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HomeMy WebLinkAbout1991-10-11 - City Commission Workshop Meeting MinutesCITY OF TAMARAC 7525 Northwest 88 Avenue Tamarac, Florida 33321-2401 October 7, 1991 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, October 11, 1991, at 9:00 a.m. in Conference Room #1, Tamarac City Hall, 7525 N.W. 88 Avenue, Tamarac, Florida. 1. The purpose of this meeting is to discuss possible Charter Amendments. 2. PUBLIC_ PARXICIPATION - Any member of the public may speak to any issue which is on this meeting notice. Speakers will be limited to three minutes during this item and at public hearings. There will be a thirty (30) minute aggregate time limit for this item, and speakers are encouraged to sign up in advance with the City Clerk prior to their participation. The City Council may consider such other business as may come before it. All meetings are open to the public. In the event this agenda must be revised, such revised copies will be available to the public at the City Council meeting. Carol A. Evans City Clerk CAE/kj T HE CITY OF TAMARAC IS AN EQUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINATE ON THE BASIS OF HANDICAPPED STATUS City Council Workshop Meeting 10/11/91/KJ Page 1 CITY or TAMARAC CITY COUNCIL WORKSHOP MEETING FRIDAY, OCTOBER 11, 1991 CALL _TO__ORDER: Mayor Abramowitz Called this meeting to order on Friday, October 11, 1991 at 9:00 a.m. in Conference Room #1 of Tamarac City Hall, 7525 Northwest 88 Avenue, Tamarac, Florida. Mayor Norman Abramowitz Vice Mayor Dr. H. Larry Sender Councilwoman Diane Glasser Councilman Henry Schumann Councilman Irving Katz ALSO PRESENT: John P. Kelly, City Manager Dina McDermott, Assistant City Manager Alan F. Ruf, City Attorney Carol A. Evans, City Clerk Karen Jackson, Secretary ****************************************************************** 1. The purpose of this meeting is to discuss possible Charter Amendments. Mayor Abramowitz said in a previous Council meeting, Council had found that the following items needed further discussion which are the vacation schedule, limitations on terms and possibly the method that the City Manager and elected officials are paid. Mayor Abramowitz referred to the Interoffice Memorandum from City Attorney Ruf and the Ordinance from Cooper City. (See Attachment 1) He said Cooper City removed from their Charter, the requirement that the Utility Department does not need to go to Referendum if there is an emergency declared. Melanie Reynolds, resident, expressed her concern regarding the history of the Utility Department and the Charter. City Attorney Ruf said that the City Clerk advised him that the City owned Tamarac Utilities East at the time the Charter was originated. He said he feels that Charter would prohibit the City from spending anything over 2.5% of the combined budgets, whether it be Utilities, Public Works or any other department. He said this is a suggestion that the City specifically exclude expenditures. C/M Katz requested clarification of the 2.5% expenditure of the combined budget. City Attorney-Ruf said historically, the City has placed the Utility and General Fund budget together and it has been computed at 2.5%. He said any time that there was a question as to whether or not there was enough money in the budget, the Funds were combined. He said these decisions were made on a case by case basis. C/M Katz requested some type of declaratory statement showing that what is being done by the City is legal and City Attorney Ruf said the fact that the City Attorneys may have interpreted it that way, means that it is not inappropriate to clean that particular issue up. City Attorney Ruf said more than one proposed change can be done at one time. City Council Workshop Meeting 10/11/91/Ki Page 2 Mayor Abramowitz said this has a priority based on the fact that a situation could arise where Council or the City Manager needs to declare an emergency. C/M Katz said he does not want to be placed in the position of doing something that is considered incorrect. Mayor Abramowitz said this is being given to the public to vote on. C/M Schumann asked if Council is working with the General Fund, Utilities or both for the determination of the 2.5%. He said all of the money is part of the City's budget and the whole is equal to the sum of its parts. Discussion was held regarding the separation of the budgets. City Manager Kelly asked if the amount of money limited what the City can use as a criteria for the.Referendum issue if Council takes the position of the Cooper City proposal. He said both options need to be addressed. .. C/M Katz said he would like to see both budgets defined and Mayor Abramowitz agreed. City Attorney Ruf saidhe will prepare two different proposed ordinances for Council review if there is a consensus as to the Utility issue and what the current budget means. Discussion was held regarding the various ways to present the Referendum to the public. Mayor Abramowitz asked if the Utility portion was passed, would it remain as 2.5% of the General Fund and City Attorney Ruf said it would be more difficult for the City Attorney to agree to putting the two budgets together. C/M Schumann said the 2.5% of the General Fund budget is not enough money to work with. C/M Katz said he would like to know how much money is available to spend. Mayor Abramowitz said no one proposes to spend a large amount of money without approval from Council or to Referendum. He said in the event of an emergency, the money needs to be available. C/M Katz said whatever is going to be done, should be legal and the time to address it is prior to the need for the money. City Attorney Ruf said any time Council is going to pledge ad valorem tax dollars, it must go to Referendum and any time the City is going to use the taxing power as the security for the loan, it must go to Referendum. He said this discussion refers to pledging revenue streams, such as sales tax revenues, recreation fees and with Utilities, the revenue streams from billing clients. He said historically, 2.5% was used from the budget, but Council could state anything over