HomeMy WebLinkAbout2005-09-12 - City Commission Workshop Meeting MinutesCITY OF TAMARAC
CITY COMMISSION WORKSHOP MEETING
MONDAY, SEPTEMBER 12, 2005
CALL TO ORDER: Mayor Schreiber called the Workshop Meeting of the City
Commission to order on Monday, September 12, 2005, at 9:30 a.m. in Room 105 of
Tamarac City Hall, 7525 NW 88th Avenue, Tamarac, Florida.
PRESENT: Mayor Joe Schreiber, Vice Mayor Beth Flansbaum-Talabisco,
Commissioner Edward C. Portner, Commissioner Marc L. Sultanof and Commissioner
Karen L. Roberts.
ALSO PRESENT: City Manager Jeffrey L. Miller, Assistant Interim City Attorney Julie
Klahr, Deputy City Manager Michael C. Cernech, and City Clerk Marion Swenson.
Mayor Schreiber led the pledge of allegiance.
1. PROGRESS REPORT. SUMMARY OF 2005 LEGISLATIVE SESSION AND
OVERVIEW OF UPCOMING 2006 LEGISLATIVE SESSION/THIRD AMENDMENT TO
AGREEMENT FOR LOBBYIST SERVICES (TR10796) AND DISCUSSION OF
AGREEMENT AMENDMENT AND RENEWAL: Ronald L. Book, Lobbyist appeared
and gave a presentation. Mr. Book spoke of water being this administration's priority;
and added that the power in Tallahassee is beginning to shift; Marco Rubio, from Miami -
Dade will be the Speaker and there will be other changes as more representatives from
South Florida come into power. Mayor Schreiber spoke of stormwater funding as it
relates to Hurricane Katrina, and Mr. Book said the 'no name storm' in October 2000
made stormwater a high priority. Mr. Book said all of us, New Orleans and Mississippi
included, are ill prepared to deal with a hurricane. Mr. Book spoke of mobile hospital
units and said we should have learned from Charlotte and Escambia Counties'
experience where all the hospitals were wiped out; we have no mobile hospital because
that item did not make it to last year's budget in Tallahassee. Commissioner Portner
suggested Dade, Broward and Palm Beach Counties get together and purchase a
mobile hospital and Mr. Book said the money is not being channeled into the
communities. Commissioner Portner asked what can be done for municipalities in this
legislative session and Mr. Book said water will be the focus. Commissioner Portner
said Mr. Book's request for a $25,000 increase is too high and while he appreciates
everything Mr. Book has done, he would not vote for the large increase. Mr. Book
responded he started working for Tamarac below the market rate, yet gave Tamarac the
same level of work as he did other government boards. Commissioner Sultanof said he
is concerned about our lack of preparedness for disasters, and spoke of President
Carter federalizing troops and state police to cut down on looting. Commissioner
Sultanof added we need to have representation in the federal government. When Mr.
Book came on board with Tamarac he took what Tamarac could offer at the time and
Mr. Book has done a good job. Vice Mayor Flansbaum-Talabisco commended Mr.
Book for his professionalism and work on behalf of Tamarac and said she recognizes
the value of taking on a new client; fair market value for Mr. Book is reasonable. Vice
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Mayor Flansbaum-Talabisco said she does not agree with Commissioner Portner with
regard to Mr. Books increase. Commissioner Roberts said when Mr. Book first came to
Tamarac he started at a lower rate and was not given an increase last year because of
budget funding. In comparing Mr. Books' request for an increase to the amount of
money he brought to Tamarac, the percentage of increase is not as big as it appears.
Mayor Schreiber said Mr. Book did a good job for Tamarac at a low rate, and he is glad
to pay what Mr. Book requests. City Manager Miller said Marco Rubio, who
represented Tamarac on telecommunications. matters three-four years ago, is very
aware of Tamarac and might be very helpful to the city. Mr. Book suggested writing to
Mr. Rubio to remind him of his relationship with the City. Commissioner Sultanof said
Mr. Rubio is a rising young man who said he would 'walk both sides of the aisle'.
