HomeMy WebLinkAbout1993-12-03 - City Commission Workshop Meeting MinutesCity Council Workshop Meeting
December 3, 1993/IZ
Page 1
CITY OF TAMARAC
CITY COUNCIL WORKSHOP MEETING
FRIDAY, DECEMBER 3, 1993
CALL TO ORDER: Mayor Bender called this meeting to order on
Friday, December 3, 1993 at 10:55 a.m. in Conference Room #1
of City Hall.
PRESENT: Mayor H. Larry Bender
Vice Mayor Irving Katz
Councilman Norman Abramowitz
Councilman Joseph Schreiber
Councilman Henry Schumann
ALSO PRESENT:
Dina M. McDermott, Interim City Manager
Mitchell S. Kraft, City Attorney
Karen Jackson, Secretary
Irene Zander, Secretary
1. DISCUSSION: regarding annexation.
The documentation V/M Katz distributed to Council was reviewed.
Ms. McDermott referred to the back-up material containing summary
reports completed by Staff, initiated at the request of V/M Katz
to gather initial data to present in an organized format to Mayor
Bender and City Council.
V/M Katz explained that he sent a letter to everyone for the
purpose of notifying them of his study on annexation property in
Ft. Lauderdale, Lauderdale Lakes, and Oakland Park. He stated
that these areas were vigorously pursuing annexation from Broward
County because of the inability to rely on revenues from within
their borders.
V/M Katz said there are many commercial ratables waiting for
cities to annex: areas 142, 143, and 147 are Andrews Gardens and
the representatives of Ft. Lauderdale have already visited every
homeowner, commercial landowner and property owner in these areas
for the purpose of soliciting annexation to Ft. Lauderdale. He
stated there is a large amount of revenue to be derived from these
areas.
V/M Katz said the Holiday Inn area on State Road 7 was considered
before when de -annexation was being discussed and the Carvel
Building on Commercial Boulevard should have been Tamarac because
of its location between two other Unincorporated Broward pieces
of property.
V/M Katz explained the purpose for the discussion was for the City
to remember when Lauderdale Lakes saw a piece of ratable property
in revenue for their City they immediately pursued the opportunity
and successfully obtained the property.
V/M Katz stated there are three pieces of property that will be
developed shortly in Unincorporated Broward near the Executive
Airport. He said he has gone to each of these property owners
and discussed the option of annexation with the City of Tamarac
and each owner advised him that Jim Naugle had already visited
them and informed them if they annexed with anyone other than Ft.
Lauderdale, water and sewer would not be provided by Ft.
Lauderdale.
V/M Katz said he asked the City Manager to discuss with the City
Engineer the cost of the tie in for the easterly section since
City Council Workshop Meeting
December 3, 1993/IZ
Page 2
there are many residents and property owners east of State Road 7
and because the tie in currently stops at State Road 7.
V/M Katz further explained that his study, which he paid for,
shows property owners, addresses, block lots, and assessed
valuation. He said the purpose of this study was to present an
overview on the areas marked "yes" on the large map, which he
considers to be priority areas.
V/M Katz stated they should be annexed because they will square
off the City's boundaries, are contiguous to the City, and
because of the extra tax dollars in revenue. He said the City
can estimate approximately 100 million dollars in ratables and at
5%- there would be a minimum of approximately 5 million dollars in
additional revenue to the City.
V/M Katz explained that based on the review and his conversations
with Captain Goldstein of the Broward Sheriff's office, he
estimated approximately $580,000 a year in additional costs for
eight patrolmen, one sergeant, nine cars and benefits.
V/M Katz said prior to his request for an estimate Captain
Goldstein said he was short in Supervisors so his figure augments
what Captain Goldstein considers a shortfall, based on the current
agreement with the City. He stated he does not think their
analysis should be considered firm because it represents a larger
area than is being suggested and it would be subject to
negotiations.
V/M Katz said he asked Ms. McDermott to provide information on
Fire Department services because the City would have to provide
services to farther areas, but if the City eliminates the "no
priority areas" and the areas not in the best interest of the City
the City would receive a good response time with the current
equipment and services.
V/M Katz said in previous discussions with the County
Commissioners, each was willing to provide infrastructure to areas
the City of Tamarac considers annexing. He said historically,
unincorporated areas did not receive funding for water, sewer and
road repairs and these areas deteriorated because Broward County
did not spend funds to maintain the facilities.
V/M Katz said the County Administration and County Commissioners
said part of their 3!k gas tax will be for infrastructure and any
area the City of Tamarac considers annexing would have the
infrastructure in place prior to the time of annexation at Broward
County's cost, not the City of Tamarac.
