. Reso. #5033, SECONDED by
* C/M Rohr.
VOTE:
ALL VOTED AYE
b. City Attorney Doody read Temp. Reso. #5034 by title.
C/M Hoffman MOVED to APPROVE Temp. Reso. #5034, SECONDED by
C/M Rohr.
VOTE:
OPEN PUBLIC FORUM
2. OPEN PUBLIC FORUM
UWj9����va
Bernard Hart, Resident, said two years ago the City
Manager and the City Council worked together to shorten
Council meetings by creating the Consent Agenda. He said
this meeting's Agenda could have had Items 7 and 8 placed
on the Consent Agenda; however, Items k., 1. and m. are
contracts needing approval and the amount of money being
approved for these Items was approximately $16,000.00.
He said when the contracts are approved the public should
have knowledge of what and who the contracts are for and
the amount of money being approved. He suggested the
public have the right to hear why the contracts are being
increased.
REPORTS
3. City Council
C/M Hoffman reported that he had the privilege of patrolling with
Police Officer Grojanson and commended Officer Grojanson
on his efficiency and professionalism. He said he
realized that the most important piece of equipment used
by a Police Officer is his radio. He suggested that each
City Council member take time to patrol with an Officer.
C/M Rohr reported on an article in the newspaper regarding
the Senate abandoning the battle for Amendment. (SEE
ATTACHMENT) He said the City Council in May, 1987,
approved a Resolution urging the Florida Legislature to
repeal its approval of a United States Constitutional
Convention which was forwarded to the State Legislators.
He said he was proud of Tamarac being one of the first
Cities in Florida to take this position.
C/M Bender - No Report.
V/M Stelzer -- No Report.
Mayor Abramowitz reported that there will be a Town Hall meeting
at the Tamarac Park Recreation Center on May 18, 1988 at
7:00 P.M. and he urged the residents to attend because
the matters will be of great importance.
Mayor Abramowitz announced that the City will be holding
its 25th Anniversary Celebration the week of October 3,
1988.
4. City Manager - No Report.
5. City Attorney - No Report.
Page 5
5/11/88
CONSIDERATIONS
Community Development
6. MOTION TO APPROVE the refund of certain ERC fees as
requested by THE LANDINGS ON CYPRESS GREENS.
SYNOPSIS OF ACTION:
APPROVED a refund of $22,475.00 to Lew
Lautin.
* C/M Hoffman MOVED to APPROVE this Item, SECONDED by C/M Bender.
City Manager Kelly said at the time of the filing for the
Landings on Cypress Greens, Lew Lautin filed and paid the
fees under protest because the fees were raised without
notification to him. He said the increase to the project
was approximately $44,500.00 and staff felt that the
notification was not properly given to Mr. Lautin and
even though the City had legal right to the fees, a
settlement has been negotiated with Mr. Lautin in the
amount of $22,475.00. He said this matter has been
discussed with the appropriate staff and the City
Attorney and they agree that this settlement was an
equitable solution to the matter. He recommended the
City Council approve a refund to Mr. Lautin in the amount
of $22,475.00.
V/M Stelzer asked if there was a legal basis mandating
the City to return these fees.
City Attorney Doody said the City did not have a legal
responsibility to return the fees; however, developer's
Attorney has a different opinion. He said the Resolution
adopted instituting the fees was adopted validly. He
said the issue was before the Council under a Section of
the Ordinance which stated that the City Council may
return fees when the facts make it just and equitable to
do so which nullifies the legal ramifications.
V/M Stelzer asked if the City would be acting on this
Item illegally.
City Manager Kelly said Mr. Lautin applied for
reimbursement of funds under the City Code, Section 2--3,
Fee Refunds, in the amount of $44,950.00. He said the
ERC fees require an investigative report by the
appropriate Department Head and Bill Greenwood, Director
of Utilities/Engineering, filed a report. He said the
report stated that the monies were owed to the City
because of the City's appropriate exercise in advertising
the increase of the ERC fees. He said the City felt they
have the right to the fees; however, because of the way
Mr. Lautin's firm was not advised properly of the
increase and, because the City delayed the approval of
the project because of changes that could not be done,
Mr. Lautin was charged by the new fee structure. He said
he felt because Mr. Lautin was not notified of the
increase properly, the City had a moral obligation to Mr.
Lautin to return a portion of the fees.
City Manager Kelly said the City Attorney felt that the
City had a legal claim on the money; however, Mr.
Lautin's Attorney felt that the City did not and was
willing to challenge it. He said to avoid the time and
the money needed to fight this claim would be more than
returning the negotiated fees.
Page 6
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5/11/88
City Attorney Doody, referring to City Code Section 2-3
(a), said the City is hereby empowered to refund fees
taken and collected by the City in each instance where it
is shown, upon application, that fees, including but not
limited to, building permit fees, license fees and fees
paid in lieu of dedication of recreational lands, are
taken and collected by the City erroneously due to error,
miscalculation, or for any reason which would render the
withholding of the refund of such fees inequitable.
City Attorney Doody said the City Council should decide
if this matter is inequitable to the developer and on the
basis of those facts, a partial refund is to be given.
He said he did not believe the City had a legal basis in
the collection of the fees; however, the developer's
• Attorney did not agree.
V/M Stelzer asked how many other claims the City would
have from other developers if this refund is made.
City Manager Kelly said staff reviewed all the
possibilities and there were none.
V/M Stelzer said the City may have found no
possibilities; however, the Attorneys for the developers
may believe differently.
Mayor Abramowitz said he would like to know the reason
why the City negotiated this refund.
Thelma Brown -Porter, City Planner, said that Mr.
Greenwood submitted a memo regarding problems that may
occur if a refund was granted to Mr. Lautin. She said
staff reviewed other items Mr. Greenwood mentioned and
the first matter concerned the Kings Point development.
She said Mr. Greenwood was concerned with the possibility
of exposure in the amount of $51,382.50 and, after
reviewing the Clairmont development, staff noted that the
fees were based on a stipulated agreement and were fixed.
Mrs. Brown -Porter said Mr. Greenwood indicated that the
Woodmont Gardens fees may be exposed in the amount of
$69,750.00 and, after reviewing the files, staff realized
that the development was originally placed on hold in the
Planning Department until staff could determine if the
project would be permitted under the Broward County Code;
however, it was not until October 14, 1987, that the
Broward County Office of Planning notified the City's
Planning staff that the use was considered consistent
under the County Ordinance and this information was
received after the passage of the ERC Increase.
