City Commission Agendas & Minutes

MINUTES REGULAR CITY COMMISSION MEETING TUESDAY, March 27, 2012 at 7:00 p.m. COMMISSION CHAMBERS CALL TO ORDER The Invocation was led by Deacon Anne Atwell, Sunshine Cathedral Mayor Resnick led Pledge of Allegiance ROLL CALL City Clerk Kathryn Sims called the roll. Present were Commissioner Julie Carson, Commissioner Ted Galatis, Commissioner Scott Newton, Vice Mayor Tom Green and Mayor Gary Resnick. Also in attendance were City Manager Joseph Gallegos and City Attorney Kerry Ezrol. INTRODUCTION OF GUESTS Vice Mayor Green welcomed all in attendance, acknowledging former President of the Council Diane Cline, former Mayor John Fiore, Westside Association of Wilton Manors President Rex Vacca, Planning and Zoning Board Chair Brett Nein and Broward League of Cities Student Ambassador Carlos Mondesir PROCLAMATIONS Safe Digging Month Mayor Resnick read the proclamation for Safe Digging Month. National Limb Loss Awareness Month Mayor Resnick read the proclamation for National Limb Loss Awareness Month. Lisa Strong, President of the Florida Amputee Support Team (FAST) spoke on the organization. PRESENTATIONS Presentation by GLSC & Company, PLLC of the Fiscal Year 2011 Comprehensive Annual Financial Report Representatives from GLSC & Company gave a presentation on the fiscal year 2010 audit. Commission discussion ensued. Relay for Life Presentation - By Alexandra Rousseau, Community Representative Ms. Rousseau spoke on the upcoming Relay For Life in Wilton Manors, taking place at Hagen Park on June 1st and 2nd. COMMENTS FROM THE PUBLIC Kate Donohue, 2817 NW 7th Avenue – after listening to the attorney and representative of the pain clinic and relayed certain red flags she had identified in the applicants presentation. Karonnie Cooper, 1424 NW 19th Avenue – asked the Commission for support on the prohibition of candy flavored tobacco Shaquille Lewis, 2257 NW 27th Street – as a member of Students Against Destructive Decisions (SADD), requested a resolution prohibiting candy flavored tobacco. Carlos Mondesir, 2801 NW 39th Terrace – requested the Commission approve a resolution prohibiting candy flavored tobacco. Mr. Mondesir, student ambassador to Broward League of Cities, stated that the cities of Oakland Park and Cooper City have such resolutions on their commission agenda for April 10th. Martin Nixon, 2307 NE 15th Terrace – thanked all involved on the current changes to the PUD ordinance but also stated that the changes made do not cover the changes that ENA proposed. Ana Leone, Wilton Manors Elementary School - requested waiver of fees for park facility rentals for a celebration on May 11th at Island City Park Preserve and one on May 26th at Richardson Park. John Fiore, 2450 NE 15th Avenue – expressed his concern on the PUD ordinance stating that it that does not provide for enough protection to the city’s neighborhoods. He also stated that, according to Section 1.19 of the Broward Code of Ordinances he is not a lobbyist. Bruce Connolly, 2225 NE 18th Avenue - thanked the Commission for work they have done for the City. He asked that a moratorium be placed on PUDs while the city performs an impact study and polls the residents. Carl Lenzer, 1465 NE 24th Court – expressed his support on the PUD ordinance. Joe Pallant, 1800 NE 26th Street – attended the Economic Development Task Force meeting and stated that Community Development Director Shafran did an excellent job chairing the meeting. Mr. Pallant stated his favor of the PUD ordinance. Laura Comer, 2318 NE 15th Terrace – stated that she enjoyed the small community feel of her neighborhood and would like the PUD ordinance to be a referendum question for all the residents to vote on. CONSENT AGENDA Commissioner Newton moved to approve the Consent Agenda as it appears below. Vice Mayor Green seconded the motion. Minutes Minutes from the Regular City Commission Meeting of February 13 and February 28, 2012 Resolutions (Consent) Resolution No. 3780: (Leisure Services) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA, APPROVING AND AUTHORIZING THE PROPER CITY OFFICIALS OF THE CITY OF WILTON MANORS TO EXECUTE AN AGREEMENT WITH WORKFORCE ONE EMPLOYMENT SOLUTIONS FOR YOUTH ON THE JOB TRAINING; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. (End of Consent