Meeting No. 2005-03
Time: 7:00 p.m.
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City of Coconut Creek City Commission Minutes Meeting No. 2005-03 |
| Date: January 27, 2005 Time: 7:00 p.m. |
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| Kind: Regular | |
| 4800 West Copans Road, Coconut Creek, Florida, 33063 |
1. Mayor Sarbone called the meeting to order at 7:09 p.m.
2. The Pledge of Allegiance was led by Mayor Sarbone.
3. Present upon roll call:
Mayor Lou Sarbone
Vice Mayor Marilyn Gerber
Commissioner Becky Tooley
Commissioner Sam Goldsmith
Commissioner Jim Waldman
City Manager John Kelly
Assistant City Attorney Nancy Cousins
City Clerk Barbara Price
Absent: City Attorney Paul Stuart
4. Approval of Minutes: Workshop Meeting No. 2005-01 – January 13, 2005
Regular Meeting No. 2005-02 – January 13, 2005
MOTION: Gerber/Waldman - To approve the Minutes as listed above.
Upon roll call, the motion was passed on a 5-0 vote.
5. PROCLAMATIONS
None.
6 . COMMISSION COMMUNICATIONS
Commissioner Waldman noted that there had been two elections with his re-election as Commissioner, and he congratulated Commissioner-Elect Leonard Freund upon his election as an unopposed candidate from District B.
Commissioner Goldsmith congratulated Commissioner Waldman and Commissioner-Elect Freund, as well as Vice Mayor Gerber on the occasion of her birthday. He noted that the recent Festival of India at the BCC Omni Auditorium was a successful event.
Commissioner Tooley also offered congratulations to Commissioner Waldman and Commissoner-Elect Freund, and she noted that, in addition to the Festival of India, they attended Township Days, and despite the rainy weather it was a great time. She also wished the Vice Mayor a Happy Birthday.
Vice Mayor Gerber offered her congratulations as well. She noted that the new Community Center would open on March 6th and invited the public’s attendance. There was consensus with her request to have a Butterfly Garden dedicated in memory of the late Commissioner Gloria Fantl on that date. Also, noting that the City would have its 40th birthday in two years, the Vice Mayor suggested that planning should begin.
Mayor Sarbone, too, offered his congratulations. He advised of his attendance at the recent National Conference for Legislators of Gaming States and related his feeling that there has been a shift from an emphasis on Indian gaming to casino gaming nationwide, thoroughbred racing, and the local slot referendum. He felt that the topic would be in the forefront for some time. He also noted his attendance at the County High School and Middle School Student Council meeting held at Lyons Creek Middle School, and he was pleased about the caliber of questions asked by the students.
Mr. Kelly presented the Vice Mayor with a bouquet of flowers in honor of her birthday.
7. RECOGNITION OF POLICE DEPARTMENT EMPLOYEES OF THE MONTH :
Officer Michael T. Leonard (October 2004); Detective James M. Dingus II (November 2004); Detective Kevin J. Vernetti (December 2004).
Police Chief George Raggio introduced Capt. Steve Devine, who read a statement relating to Officer Michael Leonard’s outstanding performance. Officer Leonard was presented with an award.
Chief Raggio then introduced Sgt. John Leonard, who read a statement relating to Detective Dingus’s outstanding performance. Detective Dingus was presented with an award.
Chief Raggio introduced Lt. Douglas Barclay, who read a statement relating to Detective Vernetti’s work on a high-profile case. Detective Vernetti was given an award for his outstanding performance.
8. RECOGNITION OF RETIREMENT OF POLICE K-9 AIK
Chief Raggio gave a brief history of the Canine Unit and advised that K-9 Aik was retiring due to a heart condition and would continue to live with Officer DiBlasi and his family. Sgt. Carlson gave a brief summary of the work done by K-9 Aik during his service to the City. In appreciation for his service to the City, the Chief presented K-9 Aik and Officer DiBlasio with a plaque, and the Commissioners gave K-9 Aik gifts to enjoy during his retirement.
9. RECOGNITION OF TEACHERS OF THE 2004/05 YEAR FOR PUBLIC SCHOOLS IN COCONUT CREEK
The Commission presented the teachers with a certificate of recognition and a $50.00 gift certificate to be used in an educational supply store. The teachers were: Maria Voyles, Coconut Creek High; Jason Dixon, Monarch High; Marcia Fay, Coconut Creek Elementary; Erin Gaylor. Tradewinds Elementary; Lorraine McManus, Atlantic Technical; Jennifer Sundook, Winston Park Elementary; and James Hammond, Lyons Creek Middle.
10. PRESENTATION OF CERTIFICATES OF ACHIEVEMENT FOR ART WORK TO STUDENTS AT LYONS CREEK MIDDLE SCHOOL AND NORTH BROWRD PREPARATORY SCHOOL
Lyons Creeks Middle School art teacher Stephanie Richmond and art teachers Shelley Weiss and Susan Greeley of North Broward Preparatory School presented certificates of achievement to students. Ms. Richmond noted that they are pleased to participate in the City’s program.
11. CITY MANAGER REPORT
None.
12. CITY ATTORNEY REPORT
None.
REQUEST FOR SETTLEMENT NEGOTIATION OR LITIGATION STRATEGY MEETING PURSUANT TO SECTION 286.011(8)
13. INPUT FROM RESIDENTS OF COCONUT CREEK: Three (3) minutes per resident on non- agenda items.
None.
CONSENT AGENDA
Commissioner Goldsmith asked that Item No. 15 be pulled, and the Mayor asked that Item No. 16 be pulled from the Consent Agenda.
14. MOTION TO ADOPT a resolution authorizing the City Manager to execute an Agreement for the sale of retired K-9 Aik to Officer Carl J. DeBlasi. (RESOLUTION NO. 2005-08) (Police)
MOTION: Waldman/Tooley – To adopt Consent Agenda Item No. 14.
Upon