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HomeMy WebLinkAbout2011-10-12 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING WEDNESDAY, OCTOBER 12, 2011 CALL TO ORDER: Mayor Bushnell called the regular meeting of the City Commission to order at 7:04 p.m. on Wednesday, October 12, 2011 in City Commission Chambers, Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, FL 33321. PRESENT: Mayor Pamela Bushnell, Vice Mayor Michelle J. Gomez, Commissioner Marion Swenson, Commissioner Diane Glasser and Commissioner Harry Dressler. ALSO PRESENT: City Manager Michael C. Cernech, City Attorney Samuel S. Goren and City Clerk Peter M. J. Richardson. PLEDGE OF ALLEGIANCE: Vice Mayor Gomez led the Pledge of Allegiance. 1. PROCLAMATIONS AND PRESENTATIONS: a. Presentation of a proclamation by Commissioner Dressler proclaiming October 10 -14, 2011 as "National School Lunch Week". (Requested by Mayor Pamela Bushnell) b. Presentation of a proclamation by Commissioner Swenson proclaiming October 2011 as "Fire Prevention Month". (Requested by Assistant Fire Chief Jeff Moral) 2. CITY COMMISSION REPORTS: a. Commissioner Swenson: Noted that Waste Management was doing a good job of getting new garbage and recycling cans to customers and commencing a new schedule for garbage pick-up. b. Vice Mayor Gomez: Expressed concurrence with Commissioner Swenson that Waste Management was doing a good job of getting new recycling and garbage collection carts to customers. Expressed grateful appreciation to City staff for a very informative update earlier today on financial and other operational matters, including current and forthcoming capital projects. c. Commissioner Glasser: Noted that she had attended the recent grand opening of the new Chase Bank facility at Southgate Boulevard and Pine Island Road. Stated that she had recently attended the meeting of the Broward County Ethics Task Force in order to finalize recommendations to the Broward County Board of Commissioners. Page 1 of 6 REGULAR COMMISSION MEETING October 12, 2011 Commissioner Glasser said Mr. Goren would be updating the Mayor and City Commissioners on this matter later in the meeting. Made note that she had attended the recent installation of officers for the Tamarac Kiwanis Club and had also attended the recent District 3 meeting for interested residents, held at the Kings Point Clubhouse on the evening of October 5tn d. Commissioner Dressler: Stated that he had no report this evening. e. Mayor Bushnell: Welcomed everyone in attendance and noted that a number of City Commissioners and others were wearing at least one pink item in honor of October as Breast Cancer Awareness Month. Expressed appreciation to Commissioner Glasser for recently attending the Broward League of Cities Board of Directors meeting on her behalf. Stated that business activity was quite positive in Tamarac in recent weeks, with three business grand openings, two for medical facilities and the local bank branch opening referenced by Commissioner Glasser during her remarks. Noted that she had attended the recent District 3 meeting at Kings Point, which was also attended by Commissioner Glasser and Vice Mayor Gomez. Stated that she had lunch with school children yesterday in honor of National School Lunch Week. Commended City staff for a very informative and comprehensive quarterly update earlier today. 3. CITY ATTORNEY REPORT: Mr. Goren briefly introduced Matt Remm, his law firm's newest associate, to the Mayor and City Commissioners. Mr. Goren presented an in-depth overview of the Code of Ethics for all elected officials in Broward County, adopted by the Broward County Board of Commissioners yesterday evening. He stated that the Code of Ethics would be effective January 2, 2012. Mr. Goren stated that the acceptance of gifts from lobbyists, regardless of value, was prohibited. He also said that gifts from other sources, with a maximum value of up to $50.00 per occurrence, were permitted. Mr. Goren stated that all outside or concurrent employment by a City Commissioner would need to be disclosed on an annual basis on a form created by the Broward County Attorney's Office and would also need to be filed for public disclosure. He also noted that an exemption provision for this filing requirement would be available to Page 2 of 6 REGULAR COMMISSION MEETING October 12, 2011 persons with salary confidentiality agreements, so long as the applicable City Commissioner's employer filed an applicable statement, under oath, for public inspection, specifying how a