City Commission Agendas & Minutes

MINUTES REGULAR CITY COMMISSION MEETING TUESDAY, December 9, 2014 7:00 P.M. – COMMISSION CHAMBERS CALL TO ORDER Mayor Resnick asked for a Moment of Silence for the passing of resident and friend Cal Steinmetz. Mayor Resnick led the Pledge of Allegiance. ROLL CALL City Clerk Kathryn Sims called the roll. Present were Commissioner Tom Green, Commissioner Justin Flippen, Commissioner Scott Newton, Vice Mayor Julie Carson and Mayor Gary Resnick. Also in attendance were City Manager Joseph Gallegos, and City Attorney Kerry Ezrol. “GOOD NEWS” OF THE CITY Vice Mayor Newton mentioned that he attended the CERT Awards. He congratulated Wilton Manors CERT members on receiving their award for service and the CERT Award for the City’s Fire Rescue Station. ADDITIONS/CHANGES/DELETIONS No additions, changes or deletions were made to the agenda. PRESENTATIONS Presentation of the Police Department’s David Dodson Memorial Employee of the Quarter Award to Sergeant Rick Shawver Chief O’Connell read a narrative of a call that Sergeant Shawver responded to, a “suicide by cop” event near NW 29th Street. Chief O’Connell commended Sergeant Shawver for his professionalism during the event and presented him with the David Dodson Memorial Employee of the Quarter Award. COMMENTS FROM THE PUBLIC Paul Kuta, 500 NE 28th Street – verbatim notes attached. Robert Katz, Bell Isle complex – spoke on the extension of hours discussion under New Business; he lives and works in Belle Isle and is concerned on the level of noise at longer hours of the night. John Fiore, 2450 NE 15th Avenue – expressed concern on the East Transit Oriented Corridor Overlay district and would like the commission to lessen the density in the district Paul Rolli, 2016 NE 6th Terrace – spoke on extension of EDTF, and asked the Commission to consider rotating members and gave suggestions on the makeup for the board. He also spoke on the advisory board application and believes the process should apply equality to all boards, task forces and volunteers and should require a background check. Joe Pallant, 1800 NE 26th Street – spoke on the current city lease with Poverello, saying that the lease should be increased as property values go up. Poverello is not a poor organization. He presented the commission with an offer for 10 times the cost of the present lease. CONSENT AGENDA Commissioner Flippen moved to approve the Consent Agenda as it appears below. Commissioner Carson seconded the motion. Invoices Goren, Cherof, Doody & Ezrol, P.A. Acct No. 9902101R/Stmt No. 5 12/02/14 $ 78.00 Acct No. 0601460R/Stmt No. 24 12/04/14 $ 58.50 Acct No. 1004240R/Stmt No. 13 12/04/14 $ 936.00 Acct No. 1107660R/Stmt No. 12 12/04/14 $ 639.50 Acct No. 1107760R/Stmt No. 19 12/04/14 $1072.50 Acct No. 9201291R/Stmt No. 33 12/04/14 $9858.42 Acct No. 9902098R/Stmt No. 11 12/04/14 $ 136.50 Acct No. 9902103R/Stmt No. 5 12/04/14 $ 390.00 Acct No. 9902104R/Stmt No. 7 12/04/14 $1419.45 Acct No. 9902108R/Stmt No. 5 12/04/14 $ 702.00 Acct No. 9902109R/Stmt No. 4 12/04/14 $ 351.00 Acct No. 9902115R/Stmt No. 3 12/04/14 $ 370.50 Acct No. 9902117R/Stmt No. 2 12/04/14 $ 117.00 Acct No. 9902119R/Stmt No. 1 12/04/14 $ 351.00 Consent Resolutions Resolution No. 2014-0099: (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 REGAL CONTRACTORS, INC., TO CONSTRUCT A CONCRETE PAD WITH SIX FITNESS STATIONS AT ISLAND CITY PARK PRESERVE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Resolution No. 2014-0100: (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 BROWARD COUNTY IN AN AMOUNT UP TO $52,975.00 PROVIDING FOR DISBURSEMENT FROM THE BROWARD COUNTY TREE PRESERVATION TRUST FUND; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.. Resolution No. 2014-0101: (EM/Utilities) 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 A NINETEENTH AMENDMENT TO THE AGREEMENT WITH CHEN AND ASSOCIATES CONSULTING ENGINEERS, INC. FOR PROFESSIONAL ENGINEERING & CONSULTANT SERVICES FOR N.E. 2ND AVENUE WATER MAIN REPLACEMENT IMPROVEMENTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 2014-0102: (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 PETER MULTACH TO SERVE AS A YOGA PROFESSIONAL AT CITY PARKS AND COMMUNITY CENTERS IN THE CITY OF WILTON MANORS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Motion to Approve Motion to authorize the City to contract with Tennant Sales and Service Company for the budgeted purchase of a Tennant Model 800 Ride-on Power Sweeper (EM/Utilities) Motion to authorize the City to contract with Duval Ford for the budgeted purchase of a 2015 Ford F-350 4x2 Cab & Chassis (EM/Utilities) Motion to approve the City to contract with Data Flow Systems, Inc. for the upgrade of five remaining sewer lift