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HomeMy WebLinkAbout1985-05-13 - City Commission Joint Special Meeting Minutes-2 • MAIL REPLY TO: P.O. BOX 25010 TAMARAC, FLORIDA 33320 5811 NORTHWEST 88TH AVENUE TAMARAC, FLORIDA 33321 TELEPHONE (305) 722-5900 1011 lam",to] .3:�y:[@]=uIat2k0 ►[e] CITY COUNCIL AND CHARTER BOARD April 29, 1985 There will be a Joint Workshop Meeting between the City Council and Charter Board on Monday, May 13, 1985, at at 10:00 a.m., in the Council Chambers of City Hall, 5811 NW- 88 Avenue, Tamarac. The purpose of this meeting is to further discuss the relationship between the City Council and the Charter Board. The public is encouraged to attend. GAS rz�A� Carol E. Barbuto Assistant City Clerk AN EQUAL OPPORTUNITY EMPLOYER POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS CITY OF TAMARAC, FLORIDA JOINT WORKSHOP MEETING CITY COUNCIL AND CHARTER BOARD Tape 1 May 13, 1985 CALL TO ORDER: Mayor Kravitz called the meeting to order at 10:00 A.M. on Man ay, May 13, 1985 in the Council Chambers of City Hall. ROLL CALL: CHARTER BOARD - PRESENT: Morris Haber, Chairman Zeke Feldman Bruce Hoffman ABSENT: Jim Godin, Vice Chairman Moni Avidon CITY COUNCIL - PRESENT: Mayor Philip B. Kravitz Vice Mayor Helen Massaro Councilman Arthur H. Gottesman Councilman Raymond J. Munitz ABSENT: ALSO PRESENT Councilman Sydney M. Stein Elly F. Johnson, City Manager Jon M. Henning, City Attorney Vivian Gallagher, Secretary Mayor Kravitz stated that the purpose of this meeting is to further discuss the relationship between the City Council and the Charter Board and the public is encouraged to attend. Mr. Haber said that the Charter Board asked for certain privileges and rights at the first Joint Workshop Meeting which was held on April 1, 1985 and have received no answers. He referred to the Health and Liability Insurance and stated that Mr. Henning was going to check further. Mr. Henning stated that he would be happy to discuss, individually, any items concerning Health and Liability Insurance. He said he felt the Liability Insurance item was answered at the April lst meeting when he said the Florida Statutes, #768.28 provides for the limited waiver of soverign immunity for public officials and employees. He also advised that the Council is considering other changes of the Health Insurance plan regarding disability retirement provisions and plans to pursue this further and requested Council,direction. He also said he has to check with the Insurance Administrator. He noted that there was a question on titles of the members of the Charter Board and in researching has found that technically it would be legal for Charter Board members to be given a title. He said that except for one recent amendment to the Charter, the members of Council, in the Charter, are referred to consistently as Council members, except for the Mayor and Vice Mayor who are mentioned by title. He also stated that the Council is Article IV, Chapter 4 of the Charter and the Charter Board is Chapter 8. Ln Chapter 8, the Charter Board members are referred to as Charter Board members. He said he felt there should be some uniformity. He said that in his opinion it is legal to have a title but he felt consistency is needed. He suggested the Charter Board members work with the Council and he would prepare the appropriate resolution. Mr. Henning said that one other item that was raised at the last meeting r_ was a request for enhanced cooperation from the staff and since April lst there have been several Charter Board meetings. He said the City Manager has coordinated with the Charter Board introductory procedures where 1 or 2 department heads come and explain themselves and their departments to the Charter Board. Two benefits would be to have face to face association with the members and the people and to give the Charter Board a general under- standing of the department so that their inquiries may be made to the proper channels. Joint Workshop City Council/ Charter Board May 13, 1985 Page 2 Mr. Haber stressed that relations are much better. Mr. Haber added that he would like to finalize the nomenclature and Health Insurance issues. Mr. Henning stated that the Health Insurance item is one area that will require Council authorization in order to enact it. It had been defeated in the past due to salary and hours. He said since the City is now self -insured, it is a question of legality. Mayor Kravitz suggested if the Charter Board were to make a recommend- ation for Council to consider this and obtain the back up and, at that time, take it up at pre -agenda. Mr. Henning said he will have something within 10 days regarding past history and present research. Mr. Haber wished to address the nomenclature item. Vice Mayor Massaro said that too many Commissioners would cause a loss of all substance. Mr. Hoffman said that the Charter Board, as an elected body, should have some recognition above and beyond that of other boards. He said that there has been a feeling throughout City Hall that the Charter Board is the same as any other board and actually it is not because they are elected by the people and responsible to the people. Vice Mayor Massaro pointed out that a State Representative is referred to as Mr. and he is an elected official. Mayor Kravitz recommended that the Charter Board take this issue up on their agenda, make recommendations and the City Attorney can go over it and make recommendations. Mr. Henning suggested the Charter Board discuss this item and if a title is proposed a request to the Council should be made. Mr. Haber said the Charter Board is requesting particular things from the City Manager such as tolls. He stated that at this time the Charter Board is investigating the situation with the Tampa trip. The Charter Board is requesting proof that the trip was actually made. Mr. Johnson, City Manager, stated that the past practice was that one sheet was called a voucher and was sufficient. He said the Council changed this practice to be that no one would be reimbursed without a receipt. Mr. Henning