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HomeMy WebLinkAbout1980-03-24 - City Commission Special Meeting MinutesL M mb/tz 5811 NORTHWEST 88TH AVENUE 0 TAMARAC, FLORIDA 33321 TELEPHONE (305) 722-5900 March 21, 1980 NOTICE OF SPECIAL CITY COUNCIL NOONDAY, MARCH 24, 1980. PLEASE BE ADVISED of a Special City Council meeting to be held on Monday, March 24, 1980, at 10:00 A.M., in Council Chambers of City Hall. The matter to be discussed is: LeadershipHotasing, Inc. Property - Discussion and Possible Action concerning Leadership Housing tax map . Council may consider such other business as may curie before it. The public, as always, is invited to attend. WRILYN BERTHOLF City Clerk CITY OF TAMARAC, FLORIDA SPECIAL MEETING LEADERSHIP HOUSING INC. PROPERTY March 24, 1980 CALL TO ORDER: Vice Mayor Massaro called the Special Meeting to order on Monday, March 24, 1980, at 10: 10 A.M., in the Council Chambers. ROLL CALL: ABSENT AND EXCUSED: PRESENT: C/W M. Kelch C/M Irving Disraelly C/M Irving Zemel V/M H. Massaro Mayor Falck ALSO PRESENT: City Manager, E. Gross City Attorney, A. Birken City Engineer, L. Keating City Clerk, M. Bertholf V/M Massaro stated that the meeting was called to discuss the Leadership Housing Inc. property and mentioned that there was a request from the City Manager on an item to do with approval of engineering fees to prepare drainage grant. 2. Approval of en ineerin fees to re e drainer e grant. SYNOPSIS OF ACTION: Agendized by consent. C/W Kelch MOVED that the item concerning grant for engineering fees in connection with the grant for secondary drainage and improvement be agendized by consent. C/M Zemel SECONDED the motion. VOTE: ALL VOTED AYE City Manager, Ed Gross discussed a resolution for Wednesday's agenda being put on today's agenda authorizing him to seek financial assistance from the Florida Recreation Development Assistance Program for the Joseph T. Capore1 la Park which is due on April lst, the grant application date. _._.._. C/W Kelch asked if there is any legal impediment, since it was advertised for Wednesday and City Attorney, Arthur Birken answered that the purpose of agendizing is if it is an emergency and that it is up to the Council. Florida Recreation Development Assistance Program SYNOPSISOF ACTION: Not Agendized. C/W Kelch MOVED to change this item from the 26th Agenda to today's agenda, by consent. V/M Massaro asked for a Second and since there was none, the Motion died for lack of a second. 1. Leadership Housing Inc. Property - Tax Map SYNOPSIS OF ACTION: City Attorney to discuss with Yehuda Ben 1rieh, road between---Sainbo-1-s & E-3irfftu 'iced Plaza, -id.W. 64th Strut ant -canals with report. to Council at 4:00 P.M recessed meeting. Arthur Birken, City Attorney stated that on March 3, 1980 he sent a letter to Mr. Tralins, who is the attorney for Leadership Housing and attached to that letter, a copy of the information which had been received from the Broward County Tax Collector stating that on March 26th there would be a sale of a -1- March 24, 1980 /Pe i � T� piece of property which the city is very interested in,located next to Sambo's on 441. He mentioned that he sent a copy of that letter to Council so that they would all have knowledge of the pending question which needed to be resolved this month. Mr. Birken said he had numerous conversations with Mr. Tralins and spoke to Mr. Darby who has prepared this map, and late Thursday he received a copy of the tax map and immediately made copies for Council. He said that at that time it was not known by him and there was no way of find- ing out, whether any other property was scheduled to be sold this Wednesday and that information was not known until late Friday. Mr. Birken stated that when he got the list and map, he felt it would be very prudent for Council to meet this morning to give him some guidance as to how to proceed, especially if there was any other property that was scheduled to be sold. He mentioned that there is no other property other than that one piece which is scheduled to be sold on Wednesday; however, the city will have to deal with those parcels either today or at a future meeting. C/M Disraelly asked if he was referring to the one parcel as parcel 18 tha t wa9.. one up for sale and Mr. Birken replied that was correct. V/M Massaro wanted to know the timing on the other parcels and Mr. Birken replied that there have been tax certificates sold on most of the other parcels, stating further that taxes on most of the parcels go back to 1975. V/M Massaro asked if he had any idea as to when these other certificates were sold and Mr. Birken answered that they were sold annually and that each year a certificate is sold for the taxes for that parcel for that year. V/M Massaro then asked how we know these certificates were sold and Mr. Birken replied that