HomeMy WebLinkAbout1988-12-21 - City Commission Special Meeting MinutesI
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7525 NORTHWEST 88TH AVENUE 0 TAMARAC, FLORIDA 33321-2401
TELEPHONE (305) 722-5900
SPECIAL MEETING
CITY COUNCIL OF TAMARAC, FLORIDA
There will be a Special Meeting of the City Council on Wednesday, December 21, 1988 at
10:00 A.M., in Conference Room -v 1 ( Room 103), City Clerk's Office, City Hall, 7525 N.W. 88th
Avenue, Tamarac, Florida.
The purpose of this meeting is discussion and possible action on:
PUBLIC HEARING — MOTION J0ApP` Teimo, Ord. 1v1415 on send
reading amending Article 1 of Chapter 19 of the Cade of Ordinances of the City
of Tamarac pertaining to the City's Pension Plan.
FINAL ACTION: ORDINANCE NO. 0-88-40 PASSED.
APPROVED as amended on second reading. Public hearing was held.
The Council may consider and act upon such other business as may come before it.
All meetings are open to the public.
Pursuant to Section 286.0105, Morida 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
CAE/gt
Carol A. Evans
City Clerk
AN EQUAL OPPORTUNITY EMPLOYER
POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS
CITY OF TAMARAC
CITY COUNCIL SPECIAL MEETING
WEDNESDAY, DECEMBER 21, 1988
CALL TO ORDER: Mayor Abramowitz called this meeting to Order on
Wednesday, December 21, 1988 at 10:00 A.M. in Conference Room #1
(City Clerk's Office).
PRESENT:
ALSO PRESENT:
Mayor Norman Abramowitz
Vice Mayor Jack Stelzer
Councilman Dr. H. Larry Bender
Councilman Bruce Hoffman
Councilman Henry Rohr
John P. Kelly, City Manager
Richard Doody, City Attorney
Robert Sugarman, Pension Board
Attorney
Patricia Marcurio, Office Manager
City Clerk's Office
Pauline Walaszek, Special Services
Secretary
PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1415
FE
on second reading amending Article 1 of Chapter 19 of the Code of
Ordinances of the City of Tamarac pertaining to the City's Pension
Plan.
SYNOPSIS OF ACTION: ORDINANCE NO. 0-88-40 - PASSED
PUBLIC HEARING was held.
APPROVED with Amendments on second reading.
City Attorney Doody read Temp. Ord. #1415 by title.
Mayor Abramowitz asked if there were any Amendments to
the Ordinance.
Robert Sugarman, Attorney for the Pension Board, said
there were two Amendments to the Ordinance since the
first reading. He said Marvin Clayton, from the
Department of Insurance in Tallahassee, requested the
Amendments to the Ordinance.
Attorney Sugarman said the first change was on Page 22,
"Continuing Review". He said the Ordinance indicated a
provision which gave the Pension Board the right to
require that all disability participants submit copies of
their.Federal Income Tax Return on an annual basis so
that the Pension Board could be sure that the
participants were not working; however, Marvin Clayton
indicated that the State Statutes did not permit this
procedure for Police Officers and Firefighters;
therefore, an Amendment was made making the requirement
for General Employees only.
Mayor Abramowitz asked if Attorney Sugarman agreed with
Marvin Clayton's Amendments and Attorney Sugarman said he
did not agree with the majority of the Amendments;
however, Tallahassee was holding $200,000.00 from the
City and it was better to make the Amendments rather than
fight about them.
Mayor Abramowitz suggested that Attorney Sugarman pursue
this matter after the money was released.
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12/21/88
Attorney Sugarman said he and the City Attorney would be
reviewing the Amendments to see how the disability claims
for Police Officers and Firefighters could be monitored.
C/M Hoffman asked if Marvin Clayton referred to a
specific Section in the Statutes for the Amendments and
Attorney Sugarman said there are two provisions in the
State Statutes. He said the first provision indicated
that if Police Officers and Firefighters could not
permanently and effectively perform their duties as a
Police Officer or Firefighter, they were considered
disabled and they were entitled to a Pension.
Attorney Sugarman said the second provision indicated
that the Police Officers' and Firefighters' medical
status could be reviewed annually. He said Marvin
Clayton indicated that the State Statutes provided that
Police Officerd and Firefighters"had to prove they were
medically unfit and could not do the job of a Police
Officer or Firefighter and the Statutes did not indicate
that a Tax Return had to be submitted. He said Marvin
Clayton indicated that the Pension Board could not
require Police Officers and Firefighters to submit a Tax
Return annually.
