HomeMy WebLinkAbout2012-04-23 - City Commission Workshop Meeting MinutesCITY OF TAMARAC
CITY COMMISSION WORKSHOP MEETING
MONDAY, APRIL 23, 2012
CALL TO ORDER: Mayor Talabisco called the workshop meeting to order at 9:32 a.m. on
Monday, April 23, 2012 in Room 105, Tamarac City Hall, 7525 NW 88th Avenue, Tamarac,
Florida.
ROLL CALL: Mayor Beth Talabisco, Commissioner Pamela Bushnell, Commissioner Michelle
J. Gomez and Vice Mayor Diane Glasser were in attendance. Commissioner Harry Dressier
was absent.
ALSO PRESENT: City Manager Michael Cernech, Assistant City Manager Diane Phillips, City
Attorney Sam Goren and City Clerk Peter M. J. Richardson.
PLEDGE OF ALLEGIANCE: Vice Mayor Diane Glasser led the Pledge of Allegiance.
1. Item No 8(c) on Ordinances — First Reading. AMENDMENT TO THE AGREEMENT
WITH WASTE MANAGEMENT FOR RECYCLEBANK PROGRAM: (T02250) Motion
to adopt an Ordinance of the City Commission of the City of Tamarac, Florida, on first
reading approving the Amendment to the Franchise Agreement with Waste
Management, Inc. of Florida for the implementation of a recycling rewards program;
authorizing the appropriate City Officials to execute the amendment and to take action
consistent with the intent of this Ordinance; providing for the ability to revise rates for a
-- recycling rewards program through the adoption of a resolution by the City Commission;
providing for conflicts; providing for severability; and providing for an effective date.
Public Services Director Jack Strain and Budget/Contracts Manager Troy Gies
Mr. Gies stated that the proposed amendment to the City's agreement with Waste Management
would permit the implementation of a recycling rewards program for both single-family and
multi -family residents in the City of Tamarac for program participants engaging in a variety of
positive environmental and recycling behaviors. Mr. Gies noted that City staff projected that
implementation of the Recyclebank program would result in an annual net increase of $88,000
for the sale of recyclable materials. Mr. Gies said that the City of Tamarac would be the first
community in the nation to simultaneously introduce the RecycleBank program and to offer the
program to all multi -family communities within the city limits. Commissioner Bushnell said that
she was excited about the proposed program. She inquired how condo residents would receive
program rewards. Mr. Strain noted that the rewards program operated on an honor system,
with participants registering either on-line or telephonically. Mr. Gies also noted that although
recycling carts had RFID (Radio frequency identification) chips, these were not used to track the
amount of recycling by individual users or customers.
Mayor Talabisco inquired how residents would be notified about the program's introduction and
specific details. Mr. Strain said that City staff would work with Waste Management to ensure a
comprehensive marketing program to the entire City of Tamarac. Commissioner Gomez also
suggested the possibility of distributing fliers and information to community liaisons in multi-
family neighborhoods. She also suggested the possibility of having a demonstration of how to
fill out the program participation form on-line. Mr. Strain said that City staff would collaborate
with Information Technology staff to make such a demonstration at the next City Commission
workshop.
Commissioner Bushnell inquired about the possibility of correcting erroneous pick-up
information on bills relative to the bulk pick-up days schedule. Financial Services Director Mark
Mason said City staff was in the process of incorporating corrected information on to the City's
utility bills.
Mr. Cernech said it was absolutely the right thing for the community to reduce the waste stream
into the landfill and to reduce related costs simultaneously. Mr. Cernech also said that it was
the City Commission's vision to lead the nation in recycling programs, such as being among the
first communities in the nation to offer a city-wide multi -family recycling program. Mayor
Talabisco noted that Waste Management welcomed any interested persons desiring to take a
tour of their Monarch Hill Renewable Energy Park and facilities.
