HomeMy WebLinkAbout1990-05-10 - City Commission Joint Workshop Meeting MinutesCITY OF TAMARAC
CITY COUNCIL AND CHARTER BOARD
JOINT WORKSHOP MEETING
THURSDAY, MAY 10, 1990
CALL TO ORDER: Mayor Abramowitz called this meeting to
or er on Thursday, May 10, 1990 at 9:15 A.M. in Conference
Room #1 (City Hall).
PRESENT: Mayor Norman Abramowitz
Vice Mayor Bruce Hoffman
Councilman Dr. H. Larry Bender
Councilman Henry Rohr
Councilman Henry Schumann
ALSO -PRESENT: Carol A. Evans, City Clerk
Pauline Walaszek, Secretary
CHARTER BOARD Stan Bernard, Chairman
Judy Kitograd
Dr. Alfred Wald
ABSENT -AND -EXCUSED: Zeke Feldman, Vice Chairman
Muriel Davis
The purpose of this meeting was to discuss the Independent
Charter Review.
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Mayor Abramowitz said the City Council would inform the
Charter Board of what they agreed on for the amendments of
the Charter.
Mayor Abramowitz said the City Council decided at the'
beginning of their workshops that there were changes needed
immediately. He said the City Council established a system
of priorities 1, 2 and 3. He said he consulted with
knowledgeable people and he had to make his determinations on
what was good for the City.
Mayor Abramowitz said he felt there were several changes to
be made; however, he did not want the voters to be
discouraged when they were asked to vote on amendments. He
said the City Council felt that there should be approximately
5 or 6 items placed on the September, 1990 ballot. He said
the Charter Board may not agree with the City Council's
recommended changes.
Mayor Abramowitz said the City Council agreed that there
should be priority 1 items placed on the September, 1990
ballot. He said the City Council agreed that Section 4.02.
City Council; election, terms and qualifications, Article XI.
City Attorney and Section 7.11. Requirements for public
bidding, should be placed on the September, 1990 ballot.
Mayor Abramowitz said the City Council felt that the cap for
public bidding of 2-1/2% should be amended. He said the City
Council received legal advice from the Interim City Attorney
which indicated that the City presently had the right to
combine both budgets and use the total. He said the City
Council felt that this matter was not a priority 1 item;
however, they felt it should be addressed.
Mayor Abramowitz said the City Council felt that the voters
should have a Referendum on the desire to borrow money in
whatever fashion that was best in the interest of the City
for sidewalk and street lighting projects.
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At 9:30 A.M., City Manager Kelly ENTERED the meeting.
Mayor Abramowitz asked the City Clerk to submit the dates
that the language for the ballot had to be submitted to t
County. He said the City Council wanted to place the
amendments on the September, 1990 ballot. He said if a
Special Election was called for the amendments, it would
approximately $29,000.00.; however, if the City placed th
amendments on the ballot being submitted by the County, t
cost would be approximately $13,000.00.
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Mayor Abramowitz said there was a specific time the City ad
to place the amendments on the September, 1990 ballot. Ha
said the City Council intended to immediately establish a
priority 2 list. He said there were important things to De
amended and they would like to spend as little as possible to
get the amendments on a County ballot.
Stan Bernard, Chairman of the Charter Board, said the Charter
Board started reviewing the Charter from the beginning. He
said the Board has not finished their review; however, they
discussed most of the items in the Charter. He said the
Charter Board did not set up priorities because there have
been absences of the Board members. He said he would ha e
liked to hold more meetings; however, they did review se eral
items and expressed their thoughts.
Chairman Bernard said the Charter Board felt that Articl ITV:
Legislation., was important. He said the Board discussed the
terms of office, salaries and expenses of the City Council.
He said the Board did not reach a final conclusion on this
matter; however, they had recommendations on these items)
Chairman Bernard said the Board found several houseclean
items and they felt they were not priority items. He sa
the Board wanted to see the important amendments placed
the September, 1990 ballot.
Chairman Bernard said the Board reviewed the Sections
pertaining to the City Manager, Qualifications of Electi Ins
and Financial Procedures. He said the Board felt they should
discuss Financial Procedures further with the people
involved.
Chairman Bernard said the Articles pertaining to the City
Clerk and City Attorney were discussed by the Board. He
suggested the Charter Board members inform the City Coun it
of the things they felt were important.
