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HomeMy WebLinkAbout2011-04-13 - City Commission Regular Meeting Minutes1 1 E CITY OF TAMARAC REGULAR CITY COMMISSION MEETING WEDNESDAY, APRIL 13, 2011 CALL TO ORDER: Mayor Bushnell called the regular meeting of the City Commission to order at 7:00 p.m. on Wednesday, April 13, 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: Madison Sjorgreen and Patton Horton led the Pledge of Allegiance. 1. PROCLAMATIONS AND PRESENTATIONS: a. Presentation by Mayor Pamela Bushnell of Certificates of Appointment appointing Madison Sjorgreen as Honorary Queen and Patton Horton as Honorary King representing Tamarac Families' support of the American Cancer Society Relay for Life Tamarac 2011. (Requested by Mayor Pamela Bushnell) b. Presentation of a plaque to the Mayor and Commission by BSO Tamarac Explorer Post #7. (Requested by BSO Chief Marc Duguay) 2. CITY COMMISSION REPORTS: a. Commissioner Swenson: Thanked the Mayor and City Commissioners for appointing her to serve as District 1 City Commissioner on a temporary basis. b. Vice Mayor Gomez: Extended a warm welcome to recently appointed City Commissioner Marion Swenson. Expressed appreciation to her fellow City Commissioners Dressler and Glasser, Mayor Bushnell, and City staff for attending, and responding to resident's questions and suggestions, at the District 2 meeting last Wednesday evening at the Tamarac Community Center. Page 1 of 8 REGULAR COMMISSION MEETING April 13, 2011 Revised April 25, 2011 Noted that she had recently attended the Greenhaven 12 Association meeting. Vice Mayor Gomez also noted that it had been her pleasure to attend the recent Relay for Life event at University Hospital in Tamarac. She expressed appreciation to Mayor Bushnell and all of the volunteers for making this event a successful one on behalf of the American Cancer Society. c. Commissioner Glasser: Extended a warm welcome to recently appointed City Commissioner Marion Swenson and expressed appreciation for Ms. Swenson's willingness to serve her community. Noted that she had enjoyed the opportunity to participate in the recent Reach for the Stars employee recognition event at the Tamarac Community Center. Stated that she had recently attended a meeting of elected officials, including members of the U.S. Congress and local officials, at King's Point. Noted that she had attended the recent meetings of the Broward Coalition and the District 2 meeting at the Tamarac Community Center. d. Commissioner Dressler: Extended a warm welcome to recently appointed City Commissioner Marion Swenson. Stated that he had enjoyed attending the initial meeting of Tamarac University for 2011 and the recent District 2 meeting at the Tamarac Community Center. Reported that he was keeping a close eye on proposed bills in the current session of the Florida legislature, including those related to pension reform matters. e. Mayor Bushnell: Extended a warm welcome to recently appointed City Commissioner Marion Swenson. Noted that she had enjoyed the opportunity to visit the initial meeting for Tamarac University for 2011 and the opportunity to meet class participants. She stated that there would approximately one hundred and twenty-five graduates once the current session of Tamarac University was completed. Stated that the recent Reach for the Stars employee recognition event was very well organized and enjoyable, with a rock and roll theme this year. 1 Page 2 of 8 REGULAR COMMISSION MEETING April 13, 2011 Revised April 25, 2011 Noted that it had been her honor to represent the City of Tamarac and the City's employees at the recent Broward County Commission meeting when the City received the Emerald Award. Mayor Bushnell noted that a recognition item would be included on the next City Commission agenda. 3. CITY ATTORNEY REPORT: Mr. Goren requested that the City Commission adopt a motion to clarify recently appointed City Commissioner Swenson status relative to the City's Non -represented employee's pension plan. Mr. Goren stated that Commissioner Swenson was a retired City employee currently receiving a pension from this plan and therefore was not eligible to receive an additional pension in her capacity as City Commissioner. He also stated that Commissioner Swenson would not be able to vote on this matter and would need to file a Form 813 with the City Clerk's Office. Commissioner Dressler moved, seconded by Vice Mayor Gomez, to clarify that Commissioner Swenson was presently receiving a pension from the City of Tamarac's non -represented employee pension plan and therefore was ineligible to receive a pension from the same plan in her capacity as City Commissioner. The motion was approved by a vote of 4-0, with Commissioner Swenson abstaining. Commissioner Swenson's original, signed Form 8B is on file in the Office of the City Clerk. Mr. Goren noted that the Broward League of Cities Ethics Task Force would be meeting on Monday, April 25t" to present a proposal to the County Attorney's Office at the Broward County Government Center. Mr. Goren stated that Commissioner Glasser had been very involved in this endeavor on behalf of the City of Tamarac. Finally, Mr. Goren reported that the Broward County Inspector General Selection Committee would be meeting this Saturday, April 16th at the Broward County Government Center to interview candidates for the position of Inspector General. Mr. Goren introduced his firm's newest associate, Mr. Nwabufo C. Umunna, to the Mayor and City Commissioners. 