City Commission Agendas & Minutes

MINUTES REGULAR CITY COMMISSION MEETING Tuesday, OCTOBER 24, 2017 7:00 P.M. – COMMISSION CHAMBERS CALL TO ORDER Mayor Resnick called the meeting to order at 7:03 p.m., and the Pledge of Allegiance was recited. Mayor Resnick recognized the accomplishments of John Patrick Callanan, Eagle Scout, who, on his own, raised about $2,500 to repair the community room at Kids in Distress. Mayor Resnick presented John with a proclamation on the prior day. ROLL CALL Interim City Clerk Patricia Staples called the roll. Present were Vice Mayor Justin Flippen, Commissioner Julie Carson, Commissioner Scott Newton, and Mayor Resnick. Also in attendance were City Manager Leigh Ann Henderson, City Attorney Kerry Ezrol, and Interim City Clerk Patricia Staples. Commissioner Tom Green was absent. WELCOME AND INTRODUCTION OF GUESTS - Vice Mayor Flippen Vice Mayor Flippen welcomed everyone to the meeting and announced the upcoming Halloween festivities. He recognized that October is LGBT History Month, and announced that Wilton Manors received a perfect score on the Human Rights Coalition Municipal Equality Index. Mayor Resnick recognized former Broward County Commissioner and Broward County Mayor Ken Keechl and Mike Moskowitz, father of State Representative Jared Moskowitz. ADDITIONS/CHANGES/DELETIONS - None PROCLAMATIONS Breast Cancer Awareness Month Mayor Resnick read the proclamation for Breast Cancer Awareness Month. The proclamation will be sent to the Susan G. Komen Center. PRESENTATIONS - None COMMENTS FROM THE PUBLIC Aimee Ballantyne, 2300 NE 20 Avenue, expressed her protest against recent infringement of the First Amendment, claiming that the current political climate is the beginning of totalitarianism. Boyd Corbin, 12 NE 26 Street, verbatim notes attached. Paul Rolli, 2016 NE 6 Terrace, thought the Central Neighborhood Block Party was a great idea and appreciated all of the hard work done by the Leisure Services staff. He also announced the CANA meeting at Hagen Park later in the evening. CONSENT AGENDA Vice Mayor Flippen moved to approve the Consent Agenda as it appears below, and Commissioner Carson seconded the motion. Motion prevailed by a unanimous roll call vote (4- 0). Minutes Minutes from the June 27, 2017 Regular City Commission Meeting and the July 25, 2017 Regular City Commission Meeting Consent Resolutions Resolution No. 2017-108: (Finance) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA, RATIFYING THE MONTHLY WATER AND SEWER UTILITY SERVICE CHARGE INCREASES ESTABLISHED BY RESOLUTION NO. 2017-094; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 2017-109: (Finance) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA, FINDING THE EXISTENCE OF AN EMERGENCY FOLLOWING THE AFTERMATH OF HURRICANE IRMA; APPROVING AND AUTHORIZING THE PROPER CITY OFFICIALS OF THE CITY OF WILTON MANORS TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE CITY OF FORT LAUDERDALE FOR HURRICANE AND DISASTER DEBRIS REMOVAL AND DISPOSAL SERVICES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 2017-110: (as requested by Vice Mayor Flippen and Mayor Resnick) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA, URGING THE MIAMI DADE COUNTY COMMISSION TO RECONSIDER ADOPTING A BAN PROHIBITING CONVERSION THERAPY ON MINORS BY LICENSED PRACTITIONERS; URGING THE BROWARD COUNTY COMMISSION TO ADOPT A BAN PROHIBITING CONVERSION THERAPY ON MINORS BY LICENSED PRACTITIONERS; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 2017-111: (as requested by Mayor Resnick) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA, URGING THE BROWARD COUNTY LEAGUE OF CITIES AND BROWARD COUNTY TO STUDY AND CONSIDER UNDERGROUNDING UTILITIES; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Resolution No. 2017-112: (as requested by Vice Mayor Flippen) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA, URGING PRESIDENT TRUMP, THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY, THE ASSISTANT SECRETARY OF THE ARMY FOR CIVIL WORKS AND THE HEADS OF ALL EXECUTIVE DEPARTMENTS AND AGENCIES TO RECONSIDER THE ADMINISTRATION’S REPEAL OF THE WATERS OF THE UNITED STATES RULE AND THE CLEAN POWER PLAN RULE; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 2017-113: (as requested by Mayor Resnick) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA, URGING ALL MEMBERS OF THE FLORIDA LEGISLATURE AND THE GOVERNOR TO SUPPORT LEGISLATION REQUIRING REPRESENTATIVES OF CABLE AND TELEPHONE COMPANIES TO STAFF COUNTY GOVERNMENT EMERGENCY OPERATIONS DURING EMERGENCIES; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 2017-114: (as requested by Mayor Resnick) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA, URGING BROWARD COUNTY TO INSTALL SOLAR POWERED TRAFFIC SIGNALS; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Resolution No. 2017-115: (Finance) 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 TWENTY-FIRST AMENDMENT TO THE AGREEMENT WITH JENADA ISLE ENTRANCE INC., f/k/a JENADA ISLE HOMEOWNERS ASSOC., INC., FOR THE JENADA GATED ENTRANCE IMPROVEMENTS SPECIAL ASSESSMENTS PROJECT; EXTENDING THE TERM OF THE AGREEMENT THROUGH SEPTEMBER 30, 2018; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. UNFINISHED BUSINESS Discussion of Pre-Storm Performance of Waste Management (as requested by Mayor Resnick) Ms. Henderson recalled that as the City prepared for Hurricane