HomeMy WebLinkAbout1988-08-10 - City Commission Regular Meeting Minutes1
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7525 NW 88 Avenue
TAMARAC, FLORIDA 33321-2401
RECORDS OF COUNCIL ACTIONS/DISCUSSION
CITY OF TAMARAC
CITY COUNCIL
REGULAR COUNCIL MEETING
WEDNESDAY, AUGUST 10, 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.
INTRODUCTION
1. ANNOUNCEMENT of a vacancy on the BOARD OF ADJUSTMENT
for an alternate member.
FINAL ACTION:
ANNOUNCEMENT of vacancy was made.
CONSENT AGENDA
2. Items listed under Consent Agenda, Item 2, are viewed
to be routine and the recommendation will be enacted by
one motion in the form listed below. If discussion is
desired, then the item(s) will be removed from the
Consent Agenda and will be considered separately.
Building Department
a. MOTION TO ADOPT Tem . Reso. #5113 releasing a cash
bond in the amount of $1,000.00 posted by Heritage
Quality Construction Co., Inc., for the swimming
pool on Lot 78 of WOODMONT TRACT 57, 8537 NW 77
Street (Permit #205--88).
FINAL ACTION: RESOLUTION NO. R-88-204 PASSED.
APPROVED.
b. MOTION TO APPROVE the attendance of Leonard
Kitchman, Fred Hoffman and Cary Bauer, Building
Department, at the 23rd Annual Seminar and School
of Education of the Florida Association of
Plumbing, Gas and Mechanical Inspections on
October 3-7, 1988, in Clearwater Beach, Florida.
FINAL ACTION:
APPROVED.
Page 1
8/10/88
City Clerk
2. c. MOTION TO APPROVE the minutes of the following
City Council meetings:
1) 6/ 8/88 - Regular Meeting
2) 6/22/88 - Regular Meeting
FINAL ACTION:
APPROVED.
d. MOTION TO APPROVE renewal of a model sales permit
for LAKE COLONY BROOKWOOD GARDENS) in Units 30,
31, and 32 and waiver of the 300-foot distance
requirement for issuance of certificates of
occupancy for a six-month period from 8/27/88 to
2/27/89.
FINAL ACTION:
APPROVED.
e. MOTION TO ADOPT Temp. Reso. #5111 renewing a
waiver to the sign chapter of the Code for a
temporary over sized ground sign for LAKES OF
CARRIAGE HILLS, 6180 Rock Island Road, for one
year from 9/14/88.
FINAL ACTION:
REMOVED from the agenda.
Utilities/Engineering
f. MOTION TO ADOPT Temp. Reso. #5121 declaring the
Water and Sewer Developers Agreement for ISLES OF
TAMARAC in default for Lots 3 and 5 of Block 373.
FINAL ACTION:
APPROVED.
RESOLUTION NO. R-88-206 PASSED.
g. MOTION TO ADOPT Temp. Reso. #5124 accepting a
Sewer Utility Easement offered by C.F. Holdings,
Inc., for the CALIFORNIA FEDERAL SAVINGS AND LOAN
ASSOCIATION project on Rock Island Road.
FINAL ACTION:
APPROVED.
RESOLUTION NO. R-88-207 PASSED.
h. 1. MOTION TO ADOPT Temp. Reso. #5114 accepting a
Blanket Safety Ingress Egress Easement offered
by Icon Development Corporation for the MISSION
LAKES project.
2. MOTION TO APPROVE a Water and Sewer Developers
Agreement with Icon Development Corporation for
the MISSION LAKES PROJECT.
(located at Southgate Boulevard and NW 71
Avenue)
FINAL ACTION: RESOLUTION NO. R-88-208 PASSED.
APPROVED hl and h2.
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2. i. MOTION TO ADOPT Temp. Reso. #5115 accepting a
Tamarac Utilities West Water and Sewer Utility
easement offered by Robert P. Meyer Development
Corporation for Lot 6 of WOODMONT TRACT 57 in order
to provide sufficient easement for the existing
sewer lines constructed on the edge of the existing
utility easements.
FINAL ACTION: RESOLUTION NO. R--88-209 PASSED.
APPROVED.
j. 1. MOTION TO ADOPT Temp._ Reso_ #5116 releasing
performance Letter of Credit #65-00100787 in the
amount of $62,732.00 posted for public
improvements at FRIEDES COMMERCE CENTER subject
to receipt of a one-year warranty bond in the
amount of $15,810.00.
2. MOTION TO ADOPT Temp. Reso. #5117 accepting a
bill -of sale offered by F and R TAMARAC, LTD.,
for the water distribution and sewage collection
system improvements at FRIEDES COMMERCE CENTER.
3. MOTION TO ADOPT Temp. Reso. #5118 accepting a
Blanket Utility Easement offered by F and R
TAMARAC, LTD., for the FRIEDES COMMERCE CENTER
project.
FINAL ACTION: RESOLUTION NO. R-88--210 PASSED.
RESOLUTION NO. R-88--211 PASSED.
RESOLUTION NO. R-88-212 PASSED.
APPROVED j1, j2 and j3.
k. 1. MOTION TO ADOPT Temp. Reso. #4995 accepting a
Canal Right -of -Way, Canal Maintenance, and
Drainage Easement offered by Fundamental
Hopkins -Easton No. 11, Ltd., for the VISUAL
GRAPHICS project.
2. MOTION TO ADOPT Temp. Reso. _#4996 accepting a
Canal Maintenance Easement offered by
Fundamental Hopkins --Easton No. 11, Ltd., for the
VISUAL GRAPHICS project.
(tabled on 4/12/88)
FINAL ACTION:
RESOLUTION NO. R-88--213 PASSED.
RESOLUTION NO. R-88-214 PASSED.
APPROVED kl and k2.
OPEN PUBLIC FORUM
3.
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. Speakers were James
Collier, Carl Alper,
Ron Catronio, and Bernard Hart.
REPORTS
4.
City Council
5.
City Manager
6.
City Attorney
Page 3
8/10/88
CONSIDERATIONS
Community Development
7. MOTION TO APPROVE a model sales facility for GREENVIEW
APARTMENTS in Building #9 for a six-month period from
8/10/88 to 2/10/89.
FINAL ACTION:
TABLED.
General Administrative
8. MOTION TO APPROVE the transfer of approximately
10,000.00 from Federal Revenue Sharing Contingency to
various accounts to purchase office equipment for
various departments.