4. CITY MANAGER REPORT: Mayor Bushnell congratulated Mr. Cernech and his wife Rosemary on the recent arrival of their daughter, Sabrina. Mr. Cernech said that both his wife and daughter were doing very well. Mr. Cernech commended Mr. Goren for his service as Chairperson of the Broward County Inspector General selection committee. Mr. Cernech thanked the Mayor and City Commissioners for their attendance at district meetings. He also thanked the City's department heads for attending the meetings. He said the meetings were a very rewarding and insightful activity. Page 3 of 8 REGULAR COMMISSION MEETING April 13, 2011 Revised April 25, 2011 Mr. Cernech commended all of the Broward Sheriffs Office for their time and resources devoted to the Broward Explorer's Post #7 and their wonderful representation of the citizens of Tamarac. Mr. Cernech noted that the Reaching for the Stars event was an employee -driven event and the awards committee did a great job of recognizing worthy City of Tamarac employees. He also thanked the Mayor and City Commissioners for attending this important event. Mr. Cernech said that over 100 people participated in BSO's recent Operation Medicine Cabinet event, disposing of 1,008 controlled or prescription drugs and 11,000 non - controlled, over the counter medications. He also noted that 171 individuals participated in the BSO shred-a-thon event, turning over 8,740 pounds of sensitive documents to be shredded and disposed of properly. Mr. Cernech expressed his appreciation to City Manager's Office colleagues Andy Berns, Chad Quinn and Diane Phillips for their excellent cooperation during the ongoing transition process following the recent retirement of former City Manager Jeff Miller. Mr. Cernech said that the Fire Department was in the process of several recruitments and had also recently promoted Chi Lu to the rank of Driver Engineer, joining Scott Hudanich and Donnie Cundiff who were promoted last month. He also noted that the Fire Department had received a customer service satisfaction rating of 100% for the month of March 2011. From the Parks and Recreation Department, noted that currently 281 children are registered for summer camp. He also noted that the recent Pet Blessing event held in partnership with Family Central and the Tamarac Interfaith and Community Leadership Council was a big success, with approximately 200 people and 350 pets in attendance. Mr. Cernech said the community garage sale was held on Saturday, April 2►,d at the Tamarac Community Center, with a total of 118 vendors and 500 shoppers in attendance. Finally, Mr. Cernech invited all interested persons to attend the upcoming Tamarac at Twilight concert on Friday evening, April 15th at the Tamarac Sports Complex, with music to be provided by the Now and Then Band, between 7:00 and 9:00 p.m. He also said that the Peter Cottontail Wet and Wild Egg Hunt and Springfest would take place on Saturday, April 16th, between 9:30 and 11:00 a.m. at the Caporella Aquatic Center, with an admission fee of $4.00 for City residents and $6.00 for non-residents, for children between the ages of 2 and 5. He stated that the Springfest event would feature face painting, bounce houses, games and an egg hunt for children ten and under, and would be free of charge at the Tamarac Sports Complex between 10:00 a.m. and 12 Noon. 5. PUBLIC PARTICIPATION: Dr. Marcia Becker stated that she opposed the proposed sign partnership between the City of Tamarac and residents of Woodmont. Page 4 of 8 REGULAR COMMISSION MEETING April 13, 2011 Revised April 25, 2011 Ronald Barish said that more benches were needed at Tephford Park. He also requested the Mayor and City Commissioners support keeping the regional mail sorting facility in the Fort Lauderdale area, rather than moving the process to Miami. He also requested the City Commission's support to oppose any proposed cuts to media programs in Broward County Schools. Patti Lynn extended a welcome and congratulations to recently appointed City Commissioner Marion Swenson and congratulations to City Manager Michael Cernech upon the recent birth of his daughter. She also commended City staff for the proposal regarding the future establishment of a Parks and Recreation Foundation. Finally, she requested that the City of Tamarac consider taking over the maintenance of swales, rather than requiring residents to undertake such efforts. Richard Albert requested that storm drains city-wide be cleaned out prior to the commencement of hurricane season. Mr. Albert also requested that City staff explore the possibility of further reducing utility rates for part-time City residents. Finally, he requested that City staff consider not filling future vacancies in order to to save money. 