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Home My WebLink About2003-03-31 - City Commission Special Meeting Agenda (2)CITY OF TAMARAC SPECIAL CITY COMMISSION MEETING CITY HALL CHAMBERS MONDAY, MARCH 31, 2003 CALL TO ORDER: Mayor Schreiber called the Special Meeting of the City Commission to order at 9:35 a.m. on Monday, March 31, 2003 in Chambers at Tamarac City Hall, 7525 NW 881h Avenue, Tamarac, Florida. PRESENT: Mayor Joe Schreiber, Vice Mayor Karen L. Roberts, Commissioner Edward C. Portner, Commissioner Beth Flansbaum-Talabisco, and Commissioner Marc L. Sultanof. ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Mitchell S. Kraft, and City Clerk Marion Swenson. PLEDGE OF ALLEGIANCE LED BY: Mayor Schreiber 1. PUBLIC PARTICIPATION: The following individuals spoke in favor of the Woodlands Independent District: Larry Torn, 4500 King Palm Drive; Bernard Seldon, 4710 Holly Drive; Steve Buck, 4508 King Palm Drive; Les Weinberg, 4504 King Palm Drive; Jerry Buchsbaum, 6206 Orchard Tree Lane; Herbert Lazar, 5805 S Bayberry Lane; Bill Pressman, 5907 Caribbean Pine Circle; Barnet E. Wallitzer, 4607 King Palm Drive; Robert Noskin, 4905 Umbrella Tree Lane; Renee Robinson, 6003 Dogwood Circle; Jack Talabisco, 5215 White Oak Lane; Ron Miller, 4300 Woodlands Boulevard; Stephen Robinson, 6003 Dogwood Circle; and Dr. Stanley Benson, 5305 Sago Palm Boulevard. The following individuals spoke in opposition to the Woodlands Independent District: Alan Shane, 4615 Norfolk Island Pine Drive; Judy Margolis, 4704 Queen Palm; Ernie Davis, 5721 White Hickory; Seymour Margolis, 4704 Queen Palm Lane; Denise Yonn, 5701 S Travelers Lane; Mery Cohen, 6103 Elm Tree Circle; Louis Benson, 5701 Bayberry Lane; Eli L. Schneider, 5706 Bayberry Lane; Victoria Druding, 4400 Queen Palm Lane; Ilene Singer, 9539 Weldon Circle; Walter Rekuc, 5402 Red Cypress Lane; Leo Platz, 5410 Banyan Lane; Karen Kleinman, 5712 Granna Drive; and David Quinn, 5010 Saga Palm Circle. Mayor Schreiber called for a recess at 10:50 a.m. and reconvened the Special meeting at 11:05 a.m. with all present as before. 2. MOTION TO APPROVE TEMPORARY RESOLUTION 10096 stating consistent with Florida Statute 189.404(2)(e)4, that the creation of an Independent Neighborhood District to be known as the Woodlands Independent District is consistent with the approved local government plans of the City of Tamarac and that the City of Tamarac has no objection to the creation of the Woodlands Independent District; approving HB 1569, as amended, which creates the Woodlands Independent District. City Attorney Kraft read Temporary 03/31 /03 1 Resolution 10096, Revision #2 by title. Commissioner Flansbaum-Talabisco seconded by Commissioner Partner moved approval. Commissioner Sultanof asked if approval of Temporary Resolution 10096 with the amended Exhibit B, as proposed by Commissioner Flansbaum-Talabisco would protect Tamarac in its entirety, and Mike Davis, Esq., Bryant, Miller, Olive, P.A., Special Counsel responded that the City would be protected. Commissioner Sultanof asked how the minority would be protected, and Mr. Davis responded this is a broad question and there are protections built into the Bill for individuals affected by assessments and regulations. When the newly created Board adopts regulations they must follow the same procedures as the Mayor and Commissioners follow when they enact ordinances — due process and notice. Regarding special assessments, the Board will be subject to the same legal restrictions as the Mayor and City Commissioners; special assessments must provide a special benefit to property and must be properly apportioned among the properties. Legal standards will apply to the Board and can be litigated in court. Commissioner Sultanof spoke about democracy and protection of minorities. Commissioner Sultanof said he is disappointed that the president of the community, as instructed at the last workshop meeting, did not move forward with the referendum requested by the Mayor and City Commissioners. Commissioner Sultanof spoke crossly about calls and threats he received at his home. Commissioner Partner posed the following questions: would the Woodlands Independent District have the authority to enforce prior deed restrictions or just current standards; is the City responsible for enforcing the standards set by the District; questioned what would happen between the passage of the House Bill and the special election in March 2004; and grants. In response, City Attorney Kraft said the Bill would enable them to enforce standards meeting the requirements of former deed restrictions; if approved as currently drafted, the Bill would require an Interlocal Agreement between the Woodlands and Tamarac, and the Woodlands would bear the financial costs. Mr. Davis said there is a provision for an interim Board, but until a permanent Board is in place new standards cannot be imposed. Mr. Davis said the Woodlands Independent District would have the authority to apply for the same grants the City could apply for, but it would need to be addressed in the Interlocal Agreement. City Attorney Kraft said there are two Exhibit B's