HomeMy WebLinkAbout1988-03-31 - City Commission Workshop Meeting MinutesI
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5811 NORTHWEST 88TH AVENUE TAMARAC, FLORIDA 33321
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March 23, 1988
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TAMARAC. FLORIDA 33320
NOTICE
OF
CITY COUNCIL WORKSHOP MEETING
Please be advised that there will be a Workshop Meeting
of the City Council Thursday, March 31, 1988 at 10:00 a.m. in
the Council Chambers at City Hall, 5811 N.W. 88th Avenue,
Tamarac, Florida. The purpose of this meeting is to discuss
Police related matters.
Carol E. Barbuto
City Clerk
The public i,s invited to attend,
CEB/nr
AN EQUAL OPPORTUNITY EMPLOYER
POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS
CITY OF TAMARAC
CITY COUNCIL WORKSHOP MEETING
THURSDAY, MARCH 31, 1988
TAPE 1
CALL TO ORDER: Mayor Abramowitz called this Workshop meeting to Order
on Thursday, March 31, 1988.at 10:05 A.M. in the Council Chambers.
PRESENT:
Mayor Norman Abramowitz
Vice Mayor Jack Stelzer
Councilman Herman "Larry" Bender
Councilman Bruce Hoffman
Councilman Henry Rohr
ALSO PRESENT:
John P. Kelly, City Manager
Richard Doody, City Attorney
Pauline Walaszek, Special Services
Secretary
City Manager Kelly said the purpose this Workshop was to
update the City Council on Police matters. He said staff
needed direction by the City Council on certain items
that would be discussed. He said the Burglar Alarm
Review Board is a major problem and needed to be
discussed. He asked Police Chief McIntosh to inform the
City Council about the Burglar Alarm Review Board
ordinance.
1. BURGLAR ALARM COMMITTEE ORDINANCE
V/M Stelzer announced that the Burglar Alarm Review Board
did not have a member present for this discussion;
therefore, he said he would speak for them.
Police Chief McIntosh said the Burglar Alarm Ordinance
currently in effect was adopted in 1982. He said there
were problems with the Ordinance because of its length
and complexity and certain portions of the Ordinance
could be eliminated.
Chief McIntosh said the first three sections of the
proposed Ordinance and the first five sections of the
existing Ordinance pertain to the licensing of burglar
alarm companies. He said he and the previous City
Attorney felt that these sections could be eliminated
because the burglar alarm companies were licensed by the
County. He said the City of Tamarac did not need to
license these companies again because the City could not
charge the companies for the license.
Chief McIntosh said the City did not have the qualified
personnel needed to inspect alarm systems, which has been
a problem for the Building Department; therefore, these
sections of the Ordinance could be eliminated shortening
the Ordinance considerably. He said the existing
Ordinance consisted of 28 pages and the proposed
Ordinance consisted of 24 pages.
Chief McIntosh said the section of the Ordinance stating
that the Police Chief or his designee could disconnect
alarm systems has never been done and he did not know how
to disconnect alarm systems. He said there were several
provisions in the Ordinance that he would be designated
to do and he did not know how to do.
Page 1
3/31/88
Chief McIntosh said there are problems concerning the
Burglar Alarm Review Board such as, calling an Officer to
testify before the Board regarding a burglar alarm
incident. He said the Officer's report covered the
incidents and, unless there was an error on the report, a
Police Officer should not be required to testify before
the Board.
C/M Hoffman asked Chief McIntosh if he was familiar with the City of Fort Lauderdale's Burglar Alarm Ordinance and
if so, he asked Chief McIntosh for his opinion of that
Ordinance in relationship to the City of Tamarac's
Burglar Alarm Ordinance.
Chief McIntosh said as a previous employee of Fort
Lauderdale, he is familiar with the City of Fort
Lauderdale's Burglar Alarm Ordinance. He said when he
left the City of Fort Lauderdale, he was not familiar
with any fines being paid to that City while he was
employed. He said the City of Fort Lauderdale had a very
simple Ordinance and never resolved the question of who
is responsible for the alarms.
Chief McIntosh said he and City Manager Kelly surveyed
the other Cities regarding their burglar alarm programs.
He said some Cities did not have an Ordinance governing
alarms and those who did have an Ordinance, in most
cases, did not charge a fee. He said the City of
Hollywood has not handled an appeal or collected any
fines since 1985.
V/M Stelzer asked if the Cities were asked about the
number of burglar alarms in their City and Chief McIntosh
replied, no; however, past surveys have indicated the
amount of alarms in each City.
Chief McIntosh said most Cities had the same problems
that the City of Tamarac has. He said the City of
Tamarac used to have 1,000 alarms ringing at the Police
Station until the system was removed.
Mayor Abramowitz asked Chief McIntosh to inform the City
Council of the problems in the Police Department created
by this Ordinance other than the problem of the Officer's
appearing before the Burglar Alarm Review Board. He
asked if this Ordinance is interfering with the functions
of the Police Department.
Chief McIntosh said this Ordinance did not interfere with
the Police Department's functions. He said the Police
Department would also be responsible for answering alarm
calls whether the alarms were monitored by the City of
Tamarac's Police Department or a private company. He
said the biggest problem concerned the request from the
Burglar Alarm Review Board for the presence of a Police
Officer to testify. He said many of the Officers were on
duty and the Officers who were off of duty had to be
compensated by the City for their time spent at the
Burglar Alarm Review Board meetings. He said he has
asked the Board to excuse these types of cases to avoid
the extra cost to the City and the extra time needed by
the Officers.
Mayor Abramowitz asked if the City Code required a Police
Officer to testify before the Burglar Alarm Review Board.