Mrs. Brown -Porter said Mr. Greenwood had concerns with
the Barnett Bank development with a possible exposure of
$2,929.50; however, the site plan for the project was
submitted in May, 1987 and removed from the Planning
office. She said the architect moved out of town and
resubmitted the concept site plan on September 23, 1987,
which was 1 day after the passage of the ERC Increase.
Mrs. Brown -Porter said Mr. Lautin's site plan was the
only one that came in prior to the passage of the ERC
Increase.
C/M Hoffman asked if this problem was caused by the
City's improper requests and Mayor Abramowitz said he
objected to the statement "improper".
Page 7
5/11/88
C/M Hoffman asked if Mr. Lautin could have continued
development if the City did not detain the matter.
Mayor Abramowitz asked if the development could have been
completed before the Ordinance was passed if Mr. Lautin
was informed properly of the possible increases and Mrs.
Brown --Porter replied, yes.
C/M Hoffman said the City asked Mr. Lautin to change the
plan; however, it could not be done. He said because of
the City's requests, Mr. Lautin was placed in this
situation. He asked if Mr. Lautin could have continued
with the development before he was asked to make the
changes and Mrs. Brown -Porter replied, yes.
C/M Rohr said the City collects the fees from the
developers in a fair manner; therefore, the City should
not be in a position to be accused of being arbitrary.
He said after studying this matter, he feels the City was
at fault as opposed to the developer.
V/M Stelzer asked who the Attorney was for the Landings
on Cypress Greens and Mrs. Brown -Porter said George
Platt.
V/M Stelzer asked who the Attorney was for Woodmont
Gardens and Mrs. Brown -Porter replied, George Platt.
V/M Stelzer asked what would prevent Mr. Platt from
asking for the fees for the other developments.
City Attorney Doody said this matter was not a legal
issue before the City Council at this time. He said the
Item before the City Council was equitable in nature and
he did not believe that the applicant -had legal right to
the fees; however, this was not the issue. He said he
has yet to see the Courts extend a doctrine of vested
rights to the imposition of fees; therefore, he did not
believe this matter to be a legal issue. He said the
City Council should consider the facts of what happened
in the process of the application and decide whether or
not the developer was treated fairly or unfairly. He
said on the basis of those facts under the Code, the City
Council had to determine whether the fees should be
returned.
Mayor Abramowitz said when this case was presented to him
it was not presented as a legal entity. He said this
case was presented to him as a fact that there was a
possible injustice done to a developer. He said if there
was a possible injustice done, the City Council should
try and correct the problem.
VOTE:
Mayor Abramowitz - Aye
V/M Stelzer
- Nay
C/M Bender
- Aye
C/M Hoffman
- Aye
C/M Rohr
- Aye
Page 8
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5/11/88
PUBLIC HEARING - 7:30 P.M.
Finance Department
19. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #5030
presenting a proposed use plan for the purpose of allocating
approximately $25,000.00 of unexpended FEDERAL REVENUE SHARING
FUNDS pursuant to the Federal Revenue Sharing Act, 96.064 of
1980.
SYNOPSIS OF ACTION: RESOLUTION NO. R-88-127 PASSED
Hearing Held.
APPROVED.
City Attorney Doody read Temp. Reso. #5030 by title.
* C/M Hoffman MOVED to APPROVE Tema. Reso. #5030, SECONDED by
* C/M Bender.
TAPE 2
Ken Burroughs, Finance Director, said the budget adopted
and effective October 1, 1987, appropriated $52,000.00
for equipment in the Public Works Department and, when
the formal bid was taken and awarded, the bid was
$27,000.00; therefore, there is $25,000.00 unexpended
funds. He said according to Federal Regulations
governing the Federal Revenue Sharing Fund, these funds
have to be allocated for use through Public Hearings.
C/M Hoffman asked if there are plans made for the use of
this money and Mr. Burroughs said the funds would be
placed in a Contingency Fund of the Federal Revenue
Sharing Fund. He said as the money is needed, the
expenditures would be brought before Council for
approval; however, the funds have to be expended by
September 30, 1988 or the funds will have to be returned
to the Government.
Mayor Abramowitz Opened the Public Hearing.
Melanie Reynolds, Resident of Sands Point, said the
public should be allowed input regarding the use of the
money and she asked if she was correct.
City Attorney Doody said this was why this Public Hearing
was being held. He said this Public Hearing was for the
public to relate what they felt the money was needed for.
Mrs. Reynolds said she was used to having this matter
handled in separate Public Hearings where the people are
notified of the matter.
Herb Hayes, Resident of Section 20, suggested the money
be used for a street sweeper for the Public Works
Department. He said there is constant debris on the
streets and the sweeper would save the City money as
opposed to renting one each time it is needed.
Mayor Abramowitz Closed the Public Hearing.
C/M Bender asked who would be responsible in monitoring
the money to see it is spent by September 30, 1988 and
City Manager Kelly said the money would be requested by
several departments; however, the approval of the
expenditures would have to be approved by the City
Council.
VOTE:
Page 9
ALL VOTED AYE
5/11/88
Community Development
20. PUBLIC HEARING - MOTION TO ADOPT Tem2. Reso. #5031
concerning request by MANUEL T. GUTIERREZ for a limited
parking waiver to permit a waiver of thirty (30) required
parking spaces at the CENTRE AT WOODMONT located at the
southwest corner of NW 78 Street and University, which lands
are zoned B-1 (Neighborhood Business). Petition #15-Z-88
SYNOPSIS OF ACTION:
Public Hearing Held.
APPROVED.
RESOLUTION NO. R-88-128 - PASSED
City Attorney Doody read Temp. Reso. #5031 by title.
Mrs. Brown -Porter said the zoning on the property is B-1
and the Master File number is 24-85. She said the type
of use being requested is to deviate from the normal
parking to allow for a waiver. She said the number of
acres involved is 5.41 and recorded in the Woodmont Block
of 30, Plat Book 123, Page 18. She said staff has
reviewed and recommended the waiver as outlined in the
backup and the Planning Commission approved of the waiver
due to the problems created during site plan review. She
said the original site plan limited the number of medical
offices allowed and due to the University Drive corridor
becoming a well known facility, more doctors would be
locating in the area. She said in order to accommodate
for the doctors, this waiver was needed.
