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TAMARAC FLOW-4 3332(
October 30, 1989
RECORD OF COUNCIL ACTIONS/DISCUSSIONS
SPECIAL MEETING
CITY COUNCIL OF TAMARAC, FLORIDA
There will be a Special Meeting of the City Council on
Tuesday, October 31, 1989, at 10:00 A.M. in Conference Room
#1 of City Hall, 7525 NW 88 Avenue, Tamarac, Florida.
The purpose of this meeting concerns the following:
1. Review of the City Charter with Carla Coleman.
FINAL ACTION:
Review of the Charter was made with Carla Coleman.
2. Discussion on the Florida Power & Light Transmission
Line Hearing.
FINAL ACTION:
Discussion was held,
3. MOTION TO APPROVE purchase of the following to provide
essential mowing service for Code Enforcement:
a) A 42-horsepower farm type tractor with accessories
at an approximate cost of $20,000.00.
b) A 6-foot wide rotary cutting rear deck at an approxi-
mate cost of $3 , 000.00.
FINAL ACTION:
Agendized by Consent. Direction was given to the City
Manager to locate the necessary funds in the amount of
$24,000.00 through State contract or public bidding for
this equipment.
4. Discussion regarding the Recycling Program.
FINAL ACTION:
Agendized by consent and discussion was held.
5. MOTION TO APPROVE Tem . Reso. #5590 awarding Bid #89-47
to Humana Health Care for health insurance for the City
employees.
FINAL ACTION: RESOLUTION NO. R-89-279 PASSED.
Agendized by Consent and APPROVED.
The City Council may consider and act upon such other busi-
ness as may come before it.
All meetings are open to the public.
Carol A. Evans
City Clerk
CAE/pm 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 meetnig or
hearing, he will need a record of the proceedings and for su:h
purpose, he may need to ensure that a verbatim record includes
t'he testimony and evidence upon which the appeal is to be based
CITY OF TAMARAC
CITY COUNCIL SPECIAL MEETING
TUESDAY, OCTOBER 31, 1989
CALL TO ORDER: Mayor Abramowitz called this meeting to Order on
Tuesday, October 31, 1989 at 10:00 A.M. in Conference Room #1 (City
Clerk's Office).
PRESENT:
ALSO PRESENT:
Mayor Norman Abramowitz
Vice Mayor Dr. H. Larry Bender
Councilman Bruce Hoffman
Councilman Henry Rohr
Councilman Jack Stelzer
John P. Kelly, City Manager
Richard Doody, City Attorney
Dina McDermott, Assistant to the City
Manager
Pauline Walaszek, Special Services
Secretary
1. DISCUSSION AND POSSIBLE ACTION concerning the review of
the City Charter with Carla Coleman.
SYNOPSIS OF ACTION:
DISCUSSION was held.
Mayor Abramowitz said the intention was for Carla Coleman
to meet with the Charter Board before the City Council;
however, the Charter Board postponed this meeting until
next week. He said to expedite this matter the City
Council was meeting with Ms. Coleman.
Mayor Abramowitz said he understood that the City Council
would submit comments regarding the Charter as well as
discuss a contract with Ms. Coleman.",
City Manager Kelly introduced Ms. Coleman to the City
Council. He said Ms. Coleman has been looking forward to
working with the City on the City Charter. He said this
review has been intended for several months and, on
October 10, 1989, the contract with Ms. Coleman was
approved. He said staff met with Ms. Coleman regarding
the schedule in completing the project.
City Manager Kelly said Ms. Coleman recommended that she
would like to meet with the Charter Board; however, all
of the members of the Charter Board were not available
for a meeting and the Chairman of the Charter Board
wanted all of the members present during discussions.
City Manager Kelly said he suggested that Ms. Coleman
meet with the City Council to avoid delay in having the
City Charter reviewed. He said the timeframe for
compliance, Ms. Coleman's intentions and schedule should
be discussed at this meeting.
Mayor Abramowitz asked Ms. Coleman to inform the City
Council of her qualifications in performing Charter
reviews.