Mayor Abramowitz said he wanted the City Manager to make
the determination as to whether a Police Officer or
Firefighter could be placed in a light duty position as
opposed to the Department Heads making the decision.
City Manager Kelly said he understood this request and
the City Council AGREED with Mayor Abramowitz's request.
Attorney Sugarman said the second Amendment was on Page
24. He said the Pension Board was requiring that
disability applicants apply for Workers' Compensation,
Social Security and Long Term Disability Benefits and
that General Employees with a non --service connected
disability search for work. He said if these
requirements were not complied with the Pension Board
could stop the Pension payments on General Employees and
reduce the Pension for Police Officers or Firefighters to
25% or 42%, which is the State minimum.
Attorney Sugarman said Marvin Clayton wanted the
Firefighters and Police Officers to have the choice
between a 25% or 42% Pension or their accrued Benefit,
whichever is higher. He said accrued Benefits were what
the employees already had; therefore, this Amendment
would not be a cost to the Pension Fund because the
employee would be receiving what he would if he were to
retire normally.
C/M Bender asked which paragraph on Page 24 was being
Amended and Attorney Sugarman said Paragraph C, 1 and 2.
Attorney Sugarman said the words, "or his accrued
Benefit, whichever is higher.", were added.
Attorney Sugarman said he sent a letter to Marvin Clayton
regarding the Ordinance being approved on first reading.
He said he contacted Marvin Clayton by telephone and
Marvin Clayton indicated that if there were any problems
with the Ordinance the Pension Board would be contacted.
He said Marvin Clayton has not replied with any
Amendments.
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Mayor Abramowitz said at the first reading discussion
took place regarding a Report submitted by Martin E.
Siegal Company. He said he hoped that the matters in the
Report were corrected by the Pension Board. He said he
would like the City Council, City Manager and City
Attorney informed of any changes made by the Pension
Board.
C/M Hoffman said a written report should be submitted by
the Pension Board.
City Manager Kelly said the City and the Pension Board
should communicate with the Department of Insurance
regarding the position the City and Pension Board were
placed in when they were required to make the Amendments
before getting the State money.
Mayor Abramowitz said once the money was released to the
City, the matter should be brought to the attention of
the Department of Insurance.
Mayor Abramowitz said during the first reading the City
Council expressed their concerns regarding Martin E.
Siegal-CompanyIs Report. He said he was very much aware
of how the Trustees of the Pension Board work in keeping
the Pension Fund operating. He said he addressed his
concerns to Attorney Sugarman because Attorney Sugarman
was the expert and the Pension Board looked to him for
guidance.
Attorney Sugarman said the Pension Board recently turned
over their first series of files to the Claims Adjusters
for review. He said as soon as the review was complete,
the City Council would be given a copy of the Report.
V/M Stelzer said during the first reading Mayor
Abramowitz stated that there were several employees who
contacted him regarding the Pension Fund going bankrupt.
He said whoever informed the Mayor of this was incorrect.
Mayor Abramowitz said he did not believe he made this
statement and V/M Stelzer said the statement was made at
the beginning of the meeting. V/M Stelzer said he would
like to explain why the Pension Fund was not going
bankrupt.
Mayor Abramowitz said at the first reading he stated that
several employees came to him indicating that they were
concerned that the Pension Fund would go bankrupt. He
said if he made the statement referred to by V/M Stelzer,
he was incorrect. He said he would like to listen to the
Tapes of that meeting to hear whether he made this
statement.
V/M Stelzer said the Pension Fund paid out $134,000.00
for Disability Claims last year ending September 30,
1988. He said the Pension Fund received $202,000.00 from
the State's Department of Insurance to take care of the
claims. He said the Pension Fund presently had 7.5
million dollars in the Fund and 1.5 million dollars was
anticipated for this year.
V/M Stelzer said the money received from the State was
used for each and every Disability Claim. He said he
wanted to avoid the newspapers reporting that the Mayor
saved the Pension Fund from bankruptcy.
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12/21/88
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Mayor Abramowitz asked if V/M Stelzer wanted the
newspapers to report that the Vice Mayor saved the
Pension Fund from bankruptcy.
