HomeMy WebLinkAbout1985-08-16 - City Commission Special Meeting MinutesMAIL REPLY TO
P.D. Box 25010
TAMARAC, FLORIDA 33320
5811 NORTHWEST 88TH AVENUE 6 TAMARAC, FLORIDA 33321
TELEPHONE (305) 722.5900
August 12, 1985
NOTICE OF
SPECIAL CITY COUNCIL MEETING
There will be a Special City Council Meeting on Friday,
August 16, 1985 at 9:00 A.M. in the Council Chambers of City
Hall, 5811 NW 88 Avenue, Tamarac, Florida.
The items to be discussed are as follows:
1. ��marac�ark _Sg11��-P $�ina - Discussion and
possible action on:
a) Status report
b) Revised interior and exterior plans
2. - Discussion and possible action
on:
a) Status report from Councilman Gottesman on
changes of plans.
b) Hiring of Construction Manager as an Assistant
to the City Manager.
3. 3��.9�1E113�-3+�rD4gy��. -� Temp. 4.s_d.,_1.12_U -
Discussion and possible action to amend Code
Section 16-3 regulating use of lightning warning
systems on golf courses. First Reading.
4. City Attorney - Discussion and possible action
regarding authorization for the City Attorney to
attend a one day seminar on the Fair Labor
Standards Act.
5. . T ilit e-a-West, - Tract 27. - Wat-er. Storage
Tank mn Statign - �ro�ec 84_-19- - Discussion
and possible action on:
a) Engineering Plans
b) Architectural Design for pumphouse
c) Landscape Plan
6..1es ofof Tamer - Discussion and possible action
on assignment of a portion of the Water and Sewer
Developers Agreement.
7. � r. _ ,r..DdMpj= - Discussion and possible action
on a request from the Charter Board to be
designated the responsibility of transmitting
Charter Amendments to the Secretary of State.
The City Council may consider and act upon such other bus-
iness as may come before it.
The public is invited to attend.
Carol E. Barbuto
Assistant City Clerk
Pursuant to Section 286.0105, Florida Statutes
If a person decides to appeal any docision made by the city
Council with respect to any matter ccnsidered et such meeting or
hearing, he w�li need a record of the and for tsudi
purpose, he may hied to ensure thl J iJ 1';: i',iil l recoi (i
tilE tP"tiilo-1 a:'� "re:AlX' up (i «iCcpp4?_i is to 1.* Ca.^d.
CITY OF TAMARAC
CITY COUNCIL
SPECIAL COUNCIL MEETING
FRIDAY, AUGUST 16, 1985
Tape 1 CALL TO ORDER: Mayor Philip B. Kravitz called the meeting
to order on Friday, August 16, 1985 at 9 A.M. in Council
Chambers.
PRESENT: Mayor Philip B. Kravitz
Councilman Arthur H. Gottesman
Councilman Raymond J. Munitz
ABSENT & EXCUSED: Vice Mayor Helen Massaro
Councilman Sydney M. Stein
ALSO PRESENT: Jon Henning, City Attorney
Larry Perretti, Acting City Manager
Carol E. Barbuto, Assistant City Clerk
Diane Williams, Secretary
MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Kravitz called
for a Moment of Silent Meditation and announced with deep
sorrow the passing of Saul Mesinger.
Mayor Kravitz said this meeting was called at the request of
the Acting City Manager and City Attorney.
1. Ta arac Park_Satellite Building
possible action on:
a) Status report
b) Revised interior and exterior
SYNOPEIE OF ACTION:
a) APPROVED authorization to accept
Arrowhead's bid for $3,865 to com-
plete the sewer connections work,
and TABLED any action regarding the
City's contract with Mr. George Feld
to the Council meeting on 9/11/85.
b) TABLED to the Council meeting on
9/11/85.
- Discussion and
plans
a)
Bob Jahn, Chief Building Official, said the reason he wanted
to bring this item before Council is that in the minutes of
7/29/85 he was instructed not to take any action nor spend
any money during the month of August. Mr. Jahn said after
the trusses were placed, Acting City Manager, Larry Perretti,
City Attorney, Jon Henning, and he met with George Feld,
Contractor. He said Mr. Feld informed them that he
could not continue unless he received additional money as
he did not have the money to put subcontractors on the job
to continue the building.
