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HomeMy WebLinkAbout1985-03-20 - City Commission Special Meeting Minutesr� J MAIL REPLY TO: P.O. BOX 25010 TAMARAC, FLORIDA 33320 5811 NORTHWEST 88TH AVENUE TAMARAC, FLORIDA 33321 TELEPHONE (305) 722-5900 March 19, 1985 NOTICE OF SPECIAL MEETING CITY COUNCIL OF TAMARAC, FLORIDA There will be a Special Meeting of the City Council on Wednesday, March 20, 1985, at 9:30 a.m. (or as soon there- after upon the conclusion of the 8:30 a.m. pre -agenda meet- ing), in the West Conference Room of City Hall, 5811 NW 88 Avenue, Tamarac, Florida. The purpose of the meeting is discussion and possible action on the following items: 1 -E.S.M. Government Securities..,.. Inc. a) Letter Agreement with the law firm of Morgan, Lewis and Bockius. b) Authorization for appropriate legal action. 2 - Personnel Department -- Hold Harmless Agreement for volunteers assisting the City by serving on oral review boards (promotional exams) - Temp. Reso. #3570. The City Council may consider and act upon such other business as may come before it. The public is encouraged to attend. Carol E. Barbuto Assistant City Clerk Pursuant to Section 286.0105, Florida Statutes If a person decides to appeal any decision made by the city Council with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings and for such purpose, he may need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is to be based. AN EQUAL OPPORTUNITY EMPLOYER POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS CITY OF TAMARAC, FLORIDA SPECIAL CITY COUNCIL MEETING March 20, 1985 Tape 1 CALL TO.ORDEJR: Mayor Kravitz called the meeting to order on Wednes- day, March 20, 1985 at 9:40 A.M. in the West Conference Room of City Hall. ROLL -CALL: PEBSE Mayor Philip B. Kravitz Vice Mayor Helen Massaro Councilman Arthur H. Gottesman Councilman Raymond J. Munitz Councilman Sydney M. Stein Elly F. Johnson, City Manager Jon M. Henning, City Attorney Carol E. Barbuto, Assistant City Clerk Mayor Kravitz read the Notice of the Special Meeting into the record. 3. Sigqtgr City Adyisory Committge - Temp. Or #1171 -Discussion and possible action. First Reading. Agendized by Consent. (See Pages 5 & 6). At Mayor Kravitz's request, V/M Massaro MOVED to Agendize by Consent discussion and possible action concerning the Sister City Advisory Committee, SECONDED by C/M Stein. C/M Stein questioned the urgency and Mayor Kravitz said he spoke to Jefferson Travel and there are problems concerning the reservations and he felt time was important on this item. C/M Stein Nay C/M Munitz Nay C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye 4. - TgIDp Ord. #1176 - Discussion and possible action. First Reading. BXW2,91,9 OF ,TIQN: Agendized by Consent. (See Page 6). City Attorney Henning said Mayor Kravitz asked him to draft certain legislation and he was under the impression it would be reviewed and any changes would be suggested to him. He said his secretary distributed all of the Ordinances except Temp. Ord. 11177 which he just distributed this morning. He said he thought they would be discussed at the Regular Council meeting on 3/27/85. Mayor. Kravitz recessed the meeting for ten minutes so that copies of the Ordinances could be prepared and distributed. After the recess, Mayor Kravitz asked Council Agendize this item by Consent and V/M Massaro so MOVED, SECONDED by C/M Gottesman. C/M Stein Nay C/M Munitz Nay C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye 1 3/20/85 / nrn tj 5• Qunnil LIA190a Positions - - Discussion and possible action. First Reading. j%=PSI-S OF ACTION: Agendized by Consent. (See Page 7). Mayor Kravitz requested this item be Agendized by Consent since these positions should be appointed this week. V/M Massaro so MOVED, SECONDED by C/M Stein. #3566 possible Agendized by Consent. (See Page 7). Mayor Kravitz requested this item be Agendized by Consent and C/M Stein MOVED to TABLE this item with the stipulation that no member of the Council will take lunch money until this is resolved. V/M Massaro said she would SECOND the MOTION to TABLE. Mayor Kravitz suggested this item be TABLED to the 3/27/85 Council meeting instead of this morning. C/M Stein withdrew his MOTION as did V/M Massaro as the SECOND. Mr. Henning suggested the item be Agendized by Consent first and V/M Massaro so MOVED, SECONDED by C/M Munitz. VOTE: ALL Y-Q.TED AYE Mayor Kravitz noted that there was a Charter Board meeting last night during which they elected Morris Haber as Chairman. He said they have requested a Workshop Meeting be held with the City Council for the purpose of creating a working harmony between the two boards and he said he will call this as soon as possible. 