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HomeMy WebLinkAbout1989-04-10 - City Commission Special Meeting Minutes7525 NORTHWEST 88TH AVENUE TAMARAC, FLORIDA 33321-2401 TELEPHONE (305) 722-5900 RECORD OF COUNCIL ACTIONS/DISCUSSIONS SPECIAL MEETING CITY COUNCIL OF TAMARAC, FLORIDA There will be a Special Meeting of the City Council on Monday, April 10, 1989 at 11:00 A.M. in Conference Room #2, City Hall, 7525 NW 88 Avenue, Tamarac, Florida. The purpose of the meeting is: MOTION TO APPROVE awarding bid #89-16 to Man -Con, Inc., in the negotiated amount of $542,750.00 for the construction of the Tamarac Sports Complex, Phase 1; and AUTHORIZING transfer of $17.0,000.00 from the Multi -Purpose Recreation Account #345--652-572--6DH to Tamarac Sports Complex Account #345-652- 572-6DG to provide additional funds for this project. FINAL ACTION: APPROVED. The City Council may consider and act upon such other business as may come before it. All meetings are open to the public. CAE/pm L Carol A. Evans City Clerk Pursuant to Section 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 will need a retard of the proceedings and for such purpose, he may need to ensure that a verbatim record includes Via testimony and evidence upon which the appeal is to be based AN EQUAL OPPORTUNITY EMPLOYER POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS CITY OF TAMARAC CITY COUNCIL SPECIAL MEETING MONDAY, APRIL 10, 1989 CALL TO ORDER: Mayor Abramowitz called this meeting to Order on Monday, April 10, 1989 at 11:00 A.M. in Conference Room #2 (City Clerk's Office). PRESENT: Mayor Norman Abramowitz Vice Mayor Dr. H. Larry Bender Councilman Bruce Hoffman Councilman Henry Rohr Councilman Jack Stelzer ALSO PRESENT: John P. Kelly, City Manager Richard Doody, City Attorney Mike Couzzo, Director of Public Works Alan Levine, Assistant Public Works Director Ken Burroughs, Finance Director Guy Mancini, President of Man -Con, Inc. Patricia Marcurio, Office Manager City Clerk's Office MOTION TO APPROVE awarding Bid #89-16 to Man --Con, Inc., in the negotiated amount of $542,750.00 for the construction of the Tamarac Sports Complex, Phase 1; and AUTHORIZING transfer of $170,000.00 from the Multi -Purpose Recreation Account #345-652- 572-6DH to Tamarac Sports Complex Account #345-652-572-6DG to provide additional funds for this project. SYNOPSIS OF ACTION: APPROVED. * V/M Bender MOVED to APPROVE this Item, SECONDED by C/M Hoffman. Mike Couzzo, Director of Public Works, said this was a negotiated contract with Man -Con, Inc., which was the lowest bidder on the project. He said the original bid was $893,325.00 and, after meeting with Man -Con, Inc., on several occasions to review the project, the new amount would be $542,750.00. Mayor Abramowitz asked if the negotiated contract included all the necessary items that would make the Sports Complex operational and Mr. Couzzo replied, yes. Mayor Abramowitz asked when the Complex would be opened and Mr. Couzzo said the contractor would be able to answer questions that the City Council may have. Guy Mancini, President of Man -Con, Inc., said if the sod adjusted properly, the ballfields could be used the first week of July, 1989; however, he could not guarantee that the lighting would be affixed for night games. C/M Hoffman asked if the Multi -Purpose Complex would be completed if the State Funds were not granted and Mr. Couzzo said he discussed this matter with Ken Burroughs, Finance Director, who indicated that there was a current Page 1 4/10/8.9 unappropriated balance of approximately $77,000.00. He said he recommended that these funds be transferred to the Multi -Purpose Account to make up*the difference of this transfer. Mr. Couzzo said there was a contingency of approximately 10% in the transfer for unforeseen matters that may occur during the project. He said if the funds were not used, the funds would be transferred back to the Multi -Purpose Account. C/M Hoffman said be would like the minimum amount necessary transferred to the Tamarac Sports Complex Project. He said if more funds were needed a transfer could be made in the future. Mr. Couzzo said there was approximately $18,000.00 being transferred above the actual cost of the contract. Mayor Abramowitz suggested that a stipulation be made that any additional funds needed for the Tamarac Sports Complex project be approved bylthe City Council. C/M Hoffman said he would prefer that $153,000.00 be transferred at this time as opposed to $170,000.00. He said if there were any additional funds needed it could be discussed at a later date. Mr. Couzzo said the matter would come before the City Council if additional funds we a needed because it would be a Change Order to the contract. C/M Hoffman said if the funds were granted by the State, there would be no problems; however, if the money was not received, there could be problems. City Manager Kelly said he agreed with C/M