one million dollars would require a Referendum if the City was using something other than ad valorem taxes. City Attorney Ruf said 2.5% of the budget was used based upon the escalation of the budget and Council could set a dollar value. He said a Referendum is only needed when the City is borrowing funds. V/M Bender said the City is constantly growing. He said he feels that too many Referendums on the ballot is confusing. He said he would like to see one Referendum with two parts on it. He suggested one part regarding the increase in the cap from 2.5% to possibly 5% or 7% and the other to exclude from the budget 11 City Council Workshop Meeting 10/11/91/KJ Page 3 anything dealing with utilities. City Attorney Ruf said the City can only have one issue on each Referendum. He said the issue could ask if the City should amend Section 7.13 with respect to these items. He said he will create a proposal for Council consideration. C/M Schumann recommended Council utilize the same language that is in Cooper City's proposal. Joe Schreiber, resident, expressed his opinion regarding the budget. Mayor Abramowitz said the Government will be mandating the City spend a certain amount of money on the Storm Water Drainage System with a matching dollar amount required by the City. He said time limits will be placed on this situation and the City cannot go to Referendum whenever it is necessary. He said the money needs to be available in case of emergency situations or a local disaster occurs. C/M Katz said the Council needs to be prepared to differentiate the benefits of Utilities West to the people that are paying for it versus those from Utilities East. He said if a particular project is going to benefit the entire City, the question arises whether the City can take funds which are paid for by one section of the City and allow it to benefit others who had no participation in building that fund. He said he would prefer to increase the 2.5% to whatever is reasonable rather than taking the two separate budgets. Discussion was held regarding this. C/M Schumann said if the City is working with the ad valorem budget, the City needs to go for an increase and the utilities are not involved. City Attorney Ruf said Section 7.12 allows the City Manager to make emergency expenditures in a true emergency situation but would not spend a large amount of money without concurring with the Council. He said 7.13 talks about capital facilities not expenditures and Mayor Abramowitz agreed. V/M Bender said Council should concentrate on all of the priority one items. Mayor Abramowitz asked how many questions should be on the Referendum and C/M Schumann said a maximum of three. C/M Katz said the housekeeping items and more severe questions should be mixed for the upcoming three opportunities and he suggested five questions be placed on the Referendum. C/W Glasser said she feels two or three are sufficient for an election. Mayor Abramowitz said five should be a maximum. Discussion was held regarding the size of the ballot for the upcoming election. Mayor Abramowitz said the Representative of the Attorney General had stated that it is the duty and,obligation of the City to spend public funds to promulgate anything that is beneficial to the City. Mayor Abramowitz referred to the previous priority list. He said the initiative for a Referendum done by the public and the number of signatures needed in order to place the item on the ballot had been discussed and it does not set a prescribed timeframe for gathering signatures. C/M Katz said the City is in contradiction to the State Statutes which says that 10% of the signatures are required and the Charter City Council Workshop Meeting 10/11/91/KJ Page 4 shows 7.5%; therefore, the State Statutes should preempt the Charter. Mayor Abramowitz said the most restrictive of the two should prevail. C/M Schumann asked if the City must go to Referendum or can it be done by Operation of Law and City Attorney Ruf said it must be done by Referendum. City Attorney Ruf said a Charter can be more restrictive than a State Statute. He said there is no prohibition under Florida Law to use Enterprise Funds for anything other than ad valorem taxes for bonds. He said most municipalities in Florida have no Referendum requirement for the pledging of anything other than ad valorem taxes for a bond issue. V/M Bender said where the Statutes supersede the Charter, housekeeping should be done to conform with the State. TAPE 2 City Attorney Ruf said a housekeeping effort indicates that many of these sections are in conflict with the State Statutes. Discussion was held regarding housekeeping items. Mayor Abramowitz asked if it is possible to state in a Referendum that any provisions that conflict where the County, State or Federal Government will supersede the Charter will be amended to comply and City Attorney Ruf said this cannot be stated in one question. He said each issue must be addressed separately. C/W Glasser said there are three opportunities to place items on for Referendum. She suggested Council review this carefully and look for items for the March election. Mayor Abramowitz said most of the interest was toward the limitation of terms and C/W Glasser said the limitation of terms will not take effect until the following year. Mayor Abramowitz said he feels the budget percentage increase and taking the Utilities and Engineering out of the cap are important issues. V/M Bender said Section 7.18 - Utilities', should be a priority and Mayor Abramowitz agreed. V/M Bender said he had Article 8 regarding the Charter Board listed as a priority. Mayor Abramowitz said the Charter Board felt that they had every right not to have to come before Council in order to place anything on the Referendum. He said it was brought up that if a body does not have the power to tax then they do not have the power to legislate. He said after much discussion, it was decided to derive the language indicating that it is a joint approach on the ballots. C/M Katz suggested eliminating Section 8.02, Paragraph B, which reads, "The Board shall consider and propose the duties and powers of the