Page 2
3/31/88
City Attorney Doody said the matter is presently provided
for in the Ordinance and there is an appeal provision in
the Ordinance where the Burglar Alarm Review Board
reviews false alarm assessments. He said the Ordinance
allows the procedure for Police Officers to testify, if
needed. He said this provision is only a policy
provision and there.were no legal requirements involved.
He said there were no legal requirements saying that
there had to be a Burglar Alarm Review Board. He said
the City assigned the Burglar Alarm Review Board to these
matters by allowing the citizens to explain the reasons
for their false alarms.
C/M Rohr suggested Chief McIntosh inform the City Council
of what sections he would like eliminated in this
Ordinance. He said by doing this, the City Council would
be aware of what the Police Department felt is the
correct system for burglar alarm matters. He said he was
very concerned about what Chief McIntosh felt about this
matter.
V/M Stelzer said this Ordinance was created when the
Woodlands installed a Burglar Alarm board in the Police
Department for expedient Police service. He said this
procedure became a problem because there were so many
false alarms and, to avoid these problems, false alarm
penalties were placed in the Ordinance and a Board was
established to hear from the residents regarding the
false alarms. He said the Board became a burden to the
Police Department and the Board was eliminated.
V/M Stelzer said in the meantime, the City wanted to
protect the residents of the Woodlands from incompetent
alarm companies. He said the City was never in the
position to make inspections of burglar alarms because of
the liabilities involved. He said the only inspections
done by the City would be electrical inspections;
therefore, a $50.00 false alarm fee was implemented.
V/M Stelzer said the City wanted to protect every
resident from incompetent alarm companies; therefore, the
City charged $150.00 to the alarm companies for
installation as a precaution for faulty alarm systems
being installed. He said if the alarm company refused to
repair a faulty system, then the repair cost would come
from the alarm companies' deposit of $150.00.
City Manager Kelly said to have a line by line review of
the history of burglar alarms would not solve the
problems being discussed at this time. He said staff
wanted to receive a consensus by the City Council that
the existing and the proposed Ordinance is inappropriate
and if the Burglar Alarm Review Board should be
eliminated.
V/M Stelzer said this Ordinance has been discussed for
several years and it has been rewritten by the City
Attorney at his request. He said a copy was sent to
everyone involved and no one responded by advising
amendments.
City Attorney Doody said there were several comments
given to him informally about the Ordinance.
V/M Stelzer said this Ordinance was created to protect
the homeowners and handle false alarms. He said the City
charged a $50.00 fee for installation and renewal fees,
which has been eliminated.
Page 3
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Mayor Abramowitz said he would like to know what the new
Ordinance contained before discussions continue.
V/M Stelzer said the Police Department collected
$84,000.00 this year on renewal fees and this renewal fee
could not be rescinded until January 1, 1989 unless the
City wanted to return $84,000.00 to those residents who
have paid. He said the personnel handling these records
in the Police Department would only be handling false
alarms if the .City decided to eliminate the Burglar Alarm
Review Board and the fees.
C/M Hoffman said there is a lot to be done regarding the
burglar alarm problems and he suggested that Chief
McIntosh report on this matter as to solutions. He said
the Police and Building Departments were heavily involved
with burglar alarm matters and he suggested the City
consider that at the time, there was no Burglar Alarm
Ordinance. He said the Police Chief and the Chief
Building Official should be recommending solutions to the
City Council regarding these problems.
Mayor Abramowitz said he had concerns with the City staff
becoming involved with the legality of the Ordinance. He
said he would like to see an Ordinance that was
simplistic; however, he would like the Ordinance to
protect the City, citizens, Police Department and
Building Department from problems.
City Attorney Doody said he needed direction from the
City Council on two matters. He asked if the City
Council wanted the Burglar Alarm Review Board eliminated.
Mayor Abramowitz said he would favor the Burglar Alarm
Review Board being eliminated. He asked why a Board
would be needed if the penalties are eliminated.
City Attorney Doody asked how far the City wanted to go
in licensing these businesses. He said changing the
Ordinance would be done by the City Council's fundamental
view of the matter. He said if the licensing is
eliminated, then a lot of the penalties would be
eliminated.
Mayor Abramowitz asked the City Council and the City
Manager to address the two matters which the City
Attorney is concerned about.
C/M Hoffman said the City did not need a Burglar Alarm
Review Board. He said if the City decided to maintain
penalties, the Code Enforcement Board could handle the
procedures.
C/M Hoffman said if the County had provisions regarding
the licensing of Burglar Alarm Companies, then the City
should not be involved with this matter.
Mayor Abramowitz asked if the Building Department should
charge a fee for the installation of new alarms.
C/M Hoffman said the installation of a new alarm should
be handled the same way as the electrical installations
are in the Building Department. He said a permit should
be purchased for a new alarm system.
Page 4
3/31/88
C/M Rohr said the City should not be responsible for the
installation of a burglar alarm since the City's
responsibility regarding burglar alarms is limited. He
said there should be charges for false alarms; however,
the Burglar Alarm Review Board should be eliminated
because they did not have to power to override a Police
Officer's report.
C/M Rohr said if an alarm company is licensed by the
County than the City should not be involved. He said the
homeowner should be responsible for finding out who they
are doing business with.
C/M Bender said as long as the County had a licensing
procedure, the City should not get involved. He said
there would always be false alarms; therefore, the Police
report would have to state why the false alarm occurred
and fees could be based on these reports.
C/M Bender said the Ordinance should be simplified by a
Board and, when the Ordinance is completed, it should be
brought before the City Council for approval.
V/M Stelzer said burglar alarm installation should be
handled like the electrical permits. He said he would
like a deposit made to the City for any type of
installation. He said Code enforcement is an easy
procedure; however, it would be difficult for the Code
Enforcement Officer to determine the cause of a false
alarm. He said a Board should be provided to determine
the causes of sounding alarms and fining the people who
consistently have false alarms. He said it would be
better to change the Ordinance to reflect a Police
Officer's report as sufficient evidence in the case of a
false alarm rather than eliminate the Board.
