HomeMy WebLinkAbout2011-03-23 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
WEDNESDAY, MARCH 23, 2011
CALL TO ORDER: Mayor Bushnell called the regular meeting of the City Commission
to order at 9:06 a.m. on Wednesday, March 23, 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
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: Mayor Pamela Bushnell led the Pledge of Allegiance and
requested a moment of silence in memory of Ron Hawthorn and a moment of silence
for the people of the nation of Japan.
1. PROCLAMATIONS AND PRESENTATIONS:
a. Presentation of a check in the amount of $11,428.28 to the Mayor and Commission
by Carole Morris of the South Florida Water Management District for the 2011 Water
savings Incentive Program Grant. (Requested by Utilities Director Ray Gagnon)
b. Presentation of a proclamation by Mayor Pamela Bushnell proclaiming April 2011 as
"Water Conservation Month". (Requested by Laboratory Manager Fran Oney)
c. Presentation of a proclamation by Mayor Pamela Bushnell proclaiming May 15 - 21,
2011 as "National Public Works Week". (Requested by Public Works Director Jack
Strain)
d. Presentation of a proclamation by Mayor Pamela Bushnell proclaiming April 2 - April
3, 2011 as "Relay for Life Days". (Requested by Drue Landers, American Cancer
Society Relay for Life Tamarac, Chairperson)
2. CITY COMMISSION REPORTS:
a. Vice Mayor Gomez: Stated that the recent memorial service in honor of Ron
Hawthorn was a wonderful display of emotion and humor. She expressed hope
that people could learn from Mr. Hawthorn's example as a business and
community leader in Tamarac. She also noted that it had been her pleasure to
attend the recent luncheon meeting of the Northwest Council of Elected Officials,
with the discussion focusing on the anticipated legislative agenda. Vice Mayor
Gomez, also noted that she had recently attended the three-day Institute of
Elected and Municipal Officials seminar for newly elected or appointed officials.
Vice Mayor Gomez said that the City of Tamarac was doing a great job and she
was very proud of our city. Finally, she extended congratulations to all of the
Page 1 of 6 REGULAR COMMISSION MEETING March 23, 2011
members of BSO Explorer Post i for winning First Place as the best Overall Post
at the recent South Florida Council Learning for Life Law Enforcement Explorer
Conference. Vice Mayor Gomez also expressed grateful appreciation to Mayor
Bushnell for all of her efforts relative to the upcoming Pet Blessing event this
Saturday at Gary B. Jones Park.
b. Commissioner Glasser: Noted that she had also attended the Northwest
Council of Elected Officials luncheon meeting along with Vice Mayor Gomez.
Commissioner Glasser also thanked the City Manager, Assistant City Manager,
department heads and other City staff for attending and responding to citizen's
concerns and questions at the District 3 meeting this past Wednesday evening at
King's Point. Commissioner Glasser expressed hope that more people would
attend the upcoming concert of the evening of April 15t" at the Sports Complex
facility.
c. Commissioner Dressler: Reported that it had been his pleasure to serve as
Chairperson of the Broward League of Cities By -Laws Committee throughout the
process to produce and adopt a much cleaner set of by-laws for the organization.
He also noted that a neighborhood meeting would be held in District 4 on
Tuesday, April 26t" to outline a proposed neighborhood sign partnership
program. Commissioner Dressler said that he was pleased to have City staffs
support in moving ahead with this vital community initiative. Finally,
Commissioner Dressler reported that the overall national economy appeared to
be gaining positive traction, although the recent events in Japan were casting a
pall on capital markets and the municipal bond market, directly impacting state
and municipal governments. Commissioner Dressler noted that the City of
Tamarac had a AA- bond rating and the City's pension funds were very well
managed, with pension trusts being properly funded. Mayor Bushnell
commended Commissioner Dressler for his efforts in chairing the By -Laws
Committee of the Broward League of Cities.
d. Mayor Bushnell: Noted that she had attended all three of the District meetings to
date, with each district having its own unique concerns, challenges and character.