Charter Board. The Board shall consider and propose amendments to the Charter. The Board, by a vote of at least three affirmative votes, shall have,the right to submit such proposals to Referendum at the next City-wide election." Discussion was held regarding the elimination of this verbiage. C/W Glasser asked what the Charter Board is and what is its' performance. City Attorney Ruf said the duties and the powers of the Charter Board are whatever the Charter states their duties and powers are. He recited the history of the Charter Board and the City Attorney dating back to the early 197.0's. C/M Katz said history shows that for 10 years the City Attorney represented every Board and Committee in the City. City Council Workshop Meeting 10/11/91/KJ Page 5 C/M Schumann said the Charter Board has no authority to subpoena and cannot grant immunity; therefpre, some of the language under the Charter Board's description is incorrect. City Attorney Ruf said the normal function of a Charter Board is to review the Charter on a systematic basis every five years, to see where there may be faults or where it comes in conflict with the State Statutes. He said then their duty is to make recommendations to Council for review and Council is the sole determiner of what might or might not go on the ballot. He said Tamarac has a very unusual public body and every opportunity to diminish the powers or take something away has always failed. C/W Glasser said perception dictates that elected officials are always trying to do the public out of something. She said she does not feel that this perception will ever change among the voters. She said she has no problem with having a Charter Board as long as there is no interference with Legislature. City Manager Kelly said this also pertains to interference with Staff members. He said Staff is placed in the middle of Council and Charter Board disagreements and allegations. Mayor Abramowitz recommended that Council review the expenditures and accomplishments over the past four years of the Charter Board. Discussion was held regarding this. C/W Glasser said she feels the biggest problem is personality conflicts between Council, Staff and the Charter Board and Mayor Abramowitz said personality cannot be legislated. Discussion was held regarding this. C/M Schumann said the Charter Board has no more authority than any private citizen in the City. He said they do an investigation and then turn it over to the State's Attorney, which any member of the public can do. He said Section 8.02 needs to be removed from the Charter. C/W Glasser asked if Council can aggregate the duties of the elected Charter Board. City Attorney Ruf said Council would have to change Section 8.02 of the Charter, removing the current power to investigate and limit their powers to reviewing and making recommendations regarding the content of the Charter. He said the fact that the City has an elected Charter Board is one issue and the duties and powers of the Charter Board is a complete separate issue. He said Council can place on the ballot, wording to change the complexion of their function from being proactive to being reactive to a review of the Charter on a regular basis. V/M Bender recommended that the Boards and Commissions Guide be utilized rather than Section 8.02 of the Charter, which is on Page 20 of Carla Coleman's Report. C/M Schumann said he has no accountability to the Charter Board but to the public. C/W Glasser said the perception of the public is that the Charter Board is present to protect the public's interest and to make sure that there is no misfeasance. C/M Katz said he agrees with C/M Schumann to change the wording in Section 8.02 of the Charter. V/M Bender said there is enough publication regarding the duties of the Charter Board which should be considered and Section 8.02 should be revised to comply with the general acceptance in the Boards and Commissions Guide. City Council Workshop Meeting 10/11/91/KJ Page 6 City Manager Kelly said every City needs a Charter Board; however, Tamarac's Charter Board has not filled the function properly for the City due to being caught up in investigating and chasing after the Council which has not been in the City's best interest. He said the Charter Board needs to review the Charter and make recommendations to Council for the appropriate changes to the Charter. V/M Bender said he feels that the performance to comply with the duties and powers will be addressed after the duties and powers are identified. Further discussion was held regarding this. City Attorney Ruf said he understood by the conversation that V/M Bender and C/M Schumann would like the Charter Board's function to be to review the Charter and propose amendments to the Charter and that C/M Katz and C/W Glasser said that they are not terribly concerned that the Charter Board would have the right to do investigations. Mayor Abramowitz said there have been many inconsistencies and abuses by the Charter Board over the years. He said he would like to review the list of the delineations of the powers that have been discussed in this meeting and what are currently in the Charter. TAPE 3 Mayor Abramowitz said he has no problem with a citizen going to the Charter Board for help on a complaint or concern. C/W Glasser said Council needs to take into consideration that a lot of the aggravated situations have been fueled by one elected official against another which must discontinue. Mayor Abramowitz gave an example of the actions of the Charter Board regarding an investigation they did on his endorsements. C/M Katz said he feels the Charter Board should remain in existence to provide the proper services to the City and the public. City Attorney Ruf said he will prepare the appropriate documentation for review by Council. Mayor Abramowitz said the terms of office and the Charter Board needs to be discussed at the next meeting. He said the expenses/compensation is a sensitive item and should be handled for the September, 1992 election and all agreed. 