Commissioner Portner spoke of an item coming before the commission regarding a
federal lobbyist firm, which the Mayor and City Commission previously reviewed and
thought was too costly. That firm guaranteed over $2 million the first year of their
contract in return for $120,000 a year. Commissioner Partner said he finds it offensive
that the Mayor and City Commission want to go 'on the cheap'; and added he feels a
40% increase for Mr. Book is a lot to spend out of public funds. Commissioner Portner
asked Mr. Book to reconsider his request for a $25,000 increase. Vice Mayor
Flansbaum-Talabisco said 'on the cheap' does not apply to the Mayor and City
Commission. The federal lobbyist group gave a terrific presentation to the Mayor and
City Commission and Vice Mayor Flansbaum-Talabisco's aim is to look at several firms,
interview them and decide what price is appropriate. Mayor Schreiber thanked Mr.
Book for his presentation.
2. DISCUSSION AND UPDATE ON CHAMBER ACTIVITIES AND REQUEST FOR
ONGOING SUPPORT: Chamber Chair Don Fallenbaum, Executive Director Vicki Reid,
and Treasurer Harry Dressler appeared. Mr. Fallenbaum gave a presentation and
spoke of the past year's focus and anticipated accomplishments for the coming year.
Mayor Schreiber asked about the Ambassador Committee, whether the Chamber has a
welcome -wagon, whether corporate entities from the Commerce Park have joined the
Chamber, and the increased prices for Taste- of Tamarac. Mr. Fallenbaum said the
Ambassador Committee is a meet and greet; the Chamber contracts with a local
welcome -wagon company; the Chamber has beerk successful in signing up new
members; and there is no problem with pricing for the",,Taste of Tamarac. Vice Mayor
Flansbaum-Talabisco asked how the Chamber handles the spectrum from large
companies to mom and pap businesses, and Mr. Fallenbaum said larger businesses
look for Trustee programs and the Chamber addresses their issues. The mom and pop
stores are looking " for business development, which the Chamber provides.
Commissioner Sultanof said the larger corporations aim to do business throughout the
city while the mom and pop businesses are more local. Commissioner Sultanof asked if
all businesses in the Commerce Park have been solicited and Ms. Reid said
discussions have begun with Toshiba. Commissioner Sultanof spoke of the Fairbanks
auto dealership, and the fact that Mr. Fairbanks is not aware of where Kings Point is
located. Commissioner Sultanof said there is a lot of purchasing power in Tamarac.
Mr. Fallenbaum responded the Fairbanks dealership is not a member of the Chamber
and if Commissioner Sultanof has a relationship with Mr. Fairbanks perhaps he can
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encourage him to join the Chamber. Mr. Fallenbaum spoke of the City's previous grant
of $35,000 to the Chamber and the fact that a large expenditure last year was for the
part time staff member. That position will be turned into a full time position this year.
Mr. Fallenbaum said this year the Chamber is requesting a $30,000 grant. Mayor
Schreiber said it is incumbent upon the city to help the Chamber. Commissioner
Roberts asked how many members the Chamber has and how much money the
Chamber made last year in addition to the city's grant. Mr. Fallenbaum said 148
members and the Chamber made about $140,000 in addition to the city's grant.
Commissioner Roberts asked if advertising on the back of city buses is productive and
Ms. Reid said both bus advertising and advertising at the city concerts provide exposure
to the Chamber and gives the Chamber it's best 'bang for the buck'. Vice Mayor
Flansbaum-Talabisco asked for clarification of the part time staff member and Mr.
Fallenbaum explained the part time person is administrative in nature and would take on
the duties of the telemarketer this coming year. The position would then become a full
time position. Vice Mayor Flansbaum-Talabisco said she has watched the Chamber
grow and they are doing a great job. Commissioner Partner asked what is being done
to increase attendance at Chamber breakfasts and Mr. Fallenbaum said as membership
increases there will be more people at the breakfasts; the conversion rate of guest to
member is high. Commissioner Portner asked if Baer Furniture is a member of the
Chamber and Ms. Reid said they have been approached but they are not members.
Commissioner Portner suggested contacting Bobby Baer, and added that at the Taste
of Tamarac, which is a food related event, it might be a good idea to contact City
Furniture and Baer Furniture and have them display some dining room sets.
Commissioner Sultanof asked Mr. Dressler if he would like to add anything to the
presentation and Mr. Dressler said he is on the board of the Tamarac Chamber and
also serves as the treasurer. The Chamber is positioned organizationally as never
before and the Chamber Board and administrative staff understand that growth of the
membership is an important metric. A vibrant, small business community is important to
the economic health of Tamarac. Trustee development is also very important. Mayor
Schreiber asked for an expression of interest to grant the Chamber of Commerce
$30,000 and all were in agreement.
