HomeMy WebLinkAbout2011-12-14 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
WEDNESDAY, DECEMBER 14, 2011
CALL TO ORDER: Mayor Bushnell called the regular meeting of the City Commission to
order at 7:04 p.m. on Wednesday, December 14, 2011 in City Commission Chambers,
Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, FL 33321.
PRESENT: Mayor Pamela Bushnell, Vice Mayor Diane Glasser, Commissioner Marion
Swenson, Commissioner Michelle J. Gomez and Commissioner Harry Dressler.
ALSO PRESENT: City Manager Michael C. Cernech, Assistant City Attorney Julie Klahr and
Assistant City Clerk Patricia Teufel.
PLEDGE OF ALLEGIANCE: Commissioner Swenson led the Pledge of Allegiance.
1. PROCLAMATIONS AND PRESENTATIONS:
a. Presentation of a proclamation by Mayor Pamela Bushnell honoring "The Community
Justice Program". (Requested by Mayor Pamela Bushnell)
b. Presentation of a proclamation by Mayor Pamela Bushnell proclaiming the Month of
December as "Employee Learning Month". (Requested by Mayor Pamela Bushnell)
c. Barry Harris, President of the Tamarac Kiwanis Club, introduced Nicole Berger, Piper High
_. School Key Club, who presented the Mayor and Commission with food donations for the
Tamarac Pantry collected by the Piper High School Key Club.
2. CITY COMMISSION REPORTS:
a. Commissioner Swenson: Reported that she attended the District 1 Neighborhood Meeting
on November 30th which was very well attended with a lot of good information exchanged.
Commissioner Swenson wished everyone a Happy Holiday and Happy New Year.
b. Commissioner Gomez: Thanked City Attorney Goren and staff for putting together a very
informative ethics seminar; attended the National League of Cities meeting in Phoenix and
spoke of meeting other people from around the country that are having the same problems
that we have here in Tamarac; participated in the Turkey Trot, attended the Holiday Lighting
Ceremony and just this afternoon attended the Employee Holiday Luncheon. Commissioner
Gomez thanked the employees for their hard work on the United Way Campaign, wished City
Manager Cernech and Community and Economic Affairs Officer Andy Berns a belated Happy
Birthday and wished everyone a Happy and Wonderful 2012.
c. Vice Mayor Glasser: Also attended the Employee Holiday Luncheon earlier today and
everyone had a good time; said she received a report that we exceeded our goal for the
United Way Campaign and gave Kudos to Fire Chief Burton for spearheading that endeavor.
Vice Mayor Glasser said she attended a few holiday parties, the opening of Aldi's Food Store
and wished everyone a Happy Holiday and a Healthy New Year.
d. Commissioner Dressler: Thanked his colleagues and staff for completing another
challenging year and said it is a tribute to a team approach, which he values, and this is what
Page 1 of 8 REGULAR COMMISSION MEETING December 14, 2011
makes Tamarac one of the leading cities in Florida. Commissioner Dressler said in March of
2012 he will have completed his sixth year serving the residents of Tamarac and looks
forward to working with everyone in 2012 to make Tamarac an even better place to live.
Commissioner Dressler wished everyone Happy Holidays and a Healthy New Year. --
e. Mayor Bushnell: Attended the Veteran's Day Memorial Ceremony, the ethics seminar
hosted by the Tamarac City Attorney's Office; the Historical Society's meeting in which they
are preparing for Tamarac's 50th Anniversary; the Turkey Trot and afterwards went to the
Broward Outreach to serve meals to people in need. Mayor Bushnell also attended the
District 1 Neighborhood Meeting which was a tremendous success; the Aldi's Grand
Opening; the Tamarac University Graduate Course; the Broward County Pioneer Days where
Tamarac resident Lawrence Wark, Tamarac's first police officer, was honored; the
Willowbrook Ceremony commemorating Pearl Harbor; the Holiday Lighting Ceremony;
various homeowner association meetings and the Employee Holiday Luncheon. Mayor
Bushnell thanked the department directors and staff for making Tamarac look good and
wished everyone Happy Holidays.
3. CITY ATTORNEY REPORT: Assistant City Attorney Klahr said the firm of Goren, Cherof,
Doody & Ezrol is thankful to have served Tamarac for another year and wished everyone a
Happy and Healthy New Year.
4. CITY MANAGER REPORT: City Manager Cernech thanked the Mayor and Commission
for all they accomplished this past year and said we have a bright 2012 planned with a lot to
look forward to. Despite all the obstacles we faced last year we sit in a good place as we end
2011. City Manager Cernech wished everyone a Happy Holiday Season and looks forward
to seeing everyone as we start up the business of the City in 2012.
