No preview available
HomeMy WebLinkAbout2011-11-09 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING WEDNESDAY, NOVEMBER 9, 2011 CALL TO ORDER: Mayor Bushnell called the regular meeting of the City Commission to order at 7:07 p.m. on Wednesday, November 9, 2011 in City Commission Chambers, Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, FL 33321. PRESENT: Mayor Pamela Bushnell, Commissioner Marion Swenson, Commissioner Diane Glasser and Commissioner Harry Dressler. ABSENT: Vice Mayor Michelle J. Gomez ALSO PRESENT: City Manager Michael C. Cernech, City Attorney Samuel S. Goren and Assistant City Clerk Patricia Teufel. PLEDGE OF ALLEGIANCE: Commissioner Dressler led the Pledge of Allegiance. 1. PROCLAMATIONS AND PRESENTATIONS: a. Broward Outreach Center "No One Hungry Day" Proclamation (Requested by Mayor Pamela Bushnell) 2. CITY COMMISSION REPORTS: a. Commissioner Swenson: Wished everyone a Happy Thanksgiving and reminded everyone that school will be out that entire week and to please drive carefully. Commissioner Swenson said she has observed quite a few individuals jay walking and spoke of the inherent dangers of jay walking. b. Vice Mayor Gomez: Absent c. Commissioner Glasser: Said she recently attended an event at Kings Point, met with constituents and received a lot of good feedback; attended a University Hospital Board meeting and Tamarac is now in the process of working with University Hospital to help them with new and more visible signage; attended Vice Mayor Gomez's District 2 Neighborhood Meeting at Challenger School, along with City Manager Cernech and all of the department directors; missed the most recent Broward League of Cities meeting on Ethics, however, City Attorney Goren attended and he will update everyone when he gives his report and just this afternoon she attended the Kings Point Hadassah luncheon. Commissioner Glasser said she believes she was not elected to just represent District 2 and when she votes, she votes for what is in the best interest of the City of Tamarac as a whole. Commissioner Glasser wished everyone a Happy Holiday season. d. Commissioner Dressler: Stated that he completed the Trustee's Master Program with the International Federation of Public Pension Plans as part of his fiduciary duties as a Tamarac Pension Trustee. Noted that he found it to be interesting to meet with people from all over the country and to hear about their experiences, not just with managing the assets in their Page 1 of 7 REGULAR COMMISSION MEETING November 9, 2011 pension portfolios, but some of the changes on the legal side of the ledger. He will be passing this information on to his fellow trustees at the next General Employee Pension meeting. Commissioner Dressler wished everyone a happy and healthy Thanksgiving and said that we as Americans have a great deal to be thankful for. e. Mayor Bushnell: Thanked BSO for attending a neighborhood meeting with her last evening and how they handled the recent flooding situation. Mayor Bushnell attended the employee Chili and Dessert Cook -off earlier today that helped raise money for United Way. Mayor Bushnell invited everyone to attend the Veteran's Day ceremony on Friday. at 10:30 a.m. at Veteran's Park located on the corner of Southgate Blvd. and University Drive. Lastly, she wished everyone a Happy Thanksgiving. 3. CITY ATTORNEY REPORT: City Attorney Goren said that the Ethics Task Force met on Monday and one of the issues that need to be clarified is that there is an annual disclosure obligation for employment compensation. The law becomes effective on January 2, 2012 and the question is when does the obligation to disclosure accrue and when does the code require filing the form that is yet to be prepared by the County Attorney's staff. This morning they spoke with Drew Meyers and he said the obligation accrues on the 2"d of January to actually commence the accumulation of whatever funds there would be to report, but the actual form itself would not be filed until the end of the year. Theoretically, you would not have to file your disclosure for the year beginning January 2, 2012 until January 2013. Hopefully the county will prepare the form and make it available shortly. The second issue discussed by the Ethics Task force was online filing of certain disclosure forms. The League has offered up its website for