Agenda) Resolution No. 3781: (Leisure Services) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA, APPROVING AND AUTHORIZING THE PROPER CITY OFFICIALS OF THE CITY OF WILTON MANORS TO EXECUTE AN AGREEMENT WITH THE SCHOOL BOARD OF BROWARD COUNTY TO PROVIDE TRANSPORTATION FOR YOUTH RECREATIONAL PROGRAMS AND EVENTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Commissioner Newton moved to approve Resolution No. 3781. Commissioner Galatis seconded the motion. Mayor Resnick asked what the intended use was for the transportation to which City Manager Gallegos stated that this was an annual agreement with the Broward County School Board in order to use school buses for transportation of Summer Camp and afterschool participants on field trips. He added that the school buses are rarely used due to agreements with private bus companies at a much lower rate. Mayor Resnick asked if the city had the right to cancel, to which City Attorney Ezrol stated that the agreement is worded so that a trip may be canceled with a 24 hour notice. The motion prevailed by a unanimous roll call vote. Vice Mayor Green made a motion to approve the waiver of park facility rental fees at Island City Park Preserve on May 11th for Wilton Manors Elementary School. Commissioner Newton seconded the motion which prevailed by a unanimous roll call vote. Commissioner Carson moved to approve the waver of park facility rental fees at Richardson Park on May 26th to Ana Leone of Wilton Manors Elementary School. After discussion, the Commission agreed that since the celebration was for Dr. Leone’s daughter and because it was a Saturday night, it would not be appropriate to waive fees. Commissioner Carson withdrew her motion. ORDINANCES Ordinance No.1003: (Community Services) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA AMENDING ARTICLE 40 OF THE UNIFIED LAND DEVELOPMENT REGULATIONS (ULDR) ENTITLED “URBAN INFILL/REDEVELOPMENT PLANNED UNIT DEVELOPMENT (PUD) DISTRICT”; SECTION 040-030 ENTITLED “PERMITTED USES AND MAXIMUM DENSITY”; SECTION 040-050 ENTITLED “SITE DEVELOPMENT STANDARDS”; SECTION 040-080 ENTITLED “PRELIMINARY SITE PLAN SUBMITTAL REQUIREMENTS”; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. City Manager Gallegos gave an explanation of Ordinance No. 1003 on first reading. Community Development Services Director gave a presentation on Article 40 and Article 85. Presentation attached to the minutes. Commissioner Galatis asked if a change in plans such as the example given by Martin Nixon during Public Comments (change from a limited driveway to public access driveway) would be cause for another review, to which Community Development Director Shafran stated in the affirmative. Commissioner Newton stated that the allowance of up to a 10% change in plans without Commission approval was a concern to him and would like to see it reduced to 5%. Commissioner Resnick asked that staff address the issue and statement made during Public Comments that the Planning and Zoning Board and Commission will never see the final site plan on a PUD project. Ms. Shafran clarified the review process, stating that the final review occurs as the Development Review Committee reviews the plans to confirm all changes requested by the Commission have been made. City Attorney Ezrol added that a condition can be made by the Commission on the approval of a PUD application that the final plans come back to the Commission. Commissioner Carson asked if decreasing height to 4 stories would be a disincentive to which Ms. Shafran stated that it would be as it has been the Commissions desire to bring developers into the TOC corridors and by decreasing the height and placing more restrictions on a PUD application it would not welcome developers into the City. Commissioner Newton moved to approve Ordinance No. 1003 on first reading. Commissioner Galatis seconded the motion. Commissioner Newton again expressed his desire to decrease the up to 10% change after Commission approval to 5%. He stated that he would not mind seeing a wedding cake style of developments, but does not want to see more than 2 stories 75 feet from a single family residential home. Mayor Resnick also expressed his desire for a larger setback. Vice Mayor Green stated that he does not want to limit the PUD ordinance just for one property