FINAL ACTION:
APPROVED.
RESOLUTIONS
Community Development
9. MOTION TO ADOPT Temp. Reso. #5125 acknowledging certain
real property annexation of 6 17 88 which extended and
enlarged the corporate limits of the City to include
specified unincorporated lands within said corporate
limits.
FINAL ACTION:
APPROVED.
RESOLUTION NO. R-88-215 PASSED.
Public Works andUtilitiesDepartments
10. MOTION TO ADOPT Temp. Reso. #5126 awarding Bid #88-26
to Uniforms for Industry, Inc., in the amount of
$572.75 per week for uniform rental service.
FINAL ACTION: RESOLUTION NO. R-88-216 PASSED.
APPROVED.
Utilities/Engineering
11. a. MOTION TO ACCEPT a check in the amount of $9,500.00
from NATIONAL SAFETY COUNCIL and to AUTHORIZE
issuance of a check in the amount of 9,500.00 from
Tamarac to the City of Fort Lauderdale for the
installation of a 6-inch master meter at the
NATIONAL SAFETY COUNCIL project.
b. MOTION TO ADOPT Tem p.
Reso. #5127 accepting a
Tamarac Utilities East Water and Sewer Utility
Easement offered by Raymond A. and Leona Rogers for
a sewer line from the NATIONAL SAFETY COUNCIL
project to an existing sewer line on NW 19 Way.
FINAL ACTION:
APPROVED lla.
TABLED llb for opinion of title.
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8/10/88
City Council
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12. MOTION TO ADOPT Temp. Reso. #5128 appointing two (2)
members to the Parks and Recreation Board.
FINAL ACTION: RESOLUTION NO. R-88-205 PASSED.
APPOINTED William H. George, Jr. and Ben Zuger as
members.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
ORDINANCES
PUBLIC HEARINGS - 7:30 P.M.
City Council
13. PUBLIC HEARING MOTION TO ADOPT Temp. Ord.#1392 on
second readingto amend Articlee II, Section 18A-8(c) of
the Code to delete the requirement that two (2) members
of the Parks and Recreation Board be between 16 and 19
years of age.
FINAL ACTION:
ORDINANCE
NO. 0-88-18
PASSED.
APPROVED
on second reading. Public
hearing was
held.
Community_ Development
14. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1387 on
second reading amending Section 18--3(1) d of the Code
to permit ninety (90) degree parking in all non
residential parking spaces.
FINAL ACTION: ORDINANCE NO. 0-88--19 PASSED.
APPROVED on second reading as amended. Public hearing
was held.
15. a. MOTION TO ACCEPT Affidavits of Publication, Mailing
and Posting for Temp. Ord. #1394. Petition
#18-Z-88
b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1394 on
first reading concerning a request by STUART FEINER
to rezone the recreation area for the proposed
residential development to be known as COLONY COVE
located on the east side of NW 88 Avenue, south of
Colony West Golf Course Clubhouse, from R--3U (Row
House) to S-1 (Open Space/Recreational). Petition
#18-Z-88
FINAL ACTION:
a. ACCEPTED Affidavits.
b. APPROVED on first reading. Second reading and
public hearing will be held during the regular City
Council meeting, August 24, 1988, at 10:00 A.M.
Page 5
8/10/88
Building Department
16. MOTION TO ADOPT Temp. Ord. #1393 on first reading
amending Chapter 10-A of -the Code to update the City's
flood hazard requirements to meet State and Federal
criteria.
FINAL ACTION:
APPROVED on first reading. Second reading and public
hearing will be held during the regular City Council
meeting, August 24, 1988, at 10:00 A.M.
Council - V/M Stelzer
17. DISCUSSION AND POSSIBLE ACTION on a Recycling Program.
FINAL ACTION:
TABLED.
•
The City Council may consider and act upon such other
business as may come before it.
In the event this agenda must be revised, such revised
copies will be available to the public at the City Council
meeting.
Pursuant to Chapter 286.0105, Florida Statutes, if a person
decides to appeal any decision made by the City Council with
respect to any matter considered at such meeting or hearing,
he may need to ensure that a verbatim record of the
proceedings is made which record includes the testimony and
evidence upon which the appeal is based.
Carol E. Barbuto
City Clerk
BUDGET WORKSHOP MEETINGS
Budget Workshop Meetings will be held by the City Council in
Conference Room #1 (City Clerk's Office) on:
Monday, August 8 - Starting at 10:30 a.m.
Tuesday, August 9 - Starting at 1:00 p.m.
Thursday, August 11 - Starting at 9:00 a.m.
Page 6
8/10/88
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CITY OF TAMARAC
CITY COUNCIL REGULAR MEETING
WEDNESDAY, AUGUST 10, 1988
TAPE 1
CALL TO ORDER: Mayor Abramowitz called this Regular City Council
meeting to Order on Wednesday, August 10, 1988 at 7:00 P.M. in the
Council Chambers.
MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Abramowitz called for the
Pledge of Allegiance followed by a Moment of Silent Meditation dedicated
to Irving Weber, former Charter Board member.
PRESENT:
ALSO PRESENT:
DEDICATION
Mayor Norman Abramowitz
Vice Mayor Jack Stelzer
Councilman Dr. H. Larry Bender
Councilman Bruce Hoffman
Councilman Henry Rohr
John P. Kelly, City Manager
Richard Doody, City Attorney
Carol E. Barbuto, City Clerk
Pauline Walaszek, Special Services
Secretary
Mayor Abramowitz announced that there were religious
present to bless the Municipal Complex and the City. A
prayer and blessing was given by the following: Father
Dominic O'Brien of Saint Malachy's Church, Rabbi Kurt
Stone of the Tamarac Jewish Center, Reverend Gerald
Martel of The Woodlands United Methodist Church and Kaye
Clausac of All Saint's Lutheran Church.
INTRODUCTION
1. ANNOUNCEMENT of a vacancy on the BOARD OF ADJUSTMENT for an
alternate member.
SYNOPSIS OF ACTION:
ANNOUNCED.
Mayor Abramowitz ANNOUNCED the vacancy of an Alternate
position on the Board of Adjustment. He said anybody
interested should obtain an application from the City
Clerk's Office.
CONSENT AGENDA
City Clerk
2. e. MOTION TO ADOPT Temp. Reso. #5111 renewing a waiver
To the sign chapter of tRe Code for a temporary over -sized
ground sign for LAKES OF CARRIAGE HILLS, 6180 Rock Island
Road, for one year from 9/14/88.