City Manager Cernech reported that yesterday BSO partnered with personnel from various
Tamarac city departments to conduct "Operation Keep Our Community Safe" which is Sheriff
Lamberti's county- wide residential burglary prevention initiative aimed at educating residents
on the ways to safeguard themselves and their neighbors against the dramatic increase in
residential burglaries throughout South Florida. In response to this increase, the Sheriff's
Office chose yesterday as the day to go out county -wide to educate neighborhoods. The area
chosen for Tamarac's operation was Heathgate - Sunflower community as the primary target,
as well as other secondary communities. They started with a supply of 2000 educational door
hangers for distribution. Volunteers and assigned personnel met at the Heathgate - Sunflower
at 9:00 a.m. for a briefing and street assignments and by noon all but approximately 100 of
the door hangars had been distributed. City Manager Cernech said that he as well as the
following City personnel assisted BSO Tamarac: Diane Phillips, Chad Quinn, Fire Chief Mike
Burton, Assistant Fire Chief Percy Sayles, 12 members of the Tamarac Fire Department, 4
CERT volunteers, Building Official Claudio Grande, 4 Tamarac Building Inspectors,
Community Development Director Jennifer Bramley, Neighborhood Programs Manager
Angela Bauldree, Code Compliance Manager Mark Woods, 2 Code Enforcement Officers
and 13 Tamarac COP volunteers. They also were able to touch on the Green Briar
neighborhood, Southgate Apartments, Coral Cove, Vanguard Village, Tamarac Isles and the
Mainlands of Tamarac Lakes and Forsythe 16. City Manager Cernech thanked Chief Marc
Duguay, Lt. Fred Wood and Lt Julian Olvang for allowing the City to assist BSO with the
operation.
Page 2 of 8 REGULAR COMMISSION MEETING December 14, 2011
City Manager Cernech said that he, along with the Mayor and Commission and department
directors, participate jointly in our Strategic Planning Process wherein we develop measures
to be deployed throughout the organization for action. We follow that up with a budget
process wherein you provide resources for us to accomplish the Strategic Initiatives that the
Commission sets. As a result of our process staff is proud to tell the Commission that the
City of Tamarac has been asked to present that program at an upcoming Florida
Benchmarking Consortium Conference. Tamarac has been a member of the Florida
Benchmarking Consortium since the Consortiums creation in 2004 and we use the data in the
Score Cards, Strategic Plan and Budget in order to provide the decision making that goes
into the recommendations that we make to you and the actions you take. The Florida
Benchmarking Consortium is the largest state-wide bench marking group within the US with
more than 60 local governments participating across the State of Florida. We all collect data
in areas such as Parks & Recreation, Code Compliance, Human Resources, Fire
Department, Police Department and Public Works. Based upon the success of our own
performance measurement system, the Florida Benchmarking Consortium has asked us to
talk about how we got to where we are today and to assist other local governments
throughout the state who are struggling with their own performance measurement journeys.
City Manager Cernech said this invitation is really a testament to the hard work of staff and to
the successes that we have created, not only for our score card initiative that we began 2
years ago, but also to the success of high performance initiative that we began in 2004,
which we believe will lead to our Governor's Sterling Award application being completed and
submitted next year. City Manager Cernech said he hopes it makes sense for all the work
that we ask you to do in terms of the Strategic Planning, deploying those measures, going
through the budget process and providing us with the resources we need to accomplish our
goals. Our process is excellent and we are looking forward to making that presentation and
letting everybody know what a good job the City of Tamarac, the Mayor & Commission, and
staff does.
City Manager Cernech reported that we will have AARP driver safety classes scheduled for
2012 which BSO will be hosting. There will be four classes and in order to participate, you
must be 55 and over. The first class will be held on January 11, 2012 and if anyone is
interested they can contact BSO District 7 here in Tamarac. Participants who successfully
complete the course will be provided with a certificate for their auto insurance.
City Manager Cernech reported the Fire Department has been training new recruits and there
will be a Badging Ceremony on Monday, December 19 at 3:00 p.m. at Fire Station 15. All
City Officials are invited to attend.
Tamarac CERT volunteers will be receiving the Unsung Heroes Award on December 17t" by
the City of Ft. Lauderdale for their participation at several Ft. Lauderdale events. Tamarac
CERT recentlX assisted in the First Aide Needs at the City of Ft. Lauderdale Boat Parade on
December 11 .