stations from Remote Terminal Units (RTUs) to Telemetry Control Units (TCUs) (EM/Utilities) (Items Pulled from the Consent Agenda) Biehn & Associates, Inc. Addendum #13/Billing Summary #2 11/30/14 $3360.00 Commissioner Green moved to approve Addendum #13/Billing Summary #2 for Biehn & Associates, Inc. Commissioner Flippen seconded the motion. Commissioner Green stated that the invoice references palm trees at City Hall, which he has been commenting on for the past 3 years as they have been dying. He hopes something else can be planted in their place. He also asked that when landscaping is put in on city property, soil is included. City Manager Gallegos stated that the foxtails in the right of way in front of City Hall are not doing well and they plan on adding something that will be better for the space. The motion prevailed by a unanimous roll call vote. Resolution No. 2014-0103: (EM/Utilities) 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 FOR SERVICES WITH THE AVANTI COMPANY FOR THE PURCHASE OF APPROXIMATELY 1,400 ENCODED WATER METERS, AND THE REPLACEMENT OF 1,400 EXISTING NON-ENCODED WATER METERS WITH THE NEWLY PURCHASED ENCODED WATER METERS FOR THE CITY OF WILTON MANORS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Commissioner Carson moved to approve Resolution No. 2014-0103. Commissioner Green seconded the motion. City Manager Gallegos gave an overview of Resolution No. 2014-0103. Commissioner Carson asked if all water meters can be 1 inch, to which Utilities Director Archacki responded by saying that the homes that that will be changing from 1 inch to 5/8 through this program are only a small number of the total of new encoded meters. The reduction is not viable for all homes. Commissioner Carson mentioned that Waste Management had once offered to install remote access to the water meters from their garbage trucks. Mayor Resnick asked if residents will experience water outages, to which Director Archacki stated that they would, during instllation. The motion prevailed by a unanimous roll call vote. Resolution No. 2014-0105: (Community Development Services) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA, AMENDING RESOLUTION NO. 3700, CREATING A WILTON MANORS ECONOMIC DEVELOPMENT TASK FORCE TO EXTEND THE SUNSET OF RESOLUTION NO. 3700 TO DECEMBER 31, 2015; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. City Manager Gallegos gave an overview of Resolution No. 2014-0105. Mayor Resnick asked if the Commission had any interest in having members reapply to the board and also looking at new applicants. He mentioned that the group has been the same since inception with the exception of new appointments stemming from resignations. City Attorney Ezrol reminded the Commission that the Task Force was formed without term limits because it was initially a board to sunset after 18 months. Commissioner Flippen stated that he would like to preserve the continuity of the board by keeping the same members. Mayor Resnick mentioned the above because he feels the board has a different focus. The composition of the Task Force was discussed. Task Force Member Nick Berry spoke on the members, saying that meetings are always well attended. He agreed with Commissioner Flippen’s remarks on preserving the continuity, as they have recently been researching way finding, and ideas for the west side of the City. Motion to approve an extension of the City’s existing Agreement with Lanier Parking for one 2-year term. (Finance) Commissioner Carson moved to approve an extension of the City’s existing agreement with Lanier Parking for one 2 year term. Commissioner Green seconded the motion. Commissioner Carson stated that she would like to know the cost, expenses and revenues of the parking contract. Mayor Resnick stated that he wants to review original contract, and in order to do so would like the item tabled to a time certain. Kevin Brady, General Manager for Lanier Parking in South Florida, stated that he had no issues tabling to the next meeting. Commissioner Carson asked if they have domestic partner benefits, to which Mr. Brady responded in the affirmative. Vice Mayor Newton stated that Lanier Parking does a great job but asked if there was anything that could be done to bring costs down in the parking program without hurting service. Mr. Brady responded by saying that the duties of the program have expanded over the prior term, and through the partnership with the city they have been making sure the cost of the expansion has not grown at the same rate. Commissioner Green stated that although he was happy with the service from Lanier Parking, he felt enforcement was too aggressive. Mayor Resnick echoed the sentiments of the Commission, saying that