HomeMy WebLinkAbout1989-11-16 - City Commission Special Meeting Minutesy
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TAMARAC: FLORIDA 3332u RECORD OF COUNCIL ACTIONS/DISCUSSIONS
SPECIAL MEETING
CITY COUNCIL OF TAMARAC, FLORIDA
There will be a Special Meeting of the City Council on
Thursday, November 16, 1989, at 2:00 P.M. in Conference Room
#1 of City Hall, 7525 NW 88 Avenue, Tamarac, Florida.
The purpose of this meeting concerns the following:
1. MOTION TO ADOPT Temp. Reso. #5610 authorizing the
appropriate City officials to execute an agreement with
Waste Management, Inc., for recycling within the City.
FINAL ACTION:
TABLED,
2. MOTION TO ADOPT Temp. Reso. #5611 authorizing the
appropriate City officials to execute an agreement with
Public Advertising, Inc., regarding bus shelters within
the City.
FINAL ACTION:
Temp. Reso. #5611 was removed from the agenda and, after
discussion, the City Manager was directed to bring more
information to the City Councilregardin this item.
3. MOTION TO ADOPT Temp. Reso. #5609 authorizing the
appropriate City officials to execute an agreement with
Susan Tillman regarding her services as Risk Management
Consultant.
FINAL ACTION: RESOLUTION NO. R-89-290 PASSED.
APPROVED.
4. DISCUSSION AND POSSIBLE ACTION regarding consideration
of an Ordinance which would limit areas in Tamarac now
or in the future, zoned Utilities, to a maximum up to
69 KV transmission lines and not permit additional
electric substations and power plants to be constructed.
FINAL ACTION:
Discussion was held and the City Attorney was directed
to investigate the legalities of the specific questions
that the City Council had.
5. MOTION TO APPROVE the purchase of mowing equipment for
the Public Works Department under State contract.
FINAL ACTION:
Agendized by Consent. APPROVED the budget transfer in
the amount of $12,691.00 from the General Contingency
Account #001-872--588-975 to the Machinery & Equipment
Account #001-407-539-643 to purchase mowing equipment
under State contract for the Public Works Department.
The City Council may consider and act upon such other business
as may come before it.
All meetings are open to the public.
awl�er��
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 meeting or
hearing, he will need a record of the proceedings and for such
purpose, he may need to ensure that a verbatim record includvz
tt+e testimony and evidence upon which the appeal is to be based
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11
CITY COUNCIL SPECIAL MEETING
THURSDAY, NOVEMBER 16, 1989
CALL TO ORDER: Mayor Abramowitz Called this meeting to Order on
Thursday, November 16, 1989 at 2:00 P.M. in Conference Room #1 (City
Clerk's Office) .
PRESENT: Mayor Norman Abramowitz
Vice Mayor Dr. H. Larry Bender
Councilman Bruce Hoffman
Councilman Henry Rohr
Councilman Jack Stelzer
ALSO PRESENT:
John P. Kelly, City Manager
Pauline Walaszek, Special Services
Secretary
3. MOTION TO ADOPT Temp Reso. #5609 authorizing the
appropriate C ty OTficials to execute an Agreement with
Susan Tillman regarding her services as Risk Management
Consultant.
SYNOPSIS OF ACTION: RESOLUTION NO. R-89-290 - PASSED
APPROVED.
City Manager Kelly read Te._mp. Reso. #5609 by title.
* C/M Hoffman MOVED to APPROVE Temp. Reso. #5609, SECONDED by
* C/M Rohr.
C/M Stelzer asked if there would be problems with the
previous Risk Manager regarding this gosition.
City Manager Kelly said Judy Deutsch was working for
another company and she did not apply for this position.
He said the contract was for a consultant and not a
full-time employee.
City Manager Kelly said the position was placed in the
Budget in the amount of $35,000.00. He said the City was
very fortunate to have the services of Susan Tillman and
she assisted the City greatly in reducing the insurance
budget for Fiscal Year 1989/90. He said Mrs. Tillman
also passed her Bar Exam and was practicing for the firm
of Emerson Allsworth. He recommended that the contract
be approved in an amount of $35.00 per hour and not to
exceed $35,000.00. He said benefits would not be
provided because Mrs. Tillman would be covered with the
other firm she was working for.
Mayor Abramowitz said Mrs. Tillman informed him that if
her services were needed by the City, she would be
available. He said Mrs. Tillman did a great job with the
insurance for the City during the budget process. He
said everyone on the City Council expressed that they
were impressed with Ms. Tillman's qualifications and
professionalism.
