HomeMy WebLinkAbout1987-06-23 - City Commission Workshop Meeting Minutes40
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TAMARAC, FLORIDA 33320
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June 16, 1987
NOTICE OF CITY COUNCIL
WORKSHOP MEETING
TAMARAC, FLORIDA
Please be advised that there will be a city Council Workshop
meeting on Tuesday, June 23, 1987, at 1:30 P.M., in the
Council Chambers of City Hall, 5811 NW 88 Avenue, Tamarac,
Florida.
The purpose of this meeting concerns the report of the
Charter Review Committee.
Carol E. Barbuto
City Clerk
AN EQUAL OPPORTUNITY EMPLOYER
POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS
CITY OF TAMARAC? FLORIDA
CITY COUNCIL WORKSHOP MEETING
JUNE 23, 1987
Mayor Hart called this City Council Workshop Meeting to
Order on Tuesday, June 23, 1987, at 1:30 P.M. in the Council
Chambers at City Hall.
ILQLL CALL:
RRESENT;
Mayor Bernard Hart
Vice Mayor Sydney M. Stein
Councilman Bruce Hoffman
Councilman Henry M. Rohr
Councilman Jack Stelzer
A. Bryant Applegate, City Attorney
Yvonne E. Snyder, Secretary
Mayor Hart announced the purpose of the Meeting was to
receive the recommendations of the Charter Review Committee for a
revised Charter and also to receive the presentation of a
suggested Charter which was drawn up by the City Attorney.
Mayor Hart said the Charter Review Committee was an excellent
committee and each member of Council had appointed a member to
that committee and also a member of Council and the Chairman of
the Charter Board served on that committee.
Mayor Hart then turned the meeting over to Councilman Jack
Stelzer, who was the Councilperson who served on the
commmittee, to present the revisions to the Charter.
Councilman Stelzer said Sections 1, 2 and 3 had no changes
whatsoever. He said on Section 4.02, the committee recommended to
do away with the limitations of the number of terms a Councilman
can serve and that now a Councilperson could succeed himself for
more than one term.
Councilman Stelzer said in Section 4.03 they recommended one word
change on the next to the last line, instead of "administrative
duties" it should be "ministerial duties".
In Section 4.06, Forfeiture of Office, they recommended taking out
"any Councilmember who is absent from all Regular Council
Meetings for any reason for over a period of seventy-five consecutive
days shall forfeit his office, any recess shall be included in
the calculation of time provided in this Section." Councilman
Stelzer said they recommended changing that Section to read "any
Councilmember who is absent from three consecutive Regular
Council Meetings, or five out of seven consecutive Regular
Council Meetings shall forfeit his office. Any absence
previously excused by the Mayor shall not be counted as an
absence for the purpose of this Section."
Councilman Stelzer said in the Filling of Vacancies, they had
recommended taking Section C out and replacing it with "Any
vacancy occurring on the Council within 180 days of the next
general election shall be filled with the majority vote of the
remaining council members. Any vacancy occurring on the Council
with more than 180 days remaining in the term, or if the vacancy
occurs in the position of Mayor, a special election shall be held
for the purpose of electing a Mayor or to fill the vacancy of the
unexpired term. Said special election shall be conducted as soon as
reasonably possible in conformance with all applicable
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provisions of law. If for any reason the remainder of Council
cannot select a qualified person to fill the vacancy, then the
Governor shall be requested to appoint a replacement to fill the
unexpired term."
Councilman Stelzer said a Section D had been added to Section
4.05 which stated "nothing contained in Section 4.05 herein shall
preclude the Governor's right to remove or suspend Councilmembers
pursuant to State Law or the Constitution of the United States."
Councilman Stelzer said the next change was in Section F,
Temporary Chairman, wherein they recommended changing it to read
"in the absence of both the Mayor and Vice --Mayor, a temporary
chairman for any Council Meeting may be designated by a majority
of the quorum present."
Section 4.06 is a new Section dealing with Interference with
Administration, which shall read as follows: "Except for the
purpose of inquiries and investigations under Section 12.01, the
Council or its members shall deal with City Officers and
Employees who are subject to the direction and supervision of the
Manager, solely through the Manager, and neither the Council nor
its members shall give orders to any such officer or employee
either publicly or privately."
