HomeMy WebLinkAbout1981-12-18 - City Commission Special Meeting MinutesCITY OF TAMARAC
SPECIAL MEETING
CITY COUNCIL
DECEMBER 18, 1981
CALL TO ORDER: Mayor Falck called the meeting to order at 9:30 A.M.,
Friday, December 18, 1981, in the West Conference Room.
ROLL CALL: } PRESENT: Mayor Walter W. Falck
Vice -Mayor Irving 11. Disraelly
Councilman Philip B. Kravit7
Councilwoman Helen Massaro
ABSENT AND EXCUSED: Councilman Irving Zemel
ALSO PRESENT:City Attorney, Arthur r7. Bi,rken
City Manager, Laura Z. S.tuurmans
1. Fort Lauderdale Executive Airport - Discussion and Possible Action
SYNOPSIS OF ACTION: APPROVED further
commitment of hiring Milledge and Hermelee
to pursue the matter of vested rights and
to handle it on the recommended basis by
City Attorney of three phases to not exceed
$10,180,plus expenses,with the understanding
that Council will be consulted. They must
have the freedom of overlapping the second
and third phases but, if the first phase
f a i l s, t he f u 11 commi tment may not necessari ly
h.ave been used.
Mayor Falck read the notice of the meeting into the record.
The City Attorney gave Council copies of material he received outlining
what the City of Fort Lauderdale was doing around the Executive Airport.
Apparently, they do not want a comprehensive review of the proposed
runway extension. They are trying to get an environmental assessment
approved by the FAA and they are also trying to have a determination of
vested rights made by the State of Florida. Mr. Birken said Council is on record
as not necessarily being opposed to the extension but rather the noise
involved. When the City found out about the state proposed action on
vested rights it was only because the South Florida Regional Planning
Council brought it to the City's. attention; it was not.discussed at the
Cities Aviation Board before yesterday.
The City Attorney said it is crucial that the Council act promptly since
the state will act on this on January 7. There are a number of -factors
that the state will consider. Vested rights itself is purely a legal
question, the question being whether the money is spent on an alliance
with some action that some governing body can take or whether, in fact,
there is a grandfathered-in siutation where the City of Fort Lauderdale
can show that this plan was in effect prior to 1973 when the DRI system
started. However, there are other factors involved; political factors,
etc..
The City has a proposal from Milledge & Hermelee broken down into three
areas. When the South. Florida Regional Planning Council said this
application h.ad been filed, they had spoken with the representative of the
state. If the City of Tamarac did not get involved, they were ready to
approve the vested rights request by the City of Fort Lauderdale. If the
City does not act and if there is a ruling against us, or even if the City
does act and there is a ruling of determination of vested rights based on
what happened in the past, our appeal rights are very limited.
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There has been litigation in more
than one Court of Appeal. If there is an adverse decision by the state,
the amount of money requested by Milledge & Hermelee for the first stage,,
the DRT stage.is $4,080 and this is most critical. The other two factors
are self --explanatory, the time frames are not as critical.
C/W Massaro asked Mr. Birken if he were asking Council to act, and he
answered that he is. She asked him to repeat the 3 phases. He said
the first is vested rights, the second the FAA approval on the environ-
mental assessment and third, to catalog and provide greater detail on
deficiencies and noise. Also, material that is gathered on the noise
could also be provided to the state.
C/W Massaro asked if there has been something indicated concerning the
effect on people by extending this because of the close proximity to these
runways? The noise and danger should be further submitted.
Mayor Falck said they will start lowering their approach and this will
effect the western areas of the city more than the east.
C/M Kravitz said when this came up originally he reviewed the entire file
and there are certain things not clear. He asked Mr. Birken about the
legal fees involved. They are now contemplating spending $10,000 in
addition this may necessitate traveling to Tallahassee or Washington.
He asked if there could be larger legal fees after this is started.
Mr. Birken said there is no question that it will. He said there are two
areas involved. One is before the state right now --the vested rights,
if the state rules against us and this is a distinct possibility, it
would mean the end of the road. If the state rules in our favor, then
Fort Lauderdale has appeal rights and the City may or may not want to
become involved. Second, the Federal Government and whether there must
be an Environmental Impact Statement. The City Attorney said he would
assume if the FAA rules against the City then the Council may want to
consider going back to court. There is another area of concern, the
Fort Lauderdale well field is located under the airport and does not
seem logical. He asked Council not to be under the impression that this
is the end of the road, it is not always cost effective.