SYNOPSIS OF ACTION:
REMOVED from the Agenda.
* V/M Stelzer MOVED to REMOVED Item 2., e. from the Agenda,
* SECONDED by C/M Rohr.
Page 1 �%
8/10/88
VOTE:
ALL VOTED AYE
CONSIDERATIONS
Community Development
7. MOTION TO APPROVE a model sales facility for GREENVIEW
APARTMENTS in Building #9 for a six-month period from 8/10/88
to 2/10/89.
SYNOPSIS OF ACTION:
TABLED.
* V/M Stelzer MOVED to TABLE this Item, SECONDED by C/M Rohr.
VOTE: ALL VOTED AYE
RESOLUTIONS
Utilities/Engineering
11. a. MOTION TO ACCEPT a check in the amount of $9,500.00
from NATIONAL SAFETY COUNCIL and to AUTHORIZE issuance of
a check in the amount of $9,500.00 from Tamarac to the City
of Fort Lauderdale for the installation of a 6-inch master
meter at the NATIONAL SAFETY COUNCIL project.
b. MOTION TO ADOPT Temp. Reso. #5127 accepting a Tamarac
Utilities East Water and Sewer Utility Easement offered by
Raymond A. and Leona Rogers for a sewer line from the
NATIONAL SAFETY COUNCIL project to an existing sewer line
on NW 19 Way.
SYNOPSIS OF ACTION:
b. TABLED.
a. SEE PAGES 11 and 12 for Final Action.
* V/M Stelzer MOVED to TABLE Item 11 b., SECONDED by C/M Hoffman.
VOTE: ALL VOTED AYE
CONSENT AGENDA - Item 2, a through k
Building DUartment
2. a. MOTION TO ADOPT Temp. Reso. #5113 releasing a cash
bond in the amount of $1,000.00 posted by Heritage Quality
Construction Co., Inc., for the swimming pool on Lot 78 of
WOODMONT TRACT 57, 8537 NW 77 Street (Permit #205-88).
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R-88-204 - PASSED
b. MOTION TO APPROVE the attendance of Leonard Kitchman,
Fred Hoffman and Cary Bauer, Building Department, at the
23rd Annual Seminar and School of Education of the Florida
Association of Plumbing, Gas and Mechanical Inspections on
October 3-7, 1988, in Clearwater Beach, Florida.
SYNOPSIS OF ACTION:
APPROVED.
City Clerk
c. MOTION TO APPROVE the minutes of the following City
Councilmeeti g
1) 6/ 8/88 - Regular Meeting
2) 6/22/88 - Regular Meeting
J
Page 2 v
WAUAM
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SYNOPSIS OF ACTION:
APPROVED.
d. MOTION TO APPROVE renewal of a model sales permit
for -LAKE COLONY (BROOKWOOD GARDENS) in Units 30, 31 and 32
and waiver of the 300-foot distance requirement for issuance
of certificates of occupancy for a six-month period from
8/27/88 to 2/27/88.
SYNOPSIS OF ACTION:
APPROVED.
e. MOTION TO ADOPT Temp. Reso. #5111 renewing a waiver
to the sign chapter of the Code for a temporary over -sized
ground sign for LAKES OF CARRIAGE HILLS, 6180 Rock Island
Road, for one year from 9/14/88.
SYNOPSIS OF ACTION:
REMOVED r om the Agenda on Page 1.
Utilities/Engineering
f. MOTION TO ADOPT Temp. Reso. #5121 declaring the Water
and Sewer Developers Agreement or ISLES OF TAMARAC in
in default for Lots 3 and 5 of Block 373.
SYNOPSIS OF ACTION: RESOLUTION NO. R-88-206 - PASSED
APPROVED.
g. MOTION TO ADOPT Temp. Reso. #5124 accepting.a Sewer
Utty Easement offered by C.F. Holdings, Inc., for the
CALIFORNIA FEDERAL SAVINGS AND LOAN ASSOCIATION project on
Rock Island Road.
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R--88-207 - PASSED
h. 1. MOTION TO ADOPT Temp. Reso. #5114 accepting a
Blanket Safety Ingress Egress Easement offered by Icon
Development Corporation for the MISSION LAKES project.
2. MOTION TO APPROVE a Water and Sewer Developers
Agreement with Icon Development Corporation for the
MISSION LAKES PROJECT.
(located at Southgate Boulevard and NW 71 Avenue)
SYNOPSIS OF ACTION: RESOLUTION NO. R--88--208 - PASSED
APPROVED 1 and 2.
i. MOTION TO ADOPT Te� mp. Reso. #5115 accepting a Tamarac
Utilities West Water and Sewer Utility easement offered by
Robert P. Meyer Development Corporation for Lot 6 of
WOODMONT TRACT 57 in order to provide sufficient easement
for the existing sewer lines constructed on the edge of
the existing utility easement.
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R-88-209 - PASSED
j. 1. MOTION TO ADOPT Temp. Reso. #5116 releasing
performance Letter of Credit 65-00100787 in the amount
$62,732.00 posted for public improvements at FRIEDES
COMMERCE CENTER subject to receipt of a one --year warranty
bond in the amount of $15,810.00.
Page 3 �%
8/10/88
2. MOTION TO ADOPT Te�. Reso. #5117 accepting a
bill of sale offered by F and R TAMARAC, LTD., for the
water distribution and sewage collection system improve-
ments at FRIEDES COMMERCE CENTER.
3. MOTION TO ADOPT Temp. Reso. #5118 accepting a
Blanket Utility Easement offered by F and R TAMARAC,
LTD., for the FRIEDES COMMERCE CENTER project.
SYNOPSIS OF ACTION: RESOLUTION NO. R-88-210 - PASSED
APPROVED 1, 2 and 3. RESOLUTION NO. R--88-211 - PASSED
RESOLUTION NO. R-88-212 - PASSED
k. 1. MOTION TO ADOPT Te mpg Reso. #4995 accepting a
Canal Right -of -Way, Canal Mai enance, and Drainage
Easement offered by Fundamental Hopkins --Easton No. 11,
Ltd., for the VISUAL GRAPHICS project.
2. MOTION TO ADOPT Temp. Reso. #4996 accepting a
Canal Maintenance Easement offered by Fundamental
Hopkins -Easton No. 11, Ltd., for the VISUAL GRAPHICS
project.