Lanier Parking does a terrific job. He also stated that at the start of the program he was receiving 50 complaints a day. He said that now that Lanier knows how to budget for the City some reduction of costs could be considered. Commissioner Carson moved to table the item. Vice Mayor Newton seconded the motion which prevailed by a unanimous roll call vote. PUBLIC/QUASI JUDICIAL HEARING: Resolution No. 2014-0104: (Community Development Services) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA, APPROVING THE PLAT APPLICATION PL-14-01, FOR ARBOR PET HOSPITAL, LLC FOR THE PROPERTY LOCATED AT 1220 - 1232 N.E. 26TH STREET, WILTON MANORS, FLORIDA; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Commissioner Green moved to approve Resolution No. 2014-0104. Commissioner Flippen seconded the motion. Presentation by applicant Paul Brewer, representative for the applicants, made a presentation on the proposed plat to the Commission. He reviewed the approval process. Commissioner Green stated that the project looks great. Presentation by staff Community Development Services Director Moor stated that the pet hospital has purchased the property next to them, which will be demolished for the expansion. She stated that the Planning and Zoning Board has approved the plat application and recommends approval from the Commission. Commissioner Carson asked if the plat was parking compliant, to which Director Moore replied that 28 parking spaces were included and made the plat compliant. She added that there will be covered parking for staff and visitors. Mayor Resnick stated that the City is a customer of Arbor Pet Hospital, as the Police Department’s K-9 officer is treated there. Public Comments– In support of the Plat John Fiore, 2450 NE 15th Avenue – stated that the Eastside Neighborhood Association has seen the plat and endorses it. Nick Berry, 1901 Coral Gardens, and Chair of the Planning and Zoning Board – stated that the Planning and Zoning Board poured over this project, including parking, water retention, drainage, and landscaping. Public Comments - In opposition of the Plat No public comments in opposition of the plat application were made. Community Development Services Director Moore asked that all backup materials and staff reports be part of the permanent record. The motion prevailed by a unanimous roll call vote. PUBLIC HEARINGS Ordinance No. 2014-0007: (Second Reading) (City Manager/City Clerk) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA SUNSETTING THE BOARD OF ADJUSTMENT, AND TRANSFERRING THE POWERS AND DUTIES OF THE BOARD OF ADJUSTMENT TO THE CITY COMMISSION; REPEALING ARTICLE 130, DIVISION 2 OF THE CITY’S UNIFIED LAND DEVELOPMENT REGULATIONS ENTITLED “BOARD OF ADJUSTMENT”; AMENDING ARTICLE 130, DIVISION 3, SECTION 130-190 OF THE CITY’S UNIFIED LAND DEVELOPMENT REGULATIONS ENTITLED “ROLE OF COMMITTEE”; AMENDING CHAPTER 5, ARTICLE II, DIVISION 2, SECTION 5-43 OF THE CITY’S CODE OF ORDINANCES ENTITLED “SAME— DISCRETION OF INSPECTOR TO REQUIRE PRODUCTION OF CHARTER AND BYLAWS”; AMENDING CHAPTER 5, ARTICLE II, DIVISION 2, SECTION 5-44 OF THE CITY’S CODE OF ORDINANCES ENTITLED “BUILDING OFFICIAL'S REFUSAL TO ISSUE; TO PROHIBIT ISSUANCE OF PERMITS IF APPLICANT HOLDS EXPIRED PERMIT APPLICATIONS FOR WHICH NO FINAL INSPECTION HAS OCCURRED”; AMENDING ARTICLE 5, SECTION 005-040 OF THE CITY’S UNIFIED LAND DEVELOPMENT REGULATIONS ENTITLED “BUILDING PERMITS DENIED WHERE CHANGE MIGHT VIOLATE DISTRICT REGULATIONS”; AMENDING ARTICLE 10, SECTION 010-010 OF THE CITY’S UNIFIED LAND DEVELOPMENT REGULATIONS ENTITLED “ABBREVIATIONS”; AMENDING ARTICLE 10, SECTION 010-030 OF THE CITY’S UNIFIED LAND DEVELOPMENT REGULATIONS ENTITLED “TERMS DEFINED”; AMENDING ARTICLE 15, DIVISION 1, SECTION 015-080 OF THE CITY’S UNIFIED LAND DEVELOPMENT REGULATIONS ENTITLED “DETERMINATION OF NONCONFORMING USE STATUS”; AMENDING ARTICLE 75, SECTION 075-010 OF THE CITY’S UNIFIED LAND DEVELOPMENT REGULATIONS ENTITLED “INTENT”; AMENDING ARTICLE 75, SECTION 075-020 OF THE CITY’S UNIFIED LAND DEVELOPMENT REGULATIONS ENTITLED “DEFINITIONS”; AMENDING ARTICLE 125, SECTION 125-030 OF THE CITY’S UNIFIED LAND DEVELOPMENT REGULATIONS ENTITLED “STAFF REPORT”; AMENDING AND RENAMING ARTICLE 125, SECTION 125-040 OF THE CITY’S UNIFIED LAND DEVELOPMENT REGULATIONS ENTITLED “BOARD DECISION”; AMENDING ARTICLE 125, SECTION 125-050 OF THE CITY’S UNIFIED LAND DEVELOPMENT REGULATIONS ENTITLED “RECORDING OF DECISION; ISSUANCE OF ORDERS”; AMENDING ARTICLE 125, SECTION 125-060 OF THE CITY’S UNIFIED LAND DEVELOPMENT REGULATIONS ENTITLED “REFUNDING FEES” PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Commissioner Green moved to approve Ordinance No. 2014-0007 on second reading. Commissioner Carson