attached to proposed House Bill 1569; the original Exhibit B and revisions suggested by Commissioner Flansbaum-Talabisco on March 27, 2003. When Exhibit B was revised the Interlocal Agreement, which is the focus of concerns was looked at, and it will be addressed. Mayor Schreiber questioned voting on the Temporary Resolution without having an Interlocal Agreement in place, and City Attorney Kraft said the Interlocal Agreement cannot be addressed until the Commission votes on the Temporary Resolution. There was discussion about the Interlocal Agreement and City Attorney Kraft said the Interlocal Agreement would not be implemented until it is approved by both parties. Commissioner Portner asked if the Woodlands Independent District could do anything to their area without prior approval of the City, questioned bus service in the area, and asked whether Tamarac would have to abide by the Woodland Independent District's standards 03/31 /03 2 if they are more stringent than Tamarac's. City Attorney Kraft said unless the Code is revised, the answer is no. Commissioner Portner asked about injunctions, and Mr. Davis explained any injunctions regarding the District would not impact Tamarac. Commissioner Portner asked if the Woodlands Independent District would have the right to close streets without prior approval of the City, and asked for confirmation that Tamarac would not be impacted with any debt incurred by the District. City Attorney Kraft said the District would not have the right to close streets, and Mr. Davis confirmed there would be no impact to the City regarding any debt incurred by the District. Commissioner Portner questioned F.S. 163.523 and Mr. Davis said it is the Safe Neighborhood Statute. There was discussion about the District's budget as well as Chapter 112, F.S. as it relates to the Woodland Independent District's Board. Commissioner Portner questioned possible ad valorem taxing authority of the District, and Mr. Davis discussed assessments and case law. Commissioner Portner said the people can speak for the minority, and if the residents of the Woodlands feel they do not have enough say in the community, they need to speak to their Board presidents. The majority of the Woodlands Board speaks for the community. Vice Mayor Roberts commended everyone who showed up at the meeting, as well as those who called, faxed and wrote. Vice Mayor Roberts said she is disappointed with Mr. Torn, because at Monday's workshop he did not follow through with what he was asked to do on Monday, go to the people to find out whether they did or did not want this. Vice Mayor Roberts acknowledged that the residents want to have good and enforceable deed restrictions as they had in the past, and last week the Commission gave the residents 30 days to hold a referendum. Vice Mayor Roberts suggested perhaps a special meeting should be called at the clubhouse so people who work during the day, but want to voice their opinion would be able to speak on this matter. There are about 10% of the residents here today, which is not a majority. Some comments were about F.S. 712, which states all homeowner associations' deed restrictions expire in 30 years. This applies to every HOA in the state. The Statute also states that the deed restrictions could have been reissued within a certain time frame, but the residents missed the deadline. Vice Mayor Roberts said she had asked for a majority vote or quorum, but did not get either. Page 2 of the proposed House Bill speaks to aesthetics and additional powers as granted to Neighborhood Improvement Districts. Vice Mayor Roberts alleged this will give more power to the nine board presidents. Page 3, line 71 discusses the Country Club, which is included in the geological area of the Woodlands Independent District. Vice Mayor Roberts said she has listened to the residents, both pro and con, and she is not in favor of passing this Resolution today; she wants to know what the majority desire. Vice Mayor Roberts explained that in conjunction with line 295 at page 10, the Woodlands Independent District must go before the legislature if there are amendments to be made. Vice Mayor Roberts said she hopes the residents will want to keep up the area and are willing to continue paying their maintenance fees so the Commission can go about this matter properly without 03/31 /03 3 rushing. Vice Mayor Roberts asked if there is perhaps another way this can be achieved without moving forward with the current proposed House Bill. Mr. Davis said yes, however, the deed restrictions cannot be put back by this vehicle. The law gives special districts the power to do certain things and special assessments as well as rules and regulations are adopted for the purpose of maintaining the property. The same things can be done through the City. While it is not a bad vehicle, Tamarac has broader powers than the District. Vice Mayor Roberts explained to the residents that the non -ad valorem assessments are not tax deductible. Vice Mayor Roberts said she knows the residents of the Woodlands need help, and there are other areas that will need help in the future, but the Commission needs to