2. PUBLiC_ PARTICIPATION - Any member of the public may speak to any issue which is on this meeting notice. Speakers will be limited to three minutes during this item and at public hearings. There will be a thirty (30) minute aggregate time limit for this item, and speakers are encouraged to sign up in advance with the City Clerk prior to their participation. Melanie Reynolds, resident, expressed her concern regarding the Charter being changed by Council. She said the Charter belongs to the people. Mayor Abramowitz said once Council has made its determination of the proposed changes to be made, public hearings will be held. Nathan Peretzman, resident, said he feels that Section 8.02 of the Charter should be corrected. Mae Schreiber, resident, said she feels that Council is doing the appropriate thing by making recommendations to the public for these corrections. City Council Workshop Meeting 10/11/91/KJ Page 7 Joe Schreiber, resident, expressed his concern regarding the problems that may arise if the Charter Board is eliminated or restricted. He said the Charter does need to be revised. Mayor Abramowitz said it is the responsibility of the elected officials to make difficult decisions and be bound by those decisions. ' City Manager Kelly said the mature,driving classes have been very successful and there have been requests to continue with these classes. He requested recommendation from Council for continuance. CONSENSUS OF OPINION: ALL AGREED City Manager Kelly said that conferences and seminars can be invaluable as to how the City is operated. He said there is a Range Writer Program where they have some retired City Managers conduct reviews of a City's operation and make suggestions to make the operation more efficient and effective. City Manager Kelly said he would like to try this as an experiment with other local municipalities and meet with the various City Manager's for suggestions and ideas. He said he feels this would be very cost effective and good for public relations rather than the various conferences or seminars that cost a great deal of money. City Manager Kelly said Council attends a couple of conferences during the year. He said there are some very important conferences scheduled throughout the country that give Council people different insights and perspectives on the problems that the City has or on areas of concern. City Manager Kelly said Council's expense account is limited and some of these conferences have a high cost factor. He said last year he had attended a program sponsored by the University of Central Florida called, "A Local Government Leader's Public Policy Forum", which was conducted by the Harvard Business School. He said this was a very intense program with a cost of $600. He said he has been asked to recommend two people from the community or from Broward County to attend this. He said he would prefer to recommend two participants from Tamarac which can only be one elected and one appointed official. City Manager Kelly recommended that Assistant City Manager Dina McDermott attend as the appointed official. He said the money has been budgeted for her to attend this program. He said the price for the program this year is $650. He said he feels to take this from Council's expense account would be unfair and suggested Council go to the Special Services Fund, which has $2,500 for impromptu items that may come up during the year or to go to Contingency to authorize this expenditure. Mayor Abramowitz said he is not interested in attending this program. He asked how long this program is and City Manager Kelly said it is a three day program and is located in Central Florida. City Manager Kelly requested that Council consider placing this on the Agenda for determination of where the money should come from to pay for this program. CONSENSUS OF OPINION: ALL AGREED C/M Katz said he and C/W Glasser are going to attend a conference in Tallahassee and he had suggested that the expense for the trip come from the Special Services Fund rather than the expense account. He said Council has a $2,000 expense account and trips cost money. He said he has no problem paying out-of-pocket for things that are not City business; however, he does have a City Council Workshop Meeting 10/11/91/KJ Page 8 problem in trying to do the City's business and not being able due to not having the appropriate funds in the account. Mayor Abramowitz said he pays for his trips out-of-pocket if not out of the expense account. He said he has always objected to the way the expenses are handled. He asked if the City is breaking any laws regarding this. City Attorney Ruf said if Council legislatively determines that this is in the City's interest, then public funds can be expended. City Manager Kelly said the Council member that attends this program can baring back the information and share with the others. EXPRESSION OF INTEREST: ALL AGREED City Manager Kelly said a Program on'Economic Development meeting was held on Wednesday. He said the first concern was regarding economic development based on community redevelopment activities for economic development protecting the cities against blight. He said the main focus was on filling vacant retail stores. He said a number of concerns in the City mere discussed. C/M Katz said the fact that Tamarac has several shopping centers with many vacant stores is what prompted the discussion. He said Florida Statute Chapter 163 allows for the City to go into a community redevelopment program to have a separate corporation and extend help under a SBA504 and other grants that may be available to help in this situation. He said Tamarac has the right to try to prevent blight from occurring in the City. City Manager Kelly said Kelly Carpenter, Director of Community Development, was asked to create an analysis to show where the City's permit fees and rate structures fall compared to other cities. C/M Katz said Tamarac's lower tax base needs to be taken into consideration. City Manager Kelly said the support from the Chamber of Commerce people who attended the meeting was very'good and a report will be given to Council when completed. C/W Glasser said when the letter came in from Attorney Siegel regarding the Hart case, City Attorney