Chairman Bernard said the Board did discuss the cap for he
bidding process and they felt this was a priority item. IHe
said this matter was implemented approximately 18 years go
and times were different now; therefore, it should be
changed.
Mayor Abramowitz said he wanted the Charter Board and Ci y
Council to discuss their concerns regarding the amendmen s.
He said there were certain things that were important to the
elected officials; however, everyone seemed to agree tha in
the long run, the amendments would benefit the City.
Mayor Abramowitz suggested the City Council inform the
Charter Board why they felt the amendments they chose sh uld
be placed on the September, 1990 ballot.
Mayor Abramowitz said he would like to hear the Charter
and City Council recommendations because there may be re
that would change his mind. He said he felt that a two
unlimited term would be accepted by the voters; however,
after discussing the matter with the City Manager and
receiving input from the City Council, he realized that
three year unlimited term would benefit the City.
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Mayor Abramowitz said every year there was an election and he
felt that it was devastating to the staff of the City. He
said he changed his mind regarding the terms of office. He
said the City Council felt that three year unlimited terms
would benefit the City.
At 9:35 A.M., Dina McDermott, Assistant City Manager, ENTERED
the meeting.
Mayor Abramowitz said he was waiting for a reason why the
politicians should take the privilege of deciding who should
be in office away from the voters. He said the first person
that informed him that this would be a dynasty, he would
laugh because this was not the intention.
Chairman Bernard said the Charter Board felt that a two year
term was not sufficient time for anyone to gain knowledge and
be constructive in their position. He said the Board would
not object to three year terms. He said the Board did not
make a decision on succession.
V/M Hoffman said the City Council was the legislative body of
the City, not an administrative body. He said there were no
limitations anywhere on a legislative body concerning
succession. He said limits were put on executive branches
such as the President, Governor, etc.
V/M Hoffman said there has never been restrictions on how
many years the Congressmen or State Legislators could serve.
He said the two term limitation was put into affect in
Tamarac because of political reasons. He said he felt this
provision was wrong for the City and he felt the voters would
vote to turn the elected officials out of office if they were
not appropriate for their positions.
V/M Hoffman said the City had a history of one term Mayors
and this was because the voters were not pleased with the
actions of those Mayors. He said the City would not create a
dynasty when the voters made the decisions. He said there
were large voting turnouts in the City and, if the elected
official was not appropriate -for the City, the voters would
vote that person out of office.
V/M Hoffman said one of the strongest arguments for unlimited
terms was that it took years for the legislators to become
familiar with people who could assist the City. He said it
took a person years to gain the confidence of the legislators
in Tallahassee. He said the City needed the legislators and,
if there was a new City Council elected every year, the State
legislators did not know who to deal with. He said the City
was informed that grants, etc., could not be implemented for
the City because they did not know who would be serving on
the City Council next year.
V/M Hoffman said this was something that did not assist the
City and he felt the proper thing to do was to allow no
limitation on the terms of office for the City Council; He
said he felt two year terms was not long enough for a person
to start campaigning. He said he felt the proper number of
years should be three years because it gave the City Council
unstaggered terms and a year where there were no elections.
Mayor Abramowitz said he and Jack Stelzer, former
Councilmember, did not see eye -to -eye on several matters;
however, he recognized that Mr. Stelzer was bright, hard
working, intelligent, knew the City and disagreed with him on
the operation of the City. He said not considering the fact
that Mr. Stelzer was ill, Mr. Stelzer was not able to serve
another year as a Councilmember because the politics of the
Charter dictated that Mr. Stelzer could not run again. He
said this did not seem sensible.
Mayor Abramowitz said the Mayor of Plantation has been
serving for 18 years. He said the City of Coral Springs was
a
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recently having problems because their Mayor of 12 years UAs
no longer serving; however, there were no problems before
this.
Mayor Abramowitz said the dynasty remarks were not true
because he ran against one of the most powerful men the City
had; however, the voters were not satisfied with this person;
therefore, they did not vote for him.
Mayor Abramowitz said he was recently informed that Helen '
Massaro, former Councilwoman, was a dictator toward the le ter
years of her life. He said he informed this person that t e
voters did not reelect her when she became a dictator.
