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HomeMy WebLinkAbout2013-09-12 - City Commission Special Meeting MinutesCITY OF TAMARAC SPECIAL CITY COMMISSION MEETING THURSDAY, SEPTEMBER 12, 2013 CALL TO ORDER: Mayor Talabisco called the Special Commission Meeting to order at 5:07 p.m. on Thursday, September 13, 2012 in City Commission Chambers, Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, FL, 33321. PRESENT: Mayor Beth Talabisco, Vice Mayor Harry Dressler, Commissioner Pamela Bushnell and Commissioner Diane Glasser. ALSO PRESENT: City Manager Michael C. Cernech, Assistant City Attorney Julie Klahr and City Clerk Patricia Teufel. ABSENT: Commissioner Patricia Atkins -Grad. Mayor Talabisco welcomed everyone and said this is a Special Meeting of the City Commission of the City of Tamarac to hold Public Hearings on the Annual Fire Assessment, the Annual Solid Waste Collection Services Assessment, the Stormwater Utility Management Fee Assessment, the Nuisance Abatement Assessment and the setting of the Tentative Millage Rates and the Tentative City Budget for Fiscal Year 2014. I'm pleased you could join us this evening. These public hearings are literally the culmination of an entire year's work by this City Commission, the City Manager and staff. For the benefit of the public tonight, the City Commission held several workshops throughout the year as well as a budget workshop on June 19, 2013 to provide direction to the staff on this submittal. I would like to thank my colleagues on the dais for their participation at the workshops and for their suggestions as we deliberated on the staff recommendations. PLEDGE OF ALLEGIANCE: Mayor Talabisco led the pledge of allegiance. City Manager Cernech made the following statement: The City of Tamarac has used the Fire Service Assessment since 1997 to provide specific funding for the purpose of providing fire services in the City of Tamarac. As the City Commission is aware, the Fire Service Assessment has been determined to be an equitable and efficient methodology to use in apportioning the cost of Fire Services to improved properties thus reducing the overall burden on the ad valorem tax rate. The residential rate for FY 2014 is $265 per dwelling unit which is same rate as FY 2013 and FY 2012. The City conducted a study on the Fire Rescue Assessment in 2011 and based upon calls for service and a five year budget forecast as well as general increases in the cost of providing Fire Rescue Services, Staff recommends the City Commission approve the rates that have been proposed and approved for publication at the July 10, 2013 Preliminary Fire Assessment Rate hearing. 1. TR12392 - Final Fire Rescue Assessment: A Resolution of the City Commission of the City of Tamarac, Florida, relating to the provision of Fire Rescue Services, Facilities and Programs in the City of Tamarac, Florida; reimposing Fire Rescue Assessments Page 1 of 8 Special City Commission Meeting September 12, 2013 CITY OF TAMARAC SPECIAL CITY COMMISSION MEETING THURSDAY, SEPTEMBER 12, 2013 against assessed property located within the City of Tamarac for the fiscal year beginning October 1, 2013; approving the rate of assessment; approving the assessment roll; providing for conflicts; providing for severability; providing an effective date. Assistant City Attorney Klahr read TR12392 by title into the record and Financial Services Director Mark Mason gave a presentation. Mayor Talabisco opened the public hearing and the following individuals spoke: David Frankel, Esq., 20 SE 20th St., Ft. Lauderdale representing John Loeffler, 7443 N. University Drive, asked the City to consider the accurate measurement of the parcel and the method the ASF is calculated. Assistant City Attorney Klahr said the City Attorney's Office will be processing the request for an appeal and will respond properly. Attorney Arthur Rosenberg, 6499 No. Powerline Rd., Ft. Lauderdale representing various property owners in the area annexed into the City in 2010 said the rates charged on the various parcels were disproportionate and Assistant City Attorney Klahr asked him to provide the City Attorney's Office with more information and they would look into it. With no one else wishing to speak, Mayor Talabisco closed the public hearing. Commissioner Bushnell seconded by Commissioner Glasser moved approval of TR12392. Motion passed unanimously (4-0) RESOLUTION R-2013- City Manager Cernech made the following statement: The City of Tamarac began using a special assessment for residential solid waste collection services last year. This has been a very successful move in terms of collections with no delinquencies as opposed to the previous method of using the water bill. This assessment is an equitable and efficient method of allocating and collecting the Residential Solid Waste Collection Services Assessed Cost among single family residential type parcels. The residential rate for FY 2014 is $273.75 per residential dwelling unit receiving curbside pickup. Staff recommends the City Commission approve the rate that has been proposed and approved for publication at the July 10, 2013 Preliminary Solid Waste Collection Services Assessment Rate hearing. 