HomeMy WebLinkAbout1988-10-26 - City Commission Regular Meeting Minutes1
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7525 N.W. 88th AVENUE
TAMARAC, FLORIDA 33321.2401
RECORD OF COUNCIL ACTIONS/DISCUSSION
CITY OF TAMARAC
CITY COUNCIL
REGULAR COUNCIL MEETING
WEDNESDAY, OCTOBER 26, 1988
CALL TO ORDER; 9t00 A.M.
ANNOUNCEMENT OF TIME ALLOCATIONS - MOTIONS TO TABLE - The
Chaos 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. PRESENTATION by City Manager Kelly of a fifteen -year
service award to WALTER HARMUTH, Police Department, and
five-year service awards to FELIX AMATO, Public Works,
and WILLIAM McCOLGAN, Building Department.
FINAL ACTION:
PRESENTATIONS were made.
2. PRESENTATION by Mayor Abramowitz of a proclamation
designating November 6--13, 1988, as JEWISH WAR VETERANS
OF THE U.S.A., POST 519, AND ITS LADIES AUXILIARY WEEK.
FINAL ACTION:
PRESENTATION was made.
CONSENT AGENDA
3. Items listed under Consent Agenda, Item 3, are viewed
to be routine and the recommendation will be enacted by
one motion in the form listed below. If discussion is
wire , then the item(s) will be removed from the
Consent Agenda and will be considered separately.
Buildin De artment
a. MOTION TO ADOPT Temp. Reso. #5208 releasing
a cash
bond in the
amount of 1369.00 posted by
Thomas J.
and Rosalie
Bardash for completion of a
pool and
sod at 7928
NW 83 Street, Permit 87-1169
(882203).
FINAL ACTIONt
RESOLUTION NO, R--88-291
PASSED.
APPROVED.
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10/26/88
3. b. MOTION TO ADOPT Temp. Reso. #5207 releasing a cash
bond in the amount of $1,000.00 posted by Green
Kroll Corp. for completion of a swimming pool at
7201 NW 83 Avenue, Lot 59 of WOODMONT TRACT 71,
Permit 87-2174, Spa Permit 88-558 (880925).
FINAL ACTION:
TABLED.
City Clerk
C. MOTION TO APPROVE the minutes of the City Council
regular meeting of 9/28/88.
FINAL ACTION:
APPROVED.
d. MOTION TO APPROVE renewal of a model sales permit
an2l waiver of the 300-foot distance requirement
for issuance of certificates of occupancy for
LAKES OF CARRIAGE HILLS for a six-month period
from 11/13/88 to 5/13/89.
FINAL ACTION:
, APPROVED.
e. MOTION TO APPROVE renewal of a model sales permit
for UNIVERSITY CLUB APARTMENTS Building D, Units
70 and 57, for a six-month period from 11/11/88 to
5/11/88.
FINAL ACTION:
APPROVED.
Utilities/Engineering
f. MOTION TO ADOPT Temp. Reso. #5209 releasing
performance Letter of Credit 986537 in the amount
of $5,322.45 posted for sidewalks and sod at
TAMARAC GARDENS, Parcels K, L and M, subject to
receipt of a one -yeas warranty bond in the amount
of $2,385.00.
FINAL ACTION:
APPROVED.
RESOLUTION NO. R-88-292 PASSED.
g. 1. MOTION TO ADOPT Temp. Reso. #5210 releasing
Performance Letter of Cre it N4872 in the
amount of $18,000.00 posted for public
improvements for the 84TH TERRACE SHOPPES
project subject to receipt of a one-year
warranty bond in the amount of $10,083.63, or
to call this performance letter of credit if
the warranty bond is not received prior to the
expiration of the performance letter of
credit.
2. MOTION TO ADOPT Tem . Reso. #5211 accepting a
bill of sale for the water istribution and
sewage collection system improvements for the
84TH TERRACE SHOPPES project.
FINAL ACTION:
APPROVED g1 and g2.
RESOLUTION NO. R--88-293 PASSED.
RESOLUTION NO. R-88-294 PASSED.
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3. h. MOTION TO ADOPT Temp. Reso. #5214 accepting a
public utility easement for THE CITIZENS AND
SOUTHERN NATIONAL BANK.
FINAL ACTION: RESOLUTION NO. R-88-295 PASSED.
APPROVED.
OPEN PUBLIC FORUM
4. 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.
REPORTS
5. City Council
6. City Manager
7. City Attorney
CONSIDERATIONS
Community Development
8. MOTION TO APPROVE renewal of a model sales permit for
WOODMONT CORP. Tracts 47, 50, 54, 57, 60, 70, 71 and
72-B for a six-month period from 11/11/88 to 5/11/89
(tabled on 10/12/88).
FINAL ACTION:
TABLED.
9, MOTION TO APPROVE a modified site plan reflecting
changes in building configurations, setbacks, parking
requirements and landscaping for WOODLAND COVE.
(located on Woodlands Boulevard, north of Commercial
Boulevard)
FINAL ACTION:
APPROVED.
Utilities/Engineering
10. MOTION TO APPROVE Addendum 21 to the engineering
agreement with Hazen and Sawyer in the amount of
$47,900.00 to prepare the survey, design, plans and
specifications and construction management services for
rehabilitation of five (5) sewage pumping stations, TUW
Project 87-1.
FINAL ACTION!
APPROVED.
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10/26/88
11. MOTION TO APPROVE the transfer of $358.00 from General
Contingency Account 001-872-588-975 to Engineering
Special Equipment Account 001-155-539-647 for the
purchase of a magnetic dosimeter which was approved at
the Council meeting of 10/12/88.
FINAL ACTION:
APPROVED.
RESOLUTIONS
City Council
12. MOTION TO ADOPT TftM. Reso. #5215 supporting a proposed
constitutional amendment to provide for the creation of
a Department of Veterans Affairs and a Department of
Elderly Affairs.
FINAL ACTION:
APPROVED.
Community Develo2ment
RESOLUTION NO. R-88-296 PASSED.
13. a. MOTION TO ADOPT Tem . Reso. #5216 authorizing the
appropriate City officials to enter into a Highway
Beautification Agreement with the Florida
Department of Transportation for Commercial
Boulevard from NW 64 Avenue to NW 88 Avenue (Pine
Island Road).
b. MOTION TO ADOPT Temp. Reso. #5217 authorizing the
appropriate City officials to enter into a
Beautification Maintenance Agreement with the
Florida Department of Transportation for
Commercial Boulevard from NW 64 Avenue to NW 88
Avenue (Pine Island Road).
FINAL ACTION:
TABLED 13a and 13b.
14. a. MOTION TO ADOPT Temp. Reso. #5218 accepting the
report prepared by Darby and Way, Inc., on the
SABAL PALM GOLF COURSE.
b. MOTION TO APPROVE the payment of $7,500.00 to
Darby anU Way, Inc., for preparation of a report
on the SABAL PALM GOLF COURSE.
C. MOTION TO ADOPT Temp. Reso. #5086 approving a
revised site plan for SABAL PALM GOLF COURSE
reflecting addition of a driving range and two (2)
greens and tees
(located at the northeast corner of Commercial
Boulevard and Rock Island Road) (tabled on
9/28/88).