violation would result from the required income -related disclosure requirement. Mr. Goren said that an exemption would be added to the Code of Ethics to provide applicable City Commissioners with the ability to not disclose their concurrent/third party annual income through the end of their current term of office. Commissioner Dressler noted that he had not been able to attend the Broward County Commission meeting earlier today and had literally flown in about an hour ago in order to fulfill the oath and obligation he had taken when he was elected to his office as a City Commissioner in Tamarac. Commissioner Dressler said he did not think that the County Commission had more power than a judge or the IRS to compel the disclosure of one's individual income. He said the County Commission's decision meant that he had to choose between remaining as an elected official or keeping private information confidential. Commissioner Dressler said he did not think that this was legally right. Commissioner Dressler said he would rely on the Florida Supreme Court or the United States Supreme Court to opine on this matter, or seek other legal redress, in concert with other concerned parties. Mr. Goren also noted that the City of Tamarac would need to adopt an ordinance relative to lobbyist registration procedures and related matters in the near future. Mr. Goren also briefly reviewed elements of the Broward County Ethics Code relative to: (1) charitable activities of local elected officials and City sponsored events, (2) the ability of local elected officials to request legal opinions from their applicable legal counsel and (3) new continuing education requirements for local elected officials relative to public service ethics matters. Mr. Goren noted that certain elements of the memorandum before the City Commission on these matters would also require some significant in-depth analyses. Commissioner Dressler stated that the City of Tamarac had long had a very stringent ethics code, but that there was no way to publicly legislate matters of personal morality. Commissioner Dressler said that he had a personal policy of never meeting with lobbyists. Mr. Goren noted that he would keep the Mayor and City Commissioners apprised about this matter and would share a final draft of the ordinance and applicable documents from the Broward County Attorney's Office once such documents became available in the future. He also said that the Broward County Commission was in the process of preparing a similar ethics ordinance governing the activities of board and committee members and City staff members of local governments in Broward County. Mayor Bushnell expressed grateful appreciation to Mr. Goren and Commissioner Glasser for all of the hours that they spent focused on the Broward County Code of Ethics for local elected officials. 4. CITY MANAGER REPORT: Mr. Cernech invited interested persons to visit the web site "mywaterpledge.com" and vote for the City of Tamarac. Mr. Cernech also reported that the City's Financial Services Department was the recipient of the Government Finance Officers Association Certificate for Excellence in Financial Reporting for the twenty-third consecutive year in a row. He congratulated Financial Services Director Mark Mason and his staff for a job well done. Page 3 of 6 REGULAR COMMISSION MEETING October 12, 2011 Mr. Cernech noted that University Hospital, in cooperation with the City of Tamarac, would be offering free flu shots on a first -come, first -served basis for Tamarac residents on Thursday, October 20t" between 10.00 a.m. and 12 Noon at Tamarac Hospital. He also stated that the inaugural Tamarac Community Farmer's Market event would be taking place this Sunday, October 16t", beginning at 10:00 a.m. at Tamarac Park, 7501 University Drive, with the market being open for business on the first and third Sunday of each month, between 9:00 a.m. and 2:00 p.m. and the second and fourth Wednesday of each month, between 4:30 p.m. and 8:30 p.m. at Tamarac Park. Mr. Cernech noted that the Ghurka Cigar Company would be initiating a corporate relocation, involving twenty-five to thirty jobs, mainly management and higher level positions, to a 30,000 square foot facility in the Tamarac Corporate Park in the near future. He said the project would be receiving expedited permits, inspections and processing, but would not involve any financial incentives. Mr. Cernech said the new business would be opening in Tamarac during February 2012. Finally, Mr. Cernech stated that the Taste of Tamarac event would be taking place on Saturday, October 29, beginning at 11:30 a.m., at the Tamarac Community Center. 