Ruf had stated that a legal opinion would be given. She expressed her concern about being threatened over the phone by -a member of the Jaycees. She requested an opinion by the City Attorney regarding Council protection. V/M Bender said he was also contacted. City Attorney Ruf said he has taken from toe Attorney General's opinions and from the Courts, the decisions that have to do with the payment of public officials' legal fees. City Attorney Ruf read from an Attorney General's opinion from July 8, 1985, "I am of the opinion that the City of Kissimmee is authorized to pay for the defense of its former City Manager. TAPE 4 The Commission on Ethics found no probable cause and dismissed the complaint, where the City's governing body determined that the alleged misconduct arose from the performance of his official duties and while serving a public purpose." City Attorney Ruf said there is a two -fold test as to whether or not it arose within the performance of a public duty and whether or not it serves a public purpose. He continued to read, "However, the determination as to whether the acts alleged in the 11 City Council Workshop Meeting 10/11/91/KJ Page 9 complaint against the former City Manager arose from the Manager's official duties and whether a public purpose was being served at the time of such acts is a mixed question of law, in fact, which is beyond the authority of this office to answer. It would appear that such determination must initially be made by the governing body of the City of Kissimmee based on the factual evidence as the governing body may require to make such determination." City Attorney Ruf said there are two other cases he would like to read and discuss. He read, "The Statute recognizes the commonwealth principal that a public officer is entitled to representation at public expense in a lawsuit arising from the performance of official duties while serving a public purpose. To deny a public official representation for acts reportedly arising from the performance of his official duties, would have a chilling effect upon the proper performance of his duties and the diligent representation of the public interest. Our study of the Statute leaves us to conclude that there was the intention in the Legislature that the primary determinator as to the allowance of Council be placed on the respective governmental unit rather than with a judiciary. Our view is buttressed by the fact that a Court is not in the position to determine whether an officer, agent, servant or employee has acted in bad faith or with a malicious purpose until the case has been terminated on the merits. At such a point, legal services, then being provided by the agency, have been substantially concluded. Consequently, we find that the activation of the Statute is primarily an executive function." City Attorney Ruf read from the last case, "There is no doubt a valuable public purpose is served in protecting the effective operation and maintenance of the administration of a public office. If a public officer is charged with misconduct while performing his official duties and while serving a public purpose, the public has a primary interest in such a controversy and should pay the reasonable and necessary legal fees incurred by the public official in successfully defending against unfounded allegations.'Therefore, we affirm the final summary judgment holding a penalty properly expended public funds for payment of attorney's fees incurred by him in successfully defending charges of official misconduct before the Florida Ethics Commission." City Attorney Ruf recommended that Council wait for the conclusion of the finding of,the Ethics Commission prior to agendizing this for payment; however, he is aware that in a neighboring City, a substantial amount of funds were expended from the public to defend a public,official prior to the conclusion to the action.,He said if Council were to decide to prefund legal expenses, Council would have to find that former Mayor Hart was acting in his official duties and serving a public purpose, at which time, he would agree that this were a proper expenditure of public funds. City Attorney Ruf said if Council prepaid his legal services and the Ethics Commission were to find that he did act improperly and former Mayor Hart did not appeal the decision, then the City would havea cause of action against former Mayor Hart to return the money to the City. He recommended that there is no obligation to prepay the legal fees until such time as there is a final determination by the Ethics Commission. Mayor Abramowitz said there was a very obvious threat in the letter and City Attorney Ruf said he is included in the threat. Mayor Abramowitz said the determination of the Ethics Commission is most important. He said he feels Council should wait to approve payment for the finding of the Ethics Commission. City Attorney Ruf said there is no existing case law that says City Council Workshop Meeting 10/11/91/KJ Page 10 that a City should pay legal fees of someone who is found guilty by the Ethics Commission. He said that does not mean that the City is not prohibited to pay. V/M Bender said the Florida League of Cities carries insurance on this and they rendered a temporary opinion that they need additional information for them to finalize their opinion. He said the Siegel letter should become part of the documentation to resubmit back to the Florida League of Cities for them to reconsider their preliminary determination. He said the City can get the money from the insurance to make the payment. He said Council needs to make a decision, but should not cease contact with the Florida League of Cities. City Manager Kelly said Susan Tillman,.Risk Manager, has been directed to handle this. City Attorney Ruf said they have made a specific public records request that the City must respond to. He said it may take some time to gather the information. V/M Bender said the information should be forwarded to the Florida League of Cities for review and reconsideration. Mayor Abramowitz asked when the final hearing is to be held and City Manager Kelly said October 