HomeMy WebLinkAbout1991-12-11 - City Commission Workshop Meeting Minutesn
CITY OF TAMARAC
7525 Northwest 88 Avenue �P Phone (305) 722-5900
Tamarac, Florida 33321-2401 R� Fax (305) 722-4509
December 2, 1991
NOTICE OF WORKSHOP MEETING
CITY COUNCIL OF TAMARAC, FLORIDA
There will be a Workshop Meeting of the City Council on
Wednesday, December 11, 1991 in Conference Room #1 of City Hall,
7525 NW 88 Avenue, Tamarac, Florida.
The purpose of this meeting is to interview candidates for the
position of City Attorney as follows:
9:00 a.m. _ William J. Gray
10:00 a.m. - Saul Smolar
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/nr
THE CITY OF TAMARAC IS AN EQUAL OPPORTUNITY EMPLOYER AND DOjzS NOT DISCRIMINATE ON THE BASIS OF HANDICAPPED STATUS
CITY OF TAMARAC
7525 Northwest 88 Avenue
Tamarac, Florida 33321-2401
Phone (305) 722-5900
Fax (305) 722-4509
December 2, 1991
**REVISED 12/10/91
NOTICE OF WORKSHOP MEETING
CITY COUNCIL OF TAMARAC, FLORIDA
There will be a Workshop Meeting of the City Council on
Wednesday, December 11, 1991 in Conference Room #1 of City Hall,
7525 NW 88 Avenue, Tamarac, Florida.
The purpose of this meeting is to interview candidates for the
position of City Attorney as follows:
** 1:00 P.M. - Saul Smolar
** 2:00 p.m. - William J. Gray
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.
CAE/nr
Carol A. Evans
City Clerk
THE CITY OF TAMARAC IS AN EQUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINATE ON THE BASIS OF HANDICAPPED STATUS
C/C Workshop Meeting
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Page 1
CITY OF TAMARAC, FLORIDA
CITY COUNCIL WORKSHOP
WEDNESDAY, DECEMBER 11, 1991
CALL TO ORDER: Mayor Abramowitz called this City Council
Workshop Meeting to order on Wednesday, December 11, 1991 at
1:00 p.m. in Conference Room # 1, City Hall, 7525 NW 88
Avenue, Tamarac, Florida.
PRESENT:
Mayor Norman Abramowitz
V/M Dr. H. Larry Bender
C/M Irving Katz
C/M Henry Schumann
C/W Diane Glasser
ALSO PRESENT:
John P. Kelly, City Manager
Carol A. Evans, City Clerk
Peter Mack, Personnel Director
Ellen Wood, Secretary
Mayor Abramowitz said the purpose of this meeting is to
interview candidates for the position of City Attorney.
Mayor Abramowitz introduced SAUL SMOLAR to the Council.
C/M Schumann asked Mr. Smolar what his personal interests
were outside of law.
Mr. Smolar said his interests are golf, all sports and he is
active in the University of Miami Hurricane Club. He said the
rest of his time is devoted to his legal practice.
C/M Schumann asked Mr. Smolar why he preferred municipal law
to a general practice.
Mr. Smolar said his first position out of law school was with
a municipal law department and he enjoys working for govern-
ments. He said he feels comfortable in the government
environment.
C/M Schumann asked if West Palm Beach used outside counsel on
litigation or does someone in the City Attorney's office
handle litigation.
Mr. Smolar said he handles litigation and the City also have
outside counsel for certain cases.
C/M Schumann asked what is the determining factor in sending
a case outside.
Mr. Smolar said he is an Assistant in Palm Beach and does not
make the determination. He said there are attorneys that
handle all personal injury cases. He said he handles all
workers' compensation cases, Code Enforcement and Building
Department related matters and Planning and Zoning matters.
He said there are cases that are determined to be so
specialized that an outside attorney is essential to handle
it. He said an example of this is a securities matter in the
Finance Department.
C/M Schumann asked Mr. Smolar the budget of the City
Attorney's office in West Palm and Mr. Smolar said about
$500,000.00 a year for the City Attorney, 4 Assistants and
the Support Staff.
C/M Schumann asked if West Palm is self -insured and Mr.
Smolar said they were self -insured.
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V/M Bender asked what the population was in West Palm and Mr.
Smolar said 75,000 people.
