agenda - Wilton Manors
Transcription
agenda - Wilton Manors
AGENDA WELCOME TO YOUR CITY COMMISSION MEETING YOUR INPUT IS ENCOURAGED DURING “COMMENTS FROM THE PUBLIC” AND DURING ANY SCHEDULED PUBLIC HEARING REGULAR CITY COMMISSION MEETING Tuesday, February 10, 2015 7:00 PM – COMMISSION CHAMBERS 1. CALL TO ORDER a. Pledge of Allegiance 2. ROLL CALL 3. “GOOD NEWS” OF THE CITY – Vice Mayor Newton 4. ADDITIONS/CHANGES/DELETIONS At this time, any member of the City Commission or the City Manager may request to add, change, or delete items from the agenda. 5. PROCLAMATIONS 6. PRESENTATION a. Presentation and update on Fort Lauderdale High by Principal Priscilla Ribeiro b. Introduction of Code Supervisor Vincent Affanato, and 2 German Interns: Christopher Masur, and Phil Vorpahl (Police Department) 7. COMMENTS FROM THE PUBLIC Any member of the Public may speak on any issue for three (3) minutes. 8. CONSENT AGENDA Items listed under Consent Agenda are viewed to be routine, and the recommendation will be enacted by ONE MOTION in the form listed below. If discussion is desired, then the item(s) will be removed from the Consent Agenda and will be considered separately. a. Minutes 1. Minutes from the Regular City Commission meeting of April 22, 2014, Special City Commission meeting of September 22, 2014, Regular City Commission meeting of September 23, 2014, Special City Commission meeting of November 5, 2014 b. Invoices 1. Goren, Cherof, Doody & Ezrol, P.A. c. Consent Resolutions 1. Resolution No. 2015-0012: (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 TO SUPPORT SENATE BILL (HB) NO. 4015, AN ACT RELATING TO PUBLIC LODGING ESTABLISHMENTS AND PUBLIC FOOD SERVICE ESTABLISHMENTS (AND ANY SIMILAR FLORIDA HOUSE OF REPRESENTATIVES OR SENATE BILLS); AMENDING S.509.032, F.S.; DELETING PROVISIONS THAT PREEMPT TO THE STATE THE REGULATION OF PUBLIC LODGING ESTABLISHMENTS AND PUBLIC FOOD SERVICE ESTABLISHMENTS; DIRECTING CITY ADMINISTRATION TO TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO THE BROWARD LEAGUE OF CITIES, THE FLORIDA LEAGUE OF CITIES, THE BROWARD COUNTY LEGISLATIVE DELEGATION, AND ANY OTHER INTERESTED PARTIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 2. Resolution No. 2015-0013: (EM/Utilities) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA, DETERMINING CERTAIN TANGIBLE PERSONAL PROPERTY TO BE SURPLUS; DIRECTING THE ADMINISTRATION TO DISPOSE OF THIS SURPLUS PROPERTY AT PUBLIC AUCTION OR TRADE IN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 9. PUBLIC HEARINGS 10. ORDINANCES - FIRST READING 11. RESOLUTIONS 12. UNFINISHED BUSINESS a. Staff Update on Lanier Parking 13. REPORTS FROM BOARDS AND ADMINISTRATIVE OFFICIALS a. City Manager's Report 1. Update on We Do Ceremony, Saturday, February 14, 2015 b. City Attorney's Report 14. NEW BUSINESS a. Discussion of Base Rates for Residential Water Meters 15. REQUEST FOR PLACEMENT OF ITEMS ON NEXT MEETING AGENDA 16. REPORTS FROM ELECTED OFFICIALS a. "We Do" event discussion (as requested by Commissioner Carson) 17. ADJOURNMENT Pursuant to FS. 286.0105, if a person decides to appeal any decision made by the Board, Agency or Commission with respect to any matter considered at such meeting, or hearing, he will need a record of the proceedings and that for such purposes he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. Any person requiring Auxiliary Aids and Services for the Meeting may call the ADA Coordinator at 390-2122 at least two working days prior to the meeting. If you are Hearing or Speech impaired, please contact the Florida Relay Services by using the following phone numbers: 1-800-955-877 MINUTES REGULAR CITY COMMISSION MEETING TUESDAY, April 22, 2014 7:00 P.M. - COMMISSION CHAMBERS CALL TO ORDER Mayor Resnick called the Regular City Commission Meeting to order at 7:05 p.m. then led the Pledge of Allegiance. Mayor Resnick asked for a moment of silence for the late Carlton Moore, former Fort Lauderdale Commissioner, who served the City of Fort Lauderdale for many years and was very active with the Broward County Leagues of Cities, the Florida Leagues Cities and the National League of Cities. ROLL CALL Deputy City Clerk Patricia Staples called the roll. Present were Commissioner Tom Green, Commissioner Ted Galatis, Commissioner Scott Newton, Vice Mayor Julie Carson, and Mayor Gary Resnick. Also in attendance were City Manager Joseph Gallegos and City Attorney Kerry Ezrol. Commissioner Newton left the meeting at 7:38pm due to a family emergency. “GOOD NEWS” OF THE CITY Vice Mayor Carson welcomed everyone, thanked residents for being a part of their local government and wished everyone a Happy Earth Day. She commented that Wilton Manors values its green city and pointed out a few things that have happened in recent years: the green building ordinance, city-wide recycling, a voluntary no smoking policy at our city parks, being listed as a wildlife habitat, being known as one of the most walkable cities in the nation and as having fifteen parks. On this Earth Day we would like to think that we are making a contribution to make our city a better place. ADDITIONS/CHANGES/DELETIONS No additions, changes or deletions were made to the agenda. PROCLAMATION Earth Day 2014 Mayor Resnick explained that Vice Mayor Carson read the Earth Day Proclamation at the Ribbon Cutting Ceremony and that the proclamation will be given to the organization that requested it. PRESENTATIONS Fort Lauderdale Fire Chief Robert F. Hoecherl Fire Chief Hoecherl presented a summary of the history of the Fort Lauderdale Fire Department and of the services provided to the City of Wilton Manors. Deputy Chief Finland gave a report on Fire Prevention and Investigations, the Operations of the Fire Department, Fire and Emergency Medical Reponses, HazMat, Marine Rescue, Aircraft FireRescue, S.W.A.T. Medics, Active Shooter Response and their Ocean Rescue Division. Deputy Fire Chief Timothy Hauser gave a brief report explaining EMS and offered to train the Police Department in CPR and other programs. The list of activities and educational programs that they offer for citizens includes the Special Needs Assistance Program, Community Outreach, Public Education, holiday food and toy drives, a children’s reading program, fire house neighbor visits, Child Safety Seat Classes, and the Baby Sleep Safe Program. Chief Hoecherl showed a brief slide show about the Fire Department. Mayor Resnick thanked the Chief for the presentation and welcomed the Fire Department’s participation in the City’s Stonewall Festival since it has been a long time since they have participated. The Mayor also commented that he and the City Manager have met with the City’s member of Congress regarding emergency access in the City due to increased train activity, and requested that a response to this issue be sent to the City Manager. COMMENTS FROM THE PUBLIC Bryon Bowlby, 2740 NE 16th Avenue – urged the Commission to adopt Resolution No. 20140033, which is for traffic calming on his street. They are grateful for the work that has been done with the signs. Scott Altschuler and wife Julie, 2601 NW 7th Avenue – stated that since moving into their house it has been broken into once, and had a 2nd attempted break-in. He saw an article in the Sun Sentinel “Repeat Teen Burglars Vex Fort Lauderdale” and urged all present including the City Commission to voice their concerns on this subject with the officials that can do something to change this trend. Mayor Resnick stated that he has written to Chief Judge Weinstein thanking him for getting rid of the convenience bond and asked him to take a look at increasing the requirements for bail especially for repeat burglars. Paul Kuta, 500 NE 28th Street – verbatim notes attached Boyd Corbin, 12 NE 26th Street – stated that he feels that the Commission’s decision to foreclose on 832 NW 30th court is a mistake. He stated that foreclosures in Broward County can take three years and cost up to $40,000. The problem with the homeless inhabiting the property can be fixed by boarding up the house with steel hurricane shutters. Mr. Corbin also expressed concerns about the Police Department and his pending felony assault charge. Oscar Vaca, 664 NW 30th Court – stated that the homeless are polluting the canal with garbage bags from the Subway. The Mayor stated that the City Manager will get with the PD to look into this. Michael Rajner, 2607 NE 8th Avenue – thanked Commissioner Green for attending the School 2 Board meeting last week. The School Board voted unanimously on first reading to approve the Healthy Living Sexual Health Policy. He explained an incident when he had to help remove someone from their residence that had AIDS and had to call the Fire Department. He was overwhelmed with how compassionate and how much support that the Fire Fighters showed this person. Mr. Rajner noted that the doors to the Firehouse doors are always closed and added that he is glad Mayor Resnick invited them to be part of Stonewall. As mentioned at a previous meeting, Wilton Manors in very small print on the fire truck should be redesigned so that it would claim more of our city’s identity. He has signed up for the CERT Training and is looking forward to attending in June. Jake Valentine, 1109 NW 30th Court –stated that he has recently been asked about Code Enforcement for property owners with repeat offenses. The City Manager, Special Magistrate and the Commission should enforce the ordinances within the scope of the powers that the municipal code provides, which therein lay many revenues available to the City for troublesome properties. Mr. Valentine also stated that Wilton Manors has some of the most dedicated Code employees that he has ever had the privilege to work with. He suggested that each of the Commissioners take a ride along with the Code Officers to refresh themselves on what they do on a daily basis. He thanked everyone in the Code Department for everything they have done for him. Sal Torre, 309 NW 20th Street, President of the Westside Homeowner Association – announced the next meeting of WAWM to be Thursday, April 24th at Hagen Park at 7:00pm and there will be a State of the City presentation given by Mayor Resnick. The invitation was extended to the other elected officials. WAWM and Westside Improvement Group want to thank the Code Department and the Police Department for responding to Westside concerns. Mr. Torre stated that the fire department is closed off to the community and that after tonight’s presentation they will be more involved. He added that it is frustrating for residents to see repeat offenders committing more crimes and that the Commission should consider approving a resolution urging the Florida League of Cities to become involved. CONSENT AGENDA Vice Mayor Carson moved to approve the Consent Agenda as it appears below. Commissioner Galatis seconded the motion which prevailed by a unanimous roll call vote. Minutes Minutes from the City Commission Budget Workshop of January 28, 2014. Invoices Biehn & Associates, Inc. Addendum #11/Billing Summary #6 03/31/14 $3145.00 Resolutions (Consent) Resolution No. 2014-0029: (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 THE 2014 AMENDMENT TO THE INTERLOCAL AGREEMENT WITH BROWARD COUNTY 3 FOR THE DIVISION AND DISTRIBUTION OF THE PROCEEDS OF THE LOCAL OPTION GAS TAX IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 2014-0030: (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 THE 2014 AMENDMENT TO THE INTERLOCAL AGREEMENT WITH BROWARD COUNTY FOR THE DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 2014-0031: (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 THE 2014 AMENDMENT TO THE INTERLOCAL AGREEMENT WITH BROWARD COUNTY FOR THE DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY FIFTH CENT ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 2014-0032: (Leisure Services) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA, AMENDING THE FEE SCHEDULE FOR THE LEISURE SERVICES DEPARTMENT’S PROGRAMS, AMENITIES AND SERVICES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 2014-0033: (Utilities/Emergency Management) 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 SIXTEENTH AMENDMENT TO THE AGREEMENT WITH CHEN AND ASSOCIATES CONSULTING ENGINEERS, INC. FOR PROFESSIONAL ENGINEERING & CONSULTANT SERVICES FOR N.E. 16TH AVENUE ROADWAY IMPROVEMENTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 2014-0034: (Leisure Services) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA REPEALING RESOLUTION NO. 2014-0011, APPROVING AND AUTHORIZING THE PROPER CITY OFFICIALS OF THE CITY OF WILTON MANORS TO EXECUTE A SCHOOL READINESS SERVICE AGREEMENT WITH FAMILY CENTRAL, INC. AUTHORIZING THE CITY TO ACCEPT VOUCHERS FROM FAMILY CENTRAL FOR THE AFTER SCHOOL AND SUMMER CAMP PROGRAMS FOR SCHOOL READINESS SERVICE AFTER SCHOOL AND SUMMER CAMP PROGRAMS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 2014-0036: (Police) 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 ACTION LABOR OF FLORIDA, LLC, TO PROVIDE SCHOOL CROSSING GUARD SERVICES FOR THE CITY OF WILTON MANORS, FLORIDA; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 2014-0037: (Police) 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 FIRST AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING WITH THE FLORIDA 4 DEPARTMENT OF LAW ENFORCEMENT (FDLE) FOR THE IMPLEMENTATION OF THE REGIONAL LAW ENFORCEMENT EXCHANGE SYSTEM (R-LEX); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Motion to waive fees for the use of Richardson Park for Stonewall Festival VIP event on June 19th Motion to approve placement of an ad in the Florida League of Cities’ Quality Cities magazine, 88th Annual Conference edition (City Clerk) (Items Pulled from the Consent Agenda) Resolution No. 2014-0028: (City Manager) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA, SUPPORTING THE BROWARD METROPOLITAN PLANNING ORGANIZATION (BROWARD MPO) IN ITS EFFORTS TO SECURE FEDERAL FUNDING IN THE FORM OF A TRANSPORTATION INVESTMENT GENERATING ECONOMIC RECOVERY (TIGER) GRANT FOR ADDITIONAL SAFETY EQUIPMENT ALONG THE FLORIDA EAST COAST (FEC) RAILROAD CORRIDOR; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE Commissioner Green moved to approve Resolution No. 2014-0028. Vice Mayor Carson seconded the motion. Commissioner Green explained that Metropolitan Planning Organization asked for letters of support from the cities to apply for this grant and this this resolution does this. He added that the MPO of Broward County is writing the grant and that funding will be for the entire county and mostly for quiet zones and needed improvements. Commissioner Green noted that there may be some requirement for cities but that the MPO is trying to make that a very minimal impact. The motion prevailed by a unanimous roll call vote. ORDINANCES: a. Ordinance No. 2014-0004: (First Reading) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA AMENDING ARTICLE 145 OF THE UNIFIED LAND DEVELOPMENT REGULATIONS (ULDR) ENTITLED “SIGNAGE REGULATIONS”; PROVIDING FOR TEMPORARY RELIEF; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. City Manager Gallegos explained that the original ordinance provided an opportunity for our local businesses to fly feather flags and also other signage to assist them in the economic downturn. The ordinance ended December 31st, 2013. Staff has spoken with businesses, and they are very interested continuing the ordinance. Mr. Gallegos stated that staff recommends the temporary relief be extended for one additional year. Vice Mayor Carson moved to approve Ordinance No. 2014-0004 on first reading. Commissioner Green seconded the motion which prevailed by a unanimous roll call vote. UNFINISHED BUSINESS Vice Mayor Carson noted that the property located at 1501 NW 24th Street had some construction going on again over the past weekend without a permit. The Vice Mayor had asked Commander Blocker for a regular update on the progress of that property and particularly for the work that was going on last Thursday or Friday. City Manager Gallegos responded that a demo permit for the exterior 8 foot wall and a second permit for the interior renovation have been issued on the property. The demo permit requires a final inspection which has not taken place 5 and inspections are required for all of the renovations including public utilities, structural, electrical and plumbing. Vice Mayor Carson asked Community Development Services Director Moore to explain the permit process. Ms. Moore explained that a contractor applies for a permit and must provide the City