(tabled on 4/12/88)
SYNOPSIS OF ACTION: RESOLUTION NO. R-88-213 - PASSED
APPROVED 1 and 2. RESOLUTION NO. R-88-214 - PASSED
* C/M Hoffman MOVED to APPROVE the Consent Agenda Item 2, a.
* through k, with the exception of e., SECONDED by C/M Bender.
VOTE:
OPEN PUBLIC FORUM
ALL VOTED AYE
3. 2pen Public Forum
James Collier, Resident of Boulevards of Tamarac, had
concerns about areas in Tamarac where vehicles are
parking on the lawns and swales. He said the City of
Lauderdale Lakes recently passed an Ordinance which
prohibited the parking of vehicles on lawns and he asked
the City Council to consider adopting a similar Ordinance
because the property values of these areas were
decreasing. He submitted into the record, pictures of
these areas and copies of the City of Lauderdale Lakes
recent Ordinance.
Carl Alper, Resident, had concerns with Tamarac's sign
Ordinance. He said there are signs presently in Tamarac
that are decreasing the City's beautification. He asked
what happened to the Sign Ordinance that was to be
revised by the City Attorney.
Mayor Abramowitz said the Ordinance was presently being
drafted and would be submitted to the City Council when
it was completed.
Ron Catronio, Resident of Sunflower/Heathgate and Charter
Board member, said the families of Sunflower/Heathgate
were doing well. He said he was very pleased to see the
Municipal Complex occupied and operating. He had
concerns regarding the Recreation projects and asked if
these projects could be discussed.
C/M Hoffman said he would be reporting on these matters
during the City Council Reports.
Page 4 ,
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Bernard Hart, Resident, asked if the City Attorney
received a ruling from the Attorney General's Office
regarding the Charter Board solely creating and
submitting Amendments for Ballots.
Mayor Abramowitz said the City Attorney would be
reporting on this matter during City Attorney's Report.
ORDINANCES
PUBLIC HEARINGS - 7:30 P.M.
City Council
13. PUBLIC HEARING -- MOTION TO ADOPT Temp_ Ord. #1392 on
second reading to amend Article II, Sect11.on 18A-8(c) of the
Code to delete the requirement that two (2) members of the
Parks and Recreation Board be between 16 and 19 years of
age.
SYNOPSIS OF ACTION: ORDINANCE NO. 0-88-18 - PASSED
Public Hear g was held.
APPROVED on second reading.
City Attorney Doody read Te� mp. Ord. #1392 by title.
* C/M Hoffman MOVED to APPROVE Temp.- Ord. #1392 on second
reading, SECONDED by C/M Bender.
C/M Hoffman said the changing of the Ordinance would not
prohibit teenagers from serving on the Board; however,
the previous Ordinance with two teenager positions could
not be filled. He said this Ordinance would allow the
Board to have 7 Regular members in which a quorum would
be easier to maintain.
Mayor Abramowitz Opened and Closed the Public Hearing
with no response.
VOTE:
Community Development
ALL VOTED AYE
14. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1387 on
second reading amending Section 18-3(1)(d) of the Code to
permit ninety (90) degree parking in all non-residential
parking spaces.
SYNOPSIS OF ACTION: ORDINANCE NO. 0-88-19 - PASSED
Public Hearing was held.
APPROVED on second reading as Amended.
City Attorney Doody read Temp. Ord. #1387 by title.
City Attorney Doody said Lines 31 and 32, "except in
Residential Districts", should be struck through so the
language will read as follows, "All parking spaces shall
be 30, 45, 60 or 90 degree angles."
* C/M Bender MOVED to APPROVE Temp. Ord. #1387 on second reading
* as Amended, SECONDED by C/M Ro i.
Thelma Brown -Porter, City Planner, said staff was
recommending approval with the Amendments.
Mayor Abramowitz Opened the Public Hearing.
Page 5
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Carl Alper, Resident, said the National Safety Council
was against this 90 degree parking because the Ordinance
would allow the developers to choose the parking. He
said the citizens of Tamarac were elderly and 90 degree
parking was dangerous because of the required depth
reception that many of the residents had difficulty with.
He said if the City passed this Ordinance there may be
problems with the City having to be defendants in
lawsuits because of development design.
Mayor Abramowitz said the Ordinance was not a developers
Ordinance. He said there have been surveys taken
indicating that more accidents occur because of angle
parking as opposed to 90 degree parking..
C/M Rohr said the purpose of the addition of 90 degree
parking was to avoid the many Special Exceptions that are
being presented to the City Council. He said the
Ordinance was not eliminating other parking, it was only
being changed to allow 90 degree parking as well as other
parking degrees.
V/M Stelzer asked if the aisles for 90 degree parking
would have "Do Not Enter" and "One way" signs.
Mrs. Brown -Porter said this
required that at the end of
circulation sign be posted.
was being done and it was
each aisle, a traffic
V/M Stelzer asked if this requirement was listed in the
Code and Mrs. Brown -Porter said this requirement was
listed under the Sub -Division Code currently in effect.
Mr. Alper said the City used to require variances for
angle parking because the Planning Commission was not
refusing the parking requests. He said the only purpose
for allowing 90 degree parking was to allow more room on
the developments.
C/M Hoffman said he favored 90 degree parking because the
surveys indicated that 90 degree was safer than angle
parking. He said this Ordinance was not being changed
for the developers' convenience.
Mayor Abramowitz said this Ordinance was not eliminating
other types of parking; however, this Ordinance would
allow staff to survey the appropriate parking for the
area for the safety of the residents.
C/M Bender said that 90 degree parking did allow more
space in developments; however, the developers were not
using this type of parking because it was not available.
He said because of this, developers were not interested
in building in the City.
Mayor Abramowitz Closed the Public Hearing with no
further response.
VOTE:
TAPE 2
ALL VOTED AXE
15. a. MOTION TO ACCEPT Affidavits of Publication, Mailing
and Posting for Temp. Ord. #1394. Petition #18--Z-88
Page 6
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8/10/88
b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1394 on
first reading concerning a request by STUART FEINER to
rezone the recreation area for the proposed residential
development to be known as COLONY COVE located on the east
side of NW 88 Avenue, south of Colony West Golf Course Club-
house, from R-3U (Row House) to S-1 (Open Space/Recre-
ational). Petition #18-Z-88
SYNOPSIS OF ACTION:
Public Hearing held.
a. ACCEPTED.
b. APPROVED on first reading.
Second reading and Public Hearing will be held during the
regular City Council meeting, August 24, 1988, at 10:00 A.M.
