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HomeMy WebLinkAbout1984-10-31 - City Commission Joint Special Meeting MinutesMAIL REPLY TO: P.O. BOX 25010 TAMARAC, FLORIDA 33320 5811 NORTHWEST 88TH AVENUE & TAMARAC, FLORIDA 33321 TELEPHONE (305) 722.5900 October 1.5, 1984 NOTICE OF WORKSHOP MEETING CITY COUNCIL TAMARAC, FLORIDA There will be a Workshop Meeting of the City Council on Wednesday, October 31, 1984 at 9:30 A.M. in the Council Chambers of City Hall, 5811 NW 88 Avenue, Tamarac. The purpose of the meeting is to discuss Procedures for Committees. The public is invited to attend. Carol A. Evans Assistant City Clerk "An Equal Opportunity Employer" MAIL REPLY TO: P.O. BOX 25010 TAMARAC, F LOR IDA 33320 5811 NORTHWEST 88TH AVENUE 0 TAMARAC, FLORIDA 33321 TELEPHONE (305) 722-5900 OCTOBER 15, 1984 REVISED OCTOBER 23, 1984 NOTICE OF JOINT WORKSHOP MEETING CITY COUNCIL AND CHARTER BOARD TAMARAC, FLORIDA There will be a Joint Workshop of the City Council and the Charter Board on Wednesday, October 31, 1984 at 9:30 A.M. in the Council Chambers of City Hall, 5811 NW 88 Avenue, Tamarac. The purpose of the Workshop is to discuss Procedures for Committees. The public is invited to attend. Carol A. Evans Assistant City Clerk "An Equal Opportunity Employer" CITY OF TAMARAC, FLORIDA JOINT WORKSHOP MEETING OF THE CITY COUNCIL AND CHARTER BOARD Procedures for Committees October 31, 1984 Tape CALL TO ORDER: Mayor Philip B. Kravitz called the meeting to order at 1 :3� 0 A.-M., on Wednesday, October 31, 1984, in the Council Chambers at City Hall. Mayor Kravitz read the Notice of the Joint Workshop Meeting which was scheduled to discuss Procedures for committees, and added that this meeting is in response to a request from Vice Chairman Jim Godin of the Charter Board, by memo dated September 24, 1984. PRESENT: CITY COUNCIL —Mayor Philip B. Kravitz Vice Mayor Sydney M. Stein C/M Jack Stelzer C/M Raymond J. Munitz C/M Allan C. Bernstein - Chairman, Ben Lieber Vice Chairman, Jim Godin Moni Avidon Alice Norian Melanie Reynolds ALSO PRESENT: City Manager, Elly Johnson City Attorney, Jon Henning Secretary, Carol M. Thrasher City Attorney Henning referred to Temp. Ord. #1128 and advised that all of the changes since 8/21/84 have been incorporated into this revision as Articles V and VI of the City Code. Melanie Reynolds advised that the Charter Board members do not have copies of this ordinance. The Vice Mayor suggested that while copies were being made, Mr. Godin could explain the reason for requesting the meeting. Mr. Godin reported that the intent was for the Charter Board to be present to assist Council in changes to this Ordinance and the Charter. City Attorney Henning continued by pointing out the two parts of the ordinance, the first part being a listing of the committees and creation of several new committees. He added that the second part is committee procedures. He advised that C/M Stelzer has suggested several changes to the second part for discussion by the Council and Charter Board. Mr. Lieber asked if Article 5 would contain the duties, functions and limitations of the various committees and City Attorney Henning reviewed the listing of committees, with the new section listings for the City Code. He added that the committees have been alphabetized with their previous section listings crossed out and the new language underlined. Mr. Henning stated that the revision also includes proposed new committees and the functions as underlined in this revision, with the first being a Charter Review Committee; the second the Insurance Advisory Committee; and the third the Investment Advisory Committee. Mr. Henning stated that the Investment Advisory Committee has been approved by Resolution and will be included in the Code by this Ordinance. Melanie Reynolds asked if all committees will now be by Ordinance in order to be in the Code and Mr. Henning confirmed that they would. Mr. Lieber repeated his question if the functions of all committees will be listed in the Code. City Attorney Henning explained that the three committees in this text were not previously included in the Code and can be discussed in this meeting. Mr. Lieber stated that the Charter Board acknowledges Council's right to appoint committee members; however, he believes that the Code should list all those committees, with their functions. -1_ 10/31/34 /cmt City Attorney Henning stated that there are three functions of this temporary ordinance and distributed copies of C/M Stelzer's requested revisions. City Attorney Henning stated that this temporary ordinance is being dis- cussed; it has not had a first reading and has not been passed. He advised that this ordinance has three purposes: it creates a new section of the Code where all Committees will be listed. He added that it also adds two new ccnTrmttees and implements the Investment Advisory Camuttee into the Charter. He added that the listing in previous sections of the Charter will be renumbered and included in one section for committees. Melanie Reynolds asked if any consideration had been given to cutting down on the number of committees. Mr. Lieber stated that the Charter Board should not be concerned with the formation and number of Committees. Vice Mayor Stein clarified that the duties of existing committees are already in the Code and this revision codifies them into one Article; it proposes two new committees; and implements a co mi:ttee that has already been established by Resolution. Vice Mayor Stein suggested that this meeting was scheduled for the Charter Board to provide their advice and comments on this Ordinance and nothing else should be discussed. Melanie