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HomeMy WebLinkAbout1989-10-31 - City Commission Special Meeting Minutesk,- rye u=..gin AiOg1nP rP (; Box 25U' 0 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. Page 1 10/31/89-pw 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. I- I Page 2 10/31/89--pw 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. Page 3 10/31/89-pw 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 i� Page 4 10/31/89--pw 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 Page 5 10/31/89-pw 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. 1 Page 6 10/31/89-pw 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 Page 7 10/31/89-pw 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. Page 8 10/31/89-pw 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. Page 9 10/31/89-pw 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. Page 10 10/31/89-pw 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. Page 11 10/31/89-pw 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. r� 1 1 Page 12 10/31/89-pw 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. Page 13 10/31/89-pw 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. 1 11 Page 14 10/31/89-pw 1 1 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 Page 15 IM