with certain information; staff then verifies compliance of all required information. Vice Mayor Carson inquired if a permit is granted and the contractor’s current information isn’t on file would it be a mistake. Ms. Moore responded affirmatively, and noted that she is looking into auditing the files to make sure that the city has accurate information per Broward County Regulations and Insurance. Vice Mayor Carson asked that the Commission be provided with a copy of the Contractor Registration Form. Vice Mayor Carson spoke to the City Manager about lawn mowing liens which have not been filed against properties. Mr. Gallegos noted that it is staff policy to process liens once they reach $800. Mayor Resnick added for each lien the City Attorney charges the City to process, therefore it is best to wait until we have a sufficient amount before filing a lien. Discussion ensued amongst the Commission on lien processes. The Vice Mayor thanked staff for all of their assistance with this matter and the update. Mayor Resnick commended the permitting department for their quick and efficient service to a Jenada Isles resident. Director Moore noted that Community Development Services does offer same day permitting, to which the Mayor responded that we might want to better publicize that service. Commissioner Green stated that he received a call from a business owner near PJ’s Lounge, asking for information on the business. Police Administrative Manager Kirchoff responded by saying that PJ’s Lounge was given a temporary social club license from the State. Mayor Resnick suggested that if you have questions on a specific property call the City Manager to discuss the matter. REPORTS FROM BOARDS AND ADMINISTRATIVE OFFICIALS City Manager’s Report No reports were made. Commissioner Green asked if the Commission asked for an update on the carjacking on Jenada Isle, to which Commander Blocker responded by saying that the suspect has not yet been apprehended. City Attorney’s Report City Attorney Ezrol gave an update on the proposed revisions to the Broward County Ethic’s Code. He stated that he will continue to monitor the matter and will update the Commission. Mayor Resnick expressed his regards to City Attorney Sam Goren and Assistant City Attorney Jacob Horowitz for the great work at the recent meeting with the County Commission on the subject. NEW BUSINESS Charter Review-Discussion of specified Commission seats or City districts Commissioner Green commented that the deadline for placing any charter changes on the ballot is near and he would like to know how the Commission feels about numbering the at large Commission seats. He explained that he thought it would be fairer for the candidates. Vice 6 Mayor Carson stated that was in favor of it, stating that is would increase comradery among the public and elected officials as well as a cost savings measure. Commissioner Galatis asked for the ramifications of numbered seats and stated that the City is only 2.2 square miles. Commissioner Green stated that his idea was for the ballot in November, but that it would not go into effect until the next election. Mayor Resnick stated that Wilton Manors residents have not always elected its Council as they do presently. He stated that he would rather have the subject researched by a Charter Review Committee and for the Committee to make recommendations, including possible changes to the terms of Mayor and Commission members and even term limits, of which he is in favor. . REQUEST FOR PLACEMENT OF ITEMS ON NEXT MEETING AGENDA Vice Mayor Carson requested a future discussion on designated Commission seats, as brought forward by Commissioner Green. Mayor Resnick requested that the City Manager update the Commission on existing City bonds. He also stated that if staff recommends that the Commission consider going out for bonds for any particular projects in the future, that it coincide with the budget schedule and Strategic Plan. REPORTS FROM ELECTED OFFICIALS Commissioner Green On April 9th attended the Dolphin Democrats meeting where an award was presented Vice Mayor Carson for her trailblazing, then attended the CANA meeting later that same evening. On April 14th attended the Youth in the LGBTQ Community - Hear our Cries meeting at the African American Research Library co-hosted by Dr. Rosalind Osgood and Commissioner Bobby DuBose. On April 15th, the School Board voted issues that the City of Wilton Manors had passed resolutions supporting; the healthy living and Sex Education Program for schools. Michael Rajner lobbied some of the School Board members and explained some of the issues coming before them and it was approved 9-0. He thanked Michael Rajner, who does this incredible activism for the community. On April 15th, attended the BLC Sustainability Committee meeting and discussed water resources for the State and local areas. He mentioned that per capita, water use has decrease in Broward County significantly. There are federal funds earmarked and committed for beach renourishment in Broward County. Affordable housing in Broward County has become one of their issues. On April 17th attended the BLC General Membership meeting in the City of Sunrise and three High School Students were provided scholarship money. The students will be attending college at Princeton University, Harvard University and the University of Florida, to study government. Expressed the desire for the City to reach out to South Florida Pride and Wells Fargo, to possibly have the Wells Fargo Stagecoach in the Stonewall Pride parade. Today, April 22nd is Earth Day. He mentioned that thirteen city halls in Broward County have solar power panels on them and a couple businesses are generating wind power. He wishes that the City of Wilton Manors would do more. April 22nd attended the Ribbon Cutting Ceremony for the 8th Terrace parking lot. Will be attending the WAWM meeting on Thursday, April 24th. 7 Vice Mayor Carson Celebrated a victory in the City of Pembroke Pines as they voted unanimously to offer Domestic Partner Benefits to their employees. Michael Rajner and Tim Ross were very instrumental in this victory. She had a wonderful Triathlon on Saturday, and Robert Boo, CEO of The Pride Center, attended his first Triathlon. Attended and gave a lecture on Social Welfare and Public Policy at FAU. Had her mother attend the Friends of the Library for the Civil War presentation. Will be joining the Mayor in being on the honorary host committee for the Maccabi Games. Welcomed Roberta Moore to the City – a welcome addition to family. Commissioner Galatis On April 9th attended the CANA meeting and listened to the Mayor’s State of the City Address and Chief O’Connell’s discussion on crime statistics. WAWM meeting is on Thursday. HE stated that he requested the City Manager to contact City of Fort Lauderdale City Manager Lee Feldman to have the Fire Department attend the Commission meeting. He encouraged all to visit the Fire Department. Mayor Resnick Happy Easter and Happy Passover to everyone He attended Seder at the Richardson House that was given by Congregation Etz Chaim led by Rabbi Noah Kitty. He attended the Florida League of Cities Technology Committee in Orlando on Monday, April 14th. The committee is researching and writing on a certain number of technologies which are expected to impact cities in the next 20 to 30 years. Florida League of Cities is publishing a book to be released at the annual conference in August Florida League of Cities is hosting Technology Summit meetings, with one meeting at Hagen Park of Friday, April 25th. The meeting is free and open to the public. He congratulated the City of Pembroke Pines on their unanimous decision to authorize an ordinance for Domestic Partner Benefits. He stated that the legislature stops meeting on May 2nd and that municipalities have faired the season well. The FLC is still monitoring a few bills closely. He stated that it was a privilege and a pleasure to speak at the well-attended CANA meeting and give the State of the City Address. He received many comments. At this same meeting, Chief O’Connell gave an update on public safety in the City. He and Chief O’Connell also attended the Dolphin Democrats meeting, answered questions and gave an update on the City. He stated that in the past 2 years twelve sworn police officers have left the City’s Police Department and twelve new officers have replaced them. There has been a tremendous transition in the department, for the good. He noted that the department is very professional and supportive of the community. He commended Chief O’Connell and Commander Blocker for their leadership during the transition. He will be attending the Leadership Broward Fund Luncheon on April 30th. He will be attending the BLC Annual Installation Dinner on May 10th. He will be installed as Treasurer. Hollywood Commissioner Patty Asseff is being installed as President. 8 ADJOURNMENT Mayor Resnick adjourned the meeting at 9:03p.m. 9 Paul Kuta's Public Remarks at City Commission Meeting on 04/22/2014 My name is Paul Kuta, and I reside at 500 N.E. 28th Street in Wilton Manors. I wish to address two issues. While I may not have time for all of my remarks, I will submit them for the record. It is good to finally see the new 40-space public parking lot at N.E. 26th Street and N.E. 8th Terrace opened. I like this lot for two reasons. First, it provides badly-needed parking off the north end of Wilton Drive. Secondly, it is located in what I call the Wilton Triangle mixed-use district where residents and visitors can park and walk to nearby small businesses. We must continue to promote private investment in this area. I strongly support Resolution No. 2014-0028 on tonight's Consent Agenda. It expresses the support of Wilton Manors for the uphill effort of the Broward Metropolitan Planning Organization or MPO to secure a federal "TIGER" transportation grant to fund additional safety equipment to create "Quiet Zones" at FEC railroad crossings. This initiative becomes important as the All Aboard Florida private firm plans to have 32 passenger trains join the 10 to 14 freight trains that travel through our city on a daily basis by late 2015 or early 2016. The Broward MPO is joining with the Palm Beach County MPO in an attempt to secure a $20 million federal rail safety grant. Both also are seeking grants from the Florida Department of Transportation (FDOT). These grants require local cities to contribute some funds. The money is needed. It is estimated that it will cost $17.1 million to silence the train horns at the 67 railroad crossings in Broward County. The Broward MPO has just $2.5 million for these safety improvements. The Palm Beach MPO has $8.5 million for the $23.4 million it will cost to establish quiet zones at the 115 railroad crossings in that county. I will be curious to see how much money Wilton Manors plans to put in its budget to contribute to costs of creating quiet zones at its two railroad crossings. In the past, I have advocated that the city and private developers fund the needed railroad crossing improvements in Wilton Manors. I have been told that MPO will have enough money to undertake this. My rejoinder is that neither the federal or state transportation departments has the money to underwrite this. The U.S. Highway Trust Fund will run out of money this fall. With vehicles more fuel efficient and people driving less for financial reasons, gas tax revenues continue to decline; and gas t~es haven't been adjusted in 20 years. Florida also has a multibillion dollar shortfall in needed infrastructure improvements. Cities along the proposed passenger train route are finally waking up to the adverse implications of having almost 50 trains a day pass through their cities. U.S Representatives Lois Frankel and Patrick Murphy from South Florida have urged the Federal Railroad Administration to hold up low cost loans to All Aboard Florida until serious safety concerns are addressed. They also have told the u.s. Transportation Secretary the following, and I quote: "While All Aboard Florida may boost tourism and business in Florida's largest cities, it also may delay emergency vehicles, create traffic jams, raise noise pollution, and block waterways along hundreds of miles of tracks." I agree. MINUTES SPECIAL CITY COMMISSION MEETING FINAL BUDGET HEARING MONDAY, SEPTEMBER 22, 2014 6:30 P.M. – COMMISSION CHAMBERS CALL TO ORDER The meeting was called to order at 6:30 p.m. PLEDGE OF ALLEGIANCE Mayor Resnick led the Pledge of Allegiance. ROLL CALL Deputy City Clerk Patricia Staples read the roll call. Commissioner Ted Galatis, Commissioner Tom Green, Commissioner Scott Newton, Vice Mayor Julie Carson and Mayor Gary Resnick were in attendance. Also in attendance were City Manager Joseph Gallegos, City Attorney Kerry Ezrol and City Clerk Kathryn Sims. RESOLUTIONS a. Resolution No. 2014-0068: (2nd Public Hearing) Final Millage Rate A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA, ADOPTING A FINAL OPERATING MILLAGE RATE OF 6.0683 FOR GENERAL OPERATING BUDGET PURPOSES FOR FISCAL YEAR 2014/15; ADOPTING A FINAL MILLAGE LEVY FOR VOTED DEBT SERVICE OF 0.2178 FOR THE 1999 PARKS BOND FOR FISCAL YEAR 2014/15; ADOPTING A FINAL LEVY FOR VOTED DEBT SERVICE OF 0.4364 FOR THE 2008 CITY HALL BOND FOR FISCAL YEAR 2014/15; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. City Clerk Sims read the title of Resolution No. 2014-0068. Mayor Resnick stated the final operating millage rate and the roll-back rate for fiscal year 2014/15. Assistant City Manager Henderson gave an overview of the millage rate: The operating millage rate is 6.0683 and the total combined millage rate including the 1999 Park Bonds and the 2008 City Hall Bond is 6.7225, a reduction of 0.294 mils or 3% from the current fiscal year. The impact to the average single family home taxpayer under the Save Our Home Amendment with Homestead Exemptions results in overall decrease of Ad Valorem Taxes is $30.26 and the fiscal impact to single family homes not subject to the Save Our Home Amendment results in overall decreases in Ad Valorem Taxes is $51.64. Mayor Resnick opened the public hearing. Mayor Resnick closed the public hearing. Commissioner Newton moved to approve Resolution No. 2014-0068. Vice Mayor Carson seconded the motion. Commissioner Newton stated that a millage rate such as this is what it takes to run the City for the quality of life of the residents. Commissioner Galatis stated that the millage was reduced by 2.4% and still have a strong capital budget and are still strengthening the Police Department. Vice Mayor Carson appreciated everyone who made this millage rate happen. She stated that it is important to note that the millage rate did go down, but with the high market value taxes do increase slightly. Mayor Resnick stated that only nine municipalities are reducing their millage rate out of 30 cities in Broward County. Wilton Manors is among an elite group that is actually lowering the millage rate and fifth with the largest decrease among the cities in Broward County. He stated that the City of Wilton Manors ranked 18th in millage rates in Broward County, $14,000 from being 17th. He asked if the Commission would reduce the general fund by $14,000 to be ranked 17th. The Commission did not think it was necessary to make such a change. The motion prevailed by a unanimous roll call vote. c. Resolution No. 2014-0069: (2nd Public Hearing) Final Budget for FY 2014-2015 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA, ADOPTING THE FINAL BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2014, AND ENDING SEPTEMBER 30, 2015; DETERMINING AND FIXING THE AMOUNTS NECESSARY TO CARRY ON THE GOVERNMENT OF THE CITY FOR THE ENSUING YEAR; PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE. City Clerk Sims read the title of Resolution No. 2014-0069. Assistant City Manager Henderson gave an overview of the budget for Fiscal Year 2014-2015. This resolution adopts the final budget for fiscal year 2014/15 in the amount of $29,979,575.00, this budget has been extensively reviewed by the Budget Review Advisory Committee during several workshops and a public hearing with the City Commission. Mayor Resnick opened the public hearing. Paul Kuta, 500 NE 28th Street – verbatim notes attached. Boyd Corbin, 12 NE 26th Street – stated that he believes the City could do the same job as Lanier Parking, reading meters and issuing parking violations, for half of the cost. He mentioned that Lanier Parking pays their employees minimum wage, and