HomeMy WebLinkAbout2011-06-22 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
WEDNESDAY, JUNE 22, 2011
CALL TO ORDER: Mayor Bushnell called the regular meeting of the City Commission to
order at 9:06 a.m. on Wednesday, June 22, 2011 in City Commission Chambers, Tamarac
City Hall, 7525 NW 88 Avenue, Tamarac, FL 33321.
ROLL CALL: Mayor Pamela Bushnell, Vice Mayor Michelle J. Gomez, Commissioner Marion
Swenson and Commissioner Diane Glasser. Commissioner Harry Dressler was absent.
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 by Mayor Pamela Bushnell of a proclamation honoring Joel Davidson as past
President of the Tamarac Kiwanis Club. (Requested by Community & Economic Affairs
Officer Andy Berns)
b. JUNE EMPLOYEE SERVICE AWARDS:
5-Year Awards: Tina Wheatley, Office Coordinator, City Clerk, Donald Cundiff, Driver
Engineer Paramedic, Fire Rescue, Vincenzo Licata, Firefighter Paramedic, Fire Rescue, Paul
Barrows, Senior Tradesperson/Electrician, Utilities.
10-Year Awards: Marshall Seals, Firefighter, Paramedic, Nickholas Butler, Distribution
Supervisor, Utilities, Joseph Meldish, Wastewater Service Worker II, Utilities.
15-Year Award: Rosemary Fisher, Administrative Coordinator, Building.
2. CITY COMMISSION REPORTS:
a. Commissioner Glasser: Noted the recent passing of former Tamarac City Commissioner
Marc Sultanof. Commissioner Glasser stated that former Commissioner Sultanof had
served a total of three (3) terms as Vice Mayor and was very active with fundraising for
Tamarac's Veteran's Park and the Area Agency on Aging.
Commissioner Glasser also noted that former Commissioner Sultanof was involved with
the Veteran's Alliance and B'Nai B'rith International. Commissioner Glasser said that
former Commissioner Sultanof was very good to his constituents and would be sorely
missed. Commissioner Glasser stated that services for former Commissioner Sultanof
would be held at 12 Noon this Friday at the Star of David on Bailey Road.
b. Vice Mayor Gomez: Extended her condolences to the Sultanof family. Expressed a warm
welcome back to Human Resources Director Maria Swanson.
c. Commissioner Swenson: Also extended her best to Human Resources Director Maria
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Swanson upon her return. Commissioner Swenson extended her sincere condolences to
the Sultanof family. Noted that when responding to constituent's a -mails and other
communications, she did her research before providing the best possible responses to
resident's questions.
d. Mayor Bushnell: Noted that there were a total of approximately thirty (30) participants in
the recent Father's Day Fishing Tournament event at Caporella Park. She said that the
event was a wonderful one for children and grown-ups alike, and Scott Holloway did a
great job of coordinating the day's activities. Stated that it had been her privilege to
attend the recent Explorer's Conference event at Ron Bergeron's 100-acre plus property.
Mayor Bushnell noted that BSO Chief Marc Duguay and many members of Tamarac
Explorer Post 7 enjoyed the day's events and activities.
3. CITY ATTORNEY REPORT:
Mr. Goren provided a brief update on the recent request by the Broward County Board of
Commissioners for Broward County Inspector General John Scott to evaluate and review the
potential implementation of a Code of Ethics for local elected officials in Broward County. Mr.
Goren noted that a meeting would be scheduled next week for Inspector General Scott to
meet with Broward County Attorney's office staff, Broward League of Cities representatives
and other stakeholders in the process. Mr. Goren said the discussion would likely be led by
Broward League of Cities Board President Debbie Eisenger. Mr. Goren stated that Mayor
Eisenger was recommending the appointment of Bruce Rogow, a Professor of Law at Nova
Southeastern University, to serve as a member of the Inspector General Selection and
Oversight Committee. Mayor Bushnell inquired whether there was a timeframe relative to a
finalization of a document governing ethics matters for the Broward County Board of
Commissioners and locally elected officials in Broward County. Commissioner Glasser
stated that no specific timeframe had been established relative to this matter. Mayor
Bushnell expressed appreciation to Mr. Goren and Commissioner Glasser for their efforts and
energies relative to the ethics code matter.
Mr. Goren announced that at the conclusion of today's regular City Commission meeting, he
would be requesting a shade session in Room 105 to consider the Norkunas case and the
Ace Waste case. He stated that at the conclusion of this session, the City Commission would
reconvene in public session in the City Commission Chambers.
Mr. Goren introduced Assistant City Attorney Stacey Weinger, and an associate in his law
firm, to the Mayor and City Commissioners. Mr. Goren said that Ms. Weinger would be in
attendance at today's shade session.