V/M Stelzer said this Ordinance has been in circulation
since 1985 and, because of the lack of interest, there
has never been meetings regarding these problems. He
said a lot of the provisions regarding the installers
could be eliminated and the City should not license an
installer if the installer is licensed by the County;
however, the installer should be required to submit a
deposit to the City.
Mayor Abramowitz said he could not understand why this
Ordinance has not been handled in the past. He said this
City Council will be taking some positive action towards
this matter. He said he would like to see a substantial
fee for installation because it would stop companies from
installing incompetent systems. He said the Building
Department should be charging the companies for
installation and inspecting the installation as they do
in all other types of installation.
Mayor Abramowitz said he would like a provision in the
Ordinance which would prevent residents from constantly
having false alarms because of negligence. He said he
would like to see the problems with the Police Department
eliminated by simplifying the Ordinance.
Mayor Abramowitz said he would like the Ordinance drafted
to protect the homeowners from incompetent alarm
companies by formation of a fee. He said he would like
to see the Burglar Alarm Review Board eliminated with a
provision in the Ordinance requiring a homeowner to have
a faulty alarm system repaired.
Page 5
3/31/88
TAPE 2
Mayor Abramowitz asked City Attorney Doody to submit a
more simplified Ordinance to the City Council and City
Attorney Doody said he now understands the consensus of
the Council and he would simplify the Ordinance by
scaling back the licensing provisions and by eliminating
the Burglar Alarm Review Board.
City Manager Kelly said Sections 1 through 5 of the
existing Ordinance should be eliminated because they
duplicated the County's licensing procedures. He said
the Burglar Alarm Review Board should be eliminated and
the Building Department should be responsible for
providing permits for installation. He said he has
received several complaints from residents about the fees
being high which resulted in them not being able to buy
alarm systems.
Mayor Abramowitz suggested that the fees be based on the
houses square footages and City Manager Kelly said this
suggestion will be considered.
City Manager Kelly said the problems regarding frequent
false alarms should be pursued as well as others.
.-1
Mayor Abramowitz said he would like Police and Building
Departments concerns considered while the Ordinance is
being Amended.
C/M Hoffman asked that the Ordinance be made simpler but
more enforceable. He said it would he needless to have
an Ordinance that the Police cannot enforce.
Chief McIntosh said there were 3,000 false alarms per
year being answered by the Police Department and, if
these false alarms could be reduced, the Police
Department would appreciate it.
V/M Stelzer asked how the Amendments discussed would
prevent false alarms and Chief McIntosh answered, by
inspections from the Building Department.
C/M Rohr suggested the Ordinance contain a provision
regarding certain amounts of false alarms per year.
C/M Bender said all the questions being raised by the
City Council at this time were answered in the Fort
Lauderdale Burglar Alarm Ordinance. He suggested the
City Attorney use this Ordinance as a proto-type for the
City of Tamarac's Ordinance.
2. Shaker Village Agreement/Lakes of Carriage Hills
Shaker Village Agreement
Chief McIntosh said this Agreement came about because of
a new law allowing the Police Department to enforce
traffic on private streets providing the private
associations wanted the Police services.
Chief McIntosh said Shaker Village wished to have this
type of enforcement on their streets. He said the City
Attorney and Shaker Village's Attorney is presently
working on this Agreement.
Page 6
1
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City Attorney Doody said he spoke with Shaker Village's
Attorney regarding this Agreement; however, their
Attorney had concerns with the provision regarding Shaker
Village holding the City Harmless for an act or cause of
action which arose from a Police action. He said the
City Council would have to decide if the provision stays
in the Agreement.
City Attorney Doody said the State Statute's new law
provided that the Agreement could contain two provisions.
He said one provision allows the City to charge the
private entity for the cost of the services provided by
the City Police Department; however, after discussion
with the City staff, he understood that this provision
should not be applied in the Agreement with Shaker
Village. He said the other provision is that the City
could be held harmless by the private entity, which is
what Shaker Village's Attorney is concerned about.
Mayor Abramowitz asked Chief McIntosh how he felt about
this Agreement and Chief McIntosh said he felt this
Agreement is good; however, he is concerned about the
residents expecting to see a patrol car at all times on
their streets once the Agreement is signed. He said the
Agreement only allowed the Police Officers to enforce
traffic laws.
V/M Stelzer asked if the speed bumps on the street would
be eliminated. He said it would be difficult for the Police
Officers to pursue a criminal with the speed bumps and
Chief McIntosh said he did not believe this matter was
addressed.
V/M Stelzer asked who would be responsible for installing
the speed limit signs and Chief McIntosh said Shaker
Village would have to pay for the installation of the
speed limit signs.
V/M Stelzer said the Police Department had to see that
Shaker Village conformed with all of the Department of
Transportations (DOT) requirements. He said providing
Shaker Village conformed to all the requirements, he does
not object to this Agreement.
Mayor Abramowitz said the speed bumps had to be
eliminated and Shaker Village did have the right to
Police protection; however, they have not dedicated their
streets to the City and, before the Agreement is signed,
he would like the Police Department to see that Shaker
Village conformed with all the requirements of DOT.
C/M Hoffman asked if the Hold Harmless provision is
important in this Agreement and City Attorney Doody said
the provision protected the City. He said Shaker
Village's Attorney did not feel that the entity's rights
had to be waived in order to get an Agreement for Police
traffic enforcement.
C/M Hoffman asked how the City could be liable by
enforcing traffic and City Attorney Doody said the
concerns were false arrest, accidents, etc. He said it
was interesting that the State provided this provision
for the Agreement.
