HomeMy WebLinkAbout1988-08-23 - City Commission Special Meeting MinutesRECORD OF COUNCIL ACTIONS/DISCUSSIONS
SPECIAL MEETING
CITY COUNCIL OF TAMARAC, FLORIDA
There will be a Special Meeting of the City Council on
Tuesday, August 23, 1988 at 10:45 a.m. in Conference Room #1
(Room 103) of City Hall, 7525 N.W. 88th Avenue, Tamarac,
Florida.
The following proposed Charter amendments will be
considered at this meeting:
1. MOTION TO - ADOPTTemp. Ord. #1396 on first reading
proposing an amendment to Article IV, Section 4.02 of
the City Charter to increase the number of successive
elective terms of office from two (2) two (2) year terms
to three (3) two (2) year terms for councilmembers and
Mayor to be placed on the November 8, 1988 ballot.
FINAL ACTION:
APPROVED on first reading. Second reading and public
hearing will be held on Wednesday, September 7, 1988 at
10:00 a.m. in Conference Room #1 (Room 103).
2. MOTION TO ADOPT Temp. Ord. #1397 on first reading
proposing an amendment to Article VIII, Section
8.01 (a), of the City Charter to increase the number of
successive elective terms of office from two (2) two (2)
year terms to three (3) two (2) year terms for Charter
Board members to be placed on the November 8, 1988
ballot.
FINAL ACTION:
APPROVED on first reading. Second reading and public
hearing will be held on Wednesday, September 7, 1988 at
10:00 a.m. in Conference Room #1 (Room 103).
3. MOTION TO ADOPT Temp. Ord. #1398 on first reading
proposing an amendment to Article VIII, Section 8.01
(c), of the City Charter providing that Charter Board
members shall forfeit their office if they miss three
(3) consecutive regular board meetings or five (5) out
of seven (7) consecutive regular board meetings to be
placed on the November 8, 1988 ballot.
FINAL ACTION:
APPROVED on first reading. Second reading and public
hearing will be held on Wednesday, September 7, 1988 at
10:00 a.m. in Conference Room #1 (Room 103).
4. MOTION TO ADOPT Ord. Temp.__ #1399 on first reading
� -,_---
proposing an amendment to Article VIII, Section
8.02 (a), of the City Charter to amend the investigatory
powers of the Charter Board by deleting, because of its
vagueness, the term "dishonesty" as a specific example
of what may constitute nonfeasance, misfeasance and
malfeasance to be placed on the November 8, 1988 ballot.
FINAL ACTION:
DENIED.
All meetings are open to the public.
Pursuant to Section 286.0105, Florida Statutes
It 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 proseadings 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
CAE/nr
Carol A. Evans
City Clerk
CITY OF TA14ARAC
CITY COUNCIL SPECIAL MEETING
TUESDAY, AUGUST 23, 1988
CALL TO ORDER: Mayor Abramowitz called this Special meeting to Order
on Tuesday, August 23, 1988, at 10:45 A.M. in Conference Room #1
(City Clerk's Office).
r1RESENT:
ABSENT AND EXCUSED:
ALSO PRESENT:
Mayor Norman Abramowitz
Councilman Dr. H. Larry Bender
Councilman Bruce Hoffman
Councilman Henry Rohr
Vice Mayor ,lack Stelzer
Richard Doody, City Attorney
Carol A. Evans, City Clerk
1. MOTION TO ADOPT Temp. Ord. #1396 on first reading
proposing an amendment to Art cle IV, Section 4.02 of the
City Charter to increase the number of successive elective
terms of office from two (2) two (2) year terms to three (3)
two (2) year terms for councilmembers and Mayor to be
placed on the November 8, 1988 ballot.
SYNOPSIS OF ACTION:
APPROVED on first reading.
City Attorney Doody read Temp. Ord. 11316 by title.
C/M Bender MOVED to APPROVE Temp. Ord. #1396 on first
* reading, SECONDED by C/M Rohr.
C/M Hoffman said the proposed Amendments were well
investigated by the Charter Board and, if the.Charter
Board was submitting the Amendments to the City Council
to place on the November Ballot, he would approve the
Amendments.