4. CITY MANAGER REPORT:
Mr. Cernech said he was pleased to announce that there were a total of 371 campers
registered in Tamarac's summer camp program at Tamarac Park. Mr. Cernech invited all
interested persons to the annual senior lunch with Uncle Sam and Betsy Ross on Thursday,
June 30t", beginning at 12 Noon in the Ballroom at the Tamarac Community Center. He also
Page 2 of 7 REGULAR COMMISSION MEETING June 22, 2011
encouraged all interested persons to attend the City of Tamarac's All American Celebration
on Monday, July 4tn, between 6:00 and 9:30 p.m. at the Tamarac Sports Complex. Mr.
Cernech said that shuttles to the event would be available from the Tamarac Community
Center or Tamarac City Hall between 5:30 and 10:00 p.m. Mr. Cernech also said that this
year's Father's Day Fishing Tournament was excellent and was now a family event thanks to
the efforts of Mayor Bushnell.
Mr. Cernech noted that City of Tamarac's water plant lab staff would be collecting water
samples as part of the triennial EPA lead and copper testing program. He said this process
was an important component of maintaining the integrity of the City's water system. Finally,
Mr. Cernech commended all parties responsible for the City's recent receipt of an upgrade in
bond rating from AA- to AA from the R.B. Fitch Rating service for the City's 2009 Revenue
Bonds for the Utility Fund System refunding. He noted that Fitch cited the City's very strong
financial profile as well as low debt levels and maintenance of strong fiscal performance. Mr.
Cernech commended Financial Services Director Mark Mason and the Mayor and City
Commissioners for their efforts in attaining this wonderful achievement. Mr. Cernech said
City staff would be requesting that Item 8a on today's agenda be rescheduled for
consideration in a workshop, next Wednesday, June 29tn, beginning at 9:00 a.m. in Room
105 of Tamarac City Hall, followed as soon as practical thereafter, by a special City
Commission meeting in the City Commission Chambers.
5. PUBLIC PARTICIPATION:
Marcia Becker, requesting that no taxpayer funds or federal grant money be utilized to
purchase signage for the Woodmont community. She also extended best wishes for a well
deserved vacation to the Mayor and City Commissioners.
Luciano Isla, representing the Dade Waste Haulers Council, inquired about the process for
the solid waste franchise matter, Item 8a. Mr. Goren stated that later this morning he would
read the applicable item title and request a motion from the City Commission to hold a
workshop and special City Commission relative to this matter next Wednesday, June 29tn
John Lawson, Jr., a member of the Board of Directors of the Dade Waste Haulers Council,
requested the right to work in the City of Tamarac and to be a party in the discussion of Item
8a relative to the solid waste franchise matter.
Joe Goldstein, Shutts and Bowen, requesting that the Mayor and City Commissioners reject
all bids or seek a best and final offer from all bidders relative to the solid waste services
procurement process. He stated that his client, Southern Waste Systems, generally offered
the lowest prices relative to the provision of solid waste services.
Jim Feeley, owner of Ace Waste Services, stated that his firm had a total of 52 employees,
four of whom were employed in Tamarac, to provide a variety of solid waste services. Mr.
Feeley said he was trying to protect his firm's interests relative to the proposed solid waste
franchise agreement.
Page 3 of 7 REGULAR COMMISSION MEETING June 22, 2011
Kimberly Feeley, part owner of Ace Waste Services, stated that her firm provided a variety of
support to a number of community organizations such as Women in Distress of Broward
County, Boys and Girls Club and Autism Speaks, among others.
8. ORDINANCE(S) — FIRST READING
Mr. Goren noted that City Administration, along with the City Attorney's Office, was
requesting that consideration of Item 8a, relative to T02225, be removed from this morning's
agenda, to enable the City's professional staff and consultants further review and to evaluate
the Solid Waste Franchise matter. Mr. Goren requested that a motion be made to set a City
Commission workshop on Wednesday, June 29, 2011 at 9:00 a.m. in Room 105 of Tamarac
City Hall, followed as soon as possible thereafter by a special City Commission meeting in
the City Commission Chambers to consider first reading of T02225. Mr. Goren read the
following title into the meeting record:
a. T02225 - SOLID WASTE FRANCHISE AWARD
Motion to adopt an Ordinance of the City Commission of the City of Tamarac, Florida, on first
reading awarding RFP No. 09-16R and approving a Franchise Agreement with Waste
Management Inc. of Florida for furnishing collection and disposal of residential solid waste
and recycling and commercial solid waste; authorizing the appropriate City Officials to
execute the Franchise Agreement with Waste Management Inc., of Florida and to take action
consistent with the intent of this Ordinance; providing for the ability to revise rates for solid
waste and recycling collection and disposal services through the adoption of a resolution by
the City Commission; providing for conflicts; providing for severability; and providing for an
effective date.