Mr. Jahn referenced a letter from the Acting City Manager
and endorsed the action outlined. He said the City Attorney
should determine if Council needs to take any action.
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The Chief Building Official said the sewer situation is
critical. He explained that the system got blocked up
on a Sunday and the Utility Department had to surpass
itself to get it unclogged. He said one of the mains
on that sewer line is the medical center to the south and
he stated that if this had happened during the week when
everybody was occupying their offices, it would have been a
catastrophe.
Mr. Jahn said he had received two bids: one for $111210,
which he felt was outrageous but reasoned that the contractor
be taking on another man's work and would not know what he is
getting into. He said the other bid for $3,865 was submitted
by the original subcontractor.
The Chief Building Official said there is an unencumbered
balance of $3,847 in his Construction Budget, which would be
a difference of less than $100, to get the sewer completed.
He asked for Council action to continue the work on the sewer
which he classified as an emergency.
Mayor Kravitz asked if his requests were to be held up for
two weeks until the next regular meeting, would there be any
damage to the existing building the way it stands now and
Mr. Jahn answered that the building is safe.
Mr. Henning asked if he was talking about the sewer and
Mayor Kravitz replied both. Mr. Jahn said he would not want
to make such a statement about the sewer because it is very
possible that something could happen again.
Mr. Henning inquired if that is the sewer that connects the
hospital area to the main line and Mr. Jahn said it was and
that the existing sewer is the one that runs under the
building and that they were building the new sewer to
redirect its route. He explained that by it being underneath
the building now it becomes very difficult to unclog because
it has to be routed in from a distance. Mr. Jahn said if it
became clogged during the week when the medical center is in
use, it could be dangerous.
Mr. Jahn said the first request on Mr. Perretti's letter can
wait for the next regular meeting for action; however, the
sewer does need Council's immediate consideration.
The Chief Building Official also requested Council's con-
sideration concerning Mr. Feld's depositing a joint check to
his account. He explained that Mr. Henning, the Finance
Department and he contacted the City's bank and informed them
that the check contained an illegal endorsement. Mr. Jahn
said the City's bank forced Mr. Feld's bank, Capital Bank, to
make the check good. He said the City has received a
cashier's check for $6400.
Mr. Henning clarified that it was not a forgery but was an
incomplete endorsement. He explained that it was a two-
party check and the bank accepted and cashed the check with
only a one -party endorsement. Mr. Henning said they made
their claim against NCNB, which is the City's bank, that
they should release the funds and they were very cooperative
in collecting the funds from Capital Bank.
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Mr. Jahn recommended that he be authorized to issue a new
check to the truss company for $6400 because he does not
want any liens on the building and that he had indicated to
them that he would do his best to get the money. He said the
issuance of the check has nothing to do with continuing the
building.
Mr. Jahn replied that the issuance of the check had nothing
to do with continuing the building.
Mr. Perretti said there were two areas which needed to
proceed as quickly as possible; first, the sewers. He said he
would request authorization to complete that portion and wait
until September for discussion on construction. He said the
second concern is for the safety of the children. He said he
receives calls almost daily regarding the children pushing
down the fence and the City having to go over and repair it.
He said the area that concerns him most is the open pit with
the sewers.
C/M Munitz asked if they were talking about an $18 difference
between the amount of money available and the amount needed
for the sewers and Mr. Jahn said that was correct.
C/M Munitz asked if all he needed was the authorization from
Council to spend $18.00 and Mr. Henning injected that it
would come out of the fourth drawer.
Mr. Jahn said the only action needed is to countermand the
minutes which stated that he was not to spend any money
during the month of August.
C/M Munitz said since this matter is obviously very serious
and it could be catastrophic. He said he felt that Council
should act on it and asked Jon Henning what type of Motion
was needed.
Mayor Kravitz suggested they go ahead with the sewer and
TABLE the remainder to the first regular meeting in
September.
Mr. Henning said it would be a Motion accepting the bid from
Arrowhead. He questioned whether 30 tons of rock would be
adequate and Mr. Jahn answered that it is more apt to be too
much and if they do not use it, the cost will be less.
C/M Munitz so MOVED, SECONDED by C/M Gottesman.