Councilman Stelzer stated regarding Meeting Procedures,
originally the month of August was designated as the month for
vacation. He said they had put into the new Charter the
following: "Except for one month designated by Ordinance as
a vacation month."
The next item changed was Voting in Quorum and the last sentence
had been changed to read "An affirmative vote of the majority of
the Council shall be required to enact an Ordinance and an
affirmative vote of the majority of the quorum present shall be
necessary to adopt a Resolution."
In Section 4.14, Code Enforcement Board, they recommended changing
it to read as follows: "The Council, by Ordinance, shall create
and appoint a seven member Code Enforcement Board. The
organization, powers and functions of this Board shall be in
compliance and co -extensive with State Law."
In Section 5.02, relating to the City Manager, it was changed to
read "The Council may by Resolution appoint a qualified City
Manager for an indefinite term, or it may enter into a renewable
contract for a term not exceeding two years, on terms and
conditions as shall be provided by the Appointment Resolution of
the contract."
Under Suspension or Removal, it originally read "Council may
suspend or remove the Manager by a majority vote of all
Councilmembers. Upon demand by the Manager, a public hearing
shall be held prior to suspension or removal." He said they
recommended changing it to read "Council may suspend or remove
the City Manager for malfeasance, misfeasance or nonfeasance by a
preliminary resolution, by a majority vote of all Councilmembers
stating a reason for the removal, a copy of which shall be
delivered promptly to the Manager. Upon request by the Manager,
a public hearing shall be held at a Council Meeting not earlier
than 15 days or later than 30 days after the request is filed.
The manager shall continue to receive his salary until the
effective date of removal."
Under Appointment of Department Heads, the recommended change was
as follows: "He shall appoint, direct and supervise the heads of
all departments and if required, Assistant City Manager."
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Under Suspension and/or Removal it shall read as follows: "He
shall suspend or remove any employee or appointed administrative
officer except as otherwise provided by law by rules adopted
pursuant to this Charter when he deems it necessary for the good
of the City. He may authorize any administrative officer who is
subject to his direction and supervision to exercise such powers
vested in that officer."
In regard to the Acting City Manager it was recommended to read
as follows: "The Manager shall designate a qualified City
Administrative Officer to exercise the powers and perform the
duties of Manager during his temporary absence and disability.
During such absence or disability, the Council may revoke such
designation at any time and appoint another qualified Officer of
the City to serve until the Manager shall return to his duties."
Councilman Stelzer said they recommended taking out all the
execution of duties and providing one catch-all to read as
follows: "The Manager shall perform all administrative/
managerial duties and functions as made to prescribe in this
Charter or by Ordinance or Resolution by the Council. Such
duties and functions shall include, but not be limited to
execution of bonds, contracts, issuance of checks, collection of
revenue, purchasing functions, budget duties, accounts and audits
and such other duties as may be required by the Council.
Periodically the Manager shall report to the Council at a public
meeting an up to date summary of his conduct of City affairs
under his supervision."
Councilman Stelzer reported in the Redistricting, only one change
was made. He said it originally read "Each year within thirty
days after the municipal election." He said they recommended
changing it to read "Every four years after each Presidential
Election."
On the Redistricting Report, Councilman Stelzer said it was
recommended to be changed to read as follows: "The report of the
committee shall be submitted to the Council for their final
decision."
Councilman Stelzer reported the Oath of Office was taken out of
the Charter. He said they were recommending the new one to read
under Section 6.04, Elections, to read as follows: "Duly elected
municipal officers shall take office and be sworn in within ten
days after election, with a specific date to be decided by
Ordinance."
Councilman Stelzer said the recommended change in Section 6.09 was
from 7% to 10%.
He said Section E was taken out from the old Charter and changed
to read as follows: "The Council shall provide by Ordinance
procedures relating to the form and requirements of petition for
Initiative Referondum ." He said they were taking out the 90 days.
Regarding Financial Procedures, it was recommended to read as
follows: "The general fund budget shall provide a complete
financial plan of all financial funds and activities for the
ensuing fiscal year and shall contain such details and be in
such form as may be required by law, and by Council. Also,
it shall show comparative figures for expenditures and revenues
for the current and past fiscal years. The total of estimated
expenditures shall not exceed the total of estimated revenue and
appropriated fund balance."
