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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