6. CONSENT AGENDA: Commissioner Dressler moved, seconded by Vice Mayor Gomez, to approve the consent agenda as presented. The motion was adopted unanimously (5-0). a. APPROVAL OF THE MARCH 23, 2011 REGULAR COMMISSION MEETING MINUTES — APPROVED b. APPROVAL OF THE SUMMARY OF THE MARCH 28, 29 AND APRIL 4, 2011 SPECIAL COMMISSION MEETINGS MINUTES — APPROVED c. TR11912 - PARKS AND RECREATION FOUNDATION: A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to take the necessary steps to submit a Non-profit Application to the appropriate State and Federal Agencies on behalf of the Parks and Recreation Department to create a not -for -profit corporation known as the Tamarac Parks and Recreation Foundation; designating said Foundation as an entity separate from the City of Tamarac; designating that funds raised by the Tamarac Parks and Recreation Foundation be used to encourage the advancement of Parks and Recreation programs, services and facilities in the City of Tamarac; providing for conflicts; providing for severability; and providing an effective date. RESOLUTION R-2011-35 d. TR11925 - BROWARD COLLEGE STUDENT RIDEALONG: A Resolution of the City Commission of the City of Tamarac, Florida, to approve an Affiliation Agreement between the City of Tamarac and Broward College, and to authorize the appropriate City officials to execute the Agreement to allow Emergency Medical Services (EMS) students an opportunity to receive education and Page 5 of 8 REGULAR COMMISSION MEETING April 13, 2011 Revised April 25, 2011 training from Tamarac Fire Rescue personnel in an EMS student preceptorship program beginning October 1, 2010 through September 30, 2015; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2011-36 e. TR12001 - PURCHASE AND REPLACEMENT OF TIRES UTILZING FL SHERIFF'S ASSOCIATION BID: A Resolution of the City Commission of the City of Tamarac, Florida approving the purchase of tires for routine and emergency tire replacement to City vehicles and equipment, utilizing Florida Sheriffs Association Bid Award 11/13-05-0120 authorizing the purchase of tires in the quantities needed based on the net price list; authorizing budget amendments for proper accounting purposes; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2011-37 f. TR12007 - TOWERCO CELL SITE LEASE - FOURTH AMENDMENT: A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate city officials to execute Fourth Amendment to Site Lease Agreement with TowerCo Assets LLC to increase the ground space by about 680 square feet at the cell tower site located at 9101 NW 57th Street in Tamarac and to increase the monthly rent by $1,000, providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2011-38 g. TR12012 - TAMARAC COMMUNITY CENTER HVAC REPLACEMENT: A Resolution of the City Commission of the City of Tamarac, Florida, awarding Bid No. 11-08B to and approving an agreement with Master Mechanical Services, Inc. for the replacement of the HVAC units at the Tamarac Community Center located at 8601 West Commercial Boulevard for an amount not to exceed $338,025.00; 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-2011-39 h. TR12009 - NORTH LAUDERDALE USE OF FIRE EQUIPNEHICLES: A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the City Manager or his designee to enter into two separate Agreements by and between the City of Tamarac and the City of North Lauderdale, Broward County, Florida providing for temporary use of fire rescue equipment and/or vehicle(s) providing for conflicts, providing for severability and providing for an effective date. RESOLUTION R-2011-40 7. REGULAR AGENDA: a. TR12004 - NSP3 PROPERTY ACQUISITION AUTHORITY: A Resolution of the City Commission of the City of Tamarac, Florida authorizing the Mayor, Vice Mayor, or City Page 6 of 8 REGULAR COMMISSION MEETING April 13, 2011 Revised April 25, 2011 Manager to take action, pursuant to the City of Tamarac Charter, and consistent with the Neighborhood Stabilization Program 3 ("NSP3") Grant Agreement entered into between the City of Tamarac and the United States Department of Housing and Urban Development, including the execution of Purchase and Sale Agreements for the acquisition of property pursuant to the NSP3 guidelines, and authorize the Mayor, Vice Mayor or City Manager to execute other documents as necessary to proceed to closing on the acquisition of qualified properties within the respective Purchase and Sale Agreements; providing for conflicts, providing for severability; and providing for an effective date. City Attorney Goren read TR12004 by title. Commissioner Glasser moved, seconded by Vice Mayor Gomez, to approve Resolution TR12004. The motion was adopted unanimously (5-0). RESOLUTION R-2011-41 8. ORDINANCE(S) — FIRST READING a. T02223 - UTILITY