Mayor Abramowitz said the continuity of being in office w,
lacking in the City. He said when he sat down at the
previous budget meetings, he was not the same person that
at the first budget meeting. He said when he was first
elected, Senator Weinstein and State Representatives Joe
Titone and Peter Deutsch visited him. He said he asked e
person individually why the City of Tamarac was not recei'
grants or State funds when all the surrounding Cities rec
assistance. He said each person gave him the same answer
which was that there was no Councilmember in office long
enough to establish a rapport and relationship with the S
Representatives. He said this was detrimental to the Cit
Judy Kitograd said she could argue both sides; however, s
read the minutes of the City Council workshop concerning
matter. She said she reviewed the newspaper article refe
to by the City Council and the editorial indicated that
limiting terms allowed a City Council and Mayor to sit in
last term of office without accountability. He said the
Council and Mayor could be elected and feel that they sho.
not be responsible or bothered because they would not be
reelected.
Judy Kitograd said she reviewed this matter and she felt
the people sitting in office could have no accountability
the -citizens; therefore, the entire administration and
operation of the City was being affected. She said the s
of the City was greatly affected because they felt they
should wait until the next legislative body was in office
She said she worked for the City and she knew this feelin
and nothing could get done until the next legislative bod
was elected.
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Judy Kitograd said the more she reviewed this matter, she
felt she could support unlimited terms in office for the ity
officials. She said she did not feel that two years was
appropriate for the City officials to serve in office.
Judy Kitograd said she was concerned with the unlimited t r:
proposal being forwarded to the residents of the City in n
appropriate manner. She said unless the residents were
informed of why this was being proposed, the vote would n t
be successful. She said most of the voters indicated tha
they were educated; however, this would be seen when the
voters were asked to make decisions on a matter that seem d
like it would be self-serving for the existing elected
officials.
Judy Kitograd said the voters may not disagree with the
concept; however, they would not give in to the existing ity
officials.
V/M Hoffman said the voters could vote against a person i
they did not feel they were serving the City and Judy
Kitograd said she understood this; however, the voters would
have to be educated on the reasoning for this amendment.
Chairman Bernard said the last time the terms of office w1as
on the ballot, the voters elected not to approve the
amendment. He said if the City wanted an educational pr ram
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for the ballot in September, 1990, there was a short time to
educate the public on the amendments.
Abramowitz said the atmosphere in the City at this time was
not the same as the past. He said talking to the residents
as much as he has, he found that the residents had a
different frame of mind about the City than they have in the
past.
Mayor Abramowitz said the City should not be afraid to
advance regardless of whether they lost or won. He said the
City officials should be willing to propose things to the
voters that would benefit the City. He said the City
officials should not be the dictators.
Dr. Alfred Wald, Charter Board member, said the arguments
presented at this time were interesting and beneficial to the
City; however, after reading the minutes of the City Council
workshop, V/M Hoffman stated that he recommended Option 3 of
the recommendation from Carla Coleman, Consultant of the
Independent Charter Review. He said V/M Hoffman said. Option
3 was a three year term with a two or three term limit.
Dr. Wald said C/M Schumann indicated that Option 3 would
provide the Councilmembers only one year extension. He said
V/M Hoffman indicated that he would like a three year
staggered term with a three term limit.
Dr. Wald said at this time, V/M Hoffman changed his mind and
agreed with the unlimited terms. He said it was difficult to
decide what would be best for the City in the future. He
said Ms. Coleman was not positive that unlimited terms of
office would benefit the City. He said Ms. Coleman
recommended as Option 3 that there be a three year staggered
term with a two or three term limit.
Dr. Wald said the expert did not know what terms the City
officials should serve. He said he agreed with everyone
concerning two years not being enough time for the City
officials. He said he had to convince himself that more than
9 years in office was needed in the City. He said if he
agreed with Ms. Coleman's Option 3, he had to be sure that 9
years or more were appropriate. He said he originally felt
that unlimited terms was not in the best interest of the
City; however, the existing terms were not good for the City.
Dr. Wald said he had to find a solution of compromising the
terms as opposed to allowing unlimited terms. He said he
felt that three year staggered terms with a three term limit
may be appropriate. He said he felt that 9 years in office
was appropriate.
V/M Hoffman said he did state what Dr. Wald indicated;
however, he changed his mind after further discussions with
the City Council. He said workshop meetings allowed
different opinions and he did change his mind after hearing
the.City Council concerns.
V/M Hoffman said he felt that his original decision was not
proper and he changed his opinion. He said 9 years was a
long time for terms in office; however, the age make up of
the City officials indicated that young people could not
afford to serve as a City official because of the pay scale
that presently existed. He said the City Council and Charter
Board may continue consisting of retired residents. He said
regardless of what was placed in the Charter, age would be a
final decision in the out come. He said if the City was
fortunate enough to get bright, young people to serve the
City, he did not want to limit their years of service.
