Meeting No. 2003-18
Time: 7:00 p.m.
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City of Coconut Creek City Commission Minutes Meeting No. 2003-18 |
| Date: May 22, 2003 Time: 7:00 p.m. |
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| Kind: [ Regular ] Workshop Special | |
| 4800 West Copans Road, Coconut Creek, Florida, 33063 |
1. Mayor Tooley called the meeting to order at 7:03 p.m.
2. The Pledge of Allegiance was led by Mayor Tooley.
3. Present upon roll call:
Mayor Becky Tooley
Vice Mayor Lou Sarbone
Commissioner Marilyn Gerber
Commissioner Gloria Fantl
Commissioner Jim Waldman
Deputy City Manager Dave Rivera
Assistant City Attorney Nancy Cousins
Deputy City Clerk Sandy Mihm
4. Approval of Minutes: Special Meeting 2003-15 - April 28, 2003
MOTION: Sarbone/Fantl - To approve the Minutes of Special Meeting No. 2003-15 -
April 28, 2003.
Upon roll call, the motion was approved on a 5-0 vote.
5. PROCLAMATIONS
None.
6. PRESENTATION OF CERTIFICATES OF ACHIEVEMENT IN ART WORK TO LYONS CREEK MIDDLE SCHOOL AND NORTH BROWARD PREPARATORY SCHOOL STUDENTS.
The Mayor and Commission presented the certificates to Lyons Creek Middle School and North Broward Preparatory School students. Ms. Weiss of the North Broward Preparatory School assisted with the presentation.
7. INPUT FROM RESIDENTS OF COCONUT CREEK: Three (3) minutes per resident on non-agenda items.
Walter Johnston, 2650 Aloe Avenue, Tamarind Village, a member of the City's Environmental Advisory Board and the NatureScape Broward Steering Committee, advised of the County's pursuit of certification of county properties by the Florida Yards and Neighborhood Program and he noted that three cities were seeking certification, as well. Tamarind Village was the first homeowner/condo association in the County to be certified and Mr. Johnston plans to lobby the Township Community Master Association (TCMA) to be the first master association to be certified. Mr. Johnston urged the City to set an example and assume a leadership role and that all City property be certified either by the Florida Wildlife Association or the Florida Yards and Neighborhood Program.
8. CITY MANAGER REPORT
None.
9. CITY ATTORNEY REPORT
REQUEST FOR SETTLEMENT NEGOTIATION OR LITIGATION STRATEGY MEETING PURSUANT TO SECTION 286.011(8)
None.
10. COMMISSION COMMUNICATIONS
Commissioner Waldman asked that Commission Communications be agendized earlier on the evenings when special events, such as this evening's art work presentations, occur.
The Commissioner announced an amnesty period offered by Comcast from June 3rd to the 17th, which will give an opportunity for the reporting of illegal cable television connections without penalty.
Referring to Special Master Minutes of April 23rd pertaining to adjudication of Coral Lakes Mobile Home Park violations, Commissioner Waldman expressed his displeasure at the Special Master's ruling and suggested it was time to seek using another Special Master.
The Commissioner noted a Town Hall meeting to be held on May 30th by Congressman Robert Wexler and County Commissioner Kristen Jacobs at the BCC North Regional Library. He expressed his disappointment that, although the Commission was invited to attend, they were not invited to participate.
Commissioner Waldman reported that he hoped to have a proposed contract for the acquisition of property for a water tank site for review at the next meeting.
Commissioner Gerber repeated her request that a member of the School Board or Superintendent Till be requested to attend one of our meetings to explain why funding of the SRO program is a City obligation. Noting that the City Manager had sent a letter to Dr. Till, who had passed it to lower ranked staff, she requested that a letter from the Mayor to the Chair of the School Board be written requesting information as to why this is a City obligation, particularly in light of anticipated budget constraints. Commissioner Waldman pointed out that this subject had been discussed at the recent Northwest Council of Mayors' meeting and it appeared the City would be standing alone in this regard. Following discussion, there was agreement to have the Mayor send a letter requesting the Superintendent, the School Board Chair, or Dr. Parks to address the Commission.
In response to Commissioner Fantl's request, there was consensus by the Commission for all Commissioners to attend the annual Florida League of Cities Conference in Orlando in April. All Commissioners expressed their intent to attend except for the Vice Mayor, who was uncertain at this time.
Vice Mayor Sarbone pointed out that the City Attorney had missed two consecutive meetings and questioned any consequences in that regard. Ms. Cousins explained Mr. Stuart's intent to be at the meeting and that the change in his travel plans had not been initiated by Mr. Stuart. He also requested Agenda Item Nos. 18 and 19 be moved to the beginning of the agenda.