seconded the motion. Mayor Resnick opened the public hearing. Mayor Resnick closed the public hearing. The motion prevailed by a unanimous roll call vote. Ordinance No. 2014-0010: (Second Reading)(Finance) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA APPROVING AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT FOR CITYWIDE VEHICLE TOWING SERVICES WITH WESTWAY TOWING, INC.; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Commissioner Flippen moved to approve Ordinance NO. 2014-0010 on second reading. Vice Mayor Newton seconded the motion. City Manager Gallegos gave an overview of the ordinance and agreement with Westway Towing, Inc. Mayor Resnick opened the public hearing. Cherryl Chessler, 117 NE 30th Court – spoke in opposition to the agreement with Westway Towing, stating that the RFP was not issued correctly. She spoke in favor of Sal’s Towing, saying that the company was in the City clearing streets after Hurricane Wilma. Kate Donohue, 2817 NW 7th Avenue – urged the Commission to reject the recommendation by staff because the evaluation process was flawed; the City’s RFP required a towing and immobilization license which Westway Towing did not submit and therefore should be disqualified. this and should have been disqualified. Adrienne Foland, 440 NE 23rd Street – expressed her support for Sal’s Towing. She echoed the sentiments of Kate Donohue. She reminded the Commission to think about the City and its visitors when making the decision. John Fiore, 2450 NE 15th Avenue – stated that Sal’s Towing has been a partner with the City for many years. He mentioned that the RFP requires a county booting license, of which Westway does not have Kip Wargo, 2408 NE 6th Avenue – spoke in opposition of Westway Towing, mentioning that a car likely to be towed will be a visitor, and the service provided to them by Sal’s is recommended Randy Comer, 2318 NE 15th Terrace – has lived in the City for 29 years. Sal’s Towing is part of the family and should remain in the City. Nick Berry, 1901 Coral Gardens Drive – spoke in favor of Sal’s Towing, who has been towing his cars for 35 years. He hopes the Commission will reject all bids and start over. Doug Blevins, 1101 NW 30th Court – stated that Sal’s Towing has been a business that has provided a spirit to this community. Sal – spoke to the Commission on his desire to renew his towing contract with the City. He mentioned his “Save a Life” program; the only program of its kind. He stated that he went through obtaining all the necessary licenses. Craig Goldstein, owner of Westway Towing – spoke on the 14 complaints that were previously mentioned to which he reminded all that his company performed 40,000 tows this year. He also clarified for the meeting attendants that Westway Towing did not obtain an immobilization license since the city does not boot vehicles. He spoke on the special events in which his company participates with other contracted municipalities. Personally, he is active in the community and has served as President of the Lauderhill Boys and Girls Club Mayor Resnick closed the public hearing. Questions from Commission to Staff Commissioner Carson asked for clarification of Section 2.7 of the RFP. City Manager Gallegos stated that Broward County does not issue immobilization licenses. City Attorney Ezrol stated that the RFP does require something that cannot be obtained, but if there is an issue or a discrepancy, one of the RFP proposers would question it and then staff issues an addendum. The form of agreement and the specifications of the proposal does not require immobilization license. Commissioner Carson then asked questions about the fee schedule. Mayor Resnick asked for a description of the process of the evaluation committee. Finance Director Mays stated that when an RFP is issued it includes the evaluation criteria that will be reviewed by the committee. The reason an RFP was issued as opposed to a bid was that there are more costs involved. Vice Mayor Newton expressed his concern that City staff did not do a good enough job reviewing the RFP before it was released. Mr. Mays responded that staff used a similar RFP to one used by Coral Springs and that eight staff members reviewed and made extensive revisions. Commissioner Flippen asked which applicants met the requirements of the RFP, to which Mr. Mays stated that none of the applicants had an immobilization license, and that Sky Towing was thrown out as being nonresponsive. The remaining three proposals underwent the scoring process. Commissioner Flippen asked how often RFPs are issues with such an error and if it does occur, what is usually done to rectify, to which City Attorney Ezrol stated that an addendum would be issued to all