Reynolds suggested that the Charter Board was at a disadvantage -!because they had not received copies of this Ordinance prior to this meeting. She expressed her feeling that this was a bad Ordinance and should not be discussed without having had the opportunity to review it. The City Attorney advised that this Temporary Ordinance was provided for discussion purposes and Mr. Lieber asked to what degree the Charter Board would have input prior to voting. City Attorney Henning advised that this is a Workshop and there can be no vote. C/M Stelzer clarified that this ordinance was written by the City Attorney to provide the basis for Workshop discussion, adding that it is in rough form and is not being considered for any vote at this tame. Mr. Avidon referred to a breakdown of committees provided to then by the City Attorney in June 1983 which showed 13 cam-ittees. He continued that this ordinance shows 14, and asked what was added or deleted. Mr. Henning reviewed that the Redistricting Committee and the Sister City Committee were new; the Code Advisory Ccmnittee was deleted; and the Law Advisory Commmittee was added. Mr. Avidon corrected that the Redistricting Committee was included in the June 1983 listing. Mr. Henning continued that during the review for this ordinance they found the Salary and Wage Control Board in the Charter, which had not been used. Mr. Avidon pointed out that the Pension Board was not included. Mr. Henning stated that he has not been asked to prepare any changes and that this was merely an attempt to rearrange the order and place Committees in one section. He pointed out that the Burglar Alarm Committee, the Pension Board, the Board of Adjustment and the Redistricting Committee were not being included in this section because they pertain to other special chapters in the Code and are covered in the specific chapter. Mr. Henning advised that two new committees are being proposed and the Investment Advisory Committee is being implemented. C/M Munitz asked if there had been any changes in the Investment Advisory Committee since the Resolution and Mr. Henning advised that pages 3 and 4 are annotated with C/M Stelzer's requested revision to eliminate the role of the Mayor from this committee. He advised that page 2 was also annotated with proposed changes to the Charter Review Committee, to suggest that the Committee is provided by Council by Resolution, with the goals of the committee specified in the Resolution. -2- 10/31/84 /cant City Attorney Henning continued that the third provision of this temporary ordinance is Procedures on page 4, with the first item being that no person can serve on more than two committees; and the second being that elected officials and employees of the City should not be eligible to serve on committees. C/M Stelzer referred to letters from two different Cannittee Chairmen with recommendations for the same person and asked if an applicant is given a choice in this case. Mr. Henning advised that an applicant's preference should be discussed during an interview. C/M Stelzer stated that there are certain cases where membership on one committee could cause a conflict of interest with membership on another c anittee and referred specifically to the Planning Commission and the Board of Adjustment. Alice Norian suggested that a person may be qualified to serve on both committees but it is the Council's decision at the time Of appointment. C/M Stelzer advised that Council has no way of knowing whether or not a person is more qualified for membership on one committee or another. He stated that Council wants to prohibit the possibility of predetermined votes whereby anyone voting on a ruling with one committee, that he has previously voted on in another committee. Alice Norian suggested that it is Council's responsibility to research the applicants and appoint members to the proper committee. C/M Stelzer stated that the applicant must state his preferences for membership. C/M Bernstein suggested that the application form be changed to include a requirement for the applicant to list all committees applied for and his preference for membership. Mr. Lieber agreed and pointed out that an applicant can check every box on the form. He suggested that separate applications should be filed for each committee or the present application form should include instructions for the applicant. Melanie Reynolds advised that the City Clerk is currently revising the application form and suggested that this revision could incorporate changes suggested by others. C/M Stelzer suggested that discussion on the application form be held for a different time and that discussion continue on the procedures of this proposed ordinance to prevent membership on two committees where there could be a conflict of interest. Melanie Reynolds agreed with C/M Stelzer and suggested that there can also be a conflict between membership on the Planning Commission and the Beautification Committee. C/M Stelzer said that dual membership only creates a conflict when it involves the Board of Adjustment, because the function of every other Committee is advisory. Vice Mayor Stein agreed that the ordinance should concern only dual service with the Board of Adjustment; however he agreed with Ms. Reynolds that there could be a conflict of interest in any two committees. He continued that he assumes that a qualified member would disqualify himself if such a conflict occurs. Mr. Godin suggested that the new committees run for three years on a trial basis and then added to the Charter. Vice Mayor Stein pointed out that any committee can be removed by Ordinance. C/M Bernstein referred to