V/M Bender asked if Mr. Smolar knew what part of the budget
was used for outside attorneys.
Mr. Smolar said the $500,000.00 does not cover outside
attorneys. He said the personal injury cases handled in-house
take up a lot of that amount.
V/M Bender asked if West Palm had a Risk Manager and Mr.
Smolar said yes.
V/M Bender asked if this person does any kind of subrogation
cases and Mr. Smolar said yes.
V/M Bender asked if one individual does this and Mr. Smolar
said, no, he has handled them and so have different attorneys
in the office.
C/M Katz asked if Mr. Smolar gets involved with any labor
negotiations. Mr. Smolar said it is handled in-house by the
Personnel Director. He said none of the attorneys attend the
bargaining sessions.
C/M Katz asked about annexation and the comprehensive land
plan and whether Mr. Smolar handled these.
Mr. Smolar said Palm Beach is aggressive as far as
annexations. He said they want. more land within the City
limits. He said he works with property developers and owners
who want to come into the City. He said he also handles any
challenges concerning being contiguous or compact. He said he
works with the zoning Department and Land Use and
Comprehensive Plan Amendments and challenges to that. He said
the State reviews all of these amendments and very recently
challenged one of West Palm's amendments. He said he was
directly involved.
C/M Katz asked if he was prosecutor for Code Enforcement and
Mr. Smolar said he represents the City Staff and the Board
has an outside attorney. He said his office represents the
City so that when there is a foreclosure on a lien everyone
is on the same side.
C/M Katz asked if an alternative for 162 for Code Enforcement
was used and Mr. Smolar said he brought a pack with him that
has the Ordinance that was enacted.
C/M Katz asked about Mr. Smolar's short tenure on jobs.
Mr. Smolar said when he was with a private firm, it was until
he got another job in local government. He said he did not
want to continue private practice. He said he worked for the
City of Deerfield Beach and there was a split in the Commis-
sion and he did not have support from all of them. He said he
was City Attorney in Deerfield Beach.
C/W Glasser asked Mr. Smolar if he has handled any real
estate for the City and Mr. Smolar said, yes; in the last
year the City has bought and sold property that he has
handled.
C/W Glasser asked Mr. Smolar the 'make-up of his office. Mr.
Smolar said there is a City Attorney and 4 Assistants and
that he is an Assistant.
C/W Glasser asked in terms of an office in Tamarac, what
would be needed in personnel and equipment.
Mr. Smolar said as a full time City Attorney, he would need a
law library, a legal secretary with a word processor and an
office.
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Mayor Abramowitz asked what the Budget of $500,000.00 for the
City Attorney's office includes.
Mr. Smolar said it .includes a City Attorney, 4 Assistants and
each has his own secretary. He said the $500,000.00 is spent
in-house and for some additional outside legal work. He said
each year is different as to how much outside work is needed.
He said litigation is very expensive. He said one of the
cases they have is where the City is looking to recover a
certain amount of money by suing someone who engineered a
water treatment facility.
Mr. Smolar said regarding the City of Tamarac, any kind of
legal budget would be made up of the attorney's salary, the
secretary, books, court costs and outside legal fees, taken
from prior years and estimated.
Mayor Abramowitz asked Mr. Smolar what he gets paid a year
and the value of his entire package.
Mr. Smolar said he gets $55,000.00 and the regular benefits
that a City employee receives. He said he gets deferred
compensation of $100.00 a month, health insurance, 2 weeks
vacation, $5,000.00 life insurance and a pension plan where
the City contributes 5%. He said its approximate value would
be $10,000.00 and the City pays for the health plan.
Mayor Abramowitz asked Mr. Smolar if any Boards require that
he work in the evening or attend evening meetings.
Mr. Smolar said, yes,,with the Historic Preservation Board
and the Planning Board. He said he has attended night
meetings with other cities for which that he has worked. He
said City Council meets every week at 6:00 p.m on Monday
night and as the Assistant, he goes for any matter that he is
working on.
Mayor Abramowitz asked what determines his duties and the
other Assistants. Mr..Smolar said each has general areas and
Boards that they represent and. Commission matters are
assigned at Staff meetings once or twice a month.
Mayor Abramowitz asked if Mr. Smolar has any questions
regarding the City. Mr. Smolar said he is familiar with the
City but not with individual members of the Council.
