HomeMy WebLinkAbout1986-05-16 - City Commission Special Meeting Minutes (2)0
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May 12, 1986
NOTICE OF PUBLIC HEARING
CITY COUNCIL
TAMARAC, FLORIDA
Please be advised that the City Council of Tamarac will hold
a Public Hearing on Friday, May 16, 1986, at 10:00 AM in the
Council Chambers of City Hall, 5811 NW 88th Avenue, Florida.
1. Proposed Amendments to the FY 1985 86 - Discussion and
possible action on:
1) General Fund Budget Temp. Ord. #1259. First Reading
2) Utility West Budget Temp. Ord. #1260. First Reading
3) Utility East Budget Temp. Ord. #1261. First Reading
4) Special Funds Tgmp, Ord. #1262. First Reading
5) Revenue Sharing - Temp, rd. #1264. First Reading.
FINAL ACTIO
APPROVED 1), 2) and 5) on first reading as submitted.
APPROVED 3) on first reading as amended in the title,
Line 3, adding "an amount of" and Line 4, after the
amount, add the word "to".
APPROVED 4) on first reading as amended to show the
totals in the title and, in Section 1, above the
amount in Column 1, "Previous Budget" and in Column 2,
"New Budget".
2. Possible Action ._regarding City Clerk - Discussion and
possible action.
FINAL ACTION:
Agendized by Consent. Council DENIED the City Manager's
request for suspension of the City Clerk for one week
without pay; however, they recognized the reprimand and
unbecoming conduct of the City Clerk as evidenced by her
public apology and cancellation of her seminar to
Boston, which was previously approved by Council.
Mayor Hart stated he would make a personal investigation
with the City Manager's approval and file a written
report.
The public is invited to attend.
Irsuant to Section 286.0105, Florida Statutes Zq2det�
tt a person decides to appeal any decision made by the city Marilyrf Be r t h of f , CM
Oouncil with respect to any matter considered at such meeting or City Clerk
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 A PMAL OPPORTUNITY EMPLOYER
POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS
CITY OF TAMARAC, FLORIDA
SPECIAL CITY COUNCIL MEETING
May 16, 1986
Tape 1 CALL TO ORDER: Mayor Hart called the meeting to order on Friday,
May 16, 1986, at 10:00 A.M. in the Council Chambers.
71
ROLL CALL: PRESENT:
ALSO PRESENT:
Mayor Bernard Hart
Vice Mayor Sydney M. Stein
Councilwoman Helen Massaro
Councilman Jack Stelzer
Councilman Arthur H. Gottesman
Larry Perretti, City Manager
Richard Rednor, Acting City Attorney
Patricia Marcurio, Secretary
Pauline Walaszek, Secretary
2. P ss'ble Acti n Begarding City Clerk - Discussion and possible
action.
SYNOPSIS OF ACTION: Agendized by Consent.
Council DENIED the City Manager's request
for suspension of the City Clerk for one
week; however, they recognized the reprimand
and unbecoming conduct of the City Clerk as
evidenced by her public apology and cancellation
of her seminar to Boston, which was previously
approved by Council.
P
City Manager Perretti said he sent a letter to Council regarding
his intentions to suspend the City Clerk for one week without pay
as a disciplinary action. V/M Stein said this situation has
determined that there is a conflict between the Charter and the
Personnel Manual and this should be reviewed further.
V/M Stein noted that this matter was given to the newspapers
before Council had a chance to review this. He read into the
record a letter which all members of Council received from Marilyn
Bertholf, City Clerk: "I would like to take this opportunity to
extend my personal apology to you for the unprofessional,
unbecoming way I behaved on May 14, 1986. Because of the
difficult experience at the Council meeting, I was carried away
and said certain things which should not have been said. I hope
you will see fit to accept this apology." He noted that this was
initialled by Mrs. Bertholf.
V/M Stein said considering this public apology, he MOVED to DENY
the City Manager's recommendation of a week's suspension without
pay. He said he does not condone this conduct; however, he feels
that this would be too severe a punishment. He said Mrs. Bertholf
is also accepting punishment in the fact that she has withdrawn
her application to go to the seminar in Boston, which precipitated
this discussion. SECONDED by C/M Stelzer.
Mr. Rednor noted that this item should be Agendized by Consent
before any further discussion on this item and V/M Stein so MOVED,
SECONDED by C/W Massaro.
"sue
ALL VOTED AYE
C/W Massaro said this is not the first occurrence of this type
from the City Clerk. She said the personnel in the department are
not allowed to speak or help one another and this is public
knowledge. She said this is not the way a department should be
run. She said to just allow the City Clerk to withdraw from a
seminar is not the way to show the City Manager that he is being
supported by the Council. She said the City Clerk wrote a letter
of apology but did not sign it and she felt that was an insult.
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5/16/86
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C/M Gottesman said he was asked by people in the City Clerk's
office several times during the past year how this department is
run in the fashion it is. He said he knows of 3 secretaries that
resigned from that department because they could not work under
the existing conditions in the department. He said he feels a
reprimand should not be overlooked and the letter of apology does
not cover the many problems there.