V/M Katz stated if the City of Tamarac pursues this path, Broward
County will initiate a Code of Enforcement plan of action to cite
the residents who are in violation of Broward County codes. V/M
Katz stated that about three years ago, he worked with Jessie
Guido in an attempt to get the Bailey Road area and the Pompano
Park building and playground refurbished, and in the last six
months, improvements in landscaping, new parking, and fencing have
been made to the property. He stated that every area the City
considers will make the same impact to the County and they will
provide the infrastructure.
V/M Katz said the Fire Department services impact should be made
with the Fire Chief but he does not foresee a problem concerning
annexing a fire house located in an area that will not be utilized
for other areas outside the area the City is going to annex.
C/M Schumann asked why the County is being so benevolent in taking
care of ail the infrastructure now when they have never done so in
the past.
V/M Katz explained the County wants to get out of the real estate
business and, when reading the comments made by the County, one
will find the State wants the Counties to cease operating like a
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City Council Workshop Meeting
December 3, 1993/IZ
Page 3
real estate business also and they want the Cities to annex all of
their unincorporated properties. He said an area like Pompano
Park or Broadview, which has been undesirable for years, is of no
benefit to annex unless something else is given in return.
C/M Schumann asked what the City of Tamarac would receive if they
annex. V/M Katz said the City will receive installed and paid
infrastructure by the County and better disposition of
unincorporated Broward County areas which will place the City in a
better position than Ft. Lauderdale for annexation.
V/M Katz said the first requirement necessary to proceed with an
annexation process is to write an Ordinance and hold two public
hearings. He explained the five different methods of annexation
are listed in the back up material he distributed to Council
members and he recommended the City square off the City boundaries
as highlighted on the maps.
V/M Katz said if the City limits the annexation to 5% additional
population or additional acreage, the City will not have to go to
Referendum nor will the City have to receive any more than the
majority vote of the area the City wants to annex.
V/M Katz said if it is over 5%, one land owner in any particular
area can cancel the agreement because the vote has to be 100% not
a majority, which could happen if one person decides he is not
agreeable to annexing to Tamarac. He said if annexation is
limited to 5%, only the majority vote is necessary.
V/M Katz stated this process does not take land owners on vacant
property and the City can receive by interlocal agreement between
the County and the City of Tamarac annexation rights without going
to Referendum. He
said the owners can state they want to
be
annexed to the City
of Tamarac.
He said if there is an area
of
absentee owners who
do not vote
in the City of Tamarac or an area
on unincorporation,
there is
a different process. He said
the
first procedure the
City must initiate is writing an Ordinance
and
holding two public hearings.
V/M Katz suggested the City act immediately to get this item on a
Referendum in March for certain areas and there is a meeting
pending confirmation with a home owner's association in Pompano
Park for the City of Tamarac to make a presentation on the merits
of annexation for the purpose of receiving 51% in favor.
V/M Katz said Staff should become familiar with the legal
interpretation of annexation and, if the City does not hurry, the
legislation presented to the legislature for review may change
some of this. He said, for instance, the Enclave Bill passed last
year and the Elms Bill legislation that allowed certain types of
annexation may be unavailable if the City delays.
C/M Schumann wanted to know who authorized V/M Katz to conduct
this study, why the Council was not informed of his study and why
certain requisites were not followed. C/M Schumann stated he was
appointed to an Annexation Committee that does not exist, however,
even though V/M Katz knew C/M Schumann was on the committee, V/M
Katz should have notified him of his study. He said no one was
aware of this study until V/M Katz's November 8, 1993 letter.
V/M Katz said the Mayor was aware of this when he discussed it
with John Kelly, former City Manager, and the study was done at
his own expense.
C/M Schumann said the report is of little value because it
excludes the City's exposure regarding the property the City will
pick up. He said he wanted to know if V/M Katz knew how much it
would cost the City in exchange because the last annexation
presented the City with many problems.
V/M Katz said those figures can only be obtained by the City
Manager.
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City Council Workshop Meeting
December 3, 1993/IZ
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C/M Schreiber asked about the crime statistics for the areas of
annexation and V/M Katz said they are available through the BSO.
V/M Katz said he completed the preliminary work for annexation and
presented it to the City Manager who gave it to Department Heads
for research. He said he would like the City to initiate an
Ordinance and, if the City is not in favor of proceeding after
hearing the information the City Manager and City Attorney wili
discuss in the two public hearings, the City does not have to
proceed further.
C/M Schreiber said that before the City writes an Ordinance, the
annexation projects should be reviewed thoroughly to determine if
these endeavors are worthwhile.