2. TR12393 - Final Solid Waste Assessment: A Resolution of the City of Tamarac, Florida, relating to the provision of residential Solid Waste Collection Services in the City of Tamarac, Florida; approving the assessment rate for residential Solid Waste Collection Services for the fiscal year beginning on October 1, 2013; imposing a residential Solid Waste Collection Assessment against assessed property located within the City of Tamarac for the fiscal year beginning on October 1, 2013; providing for severability; providing for conflicts; and providing an effective date. Assistant City Attorney Klahr read TR12393 by title into the record and Financial Services Director Mason gave a presentation. Page 2 of 8 Special City Commission Meeting September 12, 2013 CITY OF TAMARAC SPECIAL CITY COMMISSION MEETING THURSDAY, SEPTEMBER 12, 2013 Mayor Talabisco opened the public hearing and with no one wishing to speak closed the public hearing. Commissioner Glasser seconded by Commissioner Bushnell moved approval of TR12393. Motion passed unanimously (4-0) RESOLUTION R-2013- City Manager Cernech made the following statement: City Staff has proposed using a special assessment for the collection of the Stormwater Utility Management Services Fee. This assessment is an equitable and efficient method of allocating and collecting the Stormwater Utility Management Services Fee Assessed Cost among all the parcels in the City. As the City Commission is aware, the Stormwater Utility Management Services Fee has been previously collected on the water bill. This would be the initial or first year of the assessment. The rate per equivalent residential unit (ERU) for FY 2014 is $110.33. Staff recommends the City Commission approve the rate that has been proposed and approved for publication at the July 10, 2013 Preliminary Stormwater Utility Management Fee Assessment Rate hearing. 3. TR12394 -Final Stormwater Assessment: A Resolution of the City Commission of the City of Tamarac, Florida, relating to the levy and collection of the City's Stormwater Management Utility Fee within the municipal boundaries of the City of Tamarac for the fiscal year beginning October 1, 2013; approving, confirming, and adopting the Stormwater Management Utility Fee and Stormwater Management Utility Fee Roll; providing for other matters relating to the levy and collection of the Stormwater Management Utility Fee on the annual property tax bills; providing for conflict; providing for severability; and providing for an effective date. Assistant City Attorney Klahr read TR12394 by title into the record and Financial Services Director Mason gave a presentation. Commissioner Bushnell said she is reluctant to say yes as she felt residents needed more time to come up with additional funds. Mayor Talabisco opened the public hearing and the following individual spoke: Attorney Arthur Rosenberg, 6499 No. Powerline Rd., Ft. Lauderdale representing various property owners in the area annexed into the City in 2010 expressed concern that some property owners did not receive notice of the impending charge for stormwater and said there was no way to determine how the charges were calculated. With no one else wishing to speak, Mayor Talabisco closed the public hearing. Vice Mayor Dressler seconded by Commissioner Glasser moved approval of TR12394. Motion passed (3-1) with Commissioner Bushnell dissenting. RESOLUTION R-2013- Page 3 of 8 Special City Commission Meeting September 12, 2013 CITY OF TAMARAC SPECIAL CITY COMMISSION MEETING THURSDAY, SEPTEMBER 12, 2013 City Manager Cernech made the following statement: In 2012, the City Commission adopted the Public Nuisance Abatement Ordinance. As part of that ordinance, the City Commission authorized the use of special assessments for amounts billed but unpaid as of June 1 of the year following the abatement of the public nuisance. The City abated 23 public nuisances between June 2, 2012 and June 1, 2013 on 19 properties, two of which have paid. The remainder of the amounts due is delinquent as of this date. City Staff has prepared the special assessments against each property, the total of which is $8,601.61 to be collected on the tax bills for Fiscal Year 2014. This would be the first year using this type of assessment. Staff recommends the City Commission approve the Public Nuisance Abatement Special Assessments Resolution that was proposed and approved for publication at the July 10, 2013 Preliminary Public Nuisance Abatement Assessments hearing. 