V/M Stein said the City Clerk has been with the City more than 10
years and he questioned why she has not been dismissed before this
if C/W Massaro knew of this type of behavior. He asked why this
has been tolerated and he suggested an investigation be held
concerning this. He said a suspension would not solve the problem
in any event.
C/W Massaro said Mrs. Bertholf has not been City Clerk for over 10
years and there have been other things going on during this time.
She said the employees have been going to her and asking if
something could be done about the City Clerk. She said she has
been corrected several times and she promises each time to stop
but the situation has gotten worse. She said a firm investigation
should be made into this department. She said she has spoken to
the City Manager many times and asked him to take action on this.
C/M Stelzer questioned why people have confided in C/M Gottesman
concerning this when he has been involved in the City for 14 years
and has never had anyone complain about the City Clerk's office.
He said there were rumors that the previous administration had a
list of employees to be dismissed and he said everyone on that
list except the City Clerk and one other person are no longer in
the employ of the City.
Mayor Hart said he does not believe in witch hunts and he has
always found Mrs. Bertholf to be cooperative. He said he has
never seen anyone in the City Clerk's office upset and no one has
ever approached him with a complaint.
City Manager Perretti said that the professional way of dealing
with any person, especially a department head, is to speak with
them privately. He said that Mrs. Bertholf has been counseled in
a professional manner in his office on many occasions about the
same things stated in the letter. He said the only reason that
nothing has been done in the past is because the department heads
who associate with Mrs. Bertholf on a daily basis have seen that
she has been getting away with things. He said he has been
keeping a low profile on the matter based on the fact that he has
counseled Mrs. Bertholf hoping for a change because he feels she
has the ability to be a good City Clerk; however, her behavioral
pattern is damaging her ability. Mr. Perretti said that by not
reprimanding a department head because of the consistent behavior
pattern, is really hurting the grievance procedure in the City.
He said that if one of Mrs. Bertholf's employees acted in the same
manner, he is sure that she would be in the personnel department
asking for the dismissal of that employee rather than reprimanding
that employee. Mr. Perretti said that many department heads have
spoken to him and the department heads are willing to come forward
to verify Mrs. Bertholf's behavior. Mr. Perretti asked Council
that before they make a decision to please be aware of the on
going behavior from Mrs. Bertholf.
Mayor Hart said that Mr. Perretti is already reprimanding Mrs.
Bertholf in addition to the suspension stated in Mr. Perretti's
letter to her. Mayor Hart said that the only thing that is being
done regarding the letter is removing the suspension. He said
that Council is not changing the fact that Mrs. Bertholf is being
reprimanded.
V/M Stein reinstated his motion to deny the City Manager's request
for a suspension of the City Clerk of one week without pay.
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Mayor Hart said that he will make a personal investigation with
the City Manager's approval. He then will file a written report
with the Council.
Mrs. Blumfield asked if it was not the City Manager's
responsibility to inform the new Council of the behavioral problem
with the Mrs. Bertholf.
Mr. Perretti said that no, he does not have to inform the Council
when he is counseling. Mr. Perretti said that the problem with
bringing the previous complaints forward was because when the
complaints were brought to him, no one would come forward because
of the fear of losing their jobs. Mr. Perretti said that without
someone coming forward, he had no witnesses only hearsay. He said
that at this particular time, he does have witnesses who are
willing to describe Mrs. Bertholf's behavior.
Mr. Feldman said he feels that Council is not maintaining dis-
cipline. He said that when he ran for office, he filed papers and
Mrs. Bertholf interfered. He feels that Council is slapping Mrs.
Bertholf on the wrist and telling her to keep on doing what she is
doing. He said he feels Mrs. Bertholf must be reprimanded.
C/M Gottesman said that more than three people who have worked in
the City Clerk department have come to him many times just to
express their views.
VOTE: C/M Gottesman Aye
C/M Stelzer Aye
C/W Massaro Nay
V/M Stein Aye
Mayor Hart Aye
Mayor Hart said that in the future, no employee or City officer or
City official is to give information to the press on something
that has not been approved or discussed by the Council.
1. Proposed Amendments to the FY 1985/86 - Discussion and
possible action on:
1)
General
Fund Budget Temp,.
Ord.
#1259.
First
Reading
2)
utility
West Budget Temp.
-Ord.
#1260.
First
Reading
3)
Utility
East Budget Temp.
Ord.
#1261.
First
Reading
4)
Special
Funds Tgmp.
Ord
41262.
First
Reading
5)
Revenue
Sharing Temp.
Ord.
#1264.
First
Reading
SYNOPSIS OF ACTION:
APPROVED 1), 2) and 5) on first reading
as submitted.
APPROVED 3) and 4), on first reading as amended
1) Mr. Rednor read Temp. Ord. #1259 by title.
C/M Stelzer MOVED for approval of first reading, SECONDED by
V/M Stein.
Ib
C/M Stelzer said that at a workshop meeting for the general
Fund Budget, the City Manager revised the estimates of the
income and it was determined that more money would be
available for the year than originally anticipated. The
contingency fund was increased and additional funds were
applied to various department budgets.