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Mrs. Coleman said she held a Masters Degree in Public
Administration and she worked on State and Local
Governmental issues in Florida for approximately 14
years. She said she was a former Senior Research
Associate at the FAU/FIU Joint Center for environmental
and urban problems and for the last 5 years she served as
a consultant on several Charters in South Florida, which
included the City of Sunrise and Broward and Palm Beach
Counties. She said she assisted several other
communities in reviewing their Charters and she was
currently the Director of Governmental Relations for
Florida Atlantic University; however, she was a Research
Professor from time to time on projects.
Mayor Abramowitz said this meeting was for City Council's
discussion and concerns only. He asked the Council
members to comment on their concerns.
C/M Hoffman said he reviewed the contract with Ms.
Coleman and he would vote to ratify the contract. He
said the Charter of Tamarac was approximately 20 years
old and has been amended several times. He said everyone
seemed to have vested interests in segments of the
Charter and he did not want to specifically direct Ms.
Coleman in reviewing the Charter. He said he would
prefer Ms. Coleman, as a professional, inform the City
Council and Charter Board what changes were needed in the
Charter.
C/M Hoffman said he would like the Charter updated for
the 21st Century because he felt the Charter, like the
Constitution of the United States, should be a very
simple instrument. He said the Charter should not detail
everything in the City's government. He said the Charter
should set the limits of governmental agencies like the
United States Constitution. He said the United States
Constitution was amended approximately 28 times in 200
years and there were times when Tamarac's Charter was
amended 28 times in one election. He said there was
something wrong with this occurring and he was very
interested in hearing Ms. Coleman's recommendations in
having a modern Charter.
C/M Hoffman said the recommendations,mAy not cover
everything that people wanted amended; however, the
Charter should serve the City for future years.
V/M Bender said the City needed a basic Charter that
would provide a foundation for the City Council to
operate administratively and legislatively. He said the
City needed something simple and applicable for use to
perform duties.
C/M Stelzer said he understood that this meeting would
allow the City Council to inform Ms. Coleman of what they
felt the City Charter should do. He said there was a
Charter Review Committee appointed several years ago to
review the Charter and make recommendations. He said
recommendations were made and he submitted these
recommendations to Ms. Coleman for review.
C/M Stelzer said the recommendations seemed to be
appropriate; however, Ms. Coleman may suggest better
amendments.
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C/M Rohr asked Ms. Coleman how she would use Charters
from other Cities and States during the review of
Tamarac's Charter.
Ms. Coleman said her approach began with meeting the
City's Charter Board, City Council, City Manager, City
Attorney and other members of staff, such as the Finance
Director. She said these meetings would be to review the
existing Charter and how it was implemented. She said
she did not see a crisis in government in Tamarac.
Ms. Coleman said since there was no crisis in government,
she would review the Charter and provide a document that
allowed the City to go forward into the future. She said
every Charter had provisions that were superseded by
State law and other mandates and the provisions may
create a different type of Charter. She said she did not
know what her recommendations would be until she met with
the City Council and Charter Board. She said there were
rules of thumb and good government ideas that every
Charter should include.
Ms. Coleman said it was important not to confuse the
Charter with an ordinance. She said the Charter should
be a rigid document that was not amended on a whim and
ordinances should be much easier to amend than the
Charter.
C/M Rohr asked Ms. Coleman if she would submit reasoning
for her recommendations and Ms. Coleman said if she made
recommendations, she would be
providing options. She
said
she intended to provide
a written document to the
City
after her review.
Mayor
Abramowitz said when he
was approached last year
about
reviewing the Charter,
he felt that the review
could
only be done by a very
qualified professional. He
said
when he met Ms. Coleman
in Tallahassee, he checked
Ms. Coleman's
background and
reputation.
Mayor Abramowitz said one of the major problems in the
City was that many things were done for political
expediency. He said there were several things in the
Charter that prevented the City from providing financial
support to the City. He said there were several Charter
provisions that was detrimental to the City operations;
however, Ms. Coleman's recommendations would be heard,
reviewed and discussed when she submitted them.
Mayor Abramowitz said he felt that the City Council and
Charter Board would be working hard once the
recommendations were submitted by Ms. Coleman. He said he
had several items that he felt should be amended in the
Charter and he was sure the City Council and Charter
Board had items as well. He said he did not want the
City Council accused of writing the Charter; therefore,
he would wait until Ms. Coleman submitted her
recommendations.