* a. C/M Hoffman MOVED to ACCEPT the Affidavits of Publication,
* Mailing and Posting for Temp. Ord #1394, SECONDED by C/M Bender
VOTE: ALL VOTED AYE
b. City Attorney Doody read Temp. Ord. #1394 by title.
* C/M Bender MOVED to APPROVE Temp.- Ord. #1394 on first reading,
* SECONDED by C/M Rohr,
TAPE 3
Thelma Brown -Porter, City Planner, said the zoning on the
property is R-3U.
Mrs. Brown -Porter said the request was to rezone the
property from R-3U to S-1 for a Recreation Area and Open
Space. She said the number of acres is .333 and she
recommended approval.
Mayor Abramowitz Opened and Closed the Public Hearing
with no response.
VOTE: ALL VOTED AYE
REPORTS
4. City Council
C/M Hoffman reported that the Parks and Recreation Board
reviewed Conceptual Plans for the Tamarac Sports Complex
(Tract 27) and the Plans included two Phases. He said
Phase I would be constructed first and would include
ballfields, a concession stand, parking, tot lot, etc.
He said there have been concerns regarding tennis courts
at the park; therefore, Phase II would contain
approximately 10 tennis courts for the public.
C/M Hoffman said the Conceptual Plans for the
Multi -Purpose Building have been reviewed and the Final
Plans would be brought back to the City Council for
approval.
C/M Hoffman said all of the ballfields at Tamarac Park
are being resodded and a new irrigation system is being
installed. He said the ballfields will be completed and
ready for play in October, 1988.
C/M Hoffman said the Grant monies for the restrooms at
Veteran's Park are in the final stages and there may be
Grants available for the construction of the Tamarac
Sports Complex and the Multi -Purpose Building. He said
the City is presently applying for those Grants.
Page 7
M. FATI TA ::
C/M Rohr reported that he met with the City Manager and three
Representatives from Waste Management, Inc. He said the
discussion was in regard to Programs for recycling and
Waste Management, Inc., was presently drafting proposals.
He read a letter submitted by Waste Management, Inc.
(SEE ATTACHMENT #1).
C/M Rohr said Waste Management, Inc., was working on a
convenient program for Condominiums and Residential
Homes. He said after the proposal is received, the City
Council could decide if Tamarac should create their own
program or join with the surrounding Cities in creating a
program. C/M Rohr said the tipping fees for the waste is
becoming increasingly high; therefore, a recycling
program was needed to avoid the rising costs.
0
C/M Bender reported that he was liaison for the Social Services
.Board. He said there were several services provided for
by the Board and one service was transportation. He said
the services allowed transportation to doctor
appointments, shopping and hospital visits. He said the
Board also provided a Meals on Wheels services for the
unabled.
C/M Bender said the transportation service has increased
and the Board is presently needing volunteer drivers. He
asked that those interested in volunteering contact the
Social Services Office for further information.
V/M Stelzer reported that he was asked to negotiate a program
for newspaper recycling by the former Mayor, Walter
Falck. He said he investigated a matter and Durbin Paper
Company said a program could not be created. He said
after negotiating, the City said they would attempt to
create their own program; however, after Durbin Paper
Company realized they would be losing money, they
submitted a proposed newspaper recycling program to the
City.
V/M Stelzer said during the recent Budget Workshop
meetings, the City Council agreed to contact Waste
Management, Inc., and negotiate a program to reduce the
garbage fees and he would like to see the proposed
recycling programs before discussing Item 17.
Cif Council - V/M Stelzer
17. DISCUSSION AND POSSIBLE ACTION on a Recycling Program.
SYNOPSIS OF ACTION:
TABLED un lr a proposal, is received from
Waste Management, Inc.
* V/M Stelzer MOVED to TABLE this Item until a proposal is
* received from Waste Management, Inc., SECONDED by C/M Bender.
VOTE:
ALL VOTED AYE
Mayor Abramowitz reported that the Consumer Affairs Board
submitted a report stating that "Sunshine Appliance
Company", has presently been shut down by the State until
the Internal Revenue Service and the State conduct a
Public Hearing as to the Company's license to operate.
He asked that the residents contact the Consumer Affairs
Office for further information.
Page 3 �_.
1
1
UM
Mayor Abramowitz commended the City Manager, staff and
employees for a good and thorough job in moving to the
Municipal Complex. He said he was very happy to see the
employees unpacking on Saturday with the help of their
families and he thanked all who participated.
5. City Manager Report
City Manager Kelly reported that moving and working with staff
was a lot of fun. He said the Building and Planning
Departments used to be referred to as the "Outhouse Gang"
because they were in a trailer behind the Old City Hall.
He said he is happy to have the Departments in the same
building and part of the Family. He said the move
brought everyone closer together and, by the Mayor
helping, staff was more inspired in completing the move.
C/M Manager said the first Public Hearing on the Budget
would be held on September 6, 1988 in the Council
Chambers. He said the Chambers also allowed everyone to
view Plans from an over -head projector and a projection
system.
City Manager Kelly said the Municipal Complex had an
audio system throughout the building which could be
lowered or raised in each room. He said there has been
controversy regarding the type of music to be played;
therefore, he would be making available several tapes
that a representative from each Department could choose
from.
City Manager Kelly said the New Police Station should be
completed and ready for occupancy by March, 1989 and, if
there were monies available, he would like to redesign
the Fire Station to coincide with the Municipal Complex
and Police Station.
6. City Attorney Report
City Attorney Doody reported that he received a reply from the
Attorney General's Office regarding the Charter Board's
ability to submit Amendments of the Charter for
Referendum. He said the Attorney General's Office
replied as follows:
"Chapter 166 provides that Charter Amendments may be by,
voter initiative or by Ordinance of the Governing Body and,
additionally, Chapter 166 stated "This Section (Chapter 166)
shall be supplemental to the provisions of all other laws
relating to the Amendment of Municipal Charters and is not
intended to diminish any substantive or procedural power
vested in any Municipality by present law."
(SEE ATTACHMENT #2)
City Attorney Doody said the opinion, as he interpreted
answers the two questions. 1) The opinion states that
Chapter 166 is solely by which Municipal Charters can be
Amended, by initiative or by Ordinance of the Governing
Body, 2) The language in Chapter 166 states that the
language in Chapter 166 shall be supplemental to other
provisions of present law, meaning other existing State
Laws.