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V/M Bender asked if the City owed Mrs. Tillman money as
of October 1, 1989, and City Manager Kelly said Mrs.
Tillman has been paid to date.
VOTE: ALL VOTED AYE
2. MOTION TO ADOPT Temp. Reso. 45611 authorizing the appropriate
City officials to execute an agreement with Public Advertising,
Inc., regarding bus shelters within the City.
SYNOPSIS OF ACTION:
Temp. Reso. #5611 was REMOVED from the Agenda
and, a t er dr cussion, the City Manager
was directed to bring more information
to the City Council regarding this item.
Mayor Abramowitz said he was reluctant to vote on this
Item without the City Attorney's presence. He said he
would like the City Council to discuss this matter to
inform staff of their concerns.
* C/M Hoffman MOVED to REMOVE Temp Reso. #5601 from the
* Agenda, SECONDED by C/M Rohr.
VOTE:
ALL VOTED AYE
* C/M Stelzer MOVED to AGENDIZE by Consent, Discussion and
* Possible Action concerning the agreement for bus shelters
* with Public Advertising, Inc., SECONDED by C/M Hoffman.
VOTE:
ALL VOTED AYE
City Manager Kelly said the issue of bus shelters in the
City was debated before his employment. He said the
City's Beautification Committee discussed this matter and
there was a concern about the need for shelters. He said
there was a company that would provide the service,
Public Advertising, Inc., and a proposal was made to the
City. He said the second year of the contract was
September 9, 1989, and the company identified where the
bus shelters needed to be with the Community Development
Department and Broward County.
City Manager Kelly said the company intended to provide
approximately 100 bus shelters in the City over a period
of years. He said the project was delayed because of the
widening of University Drive, which prevented lighting
for the bus shelters. He said most of the bus shelters
were not in the shade because the lights would be on more
than needed. He said Broward County made the final
determination where the bus shelters were to be located.
City Manager Kelly said the company was providing service
to the residents and the City originally intended to
collect revenue for the bus shelters. He said the
contractor said he would discuss this matter with the
City after the shelters were installed. He said within
the last few years, there were offers from other
companies to install bus shelters and provide revenue
immediately. He said one of the companies offered up to
$500.00 per month.
City Manager Kelly said placing the project up for
bidding was discussed; however, there was concern from
the existing company about the contract being exclusive.
He said there have been complaints regarding the quality
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and maintenance of the bus shelters and he worked with
the company and the police Department closely on the
shelters that have been vandalized.
City Manager Kelly said it was discussed that the glass
material that could not
could be replaced with a type of
be broken. He said in some areas the maintenance of the
vandalized shelters were not proper; however, the
contractor was ready to offer a counter proposal to
offset the other offer.
City Manager Kelly said the existing contractor would
to the City
like the contract to be continued and payment
would begin during the fourth year of the contract at
$300.00 per bus shelter installed with advertising. He
said the proposal also included an increase of $50.00
more per shelter beginning the sixth year of the contract
regardless of whether the shelters had advertising.
City Manager Kelly said one firm was stating that they
would pay the City $500.00 per month per bus shelter;
had all of
however, the existing contractor felt that he
the City; therefore, the other
the bus shelters in the
contractor would not be paying the City much money
because there were few areas remaining for bus shelters.
-C/M Stelzer asked how many bus shelters existed in the
City at this time and City Manager Kelly said there were
shelter did not
22 bus shelters in the City; however, one
belong to the existing contractor.
C/M Rohr said there were discussions regarding the
in the
installation of approximately 100 bus shelters
City.
City Manager Kelly said the existing contractors original
proposal was to install up to 100 bus shelters in the
City.
C/M Rohr asked if 100 bus shelters would be permitted in
the City and City Manager Kelly said it was unlikely that
100 shelters would be provided because Broward County had
to approve the shelters. He said Broward County was not
very receptive in providing additional bus shelters. He
said the Union for Mass Transit in Broward County picked
which routes they would do. He said the more attractive
routes allowed more free time and new shelters installed
during the year, was a Union grievance position. He said
when the proposal was previously discussed, the bus
drivers had grievances because of the change in the
route, which cut down free time.
C/M Rohr said the existing contractor's concern regarding
the other company not being able to place bus shelters in
the City was not valid because there were only 22
shelters existing and there may be a need for
approximately 50 shelters.
City Manager Kelly agreed and he said there were nine
additional bus shelters proposed by the existing
contractor.
Mayor Abramowitz said the reason the existing contractor
has not put in 100 bus shelters was because the County
did not allow it; therefore, other contractors would not
be allowed to put in the bus shelters.
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City Manager Kelly said C/M Rohr was indicating that a
reasonable argument would be that another contract could
install the bus shelters in the future.