Mayor Tooley asked if staff would be attending the May 29th School Board meeting and was advised that Director of Development Services Sheila Rose and Ms. Cousins planned to attend.
The Mayor also noted there would be a Memorial Day ceremony at Veterans' Park.
18. MOTION TO ADOPT an ordinance approving the rezoning request for the property known as the MPS Plat from A-1 (Agricultural) to O-2 (Local Office District), containing 1.74 acres, more or less. (ORDINANCE NO. 2003-003 - SECOND READING) (PUBLIC HEARING) (QUASI-JUDICIAL) (Tabled from May 8th meeting)
Ordinance No. 2003-003 was read by title by Ms. Cousins.
MOTION: Gerber/Sarbone - To adopt Ordinance No. 2003-003.
The Mayor opened the public hearing. There were no questions or comments and the hearing was closed.
Commissioner Waldman recalled this item had been tabled at the last meeting following discussion regarding a contribution to the City's beautification fund. Stating that the applicant had been put in an unfair position, the Commissioner withdrew his request.
Upon roll call, the motion was passed on a 5-0 vote.
19. MOTION TO ADOPT an ordinance approving the “MPS” Plat located on the south side of Hillsboro Boulevard east of Lyons Road and West of Northwest 39th Avenue. (ORDINANCE NO. 2003-004 - SECOND READING) (PUBLIC HEARING) (QUASI-JUDICIAL) (Tabled from May 8th meeting)
Ordinance No. 2003-004 was read by title by Ms. Cousins.
MOTION: Gerber/Fantl - To adopt Ordinance No. 2003-004.
The Mayor opened the public hearing. There were no questions or comments and the hearing was closed.
Upon roll call, the motion was passed on a 5-0 vote.
The Vice Mayor asked that Agenda Item Nos. 11, 12, and 13 be pulled from the Consent Agenda.
CONSENT AGENDA14. MOTION TO ADOPT a resolution authorizing the City Manager to execute the Interlocal Agreement among the City, Broward County, unincorporated Broward County, several municipalities, the Florida Department of Transportation District 4, and the Florida Turnpike Enterprise for the second five-year National Pollutant Discharge Elimination System (NPDES) permit. (RESOLUTION NO. 2003-49)
MOTION: Waldman/Sarbone - To adopt Consent Agenda Item No. 14. Upon roll call, the motion was passed on a 5-0 vote.
11. MOTION TO ADOPT a resolution authorizing the City Manager to execute a Water and Wastewater Agreement between the City and M & S Real Estate Development Co.,
L.L.C., for the Mangone and Sons Plat No. 5C. (RESOLUTION NO. 2003-46)
MOTION: Sarbone/Waldman - To adopt Resolution No. 2003-46.
Noting that Agenda Item Nos. 11, 12, and 13 related to water, Vice Mayor Sarbone described the water pressure in the northern part of the City as "horrendous" and, therefore, questioned the approval of the items until the water tank issue was resolved. Mr. Rivera advised that individually these items would not affect the overall water pressure but acknowledged that it was critical to resolve the new water tank site issue. Ms. Cousins added that Agenda Item No. 12 was a replacement item, as previously the applicant should have been afforded the opportunity to purchase CCPEC ERCs.
Upon roll call, the motion was passed on a 5-0 vote.
12. MOTION TO ADOPT a resolution authorizing the City Manager to execute an Assignment of ERCs and a standard CCPEC Water and Wastewater Agreement between the City and Mike Sosa, Inc., for an existing restaurant within the Lyons Plaza. (RESOLUTION NO. 2003-47)
MOTION: Sarbone/Fantl - To adopt Resolution No. 2003-47.
Upon roll call, the motion was passed on a 5-0 vote.
13. MOTION TO ADOPT a resolution authorizing the City Manager to execute and Assignment of ERCs and a standard CCPEC Water and Wastewater Agreement between the City and West Creek Commons, Ltd., for Parcel “A” of the Adams Realty Company Plat. (RESOLUTION NO. 2003-48)
MOTION: Sarbone/Waldman - To adopt Resolution No. 2003-47.
Commissioner Waldman asked how this was applicable to unincorporated property owners not within the Parkland service area. Ms. Cousins stated that the policy was that those desiring to connect to City water are requested to sign a voluntary annexation petition.
Upon roll call, the motion was passed on a 5-0 vote.
REGULAR AGENDA
FINANCE AND ADMINISTRATIVE SERVICES
15. MOTION TO ADOPT a motion rejecting all bids submitted for the Copans Road Multi-Purpose Path, Bid No. 02-20-03-10.
MOTION: Waldman/Gerber - To adopt the motion rejecting all bids.