City Attorney Doody said the State Law provides law for
Notices, Advertising and Title of Charter Amendments.
Page 9
w"
CONSIDERATIONS
General Administrative
8. MOTION TO APPROVE the transfer of approximately
$10,000.00 from Federal Revenue Sharing Contingency to various
accounts to purchase office equipment for various departments.
SYNOPSIS OF ACTION:
APPROVED.
City Manager Kelly said the City Council previously
transferred Revenue Sharing money into the Contingency
Account. He said the City no longer requires a Public
Hearing.to expend the money. He said this approval would
allow the transfer of the monies to specific Departments
in the City for office equipment. He said the transfer
would be $12,200.00 as opposed to $10,000.00 because of
the accumulated interest. He said this money must be
expended in total by September 30, 1988 or be returned to
the Federal Government.
* C/M Hoffman MOVED to APPROVE this Item, SECONDED by C/M Rohr.
ALL VOTED AYE
RESOLUTIONS
Community Development
9. MOTION TO ADOPT Tem2 Reso. #5125 acknowledging certain
real property annexation of 6 17 88 which extended and enlarged
the corporate limits of the City to include specified unincor-
porated lands within said corporate limits.
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R-88-215 - PASSED
City Attorney Doody read Temp. Reso. #5125 by title.
* C/M Hoffman MOVED to APPROVE this Item, SECONDED by C/M Rohr.
Thelma Brown -Porter, City Planner, said this Resolution
was to acknowledge the annexation of the land and inform
the State of the annexation so that the City Map could be
updated. She said staff reviewed the Resolution and it
was in the proper order for recordation.
City Attorney Doody said an Ordinance would be brought
before the City Council at the August 24, 1988 meeting to
amend the Charter's City Boundaries.
V/M Stelzer asked Mrs. Brown -Porter to indicate the
parcels annexed and Mrs. Brown -Porter said the following
parcels were annexed:
Banyon Lakes, Plat Book 102, Page 18
Shaker Village, Condominium Building B through F, unplatted
Villas at Woodland Green, Plat 100, Page 27
Woodland Meadows, unplatted and unrecorded, Book 4, Page 31
(described as a parcel of land located at the S.E. corner
of Bailey Road and NW 61 Avenue)
Woodland Greens, Plat Book 88, Page 17
(described as a parcel of property located on the north side
of Commercial Boulevard between NW 58 Way and NW 57 Way)
Comrock, Plat Book 95, Page 47
Comrock 1st Addition, Plat Book 102, Page 34
1
1
Page 10 ✓
8/10/88
Villas at The Gate, Plat Book 104, Page 6 '
Village at the Gate Condominiums, Phase I, II, III and IV
Woodland 10 Condominium
The Gate I, II and III Condominium
Woodland Lake Estates, Plat Book 116, Page 50
(described as the property located at the S.E. corner of
Bailey Road and Rock Island Road, a portion of Tract 9
Section 11, Township 49 south, Range 41 east)
Fort Lauderdale Truck Farms, Plat Book 4, Page 31
Mayor Abramowitz said the value of the properties annexed
was $67,000,000.00.
City Manager Kelly said the City recently received the
estimated population of Tamarac which indicated 39,600.
He said the annexation was not included because the
population should be over 42,000; however, he called the
State and informed them of the increase. He said he
would be challenging the State so that the City could
receive the monies for the additional population. He
said as of dune 17, 1988, the City had to begin providing
Municipal services to the annexed areas and the monies
for the services would not begin to be received until
next year's Budget.
V/M Stelzer said the annexation plans for these
properties were discussed several years ago and he
thanked Thelma Brown -Porter and City Manager Kelly for
the wonderful job in getting these properties annexed.
He said there were several other properties being
considered at this time.
Mayor Abramowitz said the surrounding Mayors were
surprised at how fast this annexation took place. He
commended Thelma Brown -Porter and City Manager Kelly for
doing such a wonderful job.
VOTE: ALL VOTED AYE
Public Works and Utilities Departments
10. MOTION TO ADOPT Temp. Reso. #5126 awarding Bid #88--26
to Uniforms for Industry, Inc., in the amount of $572.75 per
week for uniform rental service.
SYNOPSIS OF ACTION: RESOLUTION NO. R-88-216 - PASSED
APPROVED.
City Attorney Doody read Temp. Reso. #5126 by title.
* C/M Bender MOVED to APPROVE this Item, SECONDED by C/M Hoffman.
VOTE:
ALL VOTED AYE
Utilities/Engineering
11. a. MOTION TO ACCEPT a check in the amount of $9,500.00
from NATIONAL SAFETY COUNCIL and to AUTHORIZE issuance of
a check in the amount of $9,500.00 from Tamarac to the City
of Fort Lauderdale for the installation of a 6-inch master
meter at the NATIONAL SAFETY COUNCIL project.
b. MOTION TO ADOPT Temp. Reso. #5127 accepting a Tamarac
Utilities East Water and Sewer Utility Easement offered by
Raymond A. and Leona Rogers for a sewer line from the
NATIONAL SAFETY COUNCIL project to an existing sewer line
on NW 19 Way.
Page 11 .�M.,.
8/10/88
SYNOPSIS OF ACTION:
a. APPROVED.
b. TABLED on Page 2.
a. City Attorney Doody read Agenda Item 11 a.
* C/M Bender MOVED to APPROVE Item 11 a., SECONDED by C/M Hoffman.
Bob Foy, Director of Utilities/Engineering, said the
check was for a Master Meter and the City of Fort
Lauderdale would not accept a check from the National
Safety Council; therefore, the City was accepting the
check and forwarding it to the City of Fort Lauderdale.
ki0314-An
City Council.
ALL VOTED AYE
12. MOTION TO ADOPT Temp. Reso. #5128 appointing two (2)
members to the Parks and Recreation Board.
SYNOPSIS OF ACTION:
APPROVED the appointment of:
William H. George, Jr.
Ben Zuger
RESOLUTION NO. R-88--205 -- PASSED
City Attorney Doody read Temp. Reso. #5128 by title.
C/M Hoffman NOMINATED William H. George, Jr. and Ben
Zuger as members.
V/M Stelzer NOMINATED Robert A. Curcio as a member.
At.this time, Carol E. Barbuto, City Clerk, called the
vote for the Nominees:
C/M Hoffman - William H. George, Jr.
Ben Zuger
C/M Rohr -- William H. George, Jr.
Ben Zuger
C/M Bender - William H. George, Jr.
