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HomeMy WebLinkAbout1984-05-30 - City Commission Workshop Meeting Minutes5811 NORTHWEST 88TFI AVENUE TAMARAC, FLORIDA 33321 TELEPHONE (305) 722-5900 May 16, 1984 NOTICE OF WORKSHOP MEETING CITY COUNCIL OF TAMARAC, FLORIDA There will be a City Council Workshop Meeting on Wednesday, May 30, 1984, at 10:00 A.M. in the Council Chambers of City Hall, 5811 N.W. 88 Avenue, Tamarac. The purpose of this Workshop Meeting is to discuss a request to establish a special taxing district in the Woodlands in connection with a security program. The Public is encouraged to attend. Carol A. Evans Assistant City Clerk Pursuant to Section 286.0105, Florida Statutes If a person decides to appeal any decision made by the city Council with resper,.t to any matter considered at such meeting or hearing, he will need a record of the prazeet.Ir3gs z,rid €w SUch purpose, he may need to ensure that a verbatim record Mciudes the testimony and evidence upon which the ,appeal is to be based. PWCf OF 140NDL9CRT MTMN ON BASIS OF HANDICAFM STATES AN SWAL OPPOKYL= DFID R Tape 1 CITY OF TAMARAC, FLORIDA CITY COUNCIL WORKSHOP MEETING May 30, 1984 CALL TO ORDER: Mayor Philip B. Kravitz called the meeting to order on Wednesday, May 30, 1984, at 10:00 A.M., in the Council Chambers at City Hall. ROLL CALL: PRESENT: Mayor Philip B. Kravitz Vice Mayor Sydney M. Stein Councilman Jack Stelzer Councilman Raymond J. Munitz Councilman John J. Dunne ALSO PRESENT: Laura Z. Stuurmans, City Manager Jon M. Henning, City Attorney Carol Thrasher, Secretary Mayor Kravitz read the Notice of the Workshop Meeting into the record stating that the purpose of this meeting was to discuss a request to establish a special taxing district in the Woodlands in connection with a security program. Mayor Kravitz called for a Moment of Silent Meditation followed by the Pledge of Allegiance. In preface to the meeting, Mayor Kravitz stated that he has received many letters from the Woodlanders advising that they felt this was the wrong time of the year to hold a Workshop because many people are away, and requesting postponement until October or November. He also has many letters both for and against the taxing district. Therefore, he called for this Workshop and added that a Workshop means that Council will not act at the conclusion of the meeting. Council is only seeking input as to those who are for it and their reasons, and to those who are against it and their reasons and Council may hold another Workshop in October of November. Council wants to hear from the public why Council should or should not approve a referendum at which the ultimate decision will be made by the voters at the ballot. Discussion will include the phase of legality, whether the residents want the special district and what the main part of that security will be. He advised that these discussions are in response to the requests from the Woodlanders. Mayor Kravitz announced that those giving legal opinions will be given up to ten minutes and added that those speakers would be Mr. Platt who is Attorney for the Woodlands, and Mr. Brower on the opposing side. In addition, five people have asked to speak on one side and they will be given two minutes each; and the other side has only three speakers and they will be given three minutes each. He advised that that does not eliminate anyone from the audience who wishes to speak but each speaker will be limited to two minutes. `I- 5/30/84 /cmt Both Alan Bernstein and Leo Isaacson asked that their names be removed as speakers for the district; they preferred to speak as members of the public. Mayor. Kravitz stated that after removing those two names, both sides would be equal and each speaker would be given two minutes. Mayor Kravitz announced that he intended to close the meeting no later than 11:30 A.M. George Platt from the firm of Schwartz & Nash stated that he was representing the Woodlands Homeowners Association. He advised that there are 892 homes in the Woodlands Which have been subjected to numerous burglaries over the past years and even though the City has been above and beyond the call of duty in many instances in its concern for security in that particular area, there have been discussions for approximately two years about ways to enhance the security. He stated that they are gratified by Council's interest and concern and expressed the hope that some ways can be found to further protect the interests of the residents, who have suffered rather expensive losses, as the crime rate indicates over the years. He stated that unfortunately Woodlands does not have the good fortune that some of the newer communities have because today when a community is created there are declarations of restrictions which have security and accessment ability built into the private community. Now, as one sees new communities coming in, whether it be Kings Point or others, security is going to be in place, unlike the older communities that do not have this security protection. Mr.Platt advised that approximately two years ago he was asked to explore ways of improving the security for the residents. After much research and attempts to use the various associations and the Security Committee in the Woodlands, he stated that