There was discussion on the areas where residents are known to be
uninterested in annexation.
V/M Katz said even though he presented his suggestions and
recommendations, the City may find that the residents may not be
interested in annexation. He said if the City does not pursue
with an Ordinance and two public hearings, the City may lose the
possibility of having a Referendum.
V/M Katz stated the City may desire a Referendum on one piece of
property only and an Ordinance will allow the City the option to
pursue annexation, but if the City delays for further studies,
progress will be stalled.
C/M Abramowitz said he agrees the City should proceed
investigating annexation as long as the process is not expensive.
V/M Katz explained that the City will not encounter exposure or
expense in writing an Ordinance and holding two public hearings
and, upon completing this process, the City will have reports from
Community Development, BSO and the Fire Department with data
reflecting the amount of ratables.
C/M Schreiber said he is interested in this project because
population over 50,000 means more money. V/M Katz said going
after populations of 50,000 will open up CBBG grants, entitlement
funds, community redevelopment according to Florida Statute 163,
and the ability to solicit grants from the State, without the
necessity of going to Referendum in the City.
C/M Abramowitz reminded everyone that the owner of a building in
Three Lakes Plaza tried to hustle the City for about three years
before building an attractive building and the City of Tamarac
walked away without interest. V/M Katz said that area is an area
he recommends for annexation and the properties right and left of
the Carvel Corporation are vacant and unincorporated.
C/M Abramowitz said the City should proceed if they do not have
any exposure and if they are not dedicated.
Attorney Kraft explained that the City would encounter expenses
similar to other Ordinances but there may be other costs for
annexation that he is not aware of at this time.
V/M Katz said that Chapter 92.243 concerning the change in the
Elms legislation states that following the final adoption of the
Ordinance of Annexation by the governing body of the annexing
municipality, the Ordinance shall be submitted to a vote of the
registered electors of the area proposed to be annexed. He said
the first step the City must take is create an Ordinance stating
the City is marketing for an annexation and the City must contact
the people in the annexation to get a majority vote.
Attorney Kraft said that the City needs a Referendum Ordinance
passed by two readings.
V/M Katz said all of the information is written in the Elms Bill
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City Council Workshop Meeting
December 3, 1993/IZ
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and six months ago he started working on this annexation study.
Mayor Bender asked V/M Katz if 5% of the population would exceed
50,000.
V/M Katz stated that because a city is allowed 516 in any one year,
the City can repeat this again in 1994.
C/M Abramowitz asked the City Attorney if there was any other
exposure necessary other than drafting an Ordinance and conducting
two public hearings.
Attorney Kraft said he did not research this item in depth.
C/M Abramowitz said even if this project is not successful, he
thinks it is worth investigating further as long as it is not a
large expense to the City.
Attorney Kraft said this project would cost the same as other
projects.
V/M Katz stated that he needs a consensus in order to allow the
City Attorney to draft this Ordinance.
C/M Abramowitz stated that he would like the City to explore this
endeavor further.
C/M Schreiber said he has no objection to exploring annexation but
would like to know if the City Manager could provide information
on whether or not this project is worthwhile financially.
C/M Abramowitz stated that based on V/M Katz's presentation, he
believes that V/M Katz's study is accurate and that the areas
projected are some of the very best areas for annexation.
V/M Katz said if there is no evidence precluding the City not
having a Referendum in March, and holding a special election at
additional costs, everyone concerned with saving the City money
should realize now is the time to get something on the
referendum. He said even if it is only a piece of property that
the City is guaranteed to get, it will indicate the City is
anxious to pursue annexation.
C/M Schreiber said when the City annexed the Bailey Road area, the
City Council visited every area and the areas called a meeting in
which the City explained the benefits of annexation to the owners.
He said the owners asked many questions and the Gate agreed to
annex into Tamarac. He said the annex did not give the City just
the very best, but the City did not have the Elms legislation or
the Enclave Ordinance in effect. He said the City had to decide
to take all or nothing and the annexation created some problems
but it has worked out for the City.
V/M Katz
said if the City annexes everything prioritized in his
study,
the City's
cost, including cutting the grass in the same
manner as
the City
does for medians in the City, would be 1
million
dollars.
V/M Katz
said for 1
million dollars in cost, approximately 100
million
dollars in
ratables are created and an additional 5
million
dollars in
revenue will be created from the.5%.
C/M Schumann asked what police department was servicing these
areas. V/M Katz said the Broward County Sheriff Department is
currently servicing these areas.