the annotated changes on page 4 and asked why a person may not serve on both the Board of Adjustment and the Burglar Alarm Committee. The Vice Mayor stated that a fine from the Burglar Alarm Ccnmittee can be appealed to the Board of Adjustment. Council discussed the possibility of appeals between these committees and the City Attorney advised that the decisions of both of these committees were final and appeals would go to the courts. Alice Norian suggested that this subject could be resolved by enacting a Confliot of Interest Ordinance or by including a chapter in the Charter to cover it. -3- 10/31/84 /cmt Mayor Kravitz stated that the Council and Charter Board must decide the necessity for these new committees and establish guidelines for them. He continued with the first committee, which is the Charter Review Commnittee on page 2. Mr. Avidon stated that he is against having a Charter Review Board because the Charter Board was elected by the people to represent them in the formation, review and revision of the Charter. Fie continued that the Charter Board is to submit such changes or deficiencies to the people by referendum. He expressed his doubts that a Charter Review CamYnittee was in line with the Charter; however Chapter 4.08 states that the Council may create certain boards to assist with their functions, but not in the formation of the Charter. Tape 2 Melanie Reynolds agreed with Mr. Avidon and expressed her feeling that it is an invasion of the function of the Charter Board to have such a committee that reports to Council. C/M Munitz stated that the Charter Board has assigned specific sections of the Charter to Board nym-bers for revision and he suggested that this is not an effective way of making the Charter meaningful. He said that the concept of a Charter Review Board should be discussed because any revision to the Charter should include input from other sources as well as the Charter Board. C/M Munitz continued that he envisions that this committee would review and incorporate all such input for a complete rewrite of the Charter. He said that the procedure being followed by the Charter Board in assigning sections is not conducive to constructive action with the Charter. He added that these were his reasons for requesting the creation of a Charter Review Committee. Mr. Lieber stated that the previous Charter Board introduced 10 amendments which were accepted by the people of the City. He continued that one of those amendments provided the right of the Charter Board to introduce its own changes to the Charter. Mr. Lieber said that it is not incumbent on the City Council to establish procedures for the Charter Board. He explained that the Charter Board felt that the most appropriate way to bring the Charter up to date was for each of them to study a particular section and make recommendations to the remainder of the Board. He added that any changes will ultimately be made by the entire Board and presented to the people for acceptance. Mr. Lieber suggested that if Council wants a committee to rewrite the Charter, that Committee should be called a Charter Revision Committee, for the specific purpose of rewriting the Charter. He suggested that this Ordinance would be creating a committee which will actually replace the Charter Board and he does not believe that Council has that right. C/M Stelzer referred to Melanie Reynolds' statements and pointed out that the functions of the Charter Review Committee have been crossed out, with the new revision providing only that the City Council may establish such a Committee by Resolution, which will specify the goals of that Comtittee. He added that at this time, Council only wants the right to add this to the Code. Mr. Codin advised that he had suggested the assigrmient of sections in order to provide a fresh approach for discussion and review of the Charter. Alice Norian stated that the Charter Board was elected by the people and are under oath to perform specific duties. She said that Council's recommendation to create a Charter Review Committee would place control of the Charter under the Council. Ms. Norian referred to statements by C/M Stelzer when he was a member of the Charter Board, with regard to the same attorney representing both the Council and the Charter Board. She stated that a new Charter is needed and the Charter Board welcomes all input. She added that each member of the Charter Board is reviewing specific sections and they are looking forward to having unbiased, undivided and self-serving legal assistance in this. -4- 10/31/84 /cant Vice Mayor Stein stated that he has not taken a position regarding the Charter Review Board and added that the Council does not need anyone's permission to appoint a Ccnu ittee. He said that this temporary ordinance is providing that this Committee may be established by Resolution and does not include any additional powers. The Vice Mayor stated that he does not agree with C/M Munitz and added that it is the Charter Board's job to rewrite the Charter. He pointed out to the Charter Board that Council may also propose Charter amendments and they can elect to appoint an advisory committee to assist then in that effort. Vice Mayor Stein stated that this is the purpose of this Committee and added that there cannot be two Charter Boards.. C/M Bernstein agreed with the Vice Mayor and added that the City Council has many tasks and therefore has the right to create such committees to assist them. He continued that Council relegates detail to these committees for only those things that Council itself has the right to do. Mr. Avidon suggested that the Charter Review Committee is the