25, 1991. City Attorney Ruf said the City can prepay the legal feels if Council finds former Mayor Hart was acting in his official capacity and for a public purpose. He said Council can agendize this item and Council has the legal right to prepay his legal fees. C/M Katz asked if there is recourse for recovery of funds if he is found guilty and City Attorney Ruf said, yes. City Attorney Ruf said even if the Ethics Commission finds that he was not serving a public purpose, that does not mean that Council could not find whether or not he was serving a public purpose. C/M Katz asked if the City has the right to recover the funds if the Ethics Commission found him guilty and City Attorney Ruf said, yes, but if he is exonerated by the Ethics Commission, he is entitled to have his legal fees paid. City Attorney Ruf said Council may want to consider the amount of money needed to continue with his hearings and possibly provide that amount to former Mayor Hart. He said Council could hold a special meeting next week and find that he was acting in his official capacity, was providing a public service and pay the money. With no further business, Mayor Abramowitz ADJOURNED this meeting at 11:35 a.m. AROL� A. EVANS - CITY CLERK "'This public document was promulgated at a cost of $202.63 or $4.50 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." d/ &ZOtIcd C I T Y O F T'A M'A R A C A INTEROFFICE MEMORANDUM C/A NO. 9110-9802 TO: Mayor and Council Members FROM: Alan F. Ruf, City Attorney SUBJECT: CHARTER SECTION.1.13 DATE: October 8, 1991' ,.___.. --------------- a ----------- _____________--________.._____ Find attached amendments) to the Cooper City Charter which I have prepared with respect to a charter section similar to our Section T.'13; you will remember I discussed this at your workshop,me�tng yesterday. If you have any, questions them. ,''I would be happy to answer i i i AFR:beo Attachment i cc: John P. Kelly, City Manager Thelma Fagel.baum, Acting Finance Director Michael Couzzo, Assistant City Manager/Public Services Director j OCT_so 8-9 1 TUE a : 27 R:UF&C e-4R'-Z-;K`1 F F+ P . 0 CITY OF COOPER CITY ORDINANCE NO., AN ORDINANCE OF THE CITY OF COOPER CITY, FLORIDA PROPOSING AST AMENDMENT ;TO ARTICLE V, SECTION 5.15, "REQUIREMENTS FOR REFERENDUM", PROVIDING THAT! THIS PROVISION' SHALT, NOT BE APPLICABLE TO EXPENDITURES!INVOLVING THE WATER AND SEWER UTILITIES, OF TH;E'CITY,OR FEDERAL OR STATE MANDATEDEXPENDITURES; PROVIDING FOR THE REMOVAL OF SURPLUS LANGUAGE NO LONGER APPROPRIATE FOR INCLUSION IN,, THE SECTION; PROVIDING THAT IF THE PROPOSED AMENDMENT IS APPROVED BY A MAJORITY OF THE VOTES AT THE ELECTION, THEN SUCH AMENDMENT SHALL BECOME A' PART OF THE CITY CHARTER UPON CERTIFICATION' AND ' ACCEPTANCE OF THE ELECTION RESULTS; PROVIDING FOR CODIFICATION; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; AND. PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter Board and the City Council of the City of Cooper City have agreed that it would be in the best interest of the citizens of the City of,Cooper City that Article V, Section 5.15, "Requirements for referendum" be amended, and WHEREAS, pursuant to Chapter 15b, Florida Statutes, a public i hearing has been held on',this�'matter,! NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COOPER CITY, FLORIDA:, Section_ i. The following proposed referendum question amending the City Charter shall be 'presented to the electorate of the city of Cooper City at the a election and if the following proposed referendum question is approved by a majority of the electorate '-'at said election, the amendment proposed shall become a Part of the City Charter upon certification and acceptance of the election results: PROPOSED;AMENDMENT 92-1 �+�nrn+ar 'VVD `MnTTTT01P4R 1rMVAT.V'T14(i THE T.AW FXc�t11bE ; REEERENDUM Section 15.15 of the,! Cooper City Charter is amended by provide that{capital purchase or construction for the vatet'and newer utilities or which are mandat4,4 by `:Federajl or state law will be exempt' from the referendum requirements of this Section, and removing excess and ina'ppropr'iate language. Yes Nw - If the proposed amendment is approved, Article V, Section 5.15, "Requirements for referendum" will read as outlined below. 71 U J (Additions to text are indicated b underscore; ore; deletions to the text are strael�hrettgh. ) Section 5.15, Requirements for referendum. The City oif,,Cooper City may borrow money, Contract loans and issue bonds payable from ad valorem taxes and maturing more than twelve months after issue only to finance or refinance capital projects authorized by law and only ',when approved by a vote of the electors of the City. The purchase or construction of a capital project or facility or the purchase of capital e pment, ;the cost 'Of which shall exceed five percent (5%) 'Of the then existing Current budget as adopted for the fiscal, year, and which requires the borrowing of funds by the City or the",issuance ofionds to fund such expenditure shall require prior approval of a majority of the electors voting at an election. da a me 1 lret�irt?retared•ir►g -any-}}m�trrt#•arrs-ear�ta�rred e}3e�rrrcra -i n- tk s- �;- moire--�i-eeeper eftY "eha}} --bc--a�thari•red--br--erc�frtar:rc --ar by- `the - 4ky- - eeur,e-i3-- --&ad wf theat - re€e�endet�r- �*o- ; �setre - �'e�refine-- --af e•---nitatirrr---mot--eee+fi�el $}�; e6e; 6es-te�ay-the-�egbrog-g���ae�rrc�-frets the--eitY--►e#�-��.�,�M...gl.�.��� ,.der --water trt• tiwent---afta ; 44,_,ttr#--Sydtett--mod wa s tte�--tr a et tit-- ••e��-;-d-��--�►ys�x� xrr►k"-thQ- 3t end, .y. .fir- ec�p�rr eity__#t#1-j+fesMP rWiimy d SYetcros; --Mhieh--re*efi"e-t*ral-s- -&h*1-1--kw gayab}e aa-te--prime-ice-&nd•-#ate rest- *&1*4y- -from -the rtverfetear- -err-feeo�rnt -,af-t�--2fty La ewr�rah #•p -ate}-�pCrat#�irr � g -aai�-aya►tanta-- -3en-h xeverrrre - �• .- irii3- - fi n t b r e - =a t --e�rch- - t i �- -p r tierce- o-excee4#eq-4hkZ+Y--(40� -leers--$"a thefx-deter-e>r- dates- -ere- maY-be-- mil, the e�tY-�e�trrcf}-arn�-�r# } -bear-i R r"t-at-the rare-e�f-�$s--r+et -exceed# Kq.. tie-�c-i�x� -rate permitted-et-the-t-i��-bt�-ice f ate..