* C/M Hoffman MOVED to APPROVE Temp. Reso. #5031, SECONDED by
* C/M Rohr.
C/M Hoffman asked if the development would have 345
parking spaces as opposed to the original 375 spaces and
Mrs. Brown -Porter said yes, if the medical uses were
calculated based on 1 per every 150 square feet; however,
one unit will allow for 6 doctors.
Mayor Abramowitz asked how the parking would be monitored
if the waiver is approved and Mrs. Brown -Porter said the
Occupational License Department had a very good
monitoring system. She said each doctor would have to
come in for a license and the Occupational License
Supervisor is responsible for monitoring all agreements.
Mayor Abramowitz Opened the Public Hearing.
Joe Padwa, Resident of Concord Village, had concerns with
the property having enough parking spaces for the
residents.
Mayor Abramowitz Closed the Public Hearing with no
further response.
VOTE:
ALL VOTED AYE
ORDINANCES
City Manager
21. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1383 on
second reading creating Section 16-9 of the Code�to provide
for conditions on the operation of off -road motor vehicles.
SYNOPSIS OF ACTION: ORDINANCE NO. 0-88-11 - PASSED
Public Heag Held.
APPROVED on second reading.
Page 10
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5/11/88
City Attorney Doody read Tem2, Ord. #1383 by title.
* C/M Rohr MOVED to APPROVE Temp. Ord. #1383 on second reading,
* SECONDED by C/M Bender.
V/M Stelzer asked if the Police Department would be
handling this matter and City Attorney replied, yes.
Mayor Abramowitz Opened and Closed the Public Hearing
with no response.
VOTE: ALL VOTED AYE
Community Development
22. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1381 on
second reading to amend Section 28-129 (b) of the Code to
provide that public golf courses shall be a permitted use in
the S-1 Recreational District and that a dining room, bar and
grill and snack bar may be operated at a public or private
country club through special exception approval.
SYNOPSIS OF ACTION: ORDINANCE NO. 0-88--12 - PASSED
Public Hearing Held.
APPROVED on second reading.
City Attorney Doody read Temp. Ord. #1381 by title.
* C/M Hoffman MOVED to APPROVE Temp. Ord. #1381 on second reading,
* SECONDED by C/M Bender.
Mrs. Brown -Porter said this Item was heard by the Staff
Review Committee and the Planning Commission. She
recommended this Item be approved. She said this
Ordinance will allow monitoring for all restaurants,
dining rooms and bar and grills. She said this Ordinance
requires the Petitioner to come before the City Council
through Public Hearing for approval of the uses.
Mayor Abramowitz Opened the Public Hearing.
Charles Elner, Resident of 4712 NW 58 Street, Mainlands
Section 7, had concerns with the golfers consuming
alcoholic beverages. He said there are several problems
with stray golf balls which have damaged homes.
V/M Stelzer said the Sabal Palm Golf Course had a bar
located in it for 16 years.
Mayor Abramowitz Closed the Public Hearing with no
further response.
VOTE:
ALL VOTED AYE
7. MOTION TO APPROVE a model sales facility in Building D,
Una-70 and 57, of UNIVERSITY CLUB APARTMENTS for a six-month
period from 5/11/88 to 11/11/88.
SYNOPSIS OF ACTION:
APPROVED.
* C/M Hoffman MOVED to APPROVE this Item, SECONDED by C/M Bender.
Mrs. Brown -Porter said this request was to allow for a
Model Sales request and, under the Code, a fee had to be
collected, and a waiver application had to be submitted
Page 11
5/11/88
before approval by the City Council. She said the fees
and application have been received and she recommended
approval.
VOTE:
ALL VOTED AYE
8. MOTION TO APPROVE renewal of a model sales facility for
WOODMONT CORP. Tracts 46, 50, 54, 57, 59, 60, 62, 64, 70, 71
and 72B for a six-month period from 5/11/88 to 11/11/88.
SYNOPSIS OF ACTION:
APPROVED.
* C/M Rohr MOVED to APPROVE this Item, SECONDED by C/M Hoffman.
Mrs. Brown -Porter said this Item would have normally
appeared under the Consent Agenda but could not because
of the delinquency in fee and the need to collect a
larger amount of money. She said the fee of $2,100.00
has been collected from the developer and she recommended
approval.
VOTE: ALL VOTED AYE
Public Works Department
9. MOTION TO APPROVE the transfer of $35,000.00 from
General Fund Contingency Account 001-872-589-975 to Parks
Renovation Account 001-555-572-539 for the Tamarac Park
Ballfield Renovation Project.
SYNOPSIS OF ACTION:
APPROVED.
* C/M Bender MOVED to APPROVE this Item, SECONDED by C/M Hoffman.
Mike Couzzo, Director of Public Works, said this project
represented a transfer from the Contingency Fund to do
the renovation of the ballfields existing at Tamarac
Park. He said this project has been planned for two
years; however, it was planned in the Capital Improvement
Fund which was contingent upon the sale of the City
properties. He said staff is recommending that the
transfer from the Contingency Fund be accommodated so
that the project can proceed and, when the City
properties are sold, the funds dedicated to this project
will be deposited in the Contingency Account,
C/M Rohr asked if the development fees could be used for
this capital improvement project and Mr. Couzzo said the
development fees fund is used for new capital projects as
opposed to renovation of an existing project.
At this time, Mayor Abramowitz gave the gavel to V/M
Stelzer.
Mayor Abramowitz said he would like the record to show
that the funds dedicated to this project from the sale of
the City properties would be placed in the Contingency
Account as opposed to the Parks and Recreation Account.
V/M Stelzer returned the gavel to Mayor Abramowitz.
VOTE: ALL VOTED AYE
Page 12 /'
5/11/88
Utilities/Engineering
10. MOTION TO APPROVE the Tamarac Utilities West Annual
Report of Water and Wastewater System for Fiscal Year 1986/87
as prepared by Hazen and Sawyer, P.C.
SYNOPSIS OF ACTION:
APPROVED.