1• - Discussion and possible action on: a) Letter of Agreement with the law firm of Morgan, Lewis and Bockius b) Authorization for appropriate legal action. SXNQPSIS OF .ACTION: a) APPROVED retaining Morgan, Lewis and Bockius as attorneys to represent the City in the ESM case. The Mayor was authorized to execute and acknowledge the Letter of Engagement. Funding was authorized up to $10,000 until further notice. b) Morgan, Lewis and Bockius was authorized to initiate legal action against ESM and other related entitites and any other individuals or entities against which the City may have any legal right or claim relating to the retention, disposition or acquisition of any securities in which the City may have or had an interest. a) Mr. Henning said there is a letter dated 3/8/85 from Morris Brown, an Associate with Morgan, Lewis and Bockius. He said Tamarac is dealing with their Miami office and, at a Special Meeting on 3/6/85, Council authorized expenditures up to $10,000. He said no money has been spent as yet and nothing has been billed. • Ll 2 3/20/85 Mr. Henning said the rates differ slightly from what he reported earlier and the attorneys are at $130.00 to $220.00 and he was assured that nothing is over $200.00 and will average $140.00 to $150.00. Mr. Henning said the letter stated "$7,496,000.00 of investments and repurchase agreements" and he questioned whether that referred to the 7 million dollars plus interest that is at question. He said they will not charge the City for travel time and he suggested this Letter of Engagement be approved. He said he asked them for a lump sum fee and a Contingency fee based on recovery and both of these were turned down and they prefer to go on a straight hourly basis. C/M Gottesman asked how the City chose this particular firm and Mr. Henning said this firm was highly recommended by the City's Finance Advisor, Stan Ross of Dean Witter and also from Fine, Jacob- son, the City's Bond Counsel. He said they have worked with Fine? Jacobson and Dean Witter and beforehand, the City interviewed approximately 8 firms and there were conflicts. He said this is one of the largest law firms in the nation. C/M Munitz asked if "Con- flict of Interest" meant that the law firms were retained by one of the other parties involved and Mr. Henning said yes. C/M Gottesman asked if any thought had been given to a class action for the people who have lost money and Mr. Henning said there is a case in the Federal Court, Southern District of Florida, where the Securities and Exchange Commission initiated a case against ESM. He said some entities have been granted intervention and, perhaps, the City's attorneys, if authorized today, would seek intervention into that case. He said the City expects multi -party cases but, they may not be termed class actions. He said all the law firms he spoke with are not taking more than one case. V/M Massaro said she understood that representatives of Morgan, Lewis and Bockius were going to report today on what they have done so far and Mr. Henning said he had hoped today to have pleadings, that is, a case to file. He said they are preparing the case or cases. He said he was on the telephone with Mr. Brown yesterday and he advised him that he had to be out of town today but any other day would be fine. He said there is a sign -off on the letter and he did not feel he was authorized without Council approval to sign -off on these terms. He said he can give Council a report of what is known so far and the law firm needs to know that they are hired before law suits are filed. V/M Massaro asked what Mr. Henning meant by "sign - off" and Mr. Henning said this is a Letter of Engagement setting out their terms and requesting the,City's consent of these terms concerning the fee schedule, purpose of engagement, etc. V/M Massaro said it was her understanding that they had already been authorized to spend up to $10,000 and Mr. Henning said that is correct. He said they have been in contact with Tom Tew, who is the receiver appointed by the Securities and Exchange Commission and is working out of the ESM office on Broward Blvd. He said they have been caucusing at their office to determine the best place to file suits to protect the City. V/M Massaro said most of these suits have already been filed and she asked if this puts the City in a backward position. Mr. Henning said those that have filed are not any better off and eventually the cases will be merged or consoli- dated. He said they could proceed immediately if authorized by Council. 3 3/20/85 Pm Mr. Henning suggested Council hire this firm and authorize them to file suit and meet with them at the next Council meeting on 3/27/85 and, if Council is not satisfied with them, the City can find someone else. C/M Gottesman asked if Mr. Henning has seen any work they have done and Mr. Henning said the rates are competitive with the other firms interviewed. C/M Stein MOVED that the City retain Morgan, Lewis and Bockius as attorneys to represent the City in the ESM case and authorize that the Mayor be authorized to acknowledge this Letter of Engagement. V/M Massaro said she SECONDED the MOTION and requested that the cap figure of $10,000 be added to that Letter. C/M Stein said he would accept that amendment and Mr. Henning said authorization is up to $10,000 until further notice. Vickie Beech, resident, asked what this law firm can do for the City that Mr. Henning cannot and Mr. Henning said there are five pages on the Pre Agenda listing of normal Council business that he must preside over. He said there is a slight possibility that he could do what this law firm is doing if he did not have these things to do. He said this law firm specializes in securities and bankruptcy and has expertise that he cannot give the City. Moni Avidon, Charter