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HomeMy WebLinkAbout1987-05-06 - City Commission Workshop Meeting MinutesE 5811 NORTHWEST 88TH AVENUE TAMARAC, FLORIDA 33321 TELEPHONE (305) 722-5900 MAIL REPLY TO: April 27, 1987 P.O. BOX 25010 TAMARAC. FLORIDA 33320 NOTICE OF CITY COUNCIL WORKSHOP MEETING TAMARAC, FLORIDA Please be advised that there will be a City Council Workshop Meeting on Wednesday, May 6, 1987 at 6:00 P.M. with the Code Enforcement Board in the Council Chambers of City Hall, 5811 NW 88 Avenue, Tamarac, Florida, The public is invited to attend. Er I fe I vm� 111i � �' , '� !iii - I � Patricia Marcurio Acting City Clerk cc: Code Enforcement Board members AN EQUAL OPPORTUNITY EMPLOYER POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS CITY OF TAMARAC CITY COUNCIL WORKSHOP MEETING WEDNESDAY, MAY 6, 1987 CALL TO ORDER: Mayor Hart called this Workshop Meeting to Order on Wednesday, May 6, 1987 at 6:00 P.M. in the Council Chambers. ROLL CALL: Mayor Bernard Hart Councilman Bruce Hoffman Councilman Henry M. Rohr Councilman Jack Stelzer ABSENT & EXCUSED: Vice Mayor Sydney M. Stein ALSO PRESENT: John P. Kelly, City Manager A. Bryant Applegate, City Attorney Christine Carskey, Prosecutor Yvonne E. Snyder, Secretary CODE ENFORCEMENT BOARD: Morris Glicksman, Chairman Mery Cohen Henry Schumann Harold Black Lawrence Schneider Louis Sohn ABSENT & EXCUSED: Barry Eden, Vice -Chairman Mayor Hart announced the purpose of this meeting was the fact that he was deeply distressed over the events which took place at the Code Enforcement Board Hearings on April 16, 1987. Mayor Hart said he had requested a verbatim copy of the minutes on the matter of Albert and Doris Herowitz, and, after reading those minutes, it appeared that certain members of the Board do not seem to be aware of the proper and legal purposes of that Board. Mayor Hart said the actions and statements made on that night could jeopardize the future value of the Code Enforcement Board. He said the Florida Statutes and the City Attorney have reiterated the fact that the conclusion of taking testimony of the Enforcement Board shall issue Findings of Fact as to the violations of the City Code, no other facts. Mayor Hart said it is not up to the Board to question the City Code or conduct of City Officers or Departments. Mayor Hart said if the Board does not agree with the citation issued, then it has the right of finding "Not Guilty", and dismissing the action. Mayor Hart then read a statement made to the Board Members by City Attorney Applegate at their first Board Meeting and he said if there was any member on the Board who could not function according to those rules, then he had the privilege of resigning from the Board and he owes that obligation to the City. Mayor Hart then reminded members of the Board that their only function is to determine whether or not a violation occurred based on the evidence presented. Mayor Hart read the following statement which was made by Mery Cohen: "Prior to this, have the Inspector go out and hand a violation to everybody and anybody who has a condition like this. If necessary, bring in the whole neighborhood. Let's bring everybody in who has violated this, if we pick on one, then let's pick on another." 1 5/6/87 \ Mayor Hart read the following statement which was made by Morris Glicksman: "Well, I'm not going to be hard on this item, legally you can tell us what to do, but it is not right. It is unfair and we are creating a very bad public relations in this City. This letter I wrote is an indication of that and I think that something should be done so that all the violators should be here at the same time because these people think that what they are doing and are Mayor Hart being made exceptions of, and I think it is wrong." said up until that meeting, the City had a Code Enforcement Board that everyone was proud of and comments had been made as to the efficiency of the Board. Mayor Hart also said he had made a tour of the Sunflower/Heathgate area and he was pleasantly surprised of the condition of the area at that time. He said it looked better than it ever had and it was due to the fact that so many Code violations had been issued which came before the Board. Mayor Hart said he also went to the address in question, and that no one would want that house in their area. He said it was a disgrace to any place in the City and that if one person is forced to clean up or be fined, then it will inspire others to do the same. Mayor Hart said the statements which were made at that hearing were not at the discretion of the Board. He said not only were members of Council upset, but the Code Enforcement Officers were on the verge of quitting. A. Bryant Applegate, City Attorney, said one of the first concerns of the Board was personal liability. He said the easiest way to be exposed to liability is failure to follow the advice of Counsel. Mr. Applegate said when a hearing comes before the Board, under State law, the Board is obligated to listen to the evidence, look at the Code, make Findings of Fact and Conclusions of Law and determine if the alleged violator is guilty or not guilty. Mr. Applegate said if