although the City pays much more than that it would still be a cost savings. Mr. Corbin added that he felt the City wasted taxpayer money by purchasing the duplex and the triplex next to Hagen Park’s tennis courts. He expressed concern on the cost of parking lot construction. He stated that he feels as though taxpayers’ money is being thrown away. He also mentioned that the top issue facing the city is crime, particularly home invasions and auto burglaries, yet after salary increases there is still no decrease in crime. He asked the Commission to reconsider the leadership in the Police Department Paul Rolli, 2016 NE 6th Terrace – stated that he supports the millage rate as proposed and agreed to and also the budget as finally determined. He mentioned that Mayor Resnick had asked the Budget Review Advisory Committee to review changes in the budget, caused by the Compensation and Classification Study, but that they were not able to due to a standing policy, but that the recommendations from BRAC have not changed. Mayor Resnick closed the public hearing. Commissioner Galatis moved to approve Resolution No. 2014-0069. The motion was seconded by Vice Mayor Carson. Comments from the Commission Commissioner Galatis stated that the budget is well thought out and that staff worked hard to meet the needs and maintain the level of serviced that the residents of Wilton Manors have come to expect. He gave the budget process and final budget his full support. Vice Mayor Carson praised Finance Director Mays along with City staff that brought forward equitable pay and also brought employees to at least the minimum pay for their salary range. She stated that the City has struggled to make sure its employees are treated equally. She mentioned that it is also a goal to make sure our contractors treat their employees with the same dignity as the City treats theirs. She is very excited about the compensation plan being included in the budget. Commissioner Green stated that he is still concerned about the compensation. He said that he supports the request for $44,000 to bring all of the employees up to minimum as described by the study but that he does not support the request for $50,000 to bring employees to mid-range. City Manager Gallegos responded to Commissioner Green’s concerns by saying that the mid-range increases provided only a $500-$2500 increase. He explained by saying that due to the fact that no increases were given for many years, employees have not financially advanced. Also, salary compression occurs, a phenomenon not welcomed. Commissioner Green reiterated that the study was done last minute and did not have a chance to discuss it properly with staff. Human Resources Director Dio Sanchez stated that the consultant was given all information on any anticipated increased such as merit, COLA and wage adjustments, when conducting the study. The compensation study takes into account a 3% cost of living to employees. He added that it would be more costly to implement the proposed class system if these increases were not factored in. Vice Mayor Carson wanted to know if all of employees will be brought up to the minimum range, or just thirty-seven (37) of the employees will be getting an equity adjustment. Director Sanchez responded by saying that that ranges are not being reviewed as much as persons that have been in a position for a substantial amount of time and still under the minimum range. He explained: if an employee has been employed for a long period of time and they fall over the midpoint of their range the employee was not decided that the employee should be at their maximum. The only goal is to bring all employees to the minimum if warranted. The exercise is to address compression. Commissioner Newton asked the Commission if they felt the same way as Commissioner Green and did not favor the $50,000. Discussion ensued amongst the Commission. Commissioner Galatis stated that the entire Commission attended the workshop with the consultant and agreed to spend taxpayer money to have the study completed. The City has not had one in ten years and need to remain competitive with other cities in Broward County, so that it can attract and continue to maintain its employees. If salaries are compressed, equity adjustments should be made. He stated that he supports the recommendations of the study. Commissioner Green stated that he would like to spend time researching the acquisition of police body cameras. He also stated that he would like to have one charging station for electric cars installed at the renovated Mickel Park. Commissioner Green added that he would like for City staff to start researching fire fees, to charge only a minimum amount to non-profit organizations and to stop the continuous escalation of fire fees to residents. He added that he was pleased to see the Library position added. He echoed Vice Mayor Carson’s opinion on the Code Compliance additions and agrees with their recommendations to move positions and recruit a full time position. He stated that he prefers fulltime employees to part time positions or contracting out services. Commissioner Green stated that the budget is a good budget and thanked everyone who worked on it including staff, the Budget Review Advisory Committee and the residents that attended some of the public hearings. It’s a reasonable budget for the residents in Wilton Manors and will provide the services they have come to expect and desire. It will also allow staff to perform an incredible amount of work at Mickel Park. He added that he is happy that Mr. Kuta suggested a raise for the City Commission. Commissioner Newton stated that he has never been happy about a budget, as he works hard for his money and tax dollars just as the Wilton Manors residents do. He stated that the Commission, staff and the Budget Review Advisory Committee worked hard to make a qualified budget for the quality of life for our residents. He added that it is easy to spend money, but it is hard to spend money in the right places to make it equitable for all. The Police Department is full for the first time in years. It is a wonderful department with a good Chief and staff. Commissioner Newton stated that this budget accounts for all the great departments. He ended by saying that he proudly supports the budget for Fiscal Year 2014-2015. Mayor Resnick began by saying that he absolutely does not support getting rid of the City’s Police Department, as it is a terrific resource and the community supports it. The department provides safety and is part of the City’s identity. Mayor Resnick stated that the budget fulfills his priorities by increasing the City’s public safety resources and a sustainable Police Department, Fire Department and Code Enforcement Department. He stated that the budget supports the park systems by providing tremendous resources for improvements. He also spoke on the water and sewer rates, reminding residents that this is an expense not funded through the general fund, but that staff will work closely with Fort Lauderdale to make sure the rates remain sustainable. Mayor Resnick stated that the Commission wants Wilton Manors to remain the most desirable community in Broward County in which to live and the most desirable community to open a business, therefore it is their responsibility to makes sure taxes, etc. are sustainable. He thanked the Budget Review Advisory Committee, Finance Director Mays and his department and all of city staff for their contributions to the final budget. Commissioner Galatis moved to approve Resolution No. 2014-0069, approving the final budget for Fiscal Year 2014-2015. Vice Mayor Carson seconded the motion which prevailed by a unanimous roll call vote. Mayor Resnick asked the candidates for the November Election to introduce themselves: Sal Torre, for Commission Naomi Parker, for Commission Doug Blevins, for Mayor Boyd Corbin, for Mayor Ted Galatis, for re-election to the Commission Scott Newton, for re-election to the Commission Gary Resnick, for re-election as Mayor ADJOURMENT The meeting adjourned at 7:29 p.m. Paul Kuta•s Public Remarks at 2nd Budget Hearing on 09/22/2014 My name is Paul Kuta, and I reside at 500 N.E. 28th Street in Wilton Manors. To elevate the discussion for a moment, I wish to point out that as our local City Commission meets this evening to do its duty and approve a budget for the coming fiscal year, the United States Congress has not approved a single Appropriations Bill for Riscal Year 2014-2015. At the first Public Hearing on the Wilton Manors Proposed Budget, I expressed my belief that I thought the budget-- and thus the proposed millage rate--were a bit high because of two factors. Tonight, I wish to state my admiration for the technically superb budget put together by our extremely competent Finance Director Bob Mays. In what was a true demonstration of his skills, at the last moment under tight timelines, Mr. Mays--with the cooperations of all city department heads--was able to incorporate the recommendations of the contracted Employee Compensation Study for adjustments to the salary levels for various city positions. I thought Vice Mayor Carson eloquently addressed this issue at first Budget Hearing. Looking ahead to the coming fiscal year, I think that there are two areas worth addressing by the Budget Review Committee. As the BRC Chair, Paul Rolli, well-stated at the last Public Hearing on the Budget, more attention is needed to the everincreasing city fees outside the millage rate which impact the residents and businesses in our city. Secondly, I strongly believe that the salaries for our Mayor and City Commission should be raised; and this is best addressed by a respected body separate from our elected officials in a non-election year. MINUTES REGULAR CITY COMMISSION MEETING TUESDAY, September 23, 2014 7:00 P.M. – COMMISSION CHAMBERS CALL TO ORDER Mayor Resnick led the Pledge of Allegiance. Mayor Resnick asked for a moment of silence for Sarah Spirit and her six children, who were fatally shot in Florida. He also honored Ada Graham-Johnson, former City Clerk for Deerfield Beach, who recently passed away. ROLL CALL City Clerk Kathryn Sims called the roll. Present were Commissioner Tom Green, Commissioner Ted Galatis, 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 Carson announced the following: Rosh Hashanah begins the following day. Residents Carol and Josh Clark celebrated their first wedding anniversary. The Police Benevolent Association (PBA) unanimously passed its three-year contract with the City, and the City’s negotiating team was thanked. National Voter Registration Day was on this day. John Fiore was honored for 25 years of service with Broward County at the County Commission meeting. City-contracted Lanier Parking pays their employees $10 per hour, well above the $7.93 per hour Florida minimum wage. ADDITIONS/CHANGES/DELETIONS Vice Mayor Carson requested discussing protocols associated with the extension of hours to serve/sell alcohol under New Business. PROCLAMATIONS King Wilkinson Pioneer 2014 Mary Ulm, President of the Wilton Manors Historical Society, presented their nomination and selection for the 2014 Broward County Pioneer representing Wilton Manors. Mayor Resnick read the proclamation for King Wilkinson. Former Mayor Wilkinson expressed his appreciation for the award and thanked Paul Kuta for his support. Fire Prevention Week Mayor Resnick read the proclamation for Fire Prevention Week. A representative from the Fire Department thanked the City for the proclamation and related the history of Fire Prevention Week. PRESENTATION Presentation “Keeping the Drive Picture Perfect” by Thomas Alford, Manic Art Designs Mr. Alford of Manic Art Designs, noted a lot of trash building up on Wilton Drive, and reported that his company adopted the Drive. He said it is going to be a big undertaking, and listed three concerns: 1. Community involvement a. Has Facebook page, “Clean the Drive Wilton Manors” b. Holds a “Meet and Greet” at Hunter’s nightclub the last Saturday of the month at 3:00 p.m. c. Met with Community Affairs Advisory Board and other groups d. Has 65 posters on the Drive e. Has worked with local media 2. Reduce the impact of litter on streets a. Start groups to help clean up b. October 4 will be a clean-up, with refreshments c. “Don’t Flick It” campaign regarding cigarette butts 3. Education a. Will be accomplished through Facebook page b. Community involvement in target areas c. Maps showing ash trays and trash receptacles Mr. Alford has been working with the Economic Development Task Force about a public art project on the Drive. COMMENTS FROM THE PUBLIC Melissa Kushner, 2607 North Dixie Highway (Menchie’s) - expressed concern about homeless people panhandling in front of her store and being passed out on her property. She wanted to know what was going to be done. Sal Torre, 309 NW 20th Street - spoke on Ordinance 2014-0008, which prohibits solicitation in and around certain roadways in the City. He said the reading of the ordinance has been postponed several times, and citizens and members of the Westside Association want to know why it is not on the agenda. Mr. Torre cited several nearby cities which have passed similar ordinances. He predicted that as neighboring cities begin to crack down on the problem, it will become more prevalent in Wilton Manors. Kate Donohue, 2817 NW 7th Avenue - commented she has worked with the homeless population, but does not appreciate being “accosted” by them in public. She said she avoids getting out of her car at the pharmacy because of this, and only goes through the drive-through. She mentioned Powerline and Oakland Park Boulevard being a problem. Some individuals are becoming aggressive if they are ignored. She hoped this problem could be addressed in a “kind and helpful” way. Paul Kuta, 500 NE 28th Street – verbatim notes attached. Karl Lenzer, 1465 NE 24th Court - representing Wilton Manors Business Association. Mr. Lenzer introduced a new phone app listing local businesses. Paul Rolli, 2016 NE 6th Terrace – President of the Central Area Neighborhood Association, applauded the efforts of Mr. Alford and his clean-up initiative. The Association also commended the Police Department regarding a recent incident on Wilton Drive; he also thanked them for their definition of a “hate crime.” Mr. Rolli asked residents to refrain from calling street crimes “hate crimes” before learning the facts. Mr. Rolli announced the Candidate Forum on the following Tuesday. Speaking as chair of the Budget Review Committee, Mr. Rolli said the compensation study was consistent with their recommendations on recruitment and retention of employees. Boyd Corbin, 21 NE 26th Street – claimed that the City wants to shut down the vacation rental industry because one or two are doing a bad job. Mr. Corbin then said he is calling for a change in police leadership if the crime rate does not go down and stay down. He continued that his arrest has already cost him $20,000 in legal fees. Mr. Corbin said that in a recent sworn deposition, Detective Frank Pilewski stated there was a report of a person matching his description entering a bar and using the “N word.” Mr. Corbin said there was no such report, and claimed that Detective Pilewski was trying to raise his current third-degree felony charge to a hate crime (second-degree felony). Mr. Corbin argued that Detective Pilewski should be fired, along with Chief O’Connell for protecting him. Nick Berry, 1901 Coral Gardens Drive – stated he was not in favor of banning vacation rentals, but was in favor of strict regulation on the rentals that can be enforced. Mr. Berry thanked the Wilton Manors Police Department for doing a “fantastic job” and was happy with the current Mayor. CONSENT AGENDA Commissioner Newton moved to approve the Consent Agenda as it appears below. Vice Mayor Carson seconded the motion which prevailed by a unanimous roll call vote. Minutes Minutes from the Regular Commission Meeting of May 13, 2014 Invoices Goren, Cherof, Doody & Ezrol, P.A. Acct No. 0200190R/Stmt No. 378 Acct No. 0601470R/Stmt No. 16 Acct No. 1004240R/Stmt No. 10 Acct No. 1006290R/Stmt No. 13 Acct No. 1107660R/Stmt No. 8 09/03/14 09/03/14 09/03/14 09/03/14 09/03/14 $1013.50 $ 58.50 $ 975.00 $ 117.70 $ 234.00 Acct No. 9201291R/Stmt No. Acct No. 9405721R/Stmt No. Acct No. 9601301R/Stmt No. Acct No. 9601351R/Stmt No. Acct No. 9902075R/Stmt No. Acct No. 9902098R/Stmt No. Acct No. 9902101R/Stmt No Acct No. 9902104R/Stmt No. Acct No. 9902105R/Stmt No. Acct No. 