* C/M Bender MOVED to APPROVE this Item, SECONDED by C/M Rohr.
Bill Greenwood, Director of Utilities/Engineering, said
the annual report was prepared by Hazen & Sawyer in
accordance with the bond requirements. He said the
report covered how the facility was utilized, financed
and the action of the capital improvements program. He
said the new drinking water regulation was stressed which
would have a very strong impact on this and all
Municipalities. He recommended this report be approved.
VOTE:
ALL VOTED AYE
11. MOTION TO APPROVE Addendum #15 to the engineering
agreement with Hazen and Sawyer, P.C., in the amount of
$98,200.00 for testing and ultimate recommendation of the
City's Water Treatment Facilities as requested under the
Safe Drinking Water Act (SDWA) and enforced by the U.S.
Environmental Protection Agency; and to APPROVE the
$98,200.00 from Water CIAC Uncommitted Funds 432-371-588-
995 to TUW Federal Safe Drinking Water Act Testing Fund 432-
371-533-4LC to fund this work under TUW Project 88-53.
SYNOPSIS OF ACTION:
APPROVED.
* C/M Hoffman MOVED to APPROVE this Item, SECONDED by C/M Rohr.
Mr. Greenwood said the City passed a Referendum several
years ago in the amount of $4,700,000.00 to expand the
existing water treatment plant to supply a good quality
water to the new residents. He said the projects have
been phased over the last couple of years and a new
8,000,000 gallon filter is under contract. He said
several years ago, it was contemplated to install another
8,000,000 gallon accelerator, which is a lime softening
plant, to supply the water to the new residents; however,
in 1986, the United States Environmental Protection
Agency drafted new proposed regulations. He said the
regulations are having a massive effect upon all
Municipal drinking water supplies.
Mr. Greenwood said the United States Environmental
Protection Agency is reviewing several constituents such
as by-products from disinfection. He said the most
commonly used disinfectant is chlorine. He said chlorine
reacts with organics in the water and forms cancer
causing agents which is not being regulated by the United
States Environmental Protection Agency. He said the
quantities of by-products are being decreased within the
allowance of the drinking water.
Mr. Greenwood said this study is to try to save this
Municipality money in the future. He said the proposed
regulations were exactly they say, proposed. He said the
final regulations for disinfection by-products will be
issued by January, 1989, with enforcement regulations by
June, 1992. He said it would a mistake to install an
Page 13 ��
5/11/88
existing treatment type process that may not be able to
meet the proposed new regulations. He recommended that
this study be implemented immediately.
V/M Stelzer asked if the funds would affect the water
rates being paid by the residents and Mr. Greenwood said
the monies would be coming from the developers' water
impact fees and would not have any impact upon the
existing water rates.
C/M Rohr asked if the system would have to updated when
the study is finished and Mr. Greenwood said the total
project cost is estimated at 4.7 million dollars and
should be sufficient to handle the process.
C/M Hoffman asked if the City had any idea of what the
standards would be and if testing is going to be done
without knowing the standards and Mr. Greenwood said the
proposed regulations have been written and are being
investigated.
C/M Hoffman asked if the testing to be done would be for
matters that the City is aware of and Mr. Greenwood
replied, yes.
C/M Hoffman asked if it would better to wait until the
standards are set before the City begins testing and Mr.
Greenwood said the standards are already written and the
City is running out of plant capacity. He said a new
plant is needed or development has to be shut down within
the City. He said the City will be testing on the
proposed standards and, after talking to Washington, D.C.
and the Department of Environmental Regulation in
Tallahassee, staff has been informed that no amendment to
the proposed standards is expected.
C/M Hoffman asked when the standards would be finalized
and Mr. Greenwood said January, 1991.
City Manager Kelly said there were 83 new organisms that
will have to be detected and an analysis is being
requested by Hazen & Sawyer in the study as well as an
economic impact of the implementation of the standards.
He said after the deadline is met for 83 new organisms
next year, the City will have to detect an additional 25
organisms each year thereafter. He said the City's water
is completely filtered; however, the failure to meet the
standards could develop into penalties. He said Mr.
Greenwood had to appear before Broward County's
Environmental Quality Control Board explaining why
Tamarac has not moved faster to negotiate settlements on
penalties that were expected to be imposed on the City
for failure to comply.
C/M Rohr asked if the study was being done because of the
new chemicals being used that were not considered
dangerous and Mr. Greenwood said several years ago the
standard procedure for testing was in parts per million;
however, with the new technology, testing for parts per
billion is being done.
Mayor Abramowitz said Mr. Greenwood submitted paperwork
which showed that 1 year ago, the Government required 3
tests by the Utility Department and this year 28 tests
were required. He said next year, 83 tests will be
required and every year following, an additional 25 tests
were requested. He said the testing is required by law
and the money had to be spent for the testing.
Page 14
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P-�
5/11/88
I
E
VOTE:
RESOLUTIONS
Building Department
ALL VOTED AYE
12. MOTION TO ADOPT Temp. Reso. #5001 approving waiver
from the provisions of the sign ordinance pertaining to color
requested by BANKATLANTIC in Colony Center (tabled on 4/12/88).
SYNOPSIS OF ACTION:
TABLED untx the information regarding the
logo is received.
City Attorney Doody read Temp. Reso. #5001 by title.
Bob Jahn, Chief Building Official, said this Item was
Tabled at the last meeting because the City Council
wanted proof of the logo colors for BankAtlantic's sign.
He said he has been in contact with BankAtlantic daily
and BankAtlantic's legal department is having a problem
in getting the logo's paperwork from the Government. He
said BankAtlantic has verbally assured him that the logo
is available; however, they have not been able to submit
it. He recommended that this Item be Approved subject to
the information being submitted in writing. He said if
there are any other problems and the information is not
received, the waiver would not become effective.
* C/M Rohr MOVED to TABLE Temp. Reso. #5001, SECONDED by C/M
* Hoffman.
VOTE:
ALL VOTED AYE
13. MOTION TO ADOPT Temp. Reso. #5028 approving waiver from
the provisions of the sign ordinance for a wall sign which is
less than the required 50-feet from the adjacent property line
requested by WELLENS FURNITURE COMPANY.
SYNOPSIS OF ACTION:
APPROVED with conditions.