stated that it was indicated to him that Councilman Stein and former Councilman Stelzer went on different routes. Mr. Haber said that everything is identical, except the mileage. Mr.Feldman said that a mere voucher is insufficient and an itemized voucher is what he would suggest. Mr. Johnson stated that he personally delivered 10 copies of the change to the Charter Board. Mr. Haber indicated that the Council, in its functions, sometimes in-- vited the Charter Board to extra city functions. He stated that in -� order to function properly, the Charter Board needs a proper allotment.. to attend these functions. He said if it is something the Charter Board is interested in, they should be permitted and invited to go and reimbursed for expenses. He gave the example of the upcoming League of Cities. Joint workshop City Council/ Charter Board May 13, 1985 Page 3 Mayor Kravitz said that at the next Broward League of Cities Dinner, which is Thursday, there is an item on the agenda to deal with ESM. He stated that it is his understanding that Mayor cannot invite people to attend. Mayor Kravitz said the Charter Board does not have in their budget, monies alloted for this. He suggested that the Charter Board members would have to ask Council to amend the budget and give them that allowance. Therefore, he recommended that the Charter Board go to this function, if they wished, and pay for it and ask for a re- imbursement or pay for it individually and ask at the next Council meeting to approve between now and the next budget (October 1st) that the Charter Board would like an allotment for any functions they may wish to attend. Mr. Johnson pointed out that the deadline for reservations is today. Vice Mayor Massaro explained that the City is trying to conserve and if the Charter Board is concerned about financial items a full Charter Board need not go. She said that the City does not know where it stands financially at this time and should not spend money needlessly. Mr. Henning, City Attorney, is planning to attend but no member of the Council is going. Mr. Carl Alper, citizen of Tamarac, stated that he thinks the Charter Board does not know the duties and powers that it has and the limitations on those powers. He advised that the Charter gives the Charter Board 5 functions and read from the Charter, SEC.8.02 (a) stating that the power is contrary to the spirit and purpose of the laws since the Magna Carta and the founding of the Republic. He gave an example if an employee of the City is accused of fraud or dishonesty, it should be handled appropriately because once the Charter Board holds a public hearing, that man is already smeared no matter how innocent. He said that this power is contrary to the 5th Amendment of the U.S. Consti- tution and the Florida Constitution which requires a presentment to a grand jury. He then read SEC.8.02 (b) stating that this is opposed to SEC.6.09 (a) of the Charter which states that the power to propose amendments to any section of the Charter is reserved to the people ►bf the City. He continued with SEC.8.02 (c) submitting that any resident of the City may participate with the manager and responsible City officials in preparation of the budget. He read SEC.8.02 (d) noting that the Supreme Court of the U.S, has repeatedly said that redistrict- ing is totally unnecessary wherever elected officials have to run City- wide. He concluded with SEC.8.02 (e) stating that he didn't think the Council ever requested a special study to be made by any Charter Board and he didn't believe the Charter Board has the expertise to make special studies. He said that some of the rights the Board has are harmless and useless and none of the 5 duties are helpful to the City. Mr. Feldman said he resented the fact that Charter Board does not know the Charter. He said the Board is in the process of going over the Charter for revisions therefore they have knowledge of what is in the Charter. Mr. Haber, Chairman, stated that the Charter Board has a function and that too much credit upon the incredibility of the function of the Council is placed upon the Council by Mr. Alper. He said that the Charter Board and the Council are here to work harmoniously with each o ther. . Mr. Alper said his statement was that the Charter Board should act within the rights and duties the Charter has given it. Mr. Hoffman totally disagreed with Mr. Alper and stated that the City has competent legal advice on the functions of the Charter Board. Mr. Henning commented on the handout given stating that he copied 2 pages on ARTICLE IV about Legislative and 2 pages from ARTICLE 8 in order to clarify the nomenclature item. Vice Mayor Massaro pointed out that when this Charter was being written by the People's Charter Committee they were very firm that they be called Councilmen not Commissioners. l/' Joint Workshop City Council/ Charter Board May 13, 1985 Page 4 Mr. Henning said the reference to Councilman has been carried out consistently. Mayor Kravitz stated that it is beneficial to the City to meet together. Mr. Henning reviewed 3 assignments given to him which were the Health Insurance, awaiting direction regarding title of Charter Board members, and the City Manager and Mr. Henning will look at budget and expenses. Mr. Henning also advised that April 1st there was a request for a Liti- gation Report and he will provide a copy to those who did not have one. Vice Mayor Massaro stressed that nothing should be paid without a voucher and the voucher should be self explanatory. Mr. Munitz said back up proof should accompany the voucher and the Charter Board wants receipts. Mayor Kravitz suggested that the Charter Board meet and make recommend- ations and if in the future the Board wants these workshops he would be more than happy to call a workshop in the future. Mayor Kravitz ADJOURNED the meeting at 11:00 A.M. Clerk Y This public document was promulgated at a cost of $48.60 or $2.03 per copy to inform the general public and public officers and employees about recent opinions and considerations by the 1-1