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.
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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."
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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.
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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.
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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.
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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.
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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.
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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.
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to be aware there was a
play against twelve
some transportation if
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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.
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