take time to get this done correctly. Commissioner Sultanof asked if this were to pass with Exhibit "B" attached, could it go into force without the Interlocal Agreement, and when would the Interlocal Agreement be enforced. City Attorney Kraft responded that the City would not have to do any functions under the special act until the Interlocal Agreement is adopted, which would be after the legislature approves the Bill. Commissioner Sultanof asked what would happen if the Woodlands Independent District did not like the Interlocal Agreement, and City Attorney Kraft said there would be no agreement and the City would not have any responsibility. The Interlocal Agreement is separate from the House Bill. Vice Mayor Roberts said the District could contract with County, City or other privatized areas, and City Attorney Kraft said they could enter into an agreement with other environs. Vice Mayor Roberts questioned whether the Board could assess all homeowners for the Country Club whether they wished to join or not, and Mr. Davis said he did not see how the District would have the authority to require anyone to belong to the Country Club. Mr. Davis spoke about special assessments for maintaining the Country Club and the fact that the District would have to prove it was a special assessment for the benefit of all the people assessed. In theory the Country Club could be called a facility, such as a park facility, and a special assessment could be brought if it could be shown that the benefit is to the particular property owners who were assessed. Commissioner Portner asked if the Resolution could still go before the State Legislature should the City Commission not approve it, and Mr. Davis said it must pass the Commission and be consistent with local plans. Commissioner Portner said there is opposition in Tallahassee and the Bill could possibly fail, so he recommends that everyone call their representatives in Tallahassee and express their wishes, either pro or con. Commissioner Flansbaum-Talabisco seconded by Commissioner Partner moved to amend Temporary Resolution 10096 by substituting Exhibit B currently attached with proposed Exhibit B dated March 27, 2003. On roll call Commissioner Flansbaum-Talabisco voted "yes", Commissioner Sultanof "yes", Vice Mayor Roberts "no", Mayor Schreiber "yes", and Commissioner Portner "yes". Motion carried. Mayor Schreiber said the Woodlands is one of the best neighborhoods in the City but the neighborhood seems to be divided, and because of this division he does not see the need to rush forward with approval of the resolution. The neighborhood has been operating without restrictions in place and Mayor Schreiber suggested the residents go back to the legislature for 03/31 /03 4 reinstatement of the deed restrictions. Commissioner Portner seconded by Commissioner Flansbaum-Talabisco moved approval of Temporary Resolution 10096, as amended, substituting the attached Exhibit B with the proposed Exhibit B dated March 27, 2003. City Attorney Kraft said a cleaned up version of Exhibit B presented by Commissioner Flansbaum-Talabisco, and with a revision date of March 31, 2003 would be the document of record. On roll call Commissioner Sultanof voted "yes", Vice Mayor Roberts "no", Mayor Schreiber "no", Commissioner Portner "yes", and Commissioner Flansbaum-Talabisco "yes". Motion carried. RESOLUTION NO. R2003-69 There being no further business to come before the City Commission, Mayor Schreiber adjourned the Special City Commission meeting at 12:00 Noon. MARION SWENSON, CMC CITY CLERK 1 03/31 /03 5 JOE SCHREIBER, MAYOR From the Desk of Rowena M. T�6 ,'r7teW, t ye - 7x 14 (/ el 6qldil? ECG ��,� FROM FAX NO. Mar. 31 2003 09:30AM P1 o-' Q0vt u_/u� VS/-/ Al��Xre��Idf I, Uwe Luo U Woodlands Homeowners Association, Inc. March 30, 2003 RESOLUTION The Board of Directors of The Woodlands Homeowners Association, Inc. hereby endorses the passage of HB 1569, and the creation of The Woodlands Independent District. We urge and petition The City of Tamarac to provide, in a timely fashion, any and all necessary approvals or recommendations required for legislative approval of this measure, incorporating such specific mutually agreeable amendments as are required to indemnify the City under the proposed agreement with the city for enforcement of the district's standards and regulations. This resolution was approved by the duly constituted Board of Directors at a special meeting on March 30, 2003. 1--A� Secretary ,- President Notarized: 'AN , Y ?, Marsha R COhM Commisdm +� M • Q= Expires J* 7. 2= Bonded 7bm sit ��`�� atlantic aondingO mbL :5S Woodlands Homeowners Association, Inc. VOTING FOR THE RESOLUTION TO APPROVE HB 1569 AND REQUEST CITY APPROVAL 3/30/03 Page / of 2� �liLUr�o-,-� ilt.e �rirc-� SECTION/TITLE IN FAVOR:YES/NO 6:0-- X,-?Ooeg C- -Atlantic: Tftu Woodlands Homeowners Association, Inc. VOTING FOR THE RESOLUTION TO APPROVE HB 1569 AND REQUEST CITY APPROVAL 3/30/03 Page �L— of Z NOY l1 n !2.r T�4,t�' ht `�4<, 415 - 6-r 4--o SECTION/TITLE -e-- Z / rl MOWN,i r Marsha P. Cahen %Commission # DDIM76 WOF Bonded ibm A,tlaxic Boading Coy Zr_ IN FAVOR:YES/NO S .�� 1/Z 9