C/M Rohr said there were many thoughts concerning the
amendment and he felt a decision had to be based on what
would benefit the City. He said there was no City that was
completely in the same position as Tamarac. He said the City
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1.
had older people and younger people were not able to servo
the City because they had to work. He said the City Council
had to come to City Hall every day and a person gainfully
employed could not serve. He said a former Charter Board
member, Ron Catronio, was a perfect example of this.
C/M Rohr said most of the people that served as City
officials were retired and most of the retired people wero 65
years of age or older. He said people were living longer
more active and the Mayor in Sunrise was 80 years old;
however, he was very alert and able to serve the City. He
said the idea of 9 years being too long to serve as City
official may not be unreasonable. He said he felt that the
type of candidate that came forward in the City since he was
serving should not be pushed out of the City because of the
terms of office.
C/M Bender said Ms. Coleman provided several suggestions �n
the Independent Charter Review and she informed the City
officials of what options should be considered. He said �e
originally approved of three year unlimited terms and Ms.
Coleman indicated that the existing system in the City wa4
limited and it created an atmosphere which shifted more
influence to the City Manager.
C/M Bender said Ms. Coleman indicated that the City Manager
was a non -policy making coach. He said Ms. Coleman indicated
that the City Manager was the only high ranking City official
non -mandated to change every two to four years. He said the
existing system had faults and it automatically shifted the
policy making responsibilities to the City Manager. He said
this was not what he would like done and the City Manager
should remain as the administrator of the City while the City
Council remained the legislators.
C/M Bender said any type of limitation precluded the Citylto
obtain momentum and accomplish what should be done in
establishing a rapport with the higher legislators. He said
he believed that three year unlimited staggered terms shotiAld
be implemented because it would be the best thing for the,
City.
Mayor Abramowitz said with the exception of one person
sitting at this meeting, he did not think that any of the.
existing City officials would be serving a 9 year term. ke
said the future had to be considered and he did not
personally etch himself in stone; however, no one had the
right to take away from the voters the ability to make the
decision of who should serve in office. He said this was the
main concern about changing the terms of office. He said'he
was not ashamed to work as long as the voters wanted him 'o.
He said he wanted the voters to make the decision of who
would work for the City.
Mayor Abramowitz said he would like the City Council and
Charter Board to consider the future. He said C/M Benderiwas
correct in pointing out that the balance of power was being
shifted to the City Manager. He said this was not where the
power belonged because the City Manager and City Council had
specific functions in the City.
Judy Kitograd said there were many people in the City that
were the age of 40 or 50. She said many of these people were
able to serve the City; however, they would not do it because
they would not be able to serve long in the positions. S]�e
said if the City was looking for younger people to get
involved with the City and have continuity, unlimited terns
would be better.
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V/M Hoffman said at the present time there were four
Councilmembers that were not able to run again for office and
did not have accountability to the voters. He said because a
person had to face the voters he had to explain his actions
to the voters and he felt this was very important.
City Manager Kelly said he was in favor of the unlimited
terms of office. He said Ms. Coleman's recommendation was
being misinterpreted. He said his responsibility was not
being shifted from the administrative to policy making;
however, he had a greater degree of influence over the policy
making by virtue of his administrative position. He said
other Cities that had Councilmembers serving unlimited terms
had better positions of influence in Broward County.
TAPE 2
City Manager Kelly said the Other Cities were receiving more
assistance from the State because they would be around in the
future. He said when Mayor Abramowitz was first elected, he
scheduled a meeting with the County so the County Commission
could become familiar with Mayor Abramowitz. He said when he
was first hired there was a position that the City did not
work with Broward County because they were the enemy.
City Manager Kelly said the last time the terms of office was
placed on the ballot, he approved it; however, the voters saw
this as supporting a former Councilmember. He said because
of this, the matter was voted down; however, he would support
unlimited terms of office no matter who it would affect
because it would serve in the best interest of the City. He
said if a person wanted to continue running, the voters would
decide who should remain in office.
Mayor Abramowitz said the City Council expressed their
opinions on the first amendment. He said he was sure about
the amendment concerning the terms of office.
Mayor Abramowitz said the second amendment should be
discussed and, at the next meeting, a final decision could be
made.