V/M Katz said the City does not have to go to the other side of I-
95. He said Captain Goldstein recommended eight deputies and
sergeants but that recommendation was open for discussion and
negotiation. He said that since Captain Goldstein asked the City
to allow him to use the City's facility for Broadview and Pompano
Park at no additional costs, he questioned why the City should
City Council Workshop Meeting
December 3, 1993/IZ
Page 6
assume any additional costs after the fact.
C/M Abramowitz said the City made that arrangement because there
was a terrible crime rate at that time and it cost the City of
Tamarac nothing to clean up Broadview and it helped the residents.
V/M Katz said the City was obligated to do the work because the
property was contiguous to our property and it was easy for
Tamarac to complete the work.
C/M Schreiber wanted to know what area would be the City's first
priority.
Attorney Kraft explained one Ordinance does not cover everything
and the City is being very optimistic to expect this project on
the March ballot. He said each of these areas requires an
independent study and there will be some costs involved regarding
the Referendum the City would assume if annexation goes forward.
He stated for clarification purposes that this annexation is a
major project and it starts with an Ordinance for each area, but
he did not know if it could be on the ballot in March.
C/M Schreiber asked if the Ordinance would be silent as to the
location.
V/M Katz said that the location could be made public in the
Ordinance. He said at this time the City does not have to go
beyond the County for approval. Mike Vonder Muellen agreed.
Ms. McDermott said as explained in Mike Vonder Muellen's report,
whatever action the Council chooses to take requires many hours of
Staff time and, in consideration of the recent developments in
staffing, producing the types of reports and research necessary
for this project will be extremely difficult. She said whatever
the Council adopts as step one will have a domino effect and will
require additional staff people or a consultant to complete the
research required.
C/M Abramowitz asked Attorney Kraft if the two public hearings and
the drafting of an Ordinance are an expensive proposition.
Attorney Kraft said a survey of Meets and Bounds will be needed
and the Ordinance must be for a particular area. -
C/M Abramowitz asked V/M Katz if he is recommending the Pompano
Park area because of the commercial piece of property even though
there are no residents there. V/M Katz said yes.
C/M Abramowitz stated that Pompano Park does have a good piece of
commercial property and he would like to proceed further with the
annexation process.
A short discussion was held concerning the areas highlighted on
the map and regarding the parts of the first district that will be
shifted since the City cannot increase the population to more than
27%- of registered voters.
C/M Schreiber asked V/M Katz to show where the good commercial
piece of property is located and a discussion was held on the
areas of most interest to the City.
Mayor Bender said to let the records show that an expression of
interest has been given by all Council members to proceed with the
preparation of an Ordinance regarding the annexation project.
Ms. McDermott requested direction relative to the City's Staff
because many hours went into the research of this project and
additional research is required. She recommended the City
consider a consultant since this project will be a time consuming
process and must be completed correctly.
Mayor Bender asked Ms. McDermott to find out what the cost would
City Council Workshop Meeting
December 3, 1993/IZ
Page 7
be for a consultant to research the areas the City wants to start
researching first and the cost information would be a prerequisite
to hiring a consultant.
V/M Katz stated the first areas Council should look at are the
areas that will not increase the impact to City Fire and Police
services.
C/M Schreiber asked if the population in the first area would
bring the City over 50,000 in population. Mayor Bender said 2500
more people and Broadview would be needed to do that. V/M Katz
said if the City went to Prospect Avenue, which was listed as a
priority area, the City would have that much of an increase in the
next six months because there is a 300+ unit apartment project to
be started soon.
Mayor Bender asked, according to current laws, if the City annexes
and the population is increased, would Tallahassee wait until the
final census to accept the official count. Mr. Vonder Muellen
said the easiest figure for Tallahassee to accept would be the
1990 census and the population increases since that time would be
included in a reanalysis presented to the State.
Mayor Bender asked if, after the City completes this work and the
City receives approval to move forward, when the increased number
of people are brought before the State, will the State approve the
50,000 population figure.
C/M Abramowitz said the revenue sharing process allows for
indication of increased population.
V/M Katz said that assuming the City proceeded with a piece of
property for Referendum in March and it was approved, that would
be the time to make a request to the State so before the end of
the year it is listed as part of the City's total number of
residents.
C/M Abramowitz stated that the share of the 3t gas tax will be
distributed based upon population and will now produce $250,000
but the usage of the money is strictly quantified for roads,
repairs and things of that nature.
V/M Katz stated that Broward County said they intend to use the
money derived from their portion of the 3%- gas tax to replace the
deteriorated infrastructure in the unincorporated area.
Mayor Bender gave direction to Attorney Kraft to draft a bid for
the areas V/M Katz recommended for annexation.