RESOLUTION NO. R-88-121 - PASSED
City Attorney Doody read Temp. Reso. #5028 by title.
* C/M Rohr MOVED to APPROVE Temp. Reso. #5028, SECONDED by
* C/M Bender.
Mr. Jahn said this waiver is being presented to the City
Council because the Ordinance allows a sign on the side
of the building if 50-feet is present to the adjacent
building. He said there would not be 50-feet; however,
the adjacent property is vacant. He said the Planning
Commission denied this waiver as not complying with the
City Code. He said Mr. Wellens applied for a waiver and
recommended that the waiver be granted because a written
statement by Mr. Wellens will be given stating that if
and when a building is built adjacent to his property and
the new property owner objects to the sign, the sign will
be taken down.
Irving Wellens, Sr., Owner of Wellens Furniture, said he
has owned and operated the Wellens Furniture in Tamarac
for 17 years. He said his building was 39-feet from the
adjacent property line and the Ordinance requires a
setback of 25-feet which means a building could not be
closer than 64-feet. He said he is requesting this
Page 15
5/11/88
waiver on the basis that if and when the adjacent
property is developed and the owner objects to the sign,
he will see that the sign is removed and he would submit
this in writing to the City.
V/M Stelzer asked the City Attorney to get a copy of the
Agreement from Mr. Wellens and City Attorney Doody said
there is not an agreement; however, this Item could be
approved subject to an Agreement acceptable to his
office. He suggested an Agreement be made.
* C/M Rohr AMENDED the MOTION to include that an Agreement be
* drafted and signed for the City records stating that Mr.
* Wellens agrees to take the sign down if there are any problems.
City Attorney Doody said he understood that when the
adjacent property is built on, the sign will come down
and Mr. Jahn said the sign would come down if the
adjacent property owner objected to the sign.
TAPE 3
C/M Rohr said Mr. Wellens offered a condition to the
waiver of the sign and he asked that a letter of intent
be incorporated into the approval of the waiver stating
that the sign will be removed if the adjacent property
owner objects during and after the development of the
property.
Mayor Abramowitz said V/M Stelzer stated that the sign
would be in violation of the City Code if the adjacent
property is built on.
C/M Hoffman said if the City Council grants a waiver,
there would not be a violation and City Attorney agreed.
City Attorney Doody said there may be problems if the
City Council allows this waiver with conditions.
Mr. Wellens said he had no objections to having an
unconditional waiver; however, if the City Council
requires a conditional waiver, he would happy to comply.
C/M Bender said the decision regarding the condition of
the waiver should be discussed and approved by the City
Attorney and Mr. Wellens. He said as long as there is a
document drafted by the City Attorney which would be
protecting the City, the waiver should be issued.
Mr. Jahn said the adjacent property when built would not
bring Mr. Wellens' sign into violation; however,
foreseeing any possibility of change on the adjacent
property, the 50-foot requirement may not be met. He
said staff is asking Mr. Wellens to submit a letter of
agreement stating that the sign would be removed if the
City Code is being violated and if the adjacent property
owner objects to the sign.
City Attorney Doody said the City may be allowing the
adjacent property owner to decide if the sign remains and
he was not sure this was the intent of the City Code.
Mayor Abramowitz said he would like the City Attorney to
prepare a waiver that would be agreeable.
Mayor Abramowitz asked if the Planning Commission denied
this request for any other reason than the City Code and
Mr. Jahn said not that he is aware of.
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City Attorney Doody said he misunderstood Mr. Wellens by
thinking that Mr. Wellens agreed to have the sign removed
when the adjacent property is developed. He said the
City may have a legal. problem if the City allows the
adjacent property owner to make the decision on the sign
because the delegation of this decision was for the City
Council to decide as opposed to a private party. He said
the waiver could be approved, denied or enter into an
agreement that when the adjacent property is developed,
the sign will be removed. He said anything delegating
the decision to the adjacent property owner may present a
problem for the City.
* C/M Rohr AMENDED the MOTION to provide that the waiver be
* approved with a condition that when and if the neighboring
* land is developed, Mr. Wellens reappears before the City
* Council for further continuation of the waiver at which time,
* if the adjacent property owner objects, the matter will be
* handled, C/M Bender as SECOND to the Motion AGREED to the
* AMENDMENT.
City Attorney Doody asked Mr. Wellens if he objected
to filing an agreement in the records regarding this
waiver approval and Mr. Wellens replied, no.
VOTE:
City Manager
ALL VOTED AYE
14. MOTION TO ADOPT Temp. Reso. #5032 awarding Bid #88-18
in the amount of $83,150.00 to Network Security City Branches,
Inc., to furnish all materials and labor necessary for the
supply and installation of special electronics system for
TAMARAC MUNICIPAL COMPLEX, POLICE STATION.
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R-88-122 - PASSED
City Manager Kelly read Temp. Reso. #5032 by title.
* C/M Bender MOVED to APPROVE Temp.Reso. #5032, SECONDED by
* C/M Hoffman.
Keith Emery, President of Construction Management
Services, said originally the bid from the general
contractor as low bidder was too high for this
discipline. He said he rebid this project and most of
the projects concerning electrical matters are not bidded
through the general contractor. He said he received two
bidders on this project and the specifications allowed
for substitutions on the project. He said the high
bidder did not provide substitutions and after the bid,
he forfeited two substitutions for the bids and objected
to the fact that the low bidder did not meet the
requirements of the specifications regarding equal
manufacturers. He said after negotiations with Network
Security City Branches, Inc., an agreement to meet the
requirements of the general conditions and the
specifications was established. He recommended this Item
be approved.
City Manager Kelly said the low bidder asked for an
additional $8,247.00 for conditions and was refused on
the request resulting in the bid being lower.
V/M Stelzer asked what the special electronic equipment
was for and Mr. Emery said this equipment is a security
system for the Police Department. He said the equipment
Page 17 J
5/11/88
consisted of surveillance cameras, intercom and access
card system. He said this equipment is included into the
CDC (Dispatch Center) which controls the building itself.
He said police buildings are high security buildings and
this is why the equipment is needed.
Mayor Abramowitz asked if the four companies listed on
the bids were investigated and Mr. Emery said he
investigated the firms along with knowing the companies
personally. He said the companies references were
checked and a 100% performance bond is requested for this
project along with the necessary insurance.