C/M Rohr said he wanted the Charter Board to realize that the
City Council's consensus was to amend the Charter to three
year unlimited terms of office and Chairman Bernard said the
Charter Board was aware of this.
Mayor Abramowitz said the next amendment was eliminating the
mandatory need of having an In-house City Attorney, Section
XI.
Mayor Abramowitz said he always felt more comfortable having
an In-house City Attorney. He said he argued that this
position was needed in the City because he liked having the
City Attorney available when needed.
Mayor Abramowitz said he found out in reality that this was
not needed. He said since an Interim City Attorney was
working for the City, he found absolutely no lack of ability
for the City Council to get the legal advice needed. He said
he asked Interim City Attorney Ruf to submit information
concerning the cost savings by not having an In-house City
Attorney and using a Consulting Attorney.
Mayor Abramowitz said he was informed that having a
Consulting Attorney as opposed to an In-house Attorney would
be a cost savings of approximately $100,000.00. He asked
City Manager Kelly if he was correct in stating this cost
savings and City Manager Kelly replied, basically the figures
were correct.
Chairman Bernard said the Charter Board considered the City
Attorney amendment in the same way. He said if the City could
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save a lot of money by not having an In-house City Attorney
it would be in the City's best interest. He said the Boar
has not voted on this matter; however, the Board gave a
consensus on this matter. He said the Board has not asked
for documentation on the cost savings; however, outside
legal services were always needed by the City, which would
cost more money if the City continued having an In-house City
Attorney.
Dr. Wald said approximately 1-1/2 years ago he mentioned
something about the City Attorney position to Mayor
Abramowitz. He said Mayor Abramowitz informed him that iti
would cost more money having a Consulting Attorney as opp oed
to an In-house City Attorney.
Dr. Wald said it made more sense to change the Charter to
allow a Consulting Attorney to work with the City. He said
he felt it was important to employ a Consulting Attorney vho
had an outside interest providing it was not in conflict with
the City. He said he discussed this matter with Interim City
Attorney Ruf and he was informed that approximately
$100,000.00 per year could be saved by having a Consultan
Attorney.
Dr. Wald said the Consulting Attorney was asked to handle
cases that could not be handled by the In-house Attorney
Mayor Abramowitz disagreed with this statement.
Dr. Wald said he felt that Interim City Attorney Ruf was the
expert and it was better to have this type of relationshi as
opposed to having an In-house City Attorney. He said he id
not object to amending this Article to eliminate the mandate
of the City having an In-house City Attorney.
Mayor Abramowitz said Interim City Attorney Ruf was presently
handling the City's business. He said the City Council felt
that the Charter should be amended to reflect that the Ci y
"may" not "shall" have an In-house City Attorney. He said
another City Council may decide to have an In --House City
Attorney.
C/M Rohr said the savings to the City was based on the budget
for the previous City Attorney. He said it would be
difficult to get someone that was as knowledgable as Interim
City Attorney Ruf for the rate presently being paid. He said
he felt the savings would be more and the quality of
knowledge was important.
Mayor Abramowitz said it seemed that the City Council and
Charter Board felt it was a necessity to change the Chart r
to reflect the City having the option to hire an In-house
City Attorney.
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Mayor Abramowitz said Section 7.11. Requirements for pub
bidding., should be changed to reflect dramatic changes i
the bidding process. He said he was able to sit down wit
staff and see how the bidding procedures occurred. He sa'
the City needed a replacement for a 30 year tractor, whic
cost more money than a fleet of vehicles. He said the Ci
had the ability to save $9,000.00 by using the State Cont
for the purchase of a tractor. He said the law required
City to go out to bid, reject the bid, etc. He said after
everything was completed the City used the State Contract,
Mayor Abramowitz said staff was being paid to waste half
their time by doing things that were not beneficial to tx
City. He said it was like building a 17 billion dollar
prison to house people that received parking violations.
said he was not able to make as many changes as he felt v
necessary; however, an amendment was needed to this Sect'
of the Charter.
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Chairman Bernard said the Charter Board felt this was an
important amendment. He said the Board felt that the third
paragraph in the Section should be increased from thirty to
sixty days for bid acceptance.
Mayor Abramowitz said he understood the thot:gtt bet. nd this
suggested amendment; however, if the Cit , v: ss. .fo m r;date
sixty days, it would take several months be:ioic- a bid was
accepted and approved.