VOTE:
ALL VOTED AYE
2. MOTION TO ADOPT Temp. Ord. #1397 on first reading
proposing an amendment to Art1 le VIII, Section 8.01 (a), of
the City Charter to increase the number of successive elective
terms of office from two (2) two (2) year terms to three (3)
two (2) year terms for Charter Board members to be placed on
the November 8, 1988 ballot.
SYNOPSIS OF ACTION:
APPROVED on f r st reading.
City Attorney Doody read Ted- Ord. #1397 by title.
* C/M Hoffman MOVED to APPROVE Temp. Ord. #1397 on first
* reading, SECONDED by C/M Bender.
Mayor Abramowitz said there has been a lack of continuity
in the City and this Amendment may assist in eliminating
some of the continuity.
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8/23/88 - Special
C/M Rohr said he would like the terms of office to be 2
three year terms for the legislators because it took time
for elected officials to learn their job and achieve
appropriate goals.
Melanie Reynolds, Resident, said she agreed with C/M Rohr
because 2 three year terms would allow Districts 2 and 4
to run for Mayor without having to give up a year in
office.
C/M Hoffman asked Stan Bernard, Vice Chairman of the
Charter Board, why the Charter Board decided to make the
terms of office 3 two year terms.
Mr. Bernard said the Charter Board investigated this
matter and found that the residents were not in favor of
the City Council running continuously. He said this
Amendment would allow the residents to eliminate a person
from office if he or she did not appropriately represent
the position or keep a person longer if the person was an
asset to the City.
C/M Bender said he was in favor of 3 year terms because
it was very costly to have an election.
C/M Hoffman said Mrs. Reynolds statement was valid;
however, a 3 year term would mean that the positions had
to run at the same time which may leave the City Council
without any experienced people. He said this matter
could be investigated and changed at a later date.
C/M Rohr said 3 year terms should not be any different
than 2 year terms providing the Districts were staggered.
C/M Hoffman said if there were 3 year terms, there would
be Districts that had to forfeit a year from their
present term in order to run for the Mayor position.
Mayor Abramowitz said he was glad that there was a
representative from the Charter Board present to hear the
concerns. He said this matter could be investigated and
possibly changed in the future.
VOTE: ALL VOTED AYE
AT 11:00 A.M., V/M Stelzer and City Manger Kelly ENTERED
the meeting.
3. MOTION TO ADOPT Temp Ord. #1398 on first reading
proposing an amendment to Article VIII, Section 8.01 (c), of
the City Charter providing that Charter Board members shall
forfeit their office if they miss three (3) consecutive
regular Board meetings or five (5) out of seven (7) consecutive
regular Board meetings to be placed on the November 8, 1988
ballot.
SYNOPSIS OF ACTION:
APPROVED on first reading.
City Attorney Doody read Temp_ Ord. #1398 by title.
* C/M Rohr MOVED to APPROVE Temp. Ord. #1398 on first
* reading, SECONDED by C/M Hoffman.
C/M Rohr asked if this Amendment was similar to the City
Council's forfeiture of office.
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8/23/88 - Special
City Attorney Doody said the Charter Board proposed two
Amendments regarding this matter. He said the City
Council's forfeiture of office Amendment was not pursued
because of various questions regarding the language.
V/M Stelzer asked if the person appointed to fill a
vacancy that had one year remaining in the term, had to
count the one year as a complete term when running for
the term at the next election.
Mayor Abramowitz asked if the one year term constituted a
full term.
City Attorney Doody said he would have to investigate
this matter before he could answer properly; however,
this concern may not pertain to this Amendment.
V/M Stelzer suggested that this Amendment be held until
the City Attorney reports on his findings.
C/M Hoffman said if a change was needed it could be made
in another Section that pertained to the matter.
C/M Rohr said if a vacancy was filled for one year, it
did not seem correct for the term to be counted.
C/M Bender said the Ordinance should contain a definition
of terms to clarify the terms of qualifications.
V/M Stelzer said he wanted to make the City Council aware
of this matter in case there are problems in the future.
Mayor Abramowitz suggested that this matter be researched
and, if needed, changed at a later date. He asked if
this matter could be clarified to prevent problems in the
future.
City Attorney Doody said this Amendment could be adopted
at this time and, if there was a need for clarification,
it could be implemented in the future.
Mr. Bernard said the concern was a different issue than
the proposed Amendment; therefore, it could be handled at
a later date.