FINAL ACTION: RESOLUTION NO. R-88-297 PASSED.
APPROVED 14a and 14b. TABLED 14c,
General Administrative
15, MOTION TO ADOPT Temp. Reso. #5213 awarding Bid #88-38
for group health insurance to Florida League of Cities.
FINAL ACTION: RESOLUTION NO. R-88-298 PASSED.
APPROVED.
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10/26/88
16. MOTION TO ADOPT Tem . Reso. #5219 authorizing the
payment of $500.00 per annum benefit options for
certain field training personnel.
FINAL ACTION:
REMOVED.
17. MOTION TO ADOPT Tem . Reso. #5186 authorizing the
appropriate City officials to execute an agreement with
the INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS (IAFF),
Local 2600 (tabled on 9/28/88).
FINAL ACTION: RESOLUTION NO. R-88-299 PASSED.
APPROVED, subject to final negotiations regarding
health insurance benefits, Article 15.
18. MOTION TO ADOPT Temp. Reso. #5220 revising the rate for
the residential garbage collection and disposal fee.
FINAL ACTION: RESOLUTION NO. R-88-300 PASSED.
APPROVED.
ORDINANCES
PUBLIC HEARINGS - 10:00 A.M.
City Council
19. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1412 on
secona reading to amend Chapter 17 of the Code by
creating a section prohibiting graffiti on walls,
public buildings and private property.
FINAL ACTION: ORDINANCE NO. 0-88-38 PASSED.
APPROVED on second reading. Public hearing was held.
General Administrative
20. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1413 on
second reading to amend Article I, Section 2-3.2 of the
Code to provide for an amended schedule of fees for
photocopying.
FINAL ACTION: ORDINANCE NO. 0-88-39 PASSED.
APPROVED on second reading. Public hearing was held.
END OF PUBLIC HEARINGS
AGENDIZED BY CONSENT
21. MOTION TO APPROVE expenditure not to exceed $1,200.00
to CLG in Florida Power & Light lawsuit.
FINAL ACTION:
APPROVED.
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10/26/88
The City Council may consider and act upon such other
business as may come before it.
In the event this agenda must be revised, such revised
copies will be available to the public at the City Council
meeting.
Pursuant to Chapter 286.0105, Florida Statutes, if a person
decides to appeal any decision made by the City Council with
respect to any matter considered at such meeting or hearing,
he may need to ensure that a verbatim record of the
proceedings is made which record includes the testimony and
evidence upon which the appeal is based.
Carol A. Evans
City Clerk
CITY COUNCIL SPECIAL AND WORKSHOP MEETINGS
Wednesday, October 26, 1988 - 3:00 P.M. - Workshop Meeting
regarding signage -- Council
Chambers
Thursday, October 27, 1988 - 7:30 P.M. - Special Meeting
regarding the annexed area, -
to be held at Banyan Lakes
Clubhouse - 6050 Clubhouse
Drive, Tamarac.
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10/26/88
CITY OF TAMARAC
CITY COUNCIL REGULAR MEETING
WEDNESDAY, OCTOBER 26, 1988
TAPE 1
CALL TO ORDER: Mayor Abramowitz called this meeting to Order on
Wednesday, October 26, 1988 at 9:00 A.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 Joseph Suiter, previous member of the Planning Commission and Sam
Massaro, the husband of previous Councilwoman Helen Massaro.
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 A. Evans, City Clerk
Patricia Marcurio, Office Manager,
City Clerk's Office
CONSENT AGENDA
3. b. MOTION TO ADOPT Temp Reso. #5207 releasing a cash
bond in the amount of $1,000.00 posted by Green Kroll.
Corp., for completion of a swimming pool at 7201 NW 83
Avenue, Lot 59 of WOODMONT TRACT 71, Permit 87-2174, Spa
Permit 88-558 (880925).
SYNOPSIS OF ACTION:
TABLED.
Community Development
8. MOTION TO APPROVE renewal of a model sales permit for
WOODMONT CORP., Tracts 47, 50, 54, 57, 60, 70, 71 and 72-B
for a six-month period from 11/11/88 to 5/11/89 (tabled on
10/12/88).
SYNOPSIS OF ACTION:
TABLED.
13. a. MOTION TO ADOPT Temp. Reso. #5216 authorizing the
appropriates City offiofficia'- is to enter into a Highway Beauti-
fication Agreement with the Florida Department of Trans-
portation for"Commercial Boulevard from NW 64 Avenue to
NW 88 Avenue (Pine Island Road).
b. MOTION TO ADOPT Temp. Reso. #5217 authorizing the
appropriate City_officia s�to enter into a Highway Beauti-
fication Maintenance Agreement with the Florida Department
of Transportation for Commercial Boulevard from NW 64
Avenue to NW 88 Avenue (Pine Island Road).
SYNOPSIS OF ACTION:
TABLED a and b.
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10/26/88
14. a. MOTION TO ADOPT Temp. Reso. #5218 accepting the
report prepared by Darby and Way, Inc., on the SABAL
PALM GOLF COURSE.
b. MOTION TO APPROVE the payment of $7,500.00 to
Darby and Way, Inc., for preparation of a report on the
the SABAL PALM GOLF COURSE.
c. MOTION TO ADOPT Temp. Reso. #5086 approving a revised
site plan for SABAL PALM GOLF COURSE reflecting addition
of a driving range and two (2) greens and tees
(located at the northeast corner of Commercial Boulevard
and Rock Island Road) (tabled on 9/28/88).
SYNOPSIS OF ACTION:
TABLED 14 c.
(SEE PAGES 17 and 18 for Final Action on 14 a. and b.)
General Administrative
16. MOTION TO ADOPT Temp. Reso. #5219 authorizing the
payment of $500.00 per annum benefit options for certain
field training personnel.
SYNOPSIS OF ACTION:
REMOVED.
* V/M Stelzer MOVED to TABLE Items 3 b., 8, 13 a. and b., 14 c.
* and REMOVE Item 16, SECONDED by C/M Bender.
C/M Hoffman asked why these Items were being Removed and
Tabled.
V/M Stelzer said these Items were Tabled and Removed at
the Department Head's request.
City Manager Kelly said Item 3 b., was being Tabled
because the Spa Permit was being questioned by other
licensing agencies and the City Planner requested it be
pulled from the Agenda.
C/M Hoffman asked why Item 16 was being Removed from the
Agenda.
City Manager Kelly said this matter was addressed during
negotiations and he felt that this matter should be
addressed in a different manner.
VOTE:
INTRODUCTION
ALL VOTED AYE
1. PRESENTATION by City Manager Kelly of a fifteen --year service
award to WALTER HARMUTH, Police Department, and five-year
service awards to FELIX AMATO, Public Works and WILLIAM
McCOLGAN, Building Department.
SYNOPSIS OF ACTION:
PRESENTATIONS were made.
City Manager Kelly presented a fifteen -year service award
to Walter Harmuth, Police Department, and five-year
service awards to Felix Amato, Public Works and William
McColgan, Building Department and he thanked them for the
years of service that they have given to the City.