Mayor Abramowitz asked if the City will be receiving
letters of recommendation on the companies and Mr. Emery
said there were no letters of recommendation. He said he
verbally discussed the companies eligibility with the
Presidents of the companies.
Mayor Abramowitz asked if the references could be asked
to submit letters of recommendation. He said the bids
were different in costs and equipment and when the
request was made for the low bidder to use the equipment
Sintex recommended, the low bidder requested
approximately $8,000.00 more which brought the low bid up
to the high bid. He said he would like to make sure that
this bid is the best bid for the City because the low bid
is not necessarily the best bid.
Mr. Emery said he is very familiar with the system of
bids because of his experience and he is very familiar
with the company. He said there were four substitutions
used by the low bidder and, after negotiations, the
bidder would only be using two substitutions. He said
the City would be saving over $20,000.00 on this bid.
C/M Rohr asked how long the guarantee was on the
performance bond and Mr. Emery said one year guarantee
after acceptance and the performance bond is a 100% labor
and material payment bond.
C/M Bender asked if the Chief of Police was consulted on
the approval of Network Security City Branches, Inc., bid
and Mr. Emery said the Chief Police did not bear on his
decision because he is not aware of the companies or the
system.
VOTE:
ALL VOTED AYE
15. MOTION TO ADOPT Temp. Reso. #5029 authorizing the
appropriate City officialstoexecute the Fifth Amendment to
Interlocal Agreement with Broward County providing for division
and distribution of the proceeds of the local option gas tax
imposed by the Broward County Local Option Gas Tax Ordinance.'
SYNOPSIS OF ACTION: RESOLUTION NO. R--88-123 - PASSED
APPROVED.
City Attorney Doody read Temp. Reso. #5029 by title.
* C/M Bender MOVED to APPROVE Temp. Reso. #5029, SECONDED by
* C/M Hoffman.
City Manager Kelly said this is an Amendment of the
Interlocal Agreement which would provide for the
distribution of funds based on the formula of the City's
population.
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Mayor Abramowitz asked if the population was correct and
City Manager Kelly said this was the latest accepted
population. He said no City ever agrees with the
population and complain that they have more people than
projected.
C/M Bender asked if the City could challenge the
population projection and City Manager Kelly said every
year when the projections are submitted, the Cities are
asked if the population projections are acceptable and
each City states that they have more people then
projected. He said the Cities must go through a full
scale local census to challenge the population at the
cost to the Cities.
C/M Bender asked if the difference in the City's
projected population was largely different than the
State's and City Manager Kelly said the difference is
approximately 2,000 people and with this minor
difference, it would not be worth the expenses needed for
a census.
City Attorney said the Agreement is extended until the
year 2018; however, there are annual updates of the
population.
PLO 11 or
Community Development
ALL VOTED AYE
17. MOTION TO ADOPT Temp Reso. #5035 approving a site plan
and related documents for WOODLAND LAKES, PARCEL L.
(to be located on the east side of NW 88 Avenue, north of Lagos
de Campo Boulevard and south of Colony West Clubhouse).
SYNOPSIS OF ACTION: RESOLUTION NO. R-88-125 - PASSED
APPROVED.
City Attorney Doody read Temp. Reso. #5035 by title.
* C/M Bender MOVED to APPROVE Temp. Reso. #5035, SECONDED by
* C/M Hoffman.
Mrs. Brown -Porter said the zoning of the property is R-3U
and the Master File is 27-81. She said the legal
description is Parcel L of Woodland Lakes, Plat Book 71,
Page 18. She said the use requested is a final site plan
for 41 dwelling units on 4.89 acres. She said originally
this development had been approved to have 43 units and,
after reviewing the site plan, staff recommended a
row -house concept be used in the result of condensing the
units to 41. She recommended this Item be approved.
V/M Stelzer asked if all of the fees were paid and Mrs.
Brown -Porter replied, yes. She said the bond amount was
not due at this time; however, the engineering fees were
prepaid.
VOTE: ALL VOTED AYE
City Council (V/M Stelzer)
23. MOTION TO ADOPT Temp. Ord. #1385 on first reading to
amend Article IIIC of Section 28-27.3 of the Code relating to
membership and procedures of the Plan Adjustment Committee.
SYNOPSIS OF ACTION:
Motion to Approve FAILED for lack of a Second.
Page 19
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5/11/88
City Attorney Doody read Temp. Ord. #1385 by title.
* V/M Stelzer MOVED to APPROVE Tem2. Ord. #1385.
Motion to Approve FAILED for lack of a Second.
City Council
24. DISCUSSION AND POSSIBLE ACTION regarding preparation of
Resolutions and Ordinances.
SYNOPSIS OF ACTION:
City Attorney will amend the Council procedures,
whereby no Council member may have the City Attorney
draft proposed resolutions and ordinances evidencing
the intention of the City without first acquiring the
majority approval of the City Council.
City Manager Kelly said he is concerned with the way the
matter of Resolutions and Ordinances are being handled.
He said the City Attorney needed assistance in directions
given to him regarding the preparation of Resolutions and
Ordinances. He recommended the City Council assist in
preparing an Ordinance by reporting the matter at a City
Council meeting under his report. He said if a
Resolution or Ordinance cannot be discussed at a City
Council meeting because of its urgency, the City Council
members can ask the City Manager to ask the City Attorney
to draft the Resolution or Ordinance because of its
urgency.
City Manager Kelly said during the City Council's
vacation, he will see that Resolutions and Ordinances of
importance are drafted and brought to the City Council
for their approval at the next City Council meeting. He
said the City Council should either agree to the drafting
of an Ordinance or Resolution at a City Council meeting
or allow the City Manager to determine if the request for
an Ordinance or Resolution is necessary.
* C/M Hoffman MOVED to APPROVE the discussion of this matter,
* SECONDED by C/M Rohr.
V/M Stelzer said it has been the policy of the Council
members to place an Ordinance or a Resolution on the
books through the City Attorney or the City Manager and
drafts of the Ordinance or Resolution would be sent to
the Council members for amendments, etc. He said in
January, 1988, he gave the City Attorney 9 different
matters regarding Resolutions and Ordinances and the City
Attorney feels that one Council member should not have
the right to ask for an Ordinance or Resolution drafting
without City Council approval; however, in the prior
year, there were several Resolutions and Ordinances
drafted upon request of one Council member. He said
there were several Ordinances and Resolutions which were
approved and which benefited the City.