9902107R/Stmt No. Acct No. 9902108R/Stmt No. Acct No. 9902109R/Stmt No. Acct No. 9902113R/Stmt No. Acct No. 9902114R/Stmt No. 30 35 13 15 5 8 3 5 4 4 3 2 2 2 Biehn & Associates, Inc. Addendum #12/Billing Summary#2 09/03/14 09/03/14 09/03/14 09/03/14 09/03/14 09/03/14 09/03/14 09/03/14 09/03/14 09/03/14 09/03/14 09/03/14 09/03/14 09/03/14 $9788.58 $ 58.50 $ 234.00 $ 606.00 $ 526.50 $1671.80 $1618.50 $2124.69 $ 429.00 $1798.65 $ 253.50 $ 92.97 $ 703.50 $2184.00 08/31/14 $4795.00 Consent Resolutions Resolution No. 2014-0070: (Leisure Services) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS OF THE CITY OF WILTON MANORS, FLORIDA, TO SUBMIT A GRANT APPLICATION TO THE BROWARD COUNTY HOUSING FINANCE AND COMMUNITY DEVELOPMENT DIVISION FOR $66,333.00 (41 ST YEAR ALLOCATION) IN COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO INSTALL A SHADE STRUCTURE COVERING THE FITNESS ZONE AND NEAR THE PARK BUILDING ENTRANCE AT THE ISLAND CITY PARK PRESERVE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 2014-0073 (City Clerk) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA, SETTING FORTH LEGISLATIVE FINDINGS THAT UTILIZATION OF CITY OF WILTON MANORS SPONSORED SOCIAL MEDIA SERVES A MUNICIPAL PURPOSE; DEFINING PARAMETERS APPROVED BY THE CITY COMMISSION FOR ESTABLISHMENT AND MAINTENANCE OF THE CITY OF WILTON MANORS, FLORIDA FACEBOOK PAGE AND OTHER SOCIAL MEDIA; AUTHORIZING THE USE OF THE CITY SEAL ON THE FACEBOOK PAGE AND OTHER SOCIAL MEDIA; APPROVING A SOCIAL MEDIA POLICY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 2014-0075: (Library) 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 SUBMIT AN APPLICATION FOR A FLORIDA DEPARTMENT OF STATE, DIVISION OF LIBRARY AND INFORMATION SERVICES GRANT FOR THE EXPANSION OF LIBRARY PROGRAMS AND SERVICES; AUTHORIZING THE EXECUTION OF THE GRANT AGREEMENT, IF AWARDED; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 2014-0076: (City Manager) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA, APPROVING AND AUTHORIZING EXECUTION OF THE AGREEMENT BETWEEN THE CITY OF WILTON MANORS AND THE LAW FIRM OF GOREN, CHEROF, DOODY & EZROL, P.A. AS CITY ATTORNEY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE Resolution No. 2014-0078: (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 AN ELEVENTH AMENDMENT TO THE ORIGINAL AGREEMENT WITH SAL’S TOWING, INC., TO PROVIDE TOWING SERVICES FOR THE CITY OF WILTON MANORS EXTENDING THE TERM THROUGH OCTOBER 31, 2014; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 2014-0079: (Finance) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA, AMENDING RESOLUTION NO. 2013-0092 TO ESTABLISH THE MONTHLY WATER AND SEWER UTILITY SERVICE CHARGES FOR FISCAL YEAR 2014-2015; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Resolution No. 2014-0082: (Leisure Services) A RESOLUTION OF THE CITY COMMISION OF THE CITY OF WILTON MANORS, FLORIDA, APPROVING AND AUTHORIZING THE PROPER CITY OFFICIALS OF THE CITY OF WILTON MANORS TO EXECUTE THE THIRTEENTH AMENDMENT TO THE ORIGINAL AGREEMENT WITH BIEHN & ASSOCIATES, INC., TO PROVIDE CONSULTING AND PROJECT MANAGEMENT AND SUPPORT SERVICES FOR FISCAL YEAR 2015; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Items pulled from the Consent Agenda Resolution No. 2014-0077: (Human Resources) 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 BROWARD COUNTY POLICE BENEVOLENT ASSOCIATION, FOR THE TERM OCTOBER 1, 2014 TO SEPTEMBER 30, 2017; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Commissioner Newton moved to approve Resolution No. 2014-0077. Commissioner Green seconded the motion. Commissioner Newton commended those who were involved in negotiating the agreement. He stated the police officers deserve to be paid for what they do; even though they are not on the top of the list in terms of pay, they are getting a “fair shake” for what they do. He could not recall ever having a unanimous vote by the union to approve the contract. Commissioner Green stated he was very happy with the results and thanked both parties involved. He expressed his appreciation for the work done by the police officers. He was hopeful that the three-year contract would lead to labor stability. Commissioner Green was gratified that the contract included a stipend for any police officer who lives in Wilton Manors, and hoped it would have an effect on the newer officers. Commissioner Galatis thanked the Police Benevolent Association for getting the contract completed. He added he would like to see the police have the authority to enforce local ordinances, such as those against panhandling or aggressive behavior at intersections or in front of businesses. Vice Mayor Carson thanked the Mayor for requesting a team that was not the City’s legal team to negotiate (per PBA’s request). She said she tried that three years ago without success. Vice Mayor Carson also thanked Commissioner Green for his instrumental role in pushing the stipend for officers who live in the City, as it is a way of thanking them. Mayor Resnick expressed appreciation for the initial leadership of Jim Cherof and the attorney for the PBA, even though they were not the ones to complete the negotiations. He mentioned the City has very qualified individuals in contract negotiations. Mayor Resnick believed it is important for Wilton Manors to have its own police department as part of its identity. He mentioned there was a turnover of approximately one-third of the police personnel in the last few years and praised the Police Chief for managing the transition and recruiting qualified personnel to fill those positions. Mayor Resnick stated that hiring a police officer is a lengthy process and commended Human Resources for their part in the procedure. With respect to the contract, he outlined that the contract will allow them to recruit and retain qualified personnel, which provides increased stability. Additionally, Mayor Resnick felt the contract was fair in terms of the Police Department, residents and all employees. He thanked all who participated in the process. Broward County PBA President Jeff Marano thanked the negotiating team for their efforts. He mentioned the inherent danger in being a police officer and thanked the City Commission for their support. Mr. Marano also thanked the City Commission for allowing them to recognize their First Amendment right to participate in the political process. Mr. Marano thanked Paul Hugo for being a great friend. Mayor Resnick observed that Wilton Manors is not immune from crime, and the City appreciates the wonderful work of the police officers. Motion to approve Resolution No. 2014-0077 prevailed by a unanimous roll call vote. Resolution No. 2014-0081: (City Manager) 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, FLORIDA TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH CONCEPTUAL COMMUNICATIONS, LLC, EXTENDING THE TERM OF THE ORIGINAL AGREEMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Commissioner Newton moved to approve Resolution No. 2014-0081. Vice Mayor Carson seconded the motion. Commissioner Newton sought assurance that they would be working with the Business Association or with the task force developing the agreement. It was noted that Lauri Menekou, President of Conceptual Communications is an active member of the Wilton Manors Business Association. Mayor Resnick commented that if there are events needing publicity, to notify the City Manager’s Office to pass it on to them. Commissioner Green approved of the “softening” of the Town Crier cover. He wished the other photographs would be moved more towards the edge of the page, rather than being in the crease. He also recommended a more visible distinction between articles on the same page. Vice Mayor Carson said the layout could be improved if articles began where the picture is located. Motion to approve Resolution No. 2014-0081 prevailed by a unanimous roll call vote. Travel Authorization Travel Authorization for Administrative Supervisor Chris Cooper to attend the National Executive Development School – New Mexico Recreation & Park Association from December 2, 2014 – December 7, 2014 in Albuquerque, New Mexico. Vice Mayor Carson moved to approve the Travel Authorization for Administrative Supervisor Chris Cooper. Commissioner Green seconded the motion. Mayor Resnick asked the City Manager why there was an exception for this instance of paying for employees to attend out-of-state training. City Manager Gallegos explained that he was approached by the Department Director about this item, and he felt this would be a good opportunity for development of the “next generation” of leaders. City Manager Gallegos stated there is a policy against funding out-of-state (normal conferences) for all department directors, and any requests to go out-of-state are reviewed by him. He added it is unusual. Motion to approve Travel Authorization for Administrative Supervisor Chris Cooper prevailed by a unanimous roll call vote. PUBLIC HEARINGS Ordinance No. 2014-0009: (Second Reading) (Finance) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA AMENDING CHAPTER 19 OF THE CITY’S CODE OF ORDINANCES ENTITLED “TRAFFIC AND VEHICLES”, BY CREATING SECTION 19-3.1 ENTITLED “AUTHORITY OF PARKING ENFORCEMENT SPECIALISTS”, SPECIFICALLY AMENDING SECTION 19-9 ENTITLED “CITATION APPEAL PROCESS; FAILURE TO PAY PARKING VIOLATION CITATION”, SECTION 19-30 ENTITLED “ENFORCEMENT”, SECTION 19-31 ENTITLED “FINES FOR VIOLATIONS”, SECTION 19-42 ENTITLED “PROHIBITED IN SPECIFIED PLACES”, SECTION 19-55 ENTITLED “PUBLIC PARKING; PARKING IN THE BUSINESS AND ARTS AND ENTERTAINMENT OVERLAY ZONING DISTRICTS”, SECTION 19-55.1 ENTITLED “PARKING FEES, ON-STREET METERED/PAY STATION AND OFF-STREET PAY STATION”, SECTION 19.55.2 “FAILURE TO PAY FOR PARKING IN CITY PAY PARKING AREAS”, SECTION 19-57 ENTITLED “FINES AND REMOVAL”, AND SECTION 19-60 ENTITLED “REGULATION OF CONTROLLED PARKING IN RESIDENTIAL AREAS”, REPEALING SECTION 19-55.3 ENTITLED “ADMINISTRATIVE APPEAL” IN ITS ENTIRETY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Commissioner Green moved to approve Ordinance No. 2014-0009. Vice Mayor Carson seconded the motion. Mr. Gallegos provided an overview of the ordinance, noting it is a “clean-up” of the existing parking ordinance. Mayor Resnick opened the public hearing. Hearing no comments, Mayor Resnick closed the public hearing. Mayor Resnick reported they had received complaints that the time to pay parking tickets was too short, and the monetary increment for late payment was excessive. This ordinance corrects both situations, while not having a negative fiscal impact on the City. He mentioned there is a mobile app available to pay parking meters. Motion to approve Ordinance No. 2014-0009 prevailed by a unanimous roll call vote. RESOLUTIONS Resolution No. 2014-0071 (City Clerk) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA, CONFIRMING, AS A MINISTERIAL FUNCTION, THE APPOINTMENT OF THE ELECTED GENERAL EMPLOYEES’ REPRESENTATIVE AND THE ELECTED POLICE OFFICERS’ REPRESENTATIVE TO THE CITY OF WILTON MANORS PENSION BOARD OF TRUSTEES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. City Manager Gallegos stated that two member employees (Brenda Clanton and Shaun Chadwick) are also participants of the plan, but their terms are expiring. A memo was sent to all members, but no one has applied to on the Board. Therefore, the two employees are reappointed. Commissioner Green moved to approve Resolution No. 2014-0071. Commissioner Newton seconded the motion, which prevailed by a unanimous roll call vote. Resolution No. 2014-0074 (City Clerk) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA APPOINTING TWO MEMBERS TO THE PENSION BOARD OF TRUSTEES OF THE CITY OF WILTON MANORS, FLORIDA; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. City Manager Gallegos stated that two of the City Commission’s appointees, Barbara Bihus and Richard Foss, have terms that will expire on October 1, 2014. Mr. Foss does not wish to be reappointed, but Ms. Bihus does. Mr. Joshua Kroon submitted a resume, as did Carol Clark. Although Ms. Clark had previously stated that her preference was to serve on the Library Advisory Board, Vice Mayor Carson said that Ms. Clark would like to be considered for the Pension Board. Mayor Resnick advised that Ms. Bihus could not attend due to health reasons. Mr. Kroon and Ms. Clark spoke on their qualifications. Commissioner Green and Mayor Resnick commented on behalf of Ms. Bihus. (City Attorney’s report given at this time) City Attorney Ezrol reported as follows on the Urseola property: Mr. Urseola was supposed to file a response in the Quiet Title Action, but did not do so by the previous day. Attorney Ezrol advised that based on that, he assumes the Court will grant the City’s motion for release of the funds held as surplus funds by the Broward County Revenue collector (approximately $53,000). Regarding the Carbonado case, he reported the following attorney’s fees to date are $4,953, and out-of-pocket expenses to third parties are approximately $3,100. There is a default against Carbonado, and the proof of publication was filed on Mr. Chantal (since they could not locate him). The first publication date was September 4, 2014. If no response is received by October 6, 2014, they will move for default. Attorney Ezrol thanked the City Commission for renewing the contract with their law firm. (Resolution No. 2014-0074 continued) Commissioner Green moved to approve Resolution No. 2014-0074 appointing Joshua Kroon and Barbara Bihus to the Pension Board. The motion was seconded by Commissioner Newton. The motion prevailed by a unanimous roll call vote. Resolution No. 2014-0072 (City Clerk) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA APPOINTING THREE (3) REGULAR MEMBERS TO THE LIBRARY ADVISORY BOARD OF THE CITY OF WILTON MANORS, FLORIDA; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Mayor Resnick stated there were three applicants and three openings. Commissioner Green moved to approve Resolution No. 2014-0072, appointing Carol Clark, Jeffrey Ferraro and Lillian Robertson to the Library Advisory Board. The motion was seconded by Vice Mayor Carson. The motion prevailed by a unanimous roll call vote. Resolution No. 2014-0080: (Human Resources) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA, APPROVING AND ADOPTING THE CLASSIFICATION, COMPENSATION AND BENEFITS STUDY PREPARED BY HR COMPENSATION CONSULTANTS, LLC (HRCC); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. City Manager Gallegos provided an overview of the compensation and classification study and recommendation by HRCC. Vice Mayor Carson moved to approve Resolution No. 2014-0080. Commissioner Newton seconded the motion. Commissioner Green expressed concern about $50,000 for bringing employees to midrange. He did not recall this being decided at the workshop; he agreed that the Finance Department should research it further. He thought every department’s budget had been tapped to accomplish the study. Although he wants the study done, he felt the $50,000 should be done in the second year. Commissioner Green stressed that he does not like studies that “come in at the last minute.” Furthermore, he thought studies generally bring in the results that please the people who paid for them. Commissioner Green amended the motion to implement the pay range now with a cost of $44,000 and to hold off on implementing the equity adjustment of $50,000 to next year. Commissioner Newton seconded the motion. Vice Mayor Carson stated she was not in favor of the motion to amend. She felt the City Commission had ample time to review the matter, and the Department heads joined in sharing so that everyone was a stakeholder in that portion of the budget. Vice Mayor Carson said that now is the time to do it, and the lower paid employees will brought up to par with their colleagues in other cities. Commissioner Green acknowledged there was enough time to read the report, but not enough time for Budget Review Advisory Board (BRAC) to review it. He said only one member from that Board was in attendance at the workshop and did not think the matter was handled in a transparent fashion. City Manager Gallegos stated an invitation email was sent to BRAC members, but a number of members were out of town. Mayor Resnick invited members of BRAC to comment. Sal Torre, 309 NW 20th Street, said the notice was sent out as a general notice (not specific to BRAC members), but the study itself was not distributed to them. Because the email also announced another meeting, he did not pay much attention