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10/26/88
2. PRESENTATION by Mayor Abramowitz of a proclamation designating
November 6-13, 1988, as JEWISH WAR VETERANS OF THE U.S.A.,
POST 519, AND ITS LADIES AUXILIARY WEEK.
SYNOPSIS OF ACTION:
PRESENTATION was made.
Mayor Abramowitz read and presented the Proclamation to
representatives of the Jewish War Veterans of the U.S.A,
Post 519.
A Representative of the Jewish War Veterans of the U.S.A,
Post 519, thanked the Mayor and City Council for the
proclamation.
CONSENT AGENDA - Item 3, a. through h.
Building Department
3. a. MOTION TO ADOPT Temp. Reso. #5208 releasing a cash
bond in the amount of $369.00 posted by Thomas J. and
Rosalie Bardash for completion of a pool and sod at 7928
NW 83 Street, Permit 87-1169 (882203).
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R-88-291 -- PASSED
b. MOTION TO ADOPT Temp. Reso. #5207 releasing a cash
bond inthe amount of $1,000.00 posted by Green Kroll.
Corp., for completion of a swimming pool at 7201 NW 83
Avenue, Lot 59 of WOODMONT TRACT 71, Permit 87--2174, Spa
Permit 88-558 (880925).
SYNOPSIS OF ACTION:
TABLED on Page 1.
City Clerk
c. MOTION TO APPROVE the minutes of City Council
regular meeting of 9/28/88.
SYNOPSIS OF ACTION:
APPROVED.
d. MOTION TO APPROVE renewal of a model sales permit
and waiver of the 300-foot distance requirement for issuance
of certificates of occupancy for LAKES OF CARRIAGE HILLS
for a six-month period from 11/13/88 to 5/13/89.
SYNOPSIS OF ACTION:
APPROVED.
e. MOTION TO APPROVE renewal of a model sales permit
for UNIVERSITY CLUB APARTMENTS Building D, Units 70 and 57,
for a six-month period from 11/11/88 to 5/11/89.
SYNOPSIS OF ACTION:
APPROVED.
Utilities/En ineering
f. MOTION TO ADOPT Temp. Reso. #5209 releasing perfor-
mance Letter of Credit #86537n the amount of $5,322.45
posted for sidewalks and sod at TAMARAC GARDENS, Parcels
K, L and M, subject to receipt of a one-year warranty bond
Page 3 -'
10/26/88
in the amount of $2,385,00.
SYNOPSIS OF ACTION: APPROVED . � RESOLUTION NO. R-88--292 - PASSED
9. 1. MOTION TO ADOPT Temp. Reso. #5210 releasing
performance Letter of Credit #N4872 in the amount of
$18,000.00 posted for public improvements for the 84TH
TERRACE SHOPPES project subject to receipt of a one-year
warranty bond in the amount of $10,083.63, or to call
this performance letter of credit if the warranty bond
is not received prior to the expiration of the perfor-
mance letter of credit.
2. MOTION TO ADOPT Te_ mp. Reso. #5211 accepting a
blof sale for the water di s ibution and sewage
collection system improvements for the 84TH TERRACE
SHOPPES project.
SYNOPSIS OF ACTION:
APPRDVED 1 d 2.
RESOLUTION NO. R-88-293 - PASSED
RESOLUTION NO. R--88-294 - PASSED
h. MOTION TO ADOPT Temp Reso. #5214 accepting a public
util ty easement for THE CITIZENS AND SOUTHERN NATIONAL
BANK.
SYNOPSIS OF ACTION: APPROVEDRESOLUTION NO. R-88-295 - PASSED
.
* C/M Bender MOVED to APPROVE Consent Agenda, Item 3 a. through
* h., with the exception of 3 b.
SECONDED by C/M Hoffman.
VOTE:
ALL VOTED AYE
OPEN PUBLIC FORUM
4• OPEN PUBIC FORUM
Vickie Beech, Resident, had concerns with the
Beautification of the development on 81st Street and 100
Avenue. She said the development was a disservice to the
taxpayers.
Mayor Abramowitz said he was aware of the development and
the City Manager recently visited the site and was very
displeased. He said there were problems with the area
and the City Attorney Advised that the matter be legally
investigated as to the City's rights.
Mrs. Beech said she was very disturbed with these things
occurring in the City and this was why she questioned the
City's Budget.
City Manager Kelly said he agreed with Mrs. Beech on this
matter; however, it was not fair to blame the previous
Planning Commission or City Council for past actions
because they did their best to protect and provide
quality developments throughout the City. He said the
development was built under a Court Order and the
Attorney for the developer would be meeting with him and
the City Attorney to discuss the matter.
Mayor Abramowitz said the interest of the City had to be
protected and he found it hard to discuss an item without
knowing the facts; therefore, the City Attorney asked
that this matter not be discussed until the facts were
known. He said the City Council would be informed of the
discussion between the City Manager, City Attorney and
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10/26/88
the Attorney for the developer once it took place.
Anthony Grimaldi, Resident, asked what District the
development was in and Mayor Abramowitz said this matter
Should not be discussed; however, the development was
Greenview.
Mr. Grimaldi said he was not aware of the concerns being
discussed and Mayor Abramowitz said the City Attorney
advised the City Council not to discuss this matter
because of the legal ramifications.
City Attorney Doody suggested that the City Council wait
until the City's legal rights were known regarding what
course of action to take before discussing the matter.
Mayor Abramowitz suggested that Mr. Grimaldi visit the
area to see what the concerns were.
C/M Rohr said the City Attorney advised the City Council
not to discuss this matter because of legal
ramifications. He said the City Council was not holding
anything back from the public. He said the City Council
should not discuss this matter at this time because the
discussion could be held against the City Council in the
future.
Bernard Hart, former Mayor, had concerns about a lawsuit
served against him when he was serving as Mayor of the
City. He said the Plaintiff's Attorney stated that the
lawsuit was politically motivated. He said the Plaintiff
requested that relative documents be delivered to the
Office of Bromley Mortgage Co., 7491 W. Oakland Park
Boulevard, which was the business Norman Abramowitz was
President of during the March, 1988 Election.
Mr. Hart said the lawsuit was based on two flyers issued
during the March, 1987 Election involving PAC, Bruce
Hoffman and Henry Rohr. He said he was not a candidate
at that time and had no knowledge of the flyers. He said
he and his wife were not members of PAC at that time
either.
Mr. Hart said he was advised to hire legal counsel
because of his and the City's reputation because he was
the Mayor. He said Bruce Hoffman, Henry Rohr and Sydney
Stein were represented by Attorneys engaged by the
President of PAC. He said his Attorney took this case
because he felt that the charges were political.
Mr. Hart said his expenses for the Attorney was $500.00
and he felt that the City should pay these fees because
he and his wife were named in the suit because he was
Mayor of Tamarac. He said this matter was not a court
case and hoped that it did not have to be.
Mayor Abramowitz said the Attorney who filed the lawsuit
was located next to Bromley Mortgage Company. He said he
confronted the Attorney as to why the documents were
delivered to his office because he did not approve of
this. He said the Attorney explained that this was an
error.
Mr. Hart said the complaint filed in the Circuit Court
indicated the Attorney's address to be 9803 NW 67 Court,
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10/26/88
which was a long distance from Bromley Mortgage Company.