3. SEPTEMBER 14.2005 AGENDA ITEMS:
a. Item No. 6(f). INSURANCE RENEWAL — PROPERTY, GENERAL LIABILITY,
AUTOMOBILE LIABILITY, AUTOMOBILE PHYSICAL DAMAGE, AND WORKERS,
COMPENSATION COVERAGE: TR10791 Renewing e ( ) g property, general liability,
automobile liability, automobile physical damage, and workers' compensation lines of
coverage with the Florida Municipal Insurance Trust (FMIT) for a one (1) year period
beginning October 1, 2005 at a cost of $1,115,341 and payment of any increase
resulting from the annual premium audit. Human Resources Director Swanson and
Risk/Safety Manager Tomaszewski appeared. Risk/Safety Manager Tomaszewski
gave a presentation and spoke of rate increases. Mayor Schreiber questioned the rise
in property insurance rates, and Risk/Safety Manager Tomaszewski said this is due to
an increase in property values and additional parks. Commissioner Sultanof asked if
the policy covers flooding of city property and Risk/Safety Manager Tomaszewski said
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that comes under separate coverage. Commissioner Portner asked what city property
is worth; Risk/Safety Manager Tomaszewski responded approximately $65 million.
b. Item No. 6(h). INTERLOCAL AGREEMENT — EMERGENCY/NON
GUARANTEED SUPPLEMENTAL SUPPORT: (TR10775) Executing the Interlocal
Agreement for Emergency/Non Guaranteed Supplementa_I Support between Broward
County and the City of Tamarac for inspection and plan review services to be performed
by the Broward County Building Code Services Division in the event there is a staff
shortage at a rate of Fifty Four Dollars and Five Cents ($54.05) per hour for Building
Code Inspector, Fifty Seven Dollars and Twenty -Nine Cents ($57.29) per hour for
Building Official Services, including annual increase of 5% effective October 1, 2006
and overtime upon approval by the city at 1-1/2 times the hourly rate; for a two year
period commencing October 1, 2005.
C. Item No. 60). INTERLOCAL AGREEMENT — HEARINGS BY BROWARD
COUNTY MINIMUM HOUSING/UNSAFE STRUCTURES BOARD: (TR10774)
Executing an Interlocal Agreement between Broward County and the City of Tamarac
providing for hearings by the Broward County Minimum Housing/Unsafe Structures
Board at a rate of Fifty -Four Dollars and Five Cents ($54.05) per hour for the Code
Enforcement Officer and Twenty Eight Dollars and Thirty -Eight Cents ($28.38) per hour
for clerical support, including annual increase of 5% effective October 1, 2006 and
overtime upon approval by the City at 1-1/2 times the hourly rate, with a maximum case
cost of Three Hundred Dollars ($300.00) per noticed case; unless written authorization
from the City has been received, for a period through September 30, 2007. Building
Official Jones gave a presentation on items 3(b) and 3(c) on the workshop agenda.
Vice Mayor Flansbaum-Talabisco said she noticed that Coral Springs has the lowest
building fee structure and Building Official Jones explained there are three types of
services, 1) building inspection, 2) plans examiner services, and 3) responsibilities of
the building official. The third service is not utilized because there are people in-house
who are able to cover in Mr..Joneses absence.
d. Item No. 6(i). BUILDING DEPARTMENT PERMIT FEES: (TR10770) Amending
the Building and Code Compliance Department schedule of permit fees. Building
Official Jones and Finance Director Chapman appeared. Building Official Jones said
the current fee structure has been in effect since 1997, and during the past eight years
costs have increased. Coral Springs has the lowest fees but they have not changed
their fee schedule since 1992. F.S. 553 provides for local municipalities and county
agencies to recoup. costs through the fees. Tamarac has never charged the full and
actual cost of providing services but the shift in construction activity will make for a
significant shortfall in projected revenues. Commissioner Roberts asked why staff did
not come to the commission a few years ago during the new housing boom when they
could have made substantial revenue, and Building Official Jones explained pursuant to
F.S. 553 the city can not collect more than actual costs for providing services.
Commissioner Roberts expressed concern that the increased fees would impact
homeowners who wanted to put up a fence or a slab or install a burglar alarm.
Commissioner Portner asked how the cost of a building permit fee is determined and
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Building Official Jones said it is the actual cost of delivery of the service; certain permits
require a minimum number of inspections and minimum number of step plan reviews.