the filing of the disclosure forms. Surprisingly there are some Broward cities that are not members of the League and the question is should the League charge for that service or simply deny non members access. This is an open question that will be decided at the next Board meeting. Lastly, as an outgrowth to the county Ethics Code's implications beginning in January 2012, we have a walk on to the agenda which is a lobbyist registration ordinance. This ordinance tracks the county Ethics Code, it is as simple as it we can get at this time and if need be, will be tweaked between first and second reading, but in order to be in compliance by January 2"d we have to get something on the books by December. This is our best attempt to track the new Ethics Code and to reflect on a two step process. Lobbyists have to actually register with the City, they will file a document with the City Clerk's Office, and they will pay a fee, which will be established by a separate resolution. Lobbyists must disclose their clients at the time of registration; however, they can supplement their registration at a future time without having to pay an additional fee. If a lobbyist visits you in city hall, the burden is on them to file the disclosure that they have met with you. If you meet a lobbyist off site, not in city hall, the burden will be on you to file the form. This will be discussed more fully at the seminar on November 18th. City Attorney Goren said he was a speaker. last Friday at the FAU Institute of Government 5th Annual Public Corruption Seminar and preceding his presentation on the Broward County Ethics Code was the Palm Beach County Inspector General Sheryl Steckler and that office has 61 people working there, some of whom were in the room to listen. So bear in mind that if you have a minimal insignificant exchange at a function you do not know who is listening which then becomes the challenge for all of us. Page 2 of 7 REGULAR COMMISSION MEETING November 9, 2011 �. Also, City Attorney Goren said he expects a draft copy apply to city employees sometime within the next 30 assistance in providing any comments to the county employees that might be helpful for city employees. of the County Ethics Code that will days. Drew Meyers did ask for ordinance that applies to county There was a general discussion and City Attorney Goren responded to the Commission's questions and concerns. Commissioner Dressler said that if the Broward League of Cities participates in posting these forms on their website he will ask the City to secede from that organization, because they will be in collusion with an unconstitutional tyrannical county government. City Attorney Goren said that they may bring this ordinance back with some tweaks between first and second reading, but the lobbying ordinance as proposed tracks the county ordinance, it protects Tamarac's interest, it does provide for certain responsibilities and obligations and hopefully is a source of comfort in protecting you from third parties that would assail you. City Attorney Goren wished everyone a happy and healthy Thanksgiving. 4. CITY MANAGER REPORT: City Manager Cernech wished everyone a happy Thanksgiving. City Manager Cernech said the City's Executive Team met yesterday at the Recreation Center and spent the day preparing for the Strategic Planning session coming up with the Commission after the first of the year. We will have a proposed revised Strategic Plan that is consistent with the goals that you want to accomplish as the governing body. Noted that an estimated 800 people attended the Halloween Hoopla event on Saturday, October 29th at the Multipurpose Center. City Manager Cernech invited everyone to attend the Veteran's Day Ceremony on Friday, November 11th at 10:30 am at Veteran's Park, located at University Drive and Southgate Boulevard. There will be a special guest speaker and the traditional wreath laying ceremony. He invited everyone to come out for the 31 st annual Turkey Trot on Thursday, November 24th at 8:30 am at City Hall. City Manager Cernech said there will be a Paws & Claws Holiday "Pawty" at the Gary B. Jones Park for People and Pups on Saturday, December 3rd from 9:00 am to 12:00 pm and the Holiday Lighting event will take place at the Community Center on Wednesday, December 7th at 6:00 pm 5. PUBLIC PARTICIPATION: Mayor Bushnell opened the public participation and with no one wishing to speak, closed public participation. 