Mayor Bushnell also stated that some special meetings were scheduled over the
next few weeks about various infrastructure -related improvements and bike
paths, including the first phase of Monterey Park and proposed improvements to
Commercial Boulevard. Mayor Bushnell also noted that the City Commission had
held a workshop yesterday relative to water and wastewater rates. She
commended all of the staff of the City's Utilities Department for providing
excellent services on a continuous basis. Finally, Mayor Bushnell invited all
interested persons to attend the Pet Blessing event this Saturday morning at Gary
B. Jones Park for People and Pets on Southgate Boulevard.
3. CITY ATTORNEY REPORT: Mr. Goren noted that Mr. Cernech would be requesting
the addition of an item to the consent agenda relative to a property acquisition matter.
Mr. Goren also reported that the Broward County Inspector General Committee, which
he chairs, would be interviewing eight (8) applicants for the position on April 16t". Mr.
Page 2 of 6 REGULAR COMMISSION MEETING March 23, 2011
Goren said that the Committee hoped that the final selection would be made by the end
of April. Mr. Goren also noted that Vice Mayor Gomez would be recusing herself from
the item on the consent agenda this evening relative to her donation of a golf cart to the
City of Tamarac. He also stated that Vice Mayor Gomez had filed a Form 813,
consistent with Florida Statute requirements, relative to this matter. Finally, Mr. Goren
said that he would be pleased to keep the Mayor and City Commission apprised about
the status of proposed legislation being considered during the present session of the
Florida legislature.
4. CITY MANAGER REPORT: Mr. Cernech stated that the South Florida Water
Management District declaration relative to water restrictions did not affect anything
presently in process in the City of Tamarac. Mr. Gagnon noted that water restrictions
were presently in the second level of severity, meaning that watering was permitted two
days per week, dependent upon the applicable property address. Mr. Cernech also
reported that two (2) applicants had submitted applications for the District 1 City
Commission seat as of this morning. Mr. Cernech also extended congratulations to the
staff of the Accounting Division of the Finance Department, under the leadership of
Finance Director Mark Mason, for their assistance in the City receiving an excellent
CAFR (audit report) for 2010.
Mr. Cernech stated that a "Shred-a-thon" event would be held on Saturday, April gtn
between 9:00 and 12 Noon at Tamarac City Hall. He also reported that staff in the
Community Development Department had begun contact with local financial institutions
relative to the acquisitions process for the latest round of the Neighborhood Stabilization
Program (NSP). Mr. Cernech stated that the Fire Department had recently concluded
an exhaustive selection process relative to the promotion of two Battalion Chiefs. He
invited all interested persons to attend the performance of the Now and Then Band on
the evening of Friday, April 15t" at the Tamarac Sports Complex, the Pet Blessing event
on the morning of Saturday, March 26t" at Gary B. Jones Park, and the Relay for Life
Tamarac events on Saturday, April 2nd at University Hospital on University Drive.
5. PUBLIC PARTICIPATION: None.
6. CONSENT AGENDA:
Consistent with Mr. Goren's earlier remarks regarding Item 6c, Commissioner Dressler
moved, seconded by Commissioner Glasser, to remove item 6c from the Consent
Agenda for separate consideration. The motion was approved unanimously (4-0). Mr.
Goren read the title of Temporary Resolution 11996 (Item 6c) into the meeting record.
Commissioner Glasser moved, seconded by Commissioner Dressler, to approve item
6c. The motion was approved by a vote of 3-0, with Vice Mayor Gomez abstaining.
Vice Mayor Gomez's original, signed Form 8B is on file in the City Clerk's Office.
c. TR11996 - GOLF CART DONATION: A Resolution of the City Commission of the City
of Tamarac, Florida, authorizing the appropriate City officials to accept a donation of a
used club car golf cart valued at approximately $1,500.00 from Michelle Gomez, Vice
Page 3 of 6 REGULAR COMMISSION MEETING March 23, 2011
Mayor, for use at City special events, programs and activities; providing for conflicts;
providing for severability; and providing an effective date.
RESOLUTION R-2011-27
Mayor Bushnell inquired whether there were any additions or deletions to the Consent
Agenda. City Manager Cernech requested the addition of Item 6g to this morning's
agenda.