Ben Zuger
V/M Stelzer -- Robert Curcio
Ben Zuger
Mayor Abramowitz - William H. George, Jr.
Ben Zuger
** William H. George, Jr. and Ben Zuger were appointed to the
Parks and Recreation Board by a 4 to 1 Vote.
TAPE 4
City Attorney Doody suggested the City Council approve
the Resolution with the appointments.
* C/M Hoffman MOVED to APPROVE Temp._ Reso. #5128 appointing
* William H. George, Jr. and Ben Zuger as members of the Parks
* and Recreation Board, SECONDED by C/M Bender.
VOTE: ALL VOTED AYE
1
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Page 12 �_.
8/10/88
ORDINANCES
Building Department
16. MOTION TO ADOPT Temp. Ord. #1393 on first reading
amending Chapter 10-A of Code to update the City's flood
hazard requirements to meet State and Federal criteria.
SYNOPSIS OF ACTION:
APPROVED on first reading.
Second reading and Public Hearing will be held during the regular
City Council meeting, August 24, 1988, at 10:00 A.M.
City Attorney Doody read Tem2 Ord. #1393 by title.
* C/M Hoffman MOVED to APPROVE Te_ m2_ Ord. #1393 on first
* reading, SECONDED by C/M Bender.
Bob Jahn, Chief Building Official, said the Ordinance was
a house cleaning measure. He said this year, the
National Flood Council asked all the Cities for their
Ordinances in their Code for evaluation. He said the
National Flood Council recommended several Amendments so
that the City could keep and maintain their certification
for the purchase of Flood Insurance.
City Attorney Doody asked if the Ordinance was
appropriate for the Amendments and Mr. Jahn said the
language submitted to the City by the National Flood
Council was placed in the Ordinance.
Mayor Abramowitz asked City Attorney Doody if he
concurred with the Ordinance and the opinion of the
National Flood Council and City Attorney Doody said he
relied on staff's recommendations because the Ordinance
was a technical matter. He said the Building Department
assisted greatly in the drafting of the Ordinance by
providing the recommendations from the National Flood
Council.
Mr. Jahn said this insurance saved the residents a gr at
deal of money.
With no further business, Mayor Abramowitz ADJOURNED this
meeting at 8:40 P.M.
NOR AN ABRAMOWITZ, MAYOR
CAROL VAIgn CITY CLERK
"This public document was promulgated at a cost of $154.80 or, $4.30 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."
CITY OF TAMARAC
APPROVED AT MEETING OF '?11( q
J
Page 13
RECYOLEAMERICII 25
11WW
August 8, 1988
Mr. John P. Kelly, City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
RE: RESIDENTIAL RECYCLING PROPOSAL
Dear Mr. Kelly:
This letter is to follow ip on our previous meetings and discussions
with you and other city representatives regarding the design of a city-
wide residential recycling program for the City of Tamarac, and to report
on the status of our formal response to the city's recycling inquiry.
We are currently in the final-"9tages of preparing a draft proposal for
your review and comment. Yet to be completed however, is a survey of
the various multi -family residential communities in the city. Because
of the variety of multi -family building types and various methods of
solid waste handling and collection, we believe this "on site" survey
is essential to complete our formal proposal.
To this end, I had previously made tentative arrangements to conduct
such a survey during early August with the help of Councilman Henry Rohr.
I talked with Mr. Rohr today and have scheduled to meet with him tomorrow
to complete this task.
It is our intent to have a draft proposal to you by the middle of next
week.
We appreciate your assistance in helping us design a recycling program
that will be the best and most effective in meeting the city's needs.
In light of the recent state solid waste and recycling legislation, the
culmination of this effort comes at a very opportune time.
Sincerel ,
Warren N. Smith
Director, Market Development
Waste Reduction
WNS/cb
cc: Mayor Norman Abramowitz
City Council Members
Ed Johnson, Southern Sanitation
Piinied on recycled paper fir';
r
1
n
1
OFFICE OF THE ATTORNEY GENERAL
AOBERT A.,Bu TERWORTH
Attorney General
State of Florida
July 26, 1988
DEPARTMENT OF LEGAL AFFAIRS
THE CAPITOL
TALLAHASSEE, FLORIDA 323"-1050
Mr. Richard L. Doody
City Attorney
City of Tamarac
5811 Northwest 88th Avenue
Tamarac, Florida 33321
Dear Mr. Doody:
You have asked substantially the following questions:
(1) Do the provisions of s. 166.031, F.S.,
providing for charter amendments, prevail over
conflicting provisions contained in a municipal
charter?
E:1:�I7
(2) May only the governing body of a municipality
submit proposed amendments to the charter for
referendum?
(3) Should the governing body propose an amendment
to the charter by ordinance?
(4) Does the language in s. 166.031(3), F.S., stating
that the provisions of the section are supplemental to
the provisions of all other laws, refer to state laws?
in sum, it is my opinion that:
(1) The provisions of s. 166.031, F.S., prevail over
conflicting provisions contained in a municipal
charter.
(2) Section 166.031, F.S., permits changes to a municipal
charter to be proposed by the governing body or by petition
of the electors of the municipality.
0
AN AFFIRMATNt ACTION/FOUAL OPPORTUNITY EMPLOYER
Mr. Richard L. Doody
Page Two
88-30
(3) The governing body must submit its proposed amendment
to the municipal charter to the electors by ordinance.
(4) The provisions of s. 166.031(3), F.S., are supple-
mental to other provisions of state law.
QUESTION ONE
Section 2(a), Art. VIII, State Const., provides that municipal
charters may be amended pursuant to general or special law.
Section 166.031(1), F.S., states;
The governing body of a municipality may, by
ordinance, rr the electors of a municipality may,
by petition signed by 10 percent of the registered
electors as of the last preceding municipal general
election, submit to the electors of said municipality
a proposed amendment to its charter, which amendment
may be to any part or to all of said charter except
that part describing the boundaries of such munici-
pality. The governing body of the municipality shall
place the proposed amendment contained in the
ordinance or petition to a vote of the electors at
the next general election held within the municipality
or at a special election called for such purpose. (e.s.)
A legislative directive as to how a thing shall be done is, i
effect, a prohibition against it being done in any other way.
This office has previously.concluded that any charter provision
adopted or readopted subsequent to the effective date of the
Municipal Home Rules powers Act, Ch. 166, F.S., can only be
amended in accordance with the provisions of s. 166.031, F.S.2
In addition, this office in AGO 75-223 specifically advised the
City of Tamarac that its charter could not be amended except as
provided in s. 16 6.031, F.S.