Mayor Abramowitz said the City of Oakland Park could
confirm the address of the Office of Attorney Klein. He
said he was not aware of what happened; however, the
Attorney had no authority from him to send the documents
to Bromley Mortgage Company.
Mr. Hart said a previous member of the Planning
Commission was removed from office and appealed to the
City Council. He said the person was represented by
counsel during the appeal and the City Council voted to
pay the person's Attorney Fees of $2,500.00. He said it
was the City Council's jurisdiction to deny or approve
the payment of his Attorney Fees.
C/M Hoffman suggested that the City Attorney comment on
this matter.
City Attorney Doody said Mr. Hart discussed this matter
with him before presenting it to the City Council. He
said he informed Mr. Hart that he felt the legal issues
involved pertain to the expenditure of public funds. He
said the lawsuit named Mr. Hart as an individual and not
the Mayor of Tamarac.
City Attorney Doody said the only Case Law in Florida
that could be compared to Mr. Hart's concerns was the
John Lomelo Case versus the City of Sunrise. He said
this case stated that if a public official was sued for
actions of the official's duties or capacities, then the
City was required to pay for the legal fees. He said the
Charter was reviewed in the Lomelo case to see if the
charges were in fact the duties or capacities of Mr.
Lomelo's position. He said the Charter indicated the
charges were Mr. Lomelo's duties or capacities in his
position; therefore, the City of Sunrise was required to
pay the Legal Fees.
City Attorney Doody said the lawsuit concerning Mr. Hart
did not pertain to his official duties as the Mayor of
Tamarac; therefore, he was of the opinion that it would
be improper and a bad precedent for the City Council to
pay for Mr. Hart's legal fees for a political lawsuit.
He said it was unfortunate that this matter occurred;
however, it would be a bad precedent if the City Council
paid the fees of a politically motivated lawsuit. He
said the City was not required nor justified to be the
payee of the legal fees.
V/M Stelzer asked if the City Attorney was familiar with
the Case regarding the previous Planning Commission
member to which Mr. Hart referred and City Attorney Doody
said the member of the Planning Commission was trying to
retain his seat as Planning Commissioner; therefore, the
matter fell into the scope of his official duties.
City Attorney Doody said Mr. Hart's case did not name the
City. He said the case had to do with individuals and
political flyers. He said there was nothing in the
Charter requiring the distribution of political flyers or
that campaigns be run a specific way. He said he felt
that paying Mr. Hart's legal fees would set a bad
precedent for the City in the future.
Mayor Abramowitz asked Mr. Hart how he would handle this
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10/26/88
type of matter if he was a Councilmember.
Mr. Hart said he would ask the City Attorney if the City
Council had the authority to pay the legal fees since the
case did not have a Court Action.
City Attorney Doody said in order for the City Council to
pay the fees a determination had to be made as to the
expenditure of the funds being in the public's best
interest. He read two articles regarding the Lomelo case
stating that public funds could not be expended for
anything other than public purposes and the public funds
could be used to defend a public official providing the
charges pertained to the official's duties. He said he
did not know what the expenditure would do with the
public if the City Council paid Mr. Hart's legal fees for
a political lawsuit.
Mayor Abramowitz said there were 40 thousand flyers
distributed during the March, 1988 Election which
indicated that he had been arrested and convicted of tax
fraud. He said he obtained a lawyer and paid his own
legal fees; however, the creators of the rumor reimbursed
him and apologized.
Mr. Hart said Mayor Abramowitz was not the Mayor of
Tamarac at that time and was not named in the lawsuit
because he was Mayor.
Mayor Abramowitz said he did not know what to say to Mr.
Hart because the legal fees were not that large; however,
he could not see the City Council paying legal fees on a
matter that did not pertain to the City.
C/M Rohr asked if the City Council could be sued by a
resident for illegally spending the money if they voted
to pay Mr. Hart's legal fees.
City Attorney Doody said in order to pay the legal fees a
determination had to be made that the expenditure was in
the public's best interest and, with this case, he could
not determine how the public's best interest was being
met. He said this matter pertained to political matters
and, if the City Council paid the fees, they would be
opening themselves up for criticism for spending money
improperly for political lawsuits.
V/M Stelzer said he understood Mr. Hart's concerns
because he was sued also. He said he and others named in
the lawsuit were not members of PAC. He said this matter
should be resolved.
* V/M Stelzer MOVED to APPROVE the payment of $500.00 for the
* legal fees created by a lawsuit against Bernard Hart.
C/M Hoffman said he SECONDED the Motion for discussion
and voting purposes only.
Mayor Abramowitz asked V/M Stelzer if he was comfortable
paying the legal fees after the City Attorney advised not
to do so and V/M Stelzer said to resolve this matter he
made a Motion to pay the legal fees. V/M Stelzer said if
the City Council did not want to pay the fees they should
Vote against the Motion.
V/M Stelzer said he would be concerned if he was sued
because he was the Vice Mayor and had to pay the legal
Page 7 ✓
10/26/88
fees.
Mayor Abramowitz said the only thing he was considering
was that the City Attorney advised the City Council to
consider the consequences if they paid the fees. He
suggested the City Attorney investigate the matter
further and report back to the City Council with his
findings.
City Attorney Doody said he spent a lot of time
researching the matter and he did not feel that his
opinion would change because approving the payment of the
fees would set a bad precedent for the City.
C/M Hoffman said paying Mr. Hart's legal fees could cause
a problem -for the City regarding previous lawsuits. He
said the previous Vice Mayor was involved in a lawsuit
while serving as the Vice Mayor of Tamarac and this
lawsuit involved a lot of money.
C/M Hoffman said he was named in the same lawsuit as Mr.
Hart which had nothing to do with the operation of the
City. He said the lawsuit pertained to political matters
involving politicians on both sides. He said he could
not find justification for paying legal fees for a
Political lawsuit regardless of whether one of the people
named in the lawsuit was a City official. He said if
this lawsuit was unjustified, Mr. Hart should sup the
people who unjustly sued him.
Mr. Hart asked if he should sue the City and C/M Hoffman
said if this was what Mr. Hart wanted to do, he should
proceed.
VOTE:
Mayor Abramowitz -
Nay
V/M Stelzer --
Aye
C/M Bender -
Nay
C/M Hoffman -
Nay ,
C/M Rohr -
Nay
** This Motion was DEFEATED by a 4 to 1 Vote.
TAPE 2
Melanie Reynolds, Resident, said it was unfortunate that
the City Council did not abide by the City Charter. She
said there were several things kept from the public such
as a Budget Message and details or reasons for the
necessity of Capital Improvements approved by the City
Council. She said the Charter mandated that this
information be given to the public.
Mrs. Reynolds said Dale Lee was appointed as the Acting
Chief Building Official without City Council approval and
the Charter stated that no one could be appointed to the
position of the Chief Building Official without the City
Council's approval at a public meeting. She suggested
the City Council become a law abiding Council.
City Manager Kelly said the Charter provided that the
appointment of a Chief Building Official had to be
approved by the City Council; however, the Charter did
not refer to an Acting Chief Building Official position.
He said he appointed Dale Lee as the Acting Chief
Building Official until he could submit his
recommendation to the City Council.