Down the road, staff will look at a detailed analysis of services. Commissioner Portner
said this is a proposed increase of 42% and it will be hard to sell this to the residents.
Perhaps smaller increases over several years would be more palatable. Finance
Director Chapman said this increase was included in the FY06 budget and to back out
the increase at this time would result in a reduction in the FY06 budget and require
cutting expenses. Commissioner Roberts asked why it is in the budget when it has not
yet been approved and there ensued discussion relative to items in the budget and the
intensity of reading through the entire budget. City Manager Miller explained the city
can not make a profit on the building department. At one time Hillsboro County made a
profit on their building department but the builders' association became aware of it and
sued the county and won the lawsuit. The county then had to refund the money. There
has been a lot of growth over the past and it will slow down next year so we need to
raise fees in order to be competitive with our neighbors and keep the building
department self sustaining. If fees are not increased, then $550,000 from the general
fund would be needed, which would ultimately result in an increase in the ad valorem
tax. Vice Mayor Flansbaum-Talabisco asked about the numbers in the backup and
Finance Director Chapman explained we are projecting $1,200,000 in revenue based
on changes with $1,375,000 for expenses which means a $175,000 subsidy for the
department. We can not go below the minimum number of individuals we have on hand
as there is a need for the different disciplines. Finance Director Chapman likened
permit fees to user fees. Commissioner Sultanof said everything has gone up and there
is no free lunch. By going with small incremental increases, every time there is an
increase, the taxpayers will say `what again?' We have to do what has to be done and
run the government, and the Building department has done an excellent job. Building
Official Jones said because fees are subject to challenge, we must be consistent and
defensible. This structure allows us to deliver services to the residents at an affordable
cost. The predominant part of the subsidy is for residential renovations.
Mayor Schreiber gave City Manager Miller a personal check in the amount of $200.00
for hurricane relief and thanked Commissioner Portner for starting the ball rolling.
There were no items on the consent or regular agenda that the Mayor and City
Commission wished to discuss.
All were in agreement to move out of the regular order of business on the workshop
agenda and take up Items 5 and 6, then recess the meeting and reconvene at or about
1:30 p.m.
5. OVERVIEW AND DISCUSSION OF BROWARD COUNTY FLEXIBILITY
RULES AND IMPACT ON DEVELOPMENT AND REDEVELOPMENT: Community
Development Director King gave a presentation and explained flexibility units are the
difference between the Broward County Land Use Plan and the City of Tamarac's Land
Use Plan. The City of Tamarac has five flexibility zones. In the past we had to stay
within the zones for use of flexibility or reserve units. Broward County's Planning Staffs
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Evaluation/Appraisal Report said the one concern raised by the municipalities was that
the municipalities wanted the flexibility to use their flex units as they wished. Tamarac
has three options: do nothing; allocate flex units to major corridors; and designate
specific units for each. Staff recommends allocating units to specific areas in the city
with additional land use plan amendments going through procedures to revise the city
map and then go through the county. That will allow the city to focus all units to the
Main Street Corridor, which puts almost 1,300 flex units and 1,100 reserve units on the
corridor. The ULI Study through the South Florida Regional Planning Council
recommended along the State Road 7 corridor that 1,500 units be assigned through
South Florida Regional Planning Council's State Road 7 Collaborative. Staff wants to
keep the Main Street and State Road 7 corridors viable. Mayor Schreiber asked if we
do this now, and during the course of time it is determined we do not need or can not
use the flex units as prescribed, are we able to revise the plan and put the units
someplace else in the city. Community Development Director King said at this time he
would like to receive the endorsement of the Mayor and City Commission to proceed
with staffs recommendation. If in the future we want to change the way we handle flex
units, we can do that administratively. Allocating all to Main Street, making it 30 units to
the acre is what we have talked about all along. Buildings can go up to 60 ft. or 6
stories in height, which would consist of four -five residential stories. This gives the
developers flexibility. The units will be 1,000 sq. ft. at most. Commissioner Sultanof
asked how many flex units Centex is using and Community Development Director King
said none. Vice Mayor Flansbaum-Talabisco said she believes this is a home rule issue
that gives the municipality the ability to use its judgment in dealing with this, but it does
not tie our hands. Mayor Schreiber asked for an expression of interest to go with staff's
recommendation and all were in agreement, with Commissioner Sultanof saying he is in
agreement as long as it can be readjusted if needed.