Hoffman's concerns; however, he said the funds were not being issued to the Contractor. He said the funds were being placed into an account for use after City Council approval. He said it was better to have some funds available for unforeseen problems in a project as opposed to asking the City Council for a few dollars to complete the project. He said the funds' would be held in the account as reserve for the project. Mayor Abramowitz said he did not want the City Council to. be consistently transferring funds for minor projects. He said as long as the control over the use of the funds remained in the City Council's discretion, he did not object to the funds being avail ble. C/M Rohr asked who would do the!work which was deleted from the original Bids and Mr. Pouzzo said some of the work could be done by the Publi Works Department such as the roads and drainage in the n rthern section. Mr. Couzzo said if the additional lights were needed, it would be a budgetary consideration. C/M Rohr said the costs for materials and labor for work done by the Public Works Department had to be considered and Mr. Couzzo said the work was not anticipated to occur in this Fiscal Year. C/M Rohr asked if the funds from the State were designated for this project and C/M Hoffman said the Page 2 C 1 LJ 4/10/89 funds were being transferred from the Multi -Purpose account for this project with hope that the State would replenish the money. Mayor Abramowitz said the money was not available for both projects; therefore, negotiations were done with Man -Con, Inc. He said during the negotiations, the work which was not needed was deleted from the contract to allow the project to begin. C/M Hoffman said he just -wanted to make sure that there would be enough funds available for the Multi -Purpose Complex. Mayor Abramowitz said as long as the City Council had the ability to make the final decision about the funds, he did not object to this transfer. He said he did not want anything done on the project which was not necessary. He thanked the Contractor for working with staff on this matter. Mr. Couzzo said on Thursday, April 13, 1989, the School Board would be acting on the InterLocal Agreement with the City. He said when the Agreement was executed, it would go to the State for the contract and he was assured by the State that the funds would be available in approximately 4 weeks. Mayor Abramowitz said the Agreement between the School Board and the City was delaying the funds from the State. He said the State agreed that when the Agreement was submitted, the funds would be available for the Multi -Purpose Complex. C/M Hoffman said he did not object to this transfer providing the City Council was comfortable. C/M Stelzer asked if the drainage into the canal would be sufficient and Mr. Couzzo said the southern portion would be drained and the northern portion would drain into the rocked areas because there would be no pavement. C/M Stelzer asked if there would be funds needed for the drainage in the future and Mr. Couzzo said when the areas were paved to comply with the City Codes, a positive drainage system would be installed. C/M.Stelzer asked why the ballfields were being deleted and Mr. Couzzo said the ballfields would be done by In-house staff. C/M Stelzer asked if the pavement deleted would be done eventually and Mr. Couzzo replied, yes. C/M Stelzer said there has been controversy in the past about constructing projects in stages and Mr. Couzzo said this project would not be Phased. C/M Stelzer said the ballfields and concrete were deleted and he asked what the purpose was for building the Complex if the ballfields would not be included. Mr. Couzzo said the ballfields consisted of clay which would be constructed by the Public Works Department. He said the paving was anticipated to be done In-house as well. C/M Stelzer said he was concerned with the entire cost of the project. He said he did not object to building the Page 3 4/10/89 ballfields; however, the law should be complied with. He said there were problems with the Recreation Building at Tamarac Park because it was done in phases. He said the entire cost had to be known and 2-1/2% of the budget pertained to the General Budget. C/M Stelzer said the entire project was anticipated to be approximately $893,000.00 and Mr. Couzzo said the entire project would cost more than this. C/M Stelzer said this matter should be placed on Referendum. He said this type lof matter was a problem in the past. City Attorney Doody said this matter was reviewed prior to the meeting. He said the Minutes of the Charter Board discussion amending the Charter to provide for 2-1/2% of the "then current Budget", consisted of a lot of discussion as to whether or not the percent should be of the General Fund or the entire Funds. He said one of the concerns of the Charter Board was limiting 2-1/2% to the General Fund which would allow impact fees