Dr. Wald said according to the Charter, the invitation bid
was to contain an acceptance clause gr nt nc the, City a
minimum of thirty days for bid acceptance. E=e. .aid the City
Code indicated that there be sixty days to get the bid
acceptance. He said there could not be one thing in the
Charter and another thing in the City Cade.
City Manager Kelly said when this matter was dircusr-.ed during
the City Council workshop meeting it wa:; cc').,: that the
amendment be rewritten to provide the gteatest ilexibility.
He said Chairman Bernard and Dr. Wald an their
statements. He said sixty days would give st:a: greater
flexibility.
V/M Hoffman said the City did not have to receive greater
flexibility because the City made the decision on how many
days it would take to accept a bid.
Mayor Abramowitz asked if a minimum of thirty days affected
the operations of the bidding process and City Manager Kelly
said thirty days may not be enough time.
City Manager Kelly said a major project would require more
time because the contractors had to work harder than usual to
respond to the specifications. He said more lead time was
needed and it worked out better for the City staff. He said
staff was able to review the specifications and bids if sixty
days were implemented.
Mayor Abramowitz asked what the administration would like the
elected officials to do and City Manager Kelly said sixty
days would be appropriate. He said the ?ang:.age could be
submitted to the City Council and Charter Board if approved.
City Manager Kelly said the City needed greater, flexibility
by allowing up to sixty days and staff wculu provide an
appropriate provision for the ballot.
Dr. Wald said the City presently allowed for sixty days;
however, the Charter only provided for thirty days. He
suggested the Charter be amended to reflect the Code
said.
V/M Hoffman asked why the Charter should stipulate time
limits. He said the time limits should be in the Code and
the Charter should refer to the Codes.
Mayor Abramowitz said if the City could create a provision
that was more practical than the existing language, he would
approve it by looking at it as a resident.
V/M Hoffman said it would be practical if the City informed
the residents that the elimination of the time limits in the
Charter should be done because it was addressed in the City
Code.
City Manager Kelly said the City Council recently discussed
that the administration should make a recommendation to the
City Council regarding it being better for 15, 30, 45 or 60
days.
Mayor Abramowitz said he did not want to lose a bid because
of complications of the bidding requiremc.7,zz.
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V/M Hoffman suggested the City Council and Charter Board
review this matter and discuss it at their next meeting.
C/M Rohr asked if it would be a problem in changing the
Charter to indicate a maximum of sixty days and City Manager
Kelly said the minimum time to respond on a bid should be
sixty days.
C/M Rohr asked if a minimum of sixty days would create a
problem and City Manager Kelly said if the amount of time Is
included in the Charter he would prefer a minimum of sixt
days.
C/M Rohr asked if City Manager Kelly would like to see th
time limit eliminated from the Charter.
City Manager Kelly said he preferred the time limit be
eliminated from the Charter because it was in
Mayor Abramowitz suggested the City Council and Chi `r:w:r Board
review this matter and make their decision at a laz-tr date.
Dr. Wald said there has been no discussion about :h-e 2--1/ %
cap limit on capital projects and Mayor Abramowit2 said the
City Council felt that this.matter was a priority 2 item.
City Manager Kelly said there was discussion conc(,i:ning
bidding involving the State contracts. He said tli. City was
not required to go through the bidding procedure before g ing
with the State contract; however, it was done several tim s
to compare the cost difference with the State. He said t1le
State usually compiled bid specifications that the City m y
not be able to do. He said the State bid provided a
convenient bid package that already went out to bid.
City Manager Kelly said usually the State contract provid d
bids that were good prices. He said this was possible
because of the volume the State was dealing with. He sai
the Cities were allowed an option of going out for their wn
bids or using the State contracts. He said there were so e
instances where the Cities were able to do better by doin
their own bidding process. He said once in a w:Ilile, the ity
tested the State contracts by doing their own bidding bef re
going with the State contract. 7
Mayor Abramowitz said every Friday he reviewed the fig',.,,,Leps
and everyone was frightened to sign a contract without going
to competitive bidding. He said he understood this; howe er,
he did not feel this was a good business practice.
At this time, Mayor Abramowitz RECESSED this meeting at 1 :35
A.M. and RECONVENED at 10:45 A.M. with ALL PRESENT .
Chairman Bernard said the Charter Board spent several hours
discussing the salaries and expenses for the City Council.
He said the Board did not reach a decision on this matter;
however, they would discuss it further.
