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HomeMy WebLinkAbout1988-10-26 - City Commission Regular Meeting Minutes1 d 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. Page 1 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. 1 1 Page 2 10/26/88 fl 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. Page 3 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. 1 0 Page 4 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. 1 Page 5 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. 1 I Page 6 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. Page 1 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. Page 2 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 1 1 Page 4 ✓. 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, Page 5 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 Page 6 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 Page 8 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 1 1 Page 10 �— 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. 1 1 Page 12 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 1 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 1 1 1 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