4. TR12395 - Nuisance Abatement Assessment: A Resolution of the City Commission of the City of Tamarac, Florida, relating to the provision of Nuisance Abatement on certain real properties by the City in accordance with Chapter 9, Division V of the City's Code of Ordinances; approving the collection of a Nuisance Abatement Special Assessment on real property that has been specially benefited by the City's Abatement of Nuisances thereon; approving a Nuisance Abatement Assessment Roll; providing for conflict; providing for severability; and providing for an effective date. Assistant City Attorney Klahr read TR12395 by title into the record and Financial Services Director Mason gave a presentation. Mayor Talabisco opened the public hearing and the following individual spoke: Ellis Donsky, 7715 Southampton Terr., spoke about the unsightly overgrowth along the FPL easement along Southgate Blvd. Commissioner Bushnell confirmed that this area was not included in the Nuisance Abatement resolution. With no one else wishing to speak, Mayor Talabisco closed the public hearing. Commissioner Bushnell seconded by Commissioner Glasser moved approval of TR12395. Motion passed unanimously (4-0). RESSOLUTION R-2013- Mayor Talabisco said this is the first public hearing for establishing the Operating Millage Rate and Debt Service Millage Rate for Fiscal Year 2014. A second public hearing on Temporary Ordinance Number 2289 will be held on September 19, 2013 at 5:05 pm. City Manger Cernech made the following statement: In accordance with the Truth in Millage requirements of Florida Statutes, the City is required to announce the percentage difference between the proposed millage rate and the rolled -back rate. As such, the following is read into the record: The proposed operating millage rate of Page 4 of 8 Special City Commission Meeting September 12, 2013 CITY OF TAMARAC SPECIAL CITY COMMISSION MEETING THURSDAY, SEPTEMBER 12, 2013 7.2899 mills for Fiscal Year 2013 is .3089 mills or 4.42% more than the rolled -back rate of 6.9810 mills. 5. T02289 - FY14 Millage Rate Ordinance: An Ordinance of the City Commission of the City of Tamarac, Florida on first reading to establish and levy Ad Valorem Taxes within the corporate limits of the City of Tamarac, Florida, for the tax year 2013; providing for the levy of Ad Valorem Taxes in the amount of 7.2899 mills ($7.2899 per $1,000) based upon the assessed value on non-exempt real and personal property located within the city limits of the City of Tamarac; providing for the levy of ad valorem taxes in the amount of .1086 mills ($.1086 per $1,000) based upon the assessed value of the non- exempt real and personal property located within the City limits of the City of Tamarac, for funds for annual debt service for the City of Tamarac, Florida general obligation refunding bonds, series 1998; providing for conflicts; providing for severability; and providing for an effective date. Assistant City Attorney Klahr read T02289 by title into the record and Financial Services Director Mason gave a presentation and responded to a few questions from Commissioner Bushnell. Mayor Talabisco opened the public hearing and the following individual spoke: Patti Lynn, 6411 NW 58t" St. asked for arks to be reopened on Mondays' and asked the v � p p y City to take back the maintenance of the swales. Financial Services Director Mason said that we will be reopening parks on holiday Mondays' as well as when schools are closed on a Monday. With no one else wishing to speak, Mayor Talabisco closed the public hearing. There was a brief discussion regarding the decision to start power washing the medians and curbing in the City. Commissioner Glasser seconded by Commissioner Bushnell moved approval of T02289 on first reading. Motion passed unanimously (4-0). PASSED ON FIRST READING SEPTEMBER 12, 2013 Mayor Talabisco said this is the first public hearing to establish the Fiscal Year 2014 Operating Budget, Capital Budget and Financial Policies. A second public hearing on Temporary Ordinance Number 2290 will be held on September 19, 2013 at 5:05 p.m. City Manager Cernech made the following statement: The proposed operating and capital budget for Fiscal Year 2014 is $130,733,093 which is $1,943,830 