he reviewed taxing districts and the authority of the City. He added that the State has taken rather extensive measures to discourage the further proliferation of independent special taxing districts because there are over 1,000 in the State and it was getting out of control. Ile explained that such a special taxing district is a governmental entity unto itself with its own taxing authority, its own ad valorem rates. In the process, local governments were left with the authority and jurisdiction to create dependent special taxing districts. Mr. Platt stated that if means to improve the security of the Woodlanders were going to be made, the ultimate decision would have to be for the Council to create an Ordinance. Ile explained that such a district would not have any independent authority other than what was provided under the Ordinance; the City would set the millage and adopt the annual budget. However, he stated, the Ordinance could provide for a Board within the district to make policy on a day-to-day basis, with the ultimate policy and authority resting with the City. At this point Mr. Platt proposed going to a referendum of the regis- tered voters in the Woodlands which is Precinct 16J. In conclusion he stated that there has been some controversy and discussions as to whether or not this means is legal and he advised that under Florida Statutes Section 165.041(2) the district would be a product of the City whereby the ad valorem taxes can be used by the referendum. He suggested that Council and the City Attorney request a final opinion from the Attorney General, after which further concepts can be pursued. -2- 5/30/84 /cmt C/M Stelzer asked how many registered voters there were within those 892 homes and confirmed that residents who are not regis- tered will be excluded.by going to referendum even though their homes will be affected. Mr. Platt stated that the same is true for the Country Club, which is,the largest property owner in the Wood- lands and would benefit tremendously by the district. He added that that is the nature of the democracy in the State of Florida and unfortunately free -holder elections which previously allowed property holders to vote on this type of question have now been eliminated under Florida haw. C/M Munitz asked Mr.Platt what percentage was necessary for valid passage under condominium laws and Mr.Platt advised that the vote is bound by Florida laws being based on the number of actual voters. He added that a straw ballot determined that there was an over- whelming interest to pursue this subject. C/M Munitz asked if the nature of the item precluded more than just a mere majority and Mr.Platt replied no. Vice Mayor Stein stated that with a governing board as proposed, authority will be taken away from the City's Police Department which would result in having a City within a City and he felt that the Attorney General would object to this type of operation. Mr. Platt pointed out that this was only a suggestion and that the question of control is to be defined by the Ordinance which is to be established by the Council. He added that this idea stemmed from a concern of the Woodland Homeowners Board members that if it was going to be done, they wanted to have as much control as possible within the limitations of the law. Max Caplan, Chairman of the Security Program of Woodlands Homeowners Association, stated that the problem of security has been present for years and many plans have failed because of funding. He stated that while he was president of the Association, Mr. Platt's proposal appealed to him and they decided to try a nonbinding straw ballot, which included two questions to residents: (1) Are you in favor of private security patrols; and (2) Are you in favor of the dependent special taxing district as a means of funding. Mr. Caplan reported the following final count on these questions: (1) Yes - 383; No - 162; (2) Yes - 344; No - 193. He added that he considered this to be a mandate of the concensus of those Woodlanders who voted. He stated that the Board of Directors concerned itself with these results and voted overwhelmingly to give the Security Chairman the power to proceed with the security program as outlined. He advised that a petition with about 400 signatures has been filed with the Mayor. Tn conclusion, Mr. Caplan advised that on the basis of the foregoing the Security Committee felt that it had a mandate to proceed with the referendum for the voters to have the ultimate say. Dr. Julius Barsham stated that he was asked to present the organiza- tion and cost of a roving patrol. He advised that it was the feeling of the Security Committee that the maximum amount of efficiency could be effected by using a single patrol car around the clock with an additional car from 4:00 P.M. to Midnight and a third car from 6:00 P.M. to 2:00 A.M. He explained that this would cover the most dangerous hours of each day and the projected cost is $149,467 for 1985. This computes to $161.59, or $13.47 per month per family in the Woodlands and with ad valorem taxation, it will vary from one family to the other. -3- 5/30/84 /cmt C/M Munitz advised that the City Clerk's Office records 1,409 registered voters in the Woodlands, which means that based on Mr. Caplan's figures