2. Item No. 6 (b) on the Consent Agenda. AWARD OF BID 12-09B FOR PURCHASE OF
AQUATIC WEED HARVESTER: (TR12185) A Resolution of the City Commission of
the City of Tamarac, Florida, awarding Bid No. 12-09B to Aquamarine for the purchase
of an Aquatic Weed Harvester, Model H5-200S and a Trailer Model TC-12-K-2 in
accordance with Bid No. 12-0-913 for a contract amount of $92,847.40; authorizing an
expenditure not to exceed $92,847.40 from the appropriate accounts; providing for
conflicts; providing for severability; and providing for an effective date. Public Services
Director Jack Strain and Purchasing/Contracts Manager Keith Glatz
Mr. Strain noted that one of the City's two existing aquatic weed harvesters had been in service
for approximately ten years. He stated that the City was proposing the purchase of a new type
of weed harvester, utilizing a paddle wheel drive type mechanism, permitting the unit to harvest
in shallower areas of waterways. Mr. Strain noted that keeping a high level of service in
cleaning canals and waterways throughout the City was one of the Public Services
Department's top priorities. Mayor Talabisco inquired what would happen to the unit being
replaced by the new aquatic weed harvester.
Mr. Strain said that the unit would be sold in an on-line auction. Mayor Talabisco inquired about
the age of the City's other aquatic weed harvester unit. Mr. Strain said that the other existing
unit was purchased in 2005.
3. Item_ No. 6(d) on the Consent Agenda. MERRILL GARDENS - SITE PLAN
EXTENSION: (TR12198) A Resolution of the City Commission of the City of Tamarac,
Florida, granting a time extension of one (1) year for final site plan approval for the
Merrill Gardens II project, requested by Craven, Thompson and Associates, Inc.,
(Catherine A. Donn), designated agent for the property owner, Tamarac Acquisitions,
LLC. c/o Teresa Fritsch, (Case No. 6-SP-12); providing for conditions of approval;
providing for conflicts; providing for severability; and providing for an effective date. —
Community Development Director Jennifer Bramley
Ms. Bramley presented a brief overview about the history of the project, noting that the site was
located almost immediately across from Tamarac Elementary School on University Drive. She
noted that the initial site plan for the 11,000 square foot proposal had been approved by the City
Commission in 2009, with site plan extensions approved in 2010 and 2011. Ms. Bramley said
that City staff was recommending one final site plan extension for this proposed project. Mr.
Goren noted that this was an independent request from the property owner as a good corporate
citizen. Mayor Talabisco inquired whether economic conditions had triggered the need for a site
plan extension. Ms. Bramley said this was correct.
4. Item No. 8(a) on Ordinances — First Reading. NUISANCE ABATEMENT
ASSESSMENT ORDINANCE (T02247) Motion to adopt an Ordinance of the City of
Tamarac, Florida, on first reading pertaining to public health and safety; amending
Chapter 9, entitled "Health, Sanitation and Nuisance"; creating Division V, to be entitled
"Nuisance Abatement Procedures"; providing for purpose and boundaries to be a public
nuisance and threat to the health, safety and welfare of the citizens and residents of the
City; prohibiting the accumulation of trash, junk or debris, living and nonliving plant
material, and stagnant water; prohibiting the excessive growth of grass, weeds and
brush, and other overgrowth; prohibiting the keeping of fill on property that results in
certain conditions; prohibiting certain conditions that constitute an imminent threat to
public health; authorizing the city to undertake immediate abatement and remedy for
public health threats; providing for enforcement of violations; requiring notices to owners
and, if applicable, agents, custodians, lessees, and occupants of property in violation of
this article; providing for appeals of violation notices; authorizing the imposition and levy
of special assessments if costs are incurred by the City and not reimbursed by the