to be used in any amount without going to Referendum. He said the Charter Board wanted to cover a 1 of the Budget Funds within the Charter provision. City Attorney Doody said when tte City Council considered this matter, a Motion was made o amend the Charter Amendment to 2-1/2% of the General Fund. He said the Charter Board over -rode the City Council's request on the basis that impact fees could beispent without a Referendum. He said the best interpretation of the Minutes seemed to be that the intent was to encompass all of the funds. He said if therelwas a continuous problem then a specific provision may be needed in the Charter to clarify the problem. City Attorney Doody said he would submit a copy of the Minutes to the City Council. He said the discussion went back and forth; however, he interpreted from the Minutes that the entire Budget would belconsidered. C/M Hoffman said when the original Bid was advertised, a Referendum did not take place. He said the City Council rejected the Bids because they were too high. He said the City must have been taking the appropriate steps in going out to Bid on the project. He said the General Fund was approximately 15 million dollars; therefore, the maximum to Bid without Referendum was $375,000.00. City Attorney Doody said there was a history of controversy which could be clarified by amending the Charter. He said the Minutes indicated that the issue was an Amendment limited to the General Fund but was overruled by the Charter Board. He said the Resolution adopted to place the Amendment on the Ballot at the City Council's request was over -ruled by the Charter Board. C/M Hoffman asked what the residents voted on and C/M Stelzer said the residents voted'on 2-1/2% of the General Fund. City Manager Kelly disagreed. C/M Stelzer said when the Tamarac Park Recreation Building was constructed, it was limited to $250,000.00. He said the City Council always agreed that 2-1/2% would be of the General Fund. He said the past purchases were always based on 2-1/2% of the General Fund. He said he Page 1 1 4/10/89 did not know if the Charter Board had the right to over -rule the City Council's decision because the City Council was the governing body of the City. C/M Stelzer said he approved of this project; however, he felt that the matter had to be taken to Referendum. City Manager Kelly said when this issue was brought to him, he thought that the project would have to be placed on Referendum. He said Mr. Couzzo researched this matter and presented the information referred to by the City Attorney. He said the Amendment approved by the voters did not indicate "General Fund" but stated "the Budget". He said the actions by the Charter Board over -ruled the City Council's request to 2-1/2% being of the General Fund and the Ballot item encompassed the entire Budget. Mayor Abramowitz asked if the Charter indicated in fact how the problem should be addressed. City Attorney Doody said this item was brought to him late last week and one of the rules in constructing the Charter was trying to determine the legislative intent of the body which enacted it. He said to answer this question, he reviewed the Minutes and the Minutes reflected the Chairman stating before the vote, "Okay, if we do not accept the suggestion of the City Council, it was going to include all of the funds." City Attorney Doody said the rationale behind the matter was that the Charter Board was concerned about spending impact fees without a Referendum. He said a conservative interpretation of the Minutes indicated that the Charter Board wanted to include the entire Budget. He said this was his opinion; however, the City Council had to make the determination. He suggested that the matter be addressed in the Charter if there was a continuous controversy. City Attorney Doody said the legislative intent of the Charter would uphold the course of action taken by the City Council should they agree with his interpretation. C/M Rohr said he relied on the City Attorney and City Manager's expertise; therefore, this matter should be approved. V/M Bender said the original price was reduced and he considered the negotiated contract a completed project. He said the things being eliminated were not necessary for the project; however, the items could be added as improvements in the future. City Manager Kelly said this project was considered as piece -meal and the aggregate had to be considered. He said the entire project would cost well over 1 million dollars. Mayor Abramowitz asked if there was a City Code requiring that the parking lot had to be paved and Mr. Couzzo said on the overall plan, the parking lot was paved. C/M Stelzer said if the pavement was not done, it would be a violation to the Code. He said he was for the project; however, he wanted it done legally. Page 5 4/10/89 Mayor Abramowitz said this matter should have been addressed years ago and C/M Stelzer said