there was a problem with the Code, it would be addressed by Staff. He said that Staff was not hired to be subjected to criticism, especially public criticism. He said it was up to Staff to present an adequate case and, if the members of the Board feel that they have not done so, then they could find "No Violation". Mr. Applegate also said that it was very easy to make comments on public record that will come back to haunt them. Mr. Applegate said members of the Board should follow the advice of Counsel and that if he is wrong, then he would be the one to suffer. John P. Kelly, City Manager, said he had great confidence in the people working for the Code Enforcement Board. He said they had been working with the people in the Sunflower/Heathgate area trying to revitalize the area and bring it back and he felt that great strides had been made regarding that issue. Mr. Kelly said they needed the help of the Code Enforcement Board to continue that. C/M Stelzer reminded Mr. Glicksman that he took an Oath of Office when he became Chairman of the Code Enforcement Board to uphold the laws of the City and the State. 2 5/6/87 C/M Hoffman said he had been very disturbed when he read the transcript of the minutes and he thought many of the members were very much out of line with some of their comments. He said the members of the Board should remember they were not there to write the laws, they were there to enforce them, and if there was any member of the Board who could not do that, then he suggested they resign from the Board. C/M Rohr asked if there had been any training or instructions given to the members of the Code Enforcement Board and Mr. Applegate replied there had been several Workshops. C/M Rohr said he also had been upset by the comments which were made but he felt in the future the members would conduct themselves in the manner which they should. Morris Glicksman, Chairman of the Code Enforcement Board, said he felt Council had gone to great lengths to explain what members had done wrong. Mr. Glicksman said members had never complained about the Code and they never said anything that was unconstitutional. He said what they were complaining about was the procedure in which the Code was being handled. Mr. Glicksman said they were so concerned about the way the Code was being handled that the month before, a letter was written to the City Manager explaining the situation and they never received a response. He said he felt the Board was being treated like furniture. He said based on the fact that the Board had been ignored, he and other members did get upset. Mr. Glicksman said he felt they did the proper thing in writing a letter when they had a problem, but the City Manager chose to ignore the feelings of the Board. Mr. Glicksman said members did not criticize the Code, only the prodedure in which it was being handled. He also said he did not insult the Code Enforcement Officers, only the way it was being done because the City needed at least four Inspectors. He said there was too much work for only two Inspectors to handle. City Manager John Kelly said he had received only one piece of correspondence from the Code Enforcement Board and it was dated August 26, 1986, and was relative to personal liability. He said he had received no other correspondence from the Board. Mayor Hart said how the enforcement of the Code was handled or how many Inspectors may be needed was not a function of the Board. He said according to the law, they are only to determine Findings of Fact and that is all. Mr. Glicksman then gave City Manager Kelly a copy of the letter which the Board had written. City Attorney Applegate said the Board had been proceeding along in a very proper fashion until the April meeting. He said it was not up to the Board to work with Staff, they are to hear the cases which Staff presents. He said the Board cannot direct the Code Enforcement Officers to target one particular area, it was their job to enforce the Code throughout the entire City. Mery Cohen, member of the Code Enforcement Board, said there were many areas in the City of Tamarac that badly need to be cleaned up. He said when he had the opportunity to serve on the Code Enforcement Board, he gladly accepted. He said he would like to see all areas in the City cleaned up. He said he felt the Code Enforcement Officers were doing a very good job, but he also felt they needed more help. Mr. Cohen said if the Board was guilty of doing anything, it was doing a decent job. r 3 5/6/87 . 