-�--Thai ftY - My. -a}" - �� -barrel - .6,t+CiPet--r►etea rrithet�t-a-refererrd�cx� geryab}c-freer-tyre premeds ef-the-re�►rrterc berg-ker-rfrr-aurtker#-fer-the i•�+preti►�rrQ-bke-saw Nai*v�ftketarrcl�rrg-arty �} }m ftatierra-ec>rtta�rree� . c1-�wherc - i rt;- th#a- �{fir ;- the• �i�y�� �+aepexr Citl*--�ha}}-: be--�rrthar}�- bY--Ore}}rrareee-•••er Rose}rrt4•arr - �d•ap�.�}- }fir -,.the- � - �e�nc� #- -arrd w ft�Kt •- � -Re fe2'el'�tilR - t#?-'tkj�eRci - fi'O!a-'"S13rp Otis the-�--e f_�;o,p¢_e�d--err-e�ityiarr- barrex f�t�s - fie- �-ax+a�trrt - ret-'s~x•i�g•- �4{3�},-0{3t)- -rte paY- the- -cost--ef-ee•nstrIS,;tf r►q; - -and }arrclxap#rfq-e- �u}E�#--F�trp'eaa•�xhit�--termer a n$--e a•�d-e e,-r--- r e-o-r a l�fi-f a ��-- f�} } �t-�s appd a Ertl--theiete--- On- -t+re--OIL --the ex let frig - mar .eipe3 -s i�renri g -pee r - _ban OCT- S-9 1 TUE S 2S, RUF&CARS3 <`r' s F" .c a?xa��-be-Pe�reb�e-f-�r-tire-e'�r-k-erf t}t� �f� ref-�e�aper fifty Section 2. Inclusion into Code'. It is the intention of the City Council that the provisions of this Ordinance shall become end be made a part of the Code of Ordinances and that the sections of this ordinance tray be renumbere'd'or relettered and the words "Ordinance" may be changed to' "Chapter, "Section", "Article" or such other appropriate word or phrase, the use of which shall accomplish the intentions herein expressed. Repealer. All sections or parts of sections of the Code of Ordinances, all ordinances or parts of ordinances and all resolutions or parts of resolutions In Conflict herewith, be and the same, are hereby repealed tothe extent of such conflicts. 99ction A. Severability. Should any section or provision of this ordinance, or any portion thereof, or any paragraph, sentence or word be declared by'a Court,of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof, as a whole or a part hereof, other than the part declared to be invalid. SvoaUon Effective Date,. This Ordinance shall be in full force and take effect immediately upon its passage and final adoption. PASSED ON FIRST READING THIS DAY OF , 1991. PASSED ON SECOND READING THIS DAY OF 1991. SUELLEN H. FARDELMANN, Mayor ATTEST: } i t 955.5\REQUIRE.RF1 CrCT— 8—' 1 T U E: S S0 FeUPCs C:R8.1 -e F, CITY OF COOPER CITY, FILDRIDA CHARTER REVIEW, BOARD RATIONALE FOR RECOMMENDED CHARTER REVISION PROPOSED AMENDMENT 92--1 Section 5.15 of the Cooper City Charter is amended by provide that capital purchase or construction for the water and sewer utilities or which are mandated -by Federal or state law will be exempt from the referendum requirements of this Section, and removing excess and:inappropriate language. Purpose: This proposed charter revision would remove capital purchases and capital construction projects for the City's water and sewer utilities Irozgithe referendum requirements of Section 5.15 of the Charter'. It would also remove from that Section referendum requirements when Complying with state or federally mandated programs. Further, this revision would remove provisions from this Section which,are no longer applicable. Rationale: The Cooper City utility provides for the collection and treatment of sewage and the production and distribution of potable water. There is no more important governmental function. The operation of this department is impacted by population growth, concurrency requirements, and by state and federal mandates. The costs of providing capital improvements are borne by developer Contributions and user tees and not by ad valorem tax dollars. Further, any major failures in these systems requires immediate and expensive actions. These expenditures should not be dependant upon voter approval (a time consuming activity),' but rather should be based on good management decisions and the financial stability of the systems. The elimination of excess and inappropriate language from this Section is a "housekeeping" change which needs to be accomplished. 00 Y-- ke— 1 7 UE Y RIJiFra: C Fad' SKY PFi r CT.TY OF COOPER CITY ORDINANCE NO. AN ORDINANCE OF THE CITY OF COOPER CITY, FLORIDA PROPOSING AN AMENDMENT TO ARTICLE V, SECTION 5.151 "REQUIREMENTS FOR REFERENDUM", PROVIDING FOR THE PURCHASE OR CONSTRUCTION OF A CAPITAL PROJECT OR FACILITY OR THE PURCHASE OF CAPITAL EQUIPMENT, THE COST OF WHICH SHALL EXCEED SEVEN AND ONE-HALF PERCENT (7 k) OF THE THEN EXISTING CURRENT ByDGET AS ADOPTED FOR THE FISCAL YEAR,, AND WHICH REQUIRES THE BORROWING OF FUNDS OR ISSUANCE OF BONDS SHALL BE SUBJECT TO 'APPROVAL BY „REFERENDUM: PROVID- ING FOR THE REMOVAL OF 'SURPLUS LANGUAGE NO LONGER APPROPRIATE FOR INCLUSION IN THE SECTION; PROVIDING THAT IF THE PROPOSED AMENDMENT IS APPROVED BY A MAJORITY OF THE VOTES AT THE ELECTION, THEN SUCq AMENDMENT SHALL BECOME A PART OF THE CITY CHARTER UPON CERTIFICATION AND ACCEPTANCE OF THE ELECTION RESULTS; PROVIDING FOR CODIFICATION; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE*, WHEREAS, the Charter Board and the City Council of the City of Cooper City have agreed that it would be in the best interest of the citizens of the City of Cooper City that Article V, Section 5.15, "Requirements for referendum" be amended, and WHEREAS, pursuant to Chapter 1:66, hearing has been held on this matter, NOW, THEREFORE, BE IT ORDAINED eYTY OF COOPER CITY, FLORIDA: Florida Statutes, a public BY THE CITY COUNCIL OF THE ,section __1. The following proposed referendum question amending the City Charter shall be ,,presented to the electorate of the City of Cooper City at the a election and if the following proposed ieferenduz question is approved by a majority of the electorate at said election, the amendment proposed shall become a �part,''of the City Charter upon certification and acceptance of the election results: PROPOSED AMENDMENT 92-2 CapTTAL EXPENDITURES EXCEEDIM-7AA QF CURRE 1 R F NDITM 'ECTIOU Section 5.15 of the. Cooper City Charter is amended by,; increasing the threshold from five percent' (5); to seven and one-half percent (7%%)' of current budget for those capital purchases or construction requiring the borrowing of funds, and which are subject to approval of the voters at a referendum election, and removing excess and