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NOTICE OF SPECIAL NEETING
CITY COUNCIT -
TAMARAC, FLORIDA
March 1, 1983
There will be a Special Meeting of the City Council on Thursday, March 3,
1983 at 7:00 P.M. in the Council Chambers of City Hall, 5811 NW 88 Ave.,
Tamarac, Florida.
The purpose of the meeting is discussion and possible action on a Resolution
regarding low interest rate multi -family housing revenue bonds.
The public is invited to attend.
�-2, " � 2
Carol A. Evans
Assistant City Clerk
;,!.-suant to Chapter 80-105 of Florida Law, Senate Bill No. 368:
if a person decides to appeal any decision made by the City
Council with respect to any matter considered at such meeting or
hearing, he will need a record the proceedings and for such
purpose, he may need to ensure that a verbatim record includes
the testimony and evidence upon which the appeal is to be based.
CITY OF TAMARAC, FLORIDA
CITY COUNCIL SPECIAL MEETIN
March 3, 1983
TAPE #1 CALL TO ORDER: Mayor Walter W. Falck called the Special Meeting to
er on Thursday, March 3, 1983, at 7:00 P.M. in the Council
Chambers at City Hall. mayor Falck read the notice of the meeting
into the record indicating the purpose of this meeting was to dis-
cuss and possible action on a Resolution regarding low interest
rate multi -family housing revenue bonds.
ROLL CALL: PRESENT: Mayor Walter W. Falck
Vice Mayor Helen Massaro
Councilman Irving M. Disraelly
Councilman Philip B. Kravitz
Councilman David E. Krantz
ALSO PRESENT:
City Manager Laura Z. Stuurmans
City Attorney Jon M. Henning
City Clerk Marilyn Bertholf
Secretary Sally Spiegel
1. Low Interest Rate Multi -Family Housin2 Revenue Bonds - Temp.
Reso. #2626 - Discussion and possible action.
SYNOPSIS OF ACTION:
APPROVED subject to
amendments.
RESOLUTION NO. R-& -Yf_PASSED.
Mayor Falck said the Broward County Commission will hold a public
hearing on Tuesday, March 8, 1983, at 10:00 a.m., at the County
Courthouse on Low -Cost Financing of Rental Housing Units, and
expects some expression from the City of Tamarac prior to that
hearing. Mayor Falck further stated that members of Council are
aware of the citizens1concern regarding this matter and therefore
notice of this meeting was provided in accordance with the City
Code and is a legally constituted meeting.
Mr. Henning, City Attorney, said he sent correspondence to the County
Commission, with a copy to Mr. Tralins of Tralins & Potash, regarding the
City's concern for postponement to a later County Commission meet-
ing. However, Mr. Henning learned today that it would not be
possible due to the determination of certain deadlines by the
County Commission prior to March 8. Mr. Henning read three letters
into the record from the law firm of Tralins and Potash:
February 22, 1983 to Mayor Falck and Council; February 28, 1983 to
Jon Henning and March 2, 1983 to Mayor Falck and Council. (Letters
are on file in the City Clerk's office).
Mr. Henning said he spoke to Mr. Tralins after Mayor Falck had
initiated the procedure for tonight's meeting, acknowledging the
12-hour notice of meeting requirement. He said that based on the
circumstances and the schedules of the County Commission, the
Mayor considered the special circumstances and called this I .
Meeting to accommodate the needs of Council and the community.
C/M Krantz asked the City Attorney to explain the meaning of "ultra
vires acts" which appeared in Mr. Tralins' letter to Mayor and
Council. Mr. Henning said that it meant they were acts which were
outside the scope or authority of the official or agent who is
doing them; a legal term that refers to doing acts with no
authority. Vice Mayor Massaro said she read the Resolution
which Mr. Henning prepared, and is in agreement.