Irma, they were told by Waste Management that collection would continue through Friday until a point when winds reached 35 miles per hour. That information was communicated to residents through Thursday, and many put out their trash cans for pickup. However, late Thursday, Waste Management informed the City that collection would not occur on Friday, and that created a lot of confusion in the community. Ms. Henderson stated that there was a letter in the backup that was sent to Waste Management, and she has spoken with them since. Both parties are hoping to resolve the issue. By consensus, the Commission encouraged the City Manager to find an amenable solution. Mayor Resnick said he did not want this issue forgotten for the following reasons: • This was one day before a hurricane, and the City had to divert Police from their regular duties to go door to door and tell people to bring back their garbage. He said that was a waste of time, manpower, and taxpayer dollars, • Since residents did not have to pay for services such as electric, Comcast, and AT&T when the services were out, he did not think the City should charge residents for Waste Management Services that were not delivered. At a minimum, he thought the City Manager should expect a sufficient amount of money from Waste Management that the City could credit to residents for services they did not receive. Status of Art Committee (as requested by Mayor Resnick) Ms. Henderson explained that the City wants to develop a volunteer arts group that will meet regularly, help develop action plans, identify funding, and implement projects that would create a public art program for the city. There will be a kick-off meeting on November 16, 2017, at the Women’s Club in the style of a community charrette. Interested residents, artists, and business owners who want to participate will be invited; then there will be a follow-up meeting with speakers from other cities and communities who have successfully developed public art. Ms. Henderson did not think the membership of the committee would be limited to the residents of Wilton Manors. Vice Mayor Flippen recommended tapping art resources such as the Broward County Cultural Commission and the Airport Committee, and utilizing art-related social media. Mayor Resnick commented that, although the City has budgeted funds for the project, it would work better if it were not a City Committee subject to Sunshine Law and public record requirements. He suggested the committee could be similar to Friends of the Library or the Historical Society and not be a City function. Mayor Resnick referred to a recent article in the Sun Sentinel about a similar effort using a volunteer committee in Boca Raton. Medical Marijuana (as requested by Mayor Resnick) Mayor Resnick recalled that, although they had discussed the matter previously, no direction was given to staff as to how to proceed. Vice Mayor Flippen would like the City to retain as much home rule authority as possible. He suggested looking at the approach recently taken by Oakland Park, where they redefined “pharmacy” and used a Conditional Use permitting process for that. Vice Mayor Flippen shared his notes on the Oakland Park process, but said they were not complete. There are about seven to nine articulated criteria, and Vice Mayor Flippen said he would like the City Attorney to review Oakland Park’s ordinance. Mayor Resnick stated it would be helpful to first gather a consensus on whether the Commission wanted to ban medical marijuana distribution facilities or not. Commissioner Carson, Vice Mayor Flippen, Mayor Resnick, and Commissioner Newton were not in favor of banning them outright at least without consideration of other options. Mr. Ezrol said that an argument could be made that he City’s current position is legally defensible. Because of the legislation and the lack of clarity on some of the pre-emption issues, the intent seems to be to only authorize banning or regulating them the same as the City would regulate pharmacies. Commissioner Carson believed many in the community benefit from medical marijuana, and she strongly believed the City would put themselves at risk for a lawsuit from people who have the right to have access to their medication as legally prescribed. She said she is not in favor of doing anything that would further restrict any medical marijuana facilities in the City; however, she does not want the State to pre-empt the City. Mayor Resnick suggested enacting new zoning ordinances to deal with pharmacies: existing pharmacies would be grandfathered, and new pharmacies (including medical marijuana distribution facilities) would be covered by the new Code. Vice Mayor Flippen did not want to restrict access to medical marijuana for those who need it, but he said he wants the City to retain whatever authority they can relative to the State. He reiterated his suggestion to examine what Oakland Park has done. Vice Mayor Flippen moved to direct staff to come back with an ordinance to amend the City’s Code to address medical marijuana facilities. Commissioner Newton seconded the motion, which prevailed by a unanimous roll call vote (4-0). REPORTS FROM BOARDS AND ADMINISTRATIVE OFFICIALS City Manager’s Report Ms. Henderson reminded everyone of the upcoming Spooktacular and Wicked Manors on the Drive. Ms. Henderson mentioned