VOTE' ALL VOTED AYE
b) Mayor Kravitz asked Mr. Jahn if he recommended that b) be
TABLED.
Mr. Jahn said
there was
no real
emergency as long as Council
is aware that
it is just
going to
sit there and no pre-
planning will
take place
without
Council's permission.
Mayor Kravitz
asked that it
expressed personal
be TABLED.
reservations and concern and
C/M Gottesman
MOVED that
item b)
be TABLED. SECONDED by
C/M Munitz.
VOTE; ALL VOTED AYE
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5. Utilities West - Tract 27 - Water Stora a Tank and
Pump Station -- Project 84-�19. - Discussion and
possible action:
a) Engineering Plans
b) Architectural Design for pumphouse
c) Landscape Plan
SYNOPSIS OF ACTION: TABLED
a), b) and c) to the Council
meeting on 9/11/85.
Bob Foy, Deputy City Engineer, reported that at the last
Council meeting, action was taken to allow them to go out
for bids on Tract 27's water storage tank and pump station
but that it was unclear whether authorization was given
to expend additional money to Williams, Hatfield & Stoner.
Mr. Foy said they have since met with the Beautification
Committee and, in order to satisfy their requirements, they
requested authorization to spend $1000 for the City Planner
to formulate a beautification plan and an additional $1000
for him to submit a rendering of how the pump house
should look. He said the City Planner's recommendations
will be incorporated into the design of the pump house by
Williams, Hatfield & Stoner to make it more aesthetically
pleasing.
Mayor Kravitz said he felt very uncomfortable taking any
action because they do not have a full Council and he did not
view Mr. Foy's requests as an emergency. He said he would
prefer TABLING this item to the next regular Council
meeting.
Mr. Henning said this item was on the agenda and tabled for
certain things to be done and one of them, he assumed, was
to meet with the Beautification Committee which they have
done. However, he said he does not recall if the engineering
plans were on the earlier agenda.
Mr. Foy said they were and Mr. Henning asked Mr. Foy to
briefly recap what has happened since the July 29, 1985
meeting that might help Council determine if they want to
move forward. He explained that the plans in the a) item are
required before they can go to bid.
Mr. Foy explained that Council authorized them to go to bid
at the July 29 meeting for two separate sized tanks and that
upon review of those minutes, he learned that Council did
not authorize additional expenditures to their Consulting
Engineers, Williams, Hatfield & Stoner.
Mayor Kravitz said that was correct because it was to come
back to Council.
Mr. Foy said he understood that was for the landscaping and
that they are not proposing to spend any money on landscaping
Mayor Kravitz said if they are going with the design of the
plans and they need the City Planner to spend $1000 or $2000,
they are spending money to start it. He felt that it needs
a lot more study than what they have and felt uncomfortable
acting on it at this meeting.
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Mr. Foy said it was certainly not an emergency but that they
have been waiting for so long to get the storage tanks and
did not want to see any delays.
Florence Bocheneck, Chairperson of the Beautification Com-
mittee, asked Mr. Foy if Mr. Greenwood was not anxious to go
ahead with the project before September. She said that was
the reason for the workshop and an additional meeting to
facilitate things. Ms. Bochenek said she does not believe
that what Mr. Foy has proposed is extensive and, perhaps,
Council should reconsider.
Mayor Kravitz added that they would only have to wait two
weeks as the missing Council members may have other thoughts
that would change the thinking or planning.
Ms. Bochenek said the only thing done was to take what was
an ugly building and make it attractive and that this change
would necessitate additional fees.
Mr. Foy said the only additional fees requested are $2000 for
Mr. Rubin.
Mr. Henning injected that for the sake of clarity they should
abandon parts b) and c) for the moment and discuss the
importance of a).
Mayor Kravitz said if it were to be tabled, they would table
the entire item and if it were not tabled, each item will be
taken separately.
C/M Munitz asked Bob Foy's preference and Mr. Foy said he
would certainly prefer to be allowed to increase Williams,
Hatfield & Stoner's engineering budget to proceed with the
items that have nothing to do with the landscaping. He said
he interpreted the only controversial item as the
landscaping. Mr. Foy said they have been authorized to
go to bid for two separate -sized tanks which would require
expenditures to Williams, Hatfield & Stoner. He explained
that the original request was for $12,000 and they have
learned that the architectural changes of the pump house
can be done by Williams, Hatfield & Stoner for the same
amount.