6. DISCUSSION REGARDING VOLUNTARY ANNEXATION PROCEDURES:
Community Development Director King gave a presentation and said in July 2005 staff
indicated four areas for prospective annexation. We were not able to get an application
in by August, so staff came up with an updated schedule. Letters to property owners for
the City Manager's signature will go out in October; during November and December
staff will meet with property owners to discuss the benefits of coming into the city and to
hear their concerns; from January through March there will be follow up and information
needed from the property owners will be gathered; during April and May an ordinance
will be presented to the Mayor and City Commission for approval and then sent to the
legislative delegation; in August there will be a hearing before the legislative delegation
and we will go through their process to get the voluntary annexation completed by
September 2007. Commissioner Roberts said this is a long process and it seems that
other cities are able to get through it much quicker. Community Development Director
King explained the deadline to get the application in is August 2006, and while it can be
submitted sooner it will not be heard until August. Mayor Schreiber asked if we can
expedite the process and Community Development Director King said our hands are
tied. Commissioner Portner asked why it will not be heard until August 2006 and
Assistant Interim City Attorney Klahr explained the legislative delegation's schedule is
based on Tallahassee's schedule. Were we able to get the Bill filed in time we could
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have been done with the annexation process this year, but communication with the
communities would have had to be after the Bill was filed. Mayor Schreiber asked if this
could be done in-house with the county and Assistant Interim City Attorney Klahr said
the legislative delegation will not consider it until it meets their schedule. We must go
through them as we need the legislative delegation to support the Bill. Community
Development Director King said this has been put into Community Development's work
program for the upcoming year and in order to make sure we are taking the right steps
staff recommended to the City Manager that we take a few more months to get
everything in order and in August 2006 we would have the Bill and it would be done
correctly. Vice Mayor Flansbaum-Talabisco expressed concern that another
municipality might jump in ahead of Tamarac during this time to claim the areas in
question and Community Development Director King said he talked to surrounding
communities and none are interested in. obtaining the four areas. Vice Mayor
Flansbaum-Talabisco said other communities may become aware that this is our intent
and they may then become interested and it will turn into a bidding war. Community
Development Director King said this has been going on for over 10 years. Most of the
viable areas of the county have been absorbed by municipalities. Now only a handful of
properties are left and it is time to move forward. Vice Mayor Flansbaum-Talabisco
asked that the word get out that Tamarac wants this property.
Mayor Schreiber recessed the workshop meeting at 11:40 a.m. and reconvened the
meeting at 1:50 p.m. with all present as before.
4. DISCUSSION OF PROPOSED REVISIONS TO CHAPTER 20 OF THE
TAMARAC CODE — STREETS AND SIDEWALKS: Public Works Director Strain gave
a presentation and spoke of the requirement that the city repair damaged sidewalks that
are not the homeowner's responsibility; if a tree situated on private property causes
damage to a city sidewalk, the city can not cut the tree or roots outside of the right of
way. Additionally, if damage to the sidewalk is due to misuse of the sidewalk, it is then
the homeowner's responsibility to repair the sidewalk. If the sidewalk is broken due to a
construction project taking place, it is the contractor's responsibility to repair the
sidewalk. Staff will survey the entire city to locate all broken sidewalks. Mayor
Schreiber said the biggest problem is those who have already repaired the sidewalks
and paid for the repairs out of pocket. Mayor Schreiber said this started in March of this
year, and recommended anyone from March forward who incurred the expense by
obeying the ordinance currently in force should be reimbursed. Public Works Director
Strain said the ordinance revisions do not speak to that issue as it is a separate item.
Commissioner Roberts said trees are a major problem; in Heathgate/Sunflower roots
from trees planted in the swale or on private property next to the sidewalk have
damaged the sidewalks and the sidewalks should be fixed even if the city can not take
the tree down; the city should also cut the roots. Public Works Director Strain said a
tree can be killed or destabilized depending upon how much root is pruned, and during
the next storm the tree may blow down, causing liability to the city. If a tree is in the
swale the city can take care of it; but the city can not go onto private property to do the
work. Additionally, a tree can not be trimmed without a permit from the county.
Commissioner Roberts said if the sidewalk is damaged by tree roots, then in
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accordance with the new ordinance, property owners are responsible, and these types
of breaks constitute the majority of the citations. Public Works Director Strain said the
city will have difficulty repairing the sidewalks without getting into liability problems.