this was addressed in a positive manner.i C/M Stelzer said a definite decision was made by t e City Council that 2-1/2% would always be calculat d on the General Fund. Mayor Abramowitz asked if this matter was in the Charter and C/M Stelzer asked if the Charter indicated the entire fund. Mayor Abramowitz said the Charter addressed this item in an ambiguous manner. C/M Stelzer said the Charter only indicated "of the then current Budget". He said the Budget was the City Budget not the Utilities Budget. He said Melanie Reynolds, Resident, referred to this problem several years ago which was always a concern of the City Council. City Attorney Doody said one of the people who voted for the Amendment was Mrs. Reynolds, He said the Amendment was to strike the language "General Fund". He said he was only bringing his opinion to the City Council. Mayor Abramowitz asked the City Manager and City Attorney to take the necessary steps to correct this matter. He said he did not want to do anything that was in violation of the law; however, the City Attorney informed the City Council of his opinion. He said he understood that the Charter could be interpreted either way; however, he would like to see the matter specifically stating the law. C/M Hoffman said based on the opinion from the City Attorney, he approved of this Item. VOTE: Mayor ',Abramowitz - Aye V/M Bender - Aye C/M Hoffman - Aye C/M Rbhr - Aye C/M Stelzer - Nay Mayor Abramowitz said he would like this matter to be addressed in a manner that could be followed consistently. He asked that the matter be addressed in the near future. City Attorney Doody asked if the City Council wanted his office to begin reviewing the 1 nguage in the Charter and Mayor Abramowitz asked the City Council to express their interest in addressing this matter. C/M Rohr suggested that the City Attorney seek further legal advise regarding this mat er and City Attorney Doody said the Attorney General would not assist the City with the Charter. C/M Hoffman said there were so many things in the Charter that had to be reviewed. He said this matter should be addressed during a complete review of Charter. He said the residents should be presented with a complete amended Charter as opposed to piece by piece. r V/M Bender said a list of the poblems would have to be created for whoever will be rev ewing the Charter so that the problems were not overlooks . He said the City Attorney should be responsible for listing the problems in the Charter. Page '6 1 C 1 4/10/89 City Attorney Doody asked if the City Council wanted the changed and Mayor Abramowitz awarehofcthed no languaanswergthis matter because he wa ramifications. specific act fees collected for a C/M Hoffman said imp the purpose without a PI should be used for there should be no He said if fees were collected from the Referendum, purposes, developers for retheamoney far recreational purposes* Referendum to spendto see if it should be reviewed He said other C/M Hoffman said 2- ure$in today's economY- to see what was a realistic fig Cities of comparable size should be reviewe they were doing. Council was ht that the City ate the legality C/M Rohr said he thought to investi9 of the City said the purpose instructing Mayor Abramowitz with Man -Con. of the matter and Y rove the contract the meeting was to approve Complex project. Inc., for the Tamarac Sports regarding the there was a question onthe legal Mayor Abramowitz said however, based on pp rove matter going to Ref erendum, interpretation of the City a Attorney, he voted to the Item. about he was tired of hearing addressed by the City Mayor Abramowitz said he did not run for matters that should haveliesaid rd Council several years ag matters because there made office for the easy be made and the decisions that had to make these decisions. the City officials to in with not see a Problem staying C/M Rohr said he Budget approximately AO million dollars. 2-1/2% for a hould be implemented Mayor Abramowitz said the language sthere was no law in laws and, at this time, n the C1tythis. it►sii.,rating following this has been Attorney to C/M a5_tlzer said the City where this matter was r2 for 12 years and he asked the City proce.