Councilman Stelzer said in Section 7.03, they recommended changing
the word from "may" to "shall" and added "general fund". He said
the old Charter did not say general fund and there was always a
question of what was the total budget.
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Councilman Stelzer said in the last paragraph they changed it to
read "The adoption of the budget shall constitute appropriations
of the amounts specified therein as expenditures from the funds
indicated and shall constitute a levy of the property tax therein
proposed, if any. If it fails to adopt a budget by this date,
the amounts appropriated for the current operation for the
current fiscal year shall be deemed adopted for the ensuing
fiscal year on a month to month basis, with all items in it pro
rated accordingly until such time as Council adopts a budget for
the ensuing fiscal year."
In Section 7.08, investment of City Funds, Councilman Stelzer said
the entire Section had been taken out because a referendum had
been passed as to where investments could be made. He said they
were now adding 7.08 A "all City funds shall be deposited only in
banks or trust companies designated by the State as qualified
depositories pursuant to Florida Statutes."
In Section 7.08 C it was recommended to read as follows: "Any
City funds on deposit not currently needed for public purposes
shall, by Council Resolution, be invested in Local Government
Surplus Funds, Trust Funds referred to in 166.261 of the Florida
Statutes, United States Bonds, Treasury Notes and/or Bills, any
other investment up to the maximum amount insured by the Federal
Government or any agency thereof."
Councilman Stelzer said the entire Section 7.08 had been removed
from the old Charter.
In Section 7.11, Requirements for Public Bidding, the amount of
$2,000.00 in the old Charter was changed to $5,000.00, and they
added the following sentence: "Any purchase of a product
requiring competitive bidding shall have public notice appearing
in the newspaper."
In Section 7.13, Requirement for Referendum, he said they were
making the 2 1/2% specific, the 2 1/2% limitation would be on the
current general fund budget. He also said in the last part of
the requirement for referendum, they added the following: "If
a grant fund amounts to 50% or more of the cost of acquisition,
this section shall not apply."
In Section 7.19, Franchises, the original Charter read as follows:
"The Council may by Ordinance, except where referendum is
required after public notice of public hearing." He said they
took out the part which read: "except where referendum is
required after public notice of public hearing". He said they
understood it does not have to go to referendum in public
hearings where a franchise is given.
Councilman Stelzer said it originally read "No franchise or
renewal shall be for a longer period than forty years." He said
they changed that to read as follows: "The City Council may
determine the length of the franchise in accordance with
applicable laws."
In Section 8.01, Charter Board Membership, they recommended it be
changed to read that the members could run for unlimited terms.
Councilman Stelzer said in Section C, Extended Absence for
Officers, they recommended adding the following to that Section:
"Any absence previously excused by the Chairman shall not be
counted as an absence for the purpose of this Section."
Councilman Stelzer said in Section 8.02 A. they took out the
entire section and substituted the following: "The Board
shall have the power to conduct inquiries into Charter violations
and violations of the Oath of Office. A Board member shall be
authorized by the Board to make preliminary inquiries of all City
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Officials and Employees and collect such documents and facts
which are relevant to the matter. The Board shall not make any
charges or determine the merits of the matter, but in its
discretion may forward such matter to the appropriate
authorities, including but not limited to the offices of the
State Attorney, the U.S. Attorney and the Attorney General."
Councilman Stelzer said that Section originally read "The Board
shall consider or oppose amendments to the Charter. The Board by
a vote of at least three affirmative votes shall have a right to
submit such proposal to a referendum at the next City wide
election." He said they were recommending that to be changed to
read as follows: "The Board shall consider and submit proposed
amendments to the Charter to the City Council for their approval
in sufficient time for inclusion of such proposed amendments on
the ballot. Such proposed amendments, if approved by the City
Council, shall be submitted to the voters in any election that is
conducted by the Supervisor of Elections in which all voters of
the City are eligible to vote."
Councilman Stelzer said they eliminated Section 8.03 pertaining to
the Charter Board.
In Section 10.03, Suspension or Removal, they added the following
to that Section: "However, upon demand by the City Clerk the
Council shall hold a public hearing prior to suspension or
dismissal where proof of these charges shall be substantiated."