City Manager Cernech said he is pleased to report that over 450 people attend the Veterans
Day Ceremony; 1,600 runners participated in the Turkey Trot, of which 223 runners were
from 13 foreign countries which took place in our sister race in Afghanistan; 50 people
attended the first Paws and Claws Holiday Pawty. City Manager Cernech invited everyone to
the Rudolph's Winter Wonderland event that will take place on Friday, December 16th from 6
to 8:00 pm at Tamarac Park. There is a $3 per child fee for this event.
Page 3 of 8 REGULAR COMMISSION MEETING December 14, 2011
Lastly, City Manager Cernech said we routinely ask the Commission to approve Capital
Improvement Projects and staff will be providing the Commission with a list of all of the
Capital Improvement Projects that they are working on and the status of each. This will
enable the Commission to have a better understanding about where we are relative to our
Capital Improvement Projects.
Mayor Bushnell said she was disappointed that she was not able to participate in Operation
Keep Our Community Safe at Heathgate — Sunflower as she was meeting with Sheriff
Lamberti and asked if this was going to be a continuing project. City Manager Cernech said
he did not know if it would be a continuing project, if it turns out to be a continuing project, he
expects he will receive advance notice and the City will be happy to assist once again. Mayor
Bushnell congratulated Chief Mike Burton for exceeding the goal of $25,000 for the United
Way.
5. PUBLIC PARTICIPATION: Mayor Bushnell opened public participation: Dr. Marcia Becker,
8258 Cassia Terr. spoke about the lack of green space in Broward County, the lack of
drinking water, the costs of new development and said she was not in favor of the proposed
site for the Tamarac Charter School. Dr. Becker presented a packet of information to
Assistant City Clerk Teufel which is on file in the City Clerk's Office. Dave Hopper, President
of Tamarac Girls Soft Ball League, expressed concern about the City taking over the League
and asked for a meeting with Mayor Bushnell and Parks and Recreation Director Warner to
discuss this matter. Parks and Recreation Director Warner spoke of the success of the City
taking over the basketball league and Mayor Bushnell and Parks and Recreation Director
Warner said they would be happy to set up a meeting to discuss the goals of the program.
Two additional parents spoke of the same issue and also requested a meeting.
6. CONSENT AGENDA: Mayor Bushnell asked Mr. Cernech if there were any changes
and/or additions to the Consent Agenda. City Manager Cernech said no but they would be
bringing before the Commission an additional item, Lobbyists Registration Fees, after
Ordinances Second Reading.
Commissioner Dressler seconded by Commissioner Swenson moved approval of the consent
agenda as presented. The motion passed unanimously (5-0)
Commissioner Dressler commended the work Community & Economic Affairs Officer Berns
and staff did on item 6 (g) as this will add 17 jobs in the City of Tamarac.
a. APPROVAL OF THE NOVEMBER 9, 2011 REGULAR COMMISSION MEETING
MINUTES.
APPROVED
b. TR12121 - PURCHASE OF PUMPS AND APPURTENANCES FROM SANDERS
COMPANY, INC.: A Resolution of the City Commission of the City of Tamarac, Florida,
authorizing the appropriate City Officials to purchase pumps and appurtenances from
Sanders Company, Inc., a sole source distributor of Smith & Loveless, Inc. supplies, for the
maintenance and replacement of wastewater pump stations; authorizing expenditures for
said purposes from Sanders Company, Inc., for an amount not to exceed $75,000 for Fiscal _
Year 2012; providing for conflicts; providing for severability; and providing for an effective
date.
Page 4 of 8 REGULAR COMMISSION MEETING December 14, 2011
RESOLUTION R-2011-134
c. TR12122 - PURCHASE OF PUMPS AND APPURTENANCES FROM HYDRA SERVICE,
"^ INC.: A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the
appropriate City Officials to designate Hydra Service, Inc., as a sole source provider for
pumps and appurtenances utilized at fifty-two (52) city wastewater pump stations, and to
authorize expenditures for the purchase of pumps and appurtenances from Hydra Service,
Inc., for an amount not to exceed $95,000.00 for Fiscal Year 2012; providing for conflicts;
providing for severability; and providing for an effective date.
RESOLUTION R-2011-135
d. TR12125 - UTILITY BILLING SERVICES: A Resolution of the City Commission of the City
of Tamarac, Florida, approving the exercising of the Second option to renew the agreement
to provide Utility Service Bill Processing, at a unit cost of $0.1109 per bill, for a two-year
period; authorizing the appropriate City Officials to execute amendment #2 to the agreement
between the City of Tamarac and Pride Enterprises, Inc.; providing for conflicts; providing for
severability; and providing an effective date.