Mr. Foy said he would not suggest authorizing spending any
money on the architectural part but only to update the plans
concerning electrical and change the size of the tank so that
when they do arrive at a decision concerning the
architectural features, they would be ready to proceed from
an engineering point of view. He said they would separate the
landscaping portion from the basic tanks and have a base bid
for a one -sized tank and then an option for a berm and an
option to add on additional landscaping.
C/M Gottesman said Bill Greenwood had pictures at the
Beautification Committee Workshop and he was under the
impression that Mr. Greenwood would be present today to
discuss the values of each proposal so they can intelli-
gently select one and proceed.
Mr. Henning explained that to proceed is to pick the bid and
they do not know what the costs are.
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Florence Bochenek explained that the original plan was for a
tank but they later learned that there must be a pump house.
She said the original plans for the pump house were that it
would be located elsewhere but after viewing many photographs
and slides, they found that the pump house could be incorp-
orated to look like an entrance to a building.
Mrs. Bochenek said the important thing is a concept of the
pump house being part of the tank.
Mayor Kravitz said he was not concerned with the beautifi-
cation at this point but with the revised tank profile. He
said there are two different plans by Williams, Hatfield &
Stoner and that he was not sure that he was ready to make a
determination as to which is the better plan; therefore, he
asked that it be tabled subject to review of the entire
Council before authorization is given to spend $2000.
C/M Gottesman said in view of the fact that he has not
seen the correspondence from Williams, Hatfield & Stoner
he would retract his earlier comments and MOVED to TABLE
until the 9/11/85 Council meeting. SECONDED by
C/M Munitz.
VOTE: ALL VOTED AYE
2. Munici al Com lex - Discussion and possible action
on:
a) Status report from Councilman Gottesman on changes
of plans.
b) Hiring of Construction Manager as an Assistant to
the City Manager.
SYNOPSIS OF ACTION:
TABLED a) and b) to the Council
meeting on 9/11/85.
a) C/M Gottesman reported that they had an informal meeting
with Miller & Meier as to where they are going with the
Municipal Complex. He said it seemed to have hit a snag
and that they should move forward. He said Miller &
Meier indicated they would like to move ahead with the
Complex and maintained that they received approval all
along. C/M Gottesman confessed that the documents re-
flected approval but they were nothing as envisioned.
C/M Gottesman said the size of City Hall grew from 37,000
square feet to 46,000 square feet and the cost is phenomenal
running approximately $110 per square feet. He informed that
they could save in the neighborhood of $1.5 million by
reducing the square footage. C/M Gottesman said they
concluded the meeting by requesting that Miller and Meier do
the engineering for free because they deviated so far from
the schematics even though it was approved. He said he gave
them four choices:
1. Supply Council with a new design at no cost, to which
they did not agree.
2. Requested a revised cost less the G & A and their
profits so they can proceed without incurring any
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further additional costs, which they agreed to do.
3. Stop construction of the complex because the City
is broke since they lost $7.5 million and the con-
tingency funds are gone.
4. Solicit new bids.
C/M Gottesman said Miller & Meier submitted a revised quote
which he felt should not be revealed at this moment as there
are other interested parties.
C/M Gottesman said he has received three bids at 1/3 less
than Miller & Meier's revised quote since the public became
aware of their dissatisfaction with Miller & Meier. He felt
that when the entire Council is back and has a chance to
study the proposals they should go out for bids and get new
layouts and new drawings. C/M Gottesman suggested that any
further action be TABLED until there is a full Council.
C/M Gottesman said he was referring to a) only.
Mayor Kravitz said no action is needed on the status report.
Mr. Henning said no action is required; however, he suggested
that before they go to bid they negotiate a "walk -away
price" to sever their contractual relationship with Miller &
Meier. He said until they do that they will not know how to
analyze bids they may receive.
C/M Munitz said following the consistency of the Mayor's
logic, if ever a full Council is needed, this is the item.
He added that any action on their part would be foolhardy and
very damaging. C/M Munitz also felt that it was very wrong
for C/M Gottesman to assume that the $7.5 million regarding
ESM is completely lost.