Councilman Stelzer said under City Attorney, they added "The City
Attorney or his Assistant shall legally represent, the
municipality."
Under Section 12.01, Personnel, they added the following: "Except
where a Union Contract may provide otherwise, no employee or
appointed official in City service for six months or more shall
be removed, suspended or demoted unless he has at his option a
public hearing at which charges of malfeasance, misfeasance or
nonfeasance shall be established. The Personnel Manual shall
include proper provision to carry out this policy."
Councilman Stelzer said Section 12.03 was taken out.
Councilman Stelzer said under the Pension Plan, some of the
paragraphs were changed around, but there was no actual change in
the Retirement or Pension Plan provisions.
He said they took out the following: "The Investments and
Administration of the plan shall conform with the City
Charter provisions regarding Investments of City Funds." It was
changed to read as follows: "The Investments and Administration
plans shall conform with all requirements of Federal and State
Laws and applicable rules and regulations thereunder, and
will preserve and maintain the interest of the participants."
In the Section relating to Limitations on Suits for Damages, the
entire Section was taken out.
In the Section relating to Signatures on Bonds and Checks, the
following was added: "All Bonds, Checks and Electronic Transfers
shall be signed or approved in writing by the Mayor and the
Manager."
In Section 13.01, Boundaries, Councilman Stelzer said all the
boundaries had to be inserted.
Councilman Stelzer stated that these were all of the changes the
Charter Review Board had recommended.
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Mayor Hart said each member of Council had a copy of the proposed
changes and he hoped during the month of July each member would
read and review these changes so they would be familiar with it
when they return from vacation.
Mayor Hart informed members of the public that copies of these
documents could be obtained in the City Clerk's Office.
Mayor Hart then asked Bryant Applegate, City Attorney, for a
preliminary explanation of the changes he was proposing.
City Attorney Applegate said he sat with the Charter Review Board
during most of their meetings and answered many legal questions
which were raised. He also said he would be happy to meet with
the current Charter Board and review the revised Charter he was
proposing.
City Attorney Applegate said most of what he had submitted was
prepared from the model charter put out by the League of Cities
for Local Governments in the State of Florida. He stated in
addition to that he had included what he thought to be good
provisions from other charters in municipal governments.
Mr. Applegate said in Section 10.01, Boards and Committees, the
changes he proposed would not lock Council into a Board or
Committee that is incorporated into the Charter and then if a
year later Council determined the Board or Committee has no
purpose or is not functioning the way it should, then Council
would be free by Ordinance to make the appropriate changes.
Mr. Applegate said there were several things in the draft
Councilman Stelzer presented which he had problems with, one of
them regarding Council meetings twice a month except for one
month designated by Ordinance as a vacation month. He said he
did not feel an Ordinance was needed, in other words, there did
not have to be two readings and a public hearing for Council to
determine when their vacation would be.
Mr. Applegate said he did not feel the Code Enforcement Board
needed to be a part of the Charter.
Mr. Applegate said in the Section regarding Financial Procedures,
the Finance Director had directed the language which was used and
he had drafted it primarily from other Charters.
Mr. Applegate said for the protection of the Public, certain
things should be included in all franchise agreements. He said
he was surprised at how short the major franchise agreements
were which the City of Tamarac had had for years.
Mr. Applegate said he also included in his draft a provision for
the sale of real property, wherein the only way the City could
dispose of real property was by sealed bid procedure. He said
the procedures to implement this should be established by
Ordinance.
Mr. Applegate said he left out the investigative authority for
the Charter Board, but it would be up to Council to decide that.
Mr. Applegate said in regard to the City Attorney position, he
left out that he had to be in-house. He said the reason for
doing this was across the State of Florida some cities had found
out that after they were built out, the house runs itself and
they may only need outside Counsel on occasion.
Mr. Applegate said he went into detail regarding the duties of
the City Manager.
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Mr. Applegate again stated he would be happy to work with Council
and the Charter Board in reviewing the drafts and putting a final
Charter together.
Mayor Hart said in reviewing the draft set up by the City
Attorney he found it more explicit and more readable than the
one submitted by the Charter Review Board. Mayor Hart also said
the draft written by the City Attorney was much simpler and
condensed much of the information in the other draft into more
workable and readable paragraphs.