Sidewalks can be replaced, but without mitigating the cause, the break will most likely
occur again. Commissioner Roberts asked about a waiver since there may be utility
easements involved and Assistant Interim City Attorney Klahr said we do not know that
there is a utility easement and the city can not go onto private property; if a tree is on
private property the city can not do anything to it; if it is in a utility easement, cutting the
root may destabilize the tree and we could be cited. A property search will. determine if
there is a utility easement. Commissioner Roberts said if a tree root is under the
sidewalk the city should be able to fix the sidewalk; not every resident lived here when
the trees were planted. Commissioner Portner said if a tree is on private property and
the root goes to the sidewalk we should repair the sidewalk and not have to cut the root;
but can we go back time and again to repair the same breaks; is this part of the money
we are expected to spend every year? Public Works Director Strain said to repair a
sidewalk that is destined to fail in three years is a waste of taxpayers' money. We need
to mitigate the cause so it does not recur. Commissioner Portner questioned the length
of time retroactive to enactment of the instant ordinance that will be acceptable to
reimburse people who have already fixed sidewalks abutting their properties. Mayor
Schreiber said the prime question is to fix public sidewalks damaged by trees on private
property. Commissioner Sultanof said the county indicates if a tree is destructive to a
building or public property the tree will have to be removed, as its roots will continue to
grow. Property owners need to get a permit, remove the tree on their property and plant
another hardwood tree. By eliminating the cause the sidewalk will remain in tact for the
next 30 years. The city does not control trees, but the city will fix a sidewalk if the
property owner removes the tree. Public Works Director Strain said the city can not pull
a permit for a tree it does not own. Mayor Schreiber said homeowners should be cited
for trees on private property where those roots cause a break in the sidewalk. Assistant
Interim City Attorney Klahr said if the ordinance is adopted it will require individuals to
remove some trees on private property and fix the sidewalk. Mayor Schreiber said the
language in the ordinance should be clear. Assistant Interim City Attorney Klahr
responded the ordinance requires certain permits to be pulled and sidewalks rebuilt
according to engineering standards. Public Works Director Strain added if a tree on
private property is intrusive and does not require a permit from the county it can be cut,
but if it is a protected tree, a permit is needed from the county. The city will have its
arborist look at the tree before the property owner prunes or cuts down the tree and we
will give them the necessary information. Vice Mayor Flansbaum-Talabisco posed the
following scenario: a property owner has such a tree and the city suggests it be
removed, but the property owner chooses to keep the tree, knowing the roots will break
the sidewalk, and the property owner says he/she will take care of sidewalk. Public
Works Director Strain said the property owner will be put on notice, if the sidewalk
breaks again they will be cited. The city can not force a property owner to root prune a
tree that is on private property. Commissioner Roberts suggested a compromise in that
the city will fix the sidewalk one time and put the resident on notice that if it breaks again
as a result of roots from a tree on private property, the property owner will be held
responsible. Assistant Interim City Attorney Klahr said the city can legally do a one time
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fix with notice; and the city can work with the property owner to allow for removal of tree
roots before the sidewalk is fixed. Commissioner Sultanof asked about liability if the city
cuts the tree roots and the tree dies. Assistant Interim City Attorney Klahr responded
the city can only repair the sidewalk, not the tree; that needs to be coordinated with the
property owner. Commissioner Sultanof asked about a hold harmless agreement and
Assistant Interim City Attorney Klahr said a change can be made to the ordinance
adding language as discussed for a one time fix, but the property owner must fix the
tree. Mayor Schreiber added it has to be a condition of repair. Public Works Director
Strain said if the property owner decides not to remove the tree, the city will still be
liable. Assistant Interim City Attorney Klahr said this goes back to the code where it is
the property owner's responsibility and they will be cited. Commissioner Roberts asked
if somebody trips and falls is the city then responsible, and Assistant Interim City
Attorney Klahr replied there could potentially be some liability. Commissioner Roberts
asked if a permit is needed to cut or root prune a tree in a city swale and Public Works
Director Strain said depending on the species a permit may be needed. Vice Mayor
Flansbaum-Talabisco confirmed we will first ask the property owner to fix the tree and
then the city will come in and fix the sidewalk and asked if there would be a time frame
within which this will be done? Commissioner Roberts questioned what will happen if
the property owner does not want to take the tree down but is willing to prune the roots,
and Assistant Interim City Attorney Klahr replied the city's requirement is that the tree
does not interfere with the sidewalk, and if the property owner only wants to cut the root,
that is okay. Commissioner Sultanof posed what will happen if the property owner does
not remove the tree and the root grows back, to which Public Works Director Strain
replied the city would request the root be pruned and bio barrier be put in place. A time
limit will be needed for them to contact the county and if they do not adhere to the time
limit, we will then cite them. Commissioner Roberts asked how long it takes for the
permit process to go through, and Public Works Director Strain answered about one
month, but the city does not want to make the time period impossible for the property
owner, during this time the city will secure the sidewalk to alleviate an immediate
hazard. Commissioner Roberts said if the root is cut for a tree on the swale and it falls
and hits someone, what is to say that the city will not get sued? Public Works Director
Strain explained we will assess the situation and get the appropriate permit from
Broward County; perhaps we will replace the tree; but we will do the job in a proper
manner. Vice Mayor Flansbaum-Talabisco said it is obvious we want to help everybody
throughout the city. Public Works Director Strain and Assistant Interim City Attorney
Klahr have given their recommendations. The city is willing to take on the responsibility
if it is done in a fair and timely fashion; however, the homeowner is responsible as well.