C/M Hoffman said if the State provided for the provision
and the City Attorney felt that the provision is
important, then the City should require the provision in
the Agreement and Mayor Abramowitz agreed.
Page 7
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3/31/88
C/M Rohr agreed that this provision should be in the
Agreement and, because the City would be providing a
service that they did not have to provide, Shaker Village
should approve the Agreement as the City provides.
C/M Bender also agreed with the provision being placed in
the Agreement.
Mayor Abramowitz asked if Shaker Village was anxious to
have this Police service and City Manager Kelly said this
Agreement could be made to provide this service until the
end of this Fiscal Year. He said other areas may also
want this type of Agreement which could be provided in
the City Budget at the time the Budget is being
reassessed.
Mayor Abramowitz asked City Attorney Doody if this
Agreement could be implemented on a trial basis and City
Attorney Doody said he could have the Agreement state a
termination date and subject a renewal by City Council
approval only.
V/M Stelzer asked if the City Code is being met by the
roads and City Attorney Doody said this matter was
important; however, this law is provided for in the new
State Statute and there may be items that have to be
experienced for Amendments. He said he foresees problems
such as, stop signs, speed limits, etc., that will have
to conform to DOT regulations. He said these matters
would have to be worked out during the experience.
V/M Stelzer asked if the City would be responsible for
surveying the area for conformity to the Codes and City
Attorney Doody said the City may have do these surveys
before the Agreement is signed.
C/M Hoffman said the City staff could be depended on to
see that these matters are taken care of before the
Agreement is signed.
Lakes of Carriage Hills
City Manager Kelly said Lakes of Carriage Hills has a
similar type of Agreement with some exceptions.
Chief McIntosh said Lakes of Carriage Hills has no
private streets; however, they want Police traffic
enforcement in the area.
C/M Rohr said he resides there and in 3-1/2 years, he has
never seen a police car checking the area for illegal
handicapped parking. He said Lakes of Carriage Hills is
having a terrible problem with this matter.
C/M Hoffman suggested this matter be discussed under Item
3 and Mayor Abramowitz said he would like to know if
there were other problems with the parking at Lakes of
Carriage Hills.
C/M Rohr said there are several problems with traffic in
the parking area because there is only one parking
requirement for the whole development.
Mayor Abramowitz asked Chief McIntosh if he approved of
this Agreement with Lakes of Carriage Hills and Chief
McIntosh replied no. He said C/M Rohr has been
discussing the parking requirements within Lakes of -
Page 8
3/31/88
Carriage Hills which did not pertain to what the State
Statute provided for Lakes of Carriage Hills. He said
the discussions regarding this development pertained to
moving violations only.
City Attorney Doody said because there were no private
streets in Lakes of Carriage Hills, the only way to deal
with the matter of illegal handicapped parking is to
enforce it. He said this Agreement would not involve
that matter.
V/M Stelzer asked if the Police were allowed to go into a
private development and issue a ticket for illegal
handicapped parking and Chief McIntosh said the Police
were supposed to be patrolling the area regardless of the
Agreement. C/M Rohr said the Police were not patrolling
that area.
3. Handica22ed Parking Enforcement Proposal
City Manager Kelly said Chief McIntosh submitted a
proposal regarding this enforcement proposal. He said
there have been discussions regarding having a volunteer
program or additional personnel added to the Police
Department for patrolling.
Chief McIntosh said State Law permitted trained citizens
to enforce parking violations; however, the citizens had
to be trained for 40 hours at the Police Academy. He
said after the training, the citizens were certified by
the state to issue parking tickets.
Chief McIntosh said two years ago, he had been contacted
by citizens of the City regarding this matter at which
time he opposed the program because he feared for the
safety of the citizens. He said he still has fear for
citizen safety because the citizens would be handicapped.
He said when people get traffic tickets, they become
very nasty and resentful. He said the people receiving
traffic tickets had little respect for the Police
Officers; therefore, they would have less respect for the
volunteers.
Chief McIntosh said he contacted the Palm Beach Sheriff's.
Office, Broward Sheriff's Officer and Dade Metro Police
who have this program in operation and they reported that
the programs are successful. He said the Palm Beach
Program took 1/3 of the proceeds from the parking fines,
which is allowed by State Law, to pay for the necessary
equipment, etc., needed for the program. He said the
proceeds paid for the uniforms and mileage at 20 cents
per mile for the use of their own vehicles.
Chief McIntosh said the program would incur more expenses
than the proceeds because of monitoring the program. He
said it may be better to hire the additional personnel
and provide the personnel with scooters for the
monitoring of parking violations. He said the personnel
would monitor all areas that have handicapped parking.
Chief McIntosh said since the fines have been increased
to $250.00, it was very difficult to collect the money
from the people. He said the City Prosecutor has been
getting involved with the collection of the fines because
the City is only able to collect 20% of the fines issued.
He said it is becoming very costly because of the court
proceedings required.
i
Page 9
3/31/88
C/M Hoffman said he did not believe everything had to be
based around making money. He said the City had
Ordinances which protected handicapped people and these
Ordinances had to be enforced. He said he did not like
the idea of having handicapped people patrolling the
handicapped areas. He said he would prefer having Police
Personnel handle the matters. He said the people who are
violating the handicapped parking law should be
prosecuted. He said once the citizens realize that the
law is being enforced, they would think twice before
parking in the handicapped areas.
C/M Rohr asked if the uncollected fines were from people
out of town and Chief McIntosh replied, no. He said most
of the people claim that they did not have the money.
C/M Hoffman said the people who do not pay should have
their licenses taken away and Chief McIntosh said the
Police Department could not revoke the citizens licenses.
He said many citizens were asking if the City had a
payment plan to pay the fines.
C/M Hoffman asked if the state could revoke a person's
license for not paying a fine and Chief McIntosh said if
the City pursued the cases by involving attorneys,
Judges, etc., a person's license could be revoked.