Mayor Abramowitz said he was pleased that the City would
be receiving the professionalism of Ms. Coleman and he
asked that she not allow political expediency in the
Charter.
Ms. Coleman said this would make her job easier.
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C/M Stelzer asked if Ms. Coleman was aware of the
Attorney General's Opinion regarding the Referendum Power
of the Charter Board and City Attorney Doody said he
would provide a copy of this Opinion to Ms. Coleman.
Mayor Abramowitz said the contract was recently approved
by the City Council; therefore, this meeting was to allow
Ms. Coleman to proceed with the Charter review.
City Manager Kelly said it was Ms. Coleman's initial
intent to meet with the Charter Board. He said when Ms.
Coleman met with the Charter Board, she would be
submitting information regarding her progress on the
review.
Mayor Abramowitz said it was very important for Ms.
Coleman to meet with the Charter Board; however, Ms.
Coleman was the professional and should recommend what
she felt to be appropriate.
Ms. Coleman said she may end up making everyone unhappy;
however, the information she submits would be her
opinion.
The City Council welcomed Ms. Coleman to the City.
2. DISCUSSION on the Florida Power & Light Transmission
Line Hearing.
SYNOPSIS OF ACTION;
DISCUSSION was held.
City Attorney Doody said this meeting would be to provide
information to the City Council. He said yesterday, he
attended a prehearing conference in Juno Beach, Florida,
with the attorneys involved in this matter.
At this time, City Attorney Doody exhibited a conceptual
drawing of the proposed Florida Power & Light
transmission line.
City Attorney Doody said the meeting consisted of the
representing attorneys for Florida Power & Light. He
said the lines running up -and down the State were
proposed corridors for a transmission power line.
City Attorney Doody said corridors were proposed and a
hearing was held in front of a Hearing Officer, which
would take place in Fort Lauderdale. He said the Hearing
Officer took testimony on different corridors,
environmental population impact. He said an Order of
Recommendation concerning the proposed transmission line
would be issued by the :searing Officer based on the
testimony given. He said the recommendation would be
submitted to the Governor and Cabinet and they would make
the final decision.
City Attorney Doody said Florida Power & Light originally
intended that the line run along most of Broward County;
however, yesterday, Florida Power & Light agreed to
support the South Florida Water Management District Line.
He said Florida Power & Light abandoned their primary
corridors, which was good news to Tamarac. He said the
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Department of Environmental Regulations has not abandoned
the primary corridor and has taken the position that they
would support either the primary corridor or the South
Florida Water Management District corridor.
City Attorney Doody said the Hearing Officer would only
take testimony from experts regarding where the proposed
line should be located and it was very conceivable that
the Department of Environmental Regulations would not
present testimony on the primary corridor. He said if
this was done, there would not be record for the Hearing
Officer to certify the primary corridor.
City Attorney Doody said he would inform the City Council
of what the Department of Environmental Regulations'
position would be.
C/M Hoffman asked if Florida Power & Light abandoned the
intent to place a power station in Tamarac and City
Attorney Doody replied, no.
C/M Stelzer asked if the station would be for the line
from the Everglades and City Attorney Doody replied, yes.
C/M Stelzer said this line would be affecting Tamarac
greatly and City Attorney Doody said the line would come
from the south and go to the back of the substation.
V/M Bender asked if the line from the Water Management
District came from State Road 84 and City Attorney Doody
replied, yes, and the line would head north and back
down.
Mayor Abramowitz said he has never been subject to such
intense pressure and politics by the Cities that
abandoned Tamarac than he has been in the past month. He
said Tamarac began this fight and the South Florida Water
Management District received approximately $28,000,000.00
from Florida Power & Light. He said the surrounding
Cities have been requesting that Tamarac approve the
power line. He said Tamarac was the only City that would
be affected by the power line and the affect on the tax
base and surrounding lands in the area was a big concern.
Mayor Abramowitz said Tamarac was fj. hting this matter
because it was the only City that would be affected. He
said he received several letters regarding this matter
and he personally would not give up the fight because it
would be detrimental to the City's tax base.
C/M Rohr said the City of Sunrise would be affected
strongly by the power line and Mayor Abramowitz said the
City of Sunrise did not involve themselves with the issue
until approximately 4 weeks ago when they realized that
they would be included in the final proposed corridor.