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Mayor Falck said he would call on people from the audience after
Council had made their comments. He asked Mr. Henning to read
the Resolution into the record, which he did. -
C/M Disraelly said that on Page 1 of the Resolution, an addition-
al "Whereas" was to be added: "At a public meeting and by many
letters and phone calls, residents of areas throughout the City
have expressed deep concern." Also, he said to add a new Section
4: "That the County Commission should consider the appeals of the
citizens of Tamarac." C/M Kravitz said he was in accord with the
Resolution and would like to Move the Adoption of Temp. Reso.
#2626. Mayor Falck reminded C/M Kravitz that he was the one who
asked that the public speak before any action was passed on the
Resolution. C/M Kravitz made a Motion to Adopt Temp. Reso. #2626.
The motion died for lack of a Second.
Ed Gross, 6841 N.W. 81 Place, said he is a member of the Sunflower
Heathgate Association, and asked that Carolyn Mascolo, President
of the Sunflower Heathgate Association, speak first,in the
Association's behalf.
Bernie Hart, Chairman of Tamarac Presidents Council, said this
issue was the most important in the City today. He said Mr. Toll
was wrong in his accusation that it was a political issue and
was being opposed on racial grounds is malicious, reprehensi-
ble and false. Mr. Hart said he was not opposed to rental housing,
but the locating of them in areas of single family homes that are
predominately retirees or young people. He suggested rental hous-
ing be located in such areas as 441, Lauderhill, Oakland Park,
Lauderdale Lakes or Miramar. He asked whether the County can issue
low -interest guaranteed bonds for the building of a condominium.
Mr. Hart stipulated 20% of the apartments must be maintained for
families whose income does not exceed $18,000, and the rents would
range from $450 a month and up, whereas Mr. Toll's newspaper
advertisement stated the rental to be $385 per month, which is con-
tradictory. He said he would go to the County Commission's public
hearing and hoped the audience would do likewise. Mr. Hart also
asked for the Council's support by adopting and mailing the Resolu-
tion to County Commission, and Council's appearance at the public
hearing.
Carolyn Mascolo, President Heathgate-Sunflower Association, said
that school busing in her area affected their home values but they
have overcome that situation, and now they are faced with the
rental low-income housing project . She said she disagrees with
the Broward County Commission who claim that this type of housing is
sorely needed, especially in Tamarac. Mrs. Mascolo requested
Council to do everything in their power to have the County Commission
refuse this type of financing. She further stated that she did not
think the Resolution would accomplish this. Mrs. Mascolo said she
understood the County Commission is legally bound to give funds to
developers who submit approved plans from the City, and she asked
the City to discontinue this practice. She said the sign outside
Mr. Toll's construction site reads; "Mission Lakes, a rental
community." She then read, in part, from the contract on Page 3,
which Mr. Toll will sign with the Housing Development Authority,
which states they will issue multi -family housing bonds, and for
10 years it must remain rental housing. She further stated that the
agreement calls for a low -interest bond to be given toward the
construction of a rental complex; however, the City of Tamarac ap-
proved site plans and permits for a condominium complex, which she
requested the City to rescind as they are not being used for the
purpose intended. Mrs. Mascolo requested Council to forward the
Resolution in person to Broward County Commission. She further
stated that Council knew about this project since November and gave
approval in January without bringing it before the public for dis-
cussion. She said that on February 9, she hand -delivered a letter
to Council, requesting a Special Meeting, which was denied; and she
was denied again on February 23.
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ion Henning questioned Mrs. Mascolo as to the January approval that
she referred to. She said it was a letter from the Mayor on Janu-
ary 26, 1983, to Mr. Ray Popkin, Director of Housing & Finance
Authority,regarding rental housing, which she read into the record:
III very much appreciate your letter of January 20 on the above sub
ject. I am sure there is no problem with the Gene Toll Development,
mission Lakes. Mr. Toll does not need site plan approval."