to it. Commissioner Newton believed the departments were already skimping when they got the request. He was curious about where the $50,000 was coming from. Finance Director Bob Mays said that when they were working on the PBA contract, they had set aside $42,000, but only needed $12,000, so the balance was set aside. The rest of the money came from various budget line items, such as discretionary accounts in each department. Department heads were asked for their input and ultimately all agreed to support the study. Therefore, the fiscal effect on the budget for 2015 is nil. Commissioner Newton verified that they did not take any monies from the reserve. Paul Rolli, 2016 NE 6th Terrace, Chair of the Budget Review Advisory Committee, said they did not discuss the deliberations per se because they did not have the study. He said they were notified by email, even though it was not specific to their Board. He said he had asked Mr. Mays the same questions just raised by Commissioner Newton. He said BRAC decided unanimously to support the study, since it did not have any fiscal impact. Commissioner Green withdrew his amendment after hearing the discussion, and Commissioner Newton withdrew his second. Commissioner Newton explained that he seconded the amendment so that they could discuss the item in more detail. Mayor Resnick advised that the cost of employee wages is compounded every year, especially with benefits. He thought the matter did have a significant impact on the budget. Further, Mayor Resnick stated he was “really unhappy” with the process, citing the following: Workshop held at Richardson Park Study was not in the backup agenda on the website Study was given out as a hard document at the workshop Originally told (in March) that it would help with the police contract, but it did not include any police salaries, just general employees No decision was made at the workshop but it showed up in the budget Budget was passed with implementation of the study Mayor Resnick said he would support the study and its implementation this coming fiscal year since they do have the budget to do it. He cautioned City staff to be fully transparent in their procedures. Mayor Resnick also said the City wants to be known for treating its staff fairly. The motion to approve Resolution No. 2014-0080 prevailed by a unanimous roll call vote. UNFINISHED BUSINESS (none) REPORTS FROM BOARDS AND ADMINISTRATIVE OFFICIALS City Manager’s Report City Manager Gallegos reported the following: October 14 and October 28, 2014, Commission meetings will have to be at Hagen Park due to early voting Swearing-in ceremony will be November 5, 2014, at 6:00 p.m. at a venue to be announced Mayor Resnick advised that citizens who normally vote at the Library will be at Hagen Park instead. Information will go out to voters. Commissioner Newton advised people who are running for office to make sure their signs are not on public land or public right-of-ways, per ordinance. He requested that Code Enforcement notify candidates to remove such signs. Commissioner Green was informed that enforcement of the State Election Code is by the State Division of Elections (such as in reporting a sign that violates the Code). City Attorney’s Report (City Attorney’s report given earlier) NEW BUSINESS Update on the Villas at Wilton Manors Plat located at 641 NW 29 Street (Community Development Services) Community Development Services Director Roberta Moore reported the plat has gone through County Commission approval. She noted it is the same plat that the City Commission had reviewed and approved in 2007 for eight lots. Ms. Moore said she is in contact with the new owners and consultants; the next step is for a site plan application. It was explained that the item was placed on the agenda since neighbors have been asking about signs on the property. Motion to approve extension of hours to serve/sell alcohol - The Manors Complex for Saturday, October 4, 2014 through Sunday, October 5 2014 (Community Development Services) Motion to approve extension of hours to serve/sell alcohol - The Manors Complex for Saturday, November 1, 2014 through Sunday, November 2, 2014 (Community Development Services) Motion to approve extension of hours to serve/sell alcohol - The Manors Complex for Saturday, November 29, 2014 through Sunday, November 30, 2014 (Community Development Services) Commissioner Newton made a motion to approve Items b, c, and d, which are the Manors Complex for Saturday, October 4, 2014, Saturday, November 1, 2014, and Saturday, November 29, 2014 through Sundays. Commissioner Galatis seconded the motion. Commissioner Newton verified with Chief O’Connell that he saw no problems with the extensions. Vice Mayor Carson noted these requests did not appear 30 days in advance as required. Paul Hugo, 2345 Wilton Drive, dba The Manor, said he misunderstood the ordinance, and thought it had to be submitted 30 days in advance of the event, which he did to the Community Development Services Department. City Attorney Ezrol confirmed it had to be presented to the City Commission 30 days in advance. Mr. Hugo apologized for his ignorance of the ordinance, but said he had been submitting such requests 30 days in advance of events for the last five years without a problem. He asked for an exception, since they will be celebrating their fifth anniversary. Mayor Resnick said an exception would only apply to Item (b). It was established that it was submitted to the Department on September 2, 2014, 35 days before the event. Vice Mayor Carson thought that having done it in the past was not a good excuse to do it again and she wanted to follow the ordinance so that everyone has the same opportunity. Commissioner Green thought since he submitted it 35 days in advance, it should be approved. He recommended revisiting the ordinance. Community Development Services Department Director Moore stated that a warning letter went out to all business owners on the Drive after the last Commission discussion on the matter. They also hand-delivered the information. Mayor Resnick said nobody could have submitted a request in time after that meeting due to the Commission meeting schedule. Commissioner Green stated his opposition to extending the drinking hours in general and said he would not vote for any of the requests. Mr. Hugo remarked that the businesses in Wilton Manors are just trying to keep up with those in neighboring cities. Motion to approve Items b, c, and d prevailed by a roll call vote (3-2) with Vice Mayor Carson and Commissioner Green dissenting. Motion to approve extension of hours to serve/sell alcohol – A Brand New Start DBA Hunters Fort Lauderdale for Saturday, November 1, 2014 (Community Development Services) Commissioner Newton made a motion to approve extension of hours to serve/sell alcohol – A Brand New Start DBA Hunters Fort Lauderdale. Vice Mayor Carson seconded the motion. Applicant Mark Seymour, 2232 Wilton Drive, said Hunters Fort Lauderdale is also known as A Brand New Start LLC. Commissioner Green thanked him for his help cleaning up Wilton Drive. Vice Mayor Carson verified that the request was for Halloween, and that they have hired additional security. Motion to approve the extension of hours to serve/sell alcohol – A Brand New Start DBA Hunters Fort Lauderdale prevailed by a roll call vote (4-1) with Commissioner Green dissenting. Motion to approve extension of hours to serve/sell alcohol – Sidelines Sports & Video Bar for Saturday, November 1, 2014 (Community Development Services) Motion to approve extension of hours to serve/sell alcohol – Sidelines Sports & Video Bar for Saturday, November 29, 2014 through Sunday, November 30, 2014 (Community Development Services) Motion to approve extension of hours to serve/sell alcohol – Sidelines Sports & Video Bar for Thursday, January 1, 2015 (Community Development Services) Commissioner Galatis made a motion to approve the extension of hours to serve/sell alcohol at Sidelines Sports & Video Bar for Saturday, November 1, Saturday, November 29 through Sunday, November 30 and for Thursday, January 1, 2015, items f, g, and h (Sidelines), and Commissioner Newton seconded the motion. Community Services Department Director Moore confirmed that since request for January 1, 2015 was submitted in 2014, it would count towards the total requests for 2014, not 2015. City Manager Gallegos asked and received a consensus of the Commission to review possible amendments to the ordinance regarding alcohol sales. Chief O’Connell stated he had no issues with the extension of alcohol hours for either Sidelines or Hunters. Ms. Moore expressed concern with trash pickup. Andrew Lord, 2031 Wilton Drive, Sidelines, said they always have extra bar backs and trash cans at special events; they also use glassware so plastic will not go outside. There is extra security in place and staff to clean up the property. He stated they do not clean up trash after 11:00 p.m. in deference to the neighbors in the back; it is taken out when they open the next morning. Mayor Resnick expressed his appreciation for them taking measures to respect their neighbors. Motion to approve the Sidelines extensions prevailed by a roll call vote (4-1) with Commissioner Green dissenting. Motion to approve extension of hours to serve/sell alcohol – Bill’s Filling Station for Saturday, November 1, 2014 (Community Development Services) Vice Mayor Carson made a motion to approve the extension of hours to serve/sell alcohol for Bill’s Filling Station for Saturday, November 1, 2014, and Commissioner Newton seconded the motion. Chief O’Connell stated he had no issues with the extension of alcohol hours for either Bill’s Filling Station or Georgie’s Alibi. Upon Mayor Resnick’s request, Ms. Moore stated she would send a letter to the applicants advising them to clean up after their events and take extra steps with their patrons after hours. The motion prevailed by a roll call vote (4-1) with Commissioner Green dissenting. Motion to approve extension of hours to serve/sell alcohol - Georgie’s Alibi for Saturday, November 1, 2014 (Community Development Services) Vice Mayor Carson made a motion to approve extension of hours to serve/sell alcohol Georgie’s Alibi for Saturday, November 1, 2014 , and Commissioner Galatis seconded the motion. It was noted that if Georgie’s uses their parking lot to sell alcohol, but go beyond contiguous contact with their brick and mortar building, they would need to be cleared through the State. Andrew Lord, from Sidelines, stated that there is a special license ($140 per bar) from ABT that has to be approved by the Community Development Services Director prior to submission to the State for an extension of property. The motion prevailed by a roll call vote (4-1) with Commissioner Green dissenting. Protocol for Extensions Vice Mayor Carson recalled they did not initially have a mechanism for dealing with extensions of hours to serve/sell alcohol. She suggested changing “heard before the Commission” to “submittal” on the application. Vice Mayor Carson also clarified that there are actually five requests allowed per year, not five extensions per year. Since there can be three consecutive days in a request, the protocol actually allows a business 15 extension days per year. She also pointed out that the fee applies per request: a three-day extension would cost the same as one for one day. She called for clarifying the ordinance. City Manager Gallegos was asked to bring something back to the next meeting for discussion. Mayor Resnick suggested researching the item for best practices. REQUEST FOR PLACEMENT OF ITEMS ON NEXT MEETING AGENDA Application for Boards – for discussion (Vice Mayor Carson) Panhandling Ordinance (Mayor Resnick) REPORTS FROM ELECTED OFFICIALS Commissioner Newton No reports made. Commissioner Green Attended Wilton Manors Pension Board September 2, 2014 Attended Broward League of Cities Board on September 4, 2014 Attended Round Table on September 5 on Sober Homes with speakers Lois Frankel and Congressman Deutsch. He said there are many federal legal restrictions and, therefore, many are not able to get into homes. Delray Beach is the “Sober Home Capital” of the United States. Pompano and Boca Raton follow closely behind. He hoped Wilton Manors would be involved with the upcoming work with the legislators and other city attorneys. Attended the Planning and Zoning Board on September 8 Attended the Dolphin Democrats meeting on September 10, and they made endorsements for City races. Attended MPO Board on September 11. He distributed “quiet zone” maps for Broward County. At an upcoming meeting, the MPO will discuss installing electric chargers using transportation money. His suggestion to install electric charging stations in Mickel Field was met with a lukewarm reception. The MPO Board indicated interest in chargers at City Hall. Attended Florida League of Cities Legislative Policy Committee on September 12. He was appointed to the Transportation and Intergovernmental Relations Committee. Concerns for this committee are cars for hire (franchise fees) and city charter schools. Attended the budget hearing on September 12 Attended ENA meeting on September 18. They are still concerned about traffic on 16th Avenue and the bike lanes, as well as the church property. Attended final Millage and Budget Hearing on September 22 Announced candidate forum at Hagen Park on September 30 Will be giving a speech on gubernatorial race on September 25 at Broward College Wished all a happy and rewarding holiday Mayor Resnick Recognized the following candidates for City Commission: Sal Torre - for City Commission Scott Newton - re-election to City Commission Ted Galatis - re-election to City Commission Gary Resnick - re-election for Mayor Doug Blevins - for Mayor Vice-Mayor Carson Congratulated Board appointees Congratulations for King Wilkinson’s award Attended final session of Gilda’s Club event Attended ENA membership meeting on September 18 Attended New River Business Exchange Applauded public servants for focusing on the positive Commission Galatis Attended the WAWM meeting on September 4. He heard a presentation on portability of homestead exemptions. Attended Northeast High School on September 8 for meeting with school board members. Most of the discussion was about the $800 million school bond. Attended Patriot Day ceremony on September 11 FPL is replacing wooden poles with concrete poles (hardening project). This has created clusters of poles, since other companies (such as Comcast and AT&T) using the poles have not been moving their lines. He has approached the Public Service Commission, AT&T, Comcast, and finally all lines have been moved at the four poles by the Andrew’s Diner. Church property at 29th and Andrews was cleaned up a year ago, but grew back. They finally cleaned it up again due to neighbor’s complaining. Mayor Resnick Broward League of Cities adopted their budget for upcoming fiscal year. They are adding a new staff person and have some good initiatives. Attended Board meeting for Florida League of Cities September 19 and they approved their budget. That budget is important to Wilton Manors because the City obtains its liability and health insurance from the Florida League of Cities. They will not increase overall rates for municipalities. They have a lot of reserves to cover any catastrophic event. There are now options besides Citizens Insurance for wind insurance for homeowners east of I-95 because of changes in the law. He encouraged residents to contact their insurance agents. Attended ENA meeting on September 18 Will be attending the Florida League of Cities Legislative Committee meeting in Orlando in November. He is chairing that committee and also chairing the Broward League of Cities Legislative Advocacy Committee. The FCC’s Intergovernmental Advisory Committee (of which he is chair), submitted comments with respect to cell tower locations and jurisdiction over disputes. They asked the FCC to respect State, local governments, and Indian tribe laws. After meeting with representatives of Time-Warner, Comcast, AT&T, Direct TV, and consumer groups, they will provide input on the Comcast take-over of Time-Warner, and the AT&T take-over of Direct TV. Announced veterans and military job fair hosted by members of Congress, October 5 at Fort Lauderdale Armory. Cities are encouraged to participate. Announced publication of SunServe’s annual report, available on their website Announced Leadership Broward’s annual dinner on October 11 Announced