subject of a Workshop scheduled for 11:00 A.M. and discussion could be in more detail at that time. Mayor Kravitz agreed. Mr. Avidon referred to dual membership on committees and asked if an elected official could serve on committees appointed by the Council. Mayor Kravitz advised that the remainder of the committees in the text would be discussed at this time. Mayor Kravitz continued with the Insurance Advisory Committee. C/M Munitz advised that after discussion with the City Attorney, he sees no need for this Committee and suggested no further discussion be held on it. Mayor Kravitz stated that the Council or the Mayor should not get involved in administrative duties and the City Manager is capable of handling this. He suggested that this subject should be left to the discretion of the City Manager's Office. All agreed. C/M Stelzer asked, on the same basis, why the Investment Advisory Ccm ittee .is needed. Vice Mayor Stein said that this Committee was already established by Resolution and added that this temporary ordinance is only to add it to the Code. He continued that discussion at this time is only to address the requested change made by C/M Stelzer to remove the role of the Mayor in this Committee. Mayor Kravitz advised that this Committee was established by the previous administration and he is opposed to taking the Mayor's position from this Committee. C/M Stelzer explained that he suggested this change because all Liaison assignments are made by the Council and if the Mayor is not appointed as liaison to this acumttee, then his role with the Ccra-ittee is incorrect. C/M Munitz referred to the Mayor's objection to the role of the previous Mayor with regard to this Committee. C/M Stelzer stated that his reason for the requested change was only to correct the procedure. Mayor Kravitz stated that the purpose of this Committee was strictly advisory to the Finance Department with regard to suggestions for investments and he feels it is important for the Mayor to have this role, because of his position. The Vice Mayor suggested that the role of the Mayor could cause a conflict of interest in the event that he is on the Board of any bank. C/M Stelzer repeated his question as to whether or not the Investment Committee is needed and the Mayor :replied in the affirmative. C/M Bernstein advised that he has been a member of this Committee and was recently appointed as liaison. He continued that the function of the Committee is primarily as a watch -dog over large sums of money being invested. He added that the Finance Department is doing a good job and even though there could be a possibility of funds being unwisely invested or invested because of certain influences, it is not happening at this time. He said that up to now the Ccxmuttee has only been advisory and he believes that it will continue in this manner. 10/31/84 /c:mt Alice Norian observed that both the City Manager and the Finance Director are qualified and questioned the need for this Committee. She said that anyone could advise either of these gentlemen on the subject of insurance or investments at any time. Vice Mayor Stein stated that there is a question of whether the Committee is needed and the Mayor said that this subject will be discussed at a Council Meeting. City Attorney Henning asked if any changes were needed on the draft at this point and the Mayor advised that if Council wishes to continue the Committee, then no further changes are necessary. Continuing with Committee Procedures, C/M Munitz referred to page 5 where it states that all cammittee menbers must be residents of the City. He asked if consideration had been given to a previous suggestion of the President of the Chamber of Camierce that business owners and/or managers became involved in various committees. C/M Stelzer stated that this was already added to the Beautification Committee. City Attorney Henning clarified that the question was whether or not this provision should apply to all cammittees or if it should be by exception. All agreed that it should be by exception. Vice Mayor Stein referred to page 4 and stated that there should be no question that members should not serve on more than two boards. C/M Stelzer repeated his suggested change regarding conflict of interest with the Board of Adjustment, but the Burglar Alarm Committee should be crossed out. Melanie Reynolds asked if the Recreation Director serves on the Recreation Committee and the Mayor advised that she does not have a vote on this Committee. Ms. Reynolds advised that if the Recreation Director does not appear, the Committee does not hold a meeting. C/M Munitz stated that if there is a quorLrn, they should a meeting whether she is there or not. Mayor Kravitz agreed. Mr. Avidon referred to page 4b) and pointed out that the Public Information Committee calls for a member of the Council and the Charter Board. C/M Stelzer advised that this is an exception in the Charter. Mr. Lieber asked if the Charter Board is prohibited from appointing Co mmittees and the Mayor advised that the Charter Board could have whatever committees it chooses. Mr. Godin referred to page 5 regarding the Retirement Plan and asked if this was exempt. The City Attorney confirmed that it was. Vickie Beech, resident, asked if input from the public is invited during a Workshop. Mayor Kravitz replied that the public is especially invited to speak at a Workshop; however time does not permit that at this Workshop. Mayor Kravitz adjourned the Workshop at 11:00 A.M. / IS This public document was promulgated at a cost of $ /v�� 0'1or $ 3 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. QZ 10/31/84 /ant i 1J