It sounds like the city could craft an ordinance that would go that way. Mayor Schreiber
asked for an expression of interest to fix the sidewalks and then the city would be
responsible for sidewalks. All said yes. Mayor Schreiber said we need an addendum to
the ordinance that will clarify cause, roots, and private property, as well as roots of trees
on private property causing damage if the property owners do not pull permits, as well
as language that the city will not fix the sidewalk again if the break recurs because of a
tree on private property not being mitigated. City Manager Miller said Vice Mayor
Flansbaum-Talabisco is correct; we have heard from the engineer and the attorney and
this ordinance is our best recommendation; if necessary we can make some
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clarifications. Assistant Interim City Attorney Klahr said the ordinance deals with future
issues. Specific language regarding the commission's wish for an initial fix could be
included in the ordinance outside the code. Assistant Interim City Attorney Klahr said
the ordinance deals with the issue that if there is damage to a sidewalk done by private
property the owner is responsible to fix it; if the city damages a sidewalk, it is up to the
city to fix it. Commissioner Portner agreed there should be some explanation in the
ordinance of the initial repair. Vice Mayor Flansbaum-Talabisco said she does not
understand how there can be a one time fix if we know the problem is still there.
Commissioner Portner suggested fixing all the sidewalks and advising the owner of a
tree on private property that the city will fix the sidewalk now, but if the roots break the
sidewalk again then it is the responsibility of the property owner. Vice Mayor
Flansbaum-Talabisco questioned the suggestion knowing the issue has not been
resolved. Public Works Director Strain said the Mayor and City Commission can do
whatever they want to do, but he strongly suggests the Mayor and City Commission not
approve that suggestion, as the city will be pouring concrete around a live root; he
would prefer to give notice to the homeowner and give them a certain number of days to
fix the tree problem and if it is not fixed, then the city will issue a citation. Vice Mayor
Flansbaum-Talabisco said at the end of the day the city will fix the sidewalk but if a tree
on private property causes the damage, then the owner must do their part first.
Commissioner Roberts presented the scenario as follows: a property owner cuts the
tree root and then says it is not the problem of the property owner. Public Works
Director Strain said the city is not responsible to correct people who wish to break the
law and cut trees or roots without a permit. Assistant Interim City Attorney Klahr
suggested putting language in a peripheral paragraph of the ordinance not to be
codified, such as section 3. Commissioner Sultanof confirmed the city is not legally
responsible if the property owner cuts tree roots without a permit and Assistant Interim
City Attorney Klahr replied no. Vice Mayor Flansbaum-Talabisco said the commission
wants all the communities to look as good as they can and this is a happy medium.
Mayor Schreiber asked for an expression of interest to redraft the ordinance with
amendments regarding the private property owner's responsibility to resolve the tree
issue before the city repairs the sidewalk. Commissioner Sultanof questioned adding
information regarding reimbursement to people who have paid to have their sidewalks
repaired as of March 2005. City Manager Miller said the ordinance gets us where we
want to go, but the second issue is whether we want to go back in time and reimburse
those who already had their sidewalks fixed. Mayor Schreiber said the way the
ordinance reads now, he would not vote for it. Mayor Schreiber asked for an expression
of interest for the 'one time fix'. Commissioner Roberts said yes, Mayor Schreiber said
no, and Vice Mayor Flansbaum-Talabisco asked for clarification of 'one time fix'.