property owner and, if applicable, the property agent, custodian, lessee or occupant;
requiring notices of assessment; creating assessments for the cost of lot clean-up;
establishing the City as a Special Assessment District; authorizing the levy of non -ad
valorem assessments in connection with violations of this article; providing for the
collection of non -ad valorem assessments; providing for annual non -ad valorem
assessment rolls; providing transition provisions and ratifying assessments to recover
costs incurred by the City to remedy violations prior to the Ordinance's enactment;
providing for clarification; providing for conflicts; providing for severability; providing for
an effective date. — Community Development Director Jennifer Bramley and Code
Enforcement Manager Mark Woods
Ms. Bramley and Mr. Woods presented an overview of the proposed nuisance abatement
assessment ordinance and the related timeline to reach this point in the process. Mr. Woods
said that the City's Code Enforcement Officers would be responsible for declaring public
nuisances relative to foreclosures and vacant properties, relative to the accumulation of trash,
junk or debris or other factors detrimental to public health or safety concerns. He noted that
such conditions would need to be considered excessive in order to move forward with the
recommended nuisance abatement procedures. Ms. Bramley noted that the first reading of the
proposed ordinance was set for April 25, 2012, with the second reading to occur at the City
Commission's May 9th meeting. Ms. Bramley noted that the City of Hollywood, Florida was
utilizing a similar ordinance. Mr. Goren said that the City of Hallandale Beach was also
employing a similar tool relative to nuisance abatement. Ms. Bramley said that the tools in the
ordinance could be used to turn around situations in a more timely manner. Financial Services
Director Mark Mason stated that if taxes were not paid on abandoned or foreclosed properties,
there was a tax certificate sale, with the City of Tamarac and other entities receiving their
applicable shares of property taxes due.
Commissioner Bushnell inquired whether the proposed ordinance would be helpful in
addressing property squatter situations. Mr. Woods said depending upon the circumstances,
either the minimum housing code or this proposed ordinance could be used to address such
situations. Commissioner Bushnell inquired about the City Commission's expertise relative to
hearing appeals relative to the nuisance abatement ordinance. Ms. Bramley said that City staff
would outline the City's case and provide applicable documentation for the City Commission's
consideration. Mr. Goren noted that every piece of real estate was owned by someone and
taxes were ultimately paid in full, whether directly or by other means, such as the sale of tax
certificates. He also noted that property squatters were trespassers subject to immediate
removal. Commissioner Gomez emphasized the vital importance of the City of Tamarac
receiving taxes and other funds due from abandoned properties, foreclosures and other
instances not in compliance with City health and safety codes. Mayor Talabisco said it was
regretful that the City had to entertain this type of ordinance. Mr. Goren noted that the key word
relative to this process and related matters was the word "excessive" and the use of discretion
by the City's code enforcement officers. Mayor Talabisco noted that the U.S. Conference of
Mayors was addressing property foreclosures and related matters on a number of fronts around
our nation. Mayor Talabisco also expressed hope that the number of property foreclosures
would be going down over the next few years. Ms. Bramley and Mr. Goren both stated that the
nuisance abatement assessment process offered City staff another tool in their tool box. There
was a break in the meeting between 11:01 and 11:08 a.m. The meeting reconvened at 11:08
a.m., with previously referenced members of the City Commission and City staff in attendance.