At 9:55 A.M., Mayor Abramowitz RECESSED the meeting and
1
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10/26/88
RECONVENED at 10:00 A.M. with ALL PRESENT.
ORDINANCES
PUBLIC HEARINGS - 10:00 A.M.
City Council
19. PUBLIC HEARING - MOTION TO ADOPT Te— mp Ord. #1412 on
sec no d read na. g to amend d Chapter 17 of the Gode by creating a
section prohibiting graffiti on walls, public buildings and
private property.
SYNOPSIS OF ACTION: ORDINANCE NO. 0-88-38 - PASSED
Public Hearing was held.
APPROVED on second reading.
City Attorney Doody read Temp Ord. #1412 by title.
* C/M Bender MOVED to APPROVE Tem Ord. #1412
* on second reading,y
SECONDED b C M Rohr.
City Attorney Doody said this was the second reading of
the Ordinance and there was an Amendment since the first
reading which was striking the "written" from "written
permission".
City Attorney Doody said the Ordinance would prohibit the
destruction of public or private properties by writing on
the Property. He said there was a provision indicating
penalties and a provision stating that if a minor was
found guilty of destructing property, the parents would
be held liable for the costs.
C/M Hoffman asked if the intent to mar property was added
in the Ordinance and City Attorney Doody said there were
two penalty provisions as follows: 1) having possession
of a spray can and, 2) the intent to use a spray can
violating the Ordinance.
Mayor Abramowitz asked if the Ordinance was enforceable
and City Attorney Doody replied, yes.
City Attorney Doody said the Ordinance was written
according to the State Statute regarding burglar tools.
He said the intent to use a spray can would be determined
at the time of arrest.
V/M Stelzer said this matter was discussed at a Broward
League of Cities meeting. He said he was requesting this
Ordinance because of all the new buildings in the City
and the buildings planned for development. He said
parents should be held responsible for their minor
children if their children were destroying property. He
said he approved of the Ordinance.
Mayor Abramowitz said if the Ordinance was enforceable he
approved of the Ordinance and he opened the Public
Hearing.
Vickie Beech, Resident, asked who would be enforcing the
Ordinance and City Attorney Doody replied, the Police
Department.
Harold Newman, Resident of 9402 NW 80 Street, asked if
the Ordinance would spell out the penalties and City
Page 9 ✓'
10/26/88
Attorney Doody said there would be a penalty of $100.00
for the first offense and $500.00 for the second offense
or imprisonment for not more than 60 days per occurrence
or, both a fine or imprisonment at the discretion of the
Court.
Anthony Grimaldi, Resident of 7004 NW 80 Court, asked if
the Ordinance protected the private residents such as
clubhouses and Mayor Abramowitz replied, yes.
C/M Bender read a provision of the Ordinance regarding
Mr. Grimaldi's concerns.
Mayor Abramowitz Closed the Public Hearing with no
further response.
VOTE: ALL VOTED AYE
General Administrative
20. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1413 on
second reading to amend Article I, Section 2-3.2 of the Code
to provide for an amended schedule of fees for photocopying.
SYNOPSIS OF ACTION: ORDINANCE NO. 0-88--39 - PASSED
Public Hearing was held.
APPROVED on second reading.
City Attorney Doody read Temp. Ord. #1413 by title.
* C/M Bender MOVED to APPROVE Temp.
Ord. #1413
* on second reading, SECONDED by CM Rohr.
City Attorney Doody said this was the second reading of
the Ordinance and there was an Amendment to the Ordinance
since the first reading as follows:
"for legal or letter size sheets, the first 20 pages would be
free, the 21st page would cost $1.00 and any page thereafter
would cost $.05."
City Attorney Doody said the Ordinance was consistent
with the Florida Public Records Law.
Mayor Abramowitz said if there were problems in the
future with this Ordinance it could be changed.
Mayor Abramowitz Opened and Closed the Public Hearing
with no response.
VOTE:
REPORTS
5. City Council Reports
C/M Hoffman - No report.
ALL VOTED AYE
C/M Rohr read a report from the Florida League of Cities
regarding a petition against State imposed mandates.
(SEE ATTACHMENT)
C/M Rohr said that the Florida League of Cities asked
that those interested in stopping the State mandates sign
petitions. He said he had those petitions available and
Ll
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10/26/88
1
those interested should see him after the meeting.
Mayor Abramowitz asked that Items 15 an 17 be heard at
this time.
(SEE PAGES 12 - 15 for continuation of Reports)
General Administrative
15. MOTION TO ADOPT Temp. Reso. #5213 awarding Bid #88-38
for group health insurance to Florida League of Cities.
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R-88-298 - PASSED
City Attorney Doody read Temp Reso. #5213 by title.
* C/M Bender MOVED to APPROVE Temp. Reso. #5213,
* SECONDED by C/M Rohr.
Larry Perretti, Personnel Director, said on October 18,
1988, a second bid opening was held for health insurance.
He said there were 6 bids received, 3 bids pertained to
a third party administrator, 1 bid pertained to life
insurance and the bids received from Humana and Florida
League of Cities pertained to indemnity plans with other
options.
Mr. Perretti said after reviewing the bids and meeting
with the three Unions, it was determined that the bid
from Florida League of Cities would be the best plan for
the City especially since Humana wanted to be the
exclusive carrier for the City. He said Humana requested
that the plans with Cigna and HIP be eliminated.
C/M Hoffman asked if Humana refused to cover the City if
they did not have the exclusive coverage with the City.
Mr. Perretti replied, yes, and he said at the bid opening
there were several questions regarding Humana's bid
offer. He said a spokesperson for Humana informed him
the next day that the City would have to eliminate the
coverage with HIP and CIGNA if they wanted coverage by
Humana. He said the Federation did not approve of
eliminating Cigna because there were several, employees in
the program.
V/M Stelzer said there were several employees who wanted
family coverage and the City paid $67.00 bi-weekly. He
said the employees had to pay $118.00 bi-weekly which was
a large amount to be deducted from their paychecks each
year. He suggested the City consider increasing their
contribution and asked that the City Manager and Finance
Director investigate this matter.
Mayor Abramowitz said the employees would have a choice
of 3 plans; however, he would prefer to pay $118.00
because he wanted to use his own doctor. He said this
cost may decrease once the participation was determined.
He said the City presently had a self -insured program;
however, the program may have to be eliminated if there
are not 200 participants. He said he would like the
employees to have a choice in coverage. He said the
matter was rebid because one of the companies during the
first bid opening felt that they were treated unfairly.
Mr. Perretti said only one carrier submitted a bid for
excess insurance. He said when a person was
Page 11 ,'
10/26/88
self -insured, they wanted a cap on their premiums so they
would not continue increasing drastically. He said the
carrier stated that if 200 participants were not
available for the excess insurance, they would not be
able to provide the insurance.
V/M Stelzer asked if the City Council agreed with his
suggestion and City Manager Kelly said staff was
presently investigating this matter.
C/M Rohr asked if it could be determined if there would
be 200 people signing up for the excess insurance
program.
Mr. Perretti said several employees indicated that they
would not be able to afford the coverage; therefore, they
would be signing up for the Cigna or HIP program. He
said there were presently 230 people in the self -insured
program and, if 31 people decided to take the other
programs, the self --insurance program would have to be
eliminated.