He said the City of Sunrise has executed the documents
approving the corridor.
C/M Hoffman said he discussed this matter with the Mayor
of Sunrise who was not aware that Sunrise would be
affected.
City Attorney Doody said the City of Sunrise entered into
a stipulation with Florida Power & Light to support the
South Florida Water Management District corridor. He
said he understood that Sunrise determined that the
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impact of the transmission power line would be negligible
and decided to support the South Florida Water Management
District corridor.
Mayor Abramowitz said the City of Sunrise was not being
faced with a substation on the corner of their most prime
piece of property.
C/M Rohr asked if Florida Power & Light would consider
moving the substation along the western corridor of the
line and City Attorney Doody said Florida Power & Light
has indicated that they needed the substation in Tamarac
to hook up to other booster stations in the west. He
said Florida Power & Light felt that the substation in
Tamarac would be centrally located to serve the northeast
Broward area.
Mayor Abramowitz said during a meeting with the Sawgrass
Expressway representatives, it was discussed that the
price being offered for the Sawgrass Expressway land was
needed. He said he submitted an immediate letter to the
Public Service Commission who replied that they did not
feel it was terrible because it fell within the
perimeters of their purchasing land. He said if Tamarac
did this, they would be running into problems.
Mayor Abramowitz said the City Attorney and City Manager
were aware of the pressures that have been placed on
Tamarac by the politicians of the State and County to
approve the proposed transmission line.
City Attorney Doody said he did not intend his
presentation to become an issue.
V/M Bender said he received a copy of the stipulation
being discussed on Friday. He said the stipulation was
supposed to cover the Florida Power & Light 500KV
Transmission Line Corridor certification application. He
said the stipulation involved approximately 12 Cities and
he read a section of the stipulation as follows:
"All parties shall support the proposed location of the
conservation substation as depicted on the map attached
to Exhibit "C". Furthermore, the parties hereby find
and acknowledge that the proposed location of the
conservation substation is an appropriate location for
such utility purposes. The parties acknowledge that
Florida Power & Light is taking action relying upon
this stipulation."
V/M Bender said this section was indicating that all of
the people that executed the stipulation agreed that the
Proposed substation in Tamarac was appropriate.
City Attorney Doody said the Cities of Coral Springs and
Sunrise have began fighting with Florida Power & Light to
make sure that the line remained west of the Sawgrass
Expressway. He said Tamarac was not included in these
negotiations because Tamarac took themselves out of the
stipulation.
Mayor Abramowitz said this was one thing that Florida
Power & Light was threatening Tamarac with and City
Attorney Doody said this was reality and not a threat.
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Mayor Abramowitz said Florida Power & Light was stating
that if Tamarac did not agree to the proposed corridor
other proposals may occur.
City Attorney Doody said he would like the City Council
to understand that some of the Cities stood by Tamarac in
the past few days when Tamarac did not have
representation at those meetings because they did not
join the stipulation. He said the other Cities fought
Florida Power & Light to a point where they would not
execute the stipulation unless Florida Power & Light
changed their position to move the line east of the
Sawgrass Expressway.
C/M Hoffman said Florida Power & Light did not own land
east of the Sawgrass Expressway.
V/M Bender said where the line was located was not the
point because the line west of the Sawgrass Expressway
was still 600 feet from Land Section 7. He said 1,500
feet from the line was not considered safe and he felt
that there were solid grounds for Tamarac to continue
fighting the proposed line. He said he appreciated the
support the City was receiving and he would like Tamarac
to receive their fair share of damage that may occur to
the City's tax base because of the line.
Mayor Abramowitz said Florida Power & Light bought a
parcel of land which was not enacted because of a fight
between the Sawgrass Expressway Authorities and the State
Department of Transportation. He said the land which was
purchased was located west of the Sawgrass Expressway.
He asked why Florida Power & Light would abandon the land
and go east of the Sawgrass Expressway.
City Attorney Doody said this may occur because the
acreage of the purchased land may not be sufficient to
handle the site.
Mayor Abramowitz said he felt that this was an implied
threat to Tamarac for not approving the proposed
transmission line.
C/M Rohr asked if Tamarac could go 'tb Court to get 'an
injunction against the substation being placed in Tamarac
because the substation could be moved to another
location.