Mayor Abramowitz said it may cost the City $500.00 to
collect a $250.00 fine.
C/M Rohr said if the City had to pay an attorney for a
claim, they could ask for legal fees as well providing
the case is won by the City and Mayor Abramowitz said if
a citizen could not pay $250.00, how would they be able
to pay the attorney's fees.
C/M Rohr said he could not believe that 80% of the people
can not pay the fines. He said there should be a law
mandating that these fines be paid by not reinstating
their car registrations, etc., until the fee is paid and
the State should be willing to help the Cities on these
matters.
Mayor Abramowitz asked the Councilmembers to comment on
how they felt the monitoring of the program should be
handled.
C/M Rohr said he spoke with a gentlemen involved with a
handicapped program who said the participants of the
program would help the City with this matter without
expecting compensation. Chief McIntosh said he contacted
this gentleman but he never replied.
Chief McIntosh said he had fifty volunteers for the
program and Mayor Abramowitz said he had several names of
volunteers in his office.
C/M Bender said he would like the enforcement of this law
to be as economical as possible because of problems with
the collection of fees.
Mayor Abramowitz said he would prefer the program have as
many persons as possible rather than 3 to 4 monitors. He
asked City Attorney Doody to research the enforcement of
Ordinances and having volunteers for the program.
Page 10
3/31/88
V/M Stelzer said he was not happy with the volunteer
program because of the liability to the City. He said he
would like to see illegal handicapped parking enforced;
however, he would like to see the Police Department doing
the monitoring regardless of the cost involved for the
needed personnel and equipment. He said the biggest
violators were people who had handicapped spouses and
used the handicapped spaces for convenience. He said
these people need to be monitored.
City Attorney Doody said he would speak with the Risk
Manager regarding the liability; however, the volunteer
program could be used providing the volunteers signed an
Agreement holding the City harmless.
City Manager Kelly said he is in favor of the volunteer
program and the research done by Chief McIntosh regarding
the other Cities proving that the program would be
successful. He said Tamarac could research how the other
Cities protected themselves from liability; however, the
program would be very economical for the City.
C/M Rohr said the citizens involved in the volunteer
program would be better monitors because they would be
monitoring areas around their residences. He said once
the program is in effect, the program would be successful
because the citizens would realize that the City is
serious about this problem.
4. CAPITAL IMPROVEMENTS -- TELEPHONE DEVICE -- DEAF
Chief McIntosh said Florida Statute 427.507 requires that
the Cities have a telecommunication device for the deaf
(TDD) in order for deaf citizens to contact the Police
Department. He said the telephone contained a printout
and the cost of the system is about $1,000.00; however,
there is a monthly charge by Southern Bell of $36.00 per
month.
City Manager Kelly said this system would be included
with next year's budget proposal.
5. PSAP PROPOSAL
City Manager Kelly said this item is the communications
system in the new Police Station regarding the E-911
which would provide direct communication to the Police
Department for emergency service. He said manpower
impact would have to be increased causing an increase in
the budget.
Chief McIntosh said the City presently dispatches calls
through the Broward Sheriff's Office under their
Cooperative Dispatch Center program. He said
Tamarac had a monitor only at this time which is not a
full-time dispatcher.
Chief McIntosh said the new Police Station would contain
an 800 mhz radio system. He said the City would need
more personnel to operate this program appropriately.
Mayor Abramowitz RECESSED this meeting at 11:30 A.M. and
RECONVENED at 2:00 P.M. with ALL PRESENT.
Page 11
3/31/88
TAPE 3
5. PSAP PROPOSAL (Continued)
C/M Rohr asked if the City is paying for the service used
with the Broward Sheriff's Office and Chief McIntosh
replied, no.
Chief McIntosh said the CDC provided Police communication
to the Cities who did not have their own communication
system. He said several Cities have left the CDC system
because they obtained their own system and because of the
few people the Broward Sheriff's Office has in the
program, they are working on a charge that the remaining
Cities would have to pay to stay with the CDC program.
He said the cost that Tamarac would have had to pay for
the program in 1983 was $12,000.00 per month or a little
over $144,000.00 per year.
Chief McIntosh said the County discontinued the idea of
charging the Cities; however, they indicated that they
would be charging the Cities at a future date and would
assess the charge by the City's population.
Chief McIntosh said the City planned to have their own
communication system which would require 9 additional
personnel. He said the system would need a dispatcher, a
monitor and a full-time receptionist and the personnel
would be cross -trained.
Chief McIntosh said in 1983, the City decided to have
their own 800 system and the County granted 4 channels
under a slow growth system. He said the slow growth
system allowed the City 5 years to get the program
started and in operation. He said radio channels were
difficult to obtain and the City's 5 years would be up in
February, 1989; therefore, the City had to have the
system in operation by then to keep the four channels.
Chief McIntosh said the City only had the base station
which is cleared once a day to satisfy the FCC. He said
the hand-held radios being used are in poor
condition and the Police Officers are upset
because they are the Police officer's lifeline on
the street. He said the radios were inspected in 1986
and the report said that the radios were in poor to ba-d
condition.
Chief McIntosh said the new Police Facility and
communication system would not be ready until January,
1989. He said the 9 additional people would cost the
City $180,000.00 per year; however, these people would
not be added for a 12 month period.
City Manager Kelly said it is important for the City
Council to understand that the channel access is
important. He said if the PSAP proposal is not
implemented, the City would not have an option in having
their own PSAP program. He said the Broward Sheriff's
Office could begin charging the Cities at any time and,
once they enact that cost, the City may not be able to
incur the cost needed for the program because the channel
access may not be available.
City Manager Kelly suggested that the City install the
conduits for the program and continue with Broward
Sheriff's Officers program this year. He said by doing
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this, the City is gambling and more is involved in the
matter than the proposal. He said monies are available
for the securities system.