that staff will be reviewing the attendance policy ordinance that was adopted the prior year, which seems to conflict with one of the pension boards. In response to a question from Commissioner Carson, Ms. Henderson relayed that staff will be working on new regulations related to medical clinics. There is a draft ordinance that is near completion, which should be presented to the Planning and Zoning Board on November 13, 2017. Vice Mayor Flippen asked Ms. Henderson about a timeline for going to FDOT with the two designs chosen by the community interest poll for the wayfinding. Ms. Henderson said staff presented both designs to FDOT to ensure they are permittable and allowed in the public rights- of-way. The next step is to obtain manufacturing quotes for the signs, which will probably take up to three weeks. The survey will probably not go out to residents before December. Commissioner Newton reported that he has heard concerns from residents about street lights being out and wondered if there are any updates from FP&L as to when all the lights will be back on. Ms. Henderson said they have been communicating every week with FP&L, and they are just now beginning to repair street lights throughout Wilton Manors and South Florida. The Police Department has been working at night to create an inventory of every street light that is out. It may take several weeks for FP&L to cover the entire City. City Attorney’s Report Mr. Ezrol said he attended a seminar at the Bench and Bar Convention regarding medical marijuana. The most interesting speaker was the CEO of Surterra, one of the five original license holders. According to them, they plan to have dispensaries located everywhere within the State by March of 2018 so that all patients are within 1.5 hours of a location. They aspire to have overnight delivery everywhere in the State and have same day delivery by the end of 2018. The biggest problem they have is working through the local government process at opening up medical marijuana treatment centers. Mr. Ezrol also commented about a study that observed reduction in the volume of opioids being prescribed in States that have legalized marijuana. Mayor Resnick commented he also met with the CEO of Surterra, who said another issue they encounter is with landlords not wanting to lease to them. Vice Mayor Flippen asked Mr. Ezrol about his billing process for policy resolutions that are created and adopted by the City Commission. He had told a resident that whether Mr. Ezrol drafts one resolution on a policy matter or if there are multiple resolutions, there is no cost differential. Mr. Ezrol confirmed that, saying that most of the work done by his firm is done on a flat fee basis, as a retainer. Resolutions are covered under the flat fee retainer. NEW BUSINESS Discussion: Volunteer Advocate (as requested by Commissioner Carson) Commissioner Carson reported about several items that interested her when she recently attended a conference in Arizona. Commissioner Carson learned that in Arizona, if police officers go out on a mental health call, there is someone to accompany them to assess the situation and relieve some of the mental health issues that police officers deal with. Commissioner Carson pointed out that local police perform a number of duties that are not related to public safety, such as lost pet calls, public relations, and taking care of the elderly. She said that there is an AARP program that focuses on the needs of seniors, and maybe there could be an advocate/ambassador for tourists. These alternate programs would be a financial boon to the police department. Commissioner Carson stated that some residents have asked for American Sign Language interpreters at meetings. She also suggested that an advocate could respond to calls on disability issues. She asked that the Commission look at what other cities are doing and how Wilton Manors might develop a way to better improve the community and also relieve some of the pressure from the police. Commissioner Carson relayed a story about a group educating grocery store staff about the things to do in their city. Vice Mayor Flippen advised caution about creating groups that might add staff time for the City staff, but said perhaps they could broaden the scope of an already existing board to take up some work such as mowing lawns, painting houses, etc. It was noted there are volunteer organizations in the City that already engage in community improvement, and are looking for more projects. Commissioner Carson thought that coordination of the efforts was the most important factor, and Mayor Resnick noted that some projects are done by neighbors. Mayor Resnick brought up that the Broward County Charter Review Subcommittee dealing with infrastructure and public facilities is considering a County charter change that would pre-empt local zoning authority over County buildings and facilities. For example, the County would be able to locate a County building anywhere it wished in a municipality without having to go through a local zoning process. The Broward League of Cities has proposed a resolution opposing the matter, and Mayor Resnick read the title of the resolution. “A Resolution of the City of Wilton Manors opposing any amendments to the Broward County Charter which would preempt or limit any municipality’s legal abilityto regulate