1-1 1 C/M Hoffman said if the Building Department felt they needed more help, they would take that into consideration when the budget comes up. He said if members wanted to make recommendations to Council that was fine, but it should not be done at a public meeting. City Attorney Applegate said the members of the Board could attend the City Council Meetings and express their concerns during the Open Public Forum as citizens of the City of Tamarac. Mr. Applegate further praised the efforts of Staff and said they were doing a fine job. Mr. Glicksman said so far every case they have heard has been settled so apparently the Board was doing something right and has helped the City. He said he felt the Board had been very successful, but they had stepped out of line once. He said Council had made their feelings very clear to the members of the Board and in the future this would not happen and they would continue to do an excellent job. Mayor Hart said he agreed the Board had done an excellent job in the past. He said he wanted to make sure from this point on the members would go according to the law. Harold Black, member of the Code Enforcement Board, said he felt the members of the Board should be given a copy of the City Code. City Attorney Applegate said the members are given a copy of the section of the Code which has been violated on each particular case. There being no further discussion, meeting at 7:15 P.M. CAROL E. BARBUTO CITY CLERK Mayor Hart adjourned the This pudic document was promulgated at a cost of $54.90 or $1.53 per copy to inform the general public and public officers and employes about recent opinions and considerations by the City Council of the City of Tamarac. 4 5/6/87 �,� r • MAIL REPLY TO: P.O. BOX 25010 TAMARAC, FLORIDA 33320 5811 NORTHWEST 88TH AVENUE TAMARAC, FLORIDA 33321 TELEPHONE (305) 722-5900 April 27, 1987 NOTICE OF CITY COUNCIL WORKSHOP MEETING TAMARAC, FLORIDA Please be advised that there will be a City Council Workshop meeting on Wednesday, May 6, 1987, at 7:00 P.M. in the Council Chambers of City Hall, 5811 NW 88 Avenue, Tamarac, Florida. The purpose is a Joint Meeting with the Parks and Recreation Committee. Patricia Marcurio Acting City Clerk cc: Parks and Recreation Board members Mike Couzzo, Public Works Director Mimi Mannion, Parks and Recreation Director AN EQUAL OPPORTUNITY EMPLOYER POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS 14 CITY OF TAMARAC, FLORIDA SPECIAL WORKSHOP MEETING CITY COUNCIL WEDNESDAY, MAY 6, 1987 -CALL -TO ORDER: Mayor Hart called this Special Workshop Meeting to Order at 7:15 P.M. on Wednesday, May 6, 1987 in the Council Chambers at City Hall. Mayor Bernard Hart Councilman Henry M. Rohr Councilman Bruce Hoffman Councilman Jack Stelzer ABSENT & E • Vice Mayor Sydney M. Stein ALSQ PRESENT, John P. Kelly, City Manager Mike Couzzo, Director Public Works Mimi Mannion, Recreation Supervisor Yvonne E. Snyder, Secretary RECREATION BOAR,,,,Q Karen Dickerhoof, Chairwoman Eleanor Cohen Kevin Duffy Charles Perlmutter Nat Scolnick Peter Lamson Smith Irving Vitrofsky Ben Zuger Mayor Hart announced the purpose of this Workshop Meeting was to try to resolve some problems which were occurring at the Parks and Recreation Department. He said there seemed to be a conflict between the children and the senior citizens over the use of the building and he said they have to determine who can use the building and when. Mayor Hart said he received numerous complaints that there is nothing for the teens to do at the Recreation Center during the evening hours. He said another issue that needed to be resolved was who would be charged for the use of the building and who would not. He said these are some of the problems which need to be resolved before school is out. Irving Vitrofsky said when the dividers are installed in the building, some of the problems would be eliminated. Councilman Jack Stelzer said he had spoken to Bob Jahn, Chief Building Official, and Mike Couzzo, Public Works Director, and they were going to work on getting the dividers installed as soon as possible. Councilman Bruce Hoffman said he attended a meeting of the Parks and Recreation Board and, while there he went on a tour of the restrooms and the concession stand. He said the conditions were terrible and something needed to be done. Mike Couzzo, Public Works Director, said he had gotten together with the Building Department in regard to having the petitions installed. He said they are now in the process of preparing the bid documents to solicit bids. He said they would have to go before Council to have the funds transferred from the Parks and Recreation Impact Account into the Operating Account. He said they would have all the plans ready and would install the partitions after the Summer Recreation Program. 1 5/6/87 0 Mr. Couzzo said in regard to the condition of the restrooms, they have been repaired numerous times. He said they are going to install institutionalized fixtures in the near future to see if this would help cut down on the vandalism. He said those fixtures have been ordered. Mayor Hart said his feeling was that the Recreation Building should be used by the senior citizens during the daytime while the children are in school, but after school hours, the children should have the use of the building. Mr. Couzzo said he had reviewed that matter with the City Manager and they had determined that next season when school starts, the building will be used for adult programs until 2:30 P.M. He said from 3:00 P.M. on the children would have the use of the building. Mayor Hart asked if any evening programs were planned for the teenagers and Mr. Couzzo said it was the interest of the Staff to do those things, but it would require additional Staff to have night programs. Mimi Mannion, Recreation Supervisor, then discussed some of the programs which