that is roughly 38% of the voters on the straw ballot. C/M Munitz stated that he does not consider this to be a mandate. Mr. Caplan replied that votes can only be counted from those who vote and advised that of the votes returned the results were overwhelmingly 3 to 1. He added that this ballot was distributed one to a household, not considering how many voters lived in the home. Oscar Brower stated that he would be discussing the legal matter, not the security matter on this subject. He advised that there is not an overwhelming majority in favor of the legality of the proposal and he is speaking for those people. Mr. Brower referred to Mr. Platt's memo wherein it discusses a special dependent taxing district to provide supplemental police protection in a City that has a fully financed and fully developed Police Department. Mr. Brower stated that this is a very novel idea as no such district has ever been contemplated by any of the documents listed in the memo and for which he has not been able to find any legislative or judicial authority. Mr. Brower cited the attempt in 1975-76 by the City of Sunrise to set up a special taxing district for certain recreational facilities for which they had to get comprehensive legislation. He stated that Section 125.01(g) quoted on page 2 of Mr. Platt's memo applies to counties, not cities; and advised that this authority cannot be automatically transferred to a municipality. He quoted a portion of a resume of the Attorney General's opinion dated June 29, 1978, regarding another instance in another City, that a municipality may not create by Ordinance a special district pursuant to the provisions of Section 165.041(2) and convey the power to levy ad valorem taxes within that district. City Attorney Henning asked that Mr. Brower place the number of that memo into the record and Mr. Brower advised that it was Number 078-92 dated June 29, 1978, Annual Report of the Attorney General. Mr. Brower continued that Mr. Platt referred to this section of Florida Statutes as the authority for creating this district. He added that page 5 stated that the creation of such a district was compatible with the City Code as provided for in Section 6.09; yet sub -section (d) of Section 6.09, as summarized by Mr. Brower, among other things, specifically excludes the authorizing or repealing the levy of taxes. In conclusion, Mr. Brower advised that there are no legal or legis- lative precedents for this proposed special taxing district and advised that the City should be 100% sure of the legal basis for the district and that the taxes levied are legal or they may find that the City is liable for the return of any taxes collected plus interest. Mr. Brower stated that he agreed with Mr. Platt's request that the only way to resolve this matter is by the opinion of the Attorney General. Mayor Kravitz requested that the City Attorney furnish the Mayor and Council any memos in connection with the legality as presented by both speakers. Mary Lawson disagreed with Mr. Platt's memo that the majority of the Woodlanders have expressed an approval of the special taxing district. She said that none of the questions on the questionnaire elicited a yes vote fromis majo.rity 6f;the 892 Woodlands families. She added that the no votes and the abstentions were in the majority. She stated that at the time the questionnaire was distributed they were promised that the matter would be dropped if there were not a majority vote; and that promise was not kept. She stated that the -4- 5/30/84 / cm t questionnaire itself was invalid for its questions were vague and misleading. At the Homeowners meeting where the results of the questionnaire was announced, several residents asked that the results be ruled null and void and that a new properly drawn questionnaire be distributed. She advised that those in charge of the meeting said that would be done, and it has not. Ms. Lawson advised that the show of hands in response to the question of who is for security, was used as an indication of an over- whelming desire for a district and she feels this is outrageous. She stated that a taxing district is undesirable for a long list of reasons and added that for one thing, it gives the minority of the Woodlanders the power to tax all Woodlanders. Ms. Lawson stated that it was pointed out at the last Homeowners meeting that the Club would contribute to the cost of such a district and she asked if those members of the Club who do not live in the district would be assessed and if those members of the Club who do live in the district would be assessed twice. Ms. Lawson concluded that there are many unanswered questions and she sees no precedent for the proposal. C/M Munitz asked what the third question on the questionnaire was and Mr. Caplan replied that it was whether the residents were in favor of erecting walls and fences. He added that this idea was discarded to go with patrol cars. Marvin Hughes addressed the concept of the district board to supervise a supplemental police force and stated that this is rather frightening. He questioned the expertise that can be brought to this type of governing body without the assistance of the City. Tape He questioned details regarding the development of the program, 2 the definition