VOTE:
ALL VOTED AYE
17. MOTION TO ADOPT Temp- Rio. #5186 authorizing the
appropriate C ty of 1cials to execute an agreement with the
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS (IAFF), Local
2600 (tabled on 9/28/88).
SYNOPSIS OF ACTION: RESOLUTION NO. R--88-299 - PASSED
APPROVED sub ec] t to final negotiations
regarding health insurance benefits, Article 15.
City Attorney Doody read Temp. Reso. #5186 by title.
C/M Bender MOVED to APPROVE Te_ mp. Reso. #5186,
SECONDED by C/M Rohr.
Alan Ruf, Consulting Attorney, said the Agreement should
be approved subject to the final negotiations of health
insurance benefits, Article 15. He said Article 15 would
have to be removed from the contract until the
negotiations were completed with all of the Bargaining
units.
Mayor Abramowitz asked if the Resolution had to be
amended to accommodate Mr. Ruf's recommendation and City
Attorney Doody said the Agreement could be approved
subject to the final negotiations regarding health
insurance benefits, Article 15.
C/M Bender AMENDED his MOTION to include the Attorney's
recommendation, C/M Rohr AMENDED his Second.
VOTE:
ALL VOTED AYE
Mayor Abramowitz said he was very proud of the Fire
Department and the staff and employees of the City. He
said he has never before worked with such a staff that
was as dedicated and congenial as the City of Tamarac
staff.
REPORTS
5. City Council Etparts
C/M Bender - No report.
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1
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10/26/88
1
1
1
V/M Stelzer said at the previous Broward League of Cities
meeting there was discussion regarding State mandates.
He said this matter was submitted and defeated by the
State Legislators last year. He said the Broward League
of Cities assigned to each member a State Legislator that
would present items to Tallahassee. He said he was
appointed State Representative Peter Deutsch. He said
Peter Deutsch pledged that he would back any items
resulting in State mandates. He said both Houses had to
Vote 75% before the State could mandate any of the
programs to the Cities. He said most of the Broward
Delegation would be signing the petitions.
Mayor Abramowitz - No report.
6. City Manager Resort
City Manager Kelly reported that there would be a meeting
next week with Waste Management, Inc., to negotiate terms
for the recycling program.
AGENDIZED BY CONSENT
21. MOTION TO APPROVE expenditure not to exceed $1,200.00
to CLG in FloridaPower & Light lawsuit.
SYNOPSIS OF ACTION:
APPROVED.
City Manager Kelly said he received correspondence from
the Coalition of Local Governments regarding the tax
refunds by Florida Power and Light in 1987. He said
Florida Power & Light filed a petition in 1983 for a
savings of approximately $53,000,000.00 and requested
that the savings be applied to Florida Power & Light's
nuclear decrease in costs.
City Manager Kelly said the Coalition of local
governments felt that the savings should be returned to
the local governments and requested that the Cities
participate by joining the lawsuit. He said the
Coalition was receiving donations from the local
My
for the lawsuit and indicated that if the
City wanted to participate their donation would not
exceed $1,200.00, which was $.03 per capita. He
recommended that the City join the lawsuit and donate the
money.
* C/M Bender MOVED to APPROVE the expenditure of $1,200.00 to
* the Coalition in the Florida Power & Light lawsuit, SECONDED
* by C/M Rohr.
VOTE:
ALL VOTED AYE
City Manager Kelly said Walter Falck, Director of the
Broward League of Cities, expressed his concern regarding
the State mandates on the Municipalities. He said the
Positive Tax Centralization Act of 1986 stated that all
employees must have equal access to accident, health and
group term insurance. He said this mandate was to insure
that there was no discrimination of salary levels. He
said Touche Ross would be auditing this area for the
City; however, there were no problems expected.
City Manager Kelly said there has been progress in
negotiations with the School Board regarding the
Multi -Purpose Building. He said he met with the
Page 13
10/26/88
representatives of the School Board who indicated that
they would deed the land to the City because they needed
to have the land on record.
City Manager Kelly said Patricia Rancati, Principal of
Tamarac Elementary School, submitted her resignation
which would be effective at the end of the School year.
He said Mrs. Rancati has been an asset to the City and
staff and he was sorry that she was resigning.
Mayor Abramowitz said he informed the City Manager that
he would like to hold a Workshop meeting with the
Condominiums regarding a recycling program. He said
Irving Lopatey, President of the Presidents Council,
would be submitting a list of all the Condominium
Associations in Tamarac and he would like a
representative of each Condominium Association to be
invited to attend the Workshop meeting.
V/M Stelzer suggested that the film created by the
Florida League of Cities regarding waste recovery be
TAPE 3 shown at the Workshop meeting.
C/M Rohr reported that the Public Information Board asked
him to inform the City Council that they would like to
eliminate the Associate member positions and make the
Associate members Alternate members. He said everyone on
the Board participated and attended each meeting -and
making this change would allow all of the members to
vote.
* C/M Rohr MOVED to APPROVE the Ordinance for the Public
* Information Board being Amended by eliminating the Associate
* member positions and making those members Alternate members,
* SECONDED by C/M Bender.
City Manager Kelly said this matter should be approved by
Ordinance; therefore, the City Council should direct the
City Attorney to amend the existing Ordinance to provide
for this change.
Mayor Abramowitz asked the City Manager how he felt about
this matter from an Administrative viewpoint.
City Manager Kelly said he met with the Board and
informed them that philosophically, he would prefer a
smaller Board. He said the members were working very
hard and attend every meeting; therefore, he did not
object to this Amendment.
V/M Stelzer asked what was the difference between
Alternate and Associate members and Mayor Abramowitz said
Associate members could not vote.
V/M Stelzer said Alternate members could not vote unless
a Regular member was absent and asked how the Board
determined which Alternate member would take the place of
the absent Board member.
Mayor Abramowitz said the Chairman would designate which
Alternate
member took the place of the absent Board
member.
The City Council Directed the City Attorney to Amend the
Ordinance for the Public Information Board by changing
the Associate members to Alternate members.
Page 14 `,/
10/26/88
Melanie Reynolds, Resident, said the Public Information
Board as been a yo-yo as far as the members on the Board.
She suggested the Charter Section regarding the Board be
referred to as opposed to the City Code.
CONSIDERATIONS
Community Development
9. MOTION TO APE a modified site plan reflecting
changes in bud ding configurations, setbacks, parking require-
ments and landscaping for WOODLAND COVE.
(located on Woodlands Boulevard, north of Commercial Boulevard)
SYNOPSIS OF ACTION:
APPROVED.
* C/M Rohr MOVED to APPROVE this Item, SECONDED by C/M Bender.
Thelma Brown -Porter, City Planner, said the project was
known as Woodland Cove, the zoning is R-4 and the number
of acres are 3. She said the use requested was for 30
residential units which meet the Land Use Design of the
County and City. She said the project was previously
approved by the County prior to the annexation program.
She said the changes were being requested by the City and
not the County and there would be 10 items changed.