The expression of interest of all Council members was to draft a
Referendum to proceed with V/M Katz's annexation recommendations
and to obtain the cost for hiring a consultant to complete the
annexation project research.
2. Discussion regarding City Manager update on Risk Manager
position.
Ms. McDermott explained to Council that the City is recruiting for
a Risk Manager but because the Risk Manager recruitment process
was done less than six months ago, the City has other individuals
that were ranked and previously interviewed by a panel.
Ms. McDermott stated that the Personnel Director is coordinating
this recruitment process and will be re -interviewing these
candidates. She said with that possibility in mind, the City may
have a viable candidate rather quickly but if that does not
happen, the City will re -advertise and begin the selection process
again. She stated that the nature of this particular position
involves the City Attorney and the candidates will be interviewed
by the City Attorney.
C/M Schreiber asked if Jim Budzinski was appointed Acting Risk
City Council Workshop Meeting
December 3, 1993/IZ
Page 8
Manager and if he was familiar with insurance or claims.
Ms. McDermott explained that Mr. Budzinski was appointed Acting
Risk Manager on a temporary basis because the City does not have
anyone else available at the moment that can do this job. She
said one year ago she was placed as an Acting Risk Manager even
though she had little knowledge of insurance but Mr. Budzinski's
background is in safety, training and scene analysis.
C/M Schreiber explained his concern was that when accidents occur
and are reported no one may be capable of completing an in depth
and thorough investigation.
V/M Katz explained that a multitude of tasks encompass the title
of Risk Manager and the City needs a person that understands
liability, workers compensation and that can respond when the City
receives notice of an accident.
A discussion was held on recruiting a person for the Risk Manager
position to have experience in insurance claims and risk
management.
C/M Abramowitz asked if there was an organization the City could
join to pay per case and Ms. McDermott said yes.
Attorney Kraft said that the City Risk Manager has many
diversified duties and that even the Fire Chief acknowledges his
limitations in the exposure to liabilities and risk areas. He
said the key concern is the recruitment of another Risk Manager
which apparently is being conducted.
Attorney Kraft said that as far as the City's current exposure
regarding accidents and investigations, the City has used private
investigators in the past that can be used again. He said the
City has contracted with some people for on -scene analysis and
statements and the third party administrator, Crawford and
Company, has met with Jim Budzinski.
Ms. McDermott said the City also has an in-house employee that
does minor accident investigations under the direction of the Risk
Manager and she will be monitoring that activity. She said the
City is currently overwhelmed with recruitment and other special
studies in Personnel and the Personnel Director has experienced
personal problems which necessitated him working part-time.
Mayor Bender asked Ms. McDermott if she considered the Risk
Manager to be a department head and she said, yes.
Mayor Bender began a discussion relative to Section 5.04 of the
City Charter regarding the City Manager appointing with approval
of the majority of Council.
Ms. McDermott explained that before taking action on an issue, she
presents the issue to City Council.
Ms. McDermott explained that a Department Head was not appointed
but she borrowed another Department Head to help manage the
office.
3. Discussion regarding Code Enforcement.
C/M Abramowitz expressed his dissatisfaction with the Code
Enforcement Department. He explained that a citizen called him
because he was cited by the City to remove his Christmas lights.
He said the citizen told him he removed his lights but that
directly across the street a business still had their Christmas
lights up after two years.
C/M Abramowitz stated he visited the Code Enforcement Department
to learn more of this incident and discovered the business had
been cited numerous times but was not brought before the Board.
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City Council Workshop Meeting
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C/M Abramowitz requested more information concerning the reasons
this business was not brought before the Code Enforcement Board.
C/M Schumann said the first time this business was cited, Code
Enforcement used the wrong Statute, one that did not apply to his
type of lighting. He said the business was advised by the City's
Electrical Inspector to get lights that are in plastic tubes
because they are the only kind of lights permitted year round
according to the City Code. He said the last time he talked with
Judy Yacobellis, he showed her the correct Statute and asked her
to send the business owner another registered letter. He said he
has heard nothing further.
C/M Abramowitz explained that this situation has been going on for
nearly two years.
Mayor Bender explained an incident in which an owner of a business
applied for Christmas lights and was advised that he needed a
permit for the holiday season. He said the business owner called
him and asked him why the City was discriminating against business
people when the City does not require home owners to get permits
to put lights on their home.
Mayor Bender said instead of discriminating against businesses,
everyone should be charged. He said he asked the Police
Department and Code Enforcement to investigate this matter further
and asked Attorney Kraft what the rules and regulations were for
Christmas lights. He said he was preparing a memorandum to Ms.
McDermott on this subject expressing his concern for equality to
everyone.