Dr. Wald said Section 7.13 referred to the 2-1/2% cap on the
budget and in the past this matter was a great concern. He
said several people had concerns about what the budget mount
actually was. He said the former City Attorney indicate
that the City was appropriate in considering the City budget
to be the General and Utility budgets.
Mayor Abramowitz said the legal interpretation the City
Council received was the Charter provided for 2--1/2% of the
entire budget of the City and had nothing to do with excess
money or use of funds.
Dr. Wald said the Charter mentioned the Utility Departmei
and he would like to clarify in the future how the Utilil
Department should be incorporated better regarding the
operation of the City.
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Mayor Abramowitz said he would like to have the Interim City
Attorney present because he would be remiss by giving a legal
interpretation. He said if this matter was considered as a
priority 1 item, it should be discussed; however, the City
Council and Charter Board should have another meeting before
finalizing the amendments.
Mayor Abramowitz asked if the Charter Board had other things
they felt should be placed on the September, 1990 ballot.
Chairman Bernard said there may be other things the Charter
Board wanted to add to the September, 1990 ballot; however,
they would like to meet to finalize their review of the
Charter.
Mayor Abramowitz said he would ask to do whatever was needed
in order to inform the public of the amendments agreed upon
by the City Council and Charter Board. He said the priority
2 items should be given to the public to consider.
Mayor Abramowitz suggested the City Council and Charter Board
schedule another meeting to discuss and finalize the
amendments. He said the City Council would be addressing the
priority 2 items for the next Referendum after the September,
1990.
Chairman Bernard said a member of the Charter Board asked why
the City Council was in a hurry to place the amendments on
the September, 1990 ballot.
V/M Hoffman said the City could place the amendments on the
September, 1990 ballot which would be done by the County as
opposed to the City having a special election.
Chairman Bernard asked if the amendments could be placed on
the ballot in November, 1990 and Mayor Abramowitz asked if
the Charter Board members and City Council were too busy to
be able to devote their time on the important amendments for
the September, 1990 ballot.
V/M Hoffman said the November, 1990 ballot would required
voting on a Governor, State Representatives, etc. He said he
felt there would be enough on the November, 1990 ballot;
therefore, he would like to have the important amendments of
the City Charter to be on the September, 1990'ballot.
Mayor Abramowitz said having too many items for the voters to
decide would create a problem. He said the City Council felt
it would be better to put the major amendments on the
September, 1990 ballot because it would not be as confusing.
Chairman Bernard said the Charter Board was not challenging
when the amendments should be put on the ballot; however, he
would like the record to reflect the concern of a Charter
Board member who was not present.
Mayor Abramowitz said he was sure that there may be people
who would like this matter deferred to 1997; however, this
did not make sense. He said he was very pleased with the
City Council and Charter Board reviewing the Charter and
making amendments.
Dr. Wald asked where or how the amendment for the increase in
salaries for the City Council would affect the existing City
Council members.
Mayor Abramowitz said he would like the language of the
ballot to indicate that the amendment would be effective upon
approval.
Chairman Bernard said he felt that when an item was approved
it should be enacted immediately. He said an item should n"t
remain in abeyance for 2 or 3 years.
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Mayor Abramowitz said if the voters did not like the pers
up for reelection, they could vote that person out. He s
there were certain things in the existing Charter that ne
to be amended; however, he felt that the priority items
should be addressed first. He said he felt that the City
Council and Charter Board had to make amendments that wou
be beneficial for the City now and in the future.
Mayor Abramowitz said there were several people who asked
that the Charter Board be eliminated; however, the City
Council did not feel this way.
V/M Hoffman said he felt it
and City Council could sit
to the City in the future.
id
ded
was great that the Charter Bo Ird
at a meeting and items beneficial
C/M Bender said the Charter was a document that should be
stable for a long time. He said the Charter should not have
specific provisions that often required revisions. He said
he felt the Charter should be revised to contain broad
guidelines with specifics left to the City Code to implement
the working details. He said there were several things i
the existing Charter that should only indicate where the
rules and regulations could be found such as City Code or!y
State Statutes.
C/M Bender said the City Code should be amended as oppose
to
having to go to Referendum to make changes to the Charter
He said the Constitution of the United States was broad a
d
it implemented the structures. He said he felt the Chart
r
should not contain specifics and the City Council and Cha
ter
Board should consider this when they make their decisions
on
the amendments to the Charter.
