HomeMy WebLinkAbout1992-04-24 - City Commission Workshop Meeting Minutes/mod
CITY OF TAMARACK
7525 Northwest 88 Avenue Phone (305) 722-5900
Tamarac, Florida 33321-2401 O R1 Fax (305) 722-4509
"REVISED 4/22/92
April 16, 1992
NOTICE OF WORKSHOP MEETING
CITY COUNCIL OF TAMARAC, FLORIDA
There will be a Workshop Meeting of the City Council on Friday,
April 24, 1992, at 1:30 P.M. in the Conference Room #1, Tamarac
City Hall, 7525 N.W. 88 Avenue, Tamarac, Florida.
The purpose of this meeting is as follows:
1. Discussion regarding PROPOSED CHARTER AMENDMENTS.
2. Discussion regarding Temp. Reso. #6246 requesting that the
Broward County Board of Rules and Appeals amend Section 4620
of the South Florida Building Code to conform with Florida
Administrative Code Section 17-555.360 and American Water
Works Association guidelines pertaining to cross connection
and back flow prevention control for community water systems.
(tabled on 4/22/92)
The City Council may consider such other business as may come
before it.
All meetings are open to the public.
Pursuant to Section 286.0105, Florida Statutes
Of a person decides to appeal any decision made by the city Patricia Marcurio
Council with respect to any matter considered at such meeting or Acting City Clerk
hearing, he will need a record of the proceedings and for such
PM/kj purpose, he may need to ensure that a verbatim record includes
the testimony and evidence upon which the appeal is to be based
THE CITY OF TAMARAC IS AN EQUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINATE ON THE BASIS OF HANDICAPPED STATUS
CITY OF TAMARAC
7525 Northwest 88 Avenue
Tamarac, Florida 33321-2401
April 16, 1992
NOTICE OF WORKSHOP MEETING
CITY COUNCIL OF TAMARAC, FLORIDA
Phone (305) 722-5900
Fax (305) 722-4509
There will be a Workshop Meeting of the City Council on Friday,
April 24, 1992, at 1:30 P.M. in the Conference Room #1, Tamarac
City Hall, 7525 N.W. 88 Avenue, Tamarac, Florida.
The purpose of this meeting is discussion regarding PROPOSED
CHARTER AMENDMENTS.
The City Council may consider such other business as may come
before it.
All meetings are open to the public.
Carol A. Evans
City Clerk
CAE/kj
THE CITY OF TAMARAC IS AN EQUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINATE ON THE BASIS OF HANDICAPPED STATUS
City Council Workshop Meeting
4/24/92/KJ
Page 1
CITY OF TAMARAC
CITY COUNCIL NORKSHOP MEETING
FRIDAY, APRIL 24, 1992
CALL TO ORDER; Mayor Bender called this meeting to order on
Friday, April 24, 1992, at 1:30 p.m. in Conference Room #1 of
Tamarac City Hall, 7525 Northwest 88 Avenue, Tamarac, Florida.
PRESENT:
Mayor H. Larry Bender
Vice Mayor Henry Schumann
Councilman Joseph Schreiber
Councilman Norman Abramowitz
Councilman Irving Katz
ALSO PEZaENT :
John P. Kelly, City Manager
Dina McDermott, Assistant City Manager
Mitchell S. Kraft, City Attorney
Patricia Marcurio, Acting City Clerk
Karen Jackson, Secretary
******************************************************************
1. Discussion regarding PROPOSED CHARTER AMENDMENTS.
Mayor Bender said at a previous meeting, Council discussed the
following items as proposed Charter Amendments: single -member
districts, redistricting, compensation and expenses, raise in
salary, Sections 8.02, 4.05B and 4.02, oaths of office, expenses
and vacations.
Single -member Districts
C/M Abramowitz said he feels that the single -member district
affects the person who represents that particular district. He
said in one of the neighboring cities, there is a person who will
be an elected official forever due to having complete support from
his district. He said when a person runs for office city-wide,
there is a responsibility to everyone in the City. He said there
is one district in the City which is becoming too populated and
may determine the election results in the City. He said it would
be a disservice to the residents to run in single -member
districts.
V/M Schumann said this particular section of the City will be
heavily populated in the future and will be able to control all
four districts in the City. He said if a person runs district -
wide, that person would handle his district, but would be checked
and balanced by the other three districts.