C/M Hoffman said Florida Power & Light wanted to use the
proposed substation as a central distributing point. He
said Florida Power & Light took the position that the
substation could not be placed in any other place and be
effective.
Mayor Abramowitz said when the arguments began, he
informed Florida Power & Light that there was no way they
chose only one location. He asked Florida Power & Light
to inform everyone where their second, third and fourth
location was planned. He said he asked for evidence that
Florida Power & Light may move the substation and Florida
Power & Light refused to provide this information.
Mayor Abramowitz said when he debated the matter with
Senator McPhearson, the Senator informed him that toads
were more important than people. He said the Florida
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TAPE 2
Power & Light proposal was final until Tamarac continued
fighting. He said Tamarac would suffer damage because of
the line and would be entitled to be paid for the damage.
City Attorney Doody said the hearing would begin on
November 13, 1989, and he would like the City Council to
direct him on how the matter should be handled. He said
most of the attorneys would be attending the meetings
every day until December 10, 1989.
Mayor Abramowitz said this matter was too important to
make a decision at this time. He said he would call
another special meeting regarding this matter so that
further consideration could be made.
C/M Rohr said he would know what the City's rights were
in attempting to get an injunction against Florida Power
& Light.
City Attorney Doody said the City would not be successful
in receiving an injunction and C/M Rohr asked how long
this would delay Florida Power & Light. City Attorney
Doody said there would be no delay because the Judge
would not grant an injunction.
City Attorney Doody said there would not be public
testimony and expert testimony would only be allowed. He
said the Hearing Officer was extremely tough and the
testimony permitted would be limited. He said the City's
case would be that the substation site was inconsistent
with its Comprehensive Land Use Plan. He said the City's
only witness would be the Director of Community
Development.
At this time, Kelly Carpenter -Craft, Director of
Community Development, ENTERED the meeting.
C/M Stelzer said the City knew that the feeder line
coming into the City and to the substation would be a
500KV line. He asked how much the feeder lines would be
throughout Tamarac.
V/M Bender said he received documentation on this matter
and the lines would be 69,000 to 230',000 volts. He said
there would be only one 500KV line.
Mayor Abramowitz said Florida Power & Light agreed not to
place the lines along the perimeter of Tamarac.
City Attorney Doody said nothing has been agreed to at
this time. He said the. Department of Environmental
Regulations would propose the primary corridor and the
Department of Environmental Regulations was the most
influential agency involved in this process. He said no
one has agreed that the primary corridor would be
evacuated and the agency would be recommending that the
line run north and south.
Mayor Abramowitz said he understood that the Department
of Environmental Regulations would not be making a choice
and City Attorney Doody said the agency would either pick
one corridor or present testimony on both corridors.
Mayor Abramowitz said he felt that the decisions have
already been made and the politicians already approved
the proposed corridor. He said the secondary corridor
would be presented in the future.
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C/M Rohr said City Attorney Doody previously indicated
that the Department of Environmental Regulations would be
considering both corridors; however, they were leaning
towards one corridor.
City Attorney Doody said as of today, the Department of
Environmental Regulations recommended both corridors;
however, unofficially, he anticipate that their position
would be evacuated at the end of the week and they would
support the South Florida Water Management District
corridor.
V/M Bender said he met with Florida Power & Light and he
was informed that the substation would vary in voltage;
however, the voltages would be different to certain
areas.
C/M Stelzer said he understood that 500KV was detrimental
to the environment; however, there were also 230KV lines
in the City and there have not been problems.
V/M Bender said the Department of Environmental
Regulations adopted a Resolution indicating that anything
in excess of 69,000 volts should be routed away from the
Cities.
Mayor Abramowitz said he was not concerned with the
medical aspect of this matter. He said there was Case
law to support Tamarac's position that the substation
would be detrimental to the tax base and financial values
of the City.
Mayor Abramowitz said he would like a special meeting
called regarding this matter and City Attorney Doody said
he did not know the need of a special meeting.
City Attorney Doody said he needed administrative
direction on how to handle coverage of a hearing which
would be 3 weeks long. He said the City's position was
set and would not be changed.
Mayor Abramowitz said the City Council had to determine
the financial aspect in attending the hearing as well as
time and effort.