ORDINANCE - RATES AND CHARGES: Motion to adopt an Ordinance of the City Commission of the City of Tamarac, Florida, on first reading amending Chapter 22, "Utilities" of the Code of Ordinances of the City of Tamarac by amending Section 22-96 rates and charges applicable to City utility, to provide regulations relating to service availability charges and consumption rate adjustments; amending Section 22-97 revenue generation system relating to removing requirements for accumulation of funds; amending Section 22-127 providing for a delinquency charge; providing for codification; providing for conflicts; providing for severability; providing for an effective date. City Attorney Goren read T02223 by title. Vice Mayor Gomez moved, seconded by Commissioner Glasser to approve T02223. The motion to approve T02223 was approved on first reading unanimously (5-0). PASSED ON FIRST READING APRIL 13, 2011 9. PUBLIC HEARING(S): There were no Public Hearing(s) items scheduled for this meeting. 10. ORDINANCE(S) — SECOND READING: There were no Ordinance(s) — Second Reading items scheduled for this meeting. 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. City Attorney Goren read the title into the record. 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 Page 7 of 8 REGULAR COMMISSION MEETING April 13, 2011 Revised April 25, 2011 Commissioner Dressler moved, seconded by Commissioner Swenson, to approve the proposed stipulated agreement between Generic Depot 3 and the City of Tamarac and to authorize execution of same by the Mayor and appropriate City officials. The motion was approved unanimously (5-0). 12. OTHER: There being no other business to come before the City Commission, Mayor Bushnell adjourned the regular meeting of the City Commission at 10:56 p.m. Q jU L t Pamela Bushnell, Mayor Peter Richardson, CORM, CMC City Clerk / pF TAA4,q� r� ES-rA'J HEM Q _ 1963 a 0...SEAL sty• •.•�.,. cour,;���,. Page 8 of 8 REGULAR COMMISSION MEETING April 13, 2011 Revised April 25, 2011 1 1 1 FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST ME -FIRST NAME -MIDDLE NAME } NAME OF BOARD,, CrOUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE MAILINGADDRESS 1 q ' / r r � ,>/ v r /�G N L MITHE BOARD, COUNCIL, CCH SERVE 5 A UNIT OFMISSION, AUTHORITY OR COMMITTEE ON © ""' ❑COUNTY ❑OTHER LOCAL AGENCY CITY � CQIJNTY � NAME OF P2 I ICAL SUBDIVISION: DATE ON WHICH VOTE O CURRED 3 ` MY POSITION IS: ❑ ELECTIVE 21APPOINTIVE 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). 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) 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, , hereby disclose that on lhe/ey L /3 20 a: (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 whom 1 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: 'Antion to clari.fv and confirm that Marion Swenson, as the new City C(3mmissioner for District 1, having retired from the City of Tamaracts Elected and Appointed Officers and non -represented Employees Plan, is ineligible to become an active participant in this plan pursuant to Section 16.903 of the City of Tamarac Code of Ordinances as she is already receiving a pension benefit from that plan. 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. 1/2000 PAGE 2 Peter Richardson From: Julie Klahr PKlahr@cityatty.com] Sent: Thursday, April 07, 2011 6:36 PM To: Diane Phillips; Maria Swanson Cc: Attorney - Sam Goren; Peter Richardson Subject: FW: Legal opinion Here's a motion for next week's agenda to cover Marion's non -participation in the pension plan: Motion to clarify and confirm that, Marion Swenson, as the new City Commissioner for District 1, having retired from the City's Elected and Appointed Officers and non -represented Employees Plan, is ineligible to become an active participate in this Plan pursuant to section 16.903 of the City Code of Ordinances as she is already receiving a pension benefit from that Plan. Julie F. Klahr GOREN, CHEROF, DOODY & EZROL, P.A. 3099 East Commercial Boulevard, Suite 200 4500 x 323 * Fax (954) 771-4923 Email: jklahr@cityatty.com www.cityatty.com Fort Lauderdale, Florida 33308 Telephone (954) 771- Offices in Fort Lauderdale and Delray Beach, Florida. Disclaimer: This E-Mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521 and is legally privileged. The information contained in this E-Mail is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you receive this E-Mail in error, please notify the sender immediately at the phone number above and delete the information from your computer. Please do not copy or use it for any purpose nor disclose its contents to any other person. -----Original Message ----- From: Sam Goren Sent: Thursday, April 07, 2011 4:43 PM To: Julie Klahr Subject: Fw: Legal opinion I need to have a motion that covers this. Help. Samuel S. Goren GOREN, CHEROF, DOODY & EZROL, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771- 4500 x 322 * Fax (954) 771-4923 Email: SGoren@cityatty.com www.cityatty.com Offices in Fort Lauderdale and Delray Beach, Florida.