C/M Abramowitz said he wanted to know why the business owner who
had the lights up for almost two years has not been made to
conform to Codes.
Mayor Bender stated the Statute the business owner was cited under
was not the correct one.
C/M Abramowitz explained that if someone is cited and they do not
comply he is supposed to go before the Board. He said he wanted
to know why this business owner has never appeared before the
Board.
Mr. Vonder Muellen explained that the business owner was not cited
previously for that particular violation. He said the business
owner was cited for occupational licenses, expirations and several
other different violations.
C/M Abramowitz asked if the owner was brought before the Board for
any of these violations. Mr. Vonder Muellen said no, because he
complied with Code.
C/M Abramowitz stated he would be watching these lights.
Ms. McDermott said Code Enforcement has met with every individual
business owner to make sure they comply with the Codes, but
because the problems became bigger than anticipated, they extended
the time period for lighting to 90 days from whenever they file
and pay for the permit for holiday lighting.
Mayor Bender said he received a call from an owner who told him
the fee was $35.
C/M Schreiber said he knows Code Enforcement has experienced
problems with serving summons on private property. He said Code
Enforcement can give home owners warnings or notices to correct
the violations but if they do not comply, Code Enforcement does
not serve those home owners to bring them before the Board because
they do not accept serving.
C/M Abramowitz explained that serving was eliminated three years
ago with the new citations and home owners do not have to be
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City Council workshop Meeting
December 3, 1993/IZ
Page 10
served individually nor do they have to go to the post office to
pick up their mail.
Mayor Bender explained that some people refuse to accept
registered mail.
V/M Katz said any Deputy can visit the home owners.
Attorney Kraft said the Council was referring to different
processes, the Code Board process which serves someone with a
summons to appear before the Code Enforcement Board, and the
direct citation method, a supplemental procedure which is a
separate procedure apart from the Code Board.
C/M Schreiber asked why Code Enforcement does not use the direct
citation procedure. He said at a previous meeting all learned
that Code Enforcement cannot serve.
Attorney Kraft said there is a problem with due processing and
service and there are alternative methods that could be better
utilized.
Mr. Vonder Muellen said regarding both processes, including
summons for the Code Board, his department had experienced
difficulty in the past especially with people not receiving
certified mail. He said the City implemented different
procedures, for instance, registered letters in blank envelopes
with perfume, which has been very successful. He said however,
there are still lots of people who still refuse certified mail
which presents a problem.
Mr. Vonder Muellen said when using the court system process for
citations, a process initiated by Kelly Carpenter, the City
experienced difficulty at the Broward County judicial level. He
said Code Enforcement decided to refrain from using the citation
process until the process worked properly. Mr. Vonder Muellen
explained that the problems presented with using the citation
process are when a citizen goes before the Judge, the City is not
involved and the citizen may be punished for a dirty roof or
driveway that just needs to be resealed.
Mr. Vonder Muelen said if a summons for the owners arrest is
processed and if the owner is pulled over for running a stop
sign, he could be placed in jail. He said since the incident
will be published in the newspaper, the City needs to carefully
examine this process.
Mr. Vonder Muellen said Code Enforcement Officers experienced
problems when they had to sit at the court house for six hours
waiting for a schedule.
C/M Abramowitz said these problems should be treated like a
business and he was not concerned with fines but compliance. He
said if someone is mandated to appear in court and the Code
Officer does not show up, the case is dismissed. He said the
owner is impositioned to go to the courthouse and the City has to
do something. He said the City should eliminate Code Enforcement
because the current process is not working.
C/M Abramowitz said there are areas in Tamarac that no one wants
to drive through. Mr. Vonder Muellen explained that most of the
houses have running fines and are in bankruptcy with ownership
switching between the banks and RTC, which prevents the City from
obtaining fines or compliance.
C/M Abramowitz said when there is a final settlement, the City
will receive money. He said the City just received $45.000 from
someone. Mr. Vonder Muellen said in the meantime the City has to
wait and it looks bad.
C/M Abramowitz said there are owners which have never been cited
and it is a disgrace to the City.
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City Council Workshop Meeting
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Mayor Bender spoke to Mr. Vonder Muellen about a piece of
property that had been cited for a grass cutting violation. Mr.
Vonder Muellen explained that the vacant parcel's grass is cut by
the City and the out -of -country owner pays his taxes and the
fines for the grass cutting. He said there is nothing else Code
Enforcement can do at this time.
Mayor Bender referred to the abandoned piece of property and Ms.
McDermott explained she is in the process of preparing a written
report to the Mayor and the Council on this matter.
Mr. Vonder Muellen questioned whether C/M Abramowitz wanted a
special meeting to address specific issues since statements were
made concerning the operation of Code Enforcement.