any holder of a certificate that is more than 2 years old may apply for a tax deed and then went on to say that they have received this morning from the Tax Collector's Office, a copy of the tax bills for each year, and the tax certficate numbers for each parcel. V/M Massaro asked if 18 is ready for a certificate sale and Mr. Birken said yes, for tax sale for a tax deed. C/M Disraelly asked if they establish varying dates for these, or can anyone ask for a tax sale at any point in time, or are there specific dates. Mr. Birken replied that they can apply at any time and there would be an auction; there would be notice and their bid is the amount that they have offered to pay and when they apply for tax deed, they have to offer to pay all unpaid taxes so that if anyone else has a certificate for that piece of property, that would be paid off also and then the bid would be the amount of unpaid taxes; that is the low bid and then someone could bid more money, C/M Disraelly asked if these were sealed bids and Mr. Birken replied that the auction is held at the courthouse and they are not sealed bids. City Manager, Ed Gross mentioned Item #28, which is a lift station be changed from Woodlands to Mainlands. Council then had a discussion on whether it was a lift station or pumping station and Mr. Birken established that it was irrigation and that he had pictures taken so that it would make it easier. He then said that this morning he went through the list parcel by parcel and added up the taxes for each parcel, as it wouldn't have done the Council any good if he just gave them the information; he is giving them the bottom line for each parcel rather than each year, because it is broken down by each year and by parcel. V/M Massaro asked if the check was prepared for Leadership or Marmon for $20,000 and Mr. Birken replied that he had to hold that up and V/M Massaro then asked if t-lese taxes would be applicable to diem on anything that would involve the city as well. Mr. Birken answered that it would be applicable for items pertaining to -the utility without ariy question. V/M Massaro asked what about the street and Mr. Birken replied that this was under the other agreement and that the check was not going out because of this road and also that they may have to try to reach some accomodation with Leader- ship on these items before that check is sent. -2- March 24, 1980 /pe City Attorney, Arthur Birken mentioned that Leadership has taken the position through their attorney that on parcel 18, especially, there is no way that a tax deed being issued to someone is going to hurtthe City; there is an easement on that road that is recorded and that easement only goes from Leadership Housing to Lembo, which is the Sambo property and he is not aware of a deed to the City for that parcel. V/M Massaro stated that we required that road to be paved and would that be apt to be on a plat and Mr. Birken replied that it's not on a plat, but is adjacent to both plats and the plats say there is an easement, see O.R. Book 5435, page 192 which we have plus a copy of that easement, but that easement is from Leadership to Lembo; it is not an easement for any public purpose and is only for 2 parcels which are described. There was a dicussion on the traffic circulation pattern at Sambo's by Council and Mr. Birken continued, saying that they are also trying to check as to whether there are easements for any of these particular pieces of property, dedications to the public, which he doubts, or easements to the public, which is a possibility, especially for the lift stations; the City Clerk is working on obtaining that information. C/M Disraelly questioned, if there is an easement there that has been granted, and that piece of property is sold, would the easement still be there and Mr. Birken said that's right; if there is an easement there that has been granted, we couldn't care less who owns the property and who has to pay the taxes. C/M Disraelly asked if there is an easement across that piece of property, do we have to worry about buying it or being forced into position of buying it and Mr. Birken replied,that is correct. C/M Zemel wanted to know who maintained the roadway and Mr. Birken replied that if there is an easement, you would look to the terms of the easement and we might have the obligation of maintaining the road; if it is a public ease- ment, then it would probably be our obligation. V/M Massaro asked if Lebo Corporation can extend that easement to us and Mr. Birken anwered that it is possible, but Leadership may take the position that we have a right and they can't be foreclosed and his question to Mr. Tral ns is does he want to put his mal-practice insurance on the line to guarantee that, and the City Attorney didn't think the answer was going to be in the affirmative, because it