interested parties. He added that it was within the Commission’s purview to declare the issue a minor defect or reject all bids and start the process over. Commissioner Carson noted that she noticed that on a score sheet one of the notes mentioned that the franchise fees are higher with Westway Towing but that cost to the customer is higher as well. Comments from the Commission Commissioner Green stated that he does not think there was a problem with what we had before and that the contract with Sal’s should continue. He stated that he felt the process was wrong and that City staff only recommended Westway Towing because more money was involved. Commissioner Carson stated that she is always reluctant to go against a staff decision, particularly in procurement. While she trusts staff and their abilities; the city is unique and Sal’s Towing has been comfortable accommodating that. She stated she was concerned about costs but also concerned about residents when they get towed, and is becoming less supportive of the findings of the RFP. Commissioner Flippen stated that what is important is what this is and what this is not. He said that the Commission asked staff to go out for an RFP. He does not find the process to be unfair or irregular enough to warrant a rejection. He went on to say that if someone can convince him the process was flawed, he would move to reject but that there is not enough merit to do so at this time. He also mentioned that rejecting the RFP could set a precedent in the future. Vice Mayor Newton stated that he disagrees with Commissioner Flippen and said that City staff did not give out an equal RFP, adding that it was very unfair. Mayor Resnick stated that Sal’s Towing is a great company, but that this decision is not about the service to the community. He reminded the Commission that they unanimously asked staff to go out for an RFP for towing services and added that the immobilization license detail was a technical defect. He added that he did not believe the process was flawed and has too much respect for the evaluation committee to call if defective. The process was handled properly and fairly. The motion to adopt Ordinance No. 2014-0010 prevailed by the following vote: Yes: Commissioner Carson, Commissioner Flippen, Mayor Resnick. No: Commissioner Green, Vice Mayor Newton. Ordinance No. 2014-0011: (Second Reading)(Community Development Services) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA CREATING THE WILTON DRIVE IMPROVEMENTDISTRICT, A DEPENDENT SPECIAL DISTRICT AUTHORIZED BY SECTION 189.02, FLORIDA STATUTES; PROVIDING FOR THE PURPOSE, POWERS, FUNCTIONS AND DUTIES OF THE DISTRICT; DESIGNATING THE GEOGRAPHIC BOUNDARY LIMITATIONS OF THE DISTRICT; STATING THE AUTHORITY OF THE DISTRICT; EXPLAINING WHY THE DISTRICT IS THE BEST ALTERNATIVE; DESIGNATING THE MEMBERSHIP, ORGANIZATION, COMPENSATION, AND ADMINISTRATIVE DUTIES OF THE GOVERNING BOARD OF THE DISTRICT; STATING ALL FINANCIAL DISCLOSURES, NOTICING AND REPORTING REQUIREMENTS; DECLARING THAT THE CREATION OF THE DISTRICT IS CONSISTENT WITH THE APPROVED LOCAL GOVERNMENT COMPREHENSIVE PLANS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SUNSET; AND PROVIDING FOR AN EFFECTIVE DATE. Commissioner Flippen moved to approved Ordinance No. 2014-0011 on second reading. Vice Mayor Newton seconded the motion. City Manager Gallegos gave an overview of Ordinance No. 2014-0011 on second reading. He reviewed the makeup of the Board, that they will adhere to staggered terms and cannot issue debt without City approval. Mayor Resnick opened the public hearing. Carol Moran, 1208 NE 12th Avenue – wanted to know how the businesses were going to be assessed Paul Rolli, 2016 NE 6th Terrace – expressed his support on the BID and would like to see a process put in place so that the resident member can clearly communicate to fellow residents Kip Wargo, 2408 NE 6th Ave – also asked how business owners will be assessed and asked for the goal of the BID to be explained Rudy Molinet, 1955 NE 7th Terrace – spoke in support of the BID. He and his husband enjoy the small town feeling and are both excited to see this. Nick Berry, 1901 Coral Gardens Drive – clarified to the meeting attendees that the BID will communicate through agenda and minutes and will be held in compliant with Florida’s Sunshine Law Nancy Goldwin, 1208 NE 12th Avenue – thinks the BID is a good idea but cannot afford to be assessed Robert Katz, 2360 Wilton Drive – expressed his concern whether the size of businesses will be included in the assessment calculations. He also asked for information on how members of the Board will be appointed. Doug Blevins, 1101 NW 30th Court – spoke on the BID and offered clarification on its purpose: progressing the Drive Paul Hugo, 2345 Wilton Drive – thanked Doug Blevins for starting this discussion with Main Street. The EDTF has come up with a very amicable way of addressing the way to assess properties. Mayor Resnick closed the public hearing. Commissioner Green asked for clarification on how developments such as Island City Lofts would be assessed, are only the business condominiums being assessed?, does this include the business condominiums only? And also belle isle? Economic Development Coordinator Randy Welker stated that only the businesses located on these properties would be assessed, and the fees will be assessed by size. Commissioner Carson spoke on the residential member, saying that she has had a number of people asked that this member be a homeowner of homesteaded property for over 10 years. want to come back to the residential member. Number of people ask that there be some limitations on the resident, one being that the resident be an owner for over 10 years and homesteaded. Mr. Welker stated that the next step for the BID is to decide on the criteria of the members. City Attorney Ezrol stated that this could be language added to the ordinance. Commissioner Flippen asked City Attorney Ezrol that if a time period for residence is required for one seat, should that not be required of all members, to which Mr. Ezrol stated that the resident member could be treated differently than the other members. Commissioner Flippen asked if an owner of a rental property, such as the Gable, is able to spread the assessment not only to their commercial tenants but residential tenants as well, to which the City Manager stated that it would be entirely up to the property owner. Vice Mayor Newton asked what the different assessment will be by size, to which Mr. Welker stated that the Gables will be $1942 a year while the Shoppes at Wilton Manors would be $27,000 a year. Finance Director Mays stated that the smallest assessment, due to the smallest square footage, is Island City Lofts at $147 a year. He stated that the BID Board is going to have to develop a fair and equitable manner of assessment, with many factors to consider. Commissioner Carson asked if there was a cap in assessments per property, to which Mayor Resnick stated that it is $100,000 for all property owners. Mayor Resnick reviewed the changes made between first and second reading. To address Mr. Katz’s concerns brought up during the public hearing, Mayor Resnick stated that the limits of the Board will be decided by the Board and offered for him and others in the audience to apply for the Board. Commissioner Carson asked for the thoughts of the Commission on having a threshold placed upon the resident’s time as a homeowner in the City. Commissioner Flippen echoed her sentiments that a threshold should be determined. Commissioner Carson added that the residents want to make sure that the pioneers of the City are represented on the Board. Commissioner Green expressed the threshold on the resident member, noting that some residents that have been in the City for 30 years may not have contributed as much as someone who has lived her for just a few years. Mayor Resnick stated that he would be in favor to make the member a homesteaded resident. Commissioner Flippen then added that the Commission is setting threshold requirements higher than the other members, which represent the businesses for which this BID is being developed. Commissioner Flippen stated that at the last discussion, the need for a proxy representation for the businesses was discussed and has been properly addressed in the ordinance. He also stated that he pushed hard for the resident voting member and thanked the commission for including in the ordinance. Mayor Resnick thanked everyone for providing input for the BID, including the Economic Development Task Force, Wilton Manors Development Alliance and the Homeowner Associations. He hopes that the BID will take the necessary action to improve Wilton Drive and bring in more consumers. The motion to approve Ordinance No. 2014-0011 on second reading prevailed by a unanimous roll call vote. UNFINISHED BUSINESS Request to consider amendments to the City’s application form for service on the City’s advisory boards and committees (as requested by Commissioner Julie Carson) City Manager Gallegos gave a history of the most recent board applications and explained that the Commission added question Number 5, if the applicant had ever been convicted of a crime. Commissioner Carson stated that she doesn’t believe being arrested gives an inability to serve on a City board. She added that a board position is voluntary. Commissioner Carson suggested that the question on the application should be “Have you been convicted of a felony in the last 10 years?” She then asked how far back a background check would go. Commissioner Flippen agreed with Commissioner Carson on removing the question “Have you been arrested?”