inappropriate langadge. -- 11 Yes No _ 11 OCT— TUE a 1 pIjr :C: Fe. S1-::Pi+ if the proposed amendment is approved, Article V, section 5.15, "Requirements for referendum" will read as outlined below. (Additions to text are indicated by underscore; deletions to the text are etrt*ekbh""h- ) Section 5.15. Requirements for referendum. The City of Cooper City may borrow money, contract loans and issue bonds payable from ad valorem taxes And maturing more than twelve months after issue only to finance or refinance capital projects authorized by law and only when ,approved by a vote of the electors of the City. The purchase or construction of a capital project or facility or the purchase of capital equipment, the cost of which shall exceed f- perct�nt--(} s vn and one-half t7hil of the then existing current budget as adopted for the. fiscal year, and which requires the borrowing of funds by the City or the issuance of bonds to fund such expenditure shall require prior approval of a majority of the electors voting at an election. Iie�r ith star+d frrg -anY -} rm tat i�rrta�-earrta Erred e}tr--aura}?r- 1x--attthara- by---ercrrrc�--er resa}ut}4rr--a'dapt�ed- bl'--Eire�-�'�Y--�ats�e#�--attd W ithettt - feie�tt+dt�ret- -t:cr-}esere - raycr+de- �atx -�,>f the---t-}tjr---i rr - • e---eilr a ttet---mot -- eicz�g $}3; 860; 000 -to p ry-the ►mot-vf-ptrreW&ffkrtg-f"M the --eity--erF- -1 --water trca�t-�trenti--�rrei--�$'er�btit-l�r--aY ��-3�a� t�aste�--tredt�r�--end-- � eaeper serr►�rrg _the+--fi ty*� �rnel--e3'1�- eity-- f„�-��ea;---%--.ctn,�..��►.--paid slstents;-Mh4eh-reverne-fioi�-�r`�' �ayab}e as-ta- -arr& - � nte�rest-�rl�l�►- -the revvenues- &wnerehlp-and -operation -ef-said--&Y-%tems -stitch revert" -mar_vj+J - tort-at-�►t Er .k es--nar__exceed*s+q-- -thirty by theefr-date--&r-dates- the _eiby aerr-&ph-sari}} bear -}merest -at- the rate-ei-ems•-not-exee fding-the--n~i-M"W-rate permitted -at-the-t-ifMt--of--wra-i-r--i0900nee-r --IPM efty-may'-a}sa--iwtre-�e-erRt-s�if►et�i�wr-rrer�a wr�theett--a-refercrreltn++ para }e-freer-thc proee�a af-the-revth�t-barreis Irere rr-aetlrar�r�-fer-th+� }mpror�ng -the-aamer Ne tk �rtltartarrcl fr+q -ar'ry _} }m f tat feria-eei'rt a �n ed el-ftwhere- in- this- Vhertet;--hale' its �� e►Oper ertY--sha}}- bC--aather�ec?- bY--Drcl�t�arr---err Reseftrtferr -�rdop - b'1'---�he- ��Y--Eet��ne##--�rt�d �r}thetrt-� Rcferrrtdttnr-t�-expse&-f�r--s�rp}era the - -0txrte- - e and- -it - it-i-air berrew Pay- the--costr-af-cer�st bct�t+e--f�rr�n -arid farrdscapfnq-e'-���'��P�rpex��'o�rrrity` -�'er:tcr appnrt*rr&� --therete---&t---the exfst�Rg-s��rri.�}�e3--a��-pde3; -Sri-car-fear+ chaff -be - peyab3c-#3�anr -�tte- �t�r�� -ef tyre fifty-ef weeper-2ftl+�r OCT— -S-9 1 TLIE 0 ? 2 RL1F:;::t F1P.r_:►cf'v Pri P _ ►SSA .� f CITY OF COOPER CITY, FLORIDA CHARTER REVIEW BOARD RATIONALE FOR RECOMMENDED CHARTER REVISION PROPOSED'AMENDMENT 92-2 DWI MMZPWIMIRM� Section 5.15 of the Cooper City Charter is amended by increasing the, threshold from give percent';, (5$'), to seven and one-half percent (7h%), of current budget for those capital purchases or construction requiring the borrowing,of funds, and which are subject to approval of the voters at a referendum election, and removing, excess and inappropriate 'langauge. ftrpggl: This proposed charter revision.would increase the $ma rust of money which could be expended for capital projects without requiring a referendum election. Further, this revision would remove provisions from this Section which are no longer applicable. tionale: This Section of the charter limits the expenditure of funds for capital projects to five percent (5%) of the current budget without prior approval of the City's electors. The committee recommends that this be revised to seven and one-half percent (7k%) of the current, budget. Two overriding considerations drive this proposal.' The first is the recognition that present growth management mandates require local governments to expend significant funds for the infrastructure necessary to accommodate growth. The second consideration is the real need to spread the costs of these projects so that future users will share in the construction costs. Until 'now these projects have been primarily financed by present dollars and existing tax payers. This is not the best method for financing these municipal. improvements. a � The elimination of excess and inappropriate language from this Section is a "housekeeping" change which needs to be accomplished. 0 C T 50 1 T U E 8 : z P U F iC:HRSk::`�' . Fk P r ion Inclusion into Code. It is the intention of the City Council that the provisions of this Ordinance shall become and be made a part of the 'Code of Ordinances and that the sections of this ordinance may be'renumbered or relettered and the words "Ordinance" may be changed to "Chapter, "Section", "Article" or such other appropriate word or phrase, the use of which shall accomplish the intentions herein expressed. $ect,ion- 3. Repealer.. All sections or parts of sections of the Code of Ordinances, all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict herewith, be and the same, are hereby repealed to the extent of such conflicts. Section 4. Severability. Should any section or provision Of this ordinance, or any portion thereof, or any paragraph, sentence or word be declare by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof, as a whole or a part hereof, other than the part declared to be invalid. 5&9t-ion Effective Date.; This Ordinance shall be in full force and take effect immediately upon its passage and final adoption. PASSED ON FIRST READING THIS DAY of , 1991. PASSED ON SECOND READING THIS DAY OF , 1991. SUELLEN H. FARDELMANN, Mayor ATTEST: SUSAN RERNARD, City Clerk APPROVED AS TO FORM: ALAN FRANCIS RUF, Esquire City Attorney ..,955.5\REQUIRE.REF �• ��► ; .C�x.�r1C� 1 va�G�hc�n SG�� �� y•oy : �x scs � Cor��xr��afi � mr�ydr � �- V i cc. mqpr 1yVirig Han i '11Cg C Y1�1ySiCY7 sc,+ O� ��U�UGj!/'7G$ fp►r zTcxkl U''�d �-slCy C.V 1 ly 4AC4U in W �1•�+ n �/ 1[ t hcs Cammcssitn sc` gc+idGl,ncs ya.scd tan CLM II •dt►�.'�4� p . �� � �►d lqQ l_ ncCd a Pr► orHNI r-on- ir\+c A:rr ,c ciaosr-