Quality Florida annual gala on November 16 at Hyatt Regency Announced Broward Mayors Gala October 25 at Broward Convention Center Announced Town Hall meetings around the County to be hosted by the Broward County School Board Attended meeting hosted by School Superintendent regarding the bond referendum. He encouraged all to be informed on the issue. Happy Holidays and New Year to those celebrating Rosh Hashanah ADJOURNMENT The meeting adjourned at 9:51 p.m. MINUTES SPECIAL CITY COMMISSION MEETING ORGANIZATIONAL MEETING OF THE CITY COMMISSION WEDNESDAY, NOVEMBER 5, 2014 7:00 P.M. – HAGEN PARK CALL TO ORDER Mayor Resnick called the meeting to order at 7:23 p.m. INVOCATION Rabbi Noah Kitty, of Congregation ETZ Chaim, led the invocation. PLEDGE OF ALLEGIANCE Mayor Resnick led the Pledge of Allegiance. ROLL CALL City Clerk Kathryn Sims read the roll call. Commissioner Ted Galatis, Commissioner Tom Green, Commissioner Scott Newton and Vice Mayor Carson were in attendance. Mayor Gary Resnick attended by phone. Also in attendance were City Manager Joseph Gallegos and City Attorney Kerry Ezrol. INTRODUCTION AND RECOGNITION OF GUESTS (moved up in the meeting) Mayor Gary Resnick recognized former Mayor and State Representative Tracey Stafford, Former City of Fort Lauderdale Commissioner and State Representative-Elect Bobby Dubose, Circuit Court Judge Robert E. Lee, Police Chief Paul O’Connell and Rabbi Noah Kitty. COMMENTS FROM MAYOR AND COMMISSION Commissioner Galatis Commissioner Galatis spoke about his time on the Commission, since 2002. He served with many in his 12 years as Commissioner. The Commission had a common goal, advancing the City. He congratulated all of his fellow candidates that participated in a well-run race, stating that “it is not whether you win or lose it is how you play the game”. City Manager Gallegos City Manager Gallegos expressed that it has been a privilege to serve as City manager for 15 years. It is apparent that everybody on the dais loves the City. He congratulated the candidates. Vice Mayor Carson Vice Mayor Carson stated that it has been a pleasure to serve as Vice Mayor for the past two years. She shared a quote from Michelle Obama. Commissioner Green Commissioner Green stated that this was an interesting election and that he is going to miss Commissioner Galatis. The environment is a priority of his. He also mentioned that he served in Maria Sachs campaign and congratulated her on her win. Commissioner Newton Commissioner Newton stated that it was a pleasure to meet all of the candidates and that all had a positive view. He thanked Commissioner Galatis for his service. City Attorney Ezrol City Attorney Ezrol stated that it has been a pleasure to serve the City since 1196. He will miss Commissioner Galatis and looks forward to working with Justin Flippen. SWEARING IN OF NEWLY ELECTED OFFICIALS COMMENTS FROM NEWLY SWORN IN ELECTED OFFICIALS Cindy Newton swore in Commissioner Scott Newton. Commissioner Newton then stated that it takes a village to raise a child, and that the same devotion applies to the City of Wilton Manors. Circuit Court Judge Robert E. Lee swore in Commissioner Justin Flippen. Commissioner Flippen announced that the people of Wilton Manors have spoken. His priorities will be greenspace, the City’s waterways, parks and making the City as pet friendly as possible. (Speech has been made a part of the minutes.) Erik Bucher swore in Mayor Gary Resnick. He thanked his assistant Jenny Sica, his partner Eric Bucher, his campaign volunteers and the candidates. He stated that running for office is not easy and all candidates deserve to be commended for making a stand for the Community. He offered congratulations to Commissioners Flippen and Newton and thanked the rest of the Commission. He listed his priorities as being preserving and maintaining neighborhoods, continued efforts to improve commercial districts, continue the work started to improve the residents’ quality of life. INTRODUCTION AND RECOGNITION OF GUESTS - Mayor Gary Resnick (moved to after Roll Call) RESOLUTIONS: Resolution No. 2014-0089: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA, ELECTING A VICE MAYOR; PROVIDING FOR TERM OF OFFICE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. City Manager Gallegos explained Resolution No. 2014-0089. Vice Mayor Carson moved to elect Commissioner Newton as the new Vice Mayor. Commissioner Green seconded the motion, which prevailed by a unanimous roll call vote. ADJOURNMENT The meeting adjourned at 8 p.m. AGENDA WELCOME TO YOUR CITY COMMISSION MEETING YOUR INPUT IS ENCOURAGED DURING “COMMENTS FROM THE PUBLIC” AND DURING ANY SCHEDULED PUBLIC HEARING REGULAR CITY COMMISSION MEETING Tuesday, February 10, 2015 7:00 PM – COMMISSION CHAMBERS COMMISSION AGENDA REPORT MEETING DATE: Tuesday, February 10, 2015 From: Prepared by: (a) Subject: Minutes from the Regular City Commission meeting of April 22, 2014, Special City Commission meeting of September 22, 2014, Regular City Commission meeting of September 23, 2014, Special City Commission meeting of November 5, 2014 (b) City Manager Recommendation: (c) Report In Brief: (d) Discussion: (e) Strategic Plan Consistency: (f) Concurrences: (g) Fiscal Impact: (h) Alternatives: (i) Attachments: Pursuant to FS. 286.0105, if a person decides to appeal any decision made by the Board, Agency or Commission with respect to any matter considered at such meeting, or hearing, he will need a record of the proceedings and that for such purposes he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. Any person requiring Auxiliary Aids and Services for the Meeting may call the ADA Coordinator at 390-2122 at least two working days prior to the meeting. If you are Hearing or Speech impaired, please contact the Florida Relay Services by using the following phone numbers: 1-800-955-877 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF WILTON MANORS 2020 VVilton Drive Wilton Manors FL 33305 Page: 1 0210312015 2976-0200190R 1705 ACCOUNT NO: STATEMENT NO: Attn: Finance I Accounts Payable Utility Liens HOURS 0112812015 KLE Prepare releases of lien for 2211 N. Dixie Highway, 1408 NE 27th Street, 2849 NE 14th Avenue, 232 NW24th Street, and 132 E. Oakland Park Boulevard. FOR CURRENT SERVICES RENDERED RECAPITULATION HOURS HOURLY RATE 2.50 $195.00 TIMEKEEPER KERRY L. EZROL 2.50 2.50 TOTAL $487.50 22.40 3.05 25.45 Photocopies Postage TOTAL EXPENSES THRU 01/3112015 0112812015 Board of County Commissioners - Record Release of Lien - 2449 NE 13th Avenue, '/tiM 10.00 10.00 10.00 TOTAL ADVANCES THRU 01/3112015 522.95 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 487.50 $522.95 Q GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) n1-4500 CITY OF WILTON MANORS 2020 Wilton Drive Fort Lauderdale FL 33305 Page: 1 0210312015 2976-1000430R 1706 ACCOUNT NO: STATEMENT NO: Attn: Finance I Accounts Payable RRBIILA 01/31/2015 KLE Review and transmit settlement documents. FOR CURRENT SERVICES RENDERED RECAPITULATION HOURS HOURLY RATE 0.70 $195.00 TIMEKEEPER KERRY L. EZROL TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE HOURS 0.70 0.70 136.50 TOTAL $136.50 136.50 $136.50 GOREN, CHEROF, DOODY & EZROL, PA Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) n1-4500 CITY OF WILTON MANORS 2020 VVilton Drive VVilton Manors FL 33305 Page: 1 02/0312015 2976-9902124R 1715 ACCOUNT NO: STATEMENT NO: Attn: Finance I Accounts Payable adv. Wells Fargo Bank, N.A (Maurion Neubauer694 Kensington) 01/20/2015 KLE 01/21/2015 SRW Research re: Chp. 162, Fla. Stat and recertification of liens. E-mail correspondence with KLE re: same. KLE Review documents; research; email exchange with attorney; ernails to City staff re status of property. 01/2612015 01127/2015 01/2812015 01/29/2015 Review Motion and related documents; emails with Balistreri. SRW Research re: claims against surplus. Research court case file. Review Motion to Compel Right of Redemption. Multiple e-mail correspondence re: surplus funds distribution, and legal strategy. T/c/c with Matt Habibi, Esq. re: M. to Compel Right of Redemption. HOURS 0.70 0.40 0.80 1.20 Review documents; research; prep for meeting; telephone calls to Joseph; telephone calls to Roberta. SRW Research re: homestead and re-investment of surplus funds. Discussion with KLE re: same. Pull copies of CET. T/c/c with Matt Habibi re: Right of Redemption. 0.70 SRW Discussion with KLE re: counter offer. T/c/c with Matt Habibi re: counteroffer. Discussion with KLE re: re-citing case, and bringing case to hearing. E-mail correspondence with City staff re: same. 0.40 SRW T/c/c with Vincent Affanato and Biagio re: code enforcement violations existing at property. Draft Notice of Code Enforcement Hearing. E-mail correspondence with KLE re: same. E-mail correspondence with Vincent and Biagio re: NOH. Review counteroffer from Matt Habibi, Esq. Discussion with KLE re: same. 0.70 KLE FOR CURRENT SERVICES RENDERED TIMEKEEPER KERRY L. EZROL STACEY R VVEINGER TOTAL CURRENT WORK RECAPITULATION HOURS HOURLY RATE 2.70 $195.00 3.40 195.00 1.20 6.10 1,189.50 TOTAL $526.50 663.00 1,189.50 ~J V~' CITY OF WILTON MANORS ACCOUNT NO: STATEMENT NO: Page:2 02/03/2015 2976-9902124R 1715 adv. VVells Fargo Bank, NA (Maurion Neubauer 694 Kensington) BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE $1,189.50 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF VVILTON MANORS 2020 Wilton Drive Wilton Manors FL 33305 Page: 1 02/03/2015 2976-9902123R 1714 ACCOUNT NO: STATEMENT NO: Attn: Finance I Accounts Payable adv. Subpoena for Document of City Employee HOURS 01/0712015 SHB Receive and review subpoena. Correspondence to counsel regarding narrowing scope. Discuss with Sanchez. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN RECAPITULATION HOURS HOURLY RATE 0.60 $195.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 0.60 0.60 117.00 TOTAL $117.00 117.00 $117.00 GOREN, CHEROF, DOODY & EZROL, P.A Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) n1-4500 Page: 1 CITY OF WILTON MANORS 2020 Wilton Drive Wilton Manors FL 33305 02/0312015 2976-9902122R 1713 ACCOUNT NO: STATEMENT NO: Attn: Finance I Accounts Payable adv. Turquora S. Davis HOURS 01/07/2015 01/0812015 KLE Legal research with updates to KLE and review of request for Adversarial Preliminary Hearing Review request for APH, transmit to Balistreri. 0.50 0.40 BJS Telephone calls with Del Balistreri and follow up with KLE 0.20 FOR CURRENT SERVICES RENDERED 1.10 BJS TIMEKEEPER KERRY L. EZROL BRIAN J. SHERMAN RECAPITULATION HOURS HOURLY RATE 0.40 $195.00 0.70 195.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 214.50 TOTAL $78.00 136.50 214.50 $214.50 GOREN, CHEROF, DOODY & EZROL, P.A . Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) n1-4500 CITY OF WILTON MANORS 2020 Wilton Drive Wilton Manors FL 33305 Page: 1 02103/2015 2976-9902114R 1712 ACCOUNT NO: STATEMENT NO: Attn: Finance I Accounts Payable Mickel Field Repurposing Project HOURS 01/29/2015 KLE Ernails and telephone call to Bob re: bid. FOR CURRENT SERVICES RENDERED RECAPITULATION HOURS HOURLY RATE 0.40 $195.00 TIMEKEEPER KERRY L. EZROL TOTAL CURRENT VVORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 0.40 0.40 78.00 TOTAL $78.00 78.00 $78.00 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone {954) n1-4500 CITY OF WILTON MANORS 2020 Wilton Drive Wilton Manors FL 33305 ACCOUNT NO: STATEMENTNO: Page: 1 02/03/2015 2976-9902109R 1711 Attn: Finance I Accounts Payable Vacation Rentals 12/1612014 SRW Attend FLOC Vacation Rentals webinar. FOR CURRENT SERVICES RENDERED TIMEKEEPER STACEY R WEINGER RECAPITULATION HOURS HOURLY RATE 0.50 $195.00 TOTAL CURRENT VVORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE HOURS 0.50 0.50 97.50 TOTAL $97.50 97.50 $97.50 GOREN, CHEROF, DOODY & EZROL, P.A. Attomeys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF WILTON MANORS 2020 Wilton Drive VVilton Manors FL 33305 Page: 1 02103/2015 2976-9902104R 1710 ACCOUNT NO: STATEMENT NO: Attn: Finance I Accounts Payable vs. Gilles, Chantal HOURS 01/0512015 01/0812015 SRW Review county records and court dockets re: issuance of CET, and disbursements. E-mail correspondence re: same. 0.30 SRW Multiple e-mail correspondence and t/c/c re: auction payment 0.30 FOR CURRENT SERVICES RENDERED TIMEKEEPER STACEY R WEINGER RECAPITULATION HOURS HOURLY RATE 0.60 $195.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 0.60 117.00 TOTAL $117.00 117.00 $117.00 ~\ GOREN, CHEROF, DOODY & EZROL, P.A Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) n1-4500 CITY OF WILTON MANORS 2020 \Nilton Drive Wilton Manors FL 33305 Page: 1 02/0312015 2976-9902098R 1709 ACCOUNT NO: STATEMENT NO: Attn: Finance I Accounts Payable B&Y Investments, LLC vs. Guy Urciuoli, City of WM 01/07/2015 BJS HOURS 0.50 Draft Motion for Disbursement of Surplus Funds FOR CURRENT SERVICES RENDERED TIMEKEEPER BRIAN J. SHERMAN 0.50 RECAPITULATION HOURS HOURLY RATE 0.50 $195.00 97.50 TOTAL $97.50 Photocopies Postage 37.45 12.32 TOTAL EXPENSES THRU 01/31/2015 49.n 147.27 TOTAL CURRENT VVORK $147.27 BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE ~ ~\ GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite200 Fort lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF WILTON MANORS 2020 \Miton Drive Wilton Manors FL 33305 Page: 1 02/0312015 2976-9902089R 1708 ACCOUNT NO: STATEMENT NO: Attn: Finance I Accounts Payable Ascend Properties (1224 NE 24th Street) HOURS 0.30 01/1212015 KLE Review bond, emails, and documents. 01/14/2015 KLE Review documents; telephone call to Roberta re Bond. 0.40 01/1512015 DJD Initial review of Access Easement Agreement as revised by City staff. 0.40 01/17/2015 KLE Emails to Robert Cheng. 0.40 01/21/2015 KLE Telephone call to Robert Cheng re bond. 0.40 FOR CURRENT SERVICES RENDERED 1.90 RECAPITULATION HOURS HOURLY RATE 0.40 $195.00 1.50 195.00 TIMEKEEPER D.J. DOODY KERRY L. EZROL TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 370.50 TOTAL $78.00 292.50 370.50 $370.50 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF VVILTON MANORS 2020 Wilton Drive VVilton Manors FL 33305 ACCOUNT NO: STATEMENT NO: Page: 1 02/0312015 2976-9201291 R 1707 Attn: Finance I Accounts Payable General Matters STATEMENT FOR PROFESSIONAL SERVICES RENDERED- JANUARY 2015. FOR CURRENT SERVICES RENDERED Color photocopies Photocopies Postage TOTAL EXPENSES THRU 01/31/2015 TOTAL CURRENT WORK 9,615.00 2.80 118.30 0.48 121.58 9,736.58 $9,736.58 BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE COMMISSION AGENDA REPORT MEETING DATE: Tuesday, February 10, 2015 From: Prepared by: Joseph Gallegos, City Manager (a) Subject: Resolution No. 2015-0012: (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 TO SUPPORT SENATE BILL (HB) NO. 4015, AN ACT RELATING TO PUBLIC LODGING ESTABLISHMENTS AND PUBLIC FOOD SERVICE ESTABLISHMENTS (AND ANY SIMILAR FLORIDA HOUSE OF REPRESENTATIVES OR SENATE BILLS); AMENDING S.509.032, F.S.; DELETING PROVISIONS THAT PREEMPT TO THE STATE THE REGULATION OF PUBLIC LODGING ESTABLISHMENTS AND PUBLIC FOOD SERVICE ESTABLISHMENTS; DIRECTING CITY ADMINISTRATION TO TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO THE BROWARD LEAGUE OF CITIES, THE FLORIDA LEAGUE OF CITIES, THE BROWARD COUNTY LEGISLATIVE DELEGATION, AND ANY OTHER INTERESTED PARTIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. (b) City Manager Recommendation: Recommend approval (c) Report In Brief: Resolution No.2015-0012 urges all members of the Florida Legislature to support Senate Bill (HB) No. 4015, which would among other things deletes in its entirety Subsection (7) (a) of Section 509.032, of the Florida Statutes giving preemptive authority to the State for the regulation of public lodging establishments and public fool service establishments. (d) Discussion: Resolution No.2015-0012 urges all members of the Florida Legislature to support Senate Bill (HB) No. 4015, which would among other things deletes in its entirety Subsection (7) (a) of Section 509.032, of the Florida Statutes giving preemptive authority to the State for the regulation of public lodging establishments and public fool service establishments. (e) Strategic Plan Consistency: Support of the Resolution which would ultimately lead to passage by the entire Legislature would support Goal No.5 People want to live in our neighborhoods; Objective No. 2: Increase property/home values - Desirable, Fashionable Place to Live (f) Concurrences: Chief of Police; Director of Community Development Services (g) Fiscal Impact: None (h) Alternatives: (i) Attachments: None Suggested 1. 