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HomeMy WebLinkAbout1990-12-31 - City Commission Workshop Meeting MinutesCity Council Workshop Meeting 12/31/90/KJ Page 1 CITY OF TAMARAC CITY COUNCIL WORKSHOP MEETING DECEMBER 31, 1990 CALL TO ORDER; Mayor Abramowitz called this meeting to Order at 10:35 A.M. in Conference Room 1. PRESENT• Councilman Larry Bender Vice Mayor Bruce Hoffman Mayor Norman Abramowitz Councilman Henry Schumann Councilman Henry Rohr Dina McDermott, Assistant City Manager Karen Jackson, Secretary Mayor Abramowitz said the purpose of the meeting .is Charter review. He said at the last meeting, the Charter was reviewed and certain areas where prioritized. He asked that Council review what was agreed upon at the last workshop regarding the Charter and then proceed. Mayor Abramowitz referred to the Charter Review by Carla Coleman. He said the Number One priority in the previous workshop was Compensation and Expenses of Mayor and Council on Page 4, Section 4.04 of the Charter. He said he feels this regards the salary or the compensation of Mayor and Council. He said this was not an issue that Council wanted to address at present. He said one of the things that was addressed was the method by which the expenses are being paid. Mayor Abramowitz said the total of all of the expenses for Council and Mayor is $11,000.00 annually. He said he has been told that the cost of monitoring these expenses are far more than the amount of money expended. He said every month, a report is received that tells what the money was spent on and the balance. He said he has no objection to submitting bills or putting on the public record what the money is used for. He said he feels there is no sense to spend $5.00 to monitor a $3.00 expenditure. He said he feels there must be a better and more sensible way of doing this. Mayor Abramowitz said suggestions have come forward, such as taking the $2,000.00 for Council and dividing it up into a 12 month period, submit the bills and the City Manager may veto any expenditure that is not allowed. He said at the end of the year, either the Council return the unused funds or declare it as income and pay taxes on it. He said this has nothing to do with not making full disclosure of what the expenses are, but it needs some common business sense. V/M Hoffman said he would like to know how other cities handle this. He said before the Tamarac City Council makes a decision of what to do, he suggested surveying some of the other cities of comparable size and type and see what they do. C/M Bender said the total is $11,000.00 of which, in reviewing the records, has never been totally consumed. He said this makes the problem more compounded when monitoring. Mayor Abramowitz read from Carla Coleman's report and said there has to be a better way to accomplish this task. City Council Workshop Meeting 12/31/90/KJ Page 2 C/M Schumann suggested being paid in quarterly payments. He s if the expense money is retained at the end of the year and claimed as income, this may be reversed and the people will no use this money for expenses. Mayor Abramowitz said the expenSC money has been used for g the convention. V/M Hoffman said he feels it is important to know how this i handled elsewhere. He suggested that Dina McDermott, Assistan City Manager, contact Coconut Creek, Sunrise and the various cities for this information. Ms. McDermott asked if he would like all of the cities in Br w County surveyed and V/M Hoffman said to contact the comparab e cities. Mayor Abramowitz said he would like to hear the opinions of Council on the expenditures. J V/M Hoffman said he feels the expense money should be given o t e Council member and he should be responsible for it to the In e n 1 Revenue Service by accounting for it or pay taxes on it. He s i this would relieve the City from any further responsibility 'n auditing these funds. Mayor Abramowitz said there is a threat if the money is usedlb any Mayor or Council member as an increase of salary. C/M Schumann said this would be in violation of the Charter. said it limits the salary to a limited amount of money. Mayor Abramowitz said something can be done to skirt the int n and purpose of what is trying to be accomplished. C/M Schumann said the Federal Government allows an advance p r quarter per diem and at the end of the year, receipts and th balance of the money is returned. V/M Hoffman said that is the same type of auditing that is d ne present. C/M Schumann said it is; however, the City does this quarterly, not annually. Mayor Abramowitz said this is more cost effective than what is being done at present. C/M Bender said the purpose is to eliminate the expenses being incurred by the Finance Department in preparing documentatio which is required. Mayor Abramowitz said it is not only the Finance Department, bu also the secretaries of the Council and Mayor preparing the expense sheets and the City Manager for reviewing. C/M Bender said the Finance Department acquires the informat on He said the retention of records and actual bookkeeping is d ne and becomes very costly. He said this needs to be reduced o eliminated. He said he feels cities comparable to the popul ti and budget size of Tamarac should be contacted and surveyed. Mayor Abramowitz said on Page 4, Section 4.05, according to th notes, Council had made mention that they did not see anythi g that was terrible about it and was a Number 3 priority