. He did state that he believes that “have you ever been convicted of a crime” is a fair question to ask and thinks he and the residents have the right to know this. Discussion ensued amongst the Commission. It was decided to revise the Board Application to include the following questions: Have you ever been convicted of a felony? Have you ever been convicted of a false statement? Do you have any felony charges pending? The Commission asked for the application to be brought back at the next meeting for final review. Discussion of Extension of hours for Establishments serving alcoholic beverages (Community Development Services) Community Development Services Director Moore reviewed the four options for extension of hours. Commissioner Green stated that he has frequently heard that the reason for extending hours is to stop patrons from going to other cities, which he feels is a weak argument. He felt there is some inequity to restrict the extension to only Wilton Drive. He also opposes many late night events and has always consistently voted against extensions, but realizes that there are special circumstances. Vice Mayor Newton stated that he is not concerned with the hours that bars/restaurants are opened, but is concerned with the noise they cause. Commissioner Carson stated that she would like to see greater costs reimbursed for staff costs. Commissioner Flippen stated that he was deferential to the concerns of the City’s residents. Part of him thinks it should be limited to the Arts and Entertainment District. He does like the idea of necessitating police presence. Vice Mayor Newton asked Chief O’Connell if it would it be a problem scheduling three officers to work on a holiday weekend with three extensions. Chief O’Connell stated that it would be a challenge and if they cannot they will ask for assistance from the Broward Sherriff’s Office. Mayor Resnick made comments about the amount of DUIs in the City. The Commission came to a consensus to bring back as an amendment to the Code to increase fees, require payment for police presence and to limit to Arts and Entertainment District. REPORTS FROM BOARDS AND ADMINISTRATIVE OFFICIALS City Manager’s Report City Manager Gallegos mentioned that the Young Guardians Society invited the Commission and staff to a year end celebration on Wednesday, December 17th at 6:30-9 p.m. in Coral Gables. City Attorney’s Report City Attorney Ezrol updated the Commission on the Ursiola matter. The motion to disperse of funds is scheduled for December 17th. Mr. Ursiola filed an appeal. Vice Mayor Newton moved to move to allow a bid based on the City Manager’s recommendation of up to $100,000 for the property located at 832 NW 30th Court. Commissioner Green seconded the motion which prevailed by a unanimous roll call vote. NEW BUSINESS Discussion: PACE Center for Girls “Believing in Girls” Empowerment Luncheon (as requested by Mayor Gary Resnick) Commissioner Flippen moved to donate $1200 as an Emerald Sponsor to the PACE Center for Girls “Believing in Girl” Empowerment Luncheon. Vice Mayor Newton seconded the motion which prevailed by a unanimous roll call vote. Discussion on the temporary same-sex marriages in Florida; pursuant to the refusal of the U.S. 11th Circuit of Appeals in Atlanta to extend the stay of the prior ruling of U.S. District Judge Robert Hinkle to overturn Florida’s same-sex marriage ban (as requested by Mayor Gary Resnick) Mayor Resnick also spoke on using Richardson Park for a group wedding. He has reached out to the Broward County Clerk of Courts for details on same sex marriages and marriage license requirements. Commissioner Flippen spoke on Broward County’s 100th Anniversary and that the County has offered to partner with the city in a marriage ceremony for 100 people (50 couples). Discussion of Temporary Relief of Banner Signs (Community Development Services) The Commission directed staff to draft an appropriate ordinance for the January 13, 2015 meeting. REPORTS FROM ELECTED OFFICIALS Commissioner Carson Attended Transgender Day of Remembrance on November 20th Attended the Trans Equality event at Richardson Park Attended the City’s holiday lighting on December 4th Attended the Broward League of Cities Board of Directors meeting on December 4th Congratulated Chief O’Connell on his upcoming appoint at President to the Broward County Chiefs of Police Association Congratulated Sergeant Shawver on his Employee of the Quarter Award Announced that resident and Board member