Commissioner Dressler moved, seconded by Commissioner Glasser, to approve the
balance of the Consent Agenda, as amended (Items 6a, 6b, 6d-6g). The motion was
approved unanimously (4-0).
a. APPROVAL OF THE MARCH 9, 2011 REGULAR COMMISSION MEETING
MINUTES: APPROVED
b. TR11993 - AUTHORIZING FOUR WEEK VACATION FOR MAYOR AND
COMMISSION: A Resolution of the City Commission of the City of Tamarac, Florida,
authorizing a four week consecutive period (July 17, 2011 — August 14, 2011) during
which time the City Commission will not schedule any regular meetings pursuant to
Section 4.06 (a) of the City Charter; providing for conflicts; providing for severability; and
providing an effective date.
RESOLUTION R-2011-28
d. TR11997 - SNOWMOBILE USE BY NORTH LAUDERDALE: A Resolution of the City
Commission of the City of Tamarac, Florida, approving a request by the City of North
Lauderdale for use of the City's Showmobile on Saturday, April 16, 2011, for their "North
Lauderdale Days" event being held April 15-16, 2011; providing for proper insurance
and execution of lease agreement for equipment; providing for conflicts; providing for
severability; and providing for an effective date.
RESOLUTION R-2011-29
e. TR12006 - HYPOTHERMIA INDUCTION KITS PURCHASE: A Resolution of the City
Commission of the City of Tamarac, Florida, approving Request for Bid No. 11-07B and
awarding the purchase of hypothermia induction kits to Bound Tree Medical, LLC at a
cost not to exceed forty-three thousand eight hundred fifty five dollars ($43,855), under
a Broward County Emergency Medical Services (EMS) grant, as part of the State EMS
County Grant Fund; providing for conflicts; providing for severability; and providing for
an effective date.
RESOLUTION R-2011-30
f. TR12002 - PUMP STATIONS 2A1 AND 26 REHAB - BID NO. 11-09B: A Resolution
of the City Commission of the City of Tamarac, Florida, awarding Bid No. 11-09B to
Akerblom Contracting, Inc., and authorizing the appropriate City Officials to execute the
agreement between the City of Tamarac and Akerblom Contracting, Inc., for an amount
of $201,126.00, for the Pump Station 2A1 and 26 Rehabilitation Project; a Contingency
in the amount of $20,000.00 will be added to the project account for a total amount of
$221,126.00; approving funding from the appropriate Utilities Operational accounts;
Page 4 of 6 REGULAR COMMISSION MEETING March 23, 2011
authorizing the appropriate City Officials to administer the contract; providing for
conflicts; providing for severability; and providing for an effective date.
RESOLUTION R-2011-31
g. TR12008 — SECOND AMENDMENT TO AGREEMENT FOR PURCHASE AND
SALE OF REAL PROPERTY: A Resolution of the City Commission of the City of
Tamarac, Florida approving and authorizing the execution of the Second Amendment to
the Agreement for the purchase and sale of real property between the City of Tamarac
and M&M South Properties, LLC; authorizing and directing the appropriate City Officials
to take any and all action necessary and expedient to effectuate the intent of this
Resolution; providing for conflicts; providing for severability; providing for an effective
date. RESOLUTION R-2011-32
7. REGULAR AGENDA:
a. TR11998 - PALMS MEDICAL CAMPUS: 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 Palms Medical Campus project, requested by Courtyard Joint Venture
(Mark Hingson), designated agent for the property owner Courtyard Properties (Joseph
Vitolo), (Case No.6-SP-11) providing for conditions of approval; providing for conflicts;
providing for severability; and providing for an effective date. City Attorney Goren read
TR11998 by title. Commissioner Dressler moved, seconded by Vice Mayor Gomez, to
approved TR11998. The motion was approved unanimously (4-0).
RESOLUTION R-2011-33
b. TR11999 - MERRILL GARDENS: 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 EPP Tech Associates, Inc., (Edward P.
Ploski), Designated Agent for the property owner, Tamarac Acquisitions, LLC., (Case
No. 5-SP-11); providing for conditions of approval; providing for conflicts; providing for
severability; and providing for an effective date. City Attorney Goren read TR11999 by
title. Commissioner Dressler moved, seconded by Commissioner Glasser, to approve
TR11999. The motion was approved unanimously (4-0).