and all agreed. Mayor Abramowitz referred to Page 7, Sections 6.01, 6.03 and 6. Qualifications and Elections. He said Carla Coleman makes m nt that, "In order to achieve fair and equal political district within the corporate limits of Tamarac, Section 6.03 should be amended and redistricting formula should be changes from one ba upon the number of registered voters to one that is based up n 1 1 A City Council Workshop Meeting 12/31/90/KJ Page 3 equality of population. Two options are recommended to achieve a fair and equitable redistricting scheme. They include: a redistricting plan revised every ten years in conjunction with the United States census based on simple population and a mean deviation formula or a redistricting plan as described above revising every five years utilizing a demographic survey conducted by the City's Planning as a data source in a mid-term and in conjunction with the United States census at the beginning of the decade.". He said he does not feel this is an absolute priority at present. C/M Bender said he has this listed as a Priority 2 item. V/M Hoffman said it is not as important to have the districts surveyed as frequently as it would be to add a single member district situation. He said even though the person must live in the district in order to run, the person is elected by the people throughout the whole City. He said even the courts have recognized that it is not as discriminatory as the other system where you do not give people fair representation. He said he feels it should be redistricted not more frequently than once every five years and they should eliminate having a redistricting committee that is selected by Council. He said a committee should be appointed by Council and report back to Council and the Council, by Ordinance, should change district lines where necessary. Mayor Abramowitz said that is what Carla Coleman says. He read, "Another option patterned along the lines of a redistricting committee would be to establish such a committee for advisory purposes only. After directed, they present three different plans to Council for Council to choose from each redistricting cycle. This change would make the Council responsible for redistricting itself, an option chosen by many communities, each route is acceptable.". He said he does not believe that what is being done at present is in any form discrimination. He said he feels that it is a fair and equitable way, based on the way this City elects officials. Mr. Katz said based on one of Carla Coleman's recommendations for population instead of registered voters, he does not agree because the demographics of the City are changing and there may be more younger people coming to the City with more children. He said he feels the children of the City are entitled to be counted as population as well as the registered voters. He suggested that if Council wants to go by these demographics, Council may want to consider one of the recommendations known as population against strictly registered voters. Mayor Abramowitz said that could also be considered as one of the redistricting options put before Council. He said there are many of Carla Coleman's recommendations that he is not in favor of. V/M Hoffman said he feels there would be nothing wrong with going by population rather than registered voters, but not every year after each election. He suggested every five or ten years, which ever is more practical. He said if the City ever goes to a single member district situation, this would need to be re-evaluated. Mayor Abramowitz asked what priority this item should be listed. V/M Hoffman said he feels this is something that should be addressed now. He suggested Council have a redistricting once every five or ten years, with a minimum of five years and maximum of ten years, and a redistricting committee be changed to be an advisory board to the Council and the Council, by Ordinance, will change the district lines. Assistant City Manager McDermott reviewed that list as follows: redistricting minimum 5 years, maximum 10 years, redistricting committee as advisory, redistricting by population rather than registered voters, Council by Ordinance to redistrict. City Council Workshop Meeting 12/31/90/KJ Page 4 Mayor Abramowitz said he feels that Page 9, Section 6.09 is ve important. He read from Carla Coleman's report, "Subsectio specifies how many signatures must be gathered to place an ite the ballot, it sets forth no prescribed time frame for gath ri them, such as 90 or 180 days." He said if and when other c an are contemplated to this section, consider adding a signatu e gather time frame. He said he feels that has no valor. V/M Hoffman said the Tamarac Charter is not in conformity with State Statutes. He said the Charter calls for 7% of the registered voters in order to force a Referendum and the St to Statute calls for 10%. He suggested the Charter be changed to conform with the State. He said State Law prevails over Chart wherever in confliction. He said he feels provisions that re covered by State Statute and are in the Charter should be eliminated. Mayor Abramowitz suggested the Charter be made to adhere to St Statute plus a signature gathering time frame. He asked about report that was requested by C/M Bender on the financial procedures and City Manager Kelly was going to produce a re or Financial Procedures, Page 9, Article VII. He said one of the things highlighted in Carla