C/M Katz said he agrees with V/M Schumann and the City has to take
from District 2 in order to conform with the Charter. Discussion
was held regarding a city-wide election.
C/M Schreiber said the City should encourage more people to run
for office and make it so that they can afford to run for office.
C/M Abramowitz said if a person wants to be a responsible elected
official, then he had better not go against his particular
district.
V/M Schumann said an elected official does not diminish his
responsibility by running in a single district and is a City
official for the entire city.
Mayor Bender asked if there is any information regarding single -
member districts and Mr. Kelly said he can access this information
and also the pros and cons of these systems which are available in
the Model City Charter.
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4/24/92/KJ
Page 2
Redistricting
C/M Katz said the Redistricting process needs to be overhauled. He
said the way the Charter is written, it allows for the Charter
Board to be a part of the redistricting process. He said the
participation of the Charter Board is something to placate the
Charter Board and not a necessary function of the redistricting
process.
C/M Abramowitz said the Charter states that the Redistricting
Committee shall be the final authority. He objected to this
statement. He said the City has a Planning Commission; however,
they are not obligated to make the final decisions either. He said
he does not feel that there is anything wrong with the Charter
Board being involved with the redistricting process, but the only
body that can put the recommendations out to the voters is the
City Council. Discussion was held regarding this.
C/M Katz said he is looking for a referendum to amend that portion
of the Charter which states that the decision of a layboard is not
final and that the Charter Board is not a participant in the
redistricting process. Discussion was held regarding this.
Mayor Bender said the law is very specific about the way the
districts are split.
Mr. Kelly said all have agreed that the Charter should be the
framework for the City. He said there is a lot of superfluous
information in the Charter which does not need to be there. He
said with allowing the Charter Board to participate in the
redistricting process, Council can choose who they want to be as
an advisory board. He said if this is placed in the Charter,
Council is limited in the future.
Mayor Bender asked for a Consensus in the elimination of a
layboard's right to have the final decision in the redistricting
process.
CONSENSUS OF OPINION:
V/M
Schumann
- NAY
C/M
Schreiber
- AYE
C/M
Katz
- AYE
C/M
Abramowitz
- AYE
Mayor Bender
- AYE
Mayor Bender asked for a Consensus regarding the Charter Board not
participating in the redistricting process.
CONSENSUS OF OPINION:
Compensation
V/M Schumann - NAY
C/M Schreiber - AYE
C/M Katz - AYE
C/M Abramowitz NAY
Mayor Bender -- NAY
C/M Katz said he feels the Mayor and Council are grossly underpaid
and suggested that the City Council be raised to $6,000 and $7,200
for Mayor.
Mayor Bender requested an Expression of Interest to have this
itemized for the Regular Meeting Agenda.
EXPRESSION OF INTEREST:
Expenses
ALL AGREED
Mayor Bender requested an Expression of Interest to have this
itemized for the Regular Meeting Agenda.
EXPRESSION OF INTEREST:
ALL AGREED
�1
C/M Abramowitz questioned the process of submitting vouchers.
Discussion was held regarding the way the expense accounts are
City Council Workshop Meeting
4/24/92/KJ
Page 3
TAPE
handled in the City.
Section 8.03/Duties and Powers of the Charter Board
C/M Schreiber said the duties and powers include the
investigations, subpoenas, sworn witnesses, testimonies and other
such items.
2
C/M Abramowitz said if the Charter Board does what it is supposed
to do by reviewing the Charter and recommends amendments to the
Charter, it is a great service to the City. He said the Charter
Board does not have subpoena powers and has established a set of
rules and procedures whereby anyone can follow them. Discussion
was held regarding Section 8.02, Paragraph (b) of the Charter.
C/M Katz suggested that Section 8.02(b) be eliminated completely
and revise 8.02(c) adding the words, "as it affects the budget of
the Charter".
C/M Abramowitz said the State's Attorney rules that it is the
obligation of the City to educate its public on any items which
appear for referendum.
Mayor Bender requested an Expression of Interest to have this
itemized for the Regular Meeting Agenda.
EXPRESSION OF INTEREST:
ALL AGREED
Mr. Kelly said Section 8.03 ties into 8.02; however, if 8.02 is
not successful, it affects the outcome of 8.03.
Section 4.05(b)/Vacancies, Forfeiture of Office
C/M Abramowitz expressed his dissatisfaction with this. He said if
a member of Council is excused from a meeting, he should not be
rendered useless.