City Manager Kelly asked if- there was any involvement with
the labor relations on the part of the Attorneys office.
Mr. Smolar said they do not participate.
City Manager Kelly asked if they are involved in Utilities.
Mr. Smolar said, yes, he is the attorney for the Utility
Department. He said they have inter -local agreements with
other municipalities. He said they have a wastewater treat-
ment plant that services Palm Beach, Lake Worth and some
other jurisdictions and they have on going negotiations with
them as far as their percentages in paying out. He said they
are now going to form an authority and have them participate.
City Manager Kelly asked about bond issues and debt service.
Mr. Smolar said they have not had any since the time he has
been with the City.
City Manager Kelly asked if they had any special taxing
districts in the City that Mr. Smolar is involved with or
familiar with. Mr. Smolar said he is familiar with special
taxing but does not have any in this City.
City Manager Kelly asked about Mr. Smolar's interaction with
the Finance Department. Mr. Smolar said he does collections
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for them. He said they have many people filing bankruptcy and
corporations going into receivership and properties getting
foreclosed which involves work with finance in getting City
liens and bills paid.
C/M Schumann asked if he was allowed any outside practice.
Mr. Smolar said approval is needed. He said he does not have
the time to take on any cases but he could ask for permission
if he wanted. He said at times he has gone to traffic court
with members of his family.
C/M Schumann asked Mr. Smolar if he has any questions of
Council. Mr. Smolar asked about the City Election Process.
Mayor Abramowitz said the City is going to referendum to make
changes on the election process. He said the election process
is now every two years and members can only succeed them-
selves one time and run for two terms. He said the City is in
the process of trying to change this.
C/W Glasser said there is an election every year for two year
terms. C/M Schumann said even districts run in even years and
odd districts run in odd years.
Mr. Smolar asked if there were any members of Council that
were about to meet their maximum term. Mayor Abramowitz said
there are but the law also stipulates that the Mayor can run
for Council once he reaches his maximum and the Council can
run for Mayor.
V/M Bender asked if Mr. Smolar was involved with franchise
agreements. Mr. Smolar said, yes that he writes them.
V/M Bender asked if Mr. Smolar did a subsequent periodic
analysis for conformity with the franchise agreement to see
that the City is getting what it. is supposed to get.
Mr. Smolar said the Finance Department does that. He said he
just negotiated a franchise with Southern Bell.
V/M Bender said he finds that once a franchise agreement is
written, the Finance Department cannot be relied on to see
that the City is getting gross revenue because they have no
way of knowing. He said someone has to evaluate it.
Mr. Smolar said he has not been involved in that. He said the
City has an internal Auditor.
V/M Bender said this is not really an audit but an audit for
conformity. He said an ordinary audit is just examining the
books and adding a disclaimer. He said this City has not had
an audit for conformity of franchise agreements for twenty
years. He said he feels that the legal department has to get
involved in it. He said if unincorporated areas are brought
in, the map changes and the franchise companies do not have
the latest maps. He said people here were sending their fees
to the County.
Mr. Smolar asked how the legal department would get involved;
and V/M Bender replied by reviewing it periodically to
conformance of City, State and Federal Regulations. He said
they change and it affects the percentage that can be
charged.
Mr. Smolar said he has not done any of this but it is a good
idea. He said he is not a financial expert so he would rely
on the expertise of someone in that area. He said it would be
best to work together.
V/M Bender said he is looking for ways to get revenues into
the City without raising taxes. He said an example is
recycling where the City has an opportunity to gain money in
the future based upon sharing the profits on the sale of the
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recycled material. He said unless these things are looked
inta:now and planned for the future, cities will be losing
money.
Mr. Smolar said he has not had any experience with this.
C/M Katz asked if Mr. Smolar was working in a City Manager
form of government.
Mr. Smolar said they just went to strong Mayor two weeks ago
and prior to that it was City Manager.
C/M Katz asked if the City Attorney was responsible to the
City Manager or to the Council. Mr. Smolar said to the City
Manager. He said the three places he worked prior to that,
the attorney was answerable to the City Council.
Tape 2
C/M Katz asked if they have a Charter Board there and Mr.
Smolar said they have a Charter Review but now it is not
ongoing. He said they have a Charter but not a permanent
Charter Board.