is not clear. Mr. Birken said he had spoken with the county attorney's office about this, and this type of thing just didn't happen in other cities, or there is no record of this type of thing happening in other cities, and their recommendation was that the taxes get paid and that we had to see that the taxes do get paid; it should be worked out after Wednesday on this particular piece of property. Leadership offered to grant us an easement and have it recorded before the tax deed is sold, and then we risk the possibility of a cloud on the title or score sort of a fight with the person who holds the tax deed and the possibility of more money having to be paid to him at some point of time in the future if the road is desired. The law is not all that clear and there are no cases that .he has been able to find; this type of thing just doesn't turn out good, at least not in Florida. C/M Disraelly asked if he knows who has the tax deed for this and the City Attorney said it is a person who apparently buys and sells a lot of these things. C/M Disraelly wanted to know what the status of the right -of --way on 64th Street is and if there is an easement and if anything has been given to the City`in order that 64th Street got paved in order for people to get into the University Shops and for people to get into Section 15. The City Attorney said that University Shops is not platted and the parcel next to University Shops is not platted on North University Drive. C/M Disraelly mentioned that there was an auction last Saturday on the property east of University Shops and 20 people were there, but no bids were made after the auctioneer spent 20 minutes trying to sell it. V/M Massaro asked what they were selling and C/M Disraelly replied that it was the church property east of University Shops owned by the Pompano Baptist Church, but he wanted to know how 64th Street got in there and was there an easement. -3- March 24, 1980 /pe The City Attorney stated that the tax on 64th Street is $97.03 and that this is a problem they have known about and that has been worked on diligently and that hopefully Council has had an opportunity to review the items and come to some conclusions as to the parcels which they think the City should have. He added that Leadership, in its agreement with the City on July 31, 1979, did agree to deed to the City all canals and roads. Mr. Birken continued, saying that subsequent to that, in this deed, Mn T ra lins offered to convey to the City, the items which were numbered and which were brought to Council's attention, some of which are not canals or roads and they have no legal obligation to convey those items to the City; they can just let them go for taxes if they want as it's their property. Mr. Birken also added that parcel 3 had originally been offered to us, this property beinq the Wedgewood Club- house; they not realizing that they didn't own it; that. they also may not own parcels 1 and 2. Mr. Birken spoke with Mr. DeSousa late Friday and he was involved in these transactionsand he thought that Leadership had taken back parcel 1, which is the entrance to Westchester, but he did not know whether that had subsequently been conveyed when Colony West Executive Golf Course was sold; information we just haven't had a chance to track down, and parcel 2 was probably sold when. Colony West Executive was sold. last year, but that information is not on hand either. Mr. Bill Danyluck approached the dais stating that he was President of Main- lands, Section 4 and was referring to property parcel #27 which is a piece of property on the south side of Highland Drive between 47th Avenue and 47th Terrace. He said he took a measurement today, and it appears that this is a bridge spanning a canal with a small piece of property on the south side and on the north side;there is 6 feet of requirement as an easement on each side of the bridge in order to be able to service the bridge. V/M Massaro asked if that is a bridge or a culvert crossing and Mr. Danyluck answered that it is a culvert crossing, but that it appears like a bridge, as there are rails on both sides. Mr. Danyluck added, if we have 14 feet there, and this is the piece of property that they list as not being beneficial to the City, and he thinks it is, how could they possibly service the canal or the bridge if that piece of property did not belong to the City. He then said all these years they assumed it belonged to the City and they took care of it, and suddenly they find out that it doesn't belong to the City and it disturbs then; he would like to see that NB on it changed to B, as it would be beneficial. City Attorney, Arthur Birken agreed with what Mr. Danyluck said, but added that the property itself is very much beneficial to their association and thinks Leadership should be talked into possibly deeding