Mayor Hart opened discussion to the public.
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5/16/86
/pm
Mrs. Melanie Reynolds said that generally more information is
given to the public concerning the budget. She said that
there was no public hearing on the Federal Revenue Funds as
far as she knows.
Mayor Hart closed discussion to the public with no response.
C/M Stelzer said that this was a six (6) month review made by
the City Manager not a Formal Budget Hearing.
C/W Massaro said that she did not understand why Council would
have to act upon the item if it is just an adjustment and not
an annual budget.
V/M Stein said that the reason Council needs to act upon the
item is because the amount stated in the budget is being
exceeded. The reason for the Hearing today is to extend the
sums of expenditures the City will be entitled to spend.
C/W Massaro asked if Council is acting on what is anticipated
to be received and not on what the City actually has.
C/M Stelzer said that the City actually got back more than
what was anticipated.
Frank Etheredge said that what he did was analyze what the
City received in the first six (6) months and prepared pro-
jections based on the analysis and reviewed what had been
spent in the first six (6) months and then cut back wherever
possible.
C/M Stelzer said that in all the Budgets the City has ever had
the City ends up with a lot more money coming in.
C/W Massaro asked if there would be another public hearing on
the budget. C/M Stelzer answered that there will be a second
hearing.
Y2E = ALL VOTED AYE
2) Mr. Rednor read Temp. Ord #1260 by title.
V/M Stein so MOVED for approval on first reading, SECONDED by
C/M Stelzer.
Mayor Hart opened and closed discussion to public with no
response.
C/M Stelzer said that the City found that expenses were going
down. He said that the estimated expenses were cut because
the City did not spend the money that was anticipated. There
were items in the expense portion of the budget that never
came to pass so therefore it was possible to cut the budget in
that manner.
Y_QTE: ALL YOTED AYE
3) Mr. Rednor read Temps Ord._#1261 by title.
V/M Stein suggested on Line 3, adding "an amount of" and Line
4, after the amount, add the word "to".
V/M Stein so MOVED with amendments for approval on first
reading, SECONDED by C/M Gottesman.
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5/16/86
/pm
c/
17,
lb
Mayor Hart opened and closed discussion to public with no
response.
C/W Massaro asked if the lift stations that needed to be
rebuilt were included in this Ordinance. Frank Etheredge
responded that the lift stations were still in the Ordinance.
C/M Stelzer said that there was money transferred into the
reserve fund. That is where the difference is. Frank
Etheredge said that the transfer to the reserve fund is the
transfer necessary to cover all the projects.
VOTE•
ALL VOTED AYE
4) Mr. Rednor read TemR. Qrd.1262 by title.
V/M Stein suggested that the totals in the title be shown and,
in Section 1, above amount in Column 1, add "Previous Budget"
and in Column 2, add "New Budget".
V/M Stein MOVED approval with amendments on first reading,
SECONDED by C/M Stelzer.
Mayor Hart opened and closed discussion to the public with no
response.
C/W Massaro asked where is the money being spent for side-
walks. Frank Etheredge said that he was advised that the
sidewalk project should be closed out. He said that
originally the City was taking the interest of the fund and
transferring it to the general fund and now the City decided
to close the fund out. Frank Etheredge said that nothing has
ever been spent in that fund.
C/W Massaro said why that cannot be done. She said that there
is money put in there for certain things and those things have
not been done and there is a possibility of being required
by someone to do these things. She said that money cannot be
eliminated.
V/M Stein said that this is not like the Utility Budgets;
this Ordinance is for special funds. He said that at any time
money can be transferred back to the sidewalk fund. He said
that it really does not make a difference where the money is
put because it cannot be spent until it is approved.
C/W Massaro said that if the City decides that a sidewalk
must be constructed then the City knows that there is money in
there for that purpose and it is not being pulled out of the
general fund.
C/M Stelzer asked Mr. Etheredge if there was any money taken
out of the Sidewalk fund last year. Mr. Etheredge said that
there was no money taken out of the fund last year and nothing
charged to it this year.
V/M Stein said that the accountants are objecting to the
amount of separate funds which are not being utilized.
VOTE.
ALL VQTE AYE
5) Mr. Rednor read Temp. Qxd= 1264 by title.
V/M Stein MOVED approval on first reading, SECONDED by C/M
Gottesman.
i
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5/16/86
/pm
Mayor Hart opened and closed discussion to public with no
response.
Mr. Etheredge said that originally in the fiscal year budget
the City budgeted money for street lights. The money in the
general fund was enough to cover what the projected street
light expenditures would be for the year. Therefore, it was
not necessary for this money to be spent in the Federal
Revenue Fund. The City is facing cutbacks in July and
September allocations from the Federal Government.
VOTE:
L TE AYE
Mayor Hart adjourned the me ing at 10:00
MAYOR
ATTEST:
/112
�.ITY CLERK
This Public document was promulgated at a cost of
$Q or $_;.8a 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.
CITY OF TAMARAC
1aPFTOVED AT MEETING OF Ca
City Clerk
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