2. Cover Memo - Resolution No. 2015-0012 Resolution No. 2015-0012 OFFICE OF THE CITY ATTORNEY CITY OF WILTON MANORS, FLORIDA MEMORANDUM TO: Kathryn Sims, City Clerk (via e-mail) Patricia Staples, Deputy City Clerk (via e-mail) FROM: Kerry L. Ezrol, City Attorney DATE: January 30, 2015 SUBJECT: City of Wilton Manors/General Matters – Resolution No. 2015-0012 Supporting the HB 4015 Regarding Regulation of Public Lodging Establishments and Public Food Service Establishments (and Any Other Similar Florida House of Representatives or Senate Bills) Enclosed for your review and placement on the February 10, 2015 City Commission Meeting Agenda, please find Resolution No. 2015-0012 supporting the HB 4015 regarding the regulation of public lodging establishments and public food service establishments (and any other similar State of Florida House of Representatives or State Senate bills) Should you require any additional information, please contact me. Thank you. KLE:db Enclosure {00056948.1 2976-9201291 } 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 RESOLUTION NO. 2015-0012 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA, URGING ALL MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT SENATE BILL (HB) NO. 4015, AN ACT RELATING TO PUBLIC LODGING ESTABLISHMENTS AND PUBLIC FOOD SERVICE ESTABLISHMENTS (AND ANY SIMILAR FLORIDA HOUSE OF REPRESENTATIVES OR SENATE BILLS); AMENDING S.509.032, F.S.; DELETING PROVISIONS THAT PREEMPT TO THE STATE THE REGULATION OF PUBLIC LODGING ESTABLISHMENTS AND PUBLIC FOOD SERVICE ESTABLISHMENTS; DIRECTING CITY ADMINISTRATION TO TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO THE BROWARD LEAGUE OF CITIES, THE FLORIDA LEAGUE OF CITIES, THE BROWARD COUNTY LEGISLATIVE DELEGATION, AND ANY OTHER INTERESTED PARTIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, HB 4015, among other things, deletes in its entirety Subsection (7)(a) 23 of Section 509.032, Florida Statutes, giving preemptive authority to the State for the 24 regulation of public lodging establishments and public food service establishments, 25 including, but not limited to, sanitation standards, inspections, training and testing of 26 personnel, and matters related to the nutritional content and marketing of foods offered in 27 such establishments; and 28 WHEREAS, HB 4015, among other things, deletes in its entirety Subsection (7)(b) 29 of Section 509.032, Florida Statutes preventing a local law, ordinance, or regulation from 30 prohibiting the regulation of vacation rental or regulation of the duration of vacation 31 rentals; and 32 33 WHEREAS, HB would restore home rule authority to the City to regulate vacation home rentals; and {00056649.1 2976-9201291 } Page 1 of 3 2/10/15 MEETING CODING: Words stricken are deletions; words underlined are additions. 1 WHEREAS, the City Commission believes the adoption of HB 4015 would be in 2 the best interests of the residents and businesses of the City of Wilton Manors and the State 3 of Florida. 4 5 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA, THAT: 6 7 Section 1. confirmed as being true and correct and are incorporated herein by this reference. 8 9 10 The foregoing "WHEREAS" clauses are hereby ratified and Section 2. The City Commission of the City of Wilton Manors urges all members of the Florida Legislature to support HB 4015 and any similar Florida House of Representatives or Senate bills. 11 Section 3. The City Commission further directs City Administration to 12 transmit a certified copy of this Resolution to the Broward League of Cities, the Florida 13 League of Cities, the Broward County Legislative Delegation and any other interested 14 parties. 15 16 17 Section 3. All resolutions or parts of resolutions in conflict herewith, be and the same are repealed to the extent of such conflict. Section 4. If any Section, sentence, clause or phrase of this Resolution is held 18 to be invalid or unconstitutional by any court of competent jurisdiction, then said holding 19 shall in no way affect the validity of the remaining portions of this Resolution. 20 Section 5. This Resolution shall become effective immediately upon its 21 passage and adoption. 22 23 24 PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA, THIS ____ DAY OF FEBRUARY 2015. {00056649.1 2976-9201291 } Page 2 of 3 2/10/15 MEETING CODING: Words stricken are deletions; words underlined are additions. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CITY OF WILTON MANORS, FLORIDA By: GARY RESNICK, MAYOR ATTEST: RECORD OF COMMISSION VOTE: ____________________________ KATHRYN SIMS, CMC CITY CLERK MAYOR RESNICK VICE MAYOR NEWTON COMMISSIONER CARSON COMMISSIONER FLIPPEN COMMISSIONER GREEN I HEREBY CERTIFY that I have approved the form of this Resolution. ______________________________ KERRY L. EZROL, ESQ. CITY ATTORNEY {00056649.1 2976-9201291 } Page 3 of 3 2/10/15 MEETING CODING: Words stricken are deletions; words underlined are additions. _____ _____ _____ _____ _____ OFFICE OF THE CITY ATTORNEY CITY OF WILTON MANORS, FLORIDA MEMORANDUM TO: Kathryn Sims, City Clerk (via e-mail) Patricia Staples, Deputy City Clerk (via e-mail) FROM: Kerry L. Ezrol, City Attorney DATE: January 30, 2015 SUBJECT: City of Wilton Manors/General Matters – Resolution No. 2015-0013, to Determine Certain Tangible Personal Property to be Surplus; Directing the Administration to Dispose of Surplus Property at Public Auction or Trade Inc. Enclosed for your review and placement on the February 10, 2015 City Commission Meeting Agenda, please find Resolution No. 2015-0013 regarding the disposal of surplus property as listed on Exhibit “A” of the Resolution. Should you require any additional information, please contact me. Thank you. KLE:db Enclosure GOV CLIENTS\WM 2976\_920129 GM\MEMO.14\RESO 2014\2014-0024 (3.25.14 mtg).doc {00056953.1 2976-9201291 } 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RESOLUTION NO. 2015 - 0013 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA, DETERMINING CERTAIN TANGIBLE PERSONAL PROPERTY TO BE SURPLUS; DIRECTING THE ADMINISTRATION TO DISPOSE OF THIS SURPLUS PROPERTY AT PUBLIC AUCTION OR TRADE IN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the property listed on Exhibit “A” attached hereto has been declared surplus by the department head of the department utilizing said equipment; and WHEREAS, the Administration has recommended that the City has no further use for said equipment, although these items may have some useful life remaining. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA, THAT: Section 1. The foregoing “WHEREAS” clauses are hereby ratified and confirmed as being true and correct and are incorporated herein by this reference. Section 2. The property listed on Exhibit “A” be is hereby declared to be surplus property. Section 3. The Administration is authorized and directed to dispose of this surplus property by public auction or trade in. Section 4. All resolutions or parts of resolutions in conflict herewith, be and the same are repealed to the extent of such conflict. Section 5. If any section, sentence, clause or phrase of this Resolution is held to be 26 invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no 27 way affect the validity of the remaining portions of this Resolution. 28 {00056843.1 2976-9201291 } Page 1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Section 6. This Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA, THIS ____ DAY OF FEBRUARY 2015. CITY OF WILTON MANORS, FLORIDA By: GARY RESNICK, MAYOR ATTEST: RECORD OF COMMISSION VOTE: ____________________________ KATHRYN SIMS, CMC CITY CLERK MAYOR RESNICK VICE MAYOR NEWTON COMMISSIONER CARSON COMMISSIONER FLIPPEN COMMISSIONER GREEN I HEREBY CERTIFY that I have approved the form of this Resolution. ______________________________ KERRY L. EZROL, ESQ. CITY ATTORNEY 2/10/15 Meeting {00056843.1 2976-9201291 } Page 2 of 3 _____ _____ _____ _____ _____ {00056843.1 2976-9201291 } Page 3 of 3 EXHIBIT "A" Surplus Item 2004 Ford F-250 SuperDuty Utility Truck (VIN: 1FDNF20L94EA68411 )* Used Water Meters* 2000 JLG 40H Boom Lift (Serial No.: 122145-0300050852)* *All of these items will be auctioned on the GovDeals online auction site. Quantity 1 1,100 1 Notes Vehicle is more than 10 years old, with 71,750 miles, and has been replaced this fiscal year. Used water meters are being replaced with encoded water meters. Equipment is constantly in need of repair WILTON MANORS POLICE DEPARTMENT EXHIBIT "A" Type Laptop Laptop Laptop Laptop Laptop DESKTOP DESKTOP DESKTOP DESKTOP DESKTOP DESKTOP DESKTOP DESKTOP DESKTOP DESKTOP Battery back-up Battery back-up Battery back-up Monitor 6 KEYBOARDS 1 KEYBOARD 1 KEYBOARD Mfr Model HP Compaq HP Compaq HP Compaq HP Compaq HP Compaq DELL DMC DELL DIMENSION 5150 DELL DIMENSION 5150 DELL DIMENSION 5150 DELL DIMENSION 5150 DELL DIMENSION 5150 DELL DIMENSION 5150 HP COMPAQ HP COMPAQ DELL INSPIRON 531 APC UNK APC UNK APC UNK Dell UNK DELL SK8115 ATIVA UNK MICROSO UNK Serial Number Mfr Date CNU0121Y97 UNK MXL8511F25 UNK CNU0121Y9Y UNK CNU0121W0F UNK CNU0121WNR UNK 42TGW81 11/22/2005 3JTF1C1 10/30/2006 HQ74R91 3/31/2006 3R74R91 3/31/2006 FJ84R91 3/31/2006 34BQ691 1/18/2006 7R74R91 3/31/2006 2UA44404V UNK 2UA44404VD UNK DP50XD1 UNK BE025102085 UNK JB0450040868 UNK BB0434041482 UNK 1474663362G39EL UNK UNK UNK UNK UNK UNK UNK Last Custody Dept. PD PD PD PD PD PD PD PD PD PD PD PD PD PD PD PD PD PD PD PD PD PD City Sticker # 003289 003289 003289 001523 001334 001139 001147 001316 001428 001140 COMMISSION AGENDA REPORT MEETING DATE: Tuesday, February 10, 2015 From: Prepared by: Joseph L. Gallegos, City Manager Bob Mays, Finance Director (a) Subject: Staff Update on Lanier Parking (b) City Manager Recommendation: (c) Report In Brief: Update on staff research on possible relocation of parking office. (d) Discussion: As a follow-up to the last update on the possible relocation of the parking office, staff has narrowed down the list of recommended options as follows: 1. Do nothing. Renew the current lease. Estimated annual cost $22,460 plus an additional 4% each succeeding year. 2. Remodel the Woman’s Club building. Partition off and remodel about 500 square feet of the building including the entire kitchen area and the alcove to the left of the front door adjacent to the kitchen. Pave adjacent parking spaces and provide ADA access to side door of building. Cost cannot be precisely determined until plans are drawn up, but a rough estimate is about $60,000. This would be a permanent location for the parking office, and after the initial payback period of about 3 years this option would save the amount of the annual rent. a. Advantages - Is very close to the metered parking areas, would provide easy customer access, could be a permanent office location, would still leave the main open area and two large storage closets (about 2,400 square feet) to be used by art gallery and Leisure Services programs and rentals. b. Disadvantages - Removing the kitchen would severely limit the ability for future rentals for events serving food, will be a somewhat cramped but adequate space for the parking office. 3. Erect a modular unit on the vacant lots behind tennis courts. Costs uncertain at present but probably somewhat more expensive than the cost of Womans Club remodeling. a. Advantages - Fairly close to metered parking areas, would allow proper configuration of office for efficiency. b. Disadvantages - Not the easiest location for customers to find, would likely be only a temporary location. 4. Erect a modular unit on the City Hall parking lot. a. Advantages - Convenient location, would allow proper configuration of office for efficiency. b. Disadvantages - Would have to be temporary structure to be permitted by Code. 5. Build a permanent structure on City Hall parking lot. a. Advantages - Convenient location, would allow proper configuration of office for efficiency. b. Disadvantages - fairly expensive solution, would be temporary if the parking lot site is redeveloped. (e) Strategic Plan Consistency: Goal 2: Financially Sound City Government; Objective 4: Cost-Effective Delivery of City Services and Goal 6: Quality City Services, Valued By Our Citizens; Objective 5: Services Provided in the Most Cost-Effective Manner (f) Concurrences: (g) Fiscal Impact: Option 1 would require continued outlay of rent, $22,460 increasing by 4% annually. Options 2 and 5 would require an initial capital outlay from $60,000 up, but would be offset by annual savings of rent. Options 3 and 4 would require both an initial outlay of capital and future relocation costs. (h) Alternatives: (i) Attachments: See above. OFFICE OF THE CITY ATTORNEY CITY OF WILTON MANORS, FLORIDA MEMORANDUM TO: Mayor Gary Resnick Members of the City Commission CC: Joseph Gallegos, City Manager FROM: Kerry L. Ezrol, City Attorney RE: City Attorney Report DATE: February 3, 2015 I. Litigation – Insurance A) Wilton Manors adv. Samuel Joseph LoBue v. Sal’s Towing, and Wilton Manors Police Department, et al.: City was served with a Complaint relating to the 2008 seizure of a Chrysler PT Cruiser by the Wilton Manors Police Department. Upon receipt of the Summons/Complaint, the matter was referred to the Florida League of Cities to handle and respond. The firm of Johnson, Anselmo, Murdoch, Burke, et. al. is defending the City. B) Wilton Manors adv. Anita Evans: City received a letter dated 11/9/11 in regard to a slip and fall occurring on September 17, 2010 at 2292 Wilton Drive, Wilton Manors, Florida; stating that the City did not maintain its property and that Ms. Evans fell in a hazardous condition area. C) Wilton Manors adv. Cynthia & Alfred Sewel: Notice of Claim of Loss received April 18, 2013. Defendants claim loss for consortium regarding personal injuries sustained by Alfred E. Sewel, incident to his arrest for intent to commit burglary and possessing burglary tools on 4/19/2010. D) Wilton Manors adv. Joey Pokladowski: Demand for lost wages and expenses due to an incident regarding Officer Paula Walls of the Wilton Manors Police Department. E) Wilton Manors adv. Kimberly Elizabeth Turner: Notice of Tort/Bill for Damages rearrest made on November 20, 2013. F) Wilton Manors adv. Terrence L. Payne, Jr., v. Broward County, and City of Wilton Manors, Florida: City was served with a Complaint on December 31, 2013 relating to a June 14, 2012 injury caused to Plaintiff due to alleged negligent condition of sewer hole/utility hole remaining uncovered impairing Plaintiff’s ability to work. Plaintiff is being represented by Robert C. Rogers, Jr., Esq., Law Offices of Lawrence J. Bohannon, P.A. {00056818.2 2976-9201291 } City Attorney Report February 3, 2015 Page 2 G) Wilton Manors adv. State Farm Mutual Automobile Insurance Company as Subrogee of Thomas Jackson: City was served with a Complaint on April 7, 2014 relating to an April 5, 2013 car accident involving a City employee. Plaintiff (“State Farm”) seeks $1,708.84. Florida League of Cities is handling. II. Litigation - City Attorney A) Wilton Manors adv BAC Florida Bank, v. Broward County Self Storage, Inc.: Foreclosure complaint filed by BAC Florida Bank on January 13, 2012. City filed Answer & Affirmative Defenses on February 1, 2012. B) Wilton Manors adv B&Y, B&Y vs. Guy Urciuoli, City of Wilton Manors 1501 NE 24th Street: Complaint To Quite Title After Tax Sale filed by B&Y Investments, LLC against Guy Urciuoli; City of Wilton Manors, et al., City filed an Answer and Affirmative Defenses on January 27, 2014 asserting priority due to Code and Utility Lien. City’s Memorandum of Law in Opposition to Plaintiff’s Motion for Final Summary Judgment filed on February 4, 2014. Statement of Claim sent to Broward County, Finance and Administrative Services Department on February 4, 2014 to recover tax surplus. Tax surplus is $174,252.65. City’s Claim is $52,905.13. Motion to Authorize Disbursement of Surplus Funds filed with Court. Court has required us to arrange telephone appearance by Defendant. Re-Notice of hearing issued on August 7, 2014. Hearing Scheduled for August 21, 2014 on Motion to Authorize Disbursement of Surplus Funds. Mr. Urciuoli, has filed a Notice of Appeal of the Writ of Possession. Guy Urciuoli’s Motion to Authorize Disbursement of Surplus Fund denied on August 21, 2014. Guy Urciuoli granted 30 days (through September 22, 2014) to provide the Court with legal authority. No authority furnished. Judge Haury determined that Mr. Urciuoli’s Motions for Determination of Indigent Status, Appointment of Counsel or ad litem, and Abatement or Suspend Further Proceedings, were moot and therefore, denied. With