V/M Stelzer asked if the cost of all communications was
considered in the planning for the Police Station and
City Manager Kelly replied, yes.
V/M Stelzer asked if this discussion pertained to a 6
month budgetary matter and City Manager Kelly said the
City Council recently approved the pursuit of the PSAP
proposal at a cost of $44,000.00 and authorized him to
appear before the Broward County Commission as a
delegation request to push for the proposal because the
County required the Cities to do this.
V/M Stelzer asked why this matter is being discussed if
the City Council approved the matter and City Manager
Kelly said he is concerned with the fact that all of the
monies needed for this program has not been identified in
the approval.
City Manager Kelly said Mayor Abramowitz stated that he
did not like surprises; therefore, because the entire
package has not been completely identified to all the
members of the City Council, he wanted to inform them at
this time of all the costs. He said the cost for this
system would be proposed for next year's budget.
C/M Bender asked Chief McIntosh if he was referring to
the hand-held Police radios and Chief McIntosh replied,
yes. C/M Bender asked if consideration has been given
regarding having the poor radios rebuilt and Chief
McIntosh said the radios have been repaired several times
and were beyond further repair. C/M Bender suggested
Chief McIntosh check into a rebuild program.
C/M Rohr asked if $180,000.00 for the additional
employees would include benefits and Chief McIntosh
replied, yes.
C/M Rohr said since the City did not know when the
Broward Sheriff's Office would charge for the CDC
program, the City should get their own program ready for
operation; however, use the County's program until they
decide to charge. He said if the Broward Sheriff's
office's program is free, the City should take advantage
of it instead of paying $180,000.00 a year.
C/M Hoffman asked if radio equipment had to be replaced
if the City decided to stay with the Broward Sheriff's
Office program and Chief McIntosh replied, yes.
C/M Hoffman asked Chief McIntosh if he is dissatisfied
with Broward Sheriff's office's Service and Chief
McIntosh replied no; however, the Police Department would
operate more efficiently and expediently with their own
communication system.
C/M Hoffman asked how much response time would be saved
and Chief McIntosh said he could not answer that question
thoroughly because the response time depended on the
types of calls. He said under normal circumstances the
City should receive the call from the Broward Sheriff's
Office within two minutes; however, there have been
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instances when the call was not directed to the City
until 30 minutes after the initial call. He said the
Police Department would have more control of the
communications if they had their own system.
C/M Hoffman asked if the Police Department could continue
using the channels if the City decided to share the
system with the Broward Sheriff's Office and Chief McIntosh
replied, no.
Chief McIntosh said the Police Department would be losing
the 4 channels in February, 1989, and the only way to get
the channels back is to reapply for the channels and hope
for approval.
C/M Hoffman said it would be better to use the Broward
Sheriff's Office system as opposed to spending
$180,000.00 per year for the Police Department to handle
their own system.
Mayor Abramowitz said he was aware of the advantage of
having a full state of the art Police Department and the
fact that the system was previously approved by the City
Council. He said he is concerned with the fact that the
Police Officers and the citizens are in jeopardy because
the Police equipment being used is not adequate. He said
he would be the first one to vote to spend the money for
new equipment under these circumstances and he asked
Chief McIntosh if the citizens are in jeopardy if the
City Council decided to deny this system. He said,if
they are, then he would be willing to approve this
system; however, if the citizens are not in jeopardy, he
would like to see this matter handled in another way as
opposed to paying $180,000.00 per year.
V/M Stelzer asked if the Bond money for the new Police
Station had to be used for the project and City Manager
Kelly said he was not aware that the Bond law required
this procedure.
V/M Stelzer asked if the conduits could be placed in the
new Police Station for the future and, in the meantime,
use the Broward Sheriff's Officers system and Chief
McIntosh replied, yes.
V/M Stelzer suggested the conduits be placed in the new
Police Station and,when the time comes to use the system,
the budget could be discussed.
Chief McIntosh said he was not asking the City to spend
the money for this project. He said he was asked to
explain what is needed for the project to operate.
V/M Stelzer said the City could continue using the
Broward Sheriff's Office system until the Budget allowed
the monies needed for the City to have their own system.
Chief McIntosh said whether the City had this system or
not, the hand-held radios would have to be replaced.
C/M Hoffman asked the City Manager what he would
recommend if the new system is denied and City Manager
Kelly said he would meet with Keith Emery, Construction
Manager, on this matter.
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City Manager Kelly said the City had to decide if the
PSAP program would be used in the new Police Station at
this time for construction purposes and because the
County Commission wanted to know if the City will be
using the Broward Sheriff's Office program. He said the
City would be eliminating options given by the Broward
Sheriff's Office system if the City would be using their
own system. He said he would speak with Keith Emery and
Ken Fyler, Communications Expert, regarding this matter
and report back to Council with the findings.
Mayor Abramowitz asked if the City would be violating the
Bond issue if the decided not to use the PSAP Program and
City Manager Kelly said the City is not obligated to
spend any of the Bond money if the project could be done
under half the amount of the anticipated Bond.
C/M Hoffman asked if a fund could be established with the
Bond money for the expected equipment for this system and
City Attorney Doody said he would discuss this matter
with the Bond Attorney and report back to the City
Council with answers.
At 2:30 P.M., C/M Rohr WITHDREW from the meeting.
C/M Bender said when the new building is constructed and
an addition is needed, it would cost the City additional.
money. He said equipment cost also increased every year;
therefore, the City Council should receive information
regarding what the cost would be for each year the City
decided to withhold the purchase of this equipment and
adding the needed personnel.
City Manager Kelly said he would submit this information
for the City Council.