less than the Amended Budget for Fiscal Year 2013. The proposed general fund budget, which is the primary fund for providing governmental services such as, our contract with BSO, general and administrative services, public works, and parks and recreation, is $49,996,166 which is $4,031,933 more than the Amended Budget for Fiscal Year 2013. In addition, the financial policies are included as part of the adoption of the annual budget. These financial policies are an enhancement of our long-term financial planning for the City. These policies set parameters for operating management, Page 5 of 8 Special City Commission Meeting September 12, 2013 CITY OF TAMARAC SPECIAL CITY COMMISSION MEETING THURSDAY, SEPTEMBER 12, 2013 including establishing reserves for specific purposes, establishing accounts management and financial planning policies and establishing policies on economic resources. 6. TO2290 FY14 Budget Ordinance: An Ordinance of the City. Commission of the City of Tamarac, Florida, on first reading adopting the Operating Budget, Revenues and Expenditures, the Capital Budget, and the Financial Policies for the fiscal year 2014; repealing all ordinances in conflict with this ordinance; providing for conflicts; providing for severability; and providing for an effective date. Assistant City Attorney Klahr read T02290 by title into the record and Financial Services Director Mason gave a presentation and responded to questions from Commissioner Bushnell regarding the addition of park maintenance personnel. Mayor Talabisco opened the public hearing and the following individuals spoke: Stephanie Pollard of 211 Broward thanked the Commission for their past support, gave a brief description of the type of some of the 2100 calls they received from Tamarac residents and reiterated 211's request for $7,000 for FY14; Amy Unger, Family Central thanked the Commission for the past support and asked for continued support in the amount of $2,880 for FY14. With no one else wishing to speak, Mayor Talabisco closed the public hearing. Vice Mayor Dressler seconded by Commissioner Glasser moved approval of T02290 on first reading. Motion passed unanimously (4-0). PASSED ON FIRST READING SEPTEMBER 12, 2013 Mayor Talabisco said the second public hearing on setting the operating and debt service millage rates and adopting the budget for Fiscal Year 2014 will be held on September 19, 2013 at 5:05 p.m. Mayor Talabisco asked Assistant City Attorney Klahr to explain the rules of the road regarding the requested shade session. Assistant City Attorney Klahr read the case information below into the record and said they will be recessing into a private meeting with the Mayor and Commission, City Manager Cernech, Assistant City Attorney Klahr and a court reporter and after discussion they will be returning to the chambers to take action, if necessary. 7. Closed Session - Attorney Client Session: Pursuant to Florida Statutes 286.011(8)(2009), there will be an attorney -client session at 6:00 p.m., or such earlier time that the public hearings and budget meetings adjourn, on Thursday, September 12, 2013, attended by Mayor Beth Talabisco, Vice Mayor Harry Dressler, Commissioner Pamela Bushnell, Commissioner Diane Glasser, Assistant City Attorney Julie Klahr, City Manager Michael Cernech and a Certified Court Reporter to discuss the following: Patricia Patte Atkins -Grad v. Alvin E. Entin, Individually and as Chairman of the Page 6 of 8 Special City Commission Meeting September 12, 2013 CITY OF TAMARAC SPECIAL CITY COMMISSION MEETING THURSDAY, SEPTEMBER 12, 2013 Committee to Recall Patricia Patte Atkins -Grad, etc, et. al., Seventeenth Judicial Circuit Court in and for B roward County Case No. 13-11186 (02) and Patricia Patte Atkins - Grad v. Alvin E. Entin, Individually and as Chairman of the Committee to Recall Patricia Patte Atkins -Grad, The Committee to Recall Patricia Patte Atkins -Grad, et al, in the District Court of Appeal Fourth District, State of Florida, Case No. 41313-2631. Mayor Talabisco recessed the meeting at 6:45 p.m. with Commissioner Bushnell, Vice Mayor Mayor Talabisco all present as before. p.m. and the meeting resumed at 7:45 Dressler, Commissioner Glasser and Assistant City Attorney Klahr said that all members of the shade session have returned back to the Commission Chambers and we have now come back into the public meeting for the purpose of determining whether or not the Commission wishes to take any action. Mayor Talabisco said based on the discussions during the shade session it appears that she might have a conflict of interest pursuant to Chapter 286 and recused herself from