6. CONSENT AGENDA: Mayor Bushnell asked Mr. Cernech whether there were any changes or additions to the Consent Agenda. Mr. Cernech said that item No. 6 (b) TR12109 has been amended pursuant to discussion at the November 7, 2011 workshop to reflect the Page 3 of 7 REGULAR COMMISSION MEETING November 9, 2011 selection of Diane Glasser as Vice Mayor for the period beginning November 16, 2011 and ending November 2012. Commissioner Dressler moved, seconded by Commissioner Aowmft Swenson, to approve the consent agenda with item 6 (b) TR12109 as amended. The motion was approved unanimously (4-0). a. APPROVAL OF THE OCTOBER 26, 2011 REGULAR COMMISSION MEETING MINUTES APPROVED b. TR12109 ELECTION OF A VICE MAYOR: A Resolution of the City Commission of the City of Tamarac, Florida, electing a Vice Mayor to serve a term of one year beginning November 16, 2011 and ending November 2012, with no succession; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2011-128 c. TR 12113 - SPORTS COMPLEX AMENITY IMPROVEMENT PROJECT: A Resolution of the City Commission of the City of Tamarac, Florida, awarding Bid No. 11-26B to and approving an agreement with Lanier Plans, Inc., d/b/a Korkat, Inc., for the Tamarac Sports Complex Amenity Improvements Project, located at 9901 NW 77th Street, in accordance with Bid No. 11-26B for a contract amount of $72,143.38; a contingency in the amount of $6,481.62 will be added to the project account, for a total project budget of $78,625; authorizing an expenditure from the appropriate accounts; authorizing budget amendments for proper accounting purposes; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-201.1-129 d. TR12119 WATER TREATMENT PLANT EMERGENCY GENERATOR REPLACEMENT PROJECT - TASK AUTHORIZATION NO. 11-04E: A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to execute Task Authorization No. 11-04E with Eckler Engineering, Inc., to provide professional services for the design of a new Emergency Generator Replacement Project at the Water Treatment Plant in the amount of $82,000, the design for replacement of the existing SCADA PLC at Tract 27 and Grant's Plaza in the amount of $7,000, and the design for Rehabilitation of the Above -Ground Diesel Tank at Grant's Plaza in the amount of $3,000; including preparation of detailed plans and specifications followed by permitting and bidding assistance, in accordance with the City's Consulting Engineering Agreement as authorized by Resolution No. R-2011-87, for an amount not to exceed $92,000.00; approving funding from the appropriate budgeted accounts within the Utilities Renewal and Replacement fund; authorzing the appropriate City Officials to administer the contract; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2011-130 e. TR 12116 - PURCHASE OF AQUATIC PLANT CHEMICALS UTILIZING SE FLORIDA COOPERATIVE PURCHASE AGREEMENT: A Resolution of the City Commission of the City of Tamarac, Florida approving the purchase of horticultural chemicals utilizing the Southeast Florida Governmental Purchasing Cooperative Contract B-11-42; authorizing purchase of the horticultural chemicals in the quantities needed per Contract B-11-42 not to exceed approved budget for said purpose; authorizing an expenditure from the appropriate accounts; Page 4 of 7 REGULAR COMMISSION MEETING November 9, 2011 authorizing budget amendments as needed for proper accounting purposes; providing for _. conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2011-131 f. TR 12103 - CITY HALL ROOF REPLACEMENT: A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the utilization of existing Contract No. 07-C-071 awarded to Roof Doctors — South Florida, Inc., by the City of Coral Springs to provide various roofing services, for the roof replacement at City Hall, for an amount not to exceed $261,100; a contingency in the amount of $38,900, for a total project budget of $300,000; authorizing an expenditure from the appropriate accounts; authorizing budget amendments as needed for proper accounting purposes; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2011-132 g. TR 12120 FPE UNION CONTRACT RENEWAL — 2011: A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City officials to execute an agreement with the Federation of Public Employees, a division of the National Federation of Public and Private Employees affiliated with District 1 - MEBA (AFL-CIO) for the period from October 1, 2011 through September 30, 2014; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2011-133 7. REGULAR AGENDA: There were no Regular Agenda items scheduled for this meeting. 