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-