Board member, asked if the City is covered in the Competitive Negotiations Act and Mr. Henning said this did not come under that Act. C/M Munitz said expertise is very important and this is best handled by this law firm. b) Mr. Henning said he has drafted two proposed MOTIONS that would cover the authorization to take action against ESM and any other related parties. C/M Munitz MOVED that the City authorize Morgan, Lewis and Bockius as Special Counsel to the City, to initiate legal action against ESM, its offices and related entities in whatever jurisdiction the attorneys determine to be appropriate. SECONDED by C/M Stein. V/M Massaro asked if the related entities would include Alexander Grant and Mr. Henning said ESM has several entities; ESM Government Securities, Inc., ESM Group, as well as parent and subsidiary corporations. Mr. Henning suggested this MOTION stand as is. C/M Munitz MOVED that the City authorize Morgan, Lewis and Bockius, Special Counsel to the City, to initiate legal action against any other individuals or entities against which the City of Tamarac may have any legal right or claim relating to the retention, disposition or acquisition of any securities in which the City may have or had an interest. SECONDED C/M Stein. VOTE: ALL VOTED AYE V/M Massaro asked Mr. Henning what the State Law is regarding investments with any special regulations involved and Mr. Henning said the letter he circulated regarding Florida Statutes 166.261 concerns Securities, Repurchase Agreements, and holding banks. He said he will check with the administrative Code. V/M Massaro said she also wanted the City Attorney to check into the legality of all the City's present investments with an answer in writing and Mr. Henning said he will. 4 3/20/85 PM % 2. Personnel Depalj;ment - 1JQJ_d.., H_armie,J_._A_q1egment Qr y���unteers AA.si tome. City k�y_,_,$ervina on Oral Review .BDarsis_ _(promo-_ ti-onal exams) - ,5 - Discussion and possible action. SYNOPSIS OF_ACTION: APPROVED authorizing the City Manager to execute Hold Harmless Agreements for the benefit of individuals arving on promotion panels (Oral )view Boards). RESOLUTION NO. R-85-106 PASSED. Mr. Henning read by title. Tape 2 Mr. Henning said the promotional examination is an Oral Review Board for the Fire Department and the Resolution is primarily concerned about this panel for Friday, 3/22/85. He said there is an Attachment to the Resolution which will be a form Hold Harmless which states that the City will represent them if there are any claims by people who pass the exam or people who did not pass the exam. He said the Personnel Department solicits experts, usually from the municipal area from other cities. City Manager Johnson said this is an oral review and is just one part of the total selection process. He said it is standard procedure in the industry and this is just a precaution. V/M Massaro asked if there are any other boards in the City that have these panels other than Police and Fire and Mr. Henning said a review panel was used for selection of engineers. C/M Munitz asked if there was a fixed compensation for their services and Mr. Henning said this is free since they are volunteers. City Manager Johnson said it is part of the union contract that it be done this way. C/M Stein MOVED APPROVAL of Temp , SECONDED by C/M Munitz. r 3. Sist9s. City_ Advisgry CQxmi_t._t._e_@ - gip,_ Ord_. #1175 - Discussion and possible action. First Reading. SYNOPSIS OF ACTION: Agendized by Consent. (See Page 1). APPROVED on first reading as amended. Mr. Henning read Temp._ Ord, #1 75 by title. Mr. Henning said the Charter provides for creation of committees and advisory boards and there were several reorganized and put in the Code. He said he has tried to keep all volunteers assigned to committees and the effect of this Ordinance is to keep the Sister City functions identical to what they are now. He said under this Ordinance, however, the Human Relations Committee is being removed. He said the purpose of having two persons originally was to have a committee and this would reduce the Sister City Human Relations Commissioners to one position and assigns the responsibilities of the Human Relations Commissioner to the Welcoming Committee. He said the effective date would be 5/1.2/85 which is when the present Human Relations Commissioners' terms end. Mayor Kravitz said Section 5 stated that this would become effective immediately upon passage of the second reading and Mr. Henning said there are two Commissioners and they could be discharged after approval on second reading and Council could then appoint one Com- missioner. Mayor Kravitz suggested that Section 5 read, "This Ordinance shall become effective immediately upon final passage." C/M Stein MOVED APPROVAL of Temo._,QxjL__#J275 on first reading as amended, SECONDED by C/M Gottesman. 5 3/20/85 PM Mayor Kravitz asked the City Attorney if the City has a contract with Jefferson Travel for the Sister City tour in May and Mr. Henning said the City has no contract with Jefferson Travel. He said if the 26 people who signed up for the trip still want to go they can. 4. City Council Approyal in Appointment_of ]'eziBlative Aides. - Temx�. Ds_d_,_.