Vice Mayor Sarbone requested explanation. Ms. Rose explained that all bids received were substantially over budget and that, due to the extensive scope of the project, staff had asked the County to value engineer the project in the hope that the County will either remove some over-engineered aspects of the project or fund the balance of the project. She added that this was a reimbursable expense from the State Department of Transportation; however, a redirection of the project would require an amended application to FDOT.
Upon roll call, the motion was passed on a 5-0 vote.
16. MOTION TO ADOPT an ordinance amending Chapter 20, Code of Ordinances, entitled “Utilities”, Article III, “Water and Waste Water Regulations”, Section 20-26, entitled “Application”, documenting the need to obtain Social Security numbers from water and wastewater customers for identification and collection purposes. (ORDINANCE NO. 2003-007 - FIRST READING)
Ordinance No. 2003-007 was read by title by Ms. Cousins.
MOTION: Waldman/Fantl - To adopt Ordinance No. 2003-007.
Ms. Cousins explained that the proposed ordinance would comply with a 2002 state law that prohibits municipalities from collecting Social Security numbers without documenting the need for doing so and passing a law enabling their collection. Additionally, she had researched federal regulations on the Social Security website and found that the City was allowed to refuse water service if a customer refused to provide their Social Security number to the City.
City Comptroller Minal Shah stated that the need to collect the Social Security numbers was for identity and collection purposes only and has been used successfully in the past. Without the ability to collect the Social Security number, the amount of the deposit would have to be raised to cover the City's exposure.
Commissioner Waldman postulated that using this method a newly-annexed property owner could circumvent having to use City water service by refusing to provide their Social Security number.
Vice Mayor Sarbone asked for the method of determination that the number provided is accurate. Ms. Shah indicated there was no verification method and acknowledged there were individuals who would provide false information with the intent not to pay their water bill. The Vice Mayor felt this placed a burden on the well-intended property owner who did not want to divulge their Social Security number. He was not in favor of the proposed Ordinance.
Upon roll call, the motion was passed on a 4-1 vote with Vice Mayor
Sarbone voting nay.
PUBLIC SERVICES
17. MOTION TO ADOPT a resolution authorizing the City Manager to execute an Agreement between the City and Leisure Grants Services, Inc., for the purpose of applying for and obtaining funding for capital improvement projects. (RESOLUTION NO. 2003-50)
Director of Public Services Scott Sundermeier gave an overview of the proposed agreement, which was a new five-year agreement with Stan Hemphill of Leisure Grants Services. He noted that subsequent project authorizations would require City Commission approval.
The Mayor asked the status of the water conservation grant relating to the Rowe Center. Mr. Sundermeier indicated that extensions were available and would be applied for, if necessary.
Commissioner Waldman recalled his skepticism dating back ten years regarding the various grant programs, but noted that his position had changed over the years. He expressed support for Mr. Hemphill's work on behalf of the City.
The Vice Mayor referred to the section on Services Compensation and asked if payment was automatic or upon request for services by the City. Mr. Sundermeier stated there would be no payment without project authorization.
MOTION: Sarbone/Fantl - To adopt Resolution No. 2003-50.
Upon roll call, the motion was passed on a 5-0 vote.
Mr. Hemphill thanked the Commission for the opportunity to serve the City and pointed out that, if a time extension was needed on the Rowe Center conservation grant, it would be the first time it had to be done on behalf of the City. He complimented Mr. Sundermeier's work in this regard.
DEVELOPMENT SERVICES
20. MOTION TO ADOPT an ordinance approving the rezoning request of Philip A. Disque for Parcel C of the Northwest Park of Commerce Plat from IO-01 (Industrial/Office) to PCD (Planned Commerce District) containing 10.38 acres, more or less. (ORDINANCE NO. 2003-005 - SECOND READING) (PUBLIC HEARING) (QUASI-JUDICIAL)
Ordinance No. 2003-005 was read by title by Ms. Cousins.
MOTION: Waldman/Gerber - To adopt Ordinance No. 2003-005.
Mayor Tooley opened the public hearing.
Attorney Robert Lochrie, representing the applicant, was sworn in by the court reporter. Mr. Lochrie offered a voluntary one-time contribution of $25,000 to the City's landscape beautification fund, which would be made at the time of the issuance of the Certificate of Occupancy. He described the contribution as customary for projects of this size.
In response to Commissioner Waldman's question, Ms. Cousins stated that a motion to amend was not necessary and the $25,000 contribution was on the record.
Upon roll call, the motion was passed on a 5-0 vote.
21. ADJOURNMENT
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Barbara S. Price, CMC
City Clerk