V/M Stelzer said since the election, there have been
problems with the way Ordinances and Resolutions are
drafted. He said a question existed regarding whether
the City Council members had a right to request a
Resolution or Ordinance without prior City Council
approval. He said to have the City Council members
approve an Ordinance or Resolution before drafting would
delay the passage of the matters.
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TAPE 4
V/M Stelzer said if the City Manager had a feeling the
Ordinance or Resolution would be approved by the City
Council, he would approve the drafting to begin before
City Council authorization. He said the Charter Board
members can ask the City Attorney to draft a Resolution
or Ordinance and the City Attorney must draft the
Resolution or Ordinance. He said he wanted to avoid the
delay in drafting a Resolution and Ordinance.
City Attorney Doody said when he became employed with the
City, he started with the philosophy that he would
respond to each individual Council member's request for
an Ordinance. He said the system worked until recently
and the system is no longer acceptable to the City
Council. He said he has never said that he has too much
work from one Council member; however, the previous
system is not working. He said he would look for a
majority of the Council's approval before the drafting of
legislation. He said he would be happy to work with the
City Manager on legislation requested; however, his
office should have the opportunity to bring a request for
the drafting of an Ordinance or Resolution to the City
Council for approval.
C/M Hoffman said he agreed with V/M Stelzer regarding
City Council members requesting a drafting of a
Resolution or Ordinance to expedite a matter; however, it
was a waste of time and money to request the drafting of
an Ordinance or Resolution if the majority of the City
Council rejects it.
C/M Hoffman said the Council members should have the
right to request consideration of an idea in their report
or should have the absolute right to direct the
agendizing of an idea and the drafting of an Ordinance or
Resolution to the City Council for approval. He said the
City Council members should not waste the City Attorney's
time or the money to draft an Ordinance or Resolution
that will be denied by the City Council.
C/M Hoffman said there are emergency matters that have to
be handled and the City Manager should be authorized to
direct the City Attorney to begin drafting a Resolution
or Ordinance.
C/M Rohr said he would prefer that the City Manager
direct the drafting of emergency Ordinances and
Resolutions during the vacation period of the City
Council; however, the City Manager could call a Workshop
on Ordinances or Resolutions for City Council approval in
case of an emergency.
City Attorney Doody said the State Statutes provides for
emergency Ordinances or Resolutions.
At this time, Mayor Abramowitz gave the gavel to V/M
Stelzer.
Mayor Abramowitz said the City is run by all of the City
Council members. He said no one is trying to usurp the
power of any particular Council member. He said during
the Council meetings the City Council members have the
right to discuss anything during their reports. He said
the City Council should have the right to discuss a
matter suggested by one Council member before a
Resolution or Ordinance is drafted in which the City
Attorney will have the information needed to draft the
legislation.
Page 21
V/M Stelzer returned the gavel to Mayor Abramowitz.
V/M Stelzer said he would be bringing in 9 matters for
legislation at the next City Council meeting.
City Attorney Doody asked if the City Council wanted
Resolutions drafted in advance and Mayor Abramowitz said
he believes it is sensible to handle this matter this
way,
City Attorney Doody said at a previous Workshop meeting,
he understood that the City Council directed him to
investigate the law regarding parking in the swale which
he will continue to do unless the City Council prefers
that he did not.
The City Council DIRECTED City Attorney Doody to continue
the investigation and the drafting of the necessary
legislation regarding no parking in the swale.
C/M Rohr asked if City Attorney Doody wanted the City
Council to bring the drafting of legislation up during
the City Council reports so that a consensus could be
obtained.
City Attorney Doody said the City Council can either
bring the matter up during their reports or agendize the
item for discussion.
V/M Stelzer said he would like the public to have the
right to discuss this matter; therefore, he would like
the items agendized separately.
Mayor Abramowitz asked if the City Council should Vote on
the Item and City Attorney Doody said a Vote was not
needed because he had a consensus by the City Council.
V/M Stelzer suggested an Amendment to the City Council
procedures be submitted and City Attorney Doody said he
would see that this is done.
Anthony Grimaldi, Resident, had concerns with the public
not being able to comment on the items.
Mayor Abramowitz said the discussion would only be for
the City Attorney to determine the City Council's
opinions in drafting the legislation. He said nothing
will be passed at that time and would only be for City
Council input.
Bernard Hart, Resident, said the public would not be
allowed to discuss this matter unless there is a Public
Hearing held.
C/M Hoffman said if the majority of the Council did not
agree on an item, it would not make a difference if the
public discussed the matter. He said this process is
being done to avoid unnecessary time and money spent on
drafting a Resolution or Ordinance.
Mr. Hart said there were never complaints from previous
attorneys regarding too much work. He said the public
would not be allowed to speak on the matter if a Public
Hearing is not held.
At this time, Mayor Abramowitz gave the gavel to V/M
Stelzer.
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Mayor Abramowitz said the City Council is trying to
change the way things were to avoid problems in the
future. He said it is not the City Council's intent to
diminish the public's ability to discuss anything on the
Agenda. He said there are portions in the program which
allow the public to discuss matters on the Agenda and
matters that are not on the Agenda. He said if this is
not being done, he assures that it will begin to take
place. He said changes are very frightening; however,
change is in order here and he asked that the public give
the City Council a chance.
V/M Stelzer returned the gavel to Mayor Abramowitz.
V/M Stelzer said the public is allowed to discuss matters
which are not on the Agenda during the Public Forum
section of the Agenda and the public is permitted to talk
during Public Hearings; however, the public has not been
allowed to speak on any Item on the Agenda.
Mayor Abramowitz said if there is something that is not
being done properly, it will be changed.
C/M Hoffman said the matter regarding the public speaking
was instituted by Mr. Hart during his term as Mayor. He
said Mr. Hart said that the public would not be allowed
to speak on any matter which is not on the Agenda. He
said the City Council is agreeing to avoid the
unnecessary time and money spent on the drafting of
legislation by approving the legislation before it is
drafted.