RESOLUTION R-2011-136
e. TR12127 - FIFTH AMENDMENT TO TOWERCO SITE LEASE AGREEMENT: A
Resolution of the City Commission of the City of Tamarac, Florida, approving the Fifth
Amendment and authorizing the appropriate City Officials to execute Fifth Amendment to
Amend Section 2 of the Fourth Amendment to the Site Lease Agreement with TowerCo
Assets LLC for the cell tower site located at 9101 NW 57th Street in Tamarac, providing for
conflicts; providing for severability; and providing for an effective date.
RESOLUTION R-2011-137
f. TR12129 AFLAC RENEWAL: A Resolution of the City Commission of the City of Tamarac,
Florida, approving the exercising of the first option to renew the agreement to provide
voluntary employee paid benefits with American Family Life Assurance Company of
Columbus (AFLAC) for a two-year period from October 1, 2011, nunc pro tunc, through
December 31, 2013; authorizing the appropriate City officials to execute agreement
amendment #1 to the agreement between the City of Tamarac and AFLAC; providing for
conflicts; providing for severability; and providing an effective date.
RESOLUTION R-2011-138
g. TR12132 - QUALIFIED TARGET INDUSTRY TAX REFUND - PROJECT ION: A
Resolution of the City Commission of the City of Tamarac, Florida, recommending approval
of Project Ion for a Qualified Target Industry Tax Refund; recommending Project Ion as a
Qualified Target Industry Business pursuant to Section 288.106, Florida Statutes; committing
the City to payment of a percentage of the Qualified Target Industry Tax Refund as a local
match as required by State Statute; authorizing City Officials to provide a local match or local
financial support for the Qualified Target Industry Tax Refund in the form of cash; providing
for conflicts; providing for severability; and providing for an effective date
RESOLUTION R-2011-139
7. REGULAR AGENDA:
a. TR12123 NOTICE OF INTENT FOR STORMWATER/SOLID WASTE ASSESSMENT: A
Resolution of the City Commission of the City of Tamarac, Florida, setting forth the City's
intent to use the uniform method for the levy and collection of Non -ad Valorem Special
Page 5 of 8 REGULAR COMMISSION MEETING December 14, 2011
Assessments to be initially levied for the Fiscal Year commencing October 1, 2012, one to be
levied upon residential real properties lying within the municipal boundaries of the City to fund
the provision of solid waste collection services to residential properties within the City, and
one to be levied on all real properties lying within the municipal boundaries of the City to fund
enhancements, improvements, additions to, and maintenance of, the City's Stormwater Utility
System; stating a need for such levies; providing for a description of the boundaries of the
property subject to the Special Assessments, which are the municipal boundaries of the City
as described in Exhibit "A" attached hereto; providing that a copy of this Resolution shall be
forwarded to the Property Appraiser, Tax Collector and the Florida Department of Revenue;
providing for conflicts; providing for severability; and providing for an effective date. Assistant
City Attorney Klahr read TR12123 by title. Commissioner Swenson seconded by Vice Mayor
Glasser moved approval of TR12123. Commissioner Dressler asked for if this will be subject
to the early pay discount of 4% if paid in November and Financial Services Director Mason
said yes.
Motion passed unanimously (5-0)
RESOLUTION R-2011-140
8. ORDINANCE(S) — FIRST READING:
a. T02236 -TRAVEL ORDINANCE: An Ordinance of the City Commission of the City of
Tamarac, Florida, amending Chapter 2, "Administration" of the Code of Ordinances of the
City of Tamarac by enacting Article XII, "Travel"; establishing new Sections 2-409 through 2-
416, to provide regulations relating to travel expenses; providing for codification; providing for
conflicts; providing for severability; providing for an effective date. Assistant City Attorney
Klahr read T02236 by title. Commissioner Gomez seconded by Commissioner Swenson
moved approval of T02236 on First Reading.
Motion passed unanimously (5-0)
PASSED ON FIRST READING DECEMBER 14, 2011
9. PUBLIC HEARING(S):
a. TR12112 - FY 2010-2011 CONSOLIDATED ANNUAL PERFORMANCE EVALUATION
REPORT: A resolution of the City Commission of the City of Tamarac, Florida authorizing the
appropriate City officials to approve the Consolidated Annual Performance Evaluation Report
(CAPER FY2010-2011) for the U.S. Department of Housing and Urban Development (HUD's)
Community Development Block Grant (CDBG) programs for HUD's fiscal year 2010-2011;
Case No. 26-MI-11; providing for conflicts, providing for severability, and providing for an
effective date. Assistant City Attorney Klahr read TR12112 by Title. Commissioner Dressler
seconded by Commissioner Swenson moved approval of TR12112.
