HomeMy WebLinkAbout1985-05-13 - City Commission Joint Special Meeting Minutes-2
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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
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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
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