� Council Minutes review L City there were levee rulingehas always disc 1s d. He said that time and the et was exceeded► questions posed at of the General Budget been that if 2-1/2% the matter had to go to Referendum. in this matter was not stated Mayor Abramowitz asked why said the Charter indicated the Charter and C/M Stelzer M Stelzer said the City G/ Budget 2-1/2$ of the then Sudget•the General Fund Council always considered and apart from the Utilities Budget* separatewas the City's bible itz said the Char Mayor Abramowter ific. and it should be spec Council adhered to the Charter C/M Stelzer said the C1said the City Council always He the General Fund Budget to as an interpretation. He agreed that 2-l/2% Was °fSth Attachment) limit the expenditures. could r asked haw much auld dd1aiMral COzzoe saidehe� project. C/M Stelzer this Complex an on the be required for not determine the exact maintenance cos page 7 4/10/89 Mr. Couzzo said the only ballfields and C malnt nance would the use of the ballfielder asked if be for the Mr.; Courtoe City charged for City Attorney ; replied, no, matter i Y Doody said the n the past and the Ci "tY Council discussed this Put in the language "General Fund °Until made was sent to the a Motion to denied this t Charter Board ar�d the He said the request quest. Charter Board C/M Stelzer said for 12 Years the Referendum on an Cit Y Project above Y Council required a Fund Budget. the 2-1/2% Of the General Mayor Abramowitz said for 12 remiss in making sure Years the City specified. that the laws Y Council was political a He said he resented the of the City expediency CityY were x Y for as long being as it has b g run in C/M Stelzer said he a been. did not agree with approved of the Referendum. the project being however, he g approved without a C/M Rohr said d hea di not interested d not feel that the residents who City should vote on them. Projects which would benefit the C/M Hoffman said if there be corrected; was somethin Years did not however, because something wrong n should Charter Justify it as the law, g was done for 12 was specific it He said if the specified: however, based would be followed as i the project should on the t was continue. City Attorneys opinion, With no further business ► Mayor Abramowitz ADJOURNED this meeting at 11:50 A.M� CARQ A. EVANS, CITY CLERK "This Public document was COPY to inform the generalPromulgated at a cost of recent opinions and considerations rations of bthe Cificers and empor loyees 3 per Tamarac. mPloyees of Y Council of the City of CITY OF TAM"AC APPROVED AT MEETING OF �`� /v g9 City Clerk Page 8 1 Charter hoard Meeting December 27. 1983 Page 7 Mr. Stein asked that someone first make a Motion so that they can have a discussion on this amendment. Ile explained that they have a Motion to put this amendment on the ballot, and then they can discuss it, defeat it. amend it, etc. Ray Munitz, resident of Tamarac, suggested that they first address whether or not they want -to accept the change in the language and then vote on the amendment. Mr. Stein replied that the change in the language is to the present and not to their amendment. Mr. Munitz interjected to say again they should first consider the change the Council wants. Mr. Stein explained that they first should have the amendment in front of them and then div�bssubmltLednbys He said they will first talk about the amendment as i te changes. Sy the Board to the Council, and then they will addressedhamendment. whichStein entertained a Motion that they put the Eighth p p provides for reduction from 2;2% to V1% of the city's annual budget. etc. amending section 7.13 on the ballot for referendum at the March 13th election. Melanie Reynolds: I so Move. Alice Norian: Second Mr. Stein ;aid that they now can have a discu-1011- Mrs. Reynoldssaid %he would like to know exactly what are they talking about. Mr. Stein explained that the City Council suggested an amendment which would discuss 1122 only if it affected the City's general fund. He said.for opurpose, clarification, if there are special funds set aside for a particular then the 1'1 would not affect that amount. Mr. Henning commented that there are two concepts in this amendment. First, he said all the funds in the City treasury are the people's funds. which he believes they all agree on. Mr. Stein interjected to say that he disagrees with Mr. Henning* in that everyone understands. He said most people do not understand, and have an attitude that if the builder put the money there that it is not the City's funds. Jon Henning said the one concept is do they consider all the money in the treasury the people's funds, and they should be regulated whether or not they contributed them or whether ornot they were contributed by other people. He said. if that's theocase,uncil says the proposal is not applicable. Mr. Henning statedthey could have the same control over those fundsenerathat affect bthe taxes. allit He explained that if it is not in the City g is not tax money. Also, he said, the City could not have financing bs ing stated that if they need bonds without a referendum. Mr. Hennoingfto. financing to referendum is still required. He said that C/M Stelzer is g propose a refernedum that was tabled by the Charter Board regarding the bonds without referendum. Mr. Henning said that as the amendment now reads, if they have to send out bonds, the city gets the referendum. said, the question is, if there is no impact on the money that the taxpayer paid. do they still need a referendum. Mr. Avidon said to Jon Henning that 1n Section 7.13 in the Charter it is now 242 and $75,000, but there is no mention of general funds. He said d Charter Board Meeting December P , 1983 Page 8 this refers to any money the City has. Mrs. Reynolds interjected to say that it states, "current budget." She said the currentAudget does not take into account funds such as parks and recreation, pension. etc. Mrs. Reynolds said the current budget is general fund. 