Moreover, while Florida courts have recognized that legislation
may be concurrent, that is, enacted by both state and local
government in areas which have not been specifically preempted by
the state, concurrent legislation enacted by municipalities may
not conflict with state law.
Therefore, based upon the above, I am of the opinion that
the procedure for amending municipal charters set forth in
Mr. Richard L. Doody
Page Three
s. 166.031, F.S., would prevail over a conflicting provision in
the City of Tamarac charter.
QUESTION „ TWO
Section 166.031(1), F.S., authorizes the governing body by
ordinance, or the electors of the municipality by petition signed
by 10 percent of the registered electors as of the last preceding
municipal general election, to submit to the electors of the
municipality a proposed amendment to its charter. The governing
body is responsible for placing the proposed amendment contained
in the ordinance or petition to a vote of the electors at the
next general election held within. the municipality or at a
special election called for that purpose. Section 166.031, F.S.,
thus authorizes the amendment of a municipal charter by two
methods, by ordinance or by initiative petition.
As noted in Question One, concurrent legislation enacted by a
municipality may not conflict with state law; if such conflict
arises, state law will prevail. As a corollary, a municipality
cannot forbid that which the Legislature has licensed, authorized
or require, nor may it authorize that which the Legislature has
forbidden.
Accordingly, inasmuch as s. 166.031, F.S., authorizes both the
governing body and the electors to submit proposed amendments to
the charter for referendum, I am of the opinion that a municipal
charter may not limit the authority to propose amendments to its
terms to only the governing body of a municipality.
UESTION THREE
Section 166.031(l), F.S., states that the governing body of a
municipality may, b ordinance, submit to the electors a proposed
amendment to the charter. The statute father provides that the
governing body shall place the proposed amendment contained in
the ordinance to a vote of the electors. As stated previously, a
egis at vei5irection as to how a thing shall be done is, in;
effect, a prohibition against it being done in any other way.
Based upon the above language, it appears clear that the munici-
pal governing body may propose an amendment to the municipal
charter only by ordinance.
Mr. Richard L. Doody
Page Four
88-30
9-UESTIONFOUR
Section 166.031(3), F.S., provides in part that "[t)his section
shall be supplemental to the provisions of all other laws
relating to the amendment of municipal charters and is not
intended to diminish any substantive or procedural power vested
in any municipality by present law." You 'ask whether the
reference to law in the above statute refers to state law.
The term "by law" as used in the Constitution or statutes has
generally been interpreted to mIP-PI n a statute adopted by both
houses of the State Legislature. Accordingly, the reference in
s. 166.031(3), F.S., to "laws" would ,appear to refer to other
state statutes relating to the amendment of municipal charters.
8
It would not appear to authorize a municipality by ordinance or
charter to alter the terms of s. 166.031, F.S.
Sincerely,
Robert A. Butterworth:
Attorney General
RAB/tjw
1 Alsop V. Pierce, 19 So.2d 799, 805-806 (Fla. 1944); Thayer v.
State, 335 So.2d 815, 817 (Fla. 1976).
2 See, AGO 77-135; and see, AGO 79-80 in which this office
concluded that the Lake Wales City Commission may not
unilaterally amend its municipal charter but rather was bound by
the provisions of s. 166.031. Cf., s. 166.031(3), F.S.,
authorizing the amendment of a municipal charter pursuant to
s. 166.031, F.S., notwithstanding any charter provisions to the
contrary.
3 City of Miami Beach v. Rocio Corporation, 404 So.2d 1066 (3
D.C.A. Fla.,, 1981), ,Qet. for rev. denied, 408 So.2d 1092 (Fla.
1981); Board of Trustees of City of Dunedin V. Dulje, 453 So.2d
177 (2 D.C.A. Fla., 1984), stating that a municipality may not
enact legislation which directly conflicts with a state statute;
Mr. Richard L. Doody 88-30
Page Five
where a conflict arises, the state statute must prevail. And
see, City of Hialeah v. Martinez, 402 So.2d 602 (3 D.C.A. F3a.,
199'1), pet. for rev_. dismissed, 411 So.2d 380 (Fla. 1981)
(municipal charter cannot make unlawful that which the Legisla-
ture has made lawful).
4 Rinzler v. Carson, 262 So.2d 661, 668 (Fla. 1972); City of
Hialeah v. Martinez, supra. See generally, Scavella v.
Fernandez, 371 So.2d 535 (3 D.C.A. Fla., 1979) (where state had
granted right or permission to do.something within a certain
period of time, county could not prohibit or restrict the
exercise of that right); AGO 82-92. Cf., Gaines v. City of
Orlando, 450 So.2d 1174, 1177n.2 (5 D.C.A. Fla., 1984) (upon
submission of petition signed by 15 percent of city"s registered
voters, city had clear legal duty to verify those signatures and
then to hold the election pursuant to Ch. 166, F.S.).
5 See, footnote 1, supra.
6 See, Reino v. State, 352 So.2d 853 (Fla. 1977) (where language
of.statute is clear and unequivocal, legislative intent may be
gleaned from words used without applying incidental rules of
construction); Citizens of State v. Public Service Commission,
425 So.2d 534 (Fla. 1982) (where language of statute is plain and
unambiguous as to fix legislative intent, courts should not
depart from plain language used by Legislature).
And see, AGO 78-61 stating that the governing body may propose an
amendment to the municipal charter by _ordinance and submit the
same to the electors of the municipality for approval.
7 See, Advisory Opinion to Governor, 22 So.2d 398 (Fla. 1945)
(term "by law" as used in Constitution means a statute passed by
both houses of the Legislature); Grapeland Heights Civic Asso-
ciation v. City of Miami, 261 S0.2d 321, 324 (Fla. 1972) ("'law"
in our constitution means an enactment by the State Legisla-
ture . not by a City Commission or any other political
body"); Broward County v. Plantation Imports, Inc., 419 So.2d
1145 (4 D.C.A. Fla., 1982); AGO's 84--51, 84-39 and 79-109. And
see, State ex rel. Veale v. City of Boca Raton, 353 So.2d 119T_
T4 D.C.A. Fla., 1977) (term "provided by law" means provided by
statute); AGO 85-19.
8 See, 2.2., ss. 101.161 (referenda; ballots); 100.342, F.S.
(notice of special election or referendum).