C/M Katz asked whose responsibility it was to review the
Charter. Mr. Smolar said no one on an on -going basis. He said
when they changed to strong Mayor, the Attorney's office did
the updating of the Charter to reflect what was passed by
referendum.
C/M Katz asked if most of the litigation is done in-house and
also with the Boards and Committees.
Mr. Smolar said any Board that he represents, he also does
litigation for.
Mayor Abramowitz asked if Mr. Smolar's average day is a full
day and Mr. Smolar said he had a full day plus.
Mayor Abramowitz asked if the Assistants have a full day, how
can the Attorney justify litigation for the Assistants.
Mr. Smolar said if things got very tough and he could not
handle them he would tell the Attorney so. He said if a
trial is underway, there is no way time can be devoted to
other matters so they are put on hold. He said many of the
things he handles are requests for legal opinions from
departments and they do not have to be done instantly.
Mayor Abramowitz asked the population and Mr. Smolar answered
75,000 people.
Mayor Abramowitz said there is a City Attorney, 4 Assistants
and 5 legal people for 75,000 residents. He said Tamarac has
48,000 people and is looking for a full time attorney with no
assistant, but with a part time legal secretary and a well
stocked legal library, he is working at the pleasure of the
City Council. He said this City is active and asked Mr.
Smolar if he foresees a problem.
Mr. Smolar said Tamarac has the Sheriff's office doing the
police work and with any legal department that is a great
deal of legal work. He said there is no problem with the
active Council members. He said West Palm Beach is the seat
of County Government and has many big projects.
City Manager Kelly asked Mr. Smolar about competitive
negotiations and contract document preparation.
Mr. Smolar said he revises AIA contracts and makes adjust-
ments. He said he reviews contract documents for construction
projects. He said they are building a big police facility and
his involvement has been preparation of the documents for the
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construction of the facility and the pre -bid conference.
C/M Katz asked Mr. Smolar what he would expect his salary
structure to be.
Mr. Smolar asked what the Council would expect as far as
hours and C/M Katz replied whatever is required of the full
time attorney.
Mr. Smolar asked if there was just one night meeting a month
and C/M Katz answered one Board and one Council meeting.
Mr. Smolar said he would want a substantial increase. He said
some benefits are more important than take home pay.
V/M Bender said Mr. Smolar should be interested in what
Tamarac's benefit package is worth.
Mr. Smolar said he would want an increase in pay, benefits,
security, pension and deferred compensation.
Mayor Abramowitz said the last attorney has been with the
City for 16 years as a consulting attorney.
Mr. Smolar asked if this attorney would continue doing
outside work for the City.
Mayor Abramowitz responded that the only one who can make
that determination is the City Attorney.
Mr. Smolar presented a packet to Council of references and
samples he has written.
Mayor Abramowitz thanked Mr. Smolar for coming.
Mayor Abramowitz called for a 5 minute recess at 2:00 p.m.
and reconvened at 2:05 p.m. with all Council members present.
Mayor Abramowitz introduced WILLIAM J. GRAY to Council.
C/W Glasser asked Mr. Gray if he has ever worked as a City
Attorney or Assistant City Attorney for a city.
Mr. Gray said technically no, but he has been a partner in a
large Miami firm which specializes in utilities and
regulatory work. He said in this capacity he had been hired
as special counsel for several municipalities from time to
time. He said he did work for Hollywood, Davie and Pembroke
Pines. He said he has had 30 years of law experience.
C/W Glasser asked what requirements Mr. Gray would have with
personnel or equipment.
Mr. Gray said he would need a good library, a computer system
and a legal secretary.
C/W Glasser asked Mr. Gray why he wanted to leave private
practice to be a City Attorney.
Mr. Gray said he has reached Senior Status with the law firm
where he is and is entitled to retire with a handsome
package. He said he commutes to the Fort Lauderdale and Miami
offices regularly. He said he likes this kind of practice. He
said he represents municipalities and corporations in the
utility business. He said they go throughout the State before
municipalities, counties, the Public Service Commission and
Environmental Protection Agency.
C/W Glasser asked Mr. Gray if he has ever dealt with labor
laws and Mr. Gray said, no, the firm has a specialty in
almost everything but criminal or labor. He said he has
handled workers' compensation cases and labor union
contracts.