VOTE:
Utilities/Engineering
ALL VOTED AYE
10. MOTION TO APPROVE Addendum 21 to the engineering agree-
ment with Hazen and Sawyer in the amount of $47,900.00 to
prepare the survey, design, plans and specifications and
construction Management Services for rehabilitation of
five (5) sewage pumping stations, TUW Project 87-1.
SYNOPSIS OF ACTION:
APPROVED.
* C/M Bender MOVED to APPROVE this Item, SECONDED by C/M Rohr.
Mayor Abramowitz asked Bob Foy, Director of
Utilities/Engineering, to explain why outside engineers
were needed.
Bob Foy, Director of Utilities/Engineering, said this
Item was being requested to proceed with the
rehabilitation of 5 lift stations. He recommended
approval.
Mr. Foy said the present Engineering staff consisted of
himself, 2 Deputy Engineers and 2 CAD Operators. He said
staff had a long list of projects they were presently
working on such as Pump Stations 38, 39 and Land Section
7, the replacement of the water lines on McNab Road and
Pine Island Road, additional water lines on Nob Hill
Road, replacement of Pump Station 15, etc.
Mr. Foy said staff could not handle any additional work
because they were running behind on the existing
projects.
C/M Hoffman asked if it would be more economical for the
City to hire an Engineer to handle these projects and Mr.
Foy said this was a form of privatization.
Page 15
10/26/88
C/M Hoffman said he did not object to privatization
providing it was a cost savings to the City and Mayor
Abramowitz said each project required a different type of
Engineer.
City Manager Kelly said the City was not hiring an
Engineer, they were hiring a firm which provided numerous
services.
C/M Rohr suggested that the Utilities/Engineering
Department submit a list of the expected projects within
the next 2 years that would need outside engineers. He
said the list would assist the City in determining if an
Engineering Department should be created in-house.
Anthony Grimaldi, Resident, said he was glad that the
City was beginning to realize that these projects are
costing the City money. He said people were hired by the
firm; therefore, the City could hire people to do the
work in-house.
V/M Stelzer said if the City hired a complete staff to do
the work in-house and the City did not have the money to
pay for the staff in the future, the employees would have
to be fired.
Harold Newman, Resident at 9402 NW 88 Street, asked how
much it would cost for the project and Mr. Foy said the
entire project would cost $300,000,00.
C/M Hoffman agreed with C/M Rohr and he asked for a
projected report of what would have to be done by an
outside firm and a report of the money spent for an
outside firm within the previous 3 years.
VOTE:
ALL VOTED AYE
11. MOTION TO APPROVE the transfer of $358.00 from General
Contingency Account 001-872-588-975 to Engineering Special
Equipment Account 001-155-539-647 for the purchase of a
magnetic dosimeter which was approved at the Council meeting
of 10/12/88.
SYNOPSIS OF ACTION:
APPROVED.
* C/M Bender MOVED to APPROVE this Item, SECONDED by C/M Rohr.
City Manager Kelly said the City Council approved this
equipment at the October 12, 1988 meeting and this Item
was to provide an account to identify this money so the
equipment could be purchased.
At this time, Mayor Abramowitz relinquished the gavel to
V/M Stelzer.
VOTE: Mayor Abramowitz - Absent
V/M Stelzer - Aye
C/M Bender - Aye
C/M Hoffman - Aye
C/M Rohr - Aye
Page 16
10/26/88
RESOLUTIONS
City Council
1.2. MOTION TO ADOPT Temp` Reso. #5215 supporting a proposed
constitutional amendment to provide for the creation of a
Department of Veterans Affairs and a Department of Elderly
Affairs.
SYNOPSIS OF ACTION: RESOLUTION NO. R-88-296 - PASSED
APPROVED.
City Attorney Doody read Te_ mp` Reso #5215 by title.
City Manager Kelly said this Item was being presented to
the City Council by the Florida League of Cities and they
were urging all of the Cities in Broward County to
support this matter.
* C/M Bender MOVED to APPROVE Temp_ Reso. #5215,
* SECONDED by C/M Rohr.
V/M Stelzer gave the gavel back to Mayor Abramowitz.
VOTE: ALL VOTED AYE
Community Development
14. a. MOTION TO ADOPT Te_ mpj Reso. #5218 accepting the
report prepared by Darby and Way, Inc., on the SABAL
PALM GOLF COURSE.
b. MOTION TO APPROVE the payment of $7,500.00 to
Darby and Way, Inc., for preparation of a report on the
the SABAL PALM GOLF COURSE.
c. MOTION TO ADOPT Temp Reso #5086 approving a revised
site plan for SABAL PALM GOLF COURSE reflecting addition
of a driving range and two (2) greens and tees
(located at the northeast corner of Commercial Boulevard
and Rock Island Road) (tabled on 9/28/88).
SYNOPSIS OF ACTION: RESOLUTION NO. R-88-297 -- PASSED
TABLED 14 -con Page 2.
APPROVED a. and b.
a. City Attorney Doody read Temp. Reso. #5218 by title.
* C/M Bender MOVED to APPROVE Temp Reso. #5218,
* SECONDED by C/M Hoffman.
Mike Von Hofen, Assistant City Planner, said the City
Council approved this report to be done by Darby and Way,
which was an evaluation and analysis of the Sabal Palm
Country Club Golf Course.
C/M Hoffman asked if this Item needed approval for the
report only and Mayor Abramowitz replied, yes. He said
Item 14 c., was Tabled at the request of Sabal Palm. C/M
Bender said the report was excellent and very detailed.
Anthony Grimaldi, Resident, said the residents were not
aware of the content of the report.
City Attorney Doody said the City Council was only
accepting the report for review. He said the Site Plan
Page 17 r-'
10/26/88
was withdrawn at the request of the applicant; therefore,
it was not the appropriate time to discuss the merits of
the report.
Mr. Grimaldi suggested the entire item be Tabled until
the matter was ready for discussion. He said he did not
want to pay for a report that he was not aware of.
C/M Hoffman said because the applicant withdrew his
application did not mean that the City Council should not
accept and pay for the report created by Darby and Way at
the City's request.
Mayor Abramowitz said when the City Attorney advised the
City Council not to discuss a matter, the City Council
respected.the City Attorney's advice.
City Attorney Doody said the applicant and his attorney
were not present and he would prefer that the City
Council was not accused of pre -judging the site plan that
may or may not end up in litigation.
Mayor Abramowitz said Sabal Palm has taken the City to
Court twice and won both times. He said the City wanted
to handle this matter very carefully.
C/M Hoffman said anyone wanting to review the report
should contact the City Attorney.
VOTE:
ALL VOTED AYE
* b. C/M Bender MOVED to APPROVE Item 14 b., SECONDED by C/M Hoffman.
VOTE: ALL VOTED AYE
General Administrative
18. MOTION TO ADOPT Temp. Reso. #5220 revising the rate for
the residential garbage colle tic on and disposal fee.
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R-88-300 - PASSED
City Attorney Doody read Temp. Reso. #5220 by title.
City Manager Kelly said the new rate for single family
residents would be $7.95 and the rate for Condominiums
would be $3.88. He said Waste Management, Inc.,
submitted a letter with the contract provisions and the
landfill disposal fee would be increased from $27.00 to
$34.00. He said the increases for the landfill costs
would amount to $.19 per $1.00 for the single family
residents and $.19 per $1.00 for Condominiums.