Coleman's report reads, "Tamara should consider adopting language which states that the act on will be accomplished in accordance with State Law." C/M Bender said he met with Ken Burroughs, previous Finance Director, who gave his recommendations and the report compi ed City Manager Kelly and himself, needs to be assembled for r vi He suggested a Table of this for preparation. Mayor Abramowitz said Page 12, Section 7.13 is important. le under the new law, the State is mandating that the municipa it put in an infrastructure. He said he feels what constitute t City's budget should be defined. He said the laws have charge and as a result, the Charter must be changed. V/M Hoffman said something may have to be put in to exclude la Referendum when ordered by State or Federal authority. Mayor Abramowitz agreed and said it needs to be addressed. He asked what would happen if the State mandates something and th voters say no. V/M Hoffman said going to court would be the next step. He sa the State would hit the City with sanctions and so on. Mayor Abramowitz said he feels this is an absolute priority V/M Hoffman said he feels the word "budget" needs to be identified. He said the City has a "budget" close to 25 milli dollars. He said the City is just as responsible for the u it budget as the operating budget. He said Council should thi k terms of the total City budget. He said Council should add es the need for obeying Federal and State laws without going t Referendum. Mayor Abramowitz requested that this item be addressed in f ll City Attorney Ruf because there could be many problems with ut legal assistance. V/M Hoffman said a State constitutional amendment was pass prohibiting the State from mandating expenditures without providing the funding. Mayor Abramowitz said Proposition 3 takes affect now but if go to the Comprehensive Land Plan, the Comprehensive Land Plan mandates that the City does a lot of things and with that b in the case, Council should absolutely define what has to be d ne He said this is an invitation to litigation. He said he would like an interpretation by the City Attorney, City Manager a d Finance Department. He said he would like the budget defin d the expenditures under the new Comprehensive Land Plan vers s n I L City Council Workshop Meeting 12/31/90/KJ Page 5 r mandate to go to Referendum. Mayor Abramowitz said the next item is Article VIII, Charter Board. He said one of the serious problems is that Carla Coleman made her recommendations which has caused some disruption. He read, "Based on the author's research, Article VIII, creating the Tamarac Charter Board is a unique provision in relation to the Council management form of government. It creates a second elected body in City government. For several reasons, serious consideration should be given to its abolition. This recommendation is not made hastily or without considerable research." Mayor Abramowitz said this City has had a lot of problems over a period of years regarding the Charter Board and the City elected officials, Mayor and Council. He said he is torn between this issue. He said he has nothing against the Charter Board as long as they do what they are elected to do. He said in many instances, that is not being done. He said, as a result, he has no problem going to the voters, whether winning or losing on an issue, he said he would like the people of the City to understand what is going on and to understand the difficulties of this City in relation to this problem. V/M Hoffman said he feels the Charter is, at present, in violation with the State Law. He said the Charter gives the Charter Board certain personative that are denied to them in the State Statutes. He said under the State Law, only the governing body who can pass ordinances, has the right to submit Charter amendments to the public. He said the,Charter Board was given that right by the Charter, but the Charter cannot give the right to pass Ordinances and this situation must be corrected. Mayor Abramowitz said items can only be placed on the ballot by amendment and the only body that is allowed to pass an amendment is the Council. V/M Hoffman said the Charter also gives the Charter Board the right to investigate acts and misfeasances. He said every citizen in the City has the right to do what the Charter Board is doing. He said the Charter Board has no more power than any citizen in the City. He said their only recourse is to go to the State Attorney or the Ethics Committee of which every citizen has the right to petition. He said this is an unnecessary item in the Charter which should be examined. He said he believes the Charter Board does have a function and a very important one. He said he feels this should be an advisory function to the City Council. He said he feels the Charter Board should spend it's time reviewing the Charter and making recommendations and changes to Council which has the only authority to institute those changes other than a petition Referendum of the public which is provided for under State Law. He said he feels whether it be an elected Board or an appointed Board makes very little difference. C/M Schumann said he does not like the Charter Board having the authority to subpoena witnesses. He said a body cannot subpoena anybody if the power to grant immunity is not valid. He said Paragraphs 8.02 a and b are null and void and are absolutely useless. He said he does not see any group organization