Nick Berry held an event and donated 200 bikes for kids this holiday season Commissioner Green Attended the Transportation Committee meeting with the Florida League of Cities in conjunction with the legislative meeting, where a few things were discussed that affects Wilton Manors. The Senate majority leader stated that vacation home legislation is a positive thing and also believes “cars for hire” is a positive move as well. Mentioned that the state legislature is going to reintroduce a state bill on sober homes, but because this is really a federal issue, Representative Lois Frankel will be working with cities on it Legislation coming up that mandates the state to share any revenue made on state roads Has received complaints that school children are jumping the fence at Richardson Park Attended a Broward League of Cities meeting on December 9th to come up with legislative issues Went to Washington D.C. to attend the Victory Fund annual meeting. Resident Stuart Milk was also there. Announced the ENA Holiday Party, on December 10th Wished all a happy holiday and New Year Wished Ruthann Stadnik a Happy Birthday Vice Mayor Newton Wished everyone a happy and safe holidays Commissioner Flippen Reminisced about being on the Commission when they welcomed Commissioner Carson to the dais Wished all a happy holidays Mayor Resnick Attended and chaired the FCC intergovernmental advisory committee, the FCC will be voting on whether to increase the e-rate funding by $1.5 billion which is used to fund broadband services in library and schools. He stated that the City’s library will be able to apply as a consortium with other neighboring libraries to apply for funding Attended the World AIDS Day event and presented a proclamation Attended the Holiday Tree Lighting on December 4th Mentioned ENA Holiday Party, December 10th Mentioned Broward League of Cities Holiday Party on December 11th Mentioned CAAB sponsored Pride Holiday Party on December 14th Will be attending the memorial service for Cal Steinmetz on December 14th Announced upcoming City events: Santa By The See on December 18th; Santa’s Enchanted Evening on December 19th Announced Walk for KIDS on December 20th Fort Lauderdale Firefighters are accepting toys for donations through December 20th Wished all Happy Holidays ADJOURNMENT The meeting adjourned at 11:21 p.m. Paul Kuta's Public Remarks at City Commission Meeting on 12/09/2014 My name is Paul Kuta, and I reside at 500 N.E. 28th Street in Wilton Manors. This past Saturday, I and fellow officers of the Wilton Manors Historical Society attended the 42nd annual Broward County Pioneers Day Ceremony in the Hallandale Beach Cultural Center. This event was postponed from October, and Hallandale Beach officials extended a very warm welcome. We were there to support our 2014 City Pioneer King Wilkinson, show pride in our city, and celebrate the history of our county. It always is inspiring to hear the contributions that individual Pioneers from all of the cities in Broward have made to their respective communities. And that is what we are doing here tonight--making history by building on the vision and hard work of those who preceded us. Unfortunately, last Saturday's event may have been the last County Pioneers Day Ceremony. I say this because the Broward County Historical Commission was disestablished on September 24, 2014 via County Oridinance No. 2014-32. Its small staff and important historical archives have been moved from the historic West Side School to the Main Branch of the County Library and placed under the control of the Director of the County's Library Division. This is not necessarily a bad thing, depending on the funding and disposition of the Library Director. In its place, the same ordinance established a 9-member Historic Preservation Board, with members appointed by the County Commission and the Board itself. In terms of the preserv- ation of important historical, cultural and archaeological sites and structures--county-wide--the new ordinance has considerable influence. For example, its rules and procedures apply to cities such as ours that do not have a historic preservation ordinance. Nevertheless, there is a downside for local historic groups in not having a central point of contact for a variety of historical issues. All of this is a backdrop to the activities already underway to celebrate the 100th anniversary of Broward County in 2015. As is my custom at the last City Commission Meeting each year, I wish to take this opportunity to sincerely thank our elected officials and city staff for their hard work on behalf of the residents and businesses in Wilton Manors, and to those who visit our Island City. Happy Hanukkah and Merry Christmas!