VOTE:
ALL VOTED AYE
4. MOTION TO ADOPT Temp. Ord. #1399 on first reading
proposing an amendment to Article VIII, Section 8.02 (a),
of the City Charter to amend the investigatory powers of the
Charter Board by deleting, because of its vagueness, the term
"dishonesty" as a specific example of what may constitute
nonfeasance, misfeasance and malfeasance to be placed on the
November 8, 1988 ballot.
SYNOPSIS OF ACTION:
DENIED.
City Attorney Doody read Tem2- Ord. #1399 by title.
* C/M Hoffman MOVED to APPROVE Temp. Ord. #1399 on first
* reading, SECONDED by C/M Bender.
C/M Hoffman asked if the deletion of the word
"dishonesty" strengthened or weakened the Charter Board's
powers.
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8/23/88 - Special
City Attorney Doody said from a legal standpoint, it was
appropriate to delete the word "dishonesty" because the
other terms in the Section included the act of
dishonesty; however, the deletion of the word
"dishonesty" may be misinterpreted.
City Attorney Doody said to submit an Amendment for
Referendum, he could only use 75 words or less. He said
he would like to include an additional paragraph stating,
"dishonesty was included in the action of misfeasance,
nonfeasance and malfeasance and could not be recognized
by the courts as a legal provision, etc."; however, he
could not do this because of the 75 word limitation. He
said the City Council should decide if the deletion of
the word "dishonesty" would be misinterpreted. He said
the word has been in the Charter since 1976; therefore,
the deletion of the word was a policy decision to be made
by the City Council.
V/M Stelzer said he was not objecting to the word being
deleted or left in the Charter; however, the residents
would object to the deletion of the word because they
would feel that this would allow the City Council to be
dishonest. He said if this Amendment was placed on the
Ballot, it may be denied, which would cause the other
Amendments to be denied as well.
V/M Stelzer said the Charter Board's previous Attorney
suggested the word be eliminated; however, the word has
been in the Charter since 1976 and by deleting the word
or leaving it in the Charter, di-d not change the Charter
provisions. He suggested the Amendment be denied because
the residents would misinterpret the deletion as allowing
the City Council to be dishonest.
Mayor Abramowitz said from a practical point of view, he
did not care for the Amendment; however, if the Amendment
enhanced the Charter, he would approve the Amendment
being placed on the November Ballot.
City Attorney Doody said the Amendment was an improvement
to the Charter by eliminating redundant language;
however, it was not an issue of great importance.
Mayor Abramowitz said if his decision had to be made on
the redundant language of the Charter or the residents
misinterpreting the Amendment, he would have to vote
against the Amendment.
Mr. Bernard said the Charter Board may not have
recommended this Amendment if their Attorney did not
suggest it; however, the Charter provisions would not be
changed regardless of whether the word remained or was
eliminated.
C/M Rohr said he agreed with the concern of
misinterpretation because the City Council was presenting
the Amendments; however, the Amendments were decided upon
by the Charter Board and brought to the City Council to
be placed on the November Ballot. He said the City
Council were not the creators of the Amendments.
Mr. Bernard said there was a need to present this
Amendment to the residents in a way that would not be
misinterpreted; therefore, this Amendment should be
investigated to see how it could appropriately be
presented to avoid misinterpretation.
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8/23/88 - Special
Mayor Abramowitz said the Charter Board was acting
properly by eliminating the word "dishonesty"; however,
the City Council was responsible for submitting the
Amendments to the residents and he did not want to submit
an Amendment that would be misinterpreted.
Mayor Abramowitz said it was very disturbing to hold this
Amendment back from the November Ballot because the
Charter Board worked very hard on this Amendment;
however, the City Council had to make decisions on the
Amendments being properly presented to the residents.
C/M Rohr said this matter helped him to understand why
the City Council should be the presenters of the
Amendments to Referendum. He said if the Charter Board
submitted these Amendments to the residents, it may have
caused problems in the future.
C/M Bender said he would like this matter investigated
before it was submitted to the residents.
VOTE:
ALL VOTED NAY
With no further business, Mayor Abramowitz ADJOURNED this
meeting at 11:20 A.M.
4ROLL±LA.'-EVANS, CITY CLERK
10
"This public document was promulgated at a cost of $45.00 or $1.25 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."
APPROVED AT MEETING OF ZL9 - Sg
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