C/M Gottesman said he did not mean a complete loss but that
it was not available to the City at this time.
C/M Munitz SECONDED the MOTION to TABLE.
VOTE:
ALL VOTED AYE
b) Mr. Perretti said in view of the fact that item a) was
tabled, he felt that this item should also be tabled.
C/M Munitz so MOVED. SECONDED by C/M Gottesman.
VOTE: ALL VOTED AYE
4. City Attorne - Discussion and possible action
regarding authorization for the City Attorney to
attend a one day seminar on the Fair Labor Standards
Act.
SYNOPSIS OF ACTION:
APPROVED at a total cost
not to exceed $250.
Mr. Henning reported that this is a one -day seminar at
the airport in Tampa and that he will fly there, attend
the seminar and return the same night. He said he felt it
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would be a disservice to the city if he did not attend and
return with information to share with department heads as
well as Council. He informed that the air fare has increased
by $10 - $20 but everything else was status quo.
Mayor Kravitz asked if it was fair to assume that the trip
will not exceed $250 and Mr. Henning agreed.
Mayor Kravitz said the Motion should reflect that the trip
will not exceed $250.
C/M Gottesman suggested that Larry Perretti also attend the
one -day seminar and that he and Mr. Henning drive up in one
car.
Mayor Kravitz asked Mr. Perretti if he would like to attend
and Mr. Perretti said he appreciated C/M Gottesman's
suggestion but felt that they needed more expertise from a
legal standpoint.
Mayor Kravitz acknowledged that they would receive a report
from Jon Henning.
C/M Gottesman MOVED to allow the City Attorney to attend
the Fair Labor Standards Act Seminar in Tampa, August 23
at a total cost not to exceed $250. C/M Munitz SECONDED.
VOTE: ALL VOTED AYE
3. Lightning Warninq Systems - Temp. Ord. #1211 -
Discussion and possible action to amend Code
Section 16-3 regulating use of lightning warning
systems on golf courses. First Reading.
SYNOPSIS OF ACTION: APPROVED
Tem . Ord. #1211 First Reading.
Mr. Henning read Temp. Ord. #1211 by title.
Mayor Kravitz said he received requests from Woodlands and
Woodmont Golf Courses for permission to sound an alarm
during hazardous weather conditions to get the golfers
off the course.
C/M Munitz MOVED the adoption of Temp. Ord. #1211 on
First Reading. SECONDED by C/M Gottesman.
Carl Alper, resident, questioned why the City should expend
money for the private use of two privately -owned golf
courses.
Mr. Henning said the golf clubs, not the City, would incur
the expenses of installing the alarms. He noted the
occurrence of quite a number of thunderstorms and the fact
that this is the hurricance season. Mr. Henning said they
requested an exception to the noise Ordinance, Chapter 16
as opposed to the burglar alarms, Chapter 14. He explained
that they are manual alarms and the Manager of the golf
course will sound them only if a weather warning is issued.
Mr. Henning noted restrictions were that the alarm could
only sound for 15 seconds and that 15 minutes must pass
before the sounding of the next alarm. He said permits
will be required to show that they have been inspected and
properly installed.
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Mayor Kravitz injected that the U.S. Golf Association also
recommended it and it will be at no cost to the city.
VOTE: ALL -VOTED AYE
C/M Gottesman left dais. Meeting recessed at 10:05 a.m.
Reconvened at 10:08.
6. Isles of Tamarac - Discussion and possible action
on assignment of a portion of the Water and Sewer
Developers Agreement.
SYNOPSIS OF ACTION:
TABLED until all requirements are met.
Mr. Henning said the original developers wanted to purchase
18 lots which are located at the Isles of Tamarac.
Mr. Henning said the formality with the Water and Sewer
Agreement is that in order to do it requires Council action
to transfer the Water and Sewer Agreement. Mr. Henning said
he prepared a modern version of the Water and Sewer Agree-
ment for them to use similiar to what they did with the
Arbors at the Isles of Tamarac when they purchased 30 lots.
He said the guaranteed revenues were extensively in arrears
by 18 months. Mr. Henning said he discussed with them that
before anything can happen they would certainly have to bring
it up to date.