V/M Stelzer said he did not save the Pension Fund from
bankruptcy. He said there has never been a danger of the
Pension Fund becoming bankrupt. He said there were
problems; however, the problems have been corrected
within a matter of two months.
Mayor Abramowitz asked if Martin E. Siegal Company's
Report indicated that the problems were resolved and V/M
Stelzer said the Report indicated what changes were
needed and the Pension Board implemented several
suggestions such as the applicants applying for the
Offset Benefits.
C/M Bender said a firm was hired by the Pension Board to
review all disability applicants and do an annual review
of the disability recipients. He said the Pension Fund
should operate smoothly in the future.
Mayor Abramowitz asked if the problems were corrected
before Marvin E.Siegal Company submitted the Report and
V/M Stelzer said the Pension Board was aware of the
problems; however, the expertise was not available. V/M
Stelzer said Martin E. Segal Company informed the Pension
Board of what needed to be done.
Mayor Abramowitz said Martin E.Si.egal Company should have
reported on matters 6 months ago and V/M Stelzer said the
Pension Board did not have these problems 6 months ago.
V/M Stelzer said the problems started when the Police
Officers and Firefighters started applying for Disability
Pensions, at which time the Pension Board hired Martin E.
Siegal Company to report on what could be done.
Mayor Abramowitz said it was not his intent to blame
anyone on the Pension Board. He said after reading the
Report from Martin E. SiegalCompany the City Council
wanted the problems corrected. He said he would
apologize to V/M Stelzer if the statement he referred to
was made; however, if the statement was not made, he
would expect an apology from V/M Stelzer.
V/M Stelzer said he would apologize if he was incorrect.
He said the City Council had nothing to do with
correcting the problems in the Pension Fund and Mayor
Abramowitz said it was the Pension Board's responsibility
to correct the problems and see that the Pension Fund ran
properly.
V/M Stelzer said the Pension Board corrected the problems
not the City Council and Mayor Abramowitz said the City
Council had nothing to do with the Pension Fund; however,
if the Pension Board found themselves in trouble
financially, the City would be responsible to see that
the problems were corrected.
V/M Stelzer said the Pension Board recognized the
problems with the Pension Fund and saw that the problems
were corrected and Mayor Abramowitz asked why these
problems were not recognized a year ago.
V/M Stelzer said the problems did not exist until
recently.
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12/21/88
C/M Hoffman asked why the problems suddenly occurred and
V/M Stelzer said the problems suddenly occurred because
the Police Officers could make more money retiring on
disability than working.
Mayor Abramowitz asked if this was the fault of the
Pension Plan and V/M Stelzer said this was why the
Pension Board was finding a solution. V/M Stelzer said
the problems could not be corrected overnight.
Mayor Abramowitz asked if V/M Stelzer informed the City
Manager of the problems when they started occurring and
V/M Stelzer said the Pension Board consulted their
Attorney. V/M Stelzer said the City Manager had nothing
to do with the matter.
Mayor Abramowitz said he was concerned when the Pension
Board confronted the Police and fire Chiefs on the
matter.
V/M Stelzer said the Pension Board's Attorney counseled
the Board on the problems and Mayor Abramowitz said the
decision regarding the positions in the City was the City
Manager's responsibility.
V/M Stelzer asked if the Police or Fire Chiefs were the
Heads of their Departments and Mayor Abramowitz said the
City Manager was the Administrator of the City.
V/M Stelzer asked if it was proper for the City Manager
to override the Department Heads regarding positions in
their departments that were not available.
Mayor Abramowitz said this matter was the City Manager's
responsibility not the Pension Board or the Department
Heads. He said if the City Manager wanted to bring the
matter before the City Council for approval, he could do
so.
* C/M Bender MOVED to APPROVE Temp.
Ord. #1415 as Amended
* on second reading, SECONDED by CM Rohr.
Mayor Abramowitz Opened and Closed the Public Hearing
with no response.
L1141 M
With no further business,
meeting at 10:30 A.M.
CAROL A. VANS, CITY CLERK
ALL VOTED AYE
Mayor Abramowitz ADJOURNED this_ -
N RMAN ABRAMOWITZ, MAYOR
"This public document was promulgated at a cost of 151.50 or 17.14 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."
CIT Y OF TAMARAC
R�'I' UVED AT MEETING OF
City Clerk
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