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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,