are being planned strictly for the teens. Mayor Hart said he thought it would be a good idea to have a couple of teens appointed to the Parks and Recreation Board for their input. Mayor Hart said regarding to the fees for the use of the building, he did not feel any of the children and youth functions should be charged unless they were money -making affairs. Irving Vitrofsky said the Summer Recreation Program was all set and ready to go, but they had not been able to advertise because the fees had not been set by Council as yet. Mr. Couzzo said he had to check with the City Attorney and see if the fee schedule had to go before Council again. He said the fees had been determined last year and he was not sure if it had to be approved again. Mr. Couzzo said they also had to go before Council to request a transfer of funds and, if it was not approved, the fees would be affected. John Kelly, City Manager, said a proposal had been made to make use of the 1.5 million dollars in the impact fees account. He said they are looking to build a gymnasium type multi --purpose center. He said the concern is the location and they are now looking at Tract 27 because there are 27 acres of land. He said Lennar owns 15 acres and they are presently negotiating with them to try to obtain the additional 15 acres for a total of 42 acres of land. He said they are also working with the School Board in regard to having a middle school on the site. Mayor Hart said they met with the School Board and showed them the plans of the Recreation Complex and they were very enthused. He said there was still much work and plans to be made. Eleanor Cohen asked if the school had a Summer Recreation Program and Mannie DeLaAguilera said they have a six week program, but there was nothing for the middle school age children. He said this was a problem because children that age only have the streets as a means of entertainment. Councilman Rohr suggested that some type of youth clubs be organized using the Recreation Building for their meetings. 2 5/6/87 1 1 r Mayor Hart Recreation Councilman there was Council is said that Council was open to any suggestions by the Board and those suggestions should go through Hoffman, who is the Liaison for that Board. He said a different image in the City now and the present interested in children. Ms. Mannion said a new program was designed for this year's Summer Recreation Program which was for the middle school aged children. She said the trips and programs were designed especially for that age group. Ben Zuger said there had been a program wherein they needed a piano and they had to borrow one. He asked if it would be possible to buy a piano for the Recreation Building. Mayor Hart said he had no objections to buying a used piano for the Recreation Center and he suggested the members go through the proper procedure and have the request brought before Council. Mr. Kelly said after the last senior dance he received numerous letters praising the band and requesting that these dances be continued as often as possible. Karen Dickerhoof, Chairman of the Parks and Recreation Board, then summarized the issues which had been discussed. She asked if there were any plans for the City to take over the "After School Program" next year, which is currently run by the YMCA. Mr. Couzzo said they are working on the feasibility of that. Ms. Dickerhoof asked if there were any plans to have playground equipment at the Recreation Center and Mr. Couzzo replied there was no room. Mayor Hart asked if the Recreation Building would be used for the seniors during the summer when school is out and Ms. Mannion replied that the building would be used by the children for the Summer Recreation Program. Ms. Dickerhoof asked what the plans were as far as the concession stand and Mr. Couzzo said he felt the concession stand could be remodeled, but they were discussing it administratively as to the relationship between the people who run it and the City. Mr. Couzzo said there were many concerns which had to be addressed before making a decision to upgrade the concession stand. Nat Scolnick expressed his concerns regarding the design of the building and said he felt it was built backwards. Herb Perlmutter said he would like Council senior citizens softball league and they different cities. He said they could use at all possible for the away games. 3 5/6/87 to be aware there was a play against twelve some transportation if r U Mannie DeLaAguilera said the scorekeeper booth at Tamarac park was made out of wood and has to be replaced every couple of years. He said he felt it should be made of a more permanent structure so it would not be a problem and expense year after year. Irving Vitrofsky asked if the lights were being installed at Tract 27 and Mr. Couzzo replied they were being worked on at the present time. There being no further discussion, Mayor Hart adjourned the meeting at 8:30 P.M. CAROL E. BARBUTO T CITY CLERK This public document was promulgated at a cost of $54.90 or $1.53 per copy to inform the general public and public officers and employees about recent opinions and considerations by the City Council of the City of Tamarac. 1 1 5/6/87