Mayor Abramowitz said this type of arguing is ridiculous
and if the City Council meetings have to continue to all
hours of the night, they will do just that.
AGENDIZED BY CONSENT
25. MOTION TO ADOPT Temp. Reso. #5039 rescinding Resolution
R-88-105 which authorized execution of a Second Amendment to
Large User Wastewater Agreement between Broward County and the
city of Tamarac relating to purchase of wastewater reserve
capacity; AUTHORIZING the appropriate City officials to
execute a new and revised Second Amendment to the Large User
Wastewater Agreement between Broward County and the City of
Tamarac relating to purchase of wastewater reserve capacity.
SYNOPSIS OF ACTION: RESOLUTION NO. R-88-129- PASSED
AGENDIZED by Consent on Page 2.
APPROVED.
City Attorney Doody read Temp. Reso. #5039 by title.
Mr. Greenwood said the City Council previously passed a
second Amendment to the Large User Wastewater Agreement
and, on the first page, Item 2 neglected to contain
February 1, 1988. This Amendment would allow this date
to be inserted because the date is very important so that
the City will not be charged extra for the Agreement. He
said the City owns the capacity as of February 1, 1988
and would not be charged double for it.
* C/M Bender MOVED to APPROVE Temp. Reso. #5039, SECONDED by
* C/M Rohr.
VOTE: ALL VOTED AYE
Page 23
5/11/88
26. a. MOTION TO ADOPT Tem2. Reso. #5040 conveying a Quit
C1U m-Deed to Philip Frybergh for UNIVERSITY OFFICE PARK.
b. MOTION TO ADOPT Temp. Reso. #5037 accepting a 15-foot
Tamarac Utility West water and sewer utility easement along
University Drive, offered by Philip Frybergh, previous owner
and Tamarac Fortune Limited Partnership, present owner for
UNIVERSITY OFFICE PARK.
c. MOTION TO ADOPT Temp Reso. #5038 accepting right-of--
way Deed for 40--foot along Lots 22 and 23, Block 11, along
University Drive offered by Philip Frybergh, previous owner
and Tamarac Fortune Limited Partnership, present owner for
UNIVERSITY OFFICE PARK.
SYNOPSIS OF ACTION: RESOLUTION NO. R-88-130 - PASSED
AGENDIZED by Consent on Page 2. RESOLUTION NO. R-88-131 PASSED
APPROVED a, b and c. RESOLUTION NO. R-88-132 - PASSED
Mrs. Brown -Porter said this Item is a clean-up issue
only. She said the Items are the Conveyance of a Quit
Claim Deed from the City of Tamarac to Philip Frybergh
and must be approved first. She said the second Item for
approval must be the Easement which allows for the
Utility services and the final Item is a Right -of -Way
Deed which is a 40-feet conveyance to the City by deed.
She said this Item is before the City Council to correct
a problem that existed when the building was originally
built and the City accepted a Quit Claim Deed instead of
the proper Right -of -Way deed. She said there was a
scrivener's error that needed correction and the approval
for these Items are necessary so that the building could
be sold tomorrow.
a. City Attorney Doody read TeT mp. Reso. #5040 by title.
City Attorney Doody said the City would be giving the
Quit Claim Deed back to the developer who will be giving
the City the correct Right -of -Way Deed for the property
and this process would clear up a problem with the title
insurance.
* C/M Rohr MOVED to APPROVE Temp. Reso. #5040, SECONDED by
* C/M Hoffman.
VOTE: Mayor Abramowitz - Aye
V/M Stelzer - Aye
C/M Bender - Absent
C/M Hoffman - Aye
C/M Rohr - Aye
b. City Attorney Doody read Temp. Reso. #5037 by title.
Mrs. Brown -Porter said this Item was reviewed by the
Engineering Department and the document is in proper
form. She recommended this Item be approved.
* C/M Hoffman MOVED to APPROVE Temp. Reso. #5037, SECONDED by
* C/M Rohr.
VOTE: ALL VOTED AYE
c. City Attorney Doody read Temp. Reso. #5038 by title.
Mrs. Brown --Porter recommended this Item be approved.
* C/M Rohr MOVED to APPROVE Temp • Reso. #5038, SECONDED by
* C/M Bender.
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VOTE:
ALL VOTED AYE
With no further business, Mayor Abramowitz ADJOURNED this
meeting at 10:25 P.M.
NO[MAN ABRAMO I TZ , MAYOR
CAROL E. BARBUTO, CITY CLERK
"This public document was promulgated at a cost of $229.50 or $6.38 per
copy to inform the general public, public officers and employees of
recent opinions and considerations of the CityC;ouncil of the City of
Tamarac."
Page 25
CITY OF TA iV,1 ARAC
APPROVED AT MEETING OF 6 S 88
City Clerk
ATTACHr-1ENT 1
C/M Rohr's Report under City Council Reports - See Ppce 5
"".Senate panel abandons
"baffle for amendment
By DIANE HIRTH
Tallahassee Bureau
Twelve years ago, Florida joined the wave of state
legislatures formally calling for a convention to
y s. draft a balanced budget amendment to the U.S. Con-
stitution.
As years passed, the wave crashed. The move fell
r two states short of the 34 necessary for a convention.
far On Thursday, the Senate Rules Committee voted
6-3 to rescind Florida's convention call.
" The wave appears to be going in the opposite di-
rection now. Senate Rules Chairman Dempsey Bar-
ron, a powerful conservative, said a convention is not
only a danger to the U.S. Constitution but a political
failure. He noted the Alabama Legislature recently
voted to rescind its convention call.
"It's mq judgment that if we keep giving [Con-
gress] the escape hatch ... they will never balance
the budget," said Barron, D-Panama City. "What
we've tried to do for 12 years doesn't work and may-
be if they can't hide behind us, they will be compelled
to act."
The measure's sponsor, Sen. Marlene Woodson, R-
Bradenton, said she has commitments of support
from a majority of the 40-member Senate. And a key
House proponent Rep. Elaine Bloom,D-Miami
Beach, said chances appear good that most of her
A colleagues will endorse the call to rescind.
"The conservative wing has really made the dif-
ference," Bloom said. "The message from all points
r; of the spectrum is very, very clear now that we'd all
fear what kind of turmoil we'd throw the nation
into."
C
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