Mr. Vonder Muellen said Code Enforcement's policy is to obtain
compliance through whatever measure necessary, which may mean
giving the individual an extra 30 days until they can get enough
money from their set income, from their retirement checks or
social security checks, so they can make the improvements on the
property.
Mr. Vonder Muellen said sometimes when an individual appears
before the Code Board, the Board will grant a 30 day extension.
He said he wants to be sure before making changes, that Council
desires his department to become stricter.
Mayor Bender said Council desires Code Enforcement to become more
effective while using discretion.
4. Discussion regarding drainage projects within the City.
Ms. McDermott explained that the City Council directed staff to
do additional research on the 71st Street drainage project and
City Engineer, Kline Jones, and Public Works Operations Manager,
Alan Levine, have prepared a comprehensive analysis through the
Engineering Department relative to repair and restoration of the
71st Street roadway area where drainage problems exists.
Ms. McDermott said as a follow up, the City has had individual
requests for review of the 49th Street area which is an elbow -
type roadway off Commercial Boulevard at State Road 7.
Ms. McDermott said as follow-up to these projects, the City needs
to identify all of the problem priority hot spots within Tamarac.
She said when the City completes one project, the City will be
opening a Pandora's box for the rest of them.
C/M Schreiber said if there is a problem, lets address it.
C/M Abramowitz said the only problem he wants to address is the
differential between the dollars in Mr. Jones' report and what
was received from the Engineering report.
Ms. McDermott said that the new analysis of 71st Street indicated
the project could be redesigned differently than previously
reported.
C/M Abramowitz said his understanding was that the other side
leading to the condominiums also has a problem.
Mr. Jones explained his proposal for a slotted drain on that side
of the street and said re-establishing a swale would have to be
addressed by Public Works.
Ms. McDermott said the swale area has grass that is very thick
and is too high to allow proper percolation of the water. She
said it is the same problem for both sides but one area is more
dramatic than the other.
Mr. Jones said there will be a small culvert laying down the edge
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City Council Workshop Meeting
December 3, 1993/IZ
Page 12
of the existing road which will be covered with concrete. He
said they will be cutting out 18 inches of the road and putting
this culvert in with the slotted drain on top of it, not
disturbing the driveway or the road surface.
Mr. Kline said they cannot place a swale in this area because the
driveways are in the way and because of landscaping and timber.
He said on the other side they can re-establish the Swale. He
said this work will intersect all of the areas where there is
flooding so the pocket there now will drain into the pipe below
the road surface and there is a slope.
C/M Abramowitz asked for information regarding the portion that
cannot be addressed. Mr. Jones said it is the landscape,
driveway and timber area.
C/M Abramowitz asked how many houses were on one side of the
street where the problem is and would Engineering be able to
eliminate the problem for every house experiencing a problem. Mr.
Jones said they will alleviate the problem of water standing in
the streets, not necessarily the driveway aprons.
C/M Abramowitz said that would not be enough because he has been
told by these people that when they get their mail, they are
ankle deep in water. Ms. McDermott said their driveway swale is
their driveway.
C/M Abramowitz asked if the proposal would alleviate all problems
for everyone on that street. Mr. Jones said if the problem in
the street is alleviated it will not run into the driveway.
Mayor Bender said his house is situated similar to these homes
but if this was done on his street he would still have water in
the driveway. He said his home was built in 1976 and his
driveway has a swale. He said he wants the City to correct the
outside so when the water runs off the street it does not run
into his driveway, however, it is his responsibility to correct
the driveway.
C/M Schreiber said the street should be done first.
C/M Abramowitz stated that if the City does the street and does
not correct the problem, it is a waste of money. He said he
wanted to see the problem corrected and asked if there was a way
to correct it.
Mr. Jones said the first study shows how to correct the problem,
cost $400,000 and will provide a minimum solution that will
remove normal flooding in the roadway. He said a swale in the
driveway will not be addressed with this solution.
C/M .Abramowitz said every homeowner must understand this method
of correction because people will still have water in their
driveway and they will complain.
Mayor Bender said the City should have a contingency situation
and, if the citizens want the City to spend the money on the
street, it will be contingent upon eliminating personal problems.
C/M Abramowitz agreed.
Ms. McDermott said in another City she implemented a method that
worked very well and she suggested an alternative method: The
residents that want their driveway fixed can share the expense.
She said when using this method, many homes with the same
problems will want the same work done, but it would be an
effective alternative solution. She said homeowners will have to
pay for their driveway.
Mayor Bender said with this method fewer people will complain
because they will have to carry part of the cost.