Vice Mayor Gomez moved, seconded by Commissioner Glasser, for consideration of Item 8a
to be continued to Wednesday, June 29, 2011 at 9:00 a.m. in Room 105 of Tamarac City
Hall, for purposes of a City Commission workshop, to be followed by a special City
Commission meeting for consideration of the solid waste franchise award (T02225) on first
reading. The motion was approved unanimously (4-0).
6. CONSENT AGENDA: Mayor Bushnell asked if there were any changes to the consent
agenda. Mr. Cernech said that there were no changes to today's consent agenda.
Commissioner Glasser moved, seconded by Vice Mayor Gomez, to approve the consent
agenda as presented. The motion was adopted unanimously (4-0).
a. APPROVAL OF THE JUNE 8, 2011 REGULAR COMMISSION MEETING MINUTES:
APPROVED
b. TR12026 - DELL - MASTER LEASE AGREEMENT - PC LEASE: A Resolution of the City
Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to
execute a Master Lease Agreement with Dell Financial Services to lease one hundred and
thirty five (135) desktops and laptops for four years at an annual cost of $27,164.71 for a total
cost of $108,658.84 at the end of four years, providing for conflicts; providing for severability;
and providing for an effective date
RESOLUTION R-2011-60
Page 4 of 7 REGULAR COMMISSION MEETING June 22, 2011
c. TR12036 - APPOINTING MEMBERS TO THE PARKS AND RECREATION BOARD: A
Resolution of the City Commission of the City of Tamarac, Florida, appointing five regular
members to the Parks and Recreation Board; providing for conflicts; providing for severability;
and providing an effective date.
RESOLUTION R-2011-61
d. TR12041 - RENEWAL OF AGREEMENT FOR DISASTER DEBRIS MONITORING
SERVICES: A Resolution of the City Commission of the City of Tamarac, Florida, approving
the renewal of the Agreement with Science Applications International Corporation for Disaster
Debris Monitoring Services; authorizing the appropriate City Officials to execute renewal with
Science Applications International Corporation for Disaster Debris Monitoring Services;
providing for conflicts; providing for severability; providing for an effective date.
RESOLUTION R-2011-62
e. TR12044 - INTERLOCAL AUTOMATIC AID AGREEMENT WITH CORAL SPRINGS: A
Resolution of the City Commission of the City of Tamarac, Florida, authorizing the City
Manager or his designee and the appropriate City Officials to approve and to execute an
Interlocal Agreement between the City of Tamarac and the City of Coral Springs; allowing for
the provision of Cooperative Automatic Fire and Emergency Medical Services through
Automatic Aid; providing for conflicts; providing for severability; and providing for an effective
date.
RESOLUTION R-2011-63
f. TR12046 - SURPLUS VEHICLE DISPOSITION: A Resolution of the City Commission of
the City of Tamarac, Florida, declaring Unit 819, Ford E350 sixteen passenger bus, as
surplus and directing that vehicle be disposed of via sale through established internet
markets to be selected; placing all proceeds into the appropriate funds from which the assets
were originally purchased; providing for conflicts; providing for severability; and providing for
an effective date.
RESOLUTION R-2011-64
g. TR12040 - RENEWAL OF AGREEMENTS FOR DISASTER DEBRIS REMOVAL
SERVICES: A Resolution of the City Commission of the City of Tamarac, Florida, approving
the renewal of the Agreements with Ashbritt, Inc. and DRC Emergency Services, LLC for
Disaster Debris Removal Services; authorizing the appropriate city officials to execute
renewals with Ashbritt, Inc. And DRC Emergency Services, LLC for Disaster Debris Removal
Services; providing for conflicts; providing for severability; providing for an effective date.
RESOLUTION R-2011-65
h. TR12036 - APPOINTING MEMBERS TO THE PLANNING BOARD: A Resolution of the
City Commission of the City of Tamarac, Florida, appointing five regular members to the
Planning Board; providing for conflicts; providing for severability; and providing an effective
date.
RESOLUTION R-2011-66
i. TR12047 - ROOF TARPS ANNUAL AGREEMENT: A Resolution of the City Commission of
the City of Tamarac, Florida, authorizing the appropriate City: Officials to award Bid Number
Page 5 of 7 REGULAR COMMISSION MEETING June 22, 2011
11-24B for roof tarps to Abel Unlimited, Inc. to provide for the purchase of annual
requirements for roof tarps for the City of Tamarac and on behalf of the Southeast Florida
Governmental Purchasing Cooperative for a period effective upon award of the Agreement,
for a period of one year, with the option to exercise up to three (3) additional one (1) year
renewals, providing for conflicts; providing for severability; and providing for an effective date.