of the operation of the program, administrative costs, salaries, legal fees, insurance, and liability; and assumed that all of these details will be addressed at some point in time and can be worked out. He stated however that today there is not enough information to ask the City for a special taxing district. Mr. Hughes commented that Mr. Platt assured that there would be a high degree of accountability and Mr. Hughes asked who would be accountable, for what they would be accountable and to whom. He agreed with the figures provided by Dr. Barsham regarding the cost of the program but suggested that the entire project is based on the fallacy that there is a crime wave in the Woodlands and the City. Mr. Hughes stated that the City of Tamarac has the lowest crime rate and the highest rate of solving crimes in the County. He concluded that it is time that the City stopped being manipulated by the purveyors of hysteria. Muriel London advised that the Homeowners Association officers were trying to give the impression that they represent the vast majority of the Woodlanders in this issue and that they have a mandate to establish an independent taxing district. She disagreed with this and added that many Woodlanders were opposed. She said that the ballots were as a result of a scare mailing which threatened that if the residents did not vote yes their very lives would be in danger and that'.the mailing implied a complete security package including high walls, sentries, closed entrances, around -the -clock patrol cars; all for a few dollars per family. She referred to last danuary's Workshop Meeting when the votes were counted and advised that counting votes under false pretenses was pointed out to the officers and it was suggested that the votes be returned and a new vote be taken properly. She advised that this has not been done and these votes are now being used to give Council a false impression. 5/30/84 /cmt Ms. London stated that she was so appalled by the tactics being used by the Homeowners officers that she requested to address their Executive Board, at which time she agreed with them that everyone is for security but that the Woodlanders were entitled to a defini- tion of terms on the security package with regards to the following: (1) She questioned whether the Community was dangerous and advised that Captain Roche informed her that it is the safest and most heavily patrolled in Tamarac; (2) What programs would be offered, how much it would cost and if the program would make the Community sufficiently safer to warrant those costs. She stated that Captain Roche has advised that patrol cars alone would not do much to ep_hance the safety of the Community. Ms. London advised that it has been several months since asking for this definition and it has not yet been received and the officers are still using the votes based on scare copy and undefined terms to prove that they have a mandate. She concluded that all residents are in favor of security but not for establishing an independent taxing district that may not be necessary. She urged restraint by the Council in waiting for that definition and for a time when all Woodlanders are here. Susan Kenton pointeO out that several '.-.undred of the 892 owners are those who live up north and she questioned how there could be a majority when hundreds of people are not permitted to vote. She also questioned whether or not this tax would be based on a propor- tionment to the value of their homes, which could result in the second class citizens paying for the protection of the affluent. Vickie Beech asked how much of the City's millage rate is being used and if this district is established, will the City have to give part of that rate for the special district. She also questioned who would bear the administrative cost for the operation of the district and if sooner or later the City taxpayers would be responsible for this. Mayor Kravitz advised that all costs would be charged to the area and the City Attorney confirmed that all costs that can be identified will be built into the millage budget. Vice Mayor Stein clarified Ms. Beech's question to be whether or not the district would affect the City's legal, maximum millage rate. City Attorney Henning stated that it was his understanding that this would not detract from the City's millage rate and that the Woodlanders would pay their taxes in the same way as other City residents and have an additional tax billed only to that neighborhood. Vice Mayor Stein asked if the City reaches its maximum millage allowable by law, can the City send out this additional millage and Mr. Platt replied that Section 200.011(8)(d) of the Florida Statutes states that dependent districts are added to the rates of the governing body and shall not exceed the maximum millage applicable to that body. Mr. Platt suggested that Council include a maximum cap within the referendum at the time of discussions for approval of the District. Leo Isaacson stated that the Legal Committee of the Woodlands Home- owners Association recognized that both Mr. Platt and Mr. Brower have agreed that the opinion of the Attorney General should be obtained so that the question of legality may be settled. He agreed that the original questionnaire was ambiguous and