Mr. Henning said the site plan approval was in 1980; Council review-
ed it and approval was given based on the representations made. He
said Mrs. Mascolo was asking the City Council to rescind the approv-
al which was given 3 years ago. He further said that Mr. Tralins
and the General Counsel office told him they too had been informed
that the plan was for the building to be developed as a condominiumt
and that Toll Development Corporation will be the sole owner of all
the units, renting to the public for 10 years, and at the con-
clusion of the commitment, it will be sold to individual unit owners.
TAPE #2 Mr. Henning said the documents that were referred to are condominium
documents. They were filed in 1980 and are on record in Broward
County, and approved by the State. He further stated that as long
as it was going to be built under these condominium documents, he
has reviewed it and sees no conflict on what's being done. Toll
Development is going ahead with their condominium.
Carolyn Mascolo asked whether it would be an adult condominium.
Mr. Henning replied, no -- children are not restricted. She said
she was concerned about the impact it would have on parking.
Mr. Henning said it was bein - g developed with approval beinq made
on a 1980 parking ordinance, and the city is in the process of
addressing the parking requirements for all housinq to the Planning
Commission.
The City Attorney told Mrs. Mascolo that Mr. Toll is entitled to
the funding to build this complex under condominium documents, as
long as he agrees to rent the apartments for 10 years.
Jack Robinson said the Resolution should be adopted and sent to the
Broward County Commission. He said they have supported Council
in the past, and expect Council to support them in return.
Bernie Hart said any condominium owner has the right to rent his
apartments subject to the by-laws of that condominium, but it still
remains a condominium. Therefore, if Mr. Toll buys all those
apartments, he is a condominium owner, not a rental project. There-
fore, he asked whether the County had authority to issue bonds for
a condominium project, not a rental project. The City Attorney
said the County is only approving it, and it is a Federal issuance
along with the Federal Savings & Loan institutions who are issuing
bonds, and not necessarily County money. The Federal register out-
lines the requirements which states that entire building(s) be
offered for rent. Mr. Henning said one of the restrictions is that
the leases be no less than 30 days; can't be used for dormitory or
transients.
Sid Wortman of Lime Bay asked why the City Council approved the
site plan when they knew in 1980 that the condominiums could be
used as rentals. Mr. Henning said the financing rules by the
Federal Government were made on October 15, 1982, and the Council
is governed by them.
Irving Lopatey,of 9150 Lime Bay Blvd., asked Mr. Henning how can
30 day leases be considered non -transient, as in Lime Bay the
State regulations make it impossible to make corrections for unit
owners' benefit, having no legal restrictions on renting, are
faced with short-term rentals of 3-4 months.
Mr. Henning said that none of the dwelling units in the development
would be used for transient purposes such as hotel, dormitory, rest
home, etc. Mission Lakes document restrictions state in Article
14 on Page 15: "Only entire units may be leased. No rooms may
be rented separately for periods less than 90 consecutive
days. Units which are leased may be occupied only by the leasee
and his family, servants and guests."
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Mr.Lopatey said clauses can be found in the documents which permit
the developer to grant permission to a leasee to have pets, and
then restrictions are imposed when the developer sells.
Judy Camel of Heathgate-Sunflower said she felt a condominium is
joint ownership and if mission Lakes is owned solely by Mr. Toll,
it cannot be termed a condominium. She asked the meaning of the
word condominium. Mr. Henning explained that a condominium can be
sliced up in many pieces, and, in this case, Mr. Toll owns all the
slices.
Ray Munitz asked the City Council to withdraw their approval of the
site plan since the developer was not doing what the plans intended
him to do. Mr. Henning said that, legally, the developer was doing
what he said within the bounds of the rules.
Lillian Merle of Westwood 17 asked who were the signers of the con-
tract for Toll and City of Tamarac in 1980.
V/M Massaro said that at practically every Council Meeting, a site
plan comes through for a condominium, and Council has no way of
knowing that they might convert to a rental. Mr. Kravitz offered
the names of those people who were on the Council who signed for
the condominium in 1980: Mayor Falck, V/M Massaro, C/M Disraelly,
C/W Kelch and C/M Zemel.