Mr. Glussman reported that they just took title to the 18
lots in question two weeks ago. He said at that time they
spoke with the City Attorney to find out what had to be done
in order to get an assignment or something with the utilities
agreement. Mr. Glussman said Mr. Henning informed them that
there were guaranteed revenues 18 months' in arrears from
the previous owners and asked them if they could bring that
current and they said they would. He said it was their
intention that this new agreement be made subject to their
doing that.
Mayor Kravitz suggested that this item be Tabled and that
Mr. Glussman discuss the particulars with the City Attorney
and become current so that they can address it after the
necessary requirements have been met.
Mr. Glussman said basically he would be bringing something
current without any type of agreement for water and sewer
services.
C/M Munitz informed that the money could be held in escrow
subject to approval but in either case, Council needs the
money first. He said he could not see acting on anything
unless all fees are completely paid because that has been
the procedure and they should be consistent. C/M Munitz
MOVED that the item be TABLED. SECONDED by C/M Gottesman,
VOTE:
ALL VOTED AYE
Mr. Glussman said they would have to have some type of
agreement if they do bring in a check.
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Mr. Glussman said that they were not the ones in arrears but
they are willing to bring it current.
7. Charter Amendments - Discussion and possible action
on a request from the Charter Board to be designated
the responsibility of transmitting Charter Amendments
to the Secretary of State.
SYNOPSIS OF ACTION: TABLED
to the Council meeting on
9/11/85.
Melanie Reynolds, representative of the Charter Board, re-
quested that the Charter Board be allowed to handle all
Charter amendments. She said since the law states that the
City Council takes care of this, the Charter Board asked
the City Council to transfer that portion of their duties
to the Charter Board.
Mr. Henning said there is a St
that upon amendment to the Cha
the amendments to the Secretar
be accepted as effective until
has received them. Mr. Hennin
with the City Clerk and learne
are placed on the ballot by Or
the Charter Board, voted on an
certified by City Council. He
Ordinance or Resolution states
amendment is submitted to the
away.
ate Statute that stipulates
rter that the city shall submit
y of State and they shall not
the Secretary of State
g said he has discussed this
d that the Charter questions
dinance or by Resolution of
d the election results are
said she told him that the
the question and the
Secretary of State right
Mr. Henning was informed by the City Clerk that they were
sent by first-class mail and that she receives con-firmations
from the Secretary of State in response to that
submittal. He said it also goes to the codifier which is
a private publisher also located in Tallahassee and when
the supplement comes out which has the language in the
Charter, the new pages, those are also sent to Tallahassee
to the Secretary of State. Mr. Henning said he has not
examined the file but was told that the Transmittal Letters
and Confirmation of Receipt were in the file and were sent
to Tallahassee but, apparently, copies were not sent to the
Charter Board and that is why they were questioning the
verification that this had taken place.
Mr. Henning said what the Charter Board has requested is
legal and if Council wants to prepare,a Resolution to
authorize or direct the Charter Board to submit the amend-
ments to the Secretary of State instead of the City Clerk,
it can be done. He said there is some accountability at
issue, too because Council can tell the Charter Board to
do something and it is all good and well if they do it.
Mr. Henning asked what happens if,they do not do it. He said
if the Clerk refused to send them, the City Manager can be
directed to instruct her to do it or Council can direct the
City Manager to do it himself but he wondered what would
happen if Council directs the Charter Board to do something
and because of separation of powers, they decided they did
not want to do it.
Melanie Reynolds said the Charter Board is a responsible
board.
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Mayor Kravitz said they received a letter dated August 14
from Acting City Manager Perretti asking that this item
be Tabled to the Council meeting on 9/11/85 and C/M Munitz so
MOVED, SECONDED by C/M Gottesman.
VOTE: ALL VOTED AYE
Mayor Kravitz adjourned the meeting at 10:20 A.M.
1, 0"o
MAYOR
ATTEST: Y
ASSISTANT CITY CLERK
This public document was promulgated at a cost of $92.85
or $8.50 per copy to inform the general public and public
officers and employees about recent opinions and considerations by the
City Council of the City of Tamarac.
CITY 4F TAMAR C
APPROVED AT MEETING OF
City Clerk
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