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HomeMy WebLinkAbout1989-11-16 - City Commission Special Meeting Minutesy DP w o eox "1501,, 0 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 1 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. Page 1 11/16/ 8 9-pw 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 1-1 Page 2 11/16/89-pw 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. Page 3 11/16/89-pw 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] Page 4 11/16/89-pw 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. Page 5 11/16/89-pw 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. Page 6 11/16/89-pw 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. Page 7 11/16/89-pw 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. Page 8 11/16/89-pw 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 Page 9 11/16/89-pw 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. 1 1 Page 10 11/16/89-pw I L. I :1 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. Page 11 11/16/89-pw 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. Page 12 11/16/89-pw 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 Page 13 11/16/89-pw 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_ -_.-- Page 14 11/16/89-pw 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 Page 15 11/16/89-pw 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 �7 0 Page 16