V/M Massaro said that when someone comes in with a site plan which
meets the laws and Code requirements, Council must approve it. She
said there was no low-income financing at that time and came to
Council's attention only a few months ago. She said she appeared
at the County Commission; had 61 Street stopped; had the people who
own it, fly in from Houston and withdraw their application. Like-
wise, Mr. Little had his application for low-income housing with-
drawn. However, she was unsuccessful in her attempt to have
this project w - ithdra - wn. She further stated that C/X.Di.sraelly..
appeared twice before the County Commission to request a
tabling action in an attempt to get them to withdraw their approval
for compliance, V/M Massaro said that the site plan was approved
legally as a condominium. In addition, she said, the City Council
knew nothing about the rental provision until a month ago, by a
letter received by Mayor Falck dated January 26.
C/M Disraelly said he had a newspaper clipping dated January 3,
referring to new loan programs, listing such places as Oakland Park,
441 north of Commercial, Hillsboro Blvd., N.W. 88 Avenue & 61 Street
'(which has been withdrawn by Mr. Wasserman), McNab & N.W. 70 Street
(which has been withdrawn by Mr. Little), and Coral Springs Apart-
ments on University Drive. He further mentioned another article in
the newspaper of February 6, regarding Southgate Boulevard; and on
February 8 he said he appeared before the County Commission and
brought with him the application, which was made out by Gene Toll,
dated January 10, 1980, telling the County Commission that this
application was for a condominium, and if it was to be changed to
rental, he thought a new application should come in, and until such
time, it would remain a condominium. He said the County Commission
then said they would hold it up for 2 weeks (March 22). They
tabled it to March 1 and subsequently to March 8. At City Council
meeting of February 23, motion was made for agendizing, and
C/M Disraelly seconded it. He said that both the City Attorney and
the Mayor ruled that since it was still a condominium, and the docu-
ments still.referred to a condominium, there was nothing more to be
discussed because it was not before Council as a rental, but as a
condominium.
Barbara Clarey of 68 Street said that C/M Disraelly was not the one
who got the postponement. Mr. Toll called Mr. Popkin before the
meeting. She asked since Council knew of this situation a month
ago, why were they not permitted to speak at the last Council Meet-
ing. Mr. Henning answered saying they had a pre -agenda meeting at
which it was agreed to be discussed at the next Council Meeting on
March 9. There was no notice for a prior meeting, unlike tonight's,
which met the legal charter requirements, and also to give Mr.Toll
and Mr. Tralins notice as they did for tonight's meeting. Ms. Clarey
said that if low -rental people come in, senior citizens will not be
protected and more police protection will be needed, which will
cost more tax dollars.
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TAPE #3 Anne Zimmerman of 8203 N.W. 73 Terrace said, for the record, she
would like a copy of the transcripts pertaining to this issue from
its inception, so she can investigate all the facts. Mayor Falck
said she can purchase copies. C/M Disraelly said that if she
wanted verbatim transcripts, she can hire someone to type them,
as the City does not have verbatims, or she can listen to the tapes
at no charge.
V/M Massaro said there is a rental going up on 441 called Lakeside
and suggested pointing this out to Broward County Commission that
there is no need for additional rentals. She suggested this be
put into the Resolution for the Commission's attention.
Mr. Henning said the addition be put in before the last "whereas"
clause is:"There is no need in the City of Tamarac for any additional
rental housing as a rental project has already been approved at
State Road 7, north of Commercial."
C/M Disraelly MOVED the Adoption of the Resolution as amended,
with two additional "whereas's" on Page 1, and new Section 4 on Page
2, that the County Commission should consider appeals of the
citizens of Tamarac, copies to go to all members of the Broward
County Commission and to the County Administrator. C/M Krantz
SECONDED the Motion.
VOTE:
ALL VOTED AYE
The meeting was adjourned at 9:47 P.M.
CITY CLERK
MAYOR
This public document was promulgated
at a cost of $ a,�j or $ 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.
5 3/3/83
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T t NAN
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�[y Clerk