RESOLUTION R-2011-67
j. TR12043 - AWARD BID NO. 11-01B FOR LAGOS DE CAMPO SIDEWALK PROJECT: A
Resolution of the City Commission of the City of Tamarac, Florida, awarding Bid No. 11-01B
to and approving an Agreement with Spearhead Development Group, Inc., for the Lagos de
Campo Boulevard Sidewalk Installation Project, located on Lagos De Campo Boulevard
between McNab Road and Pine Island Road, in accordance with Bid No. 11-01B for a
contract amount of $155,959.35; a contingency in the amount of $23,393.90 will be added to
the project account, for a total project budget of $178,989.25; 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-2011-68
7. REGULAR AGENDA: There were no Regular Agenda items scheduled for this hearing.
9. PUBLIC HEARING(S)
a. TR12029 - COMMUNITY DEVELOPMENT BLOCK GRANT FY 11/12 ACTION PLAN: A
Resolution of the City Commission of the City of Tamarac, FL, approving the projects
recommended for inclusion in the fiscal year 2011 Annual Action Plan for expenditure of the
US Housing and Urban Development Community Development Block grant funds estimated
to be $377,497 for the twelfth program year (Case No. 11-MI-11); providing for conflicts;
providing for severability; and providing for and effective date. City Attorney Goren read
Temporary Resolution 12029 by title into the meeting record, followed by a staff presentation
by Housing Manager Angela Bauldree outlining details of the proposed plan. Commissioner
Glasser moved, seconded by Vice Mayor Gomez, to approve TR12029. The motion was
approved unanimously (4-0).
RESOLUTION R-2011-69
10. ORDINANCE(S) — SECOND READINGS: There were no Ordinance(s) — Second
Readings scheduled for this meeting.
11. QUASI-JUDICIAL HEARING(S): There were no Quasi -Judicial Hearing(s) items
scheduled for this meeting.
12. OTHER:
Mr. Goren made a request for the Mayor and City Commissioners to move into a shade
session to consider the following matters:
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CITY OF TAMARAC
NOTICE OF ATTORNEY -CLIENT SESSION
Pursuant to Florida Statutes 286.011(8)(2005), there will be an attorney -client session
concerning William Norkunas v. City of Tamarac, U.S. District Court, Southern District Court
Case No. 10-61829-Ci and Ace Waste Services, LLC v. City of Tamarac, 17th District Court
Case No. 10-22554(14), on Wednesday, June 22, 2011, at 11:00 a.m., or such earlier or later
time as the regular City Commission meeting shall conclude, in Room 105, Tamarac City
Hall, 7525 NW 88th Avenue, Tamarac, Florida. The attorney -client session regarding William
Norkunas v. City of Tamarac will be attended by Mayor Pamela Bushnell, Vice Mayor
Michelle J. Gomez, Commissioner Marion Swenson, Commissioner Diane Glasser, City
Attorney Samuel S. Goren, an Assistant City Attorney, Bruce Johnson, Esq., Scott Alexander,
Esq. and City Manager Michael Cernech. The attorney -client session regarding Ace Waste
Services LLC v. City of Tamarac will be attended by Mayor Pamela Bushnell, Vice Mayor
Michelle J. Gomez, Commissioner Marion Swenson, Commissioner Diane Glasser, City
Attorney Samuel S. Goren, an Assistant City Attorney, Michael Burke, Esq. and City Manager
Michael Cernech.
Mr. Goren said once the shade session was concluded, the City Commission would
reconvene in the City Commission Chambers. Commissioner Glasser moved, seconded by
Vice Mayor Gomez, to move into closed session at 10:02 a.m.
At 12:01 p.m., Mr. Goren noted that the Mayor and City Commissioners were back on public
record, having broken from their shade session in Room 106 of Tamarac City Hall. Relative
to the Ace Waste matter, Mr. Goren thanked the Mayor and City Commissioners for their
guidance and advice relative to this matter.
Mr. Goren noted that a proposed settlement agreement had been outlined by Mr. Alexander
during the shade session and was concurred to in concept by the Mayor and City
Commissioners. Mr. Goren said it would be appropriate for the Mayor and City
Commissioners to make a motion relative to this matter.
Vice Mayor Gomez moved, seconded by Commissioner Swenson, to authorize the
settlement proposal outlined by Scott Alexander relative to the matter of William Norkunas v.
City of Tamarac (Case No. 10-61829-Ci). The motion was approved unanimously (4-0).
There being no other business to come before the City Commission, Mayor Bushnell
adjourned the regular meeting of the City Commission at 12:04 p.m.
Pamela Bushnell, Mayor
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Peter M.J. R l*aon, CR , CMC
City Clerk
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