he so stated at the Homeowners' meeting; however the majority of the people, both in response to the questionnaire and at that meeting, have indicated a fear that Woodlands does not have a sufficient protection plan. He stated that this program is meant to augment the protection given by the City's Police Department. -6- 5/30/84 /cmt Alan Bernstein stated that the crucial vote on the adoption of the referendum would be taken at the time of the year when the majority of the Woodlanders are here and then all would have a chance to vote. He advised that the Woodlanders want more security but they don't want it at the expense of anyone else; they are willing to pay for it. He expressed that the referendum will provide for the will of the people and added that all the Woodlanders are asking for is the right to vote in a referendum in a democratic fashion. Mac Lessor stated that he finds it hard to believe that this proposition has gotten this far since both sides have agreed that the Attorney General should render an opinion and added that this has been an exercise in futility. Herbert Haber stated that the Police Department has informed him that most break-ins have occurred from the rear and the patrol discussed today will be patrolling the front. He added that this patrol will pass each house in the Woodlands about every two hours. Ile expressed that delegating the authority of the Police Department to a special district is illegal and immoral. He also questioned whether the City might not be opened to law suits by enabling this district to operate, and who would pay for the law fees if this happened. Richard Yadwin asked the following questions: (1) what kind of patrol would be used; (2) what would happen if one of these guards made a mistake and shot a resident; who would pay for the law suit; (3) would the program be part of the district's responsibility or the City's; (4) would the patrol have the capability for direct communication with the Police Department; (5) would the patrol be actively engaged in stopping crime or would they have to call the Police Department for action. Mr. Yadwin recommended that the City provide two additional police cars and a number of policeman super- vised by the Chief of Police rather than this type of program. He added that security would then be properly handled in a professional manner and could be charged to the taxing district. Walter Rekuc stated that the selection of four members of the Wood- lands Homeowners Association to a district board would leave the non-members without representation, which is a direct violation of the Constitution under taxation without representation. He added that the Florida Legislature and the Broward County Efficiency Committee are in the process of reducing the number of taxing districts and this proposal would be in direct conflict with State and County objectives. He concluded that there is no justification to create an island within the City and added that he wanted to see all City residents with the same protection, which is provided by the Police Force of this City. Lucille Weiner stated that she is in favor of complete security and asked if the road coming through on 54th Street would be covered. Lillian Feldman, President of the Woodlands Homeowners Association, stated that the undignified manner of handling this project was unfair to those who worked so diligently on the project. She agreed that everyone wants security and expressed her hope that everyone could work together at future workshops to resolve the problem instead of fighting among themselves. Murray Weiner stated that he resented Ms. Feldman's statements regarding the way the subject was being handled. He questioned 7- 5/30/84 /cmt whether a non -binding straw ballot could be used as a mandate of the voters and pointed out that the ballot did include many non -voters. Councilman Stelzer stated that Woodlands does not have a high crime rate and added that the highest rate in the City was in the Heathgate-Sunflower area and the areas north of Commercial Boulevard. He speculated that if this taxing district were approved for the Woodlands, other areas would be coming in for the same approval. He questioned the method of voting and stated that each homeowner should have the right to vote, which could be permitted by a change of the deed restrictions. George Platt agreed with C/M Stelzer's point but stated that regret- tably when the earlier sections of the Woodlands was developed, there were no provisions for amendment to the declarations. He added that when Leadership took over provisions were added to allow such amend- ments. As a result, the Woodlanders were left with 7 sets of restrictions, none of which have an amendment provision and technically the only way to amend them is to go to Court. He advised that the over-riding interest would be that every homeowner should participate because they would have a vital interest in the outcome but the declaration and the law constrain such free -holder elections. Ile suggested that the City could effect a legal referendum and perform a non -binding straw ballot of Woodlanders homeowners for the City. Vice Mayor Stein advised that the provisions of the State Statutes call upon only electors to vote. He also suggested