Mayor Hart said he would like to have a new draft drawn up by the
City Attorney during the month of July while Council was gone
which would amend certain paragraphs for rediscussion.
Mayor Hart suggested Section 4.02 be amended to the terms of
office to conform with the present Charter because this had gone
to the vote of the people and they had voted as to their opinion
on it.
City Attorney Applegate said'he had drafted the proposed changes
before this had been voted on by the residents of the City.
Mayor Hart said his other suggestion would be on Section 4.03,
Compensation and Expenses, it should be amended to conform with
the present Charter and the Charter Review Committee's
recommendations.
Mayor Hart also said in Section 6.05, the City Attorney, had
recommended a change to 7%, the Charter Review Committee had
recommended 10%, and they were both a reduction from the State
recommended Municipal Charter, which recommends 15%. He said he
would recommend a change to 10% which could be discussed when
Council returns from vacation.
Mayor Hart also recommended under Section 11.01, Charter Board,
that they go with the Charter Review Board's recommendation which
would call for an elected board. He also said the terms of
office should conform to City Council, with two consecutive terms
limitation.
Mayor Hart said he would also like the opinion of Council and the
Public on two ideas he had in mind. He said regarding terms of
office most cities in the State of Florida have a four year term.
He said he would like to see a limitation of eight years put in
to conform with the Governor's position in any elective office.
Mayor Hart said he would also like public opinion on salaries and
expenses, as to whether the Charter should have a clause allowing
a cost of living increase based on Social Security adjustments
each year.
Vice Mayor Stein said he did not feel any amendments should be
made to any of the drafts which were being discussed. He said he
felt they should not be discussing anything except some public
input. He said he would like both drafts to be sent to the
Charter Board as they were to be reviewed and they could send
their recommendations to Council as soon as possible for their
opinion.
Vice Mayor Stein said he felt there were many things which needed
to be straightened out and the members of Council needed to
review these changes while on vacation and then come back and
discuss them. He again stated he felt both drafts should be
turned over to the Charter Board for their review.
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Mayor Hart said he had no objection to turning over both drafts
as they were to the Charter Board, but he said he would like his
suggestions, even if it had to be in a third copy, to also go to
the Charter Board for review.
Councilman Hoffman said since this was a Workshop he did not feel
it proper to make any recommendations or take any action. He
said he had read both drafts and there were things in both of
them he liked and things in both of them he disliked. He said he
also felt both drafts should be sent to the Charter Board for
their review and recommendations. He said after the Charter
Board makes their recommendations, he felt Council would be in a
better position to voice their opinions.
Councilman Rohr said he was very disheartened to see so few
people present for the public hearing which had been called on
supposedly such an important subject. He said apparently the
citizens of Tamarac were not overwrought about the importance
that some people place on the Charter Board or the Charter. He
said it seemed if there were a little more interest it would
imbue the Council with a little more spirit of accomplishment.
He further said he was very disappointed with what was occurring
in the City, and that he felt Council was anticipating the
importance of certain things when there was absolutely no
importance.
Councilman Stelzer said he had not compared the draft the
Attorney prepared with the one the Charter Review Committee had
prepared, but he said he did see some items in the .City
Attorney's draft that did not look right.
Councilman Stelzer stated one paragraph had to do with the
election of the Vice Mayor, he said they were not sworn in at
the time that was designated.
Councilman Stelzer said in the Removal Authority, the City
Attorney had no provisions for hearings.
Councilman Stelzer said on page 19 there seemed to be double talk
relating to boards and committees and he asked who would make the
changes referred to, the Charter or the City Council.
Mr. Applegate replied some of the boards were changed by the
Charter and he said it was clear the Council could abolish or
amend any existing boards. He said it was not meant to be double
talk.
Councilman Stelzer then asked if the City Council could abolish
boards or committees and Mr. Applegate replied they could.
Mayor Hart then asked for public comment.
Ms. Florence Bochenek, resident of Tamarac, asked how the public
had been informed of this public hearing. She said she felt many
more people would have attended the meeting if they had been
aware of it.
Mayor Hart replied the notice of the meeting was posted by the
City Clerk as it was always done. He said it was handled in the
same manner it had always been done.