Mayor Bushnell opened the public hearing and with no one wishing to speak, closed the
public hearing.
Motion passed unanimously (5-0)
RESOLUTION R-2011-141
10. ORDINANCE(S) —SECOND READINGS:
a. T02235 - ZONING IN PROGRESS: Motion to adopt an Ordinance of the City Commission
of the City of Tamarac, Florida, amending Chapter 24, entitled "Zoning," by Amending Article
Page 6 of 8 REGULAR COMMISSION MEETING December 14, 2011
II, 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. Assistant
City Attorney Klahr read T02235 by title. Commissioner Gomez seconded by Vice Mayor
Glasser moved approval of T02235 on second reading.
Mayor Bushnell opened the public hearing and with no one wishing to speak, closed the
public hearing.
Motion passed unanimously (5-0)
PASSED ON FIRST READING NOVEMBER 9, 2011
PASSED ON SECOND READING DECEMBER 14, 2011
ORDINANCE 0-2011-17
b. T02237 - LOBBYIST REGISTRATION REGULATIONS: Motion to adopt an Ordinance of
the City Commission of the City of Tamarac, Florida amending Chapter 2 of the City of
Tamarac Code of Ordinances, entitled "Administration"; by specifically creating article XII, to
be called "Lobbying Activities"; providing for definitions; providing for lobbyist registration;
providing for filing of a contact log; providing for a prohibition on use of lobbying statements;
providing for contingency fees, and disclosures; providing for penalties; providing for
codification; providing for conflicts; providing for severability; and providing for an effective
date. Assistant City Attorney Klahr read T02237 by Title. Commissioner Gomez seconded
by Vice Mayor Glasser moved approval of T02237 on second reading.
Mayor Bushnell opened the public hearing and with no one wishing to speak, closed the
public hearing.
Assistant City Attorney Klahr addressed the numerous questions and concerns of the Mayor
& Commissioners regarding the ethics ordinance.
Commissioner Dressler said he believed this expectation to be unconstitutional and a
violation of his federal rights under the US Constitution and the Bill of Rights. Commissioner
Dressler said, the argument that an elected official is somehow protecting themselves
documenting anything is a position that can easily be turned into a basis for making an
accusation. No one should have any illusion, in his viewpoint, that they are protecting
themselves or creating a defense by documenting anything, because any document can be
spun anyway. You could be creating a document that could be used as the basis for an
accusation, or to substantiate an accusation, in which case you are being asked to violate
your own right not to incriminate yourself. That is a simple constitutional argument.
Assistant City Attorney Klahr responded that the only violations we are talking about is of this
ordinance, we are not talking about any violations of any other rules, regulations, statutes,
laws or otherwise. The only thing we are talking about is a defense of an alleged violation of
this ordinance, and only the ethics ordinance.
Commissioner Dressler said he understood but the ethics ordinance is so broad as to include
conspiratorial language heretofore utilized in organized crime types of investigations on a
criminal level. Whenever he reads a document that has conspiratorial language in it, it raises
Page 7 of 8 REGULAR COMMISSION MEETING December 14, 2011
his antenna on an intrusive government looking for him to help them prove an accusation and
not to defend against one. Commissioner Dressler said he would discourage everyone not to
believe that documentation is an automatic defense or establishing a fact pattern, because he
has been in too many hearings and courtrooms to know better. You can argue any document
and use it any way you want and to the extent you could be successful doing so and
convince a jury, flip a coin.
Motion passed unanimously (5-0)
PASSED ON FIRST READING NOVEMBER 9, 2011
PASSED ON SECOND READING DECEMBER 12, 2011
ORDINANCE NO. 0-2011-18
11. QUASI-JUDICIAL HEARING(S): There were no Quasi -Judicial items scheduled for this
meeting.
12. OTHER:
a. TR12134 - LOBBYIST REGISTRATION FEE: A Resolution of the City Commission of the
City of Tamarac, Florida, establishing an annual lobbyist registration fee; providing for
conflicts; providing for severability; and providing for an effective date. Assistant City
Attorney Klahr read TR12134 by Title. Commissioner Gomez seconded by Commissioner
Dressler moved approval of TR12134.
Motion passed unanimously (5-0)
RESOLUTION R-2011-142
There being no further business to come before the City Commission, Mayor Bushnell
adjourned the meeting at 8:27 p.m.
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Pamela Bushnell, Mayor
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Page 8 of 8 REGULAR COMMISSION MEETING December 14, 2011