C/M Rohr said if there was another company offering
$500.00 per month per shelter, the City would benefit
from this cost. He said the existing contractor could
offer to meet the price.
Mayor Abramowitz said the original letter sent to the
City by Public Advertising, Inc., stated that the company
would pay $300.00 per month per shelter. He said the
contract reflected $300.00 per year and Page 6 of the
contract indicated that the payment would be done yearly.
City Manager Kelly said he expected a representative from
the company to be present today to answer these
questions.
V/M Bender suggested that the City go out to bid on this
project. He said the amount of money should be left out
of the contract for bidding purposes. He said Article
6.2 implied that the City would provide all of the
necessary documentation for the consultant before
services were provided. He said the consultant should be
responsible for paying for the permits as opposed to the
City waiving these fees.
Mayor Abramowitz said there was a Resolution drafted,
which stated that the first 21 bus shelters did apply.
V/M Bender said he was referring to new bus shelters when
he suggested going out to bid. He said he would like the
Scope of Services section in the contract to provide a
requirement for benches in the shelters. He said if the
item went out to bid, the items he was concerned about
should be included in the specifications for that bid.
C/M Hoffman said the proposed contract only pertained to
additional bus shelters. He asked what would occur if
the City did not sign a contract with Public Advertising,
Inc.
City Manager Kelly said the existing contract with Public
Advertising, Inc., would not expire for approximately 3
years.
C/M Hoffman asked if the existing contract was available
and City Manager Kelly said a copy was not distributed to
the City Council. C/M Stelzer submitted the existing
contract to C/M Hoffman for review.
C/M Hoffman asked if there was a provision in the
proposed contract for immediate payment for the shelters
by Public Advertising, Inc.
Mayor Abramowitz said yes, after a certain period in
time, which would be next year.
City Manager Kelly said Public Advertising, Inc., was
volunteering to pay the City $300.00 immediately for the
bus shelters.
Mayor Abramowitz said there were terrible feelings
between the two contractors. He said the other company
was not an unknown company and put out a product which
was more superior than the existing company. He said he
C]
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went by the legal interpretation and the City Attorney
did not agree that the existing contractor had an
exclusive contract with the City.
Mayor Abramowitz said the City had the ability to
negotiate a good contract with Public Advertising, Inc.
He said it was in the best interest of the City to
continue working with the existing contractor; however,
he informed the contractor that the bus shelters were not
appropriate. He said the existing contractor was
agreeable to all of the concerns of the City.
C/M Hoffman said the existing contract provided for an 8
year contract and City Manager Kelly said the contractor
had 3 years left on the existing contract and was
proposing an additional 5 years to be added on.
C/M Hoffman asked if the City wanted to sign an 8 year
contract. He said Public Advertising, Inc., was willing
to pay for the existing 21 shelters at $300.00 per year
per shelter. He said the other contractor was willing to
pay the City $500.00 per month per shelter.
Mayor Abramowitz said the letter submitted by Public
Advertising, Inc., indicated $300.00 per month; however,
he felt that this was a typographical error and should be
$500.00 per year per shelter.
C/M Hoffman said he would like to know what the actual
proposals were because, if the other contractor was
offering $500.00 per month per shelter, the City should
not even be considering the proposal from Public
Advertising, Inc.
Mayor Abramowitz said this was the reason there was not
action being taken on this Item at this time.
C/M Hoffman said he has personally discussed the benches
for the shelters with Public Advertising, Inc., for two
years. He said the City should insist that the existing
shelters as well as the new shelters have benches. He
said Public Advertising, Inc., said the proposal
indicated a fee for shelters that have advertising and he
said the City should be paid for all shelters regardless
of whether there was advertisement in them beginning
December 31, 1989.
City Manager Kelly said the City's purpose was to provide
a bus shelter for the residents and C/M Hoffman this was
true at one time; however, the process has become a
commercial venture. He said when the City signed the
contract with Public Advertising, Inc., no other
contractor was interested.
C/M Hoffman said Public Advertising, Inc., was the only
vendor in town; however, this has changed.
City Manager Kelly said this was correct and this was why
Public Advertising, Inc., was willing to negotiate
further with the City.
Mayor Abramowitz said he checked with two other Cities
using the other contractor and he was informed that both
of the Cities were pleased with the services. He said
there was an entirely different situation in the City
because of the competition.
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C/M Hoffman said he did not want to take anything away
from someone; however, if the services were not
appropriate, the City would have to take action in the
best interest of the City.