V/M Katz said he suggests the City pay for this work provided
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City Council Workshop Meeting
December 3, 1993/IZ
Page 13
there is a contingency. agreement between every homeowner
specifying the City Code states there will be no standing water
on private property and everyone that has standing water on their
property will be cited.
C/M Abramowitz said he wants the owners to sign that they are
aware and understand that they could have a potential problem in
their driveway and that their driveway is their responsibility.
He said he is anxious for the other side of the road to be fixed
also.
V/M Katz said residents came and said they wanted a sign stating
no parking on the right of way. He said he met with the City
Manager and the County and got the signs so the people across the
street could not park their cars. He said now the same people
who are complaining about water created the problem of parking in
the right of way.
C/M Abramowitz said he is willing to spend the money to alleviate
the situation and is stating for the record he is not responsible
for alleviating it. He said he did not cause the problem and is
willing to vote yes but wants the City to communicate the
situation to everyone and ask the owners to sign that they
understand the situation.
V/M Katz suggested that Council authorize the City Manager to
speak at a homeowners association meeting of the Isles of Tamarac
with the people who were so adamant about wanting the signs for
the right of way and explain to them what the City wants to do
before spending any money.
C/M Schreiber said a public information meeting can be held with
these people to explain to them the City,s willingness to spend
the money to correct the situation; however they must be
informed they are responsible for a problem on their own personal
driveway.
C/M Abramowitz said that information would not be enough because
two weeks after the job is done and they walk through the water
they are going to say that is not what the City said or they will
say they did not understand.
C/M Abramowitz said all the City needs to do is have each person
sign that they understand, just like they did when they received
their mortgage. He said he did not want them to have to share
costs but he does want them to understand that this project will
not take the water from their driveways.
C/M Abramowitz stated they must be aware that if there is a
problem they have two choices: either they live with the problem
or they assume responsibility for fixing the situation.
V/M Katz asked Council if he could get a consensus to authorize
the City 'Kanager to attend the meeting of the homeowners
association.'..�;nd the association at Kings Point to explain the
solutio;i an4 i7l1 Council members agreed.
Ms. McDermott; --said under stormwater management, once the project
is done and_ the City looks at 49th, a priority list of the
waterway 'alict roadway drainage problems should be established.
She said Staff is currently working on that list. She said a
five year improvement for resurfacing needs to be discussed and
the report on this issue will be distributed also.
Ms. McDermott said the City has done a month long analysis on
City staffing as a follow-up to the November loth meeting and a
written report on the difficulties caused by the manpower
shortage will be issued to Council.
Ms. McDermott said the manpower shortage has created a problem
with regard to the amount of requirements placed on Staff and
that these extra demands make their jobs harder. She said giving
City Council Workshop Meeting
December 3, 1993/IZ
Page 114
them less money and not giving them any pay increases increases
the possibility of more people leaving.
Ms. McDermott said at the Special Council Meeting on November 24,
1993, Council directed and approved moving $125.000 from the FP&L
escrow account and placing it into the General Fund. She asked
if it was Council's contention to transfer these funds in
Contingency.
Mayor Bender said that Council agreed to put the funds into the
General Fund and, if it was needed later in Contingency, the
funds could be moved from the General Fund to Contingency.
Ms. McDermott said she received a confirmation letter which she
showed to the City Attorney and the $125.000 will be moved into
the General Fund Revenue Account. She said she is also working
with Jim Hunter of FP&L at the direction of the Mayor and Council
to get the second part going.
Ms. McDermott said she received, under the FDIC versus Sun Island
Realty, $45.000 in settlement from the FDIC, and although Council
discussed this issue previously, there was no final Council
direction. She said she had Finance analyze the settlement and
they recommended the General Fund Revenues, Utilities West
Revenues and Utilities West Guaranteed Revenues pay off the
outstanding bills.
Mayor Bender said the money collected was supposed to cancel the
liability accounts.
Ms. McDermott said she is bringing this matter to Council's
attention to receive direction to proceed in this regard.
Ms. McDermott said she contacted Richard Black, Range Rider, from
Wilton Manors, and, due to the holiday schedule, he is only
available on Wednesday, December 8, 1993 at 1:30 p.m. to talk
with Council. She said there is a Council meeting that same
evening but it would be easier for him to come during the day.
C/M Abramowitz asked if Mr. Black could come earlier on Wednesday
around 9:00 a.m. Ms. McDermott said she would try to arrange
that appointment time.
With no further business to be discussed, Mayor Bender ADJOURNED
this meeting at 12:30 p.m.
CAROL A. EVANS, CMC
CITY CLERK