Dr. Wald said if the amendments were done in this way thee'
matter was entirely different than the decisions that the'
City Council and Charter Board were making. He said C/M
Bender suggested that the entire Charter be amended inste'd
of amending the priorities.
C/M Bender said he was not indicating this; however, he would
like to see the revisions of the Charter implemented whenever
possible. He said it may take several years to get the
amendments implemented; however, when all the amendments
ere
made the Charter would be a solid structure for the City.'.
V/M Hoffman said the City Council was making recommendations
for the future. He said the City Council wanted to remove
limitations on the terms of office, having a City Attorney
and the amount of time required for referendum. He said h
felt the Charter should indicate the prohibition of what he
City was not allowed to do rather than mandate what shoul be
done.
Judy Kitograd said the Charter Board discussed this and t ey
were not disagreeing with the amendments. She said there
were several things in the Charter that the Florida Statutes
addressed. She said the Board felt that a lot of the
language in the Charter could be eliminated because of the
Florida Statutes language. She said the Charter could
appropriately reflect "as per the Florida Statutes". She,
said this could be done for items that the City Code
addressed as well.
C/M Bender said the Charter should indicate that the Cit
Council should have an expense account in accordance wit
City Code. He said the Charter should be the frame work
the City to follow as opposed to describing the material
needed. He said if these amendments were made to the
Charter, it would stand up for several years without
additional changes. ,
the
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Mayor Abramowitz said he did not want the Charter to be an
instrument of political expediency.
Chairman Bernard said the Charter Board felt there were
certain things that could be moved into different areas in
the Charter. He said a part in the financial procedures
sections could be moved into the City Manager section. He
said qualifications and elections had provisions that could
be moved to other areas; however, these items were not
priority items.
Mayor Abramowitz said these were things that should be
discussed and, if needed, they could be amended. He said
= previously Chairman Bernard stated that there were articles
-that-were put on the ballot which were defeated. He said he
feltI the items were voted down because they were perceived to
be instruments of political expediency. He said he was
convinced that the voters and elected officials were
perceiving things differently today.
Mayor Abramowitz said the outlook may have changed because
the City Council and Charter Board could sit and discuss
items in the best interests of the City.
Mayor Abramowitz said the next meeting could be set once
everyone was aware of what days were convenient for them.
Chairman Bernard said one of the Charter Board members would
be away to May 23, 1990 and he knew time was important for
the amendments. He asked if the meeting could be set after
that date.
Mayor Abramowitz said the time frame was important;
therefore, the dates for the meetings had to be scheduled in
time so the amendments could be placed on the ballot. He
said before meeting dates were set for the City Council, he
asked the Councilmembers to review their calendars to see
what days would be best.
Mayor Abramowitz asked the City Clerk to send out a
memorandum to the City Council and Charter Board concerning
when the amendments had to be submitted to the County.
V/M Hoffman asked if two public hearings were required.
TAPE 3
Carol Evans, City Clerk, said the amendments would have to be
approved by Ordinance which required two readings and the
second reading had to be a public hearing.
Mayor Abramowitz asked if the amendments had to be adopted by
Ordinance before the amendments were submitted to the County
and Ms. Evans replied, yes.
Dr. Wald asked if the amendments would be submitted by the
City Council or Charter Board and Mayor Abramowitz said he
was not sure. Mayor Abramowitz asked if it made a difference
how the amendments were presented.
Mayor Abramowitz said he did not think about this matter and
V/M Hoffman said the City Clerk just indicated that the
amendments had to be approved by Ordinance.
Dr. Wald said the Charter indicated that the amendments did
not have to be approved by Ordinance. He said the City
Council and Charter Board agreed that they would discuss this
matter when the matter occurred. He said he was asking the
City Council this question for informational purposes.
Mayor Abramowitz said he was not prepared to give an answer
on this matter because he did not think about this.
Dr. Wald said the Charter indicated that the Charter Board
could place Charter amendments on a ballot. He said there i
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were legal opinions which indicated that this could not b
done. He said there were problems concerning this matter and
the City Council and Charter Board agreed to discuss this
matter when it occurred.
Mayon Abramowitz said this was being dones however, the I
indicated that the amendments had to be approved by
Ordinance. He asked if the Charter Board was able to adc
an Ordinance and Dr. Wald replied, no.
With no further business, Mayor Abramowitz ADJOURNED this
meeting at 11:10 A.M.
A OL A. EVANS, CITY CLERK'
"This public document was promulgated at a cost of $79.00 or
$6.50 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."
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