6. PENSION DISABILITY CONCERN
Chief McIntosh said in 1987, the City Council approved a
new Pension Plan which allowed Police Officers and Fire
Fighters to retire as a result of a disability with a 75%
monthly salary. He said since the Plan was approved, he
has had 4 Police Officers retire and there were several
other Officers waiting to retire.
Chief McIntosh said he had 5 positions open because the
personnel is out ondisability and he had 4 other
positions open which have not been filled. He said
because of the Department's standards, it is not easy to
fill the open positions.
Chief McIntosh said the City had good pay and benefits;
however, the Pension Plan has always been a problem. He
said if a person becomes disabled, the Plan covered them
with good benefits; however, the regular Pension created
the problems.
Chief McIntosh said he presently had 6 employees over the
age of 60 working the streets, which is not a good
situation for Police Officers at this age. He said the
regular Pension is very poor and, because of this, these
Officers could not retire.
Chief McIntosh said Police Officers receive 2% Pension at
retirement and the Firefighters were receiving 3% Pension
at retirement which is causing a problem with the Police
Officers. He said the Police Union is very upset with
this inequity and want to negotiate these matters.
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City Manager Kelly said he would be meeting with the
Union Representatives to discuss their concerns; however,
he wanted the City Council to be aware that the
difference of the 2% to 3% Pension in the Departments are
determined by the circumstances in each Department. He
said the Police Department is very large with older, less
healthy individuals and the salaries are higher than the
Fire Department. He said the Fire Department is a small
Department, with younger, healthier individuals and the
salaries are lower than the Police Department.
City Manager Kelly said a physical standard program is
being discussed for the Police Department. He said the
issue regarding 75% disability would have to be reviewed
because it is becoming too attractive to the employees in
these Departments. He said after his discussions with
the Unions, he would report back to the City Council
about those discussions.
Mayor Abramowitz asked if the money being given to the
employees for Disability Pension is coming from the City
Pension Fund and Chief McIntosh replied, yes.
Mayor Abramowitz asked why the Unions were upset and
Chief McIntosh said the Unions were upset about the Fire--
fighters receiving 3% Pension when they were getting a 2%
Pension.
Mayor Abramowitz asked if the employees were upset
because employees are retiring on disability at 75% which
invaded the employees contributions and well as the
City's and Chief McIntosh said the employees should be
upset; however, he would rather have the Union discuss
this matter. He said when the Pension Fund expires, the
City will have to pay the costs.
City Manager Kelly said there will be a Financial
Workshop on Monday, April 4, 1988 at 10:00 A.M. and this
matter would be discussed then. He said he would ask the
Pension Board to attend this meeting to answer the City
Council's concerns.
Mayor Abramowitz asked when the Police Contract would be
up for negotiations and Chief McIntosh replied, September
of this year; however, the Pension Plan did not pertain
to the Police and Fire contracts.
Mayor Abramowitz asked if the Pension Plan is being
negotiated and Chief McIntosh said the Personnel Director
felt that the Pension Plan should be negotiated; however,
some of the employees in the Plan are not in the Police
and Fire Unions.
Mayor Abramowitz asked City Manager Kelly if the Pension
Plan could be negotiated and City Manager Kelly said the
City had a Pension Board and the members of that Board
are representing the Unions.
V/M Stelzer said the Pension Board has tried for several
years to get parity between the Police and Fire
Departments and the Plan had been proposed that both the
Police Officers and the Firefighters receive 3% Pension;
however, when the budget discussions began, the Police
Officers' 3% was decreased to 2% because of the cost
involved.
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V/M Stelzer said the Pension Plan is discussed by the
Pension Board members and proposed to the City Council
for approval.
Mayor Abramowitz asked if the members of the Pension
Board were the only people negotiating these matters and
V/M Stelzer replied, yes. He said the Board members were
representatives of the Unions.
Mayor Abramowitz asked if the City Council could input
their concerns to the Pension Board and V/M Stelzer said
the Councilmembers have never involved themselves with
the Board. Mayor Abramowitz asked why and V/M Stelzer
said he did not know why.
Mayor Abramowitz said he would like the City Council to
become more involved with the Pension Board through the
Council's representative, which is V/M Stelzer.
C/M Bender said he is very frightened of what is
happening with the Pension Disability problems. He said
he would like to see a projection of the experience of
the program and find solutions to these problems before
the Pension Fund and the City run out of money.
Chief McIntosh said Pension Disability is a big problem
and is getting worse. He said Pension Disability and the
3% Pension are two different matters and the concerns at
this time should be directed to the Disability Pension
because of its increasing problems at 75%.
V/M Stelzer suggested that this matter be discussed at
the Financial Workshop.
Mayor Abramowitz said he wanted a projection report, in
detail, submitted to the City Council for their review.
He said the report should include whether a projection
report was given regarding the Plan before it was
approved and if the City Council was informed of what may
occur in the future years.
V/M Stelzer said it is very hard to project how many
employees would be applying for disability.
Mayor Abramowitz asked if the disability employees were
reviewed yearly and V/M Stelzer replied, yes. He said
the Police Officers and Firefighters have to be able to
pass the recertification requirements.
C/M Hoffman said he remembers the presentation given
regarding the disability pension and the 75% Disability
Pension had not been discussed as far as projection. He
said the concern presented to the City Council had been
that the Police Officers and Firefighters risked their
lives for the City; therefore, they should be able to
collect 75% Disability Pension for their family. He said
the problems with the Plan were not discussed with the
City Council.
C/M Hoffman said the City Council is not informed
properly about detailed matters. He said the City
Councilmembers are not Administrators; therefore,
decisions had to be made by the City Council on the
information given to them by the City staff. He said the
City Council should begin to get adequate information
before they approve these matters.
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Mayor Abramowitz suggested City Manager Kelly get more
information from the Department Heads before bringing
matters to the City Council. He said as the Mayor and a
member of the Council, he did not want to approve an item
and find out later that he approved a matter he was not
totally aware of which resulted in harming the City.