Mayor Abramowitz said Public Advertising, Inc., would
have to provide better services for the City. He said
during the first six months of office, he met with Public
Advertising, Inc., regarding Police protection for the
shelters. He said Public Advertising, Inc., informed him
that Tamarac was the only City that had this vandalism.
He said he checked with the surrounding Cities and found
that bus shelters were subject to and invited vandalism.
Mayor Abramowitz asked City Manager Kelly to submit
further information to the City Council so they could
make a decision. He asked the City Council to submit
their comments regarding the contract to City Manager
Kelly.
C/M Stelzer asked C/M Rohr to find out what the Lakes of
Carriage Hills was charged for their advertisement in the
bus shelter. City Manager Kelly said he would ask Public
Advertising, Inc., this question.
Mayor Abramowitz asked if the item was taken to bid and
City Manager Kelly replied, no.
4. DISCUSSION AND POSSIBLE ACTION regarding consideration
of an Or inance which wou13-11mit areas in Tamarac now or
in the future, zoned Utilities, to a maximum up to 69KV
transmission lines and not permit additional electric
substations and power plants to be constructed.
SYNOPSIS OF ACTION:
Discussion was held and the City Attorney
was directed to investigate the legalities
of the specific questions that the City
Council had.
Mayor Abramowitz said because of the absence of the City
Attorney, the City Council could discuss this matter and
relay their concerns to the City Attorney.
V/M Bender said he was making this proposal to implement
a State of Florida Department of Environmental
Regulations Resolution, dated January 19, 1989. He said
the Resolution stated that any voltages or transmission
lines of 69,000 volts or above should be routed away from
the Cities. He said the Department of Environmental
Regulations felt that it would be beneficial to the
health and welfare of the citizens not to be exposed to
the radiation.
V/M Bender said there were many areas in Tamarac which
were zoned Utilities. He said there were no specific
requirements by the State, County or City indicating what
type of voltages could be used in a given Utility area.
He said this may be left up to the Cities and he felt
that using Tamarac as a cross -road for transmission lines
should require some type of limitation on the type of
lines in the City. He said he understood that there was
a need for transmission lines in the City; however, only
50% of the existing power lines in the City were being
utilized.
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il
V/M Bender said there was an existing reserve of 50% and
Land Section 7 would require transmission lines; however,
the current lines around the City should be sufficient to
accommodate this area. He said based upon his study, he
felt that something should be done to protect the City.
Mayor Abramowitz said the City Council would be asked to
give their expressions of interest and, if needed, the
City Attorney would be asked to research and draft the
appropriate legislation for the matter.
V/M Bender said he would like to get the City Council's
opinion on this matter and proceed by asking staff to
bring back the appropriate legislation to the City
Council.
Mayor Abramowitz said he agreed with V/M Bender; however,
he could not vote on this type of item unless he had
documentation to substantiate V/M Bender's statements.
He said he if could be assured that limiting the amount
of power in the transmission lines was legal, he would
vote to the limitation. He said he wanted to be certain
that 69KV lines would serve the City appropriately in the
future.
V/M Bender said 69KV was not currently being used in the
City. He said there were currently 230KV lines being
used in the City and he was indicating that, in the
future, the City should not allow anything greater than
69KV lines.
Mayor Abramowitz said he wanted to make sure that the
action would be legal before he could approve of it and
V/M Bender said this was also based upon the
recommendation of the Department of Environmental
Regulations.
Mayor Abramowitz said he agreed with V/M Bender's
recommendation; however, he wanted to make sure that it
was legal and would not hurt the City in the future
before he voted on it.
TAPE 2
T V/M Bender said his recommendation was to ask staff to
investigate this matter and not write an Ordinance. He
said he meant a restriction to any additional lines in
the future. He said he would prepare the information and
submit it to the City Council for review.
C/M Stelzer said he would like outside verification as
well and Mayor Abramowitz said this would be provided.
C/M Hoffman said Tamarac was presently covered with
electrical needs. He said the City did not need high
tension lines in addition to the existing lines.
C/M Stelzer asked where C/M Hoffman received this
information and C/M Hoffman said he used common sense to
arrive at this information.
C/M Hoffman said the City had no problems with electrical
service in the City. He said a line would be brought
into the City to serve South Florida and the City should
not have any more high tension lines in any zoning
district in the City. He said the lines being brought
into the City should be limited to 69KV.
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C/M Hoffman said he believed that the City should prepare
an Ordinance to limit all additional new transmission
lines in the City to 69KV. He said this restriction
should pertain to all zoning districts to avoid
criss-crossing lines in the future. He said this was not
needed and was not wanted in the City.