'Mr. Avidon agreed with Mrs. Reynolds' statement. Ray Munitz, resident of Tamar:u , said he w"uld like to Amk Mr. Henning a question. He said at one point Mr. Henning was asked to render a legal opinion as to whether or not a referendum is necessary to expend funds that have been earmarked if it going to be used for the', noted purpose. Mr. Henning replied that he has not issued an opinion yet. He said this is why the added language came up, because in his grind there is a question mark after the word "cost". Mr. Stein replied that Mr. Henning had three different ways to do this. He said, one would be to the general fund, one to any project, and the third one he didn't recall at the moment. `:r. Henning interjected, it could be anything else the Council could think of. Syd Stein stated that there are various ways of putting; the 1'1 in. He said the Council was not happy with the Inn, but would go along with it if it only affects the general funds. Mrs. Reynolds stated that since all the moneys in City Hall are public fun s, t en t ap*liea all moneys in CItl-liall. Sbesak that win they talk of the money for parks and recreation as being given by the developers, this has two prongs to it, hecause the people from whom the developers kept the percentage of open spare that they were supposed to have, are the ones who have really contributed. Mrs Reynolds said a few years ago they had the argument about drainage. She said they circumvented the Charter by dividing the drainage into two to three parts. Mrs. Reynolds said that Mrs. Massarr stated before the Charter Board that they were trust funds. She said this isn't so. b cause those funds were taken from the public works and put into the drat age account. Mrs. Reynolds stated that whether or not they were in trust or in escrow, they were still public funds. She believes the money _hould be used as public funds, and not only general fund. Mr. Stein stated for clarification that Mr. Hennaing ha_ suggested that we add the words, "involving the cost to any o:u ;rotect.' Mr. Henning interject to say that he doesn't believe the Board tan that right at this point to make any other changes. He said that the Council has given the Board an alternati% to consider. He stated they only have the tw- considerations. either to have the amendment read as submitted by ton or as are ded by the Council. Mr. Stein said that it is Melanie Reynolds' opinion th t they go with their original proposal, which means that all funds would -c a under the lit. Mr. Stein said, however, that there right he a serious battle. because Mr. Henning has not given his interpretation: ar.: CA Stelzer has a different attitude, 0-4 Stelzer's belief is, Mr. Stvir said, that money_ set aside for parks and recreation can he expended in spitr of this. Miss Norian commented that this issue has been a long one on the part of the silent majority. because they feel the Council has circumvented their wishes for expenditure of their money without referendum... She said the people want a limit to the extent of spending of large sums of money. Miss Norian said this money is not spent immediately, and therefore there can be time 1 Iq TT /tea �n�c 1/1 o49/ ?�/6, 7 T Charter board office December :7, 1983 # Page 9 i for a referendum. t Mr. Henning replied he doesn't understand which large expenditures she is referring to, and also he was under the 3-pressirn that City taxes had gone down to tilt- last vear or two. Miss Norfan explained that dollar -wise the taxes have net gone down. She said the rates have gone dowrn, but the assessments have gone up. Miss \orian said that the people are aghast at the spending by ordinance to the full limit of the 2�'.. She said it is or, the record, that the reason they proposed that building at the park recently teas in anticipation of this amendment. Miss Norian stated that the% know what the people's reaction will he and therefore decided to put t'.at 'wilding up now and spend the S:20,t)00 for it. Mr. Avidon asked if anyone knew what the total hudgvt was when the Charter was amended in 1976, Mr. Munitl replies'. that it was 4.6 Million. Mr. Avidon said tilt' hrsdp.et will prow as the ,•itv keeps growing. He feels this amendment will put a limit to the spending without the consent of the people, which the hublir had voiced they wanted at tilt, meetings held by the Charter Heard. Mr. Stein said to Mr. Henning that the Charter Board will be approving all of the Charter acendments together with the Council, except this one. He said that tilt, Hoard withdrew one a moment