Dr. Alfred Wald, resident of Tamarac, said he was very happy to
hear the City Attazney. and the Council had recommended the
Charter Board be given the opportunity to look over the Charter
revisions. He said the Charter Board members had never seen a
copy of the draft which had been prepared by the City Attorney.
He said there were now three drafts which needed to be reviewed.
He further said he did not understand why everyone hated the
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Charter Board and wanted to get rid of the Charter Board from the
City Manager on down.
Dr. Wald further said in regard to the posting of the public
hearing, he did not see it posted anywhere, and that he found out
about it over the weekend.
Dr. Wald also said in the Charter, there were a number of times
it mentioned that a quorum is necessary to consider a meeting and
then it goes on to say that a majority of the quorum is all that
is necessary to pass whatever Ordinance or Resolution. He said
that meant that two people could rule the roost, where it had
originally said three people had to vote on whatever was going to
be passed. He said he did not feel that was right.
Dr. Wald said in Section 5.05 which Councilman Stelzer read, the
Oath of Office had been left out. He said this was an Oath of
Office by everyone who worked in the City, those who were elected
and those who were just employees. He said he felt that everyone
who was elected or worked for the City should take this Oath of
Office so they would live up to the Charter, or the Charter Board
could not take any action.
Mr. Zeke Feldman, resident of Tamarac, said he had attended a
Charter Board Meeting wherein a motion had been made to hold a
Workshop Meeting and it was turned down, without having a second
to the motion. He said he would like to know how they would act
when this goes before them.
Mayor Hart said he could not answer for the Charter Board.
Ms. Vickie Beech, resident
of Tamarac, said she
concurred with
many of Dr. Wald's comments.
She also said with
the many
things
which had gone wrong in the
should have been addressed
City over the years,
and clarified in the
those
Charter.
things
She
said it should have been much
more explained in the Charter
that
there would be. no controversy
at a time when
dismissal
or
benefits take place.
Ms. Beech also said she felt many of the problems in the City
had not even been addressed and that over the years with all of
the high priced top guns the City has had, they had never seemed
to correct the problems which faced the City. She said there was
the possibility the City was not getting qualified people in
those positions.
Ms. Beech further said she felt the Charter Board was in
existence for a reason, that you have to have a "watchdog" for
every government in order to protect the people. Ms. Beech ended
in saying that if anyone had any idea of getting rid of the
Charter Board they better not run for political office because
they would never make it.
Mr. Stan Bernard, resident of Tamarac and member of the Charter
Board, said he did not feel there was any rush to put a new
Charter through since there was not an election until next March.
He said in his opinion the matter did not need to be rushed,
there was plenty of time to work on it.
Mr. Irving Weber, Chairman of the Charter Board, requested that
all comments and recommendations as a result of the Workshop be
forwarded to the Charter Board for their review.
City Attorney Applegate said he would be willing to work with any
Charter on the books as long as he felt it was legally
acceptable. He said he would draft what Council and the Charter
Board felt was a good proposed Charter.
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Mayor Hart again suggested that when the City Attorney sends his
draft to the Charter Board that there be an attachment with his
suggested amendments on it.
Councilman Hoffman said since there would be minutes of the
Workshop Meeting typed by the Secretary that each member of the
Charter Board be given a copy, and the Mayor's suggestions would
be contained therein.
Councilman Stelzer said he had only made some observations, that
before he could make recommendations to the Charter Board he
would have to review both drafts.
Vice Mayor Stein said he would like to direct a statement to
Vickie Beech. He said he did not remember anyone saying anything
about abolishment of the Charter Board. He said that certainly
did not need to be an issue because it would cloud any decent
work that could be done.
Vice Mayor Stein also said after all the suggestions from the
Council, the Charter Board and the public that perhaps they would
be able to come up with a Charter that would be acceptable by the
people.
Mr. Irving Weber, Chairman of the Charter Board, said he would
like to inform the public members who were present that he would
welcome any comment from any public member sent to his office.
There being no further comment from the public or from Council,
C/M Hoffman MOVED to ADJOURN the meeting at 3:15 p.M., SECONDED by
C/M Rohr.
CAROL E. BARBUTO
CITY CLERK
This public document was promulgated at a cost of $25.40 or
$2 65 per copy to inform the general public and public officers
and employees about recent opinions and considerations by the City
Council of the City of Tamarac.
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