in here. V/M Hoffman said they have a right under the Charter to hire an attorney and set his salary, but they do not have the right to raise the money to pay for him. He asked how can anybody have the right to spend money they do not have without the right to collect it. C/M Schumann said there have been arguments over this paragraph in 1985 and there was great opposition. Mayor Abramowitz said that was because people did not quite understand what was happening. C/M Schumann said it was useless then and is useless now. City Council Workshop Meeting 12/31/90/KJ Page 6 Mayor Abramowitz said he would be embarrassed to go before an and say that the Council gave them money to sue the City. He he likes to go by history and the indications were that th Charter Board spent $17,000.00 and the result of this was z $ repayment or collection over a dinner receipt. He said th re no one that will get him to say that he wants to abolish t e Charter Board. He said all he wants them to do is what th y supposed to do. He said the first thing they need to unde st is that they are not the governing body of the City. He s id have a very difficult time understanding that. He said th s statement does not apply to all of the Charter Board. He Eai this statement applies to individuals who have personality problems which should be addressed. He said he feels all cf facts should be brought out to the public to let them know wh going on. He said the Charter Board has a duty to perform V/M Hoffman asked what is the duty of the Charter Board. (EDITOR'S NOTE: Tape is inaudible towards the end.) Mayor Abramowitz said the Charter Board's duty is to advis Council regarding the Charter. C/M Schumann said any citizen can do this and Mayor Abramo it agreed. Mayor Abramowitz said they have no more legal rights than any other citizen in the City. V/M Hoffman asked what are they supposed to do. Mayor Abramowitz said they are to be of an advisory capaci y make recommendations on Charter amendments. tl C/M Bender said the Charter Board should periodically revi Charter against the State Statutes to be in conformity. H s there have not been any significant changes in ten years. Mayor Abramowitz said what has been happening in the Council meetings in Tamarac has been a contact sport between the Char Board members and the Council. 2 Mayor Abramowitz asked if they are supposed to have a private parking space or where a badge. V/M Hoffman said he feels that even the members of the Char e Board who make complaints have been doing it as private cit -z not as a Charter Board member or not as a Board. Mayor Abramowitz said he would like to know who types up th and what they use. He said he believes that the time has c address this. He said he is the last person to look for litigation and he feels that everyone in the room agrees. there 'are times that things must be done. V/M Hoffman asked what is going to be done to move forward that discussion has been held. Mayor Abramowitz said the next meeting will be with the Cit Attorney and the City Manager to determine what needs to be and go forward with whatever decision is made by Council. asked if there is anything else that should be discussed. C/M Schumann asked if Section 8.02 will be submitted to the C Manager and City Attorney regarding the duties. He asked i is going to be another review from the City Attorney and City Manager and Mayor Abramowitz said, yes. Mayor Abramowitz said in all due respect, he would like to legal opinions in order before anything is done. He said h not want to mimic any other group in this City that goes of cocked. He asked if there is anything else that needs to b addressed. id 00 ey se is r id s City Council Workshop Meeting 12/31/90/KJ Page 7 V/M Hoffman said the Charter Board sent Council a bunch of papers. Mayor Abramowitz said the problem is that C/M Schumann has been out of town and C/M Rohr has been away and he does not know if they have had the opportunity to review these papers. C/M Schumann said he just returned this morning and has not had time to review them. Discussion was held regarding the length of time these papers were submitted. Assistant City Manager McDermott said to look at the date they were clocked in. Mayor Abramowitz said he has reviewed these three or four times and has made a tremendous amount of notes. He asked that C/M Schumann give this a priority for review. He said there is a tentative joint meeting scheduled with the Charter Board on January 7, 1991 and it may be if this is important enough that everyone be involved that another workshop may be called regarding the four proposed amendments submitted by the Charter Board. He said C/M Rohr requested that nothing be done until he was present. He asked that a note be left on City Manager Kelly's desk that as a priority, on Wednesday, he would like to see him and get working on it. Assistant City Manager McDermott asked if the City Manager and City Attorney received this paperwork and Mayor Abramowitz said they both did. Mayor Abramowitz wished everyone a healthy and happy new year. He asked that everyone drive carefully on New Year's Day. He said there is a DUI sweep in the City on New Year's Eve and New Year's Day. With no further business, Mayor Abramowitz ADJOURNED this meeting at 11:30 A.M. CAROL A. EVANS CITY CLERK "This public document was promulgated at a cost of $93.65 or $2.08 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."