ago. Svd Stein stated that he has never seen %o much input by the public as to this particular amendment. He said that both sides will have the opportunity to voice their feelings to the public, including the Citv Manager and Steve good, as to the problems that could happen, and the other side can discuss the financial responsibility. He said that then the voters can make their tie(, ision. Mr. Stein ~toted thou are saying the Charter Board is: proposing the 1Y- No said the Hoard is proposing nothing, and it is the people of Tamarac who have requested tilts he put on the ballot. Mrs. keynoldss asked Mr. Godin for his opinion. Jim Godin said that the people should get what they are asking for, and that is a control over the money in City Hall, Mr. Munitz, resident of Tamarac, again asked whether or not a referendum is necessary to expend moneys that have been earmarked as long as it is being spent for the earmarked purpose. Mr. Henning replied that he has not yet issued an opinion on that, but there is a good chance it will be necessary. Mr. Munitz then asked what the relationship is between that and this amendment. He said that if funds are there and are earmarked. then no referendum is necessary. If that is their opinion, he said. then this particular amendment will have no affect on the spending of that money. Mrs. Reynolds stated that they went back to the history of the fire station on that. Mr. Henning replied that he understands the fire station was grant money. He said the question comes up is this lax or 2'% a benchmark. Is it just a measure? Mr. Henning said the people are saying that if the Council is going to spend 'Y' amount of dollars for this large project, the public should have referendum. On the other hand, he said, does it mean these many dollars are coming out of the tax dollars, and the people want a voice in it. Mr. Henning stated that if they took the benchmark Charter Board Meeting December 27, 1983 Page 10 theory, then any project of that size should be put to the people's vote. He said if they just took the pocketbook theory. where before they lose those dollars out of their own pocketbook, then that is the general fund � idea. 1 � Mr. Stein stated that if the Beard passes this amendment by not accepting the pe—neral funl prnpns t on of the Council_ it wil he noted thAt rhov MLW 60,waug ,.ovuc a-kL it runas, earmarked or otherwise. He said they accept this amendment as submitted by the Charter 16M. or as amen e y t e Council. Mrs. Reynolds commented that since they have some time, It would be wise to ask the Attornev General for an opinion. Mr. Stein replied that he doesn't think it has anything to do with getting an opinion from the Attorney General at this time. Mrs. Reynolds stated that when they get funds that are earmarked. such as the one for the fire station, they did not linve a referendum. She wanted to know if they now can spend only grant money for a specific project, is it neceresary to have a referendum. Mr. Stein replied that he agreed with Mrs. Reynolds. however, at this moment this amendment will reduce the 24, to 112;. He said then could ask for the Attornev General and the City Attorney's opinions. but that would have to be done afterwards, because they can't change anything now. Alice tiorian said that the amendment now reads, "no capital facility or improvements or contract for acquisitions or construction of such facility or improvements involving a cost in excess of 1Y.' of the then current budget," She said it very clearly states involving a cost; anything. Miss tiorian stated that the 1�" is a measure. Mr. Stein commented that he finds the amendment very clear. He said it states anv project; no capital facility or improvements. Again, Syd Stein said the Board can only accept the Council's amendment or the proposed Charter amendment as originally submitted. He said there has been a Motion and it was Seconded and discussion w;js had on this amendment, and he asked for a roll call on the vote. i VOTE ALL VOTED Ay Mr. Stein said that they have one mote amendment, which is the Twelvth amendment. He said that this amendment was agreed upon in principal to defeat. This refers to Section 8.02(c), where it currently states "the board may participate with the manapor and assigned officials in preparation and review of the budget." The board wanted it to read "shall" instead of "may", however the Council decided that it should stay as "may" Mr. Stein explained that Subsections "do' and "e" were put through on the Third proposed amendment and were passed by the Council. which changes the word "mav" to "shall". What Mr. Henning did was t" divide the amendment. He listed Section 8.02 (d) and (e) in the Third proposed amendment, which the Council passed, and Section 8.02(c) Is now the Twelvth amendment. which was defeated by the Council, and Is now given back to the Charter Board for their decisions. LJ 1 1