RESOLUTION R-2011-34
8. ORDINANCE(S) — FIRST READING: There were no Ordinance(s) — First Reading
items scheduled for this meeting.
9. PUBLIC HEARING(S): There were no Public Hearing(s) items scheduled for this
meeting.
10. ORDINANCE(S) SECOND READINGS:
a. T02221 - EXPEDITED PERMITTING FOR QUALIFIED BUSINESSES: Motion to
adopt an Ordinance of the City Commission of the City of Tamarac, Florida on second
reading amending Chapter 5 of the City's Code of Ordinances, entitled_ "Buildings and
Building Regulations" by creating Section 5-35, to be entitled "Expedited Permitting for
Page 5 of 6 REGULAR COMMISSION MEETING March 23, 2011
Qualified Businesses"; providing an expedited permitting process for certain qualified
new, expanding or relocating businesses; providing for codification; providing for
conflicts; providing for severability; and providing for an effective date. City Attorney
Goren read T02221 by title. Commissioner Dressler moved, seconded by Vice Mayor
Gomez, to approve T02220 on second reading.
Mayor Bushnell opened the public hearing and with no one wishing to speak, closed the
public hearing.
The motion to approve T02221 was approved unanimously (4-0).
PASSED ON FIRST READING MARCH 9, 2011
PASSED ON SECOND READING MARCH 23, 2011
ORDINANCE 0-2011-04
11. QUASI-JUDICIAL HEARING(S):
a. "GENERIC DEPOT" - BUSINESS LICENSE TAX RECEIPT: Action taken by the City
Commission, of the City of Tamarac, Florida permanently revoking the Business
License Tax Receipt of Generic Depot 3, Inc., ("Generic Depot") located at 8225 North
Pine Island Road, Tamarac, Florida, in accordance with Section 12-44 (a) and (b) of the
City of Tamarac Code of Ordinances.
Mr. Goren read the title of the item and requested that consideration of the matter be
deferred to the April 13, 2011 City Commission meeting, to permit City staff to continue
their due diligence in meeting with counsel and representatives for Generic Depot 3.
Commissioner Dressler moved, seconded by Vice Mayor Gomez, to defer the matter to
the April 13, 2011 City Commission meeting. The motion was approved unanimously
(4-0).
DEFERRED FROM THE JANUARY 26, 2011 MEETING TO THE MARCH 9, 2011
MEETING.
DEFERRED FROM THE MARCH 9, 2011 MEETING TO THE MARCH 23, 2011
MEETING
DEFERRED FROM THE MARCH 23, 2011 MEETING TO THE APRIL 13, 2011
MEETING
12.OTHER: None.
There being no other business to come before the City Commission, Mayor Bushnell
adjourned the regular meeting of the City Commis 'on at 10:18 a.m.
It
Pamela Bushnell, Mayor
Peter Rich soya, RM, CMC
City Clerk
Page 6 of 6 REGULAR COMMISSION MEETING March 23, 2011
FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LA NAME -FIRST NAME -MIDDLE NAME NAME OF BOARD COUNCIL, C11OMMI SION, AUTHORITY, OR COMMITTEE
�� P a ✓Z L
MAILINGADDRESS I
THE BOARD, COUNCIL, COMM19SIO14, AUTHORITY OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
��HI�
CITY- COUNTY �"'N ❑COUNTY []OTHER LOCAL AGENCY
NAME OF POLIT L SUBDIV SION: _
DATE ON WHICH VOTE OCCURRED MY POSITION IS.
Wlll OCUIr �3 (tea j ❑ ELECTIVE [APPOINTIVE
WHO MUST FILE FORM 8B
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).
* w * w w * . w • x x w * w w *
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.
* * w * ■ w * w w * w w • x w w
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)
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.
Imo, l DISCLOSURE OF LOCAL OFFICER'S INTEREST
(2 OME?, , hereby disclose that on �� ,�CJ�') �� , 20
(a) ;A�zea ure came or will come before my agency which (check one)
ed 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
whom I am retained; or
inured to the special gain or loss of
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:
MO&J ' 0,l I t 6
41"
Date Filed Signature
by
which
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 $10,000.
CE FORM 8B - EFF. 112000 PAGE 2