that property over to them. Mr. Birken said he feels that it was probably a mistake somewhere along the way because he believes the irrigation pumps were there already, that some- time in the past Leadership just did not realize that they had not deeded it over to the association, even though someone may have to pay taxes on it. V/M Massaro asked what the tax was on that property and Mr. Birken replied that on 27 it is only $82.21 and believes the association could pay that and that we could get Leadership to donate the property to the association without a problem. Mr. Danyluck said that apparently half that property would be in Section 1 and 2 and the other half would be in Section 4 and wanted to know i f they used the canal as a dividing line and the association pays tax on that, would they own the entire piece of property there. The City Attorney replied that they have to get a deed from Leadership. Mr. Danyluck asked if they acquired the property, would they have to give an easement to the City of Tamarac to service the railings and the canal and indicated that they would be very glad to do that. Mr. Birken stated that for all anyone knew; they may have an easement there right now and Mr. Danyluck said he had checked with some of the old-timers in his section and they thought they owned it, that Leadership had given it to them, but that he himself couldn't find any records. He added that being that they have 2 pumps down there, this is an investment in excess of $5000.00 and they would like to protect that investment; they would like the deed to be issued to Section 4 because that is where thei'pumtps are located and they would be very glad to pay the $83 or whatever it is. -4- March 24, 1980 /pe Mr. Birken asked who the title would go to and Mr. Danyluck answered that it is Mainlands Section 4, Recreation and Civic Association which is a non- profit organization. C/M Disraelly inquired as to whether they would buy that piece of property and V/M Massaro asked if they are incorporated; Mr. Danyluck replying that they were and reiterated that they will be glad to pay the tax on it and if there is no easement, to then give an easement to the City of Tamarac. C/W Kelch mentioned that she never had any experience with this and didn't understand about people purchasing these certificates and wanted to know if Leadership can still transfer these things to us when somebody actually owns the certificates on it already. (tape side #2) Mr. Birken replied that they pay the county the taxes and then they get in exchange for that, a certificate and they make some interest on it which is an investment; when the taxes are paid, they get what they paid back plus a certain amount of interest. If the taxes are not paid within a certain period of time, they have a right to apply for a tax deed, which is not the same as a tax certificate and to acquire a tax deed, they would have to pay off all other outstanding tax certificates and all other unpaid taxes and certain other charges which may be levied against the property by governmental body; then they would get the tax deed. The City Attorney went on to say that the tax deed would be subject to any easements that are on the property; it would obviously be subject to the zoning on the property. They may not want to apply for a tax deed, but just hold the certificates which are good for 7 years, and if the property isn't paid within 7 years, they don't have a right to apply for a tax deed. C/W Kelch asked if they are holding a piece of paper that is not going to give them very much in the way of profit and Mr. Birken replied that they may just forget about the whole thing, since none of these are tremendous amounts of money, it may not be worth their time to contest it and it's possible that they would rather have the conveyance set aside as being an attempt to fraudulently deprive them of whatever rights they may have to the property. C/W Kelch asked if it were correct that the conveyance he was referring to is whatever form of deed Leadership would convey to the City and the City Attorney replied that this was correct. V/M Massaro stated that they would never do that, because we can certainly indicate very clearly that this is something essential for the city and we are the ones that would make that kind of a claim, not them. The Council and City Manager, Ed Gross discussed Lift Stations on Items 28, 34 and 36 as to whether there are easements or not and Larry Keating and Egan Cross will be looking into these as well as others that there are questions on and we can then get a written communication, and as a determination is made on Items 1, 4, and 8, they can be given to Council individually, but Item #18 is the one immediately facing Council. (tape side �3) City Attorney, Arthur Birken stated that he thought Council should