#1176 - Discussion and possible action. First Reading. SYNOPSIS OF ACTION: Agendized by Consent. (See Page 1). APPROVED on first reading as amended. Mr. Henning read Temp. OrOr�� #1126 by title. Mr. Henning said each Council member is entitled to up to 3 aides which are non-paying positions. He said some of the requirements are that they cannot be publicly -elected officials or City employees and, up until now, the aides have been appointed to serve at the pleasure of the appointing Council member and were appointed by a written memo to the City Clerk's office. He said their term expires when the Councilman's term expires or if discharged before then. He said this amendment would have the Council member nominate an aide and the Council would approve the appointment. He said the aide would still work for the individual Council member and can be re- moved by the Council member. He said Section 4 should read, "This Ordinance shall become effective immediately upon its final passage for all new aides nominated by a City Council member. Those aides duly appointed prior to the effective date of this Ordinance shall be entitled to serve,until�g end o the term of the appointing official." C/M Munitz asked if the City Council should not have the right to agree to the removal of an aide and Mr. Henning said he will put in whatever Council decides. C/M Stein asked why the.aide must be approved by the entire Council and Mayor Kravitz said Council could disapprove anyone they felt might be detrimental to the City. Mayor Kravitz said all existing aides at this time are voided and all new aides being suggested to Council should be voted on. C/M Stein said those aides that are,already appointed should remain since they were appointed for the term of the Council person they work with. He suggested this Ordinance be amended to state that Council may remove any present aides they wish to. Mayor Kravitz suggested Section 4 be amended to read, "that all existing aides are terminated and the new procedure takes effect. C/M Stein requested the City Attorney give him a legal opinion before the second reading as to the legality of this Ordinance. V/M Massaro MOVED APPROVAL of Timpod. 11176 on first reading as amended, SECONDED by C/M Stein. 5. Council Liaison Positions - Temp. Ord. kL - Discussion and possible action. First Reading. SYNOPSIS OF ACTION: Agendized by Consent. (See Page 2). APPROVED on first reading as amended. Mr. Henning read Temo.__QjjL.Ujjj by title. 6 3/20/85 p Mr. Henning said this was codified and there were some amendments after it was placed in the Code. He said this would allow the Mayor and any Council member to serve as a liaison with appointments made by the Mayor to serve at the pleasure of the Mayor and notice will be in writing filed in the City Clerk's office. He said Council had taken action earlier not to have liaison positions for City depart- ments but he was requested to include City departments in this Ordinance. He said this will become effective immediately upon final passage. C/M Stein said the appointments should be determined by the election and not by the Mayor. Mayor Kravitz said he agreed and this should be amended to remove "the office of Mayor". Mr. Henning said Line 22 should read, "a period of time not to extend past the next City election." and the words "exceed the term of the Office of the Mayor" should be removed. C/M Stein MOVED APPROVAL of on first reading as amended, SECONDED by C/M Gottesman. C/M Munitz said he feels it is wrongto have liaisons to the City y departments since it could interfere with the City Manager and he suggested eliminating the assignment of ,liaisons to any City depart- ment. V/M Massaro said she did not agree since this has been in existence for years and there is no interference. City Manager Johnson said he has problems with this and he asked for a definition of what a liaison does. V/M Massaro said it is merely for dis- cussion and Mayor Kravitz said the liaisons have no authority. Mr. Henning said Line 32 states, "The City Council may adopt, by Resolution, additional guidelines regarding liaison positions not in conflict with this Section." He suggested the City Manager could give additional guidelines in a Resolution. V/M Massaro said this would cover any problem that might occur. VOTE: ALL_ VOTED_.AYE 6. €C.ity.jC_o=�jj_Xeub=B_ or. Meal nses q _L ug by_Sounci R inas - - Discussion and possible action. CT.TON: Agendized by Consent. (See Page 2). TABLED to the 3/27/85 Council meeting with the proviso that no Council member shall be entitled to meal expenses during that meeting if this Resolution is adopted. 4 I Mr. Henning read Me43,,66 by title. C/M Stein MOVED to TABLE Temn._$ggo, #3566 to the 3/27/85 Council meeting with the proviso that no member of Council shall be entitled to meals during that meeting if this Resolution is adopted, SECONDED by V/M Massaro. VOTE: ALL_.YOTEDAYE 7 3/20/85 /pm Mayor Kravitz adjourned the meeting at 11:30 A.M. MAYOR ATTEST: VAASTANT CITY CLERK This public document was promulgated at a cost of $116.80 or $3.24 per copy to inform the general public and public officers and employees about recent opinions and considerations by the Council of the City of Tamarac. 8 3/20/85 /pm CITY OF TAMARAC APPROVED AT MEETING OF -1i11s