C/M Kravitz asked if it could run into about $50,000? Even if the City
gets a favorable verdict, they could take it under appeal; is this what
Council wants to go into? What are the City's chances from a legal point
of view?
Mr. Birken said the chances are less than 50/50 on everything. The FAA
is in the business of encouraging aviation. The Congressman from the
District is the former Mayor of Fort Lauderdale and all the City really
has going for them is what is right.
C/M Kravitz asked if the City did not go in at this time and engage our
Attorneys, could we go in after January 7? Mr. Birken said not with the
state. C/M Kravitz asked what our next recourse would be? Mr. Birken
said it would only be with the FAA. The City Attorney said in light of
what the City has done so far they should at least go to the end.
Mayor Falck said he does not think there is any choice. He said the City
should follow the City Attorney's advice.
C/W Massaro said Council realized this when it was first started. If
they stop now the money invested so far is thrown away. The effect on
all people east of 441 will be tremendous. She said what Mr. Birken is
saying is that Council should approve the three phases now even though
only part of the second and third phase money would be used but that they
may have to.use some of that in order to properly give everything to FAA
and the State in the hopes of influencing their judgment. Mr. Birken said
that this is correct although part of the third phase is to contact the
representatives of Fort Lauderdale and this is very important.
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V/M Disraelly asked if there is any violation with Fort Lauderdale
when they did not give the City advice about this? The agreement that
was signed with them was that they were to inform the City as well as
have the City Attorney attend the meetings. Mr. Birken said no. He
said the agreement states that"One member of the Tamarac City Council
be designated by appointment as the official of that municipality to
receive all agendas and background material furnished to Board Members
and Minutes of all Fort Lauderdale Aviation Board Meetings". They did
not give all this information but they did not violate terms of the
stipulation. That probably will be the point of departure.
V/M Disraelly asked if the Commission of Fort Lauderdale can do this
then they can by-pass the Cit with decisions any time. Mr. Birken
said he suggested last year It the City go on the mailing list of
neighbors to try to keep on top of the agendas of neighboring cities.
C/W Massaro said these things are not on the agenda anyway, they are
found out by th.e City Attorney calling them..
Mr. Birken said the Environmental Impact Statement is for the FAA
approval of the runway extension.
C/W Massaro said the fact that they are not following what the stipulation
included should have something to do with the fact that the City's rights
have been violated. This was settled in court, how do they feel now that
they have vested rights when there was a judgment by the court and they
agreed to the Impact study?
V/M Disraelly asked if this agreement was between the City and the Aviation
Board or between the City and the City of Fort Lauderdale? Mr. Birken
said it is between Tamarac and the City of Fort Lauderdale. V/M Disraelly
said they are not advising us on the action they are taking regarding the
Airport. C/W Massaro said they have violated the intent.
Mayor Falck said he feels the recommendation of phases is appropriate.
C/W Massaro MOVED to APPROVE the further commitment of hiring Milledoe
& Hermelee to pursue the matter of vested rights and to handle it on the
recommended basis by the City Attorney of the three phases to not exceed
$10,180 plus expenses with the understanding that the Council will be
consulted. They must have the freedom of overlapping the second and
third phases but, if the first phase fails, the full commitment may not
necessarily have been used.
C/M.Kravitz asked if this is not to exceed $10,180 at this point? C/W
Massaro confirmed this and C/M Kravitz SECONDED the Motion.
VOTE:
ALL VOTED AYE
Mayor Falck said he has been invited by the National Association of
Municipal Pension Programs to attend a seminar in February. The theme
of this seminar is "Increasing Benefits Without Significantly Increasing
the -Cost to the Municipality". He asked for Council's approval of this.
V/M Disraelly MOVED to Agendize discussion of Mayor Falck's attending
the convention. SECONDED by C/M Kravitz.