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C/M Katz asked Mr. Gray if he is involved with Comprehensive
Land Use and Zoning. Mr. Gray said he has been involved in
zoning and eminent domain.
C/M Katz inquired of Mr. Gray's expertise with the firm.
Mr. Gray responded his work involved administrative law and
regulatory work throughout the State of Florida before the
Public Service Commission, County Commissions and other
commissions that regulate water, sewer and gas that have
zoning and environmental disputes with their clients.
C/M Katz asked if Mr. Gray has ever been exposed to contracts
involving more than one city.
Mr. Gray said in the City of Hollywood they were involved in
extensive litigation twice around with a large user
wastewater and sewer agreement whereby the City of Hollywood
is the regional plant for 5 or 6 municipalities that all feed
in. He said they have been involved. in negotiating those
kinds of contracts, amendments and litigation disputes.
Mr. Gray said he was also involved with Pembroke Pines in
acquiring different water and sewer companies. He said in
Sarasota they represented a Dade County Water and Sewer
Company that has large, extensive systems.
C/M Katz asked Mr. Gray if he is equipped to cope with a
single person office.
Mr. Gray said they have 60 attorneys in 4 firms. He said he
does all of the regulatory administrative work and draws upon
research staff if needed.
V/M Bender asked if Mr. Gray has any experience with city
government. Mr. Gray said except for occasions where they
were special counsel to those cities and constantly with
corporate utility clients and working with Sarasota County
constantly.
V/M Bender said the firm works with other cities and Mr. Gray
in the field of rate, administrative and environmental
regulation.
C/M Schumann asked if a LLB Degree and a JD Degree are the
same thing and Mr. Gray said yes and no. Mr. Gray said the
legal profession used to give out Bachelor's of Legal Law for
those who graduated from professional school and when a
Doctor Degree was received the person became a medical doctor
so they replaced it with a Doctor of Jurisprudence. He said
t--- also has a Masters Degree from NYU.
C/M Schumann asked how long Mr. Gray has had the AV rating
and Mr. Gray said about 7 years.
C/M Schumann said Mr. Gray also has community services listed
and one is the United States Air Force Academy Parents
Association. Mr. Gray said he has 0 son that graduated last
year. He said his daughter went to the Coast Guard Academy
for a year.
C/M Schumann asked Mr. Gray if he would classify himself as a
litigator and Mr. Gray said, no.
Mr. Gray said he handles litigation from time to time but is
a regulatory and administrative lawyer.
Mayor Abramowitz said Mr. Gray is one of the top experts in
regulatory experience and a Senior Partner in a very
prestigious law firm. fie said a City Attorney is very
different, he works under the direction of the City Council.
He said there is an election every year in the City of
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Tamarac and the environment is entirely different from what
Mr. Gray is accustomed to over the years. He asked if Mr.
Gray would be comfortable with this. M
Mr. Gray said it has been his lifestyle because in
representing utility clients he is constantly going before
municipalities or negotiating with them.
Mayor Abramowitz said the City has a one man practice with
the ability to go outside for legal help. He said the table
of organization as it stands today is an attorney, a
secretary and whatever support help he can get from Staff. He
said this position requires time, night meetings, an active
Council and is a full time job.
Mr. Gray said he would expect there to be an understanding of
chain of command, who would direct inquires to the legal
department.
Mayor Abramowitz asked what monetary expectations Mr. Gray
had.
Mr. Gray said he has had a 30 year practice and has done
public service. He said this job would not be a stepping
stone for him. He said with his expertise and experience and
the way he develops and handles himself in dealing with
Mayors and presidents of corporations, and also his
experience with municipal bonds, he would be looking in the
range of $95,000 to $100,000 and a package.
C/W Glasser asked if Mr. Gray is aware that night meetings
are involved and Mr. Gray said, yes.
C/M Katz asked Mr. Gray if there was a need for an outside
professional, would he have a problem leaving consideration
of this firm aside so that they would not be set above other
firms with expertise.
Mr. Gray said he would not be obligated but he would
certainly consider them.
Mayor Abramowitz said that. Mr. Gray comes with the highest of
recommendations. He thanked Mr. Gray for coming.
With no further business, Mayor Abramowitz ADJOURNED the
meeting at 2:30 p.m.
Carol A. Evans
City Clerk
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