when it is and should remain a citywide ordinance. He also stated that although the PUD ordinance allows for 5 stories on 2 acres, the ordinance also allows for the Commission to deny the plans because it does not fit the neighborhood. Mayor Resnick asked that a neighborhood compatibility narrative be included in the Ordinance, comparable to the narrative used in City of Fort Lauderdale’s Code. Mayor Resnick added that the PUD ordinance is an important development tool to have because it gives the resident and city the most say in development in the city. He stated that he hopes to one day see a PUD parcel along Powerline Road in the city. He thanked the Planning and Zoning Board and thanked Community Development Director Shafran and her staff. Commissioner Newton amended this motion to reduce the up to 10% change by DRC after Commission approval to 5% and to add a Neighborhood compatibility narrative to Section 040-050. City Attorney Ezrol mentioned that the change to Section 040-100 (reducing from 10% to 5%) will require a title change to the ordinance. The motion prevailed by a unanimous roll call vote. Ordinance No.1004: (Community Services) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA AMENDING ARTICLE 85 OF THE UNIFIED LAND DEVELOPMENT REGULATIONS (ULDR) ENTITLED “SITE PLANS”, SECTION 085-030 ENTITLED “SUPPLEMENTAL APPLICATION REQUIREMENTS”; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Commissioner Newton moved to approve Ordinance No. 1004 on first reading. Vice Mayor Green seconded the motion. Mayor Resnick stated that he requested the requirement for an applicant to demonstrate a financial commitment for all projects in the City that required a Site Plan, not just PUD applications. Commissioner Carson asked if there had been any challenges to such a requirement in any other cities, to which Community Development Director Shafran and City Attorney Ezrol stated that they were not aware of any. Commissioner Carson asked Ms. Shafran what other financial assurances are presently built into the Code, in addition to a bond. Commissioner Carson explained that she does not want any discriminatory issues allowing for challenges by developers not meeting the financial requirements. City Attorney Ezrol stated that the requirement will only be for commercial projects. Commissioner Galatis applauded the Mayor’s effort to make sure the developers in the city have financial standing, but believes the Ordinance takes it too far. The motion prevailed by the following vote: YES: Commissioner Newton, Vice Mayor Green, Mayor Resnick NO: Commissioner Carson, Commissioner Galatis UNFINISHED BUSINESS Motion to approve the refund of donation made by Joe Pallant City Manager Gallegos explained the request for a refund of the donation given by Joe Pallant. He addressed the efforts staff has made to research matching funds for the tennis court project. Mayor Resnick also stated that he had reached out to all of our Federal, State and County Legislatures to no avail. Vice Mayor Green moved to return donated funds to Joe Pallant. Commissioner Galatis seconded the motion which prevailed by a unanimous roll call vote. REPORTS FROM BOARDS AND ADMINISTRATIVE OFFICIALS City Manager’s Report City Manager Gallegos mentioned that PBA Negotiations would be held on April 3rd at 10 a.m. City Attorney’s Report City Attorney Ezrol informed the Commission on a lawsuit filed by Principles East, LLC. for a temporary injunction on March 23rd. He stated that the city’s fire marshal issued a cease and desist order on the property owned by the company. NEW BUSINESS Discussion: Wilton Manors Pension Board of Trustees Minutes of December 6, 2011 – FRS Law Suit - as requested by Mayor Resnick Mayor Resnick questioned the invoiced amounts billed to the Pension Board of Trustees by Klausner, Kauffman, et. al. City Attorney Ezrol explained the series of events leading up to the charges made. Mayor Resnick stated that the pension board attorney is charging an exorbitant amount to the board. After discussion, Commissioner Carson volunteered to audit the invoices. Request for Reduction of Code Lien Fine imposed on Property Listed at 2118 NE 16th Avenue (CASE #08-119) (Police) Request for Reduction of Code Lien Fine imposed on Property Listed at 2118 NE 16th Avenue (Case #10-228) (Police) Monica Posin, listing agent for 2118 NE 16th Avenue, which is currently owned by Bank of America, spoke on the property and stated that it is now in compliance. Mayor Resnick announced that he must abstain from discussion and vote on the item due to the fact that his employer does business with Bank of America. After discussion, Commissioner Newton made a motion to lower the lien fines to $25,000 combined. Commissioner Carson seconded the motion. Discussion ensued between the Commission and Ms. Posin. It was mentioned by the City Attorney that the liens were recorded with the County after lis pendens was filed. Commissioner Newton amended his previous motion to include the stipulation that the fine be paid by April 30th, 2012. The motion to reduce the liens to $25,000 combined with a deadline payment date of April 30, 2012 prevailed by the following vote: YES: Commissioner Newton, Commissioner Carson, Commissioner Galatis, Vice Mayor Green ABSTAINED: Mayor Resnick (Form 8B on file with minutes) REPORTS FROM ELECTED OFFICIALS Commissioner Newton Stated that his wife attended WAWM’s Garlicpalooza which was a success Vice Mayor Green On March 14th, attended the ribbon cutting for Nuts About Yogurt, the CAAB spaghetti dinner, and to the Dolphins Democrats Installation meeting to see Commissioner Carson sworn in as Vice President Attended the Goals and Objectives workshop and thanked staff and the City Manager for all the work Attended a Wilton Manors Elementary School Business Luncheon at which Mayor Resnick spoke, on March 24th. He made a donation to the school at that time. Attended Oakland Park’s Youth Day on March 24th Attended WAWM’s Garlic Festival on March 24th On March 22nd the FEC announced that they are going to institute a private rail service between Southeast Florida and Orlando. On March 21rd it was announced that the South Florida Regional Planning Council plans to install an electric car charger infrastructure with a $500,000 Department of Energy grant. Was told by City Manager Gallegos that the MPO technical committee met and discussed the grant that the city applied for to improve Dixie Highway. Wilton Manors was placed 3rd on the list, of which 14-15 applicants are usually funded. He thanked Community Development Director Shafran, Assistant City Manager Henderson and City Manager Gallegos for their work on the grant application. Mentioned the Broward House Bed Race that took place on March 25th, and that he had not been notified of the event. Stated that he spoke to Tracy Stafford who thanked the City for the recognition and proclamation. Commissioner Galatis Stated he was suffering from a bad cold Attended the spaghetti dinner hosted by CAAB on March 14th Attended the Goals and Objective meeting on March 13th Stated that Waste Management announced their “Waste Watch” program on March 21st Commissioner Carson Thanked Alexandra Rousseau for speaking on Relay for Life Stated that the CAFR was a great publication by the City Attended the Goals and Objectives workshop on March 13th which was very successful as staff came with innovative ideas Attended the Executive Session held on March 12th Attended WAWM’s Garlicpalooza on March 24th Mentioned that the proclamation for the limb awareness month was important and that it hits home as her close friend and the person that swore her into office is an amputee who has succeeded and overcome many difficulties Mayor Resnick Attended the ribbon cuttings for Pinche Tacquoria and BodyTek Met with Family Central’s new development director Attended Movie in the Park on March 16th Reminded all of Eggstravaganza, hosted by CAAB and Leisure Services on March 31st Attended the Wilton Manors Elementary School Business Luncheon and pleased that the Commission has reconnected with the school. Mentioned Career Day and the Touch a Truck event that will be held at Somerset Charter School on May 3rd Stated that he has joined the Mayors for the Freedom to Marry campaign Attended the Goals and Objectives, stating that he was thrilled with the workshop and goals that staff brought forward Mentioned the PACE Center for Girls’ Celebrity Chefs Cook Off being held on April 19th (mentioning the conflict with the city’s Suicide Prevention Town Hall Meeting) ADJOURNMENT The meeting adjourned at 10:07 p.m.