VOTE: ALL VOTED AYE
2. Mayor's Attendance at Convention - Discussion and Possible Action.
SYNOPSIS OF ACTION: APPROVED
gendizing discussion of Mayor
attending Convention; APPROVED
trip to Insurance/Pension Convention
and all expenses involved.
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/pm
C/W Massaro MOVED the APPROVAL of trip to Las Vegas to the Insurance/
Pension Convention and all expenses involved be paia whatever they might
be. SECONDED by V/M Disraelly.
VOTE: ALL VOTED AYE
Mayor Falck adjourned the meeting at 10:05 a.m.
AYOR
ATTEST:
SISTANT CITY CLERK
Thisiublic document was promulgated at a cost o41
for,3 -per copy, to inform the general public and public
officers and employees about recent opinions and considerations
by the City Council of the City of Tamarac.
APPROVED BY
M-COUNCIL ON
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iiWE.,S.I.. 8 8 T H AVENUE .i-AMARAC, PLOfilC: A 33321'
TELEPHONE (305) 722-5900
r
December 17, 1981
M n T T( V
SPECIAL MEETING
CITY COUNCIL
Please be advised that the City Council will hold a Special Meeting
on Friday, December 18, 1981 at 9:30 A.M. in the Council Chambers
at City Hall, 5811 N. W. 88th Avenue, Tamarac, Florida.
The Purpose of this Meeting is for Discussion and Possible Action
on Fort Lauderdale Executive Airport.
The City Council may discuss such other items as may come before it.
The Public is invited to attend.
!:�7 Z�Z��
aro A. Evans, Asst. City Clerk
/lc Pursuant to Chapter 80-105 of Florida Law, Senate Bill No. 368:
If a person decides to appeal any decision made by the City
Council with respect to any matter considered at such meeting or
12/17/81 hearing, he will need a record the proceedings and for such
Fpurpose, he may need to ensure that a verbatim record includes
the. testimony and evidence upon which the appeal is to be bask!.
CITY OF TAMARAC, FLORIDA
REGULAR CITY COUNCIL MEETING
DECE14BER 23, 1981
CALL TO ORDER: Vice -Mayor Disraelly called the Regular City Council.
Meeting to order on Wednesday, December 23, 1981, at 9:30 A.M. in
the City Council. Chambers.
ROLL CALL: PRESENT: Vice -Mayor Irving M. Disraelly
Councilman Irving Zemel
Councilman Philip B. Kravitz
Councilwoman Helen Massaro
ABSENT AND EXCUSED:Mayor Walter W. Falck
ALSO PRESENT: City Manager, Laura Z. Stuurmans
V/M Disraelly called for a Moment of Silent Meditation followed by
the Pledge of Allegiance.
V/M Disraelly asked that two items be Agendized by Consent:
43. Woodmont Plaza - Discussion and Possible Action on louvered
fence in lieu of stucco fence.
SYNOPSIS OF ACTION: AGENDIZED
BY CONSENT.
V/M Disraelly said a letter was received from Barry Eden requesting
a louvered fence in lieu of a stucco fence for Woodmont Plaza. C/W
Massaro MOVED to AGE14DIZE this item for the next meeting. SECONDED
by C/M Zemel.
VOTE: ALL VOTED AYE
44. Tamarac Shopping Plaza - Discussion and Possible Action on
extension of time for installation of sidewalks on 57th St.
and 66th Terr. as required for their amended site plan.
SYNOPSIS OF ACTT014: AGENDIZED
BY CONSENT
V/M Disraelly said a letter was received from David Hannan concerning
Tamarac Shopping Plaza (Shapiro and Abel). C/W Massaro MOVED to
Agendize by Consent this item, SECONDED by C/M Zemel.
VOTE: ALL VOTED AYE
C/M Kravitz MOVED to 7rCESS this meeting until Monday, December 28,
1981, SECONDED by C/M Zemel.
VOTE: ALL VOTED AYE
V/M Disraelly RECESSED the meeting until Monday, December 28, 1981,
at 9:30 A.M.
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MAYOR
ATTEST:
ASSISTANT CITY CLERK
This public document was promulgated at a cost of $
or $ s_3 _per copy, to inform the general public and public
officers and employees about recent opinions and considerations
by the City Council of the City of Tamarac.
APPROVED)BY
C��GNCIL ON