voting on this matter and will be filing the appropriate Form 86 —Memorandum of Voting Conflict with the City Clerk. Mayor Talabisco passed the gavel to Vice Mayor Dressler. Vice Mayor Dressler asked if he had a motion to accept the letter of resignation as submitted by Commissioner Patte Atkins -Grad in resolution of the pending litigation and direct Administration and the City Attorneys Office to take such actions as necessary to finalize these matters. Commissioner Bushnell seconded by Commissioner Glasser moved approval of said motion. Motion passed unanimously (3-0). Vice Mayor Dressler passed the gavel back to Mayor Talabisco. Mayor Talabisco said we need to give direction to the City Manager and City Attorney and move forward with filling the vacancy. Assistant City Attorney Klahr said the first issue is the vacancy itself which will become effective upon a few other things occurring and when they occur the Commission can choose to accept a process. There will need to be an advertisement of the vacancy and a time frame will need to be determined as to how long that will take. The Commission can make that determination at their next meeting or tonight. Mayor Talabisco said we have followed a process before and it was successful. Assistant City Attorney Klahr said the Charter states that it is an appointment as opposed to an election. Mayor Talabisco asked if there were any objections to following the process they followed in making prior appointments to vacancies. All were in agreement to follow the prior process of filing a vacancy. City Manager Cernech said hearing no objections he will get together with Assistant City Attorney Klahr and City Clerk Teufel. Mayor Talabisco asked City Manager Cernech to get back to the Commission with dates and the procedures so the residents in District 2 will know what will be taking place to -fill the vacancy. There was a brief discussion about the previous appointment process. City Manager Cernech said he will update the Commission at the next regular meeting in two weeks. Mayor Talabisco said if anyone has any questions, to please contact the City Clerk's Office. Assistant City Attorney Klahr reiterated that all of this will not begin Page 7 of 8 Special City Commission Meeting September 12, 2013 CITY OF TAMARAC SPECIAL CITY COMMISSION MEETING THURSDAY, SEPTEMBER 12, 2013 to start taking place until certain issues have been resolved under the actual resignation. There will a little bit of a time lag until everything has been taken care of. 8. Other Business: There being no further business to come before the City Commission, Mayor Talabisco adjourned the meeting at 7:58 p.m. Talabi Patricia Teufe City Clerk Page 8 of 8 Special City Commission Meeting September 12, 2013 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You must disclose orally the nature of your conflict in the measure before participating. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I Beth Flansbaum-Talabisco hereby disclose that on September 12 2013 (a) A measure came or will come before my agency which (check one) �✓ inured to my special private gain or loss; inured to the special gain or loss of my business associate, - ____ inured to the special gain or loss of my relative, inured to the special gain or loss of -- by whom I am retained; or inured to the special gain or loss of __ , which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: On September 12, 2013, the City of Tamarac City Commission, voted to accept the resignation of Commissioner Patte Atkins -Grad and, in furtherance of a public interest, to remit a certain payment to her. The subject matter of the vote was related to criminal charges previously filed against me. The matter before the City Commission constituted an appearance of a conflict under Section 286.012, F.S. and I abstained from voting on the matter. Iq L" I Pk' Date Filed 01yndLUI C NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $101000. CE FORM 8B - EFF. 1 /2000 PAGE 2 FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY. MUNICIPAL. AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIRST NAME -MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Flansbaum-Talabisco, Beth City Commission MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 5215 White Oak Lane WHICH I SERVE IS A UNIT OF: CITY COUNTY ✓OCITY ❑COUNTY []OTHER LOCAL AGENCY Tamarac Broward NAME OF POLITICAL SUBDIVISION: City of Tamarac DATE ON WHICH VOTE OCCURRED MY POSITION IS: September 12, 2013 Z, ELECTIVE APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). * * * * * * * * * * * * * * * * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)