that it would have been more appropriate for Mr. Platt to have contacted the City Attorney and obtain the Attorney General's opinion prior to having a Council Workshop. He advised the Woodlanders that they were not unique in their request and referred to a similar request that he had made three years ago for Woodmont, at which time he was told emphatically that there was no way that it could be done. He stated that if such a district is approved for the Woodlands, then Woodmont would be the first area to request the same approval. He questioned how the City would feel about 2, 3 or 5 special taxing districts for police protection and added that overall this is what should be taken into consideration. C/M Munitz reminded the public that the Council represents the entire City of Tamarac and is concerned about the health, safety, and welfare of the residents of 6$ communities. He added that what happens in the Woodlands would have an effect on all other communities and suggested that this effect be considered when having further individual work- shops. Referring to the mandate, he stated that 25% of the registered voters voted yes, and he feels this could only be used as an indication of interest, not a mandate. He suggested that the areas to be con- sidered before going to a vote for such a district would be: (1) whether Tape the Woodlanders want this district; and (2) whether there is a need for 3 it and how would it be fulfilled. C/M Dunne stated that he represents the Woodlands but lives east of 441 and advised the Woodlanders that they get much more police pro- tection than the sections to the east. He believes that it is up to the Police Department to take this type of action. 91:11 5/30/84 /cmt Police Chief Joseph McIntosh advised that before establishing a plan there must first be a need and he fails to find a need for the plan being discussed today. He reported that for the entire City there were 153 residential burglaries in 1983 and according to State and National statistics, a City of this size is expected to have 500 burglaries. In the Woodlands there were 20 actual burglaries and 7 attempts for the 1983 year. Crime has been reduced in the City for four consecutive years and the City has had the lowest crime rate and the highest clearance rate for the past two years in the County. He questioned how much more the Police Department could do with the number of people that they. have. He feels that good coverage is provided and that the statistics are something to be proud of. He concluded that there is no crime wave in the City of Tamarac. Vickie Beech asked who orchestrated this discussion and Mayor Kravitz replied that it was being presented by the Woodland Home- owners Association Safety Committee. Max Caplan asked how anyone could get the information that the City or Woodlands Homeowners Association would not be insured or that the plan does not take in the contingency of bonding the City or the association. He advised that the contingency funding has pro- vided for this. Bea Rhodes advised that her home is one of 10 properties that have never been part of the Woodlands per se; they don't belong to Home- owners; but her home is on the major street and all of her neighbors are part of Woodlands. She said that before getting involved in this issue, she would like to know if she is part. of Woodlands. Mr. Isaacson responded that she was. Ms. Rhodes asked if she would be taxed accordingly assuming that this district is approved. C/M Munitz asked if she was a registered voter and Ms. Rhodes replied that she was. Mayor Kravitz asked that they wait for a legal ruling and additional workshops for questions of this type. Leonard Pollack asked if Council was going to vote prior to any further workshops and Mayor Kravitz stated that there will be no vote at the conclusion of this meeting. He advised that there will be other Workshops and the agenda will announce such, so that the public could attend and be heard. Elaine Yadwin asked if City police protection would be reduced in the Woodlands area if they have their own force. Mayor Kravitz advised that the entire City gets the same protection and stated that the Police Department knows what is best for the City and would act accordingly. Ms. Yadwin asked if this district were approved and then found in the future to be unsatisfactory, would there be a way to rescind it. Mr. Platt responded that if such a district were approved by Ordinance, the Ordinance would encompass a method of dissolving the action if it proved to be ineffective or not worthwhile. Harry Bernstein asked why everyone was so concerned about a straw ballot and ignoring the postal ballot where the majority of the residents voted no. �L 5/30/84 /cmt Mayor Kravitz assured the public that this is not the end of the subject and that Council would not be voting on the subject. He advised that the public would be given the opportunity to offer input at future Workshops. Mayor Kravitz closed the Workshop Meeting at 11:45 A.M. ASSI-STANT CITY CLftK This public document was promulgated at a cost of $153.04 or $4.25 per copy to inform the general public and public officers and employees about recent opinions are considerations by the Council of the City of Tamarac. -10-- 5/30/84 /cmt