authorize the expenditure of the back payments for that parcel, and if necessary, take it out of the $21,000 and get that money to Leadership so that they can pay the taxes on that parcel before Wednesday. V/M Massaro discussed the parcels that they owe taxes on, deduct the whole thing she said and then make another adjustment later on whatever money they owe the City. _ C/M-Disraelly mentioned that in March, 1979 Leadership said they were going to dedicate all the road and canals, and wanted to know why they aren't all dedicated to us as per that agreement. The City Attorney replied that the agreement was intended to pick these up at some point in time after its execution and at the time the agreement was executed, we did not know, and Leadership did not know what they owned; they didn't know and we didn't have any way of knowing. They are -5- March 24, 1980 /pe willing to dedicate them to us today or tomorrow, but they are not willing at the present time to pay the taxes. They will give us an instrument of dedication and then they are saying if there is a contest, they don't want to know about it. They will dedicate everything on the list by tomorrow and that may very well be satisfactory; there may never be another problem with this. C/M Disraelly discussed the fact that Leadership should have paid all the taxes up to July 31st if they were going to dedicate them to us as of March 31st, at which time we would take them over; the tax responsibility would be ours although we have no tax responsibility as a muncipality. He said that it would seem to him that they should pay the bills prior to this effective date for all the canals and all the streets per this agree- ment which has been recorded and if need be, at least pay these bills up to that date and deduct all of the figures from the $21,000 and let them sue us for that difference at that point. V/M Massaro mentioned that the City has been trying to acquire the Padula property and if Mr. Birken can make some kind of a deal with them regarding these taxes in exchange for the Padula property; for instance if we paid these taxes in exchange for the Padula property, would Council be receptive to this. C/M Disraelly indicated that he didn't think it should be tied together. V/M Massaro felt that when you want to accomplish something, that is the time to tie things together and she is putting it up for consideration. C/M Disraelly asked if the Padula property had gone back to Leadership, and V/M Massaro answered yes. C/W Kelch discussed that she didn't understand the accumulation of back taxes and asked if it was possible for the Broward County Assessor's Office to cooperate with us to get these tax problems cleared up. Arthur Birken, City Attorney said the reason they didn't pay their taxes is that they didn't need the property and that it was a business decision; they can make more money not paying the taxes and having that capital for another year and then paying the penalty rather than paying des, unless the —are planning to sell the property. He indicated that if the Council would look at the map, they will see a number of big parcels that they didn't pay their taxes on and as far as excusing taxes, there are pages and pages of statutes on that, and there is no provision for excuse of the taxes once the certificates have been issued. He went on to say that we have individuals who have invested money to pay the taxes, and the question is how or when or whether they will be reimbursed for their expenditure. Mr. Birken indicated that every parcel has at least one certificate on it by someone other than Broward County and C/M Disraelly asked if every one has been picked up by somebody and Mr. Birken replied that every single one had been picked up. V/M Massaro asked if the County was going to pay them off and Mr. Birken said that the county has two; every single parcel has a certificate outstanding, at least one, some have 4 or 5. C/M Disraelly MOVED that the City Attorney be authorized to talk to Yehuda ...Ben•-Ariehtoday to find out specifically what we can do with items concerning the improved road between SamboI sand Commercial Plaza and Northwest- 64th Street which are the principal items of problem tBday, and to determine from him the position of the status of the canals as they pertain to the agreement with Leadership dated March 31, 1979, report back, and that we recess this meeting until 4:00 P.M. this afternoon. C/M Zemel SECONDED the MOTION. VOTE: ALL VOTED AYE V/M Massaro indicated that the meeting was recessed the motion MAY ATTEST: APPROV 8Y ci �ITYCLERK This public document was promulgated at a cost of $103.17, or $5.15 per copy, to inform the general public and public officer's and employees about recent opinions and considerations by the City Council of the City of Tamarac. -6- March 24, 1980 ,