8. ORDINANCE(S) — FIRST READING a. T02235 - ZONING IN PROGRESS Motion to adopt an Ordinance of the City Commission of the City of Tamarac, Florida, on first reading amending Chapter 24, entitled "Zoning," by Amending Article ll, entitled "Administration"; by specifically creating Division 6, to be entitled "Zoning in Progress"; providing for procedures and criteria for declaring Zoning in Progress as to Zoning Regulations citywide and/or within designated overlay districts; providing for codification; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Goren read T02235 by title. Commissioner Glasser moved, seconded by Commissioner Swenson moved approval of T02235 on First Reading. City Attorney Goren gave an overview of the proposed ordinance. Motion passed unanimously (4-0) PASSED ON FIRST READING NOVEMBER 9, 2011 Mayor Bushnell asked if there was anything to be added to Ordinances — First Reading. City Attorney Goren said that as discussed at the November 7, 2011 Workshop T02237 — Lobbyist Registration Regulations Ordinance is being added to the Agenda as item 8 (b). City Attorney Goren read T02237 by title. Commissioner Dressler moved, seconded by Commissioner Swenson to add T02237 to the Agenda as item 8 (b). Page 5 of 7 REGULAR COMMISSION MEETING November 9, 2011 Commissioner Dressler said that the worst thing in the world to be is to be inconsistent. Even though he promotes the highest standards of ethical conduct and he has sought as much transparency in government as is possible, and he is on the record as being in favor of lobbyist registration regulations, he is opposed to anything correlated or connected to what he believes is an unconstitutional mandate imposed upon municipalities by the county commission. It is not transparency when someone is being investigated and they are not informed that they are being investigated or when someone is listening to your conversations or making notes or creating a file on you subsequent to an investigation. Based upon this and based upon his belief that the county code is unconstitutional and for reasons of being consistent, he will be a no vote on this ordinance. Motion passed unanimously (4-0) to add T02237 to the Agenda as item 8 (b). Commissioner Dressler moved, seconded by Commissioner Swenson, approval of T02237 on First Reading. City Attorney Goren gave on overview of the ordinance and said that we must have this ordinance in place by January 2, 2012 in order to be in compliance with the Broward County Ethics Code. Motion passed (3-1) with Commissioner Dressler voting no. PASSED ON FIRST READING NOVEMBER 9, 2011 9. PUBLIC HEARING(S): There were no Public Hearing items scheduled for this meeting. 10. ORDINANCE(S) —SECOND READINGS a. T02234 - FY 2011 FINAL BUDGET AMENDMENT: Motion to adopt an Ordinance of the City Commission of the City of Tamarac, Florida, on second reading amending Ordinance 2011-05, which amended the City of Tamarac Operating Budget, Revenues and Expenditures and the Capital Budget for the Fiscal Year 2011, by increasing the total revenues and expenditures by a total of $1,286,489 as detailed in Exhibit A attached hereto; providing for conflicts; providing for severability; providing for an effective date. City Attorney Goren read T02234 by title. Commissioner Dressler moved, seconded by Commissioner Glasser approval of T02234 on Second Reading. Mayor Bushnell opened the public hearing and with no one wishing to speak closed the public hearing. Motion passed unanimously (4-0) PASSED ON FIRST READING OCTOBER 26, 2011 PASSED ON SECOND READING NOVEMBER 9, 2011 ORDINANCE NO. 0-2011-16 11. QUASI-JUDICIAL HEARING(S): There were no Quasi -Judicial items scheduled for this meeting. Page 6 of 7 REGULAR COMMISSION MEETING November 9, 2011 12. OTHER: There being no further business to come before the City Commission, Mayor Bushnell adjourned the meeting at 7:49 p.m. po"v I,L it a 4� Pamela Bushnell, Mayor Assistant Lity LIerK w A ESTABLISHED ' cC 1963 •� Z SEAL Iwo Page 7 of 7 REGULAR COMMISSION MEETING November 9, 2011