regard to the City’s Motion to Authorize Disbursement of Surplus Funds, Judge Haury granted our Motion. We will petition the Court for a final order for disbursement of those surplus funds in the amount of $52,905.13 currently held by Broward County. All appeals have been concluded in the 4th District Court of Appeals. The City’s Motion is reset for February 2, 2015 (cancelled). Mr. Urciuoli filed an appeal with the Supreme Court of the State of Florida on January 29, 2015. C) Wilton Manors adv. McCormick 10 LLC vs. Gorden Bartlett, 640 West Oakland Park Boulevard, Wilton Manors, FL 33311: Verified Foreclosure Complaint filed by McCormick 10 LLC on October 15, 2014. City filed Answer & Affirmative Defenses on November 3, 2014. D) Wilton Manors adv. Wells Fargo Bank, N.A. (Marion Neubauer – 694 Kensington): Notice of Hearing scheduled for January 22, 2015 at 8:30 am re: Third-Party Purchaser’s Motion to reopen case and compel right of redemption. At hearing the Court granted ThirdParty Purchaser’s Motion for Order to Re-Open Case and Compel Right of Redemption. Summons issued on 1/26/15, and deadline to serve written defenses to opposing counsel and file with Court is 2/15/15. {00056818.2 2976-9201291 } City Attorney Report February 3, 2015 Page 3 III. Litigation – Police Department – Civil Forfeitures/Seizures A) Wilton Manors v. Thomas S. Berman (100629): On August 10, 2010, the Police Department seized a 2005 GMC Pickup and $10,460.00 in currency from Thomas Berman following his narcotics arrest and a search of his vehicle and Fort Lauderdale residence. A Petition for Judgment of Forfeiture has been filed in the Circuit Court for Broward County and the Circuit Court has found that the City has probable cause to proceed with the forfeiture of the vehicle and currency. The matter is currently being litigated. Agreed Order re Claimant’s Motion to Stay or Abate was entered by the Court on March 24, 2011, in Case No.10-034903(04). The status of the criminal case is that Mr. Berman has pleaded not guilty and discovery is proceeding. The Judge requested counsel to set this case for a status conference after the Motion to Suppress has been held in the criminal matter. We will advise when a date for this conference has been scheduled. Hearing held on August 28, 2014. Motion to Suppress denied. Calendar call scheduled October 17, 2014 for counsel to discuss proceeding towards trial date. Should you have any questions concerning the above, please do not hesitate to contact me. KLE 1/27/15 Meeting {00056818.2 2976-9201291 } COMMISSION AGENDA REPORT MEETING DATE: February 10, 2015 From: Prepared by: Joseph Gallegos, City Manager Bob Mays, Finance Director (a) Subject: Discussion of Base Rates for Residential Utility Accounts (b) City Manager Recommendation: Discuss item; Accept staff recommendation for adjustment of utility rates; direct preparation of a resolution to set new rates. (c) Report In Brief: The difference between the combined water and sewer base rates for residential utility customers with 5/8-inch water meters and those who have 1-inch water meters is $72.69 per month. Staff presents a discussion of various factors affecting the utility rate structure and makes a recommendation for adjusting the residential base rates. (d) Discussion: The cost of providing safe drinking water and sanitary sewage service is very expensive everywhere. This is especially true in South Florida as our expanding population places heavy demands on the limited available water supplies. This increased demand for water as well as the need to provide environmentally responsible sewage treatment will likely increase future costs even more. Since the costs of providing water and sewer services are paid by customers, it is essential to provide a fair and equitable method of apportioning those costs among the various classes of customers. While we purchase both water and sewage treatment services from the City of Fort Lauderdale, the City of Wilton Manors operates its own utility which is responsible for the distribution of water, collection of sewage, and billing customers. We must operate the system so that we can meet the demand for water provided by each and every customer, every time they open a tap for water to flow into their home or business. Likewise, our system must be capable of collecting every gallon of waste water and pump it to the sewage plant for treatment. The operations of water and sewer utilities are made up of both variable costs and fixed costs. The variable costs are the amounts we pay Fort Lauderdale for water and for sewage treatment. These costs vary with the amount of water that is consumed. We fully recover the variable costs by billing utility customers based on the gallons of water they consume. The fixed costs are for the personnel, equipment, and infrastructure required to meet the customer demand. In Wilton Manors our fixed costs are approximately $5.8 million each year. To recover a large portion of the fixed costs, Wilton Manors adheres to the industry best-practice of charging a “base rate” to all utility customers. This base rate can also be seen as an “availability charge” or “readiness-to-serve charge.” The base rates provide a stable source of revenue which is not subject to the fluctuations of water consumption. The revenue from our fixed base rates in Wilton Manors is about $3.3 million annually, so this covers about 58% of the fixed costs of the system. The remaining fixed costs are covered by a combination of a markup on the consumption rates and a variety of other charges and fees paid by customers. One of the challenges for any utility system is to have a rate structure that fairly distributes the fixed system costs to its customers. In Wilton Manors the rate system was designed, as mentioned, to consist of both fixed base rates and consumption rates. There were also four customer classes created for different types of customers – Residential, Multi Family, Commercial, and City. For decades the City’s base rates have been allocated on a scientific model according to the size of the water meter serving the customer. The theory behind this model is that a customer whose residence or business requires only a small-sized meter will place a lesser demand on the utility system than customers who require large-sized meters. Those customers placing less of a demand on the system would in theory pay lower base rates than the highdemand customers. The size of the water meter needed is determined by the combined demand of the number of water-using fixtures in the residence or business as determined by the Florida Building Code and the City’s Code of Ordinances. This scientific-based pricing model is based on the potential demand on the system – the maximum volume of water that can flow through a meter of a certain size at a given pressure during a given time. This volume was calculated based on the area of the circle of the pipe passing through the meter – see the chart below: (continued on next page) Scientific Basis for Allocating Potential Demand on Utility System Meter Size (Diameter of Circle) Area of Circle in Square Inches * Units of Flow (Gallons) 5/8-inch 1-inch 1-1/2-inch 2-inch 4-inch 6-inch 8-inch 0.3 0.8 1.8 3.1 12.6 28.3 50.3 1.0 2.6 5.8 10.2 41.0 92.2 163.8 Current Combined Water & Sewer Base Rate (Monthly) $45.43 x 2.6 = $45.43 x 5.8 = $45.43 x 10.2 = $45.43 x 41.0 = $45.43 x 92.2 = $45.43 x 163.8 = $45.43 $118.12 $263.36 $463.29 $1,862.10 $4,184.11 $7,438.37 * Area of Circle = pi x radius squared While this model is widely accepted in the industry and seems to work appropriately for our multifamily and commercial customers, in our City it has caused inequities to arise among our residential customers. Many years ago the City had very few residences with 1-inch water meters. As parts of the City were redeveloped, some smaller older homes were replaced with much larger modern homes and townhouses which require 1-inch water meters based on the number of water-using fixtures in the homes. The inequity arises because while these new homes with 1-inch meters definitely have the potential to create a larger demand for water usage, in reality because of the City’s changing demographics, about 68% of these customers use less than 5,000 gallons of water each month, which is only average, not high demand. These customers pay $72.69 each month more in base rates than their counterparts with 5/8-inch meters. CURRENT Monthly Utility Base Rates - Residential Customers Meter Size Water Base Rate Sewer Base Rate Combined Base Rate 5/8-Inch $ 32.34 $ 13.09 $ 45.43 1-Inch $ 84.10 $ 34.02 $ 118.12 Monthly Difference Between Rates: $ 72.69 Annual Difference Between Rates: $ 872.28 To address this inequity, staff recommends making an adjustment to the billing structure for residential customers. Staff believes that it is still valid for customers with larger meters to pay higher base rates since at any moment they can create additional demand on the system – and we must be ready to meet that demand - but we recommend reducing the disparity between the residential base rates. We recommend changing from the current method to a method based on the actual (not scientifically theoretical) amount of water that can pass through the two sizes of water meters. The 5/8-inch meters are rated by their manufacturer to handle 15 gallons per minute of water flow. The 1-inch meters are rated to handle 25 gallons per minute. This is a proportion of 1.67 times more flow through a 1-inch meter. Therefore, staff recommends reducing the difference between the base rates from the current proportion of 2.6 times based on scientific theory, to the proportion of 1.67 times based on the actual meter capacities. PROPOSED Monthly Utility Base Rates - Residential Customers Meter Size Water Base Rate Sewer Base Rate Combined Base Rate Monthly Change Annual Change 5/8-Inch $ 34.08 $ 13.79 $ 47.87 $ 2.44 $ 1-Inch $ 56.80 $ 22.98 $ 79.78 $ (38.34) $ Monthly Difference Between Rates: $ 31.91 Annual Difference Between Rates: $ 382.92 29.28 (460.08) When making adjustments to any utility rates, we must be careful to be revenue-neutral. This is, we must maintain the same amount of revenues overall to protect the financial integrity of the utility system. The proposed adjustments will keep the current revenue stream level by increasing the monthly base charges for the 2,814 residential customers with 5/8-in meters from $45.43 to $47.87, a monthly increase of $2.44, and an annual increase of $29.28. The monthly base charges for the 179 residential customers with 1-inch meters would decrease from $118.12 to $79.78, a decrease of $38.34 each month and an annual decrease of $460.08. The current rates for all other classes and meter sizes would remain the same. Comparison of Monthly Revenues from CURRENT vs. PROPOSED Rates Meter Size Number of Residential Customers CURRENT Combined Base Rate CURRENT Monthly Revenue 5/8-inch 2,814 $ 45.43 $ 127,840.02 $ 47.87 $ 134,706.18 $ 1-inch 179 $ 118.12 $ 21,143.48 $ 79.78 $ 14,280.62 $ (38.34) $ 148,983.50 PROPOSED Combined Base Rate PROPOSED Monthly Revenue $ 148,986.80 Monthly Rate Change 2.44 Annual Rate Change $ 29.28 $ (460.08) City of Wilton Manors Number of Utility Customers By Meter Size and Customer Class Meter Size Residential Multi-Family Commercial City Totals 5/8-inch 1-inch 1 1/2-inch 2-inch 4-inch 6-inch 8-inch 2,814 179 571 64 44 61 2 1 279 81 32 28 1 33 9 2 3 2,993 743 421 47 3,697 333 78 92 3 1 0 4,204 (e) Strategic Plan Consistency: Goal 2 – Financially Sound City Government, Objective 3 (Adequate Revenue to Support Services); Goal 6 – Quality City Services Valued by Our Citizens, Objective 2 (Services Provided Based Upon Needs and Wanted by Residents) and Objective 4 (Well-Maintained City Facilities and Infrastructure). (f) Concurrences: Emergency Management/Utilities Director (g) Fiscal Impact: The proposal is revenue-neutral; no fiscal impact. (h) Alternatives: 1. Make no changes; keep the rates the same. 2. Hire a utility rate consultant to design a new utility rate structure (i) Attachments: 1. Schedule of Adopted Water and Sewer User Fees FY15 2. Schedule of Proposed New Water and Sewer User Fees 3. Relevant Building Code Sections ADOPTED WATER AND SEWER USER FEES Fiscal Year 14 - 15 17% Phase 3 Drought Water Rates 31% Phase 4 Drought Sewer Rates SINGLE FAMILY RESIDENTIAL Monthly Fixed Water and Sewer Charges 5/8" meter 1" meter Monthly Variable Domestic Water Usage 0-15,000 gallons 15,001-30,000 30,001 or more Monthly Variable Water-Irrigation 0-30,000 30,001 or more $ 32.34 84.10 $ 37.84 98.40 $ 42.37 110.17 $ 3.95 4.95 6.18 $ 4.62 5.79 7.23 $ 5.17 6.48 8.10 $ 4.95 6.18 $ 5.79 7.23 $ 6.48 8.10 $ Monthly Variable Sewer Charges any usage (15,000cap) 13.09 34.02 5.67 MULTI-FAMILY COMMERCIAL & INDUSTRIAL Monthly Fixed Water and Sewer Charges 5/8" meter 1" meter 1 1/2" meter 2" meter 4" meter 6" meter 8" meter Monthly Variable Domestic Water Usage any usage Monthly Variable Water-Irrigation any usage Monthly Variable Sewer Charges any usage $ 32.34 84.10 187.55 329.90 1,326.01 2,979.80 5,297.37 $ 3.98 $ 4.98 $ 37.84 98.40 219.43 385.98 1,551.43 3,486.37 6,197.92 $ 42.37 110.17 245.69 432.17 1,737.07 3,903.54 6,939.55 $ 13.09 34.02 75.81 133.39 536.09 1,204.31 2,141.00 5.82 PROPOSED WATER AND SEWER USER FEES Fiscal Year 14 - 15 17% Phase 3 Drought Water Rates 31% Phase 4 Drought Sewer Rates SINGLE FAMILY RESIDENTIAL Monthly Fixed Water and Sewer Charges 5/8" meter 1" meter Monthly Variable Domestic Water Usage 0-15,000 gallons 15,001-30,000 30,001 or more Monthly Variable Water-Irrigation 0-30,000 30,001 or more $ 34.08 56.80 $ 39.87 66.46 $ 44.64 74.41 $ 3.95 4.95 6.18 $ 4.62 5.79 7.23 $ 5.17 6.48 8.10 $ 4.95 6.18 $ 5.79 7.23 $ 6.48 8.10 $ Monthly Variable Sewer Charges any usage (15,000cap) 13.79 22.98 5.67 MULTI-FAMILY COMMERCIAL & INDUSTRIAL Monthly Fixed Water and Sewer Charges 5/8" meter 1" meter 1 1/2" meter 2" meter 4" meter 6" meter 8" meter Monthly Variable Domestic Water Usage any usage Monthly Variable Water-Irrigation any usage Monthly Variable Sewer Charges any usage $ 32.34 84.10 187.55 329.90 1,326.01 2,979.80 5,297.37 $ 3.98 $ 4.98 $ 37.84 98.40 219.43 385.98 1,551.43 3,486.37 6,197.92 $ 42.37 110.17 245.69 432.17 1,737.07 3,903.54 6,939.55 $ 13.09 34.02 75.81 133.39 536.09 1,204.31 2,141.00 5.82 Excerpt from Section 20‐2 of the City of Wilton Manors Code of Ordinances: Fixture unit: A measure of the instantaneous rate of flow normally required by a particular type of plumbing fixture. The sum of the fixture units of all plumbing fixtures in a building is a measure of the total water used by that building. From time to time, the city will analyze available consumption data and establish a list of fixture unit values for various types of plumbing fixtures. The current values authorized for use in connection with this chapter are: Type Fixture Bathtub (with or without Overhead shower) Bathtub (whirlpool) Bidet Dental unit or cuspidor Dental lavatory Drinking fountain Dishwasher domestic Floor drains Lavatory Small Lavatory Large Lavatory, barber, beauty parlor Lavatory, surgeon’s Laundry tray (1 or 2 compartments) Shower stall, domestic Showers (group) per head Sinks, bathroom Combination sink‐and‐tray Combination sink‐and‐tray with food disposal unit Kitchen sink, domestic Kitchen sink, domestic with food waste grinder and/or dishwasher Surgeon’s sink Flushing rim sink (with valve) Service sinks, combination trap standard Service sink (P Trap) Ordinary Pot. Scullery, etc., sink Wash sink (circular or multiple) each set of faucets Urinal, pedestal Urinal, wall Urinal stall, washout Water closet, tank operated (toilet) Water closet, valve‐operated Automatic dishwasher (domestic) Automatic clothes washer Commercial dishwasher Commercial clothes washer *not including irrigation. Fixture Units 2 2 1 1 1 ½ 2 3 1 2 2 2 2 2 2 3 3 3 2 2 3 8 3 2 4 1 8 4 4 4 8 2 4 6 6 Calculation for a 3‐Bedroom, 2‐Bath Home x2 = 4 x2 = 6 X1 = 2 x2 X1 X1 TOTAL = = 8 = 2 = 4 26* Excerpt from the 2007 Florida Building Code – Plumbing: Excerpt from: TABLE 603.1 MINIMUM WATER SERVICE SIZE Recommended Diameter of No. of Fixture Meter Size Water Pipe Units Flush Tank (inches) (inches) WC 18 3/4 5/8 19‐55 1 1 56‐85 1 1/4 1 86‐225 1 1/2 1 1/2 226‐350 2 1 1/2 351‐550 2 2 551‐640 2 1/2 2 641‐1340 3 3 The 26 fixture units calculated for a 3‐bedroom, 2‐bath home would fall within the 19‐55 range in the table above, which clearly states that a 1” meter is the minimum requirement for water service.