the location of public buildings, structures or appurtenances, including County Facilities within its municipality boundaries; providing for distribution of this resolution to the Board of County Commission for Broward County and the Broward County Charter Review Commission; providing for an effective date.” Vice Mayor Flippen wanted to know why the County would want to take away the City’s authority. Mr. Ezrol commented that the Subcommittee had independent counsel provide them with a legal opinion advising that they had the constitutional authority to proceed with that ballot question. Mayor Resnick remarked that the language of the resolution says that the Broward County Charter would restrict its municipalities to be able to regulate site applications by Broward County for a public purpose if the application is consistent with the zoning designation. Vice Mayor Flippen moved to approve the resolution, and Commissioner Carson seconded the motion. Mayor Resnick said he would send the draft resolution to Mr. Ezrol for finalizing. The subcommittee will be meeting on October 30, 2017. Motion prevailed by a unanimous roll call vote (4-0). REQUESTS FOR PLACEMENT OF ITEMS ON NEXT MEETING AGENDA - None REPORTS FROM ELECTED OFFICIALS Commissioner Carson Attended the Symphony Building grand opening and the Neighborhood Block Party Announced several upcoming events Expressed appreciation for all the work done by the Leisure Services Department to improve life in the City Vice Mayor Flippen Attended the joint meeting of the WDID and the EDTF and thanked Assistant City Manager Landi and Community Development Services Director Moore for their great presentation there Expressed appreciation for the Park Passport program Attended the Symphony Building grand opening and the kick-off for “Shop and Play” Announced the upcoming Sidewalk Sale on Wilton Drive Attended the Oakland Park City Commission Meeting, where they passed an ordinance banning conversion therapy, modeled after the one in Wilton Manors Said the Block Party was a great success and thanked all staff Commissioner Newton Announced the Spooktacular event Mayor Resnick Also attended the Symphony opening, Block Party, and Shop and Play Mentioned that Wilton Manors completed its debris cleanup in one month. Wilton Manors was the first city to complete the first pass on vegetative debris on time. He thanked City staff, City Manager Henderson and David Archacki. ADJOURNMENT The meeting adjourned at 8:09 p.m. Patricia Staples From: Boyd <Boydmania@aol.com> Sent: Saturday, September 16, 2017 8:48AM To: Patricia Staples Cc: Gary Resnick; Julie Carson; Tom Green; Justin Flippen; Leigh Ann Henderson; Scott Newton Subject: city commission speech to be included in agenda notes Patricia, Here is a copy of my recent city commission speech. Please include this with the written notes on the meeting as you have done for me several times in the past. Please confirm. Thank you Boyd Corbin ps I'd appreciate a response from each member of the city commission on all of these issues I"ve brought up. September 13, 2017 Wilton Manors City Commission Speech Our water bills which includes about $20 for garbage pickup runs $150-200+ per month which is over double what is paid in neighboring cities who also buy their water from Ft Lauderdale. Instead of about $1.5m being transferred from the Utility Fund to the city's General Fund each year, it's now only about $1.3m. It should be zero. There is absolutely NO reason to jack up our water bills to pay for annual 6% city employee raises. We pay half a million dollars each year to an out of state company to read parking meters and issue tickets. This should be done by city staff which would save hundreds of thousands of dollars each year. So far the unpopular lane elimination project on Wilton Drive will cost half a million more than the grant. No wonder my real estate taxes went up by about $500 again this year. We hired a third "manager" for the Parks and Recreation Department. The top two people together get about a quarter million per year so the new position will probably get over $1 OOk. A new full time park ranger was hired last year. I visited Colohatchee Park for the first time in a while two weeks ago. The bathroom has been closed for 6 months so some people relieve themselves by the fence. This has not even dented the sexual activity problem at this park. I passed several people hanging around on the boardwalk on the way into the park. I heard a sad story from a dog walker about a very elderly man who walked several blocks in the heat to find out there's a 2 dog limit and he had 3 dogs. He barely had the energy to walk back home after being denied entry by the park ranger. On my way out there was a guy in the middle of the boardwalk staring at me with sunglasses on while chewing gum with a big smile on his face. He was masturbating. I had to walk within 2 feet of this guy because the walkway is narrow and that was the only way out. He followed me until I told him to leave me alone. The city commission seems to think that ifthey have a Woof and Wine event every few months they can take pictures and say how wonderful Colohatchee Park is. The playground there is the last place to take your children. Life is so much better at Oakland Park's dog park which is open seven days a week instead of five. 1