5. Item No. 6(c) on the Consent Agenda. WOODLANDS COMMUNITY NEIGHBORHOOD
IMPROVEMENT DISTRICT SPECIAL BALLOT ELECTION (TR 12187) A Resolution
of the City Commission of the City of Tamarac, Florida, approving and authorizing the
execution of the tri-party Interlocal Agreement between the City of Tamarac (the "City"),
the Woodlands Community Neighborhood Improvement District (the "District"), and the
Broward County Supervisor of Elections ("SOE"), attached hereto as Exhibit "A" and
incorporated herein, subject to further negotiation and agreement with the SOE;
supporting and endorsing the mail ballot referendum election called by the District's
Board of Commissioners pursuant to Ordinance 2010-014, the Florida Election Code,
and Ch. 163, F.S. for the purpose of imposing an Ad Valorem Tax of up to 2 mills
annually; directing the appropriate members of City staff to take any and all action
necessary to effectuate the intent of this Resolution; providing for conflicts; providing for
severability; and providing for an effective date. Community & Economic Affairs
Officer Andy Berns and City Clerk Peter Richardson
Mr. Berns provided an overview of the tri-party interlocal agreement between the City of
Tamarac, Broward County Supervisor of Elections, and the Woodlands Community
Neighborhood Improvement District. He noted that the mail ballot referendum election would
commence sometime between May 4th and May 10th, with voters required to submit their
completed ballots to the Tamarac City Clerk's Office by no later than 3:00 p.m. on Wednesday,
May 23, 2012. He noted that the ballots would be date and time stamped upon receipt, and
City staff would deliver the ballots to the Supervisor of Elections Office on May 23rd, for
tabulation to occur on Thursday, May 24, 2012, at the Supervisor of Elections Voting Equipment
Center in Lauderhill.
6. SELECTION OF DIRECTOR, ALTERNATE AND SECOND ALTERNATE TO
BROWARD LEAGUE OF CITIES. City Clerk Peter M. J. Richardson
Mr. Richardson noted that the Broward League of Cities was requesting that the City of
Tamarac, and all members of the Broward League of Cities make their designation of a voting
director, alternate and second alternate, for general and regular membership meetings of the
League. Mr. Richardson said it was his understanding that Mayor Talabisco wished to continue
to serve as the City's Director to the Broward League of Cities Board of Directors, with
Commissioner Dressler serving as the City of Tamarac's Alternate and Commissioner Bushnell
as the City of Tamarac's second alternate voting delegate. There was an expression of interest
from the Mayor and City Commissioners to proceed in this manner.
7. DISCUSSION OF PUBLIC PURPOSE - Payment of Attorney's fees and back salary to
Mayor Beth Talabisco — City Attorney Samuel S. Goren
Mr. Goren noted that due to her personal involvement in the matter, Mayor Talabisco was not
able to either discuss this item, or vote on the matter at Wednesday morning's City Commission
meeting.
Mr. Goren reviewed elements of his Memorandum 2011-059, regarding the matters of back pay
and benefits, which were self-executing and had already occurred as a matter of record. Mr.
Goren continued his remarks by noting that the establishment of reasonable attorney's fees
would need to be determined by a third party review of the matter. Mr. Goren said that his office
would contact two local city attorneys, who would, in turn, recommend the services of a third -
party lawyer to review the matter of reasonable attorney's fees. Commissioner Bushnell
inquired who would determine what was "reasonable". Mr. Goren said it would be the
responsibility of the third party lawyer, recommended by the two other city attorneys, to make
such a recommendation to the Mayor and City Commissioners. He further noted that the State
of Florida Bar Rules were quite specific in terms of what constituted a reasonable fee for legal
representation. Mr. Goren noted that no action was needed on this matter today, but Assistant
City Attorney Julie Klahr would request two separate motions from the Mayor and City
Commission at Wednesday morning's meeting.
Mr. Cernech noted that he was recommending that the Mayor and City Commissioners add an
item to Wednesday morning's consent agenda regarding the use of certain Fire Department by
the City of Fort Lauderdale Fire Department during the upcoming Air and Sea Show this coming
weekend. Mr. Cernech also said that Fire Chief Mike Burton had attended two of the recent E-
911 Implementation Committee meetings, targeted at creating more efficiency in fire and rescue
services throughout Broward County. Mr. Cernech said that he would keep the Mayor and City
Commissioners apprised about these meetings and related outcomes. Mr. Cernech also
reported that the market study for the Tamarac Village project was moving forward, thanks to
the efforts of Mr. Berns and Ms. Bramley.
There being no further business, the workshop was adjourned at11:48 a.m.
Peter M. e
City Clerk
-Richardson,