Mr. Kelly said the Charter does not provide for excused or non -
excused absenses. Discussion was held regarding this.
CONSENSUS OF OPINION: ALL AGREED
Section 4.02—Council Elections/Terms/Qualifications
C/M Abramowitz said discussion had been previously held regarding
the terms of office. He said it had been the suggestion of the
Charter Board that there may be a better possibility with the
public to go to three terms at three years.
C/M Katz said this had been broken down to two separate
suggestions which were to change the terms of office from two
years to three years and the other was to change the succession of
terms. He said there is a possibility that the public may not vote
in favor on both issues.
C/M Schreiber suggested this be held until after the lawsuit
regarding Section 4.02 is finalized.
Discussion was held regarding the terms and the mayoral race
between districts.
CONSENSUS OF OPINION:
ALL AGREED
C/M Abramowitz suggested this be a priority at the next meeting.
Section 5.05—Oath of Office
Mr. Kelly said he does not object to issuing the oath of office;
however, it is not reasonable for the City Manager to maintain all
of the oaths of office in his office or the oaths of every
employee in the City.
C/M Katz said this should be maintained in the City Clerk's
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4/24/92/KJ
Page 4
office .
Section 4.06—Council vacations
Mr. Kelly said it should not be a provision in the Charter stating
that Council must take a vacation during a specific time period.
He said Council should establish its own rules and procedures,
outside of the Charter, for vacation time.
CONSENSUS OF OPINION: ALL AGREED
2. Discussion regarding Temp. Reso. #6246 requesting that the
Broward County Board of Rules and Appeals amend Section 4620
of the South Florida Building Code to conform with Florida
Administrative Code Section 17-555.360 and American Water
Works Association guidelines pertaining to cross connection
and back flow prevention control for community water systems.
(tabled on 4/22/92)
Mr. Kraft read Temp. Reno. #6246 by title.
C/M Abramowitz said the Broward League of Cities has received four
or five presentations by the Board of Rules and Appeals regarding
the back flow prevention. He said every building should have a
back flow preventer.
C/M Katz said the Board of Rules and Appeals had commented that it
was mandatory for multi -family units of three units or more and
the rest were optional with the provider of the water, which is
the City.
C/M Abramowitz said the law reads one way and the interpretation
of the people who regulate the law is another. He said the City's
Chief Building Official, who is guided by the South Florida
Building Code is a third interpretater. He said the Building Code
states that the provider of the water has the right to make the
decision.
C/M Abramowitz said the City was misguided by the Board of Rules
and Appeals and was going around requiring everyone to have a back
flow preventer, which required a yearly inspection and the only
person who could do this inspection was a licensed plumber.
C/M Abramowitz said there are certain places which need a back
flow preventer and the rule states that any building with three
stories or less had the right to make the decision. He said the
Chief Building Inspector is required to follow the Building Code
which requires the back flow preventer. He said the City has the
right, as the provider of the water, to say whether or not it is
necessary.
Discussion was held regarding the back flow preventer
requirements.
C/M Abramowitz said Council needs to give appropriate direction to
Dan Wood, Chief Building Official.
Mr. Wood read from the South Florida Building Code which was
amended on September 1, 1991.
C/M Katz said Mr. Wood is required to comply with the South
Florida Building Code.
Mr. Wood said the confusion concerns the individually metered
units. He said if there is a three story or less condominium or
rental apartment, which does not have its individual meter per
unit, then the back flow preventer is required.
Discussion was held regarding this.
I
C/M Abramowitz said most of the cities do not agree with this. He
said he feels that a three story complex has no need for a back
flow preventer. Discussion was held regarding this.
TAPE
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City Council Workshop Meeting
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Page 5
Mayor Bender said this is to prevent contaminants from coming into
the building.
C/M Abramowitz said the requirement of back flow preventers is a
rip off.
Mr. Kelly asked if Council is in favor of this resolution.
CONSENSUS OF OPINION:
3
ALL AGREED
Mr. Kelly said there are many questions regarding the recycling.
Mayor Bender said the recycling containers are randomly placed
everywhere throughout the City and it behooves the City to do a
survey throughout the City for those residences that are
temporarily vacant due to vacations or other such situation.
C/M Abramowitz said there are always problems with new situations.
Ms. McDermott said the City will complete the distribution and
then go back through the City to correct this.
With no further business, Mayor Bender ADJOURNED this meeting
at 3:05 p.m.
CAROL A. EVANS
CITY CLERK