C/M Rohr asked if City Attorney Doody would have to
attend the hearings for 3 weeks and City Attorney Doody
said there would be several things being discussed at the
hearings that would not relate to Tamarac; however, he
would like someone available at the hearings during the
discussions of the siting of the substation.
City Attorney Doody said he did not know how he could be
at City Hall and the hearings at the same time. He said
a person who was not a lawyer could be appointed to
attend the meetings and inform him of when the substation
discussions would take place so he could attend.
C/M Hoffman suggested that this determination be left up
to the City Manager and City Attorney. He said a special
meeting was not required to make this decision.
Mayor Abramowitz said the City Manager did not make the
final decision for the City Attorney and C/M Hoffman said
the City Manager could meet individually with the City
Council and report on this matter.
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Mayor Abramowitz said the City Attorney could not be in
several places at one time and he wanted the City Council
to make the final decision.
C/M Rohr said an Agenda would be available for the
hearings; therefore, the City Attorney could determine
when he would have to attend the meetings.
City Manager Kelly said the changing of the power line
was a moral victory for Tamarac. He said it appeared
that Florida Power & Light was going to use the west side
of the Sawgrass Expressway and he did not feel that the
City of Sunrise was not affected by the line because it
was in the conservation area. He said the City of
Sunrise did not have residential and industrial
properties in the area that were as prime as those of
Tamarac.
City Manager Kelly said the monies awarded to the South
Florida Water Management District would be devoted to
research why the water was being contaminated. He said
the City had an upcoming battle because Florida Power &
Light knew that their position continued to get stronger
as Tamarac's position became weaker. He said the only
testimony in the hearings would be from experts, which
was very costly and Tamarac was financially limited.
City Manager Kelly said Tamarac was informed that they
would be worn down because Florida Power & Light had more
money, a larger staff and more attorneys than Tamarac.
He said this would occur because the City Attorney could
not attend all of the meetings. He said the Agenda could
be changed when the City Attorney was present and the
entire item would be missed by the City.
City Attorney Doody said there was a price to pay for the
position that the City was taking.
:Mayor Abramowitz said he felt that at the end, it would
be an asset for Tamarac to continue the battle and he did
not underestimate Florida Power & Light. He said Florida
Power & Light was very concerned with Tamarac's position
in this matter and he did not want to give up fighting.
Mayor Abramowitz said he did not want to bankrupt the
City; however, he wanted to continue fighting because he
was concerned about the future of the City. He said the
City would sooner or later prevail if they continued to
fight this matter.
C/M Rohr suggested that the City Attorney be allowed to
attend the hearings when necessary and provide a monitor
when the City Attorney could not attend the hearings.
C/M Stelzer said when this matter first occurred, he made
a suggestion to bury the line and no one would be
affected. He said Florida Power & Light indicated that
this could be done; however, it was very expensive. He
asked why the feeder lines could not be placed
underground.
Mayor Abramowitz said Fort Lauderdale argued this matter
with Florida Power & Light and the result was that the
lines would not be placed underground.
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Mayor Abramowitz said this would not remove the
substation and he did not want the substation in the
City.
C/M Stelzer said the City would not be successful in
getting the substation moved and Mayor Abramowitz said
the purpose was that the substation would have a negative
impact on the most important property in Tamarac.
C/M Rohr asked if the City Council approved of his
suggestion and City Attorney Doody said he did not know
where the funds would come from to hire outside counsel.
He said the City had one In-house attorney who had
several items in his Office that had to be resolved and
the City was entering into a fight that required more
than what was available.
Mayor Abramowitz said he was informed that there were
avenues that the City legally had the right take and
Florida Power & Light wanted the process to go smooth.
He said if the City could not fight Florida Power & Light
in one direction, it could fight Florida Power & Light in
another direction.
City Attorney Doody said that may be the City's only
option and to do this would be more difficult once the
power line was certified. He said he was very frustrated
because Tamarac did not have the luxury to state that they
did not want something because the system required another
proposal if the proposal being presented was being
opposed. He said Tamarac has not proposed anything else
because the cost to do this was prohibited.