C/M Hoffman said he is not finding fault with the City
Manager; however, he would like to see the City Manager
request more information from the Department Heads. City
Manager Kelly said the Plan was proposed and, at this
time, the City is reviewing the proposal's impact within
the last 6 months. He said even if the Plan had
projections, the City could not determine the outcome
without the experience.
C/M Hoffman said it is easy for the City to approve
matters; however, it is very difficult for the City to
rescind their approval. He said he would prefer to know
all of the facts before making important decisions.
7. POLICE STATION CONSTRUCTION
City Manager Kelly said the new Police Station would be
completed no later than January, 1989 and should be
operating within 90 days after the completion date. He
said he had the flow chart for the Station and he would
submit them for the City Council's review.
8. MANPOWER PROJECTIONS ANNEXATIONS
City Manager Kelly said he asked Chief McIntosh to report
on the manpower needed in the Police Department next year
regardless of whether the City annexed other areas. He
said assessments were determined based on the areas which
are anticipated as being annexed.
Chief McIntosh said a study had been done regarding three
areas. He said if and when the Sabal Palm Land Use is
annexed, the Police Department would need one additional
Police Zone which consisted of 5 additional employees.
Mayor Abramowitz asked if there is information regarding
the revenue from the parcel and City Manager Kelly said
he would provide that information to the City Council.
He said the City would gain revenue for that parcel.
9. C.B. PROGRAM
City Manager Kelly said the City has a C.B. Outfit which
functions out of the Public Works Department. He said he
had been concerned with the liability to the City and the
effectiveness of this C.B. Outfit and asked for reports
from the various Departments.
Chief McIntosh said the Police Department is not directly
involved with this C.B. Outfit; however, from February 6,
1988 to March 8, 1988, the C.B. Outfit responded to 6
C.B. calls for Police assistance. He said the C.B.
Outfit handles several other calls from other Cities as
well.
C/M Hoffman asked why the item is on the Agenda and City
Manager Kelly said the C.B. Outfit is looking for space
to operate because the Public Works Department is moving
into a new facility. He recommended that the C.B. Outfit
use a room at Fire Station #2.
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City Manager Kelly said the C.B. Outfit is an asset to
the City and Mayor Abramowitz asked if the C.B. Outfit
cost the City money. City Manager Kelly said the City
provided the space for the C.B. Outfit only and Mayor
Abramowitz asked if the City could get a liable suit
because of the C.B. Outfit.
City Attorney Doody said there is always a chance that an
attorney would attempt to involve the City in a case;
however, he felt that City could defend themselves
against this matter..
Mayor Abramowitz asked if the people involved in the C.B.
Outfit were Tamarac citizens and Chief McIntosh replied,
yes.
C/M Bender said this C.B. Outfit is an asset to the City
because they participate in emergency situations;
therefore, he would approve the C.B. Outfit being
accommodated because it is not costing the City money to
have the extra assurance.
V/M Stelzer said there were 16 people in the C.B. Outfit
and they were an asset to the City. He suggested this
C.B. Outfit be located at Fire Station #2.
10. ATV -ALL TERRAIN VEHICLES
City Attorney Doody said he submitted the proposed
Ordinance to the City Council and he has received
suggestions regarding the Amendments. He said he
understands how the City Council feels about this
Ordinance and he would draft an Amended Ordinance with
all of Council's concerns. He said once he drafts this
Amended Ordinance, he would submit it to the City
Councilmembers for their final review.
11. OTHER BUSINESS
C/M Hoffman said several months ago he requested that the
problems concerning swale parking be considered. He said
he would like to see an Ordinance created for these
problems especially for all night parking; however, the
Ordinance should reflect that there are areas in which
swale parking is allowed, such as, churches, synagogues,
etc. He said the City could issue permits to these
organizations who need to use swale parking.
C/M Hoffman said he is very concerned with the house
across the street from the City Hall. He said the house
consistently has limousines parking on the swales which
is an eyesore to the City.
Mayor Abramowitz said he has heard several complaints
about this house and Chief McIntosh said that particular
resident has not violated any laws; therefore,
enforcement can not take place.
City Manager Kelly said he and the Chief Building
Official have researched the problems with the house and
there is nothing in the Code that is being violated by
that homeowner.
City Attorney Doody said he would check the Code to see
if an Ordinance regarding swales existed and, if not, he
would draft an Ordinance and submit it to the City
Council for review.
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Mayor Abramowitz asked if there is an Ordinance that only
allows so many people in a home and City Attorney Doody
said the South Florida Building Code does not address the
issue of how many people can reside at one address.
Vickie Beech, resident, said she has seen the house with
the limousines working on cars, etc., for two years and,
at this time, there is a recreation vehicle parked in the
back yard.
Mayor Abramowitz said he has recently accepted the
responsibility of talking to those residents who have
complaints. He said City Manager Kelly used to handle
these matters; however, because of the amount of calls in
a day, City Manager Kelly's time was being limited to
handle other matters. He said he is taking the
complaints and directing those complaints to the
appropriate departments.
City Manager Kelly informed the City Council that the
project for the drainage on 76th Street has had problems
and, in order to correct the problems, it would cost
approximately $12,000.00 more. He said he authorized the
project to proceed and the Change Order for the project
will be submitted to the City Council at the next Regular
City Council meeting with the exact amount and
specifications of the terms and conditions for the
additional work.
With no further business, Mayor Abramowitz ADJOURNED this
meeting at 3:30 P.M.
W/111 wilmealmm';
"This public document was promulgated at a cost of $216.00 or $6.00Iper
copy to inform the general public, public officers and employees of
recent opinions and considerations of the City Council of the City of
Tamarac."
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