City Manager Kelly said the rates would not increase
unless the land fill rates increased. He said these
rates were still the lowest in Broward County and the
other Cities were concerned as to why Tamarac's rates
were so low.
Mayor Abramowitz asked that the City Manager make copies
of the contract available for the residents.
* C/M Hoffman MOVED to APPROVE Temp. Reso. #5220,
* SECONDED by C/M Bender.
C/M Rohr said the City of Oakland Park charged their
residents $10.50 and they had their own pick-up program.
1
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Page 13
10/26/88
C/M Bender asked how long the existing contract would be
in effect and City Manager Kelly replied, 5 years. C/M
Bender asked if there were any revisions to the contract
and City Manager Kelly answered, no.
C/M Hoffman said having a 5 year contract may be the
reason for the rates being so low in Tamarac and City
Manager Kelly said the surrounding Cities were presently
negotiating contracts and may be taking a calculated risk
in receiving increases.
V/M Stelzer asked what would happen when the tipping fees
increased and City Manager Kelly said this would not be
occurring soon. City Manager Kelly said the garbage bill
may be the largest bill in Broward County within the next
10 years; however, the City was protected from this
matter for the duration of the contract.
Mayor Abramowitz said the reason the City wanted to
implement a recycling program was to eliminate the rise
in costs.
VOTE:
ALL VOTED AYE
With no further business, Mayor Abramowitz ADJOURNED this
meeting at 11:00 A.M.
tA� OL A. EVANS, CITY CLERK
"This public document was promulgated at a cost of $192.00 or $5.33 per
copy to inform the general public, public officers and employees of
recent opinions and considerations of the City Council of the City of
Tamarac."
1
APPROVED AT MEETING OF
aty Clerk
Page 19
Memorandum
TO:
FROM:
DATE:
SUBJECT:
cm
FLORIDA LEAGUE OF CITIES, INC.
IMPORTANT ACTION NOTICE
All Elected Officials
Member Municipalities/Charter Coun p
Raymond C. Sittig, Executive Direc r
V '
Florida League of Cities, Inc.
October 24, 1988
LEGISLATIVE/CITIZEN SUPPORT FOR MANDATES PROPOSAL
The Board of Directors of the Florida League of Cities has
approved a parallel or "dual" strategy to help ensure that the citizens
of Florida will have an opportunity, one way or another, to vote on a
proposed Constitutional Amendment to limit or prevent unfunded
mandatory programs from being placed on city or county governments.
Our first effort, outlined on the attached blue sheet, will be to
encourage each candidate and each legislator to agree to support this
"legislative" proposal. We believe this proposal, using this
procedure, is the most appropriate path to follow because there is much
more opportunity to be flexible in the legislative process. We are
coordinating our efforts through each of your regional or local
leagues, and our goal is to secure support from each member of the
state Legislature and each candidate for those seats. In the event
there are some who are unwilling to sign, we would like to know who
they are, and their reasons, so we might be able to provide them with
more information and a better understanding of the problem.
Meanwhile, a parallel effort will be conducted to secure
signatures through a citizens' petition drive by using the attached
white sheet. Arrangements are underway to man petition -signing
opportunities at selected precincts on November 8 (Election Day). The
petition drive will continue until the close of the 1989 Legislative
Session, at which time the legislative proposal - if any - will be
evaluated to determine the necessity of continuing to collect citizens'
petitions.
During the recently completed FLC annual convention, the
membership enthusiastically supported these proposals and nearly 1,000
persons signed the citizens' petition.
201 Went Park Avenue a P.O. Box 1757 • TaHahmme, Flom 32302-1757 • (904) 222.9684 • Suncom 282-5010
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MEMO
October 24, 1988
Page Two
The law requires the establishment of a Political Action Committee
(PAC) to report contributions and expenditures on behalf of any
citizens' petition to amend the state constitution. Contributions to
this effort may be made by check to: Home Rule Committee, P.O. Box
1757, Tallahassee, FL 32302-1757.
In the interim, the League was authorized to make a contribution
to the PAC in order to commence operations. This will allow the PAC to
take advantage of the General Election Day large voter turnout to
collect signatures.
Each addressed official is urged to:
1) Sign and return the citizens' white petition form and
encourage all your citizens to also sign (some cities are
including petition forms in their mailings to their citizens);
2) Work directly with your local/regional league of cities to
assist their efforts in securing signatures of state
legislators and candidates (and thank them publicly for
their support);
3) Encourage official efforts by your city, as well as all
organizations in your community, to endorse and support the
citizens' initiative proposal.; and
4) Assist and encourage contributions to the Home Rule Committee.
(Contributions must be made by check and contributions of
$1p0.00 or more must include the address of the contributor.
The Attorney General has ruled that cities may contribute to
public information campaigns such as this if there is a direct
effect upon the municipal citizen. We believe a city
contribution is authorized however, you should check with your
city attorney.)
The Florida League of Cities has made a substantial commitment to
resolving the problem of unfunded mandates. Please join in this
effort. If we can help in any way, please let us know. The Home Rule
Committee may be contacted at (904) 222--9684.
Attachments
P.S. A paid political ad by the Home Rule Committee will appear in
the November issue of QUALITY CITIES magazine (inside back
cover) and a full report on the mandates campaign will be
reported in the December issue.
CONSTITUTIONAL AMENDMENT PETITION FORM
LIMITATION ON LEGISLATIVE MANDATES
04.185 - It is unlawful for any person to knowingly sign a petition or petitions for a particular issue or candidate more than one time.
.ny person violating the provisions of this section shall, upon conviction, be guilty of a misdemeanor of the first degree, punishable as
rovided in s. 775.082, s. 775.083, or s. 775.084.
am a registered voter and hereby petition the Secretary of State to place the following Amendment to the Florida Constitution on the
allot in the next general election held more than ninety days after this petition is filed with the Secretary of State.
fAME
TREET ADDRESS
;IP
'ONGRESSIONAL DISTRICT
,allot title and summary:
(Please Print Your Name As It Appears On The Voting Roll.)
101if►111M
SIGNATURE
-----
CITY
PRECINCT
DATE
LIMITATION ON LEGISLATIVE MANDATES
'his amendment limits the power of the Legislature to enact statewide laws which require counties or municipalities to expend local
►onies to comply with new laws, unless the Legislature provides local governments with a new state source of revenue to fund compli-
nce. New state funds must be in addition to all funds available from existing revenue sources to local governments when the law is
assed. The amendment does not apply to laws affecting the judiciary.
ext of the Amendment:
he following new section is added to Article VII of the Florida Constitution:
ection 17. Laws Requiring Expenditure by Counties or Municipalities
he Legislature may not enact a general law if compliance with that law will require a county or municipality to spend local monies
vhich shall include all funds available from then existing revenue sources to counties or municipalities on the date the law is enacted),
Hess the Legislature provides adequate state monies to fund the cost of compliance with the law. This provision shall not apply to laws
Wing with the judiciary.
Home Rule Committee • Post Office Box 1757 • Tallahassee, FL 32302-1757
PAID POLITICAL ADVERTISEMENT BY HOME RULE COMMITTEE