Mayor Abramowitz said during a previous meeting, Senator
McPhearson put a finger under his nose and stated in no
way or form would the primary corridor be moved west to
the conservation area. He said after more battle, the
line was moved to the conservation area; therefore, the
battle had to be political.
City Attorney Doody said the politics would be eliminated
from the system. He said the corridor would only be
placed where it was certified and the Governor and
Cabinet would be limiting what could;bq done.
Mayor Abramowitz said the meetings between Florida Power
& Light and Tamarac were not longer taking place. He
said the final decision was made 3 months ago and Tamarac
did not have the luxury to fight Florida Power & Light;
however, he personally would not give up the fight
because the City had an opportunity and responsibility to
minimize the damage that has been done to the City. He
said he felt that the fight would be beneficial to the
City in the end.
Mayor Abramowitz said he did not live in the area that
the substation would be; however, the City would be
extremely impacted by the substation. He said the City
had other avenues to take and the City should not
withdraw from the fight.
City Attorney Doody said the fight would be extremely
difficult and he wanted the City Council to be aware of
this.
C/M Hoffman said it was very important that the City go
on record about the matter to assist the City when they
went to Court to claim damages.
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City Attorney Doody said he would know more about the
hearings before they begin.
AGENDIZED BY CONSENT
3. MOTION TO APPROVE the purchase of the following to provide
esr�al—mowing service for Code Enforcement:
a) A 42-horsepower farm type tractor with accessories at an
approximate cost of $20,000.00.
b) A 6-foot wide rotary cutting rear deck at an approximate
cost of $3,000.00.
SYNOPSIS OF ACTION:
AGENDIZED by Consent.
Direction was given to the City Manager
to locate the necessary funds in the
amount of $24,000.00 through State
contract or public bidding for this
equipment.
Mayor Abramowitz said he has been informed that the
equipment for clearing certain areas that were cited by
the Code Enforcement Department was approximately 30
years old and was not operating appropriately. He said
he discussed this matter with City Manager Kelly and
found that the equipment was in the fleet maintenance
garage constantly.
Mayor Abramowitz said in order to buy another piece of
equipment, the City Council had to decide where the funds
would come from for the project. He said the equipment
would cost approximately $23,000.00.
C/M Hoffman asked if the City had to go to bid on this
item and City Manager Kelly said it would have to be
determined if the equipment could be purchased under
State bid.
City Manager Kelly said the purchase would be for a 42
horsepower farm type tractor with accessories at a cost
of $20,000.00 and a six-foot wide rotary cutting rear
deck in the amount $3,000.00. He said he would prefer to
have approximately $24,000.00 for the equipment and send
it out to bid; however, if the costs would be lower on a
State bid, he would recommend the City take this avenue.
City Manager Kelly said the City Council would be
authorizing him to find the money for the equipment and
go out to bid. He said he did not know where the funds
would come from and he would report back to the City
Council with further information.
* C/M Hoffman MOVED to AUTHORIZE the City Manager to locate
* funding not to exceed $24,000.00 for the purchase of the
* necessary equipment to facilitate the clearing needs in
* the City through a State Contract or public bidding,
* SECONDED by C/M Stelzer.
Mayor Abramowitz said there was an auction to be held in
the near future and the funding may be available with the
revenue from the auction.
C/M Stelzer asked if the City hired an outside contractor
to clear areas cited by Code Enforcement in the past and
City Manager Kelly replied, yes.
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C/M Stelzer asked if it would cost more for the City to
do the clearing and Mayor Abramowitz said there were
problems with the City collecting the funds to pay an
outside contractor.
C/M Stelzer suggested that privatization be investigated.
VOTE:
ALL VOTED AYE
4. DISCUSSION concerning questions about the recycling
program.
SYNOPSIS OF ACTION:
AGENDIZED by Consent.
DISCUSSION was held.
Mayor Abramowitz said for the past year the local City
Managers worked diligently in establishing a joint
recycling program, which included 5 Cities. He said the
Cities received a grant this year and would be receiving
a grant next year. He said the City Councils were not
involved in the negotiations; however, they were asked to
attend a meeting with the City Managers. He said at the
meeting there was a contract submitted to the City
Managers.
Mayor Abramowitz said the meeting was very intense and
Waste Management, Inc., became very angry. He said he
informed the City Managers that he would not personally
vote against the contract. He said he found several
things in the contract that he did not agree with.