Assistant Interim City Attorney Klahr explained notice to fix the tree within a set time
period is given to the homeowner, and after the tree is fixed the city will repair the
sidewalk. Mayor Schreiber asked for an expression of interest. Commissioner Roberts
said no, as she did not think the ordinance says what she is trying to say, and
questioned language in section 20-85. Public Works Director Strain said that is meant
for developers and it is already in the code. Commissioner Roberts questioned page 3
of the ordinance, in particular section (b) where any damage to a sidewalk will be put on
a list and if it is a trip hazard will it be taken care of quickly. Public Works Director Strain
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City Commission Workshop
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replied all trip hazards are taken care of immediately; at the least they are secured with
a temporary repair. Commissioner Roberts questioned the backup memo of September
9 with regard to waiving outstanding liens from January 1, 1999. Building Official Jones
explained 1999 is the date taken from historic liens. These also include Special
Magistrate Orders and fees or penalties accrued but not converted to liens as yet.
Mayor Schreiber questioned our exposure and whether we are obligated to release all
prior liens. Assistant Interim City Attorney Klahr said the city is not obligated to do that,
but the reason we are is because once the sidewalks are repaired the property owner is
deemed in compliance. This is similar to the reimbursement question, and is up to the
commission. Mayor Schreiber confirmed once the sidewalk is repaired the lien stops.
Assistant Interim City Attorney Klahr said it would stop because the property owner
would be in compliance. It is up to the commission to decide how far back in -time to go.
Commissioner Roberts confirmed the daily accrual stops when the property owner
comes into compliance, but previous money owed still remains a lien. City Manager
Miller posed the following scenario: a property owner has a broken sidewalk since 1999
and is cited but never fixes the sidewalk and a lien is running. The city comes in and
fixes the sidewalk, thereby bringing the property owner into compliance. When the
house is sold, and the new owners contest the lien before a judge, saying the city
placed the lien on the property, then fixed the sidewalk and changed the law; what can
we imagine the judge will say? Mayor Schreiber said a violation of a law should be
punishable. Building Official Jones explained liens are placed to recover the cost of
repair and are not meant to be punitive. Commissioner Sultanof asked how many liens
we are talking about and Building Official Jones said 14. Commissioner Sultanof said
since the city already abated the people who have been cited, when the city takes over
sidewalk repairs we should get rid of the 14 liens. Commissioner Roberts asked how
the city would know if the sidewalk has been fixed and paid for by the property owner
and Public Works Director Strain said they will have to show evidence of the repair and
payment. City Manager Miller said staff can add a section with regard to the
commission's discussion today and have it ready for Wednesday night's meeting and
add the item to the agenda. Commissioner Sultanof asked if the commission desires to
reimburse the entire amount paid. Mayor Schreiber said it should go back to March and
if they provide a legitimate paid bill the city will reimburse them. Commissioner Roberts
said she has gotten calls since February. Vice Mayor Flansbaum-Talabisco asked how
much money we are talking about and City Manager Miller suggested the Mayor and
City Commission go back to January 1, 2005 as there had been some code
enforcement action in January, and from January forward we are looking at about
$10,000415,000. Building Official Jones must identify those who complied consistent
with the city ordinance. Public Works Director Strain added the repairs must have been
done with a permit. Mayor Schreiber questioned what would happen to those that do
not comply, and Public Works Director Strain said if the repairs were not in accordance
with rules and regulations the city should not reimburse. Vice Mayor Flansbaum-
Talabisco asked if any funds are available from CDBG, grant monies, HOME, or SHIP
programs for this and City Manager Miller said he would look into it and, if possible,
bring information back to the commission regarding use of those funds for
reimbursement. The general consensus of the Mayor and City Commission was to
amend the draft ordinance to reflect language regarding the property owner's
September 12, 2005
City Commission Workshop
Page 11 of 12
responsibility to mitigate a tree on private property prior to the city fixing the sidewalk,
and an interest to go back to January 1, 2005 to reimburse those who had sidewalk
repairs done and paid for out of pocket.
There being no further business to come before the Mayor and City Commission Mayor
Schreiber adjourned the workshop meeting at 3:20 p.m.
"
Marion Swens n, CIVIC
City Clerk
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September 12, 2005
City Commission Workshop
Page 12 of 12