5. PUBLIC PARTICIPATION: Lana Murdoch, a resident of the Greenbriar subdivision, requested the possible installation of a motion detection light device near the canal on 75tn Street as a deterrent for potentially disruptive activities. 6. CONSENT AGENDA: Mayor Bushnell asked Mr. Cernech whether there were any changes or additions to the Consent Agenda. Mr. Cernech said that there were no changes or additions to the Consent Agenda. Vice Mayor Gomez moved, seconded by Commissioner Dressler, to approve the consent agenda as presented. The motion was approved unanimously (5-0). a. APPROVAL OF THE SEPTEMBER 28, 2011 REGULAR COMMISSION MEETING MINUTES APPROVED b. TR12101 - PURCHASE AND INSTALLATION OF MUSCO LIGHT -STRUCTURES GREEN SYSTEMS AT THE TAMARAC SPORTS COMPLEX: A Resolution of the City Commission of the City of Tamarac, Florida, approving the purchase and installation of Sports Cluster Green Musco Lighting systems at a cost not to exceed $202,120.00, utilizing the Clay County Contract No. 08/09-3 for the high energy -saving lighting fixtures project located at the Tamarac Sports Complex; approving funding from the appropriate grant accounts; authorizing budget amendments for proper accounting purposes; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2011-117 c. TR12102 - HOLD HARMLESS AGREEMENT BETWEEN THE CITY OF TAMARAC AND UNIVERSITY HOSPITAL - 2011 FLU SHOTS: A Resolution of the City Commission of the City of Tamarac, Florida authorizing the appropriate City Officials to execute a Hold Harmless Agreement between the City of Tamarac and University Hospital relating to University Page 4 of 6 REGULAR COMMISSION MEETING October 12, 2011 Hospital donating and administering two hundred (200) free flu shots to Tamarac residents and City employees at the Tamarac Community Center on a date to be determined. RESOLUTION R-2011-118 d. TR12097 - JUSTICE ASSISTANCE GRANT (JAG) AWARD: A Resolution of the City Commission of the City of Tamarac, Florida, approving the Memorandum Of Understanding between the City of Tamarac and the Broward Sheriff's Office for the 2011 Edward Byrne Memorial Justice Assistance Grant (JAG); authorizing the appropriate City Officials to execute the Memorandum Of Understanding; authorizing the Broward Sheriff's Office to continue to serve as the lead agency providing for the administration of the 2011 Edward Byrne Memorial Justice Assistance Grant (JAG); providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2011-119 7. REGULAR AGENDA: a. UPDATE REGARDING COLONY WEST DUE DILIGENCE: Community & Economic Affairs Officer Andy Berns made staff's presentation. Mayor Bushnell opened the meeting for public participation. Ellis Donsky, 7715 Southampton Terrace, spoke about the possibility of upgrading the golf course facilities to include a net -less golf driving range, as well as some other alternative uses, including ponds for fishing and other quiet activities. With no one else wishing to speak, Mayor Bushnell closed the public participation portion of the item. 8. ORDINANCE(S) -- FIRST READING: There were no Ordinance(s) First Reading scheduled for this meeting. 9. PUBLIC HEARING(S): There were no Public Hearing(s) scheduled for his meeting. 10. ORDINANCE(S) —SECOND READINGS: a. T02228 - CODE AMENDMENT - CHAPTERS 14 & 24: Motion to adopt an Ordinance of the City Commission of the City of Tamarac, Florida, on second reading amending Chapter 24, Article V entitled "Off -Street Parking and Loading" and Chapter 14, Article II entitled "Motor Vehicles and Traffic" of the Code of Ordinances of the City of Tamarac, Florida, providing for codification; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Goren read T02228 by title. Vice Mayor Gomez moved, seconded by Commissioner Swenson, to approve T02228 on second reading. The motion was approved unanimously (5-0). PASSED ON FIRST READING SEPTEMBER 28, 2011 PASSED ON SECOND READING OCTOBER 12, 2011 0-2011-16 11. QUASI-JUDICIAL HEARING(S): There were no Quasi -Judicial Hearing(s) scheduled for this meeting 12. OTHER: There being no further business to come before the City Commission, Mayor Bushnell adjourned the meeting at 8:23 p.m. Page 5 of 6 REGULAR COMMISSION MEETING October 12, 2011 p4waL zL( Pamela Bus nell, Mayor Peter M. J. Richarllon, tRM, CIVIC City Clerk ���• Of TA MA9'/��': : ESTABLISHED o 1963 zz --- _O. SEAL 0: fl 1 Page 6 of 6 REGULAR COMMISSION MEETING October 12, 2011