Mayor Abramowitz said there were three agreements that
had to be discussed and executed:
1. An Interlocal. Agreement between the Cities.
2. The grant acceptance.
3. The contract with Waste Management, Inc.
Mayor Abramowitz said the City Attorney recently
submitted his opinion that if the City of Tamarac
accepted the grant application and Interlocal Agreement,
they would be bound to the contract.'. He said the other
Attorneys did not feel this way.
Mayor Abramowitz said the City Council would be receiving
the Interlocal Agreement and grant application and, if
the City Council did not execute the documents, Tamarac
would not be part of the grant program. He said he did
not approve of some of the provisions in the contract and
he would fight against it.
Mayor Abramowitz said he would like further information
on the Interlocal Agreement and grant application
submitted to the City Council, City Manager and City
Attorney. He said he would be swayed by the City
Attorney's legal opinion about the matter; however, the
City Council, City Manager and City Attorney had to be
aware of the contents of the contract with Waste
Management, Inc.
City Attorney Doody said the Interlocal Agreement and
grant application would be brought back to the City
Council for consideration if it did not affect the
contract with Waste Management, Inc.
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C/M Rohr said he would like a legal opinion regarding the
City's obligation to the other Cities vote on specific
items of the program.
Mayor Abramowitz said the other 3 Cities have withdrawn
the Cities of Tamarac and Lauderhill from the program.
He said the City Managers never submitted appropriate
information to the City Councils until it was time to
make a decision.
Mayor Abramowitz said the grant application was submitted
quickly and the other Cities had to act quickly to
receive the funding.
C/M Rohr said he felt that the other Cities would regret
the results if they entered into the contract with Waste
Management, Inc.
5. MOTION TO ADOPT Temp. Reso. #5590 awarding Bid #89-47
to Humana Health Care o rTea�—insurance for the City
employees.
SYNOPSIS OF ACTION:
AGENDIZED by Consent.
APPROVED.
RESOLUTION NO. R-89-279 - PASSED
City Manager Kelly announced that the City employees
health insurance coverage has been extended from
September 30, 1989, to November 30, 1989. He said the
City was trying to avoid the increased cost for services
and did not want to continue with the existing insurance
carrier. He said bidding took place on insurance
coverage and was reviewed by the Personnel Director and
Consulting Risk Manager. He said the policies were
presented to the employees for selection and the
effective date had to be implemented today for the better
coverage and lower rates so that the coverage could begin
tomorrow.
City Manager Kelly said in order for the employees to
sign up for the coverage, the City Council had to accept
the bid from Humana Health Care Plans.
Mayor Abramowitz asked if the Union`s�accepted the
coverage and Peter Mack, Personnel Director, said there
was a ratification meeting held last night. He said the
Unions ratified the contract as negotiated.
Mayor Abramowitz asked if staff needed City Council's
approval to terminate the existing coverage and begin the
new coverage.
Mr. Mack said he did not know what was meant by the
Unions ratifying the contract "as negotiated". He said
the Union representative indicated that the contract was
ratified as negotiated; however, in the negotiations,
Cigna Health Care would be part of the package. He said
Cigna removed themselves from the program at no fault of
the City.
Mayor Abramowitz said this was not a bearing on the City
Council's action at this time. He said the City Council
was approving a sole insurance policy and Mr. Mack
agreed.
* C/M Stelzer MOVED to AGENDIZE Temp. Reso. #5590, SECONDED by
* C/M Hoffman.
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VOTE: ALL VOTED AYE
City Attorney Doody read Temp. Reso. #5590 by title.
* C/M Hoffman MOVED to APPROVE Temp. Reso. #5590, SECONDED by
* V/M Bender.
VOTE:
ALL VOTED AYE
With no further business, Mayor Abramowitz ADJOURNED this
meeting at 11:45 A.M.
N MAN ABRAMOWTTZ, MAYOR
CAROL A. 9VANS, CITY CLERK -
"This public document was promulgated at a cost of $137.80 or $1.55 per
copy to inform the general public, public officers and employees of
recent opinions and considerations of the City Council of the City of
Tamarac."
CITY OF TAMAItAC
A�VED EETING OF AZA, g
City Clerk
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