C/M Hoffman said on September 18, 1989, there was a
request by the City Council to submit information
regarding no additional lines over 69KV to be allowed in
LI-1 zoning districts; however, staff never responded to
this request. He said the City Council should not even
consider authorizing this at this time because it was
already authorized; therefore, it should be taken care of
immediately.
Mayor Abramowitz asked the City Manager to see that this
information was available to the City Council at their
next meeting. He said the City Council passed
legislation based on the condition that the lines in the
City be limited to 69KV.
V/M Bender said approximately 5 years ago, Florida Power
& Light wanted to install a substation in the Woodmont
area; however, after a fight, the substation was moved.
He said Florida Power & Light indicated that the
substation was required in order to take care of the
future needs of Tamarac. He said the transmission lines
would go to the substation and back out again.
C/M Stelzer said the legislation should prohibit the
building of substations as opposed to transmission lines.
Mayor Abramowitz said the issue before the City Council
was the request to limit additional transmission lines to
69KV or lower. He suggested that the City Council remain
on this subject only.
C/M Stelzer said the last sentence of the Agenda
indicated "not to permit additional electric substations
and power plants to be constructed". He said if the City
wanted to limit future lines in the, City, they should not
permit additional substations in the City.
C/M Hoffman said if a substation was placed in the City
of Coral Springs, Tamarac did not want transmission lines
of more than 69KV to be located through the City.
V/M Bender said his proposal was to make a Motion to
authorize staff to amend the permitted uses under the
utilities designation of the Land Use Plan to allow the
use of electric substations and transmission facilities
not in the excess of 69,000 volts. He said this language
was to be included in the Comprehensive Plan when it was
brought to the City Council for adoption. He said a
Motion should be made to direct staff to develop a
utilities category for the zoning Code, which would
describe allowed uses and set development standards. He
said among the standards shall be the statement that
voltages not in the excess of 69KV would be allowed for
electric substations and transmission facilities.
C/M Rohr said V/M Bender's comment was in conflict with
his memorandum. He said V/M Bender indicated that he
would permit electric substations; however, the
memorandum indicated that V/M Bender wanted to eliminate
future substations.
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V/M Bender said substations were not limited to 230KV or
500KV lines. He said he would not object to any lines
under 69KV.
C/M Rohr asked if the City could legally prevent Florida
Power & Light from transverting boundaries to other
Cities. He said he could not vote on these matters
without receiving the appropriate information.
C/M Rohr had concerns with the City being able to legally
limit the amount of voltage in the City.
Mayor Abramowitz asked City Manager Kelly to inform the
City Attorney of the City Council's concerns, which were
the ability of the City to function now and in the future
with the limitation and, if the City could legally limit
the voltage.
Mayor Abramowitz asked the City Council to express their
interest in asking the City Attorney to investigate this
matter.
C/M Rohr said if the City Attorney found that this was
not legal, the matter would not be pursued.
C/M Hoffman said he has enough confidence in the City
Attorney to inform the City Council about the legality of
the matter.
C/M Stelzer asked that the City Attorney be asked about
grandfathering existing lines into the restriction.
Mayor Abramowitz said V/M Bender indicated that the
restrictions would pertain to new installations.
C/M Stelzer said there may be a defense because of
existing lines that were more than 69KV in the City and
Mayor Abramowitz asked the City Manager to inform the
City Attorney of these concerns.
C/M Stelzer asked what "zoned utilities" meant. He said
if there would be a substation installed it would be
zoned utilities. He asked if transmission lines in the
right-of-way would be referred to as zoned utilities.
V/M Bender said whenever there was an area zoned
utilities, any type of utility could be placed there.
C/M Hoffman said C/M Stelzer was correct and the
restriction should be placed on all zoned areas.
Mayor Abramowitz said this would not appear before the
City Council at the next meeting for action because there
was more information needed.
** The following vote was to direct the City Attorney to investigate
the legality of this matter and bring his findings back to the
City Council for review.
C/M Hoffman said he would like to know if the City had
the legal right to limit the overhead transmission of
electricity.
VOTE:
ALL VOTED AYE
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AGENDIZED BY CONSENT
5. MOTION TO APPROVE the purchase of mowing equipment
o�Fie Pu li�'c Works Department under State contract.
SYNOPSIS OF ACTION:
AGENDIZED by Consent.
APPROVED the budget transfer in the amount
of $12,691.00 from the General Contingency
Account #001-872-588-975 to the Machinery
& Equipment Account #001-407-539-643 to
purchase mowing equipment under State contract
for the Public Works Department.
Mayor Abramowitz said the Code Enforcement Department was
doing a great job and the complaints lessened until
recently. He said the Code provided that if a lot owner
was cited and did not clear the property, the City had
the right to make the corrections and charge the owner of
the property.
* C/M Stelzer MOVED to AGENDIZE Item 5 by Consent, SECONDED by
* V/M Bender.
VOTE:
ALL VOTED AYE
Mayor Abramowitz said he was informed that the clearing
equipment of the City was 30 years old and could only be
used for three hours and had to be placed in the shop for
repairs. He said he had suggested that the equipment be
replaced and he did not understand why the City did not
purchase this equipment sooner.
Mayor Abramowitz said the City Manager submitted
information to the City Council regarding this matter.
He said Council was being asked to approve the funding
for this clearing equipment.
City Manager Kelly said at a previous meeting, the City
Council authorized approximately $2,500.00 be found and
brought back to the City Council for approval. He said
there was a State contract available that would allow the
City to purchase the equipment for half the cost, which
would be $12,691.00. He said there was an advantage and
disadvantage in using the State contract. He said the
advantage was that the order could be placed immediately;
however, the disadvantage was that it would take 3 to 4
months before the equipment was delivered.
Mayor Abramowitz said the Cities were trying to pull
together and jointly borrow equipment, when needed.
C/M Hoffman said he did not object to buying the
equipment and he asked why the City did not hire a
contractor to do the work and bill the property owner.
Mayor Abramowitz said he asked this question
approximately one year ago. He said the contractor
billed the City and the City was responsible for
retrieving the funds from the property owner. He said
this could take years and the City may have to lien the
property in order to get the money.
C/M Stelzer suggested that the property owners be charged
$250.00 per day by the Code Enforcement Board for not
correcting the problem.
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L.
I
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Mayor Abramowitz said the law indicated that the property
could not be taken away and the owner be taken to jail.
He said if a person did not pay a bill, a lien could be
placed on the property.
C/M Hoffman asked how the City could collect the funds
any faster by having the City do the job as opposed to an
outside contractor and Mayor Abramowitz said the City
would not have to submit the funds in advance.
C/M Rohr asked how many years the equipment would last.
He said after a few violations, the City should charge
more money to clear property and maybe the property
owners would realize that it was more costly than doing
it themselves.
Mayor Abramowitz said the City charged a high rate for
clearing property and C/M Rohr said the charge should be
higher. C/M Rohr said the City could impose penalty
costs to be added on to the costs if clearing property.
C/M Hoffman said the equipment would be used on
commercial property and, if needed, foreclosure could be
done quickly; therefore, he did not agree with the City
having to wait to collect the funds.
City Manager Kelly said the Motion should be to approve
the transfer from the General Contingency Account in the
amount of $12,691.00 to the Machinery and Equipment
Account.
C/M Rohr said he would vote against this item unless he
was informed that the charge would be accompanied by a
penalty charge.
Mayor Abramowitz said the Code Enforcement Actions were
specified under the State law. He said he would support
the penalty charge if the City Attorney informed the City
Council that it was legal.
C/M Rohr said when Code Enforcement cited an owner to
clean up a site, they could stipulate that the City would
correct the problem after a certain amount of days and
charge a penalty charge as well as the clearing costs.
C/M Hoffman said the Code Enforcement Board could make
this determination as opposed to the City Council.
* V/M Bender MOVED to APPROVE the transfer of $12,691.00 from
* the General Contingency Account to the Machinery and Equipment
* Account for equipment to be purchased under the State contract,
* SECONDED by C/M Hoffman.
C/M Hoffman said he would vote Nay because he felt that
the City should hire a private contractor to do the
clearing.
VOTE: Mayor Abramowitz - Aye
V/M Bender Aye
C/M Hoffman - Nay
C/M Rohr - Aye
C/M Stelzer - Aye
At this time, Mayor Abramowitz RECESSED the meeting for 5
minutes and RECONVENED with ALL PRESENT.
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1. MOTION TO ADOPT TeeEp. Reso. #5610 authorizing the appro-
pr ate Crty officials to execute an agreement with Waste
Management, Inc., for recycling within the City.
SYNOPSIS OF ACTION:
TABLED.
C/M Rohr said in the previous discussion regarding the
equipment, the City Council did not indicate that the
equipment would be used by the Public Works Department to
cut the grass for the City Parks.
City Manager Kelly read Temp. Reso. #5610 by title.
Mayor Abramowitz said based on the fact that the City
Attorney was absent, he felt that the City Council should
only discuss this matter. He said there were concerns
with the Interlocal Agreement between the five Cities.
Mayor Abramowitz said there was a concern about the
$100,000.00 penalty for withdrawing from the program;
however, the matter was resolved by creating a pro-rata
cost for each year. He said the language in the
contract, which stated that the Cities could not use
their Ad Valorem taxes to pay the penalty, was removed.
He said he did not know the exact verbiage; however, the
contract indicated that the City could not pledge the
taxes for the payment of a fine if due because the legal
opinion was that a Referendum would be needed.
Mayor Abramowitz said according to the Interlocal
Agreement the five members of the Administrative
Committee could agree on a rate raise and submit the rate
raise to the City Council for approval. He said if the
City Council did not agree with the rate increase, the
City Council would be in violation of the contract and
subject to penalty. He said he felt that the decision
making process should lie with the City Council and no
other agency. He said he did not approve of the City
being bound to something and paying a penalty if they did
not comply.
Mayor Abramowitz said it was suggested and implemented by
the Mayor of Lauderhill, Mayor Ilene Lieberman, that she
be on the Administrative Committee as opposed to her
Assistant. He said Mayor Lieberman suggested that
Tamarac consider removing City Manager Kelly from the
Committee and Mayor Abramowitz be a Committee member. He
said he was informed that this may be a violation of the
City Charter because an elected official may be doing
administrative matters.
Mayor Abramowitz said he was informed of changes;
however, they have not been submitted to the City in
writing. He said if the five Committee members did not
agree to changes in the contract, the Committee would
have to return to negotiations with Waste Management,
Inc. He said if the five Committee members agreed but
the City Council members did not agree with the
Committee's recommendation, the Committee must negotiate
further with Waste Management, Inc.
Mayor Abramowitz said this seemed to address his major
concerns. He said he wanted the decision making to be
handled in Tamarac by the City Council only.
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Mayor Abramowitz said the previous Interlocal Agreement
took the decision making process out of the hands of the
City Council and, if the City Council did not agree with
the Committee's recommendations, the City was penalized.
C/M Hoffman said if the Committee and City Council did
not agree, further negotiations would have to take place
with Waste Management, Inc. He asked what occurred if
there was not agreement after negotiations.
Mayor Abramowitz said he could not answer this question
without the appropriate information being available.
C/M Rohr suggested that there be language indicating that
unless all of the Councils from each City agree, the
proposal would be null and void.
Mayor Abramowitz asked if Waste Management, Inc., should
withdraw their proposal if the Cities did not agree.
C/M Hoffman said he was concerned with what was to occur
if the five Cities did not agree. He said if Waste
Management, Inc., could not dispose of paper in Florida
but could in California and indicated that the fees would
have to be raised for transportation. He asked what
would occur if the Cities decided that they would not pay
these fees.
Mayor Abramowitz said he would never sign a contract that
could harm the City in the future. He said when he was
asked by the newspaper reporter if the contract was good,
he replied, no. He said the newspaper reporter asked if
the contract was bad, he replied, no; however, it was the
only contract. He said this did not mean that the City
had to accept the contract.
TAPE 3
C/M Hoffman said the City would have to adhere to the
State's mandate in eliminating the waste stream of the
landfills regardless of what contract was implemented.
He said he felt that burning paper to create electricity
would be recycling. He said he did not know if taking
paper and recycling it to create other paper was the
appropriate recycling process. He said when a product
was taken and turned into a useful commodity, such as
electricity, the product was actually being recycled.
C/M Hoffman said the City Council should not turn the
future of the City over to any Administrative Committee.
He said until the updated information was submitted to
the City Council for review, he did not know what the
City Council should do.
C/M Rohr said recycling did not mean taking an item and
burning it to make electricity. He said recycling paper
saved the need for trees, which was preservation.
C/M Hoffman asked if it would be recycling if paper was
taken and made into roofing paper and C/M Rohr replied,
yes. C/M Hoffman asked if oil would be saved by using
the paper to create electricity.
Mayor Abramowitz said both of these methods were
considered recycling.
C/M Rohr said if there came a point where the Cities did
not agree with contractual changes, it would be like
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saying that the contract would not be executed. He said
if the Cities did not agree to the changes, the contract
should be eliminated.
V/M Bender said until the City Council received the
appropriate information, they could not arrive at a
decision.
Mayor Abramowitz said if the City of Tamarac did not
approve of the Interlocal Agreement by the end of
November, 1989, they would not be included in the
contract. He said he would not sign a bad contract
regardless of the consequences.
V/M Bender said Mayor Abramowitz indicated that he could
not answer the City Council's concerns without further
information. He suggested that the City Council wait
until the information was submitted.
C/M Hoffman asked if the Cities could use another vendor
besides Waste Management, Inc., to recycle aluminum and
glass. He said he understood that the contract made
Waste Management, Inc., the exclusive recycling
contractor.
City Manager Kelly said on Page 1 of the Waste
Management, Inc., contract, Section 1, it indicated that,
"the materials may be expanded as per Section 5 to
include glass bottles, metal cans, aluminum, steel,
plastic containers and such other recyclable materials as
the parties may designate in writing".
City Manager Kelly said Section 5 indicated that "at such
time when the contractor or Group City desired to expand
the recycling collection services into additional areas,
annexed areas or add additional materials to the
recyclable materials collected, the party desiring to
expand the services shall submit to the other party an
expansion proposal and the party receiving such proposal
shall evaluate and consider the same in good faith. If
the contractor and Group City failed to reach an
agreement with respect to the terms and conditions for
expansion within 60 days of submission, the contractor
would continue to perform recycling services as provided
by this agreement for the remaining term thereof."
City Manager Kelly said the contract did not indicate if
the Cities could or could not use another contractor.
C/M Hoffman said he would like to know what the Cities
rights were if they could not come to an agreement.
Mayor Abramowitz said the City Attorney would have to
review this matter before a decision could be made. He
said he wanted to inform the City Council of the changes
and there may be other concerns before that time.
Mayor Abramowitz said he would be asking that a copy of
the changes be submitted to the City Council for review.
C/M Hoffman said he would like to know what would happen
if the Cities did not come to an agreement of contractual
changes.
City Manager Kelly said initially there was a Resolution
passed by the Cities authorizing the City Managers to
discuss this matter. He said he proposed that the City
Managers do this_and--.-it- was the function of . the_ -_.--
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Manager to handle the administrative functions of the
City. He said the City of Lauderhill had a strong Mayor
form of government, which was different from Tamarac.
City Manager Kelly said Tamarac did not have a strong
Mayor form of government. He said the City recently had
a proposal from the Broward Sheriff's Office and he
handled the administrative functions after conferring
with the City Council. He said policy makers working on
the same Committee with the administrative staff was not
appropriate. He said he was opposed to this and he was
not anxious about continuing the contract in this manner.
City Manager Kelly said the policies of the contract were
set by the City Councils and, before other issues were
implemented, he hoped the City Council had enough
confidence in him to not allow this to occur without
informing the City Council.
C/M Hoffman said based on the Sunshine Law, a member of
the City Council could not report to the other members of
the City Council unless it was through an advertised
meeting. He said the City Manager could meet with the
City Council individually and receive input.
Mayor Abramowitz said the recycling program has been very
frustrating because it violated everything he did as a
businessman. He said his career taught him not to sign
contracts that he was uncomfortable with and he would
fight the things that he felt were wrong.
Mayor Abramowitz said he thought that the politicians
only had turf wars; however, he found this was not true.
He said he felt that there was an ego problem involved in
the recycling program contracts. He said he did not want
to be involved in the process because he did not have the
time; however, he did not want the final decisions for
the City of Tamarac made by anyone other than the City
Council. He said he did not want the negotiations to
occur with the politicians; however, he and Mayor
Lieberman were not comfortable with the contracts.
Mayor Abramowitz said if the City Council could not
become comfortable with the contracts, they should not
approve them.
C/M Stelzer said there were several complaints about
things; however, the people complaining never suggested
other alternatives.
Mayor Abramowitz said he could not give alternatives
without the appropriate information available.
C/M Hoffman said two years from now, if there was a
market for paper, the City could create their own
program. He said if there was no market for paper, Waste
Management, Inc., would be asking for more money to store
or transport paper elsewhere. He said nothing would be
accomplished in this type of program because the
recycling industry for paper was not good. He said Waste
Management, Inc., was able to continue the program with
Durban Paper Company in the amount of $10.00 per ton.
* V/M Bender MOVED to TABLE Temp. Reso. #5610, SECONDED by
* C/M Hoffman.
VOTE: ALL VOTED AYE
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Mayor Abramowitz said the other Cities were very angry
with Tamarac because of the contracts and City Manager
Kelly said four Cities have signed the contracts.
C/M Rohr said during the negotiations with the City
Managers, he did not feel that the City Managers
negotiated properly. He said if Mayor Lieberman did not
have the answers, she knew where to go to get the
answers. He said he was very comfortable with Mayor
Lieberman involved and Tamarac should not leave
themselves out on the limb.
Mayor Abramowitz said there were questions and answers
that had to be provided to the City Council before they
could make a decision.
With no further business, Mayor Abramowitz ADJOURNED this
"This public document was promulgated at a cost of $140.40 or $17.55 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."
Cff Y OF TAMARAC
APPROVED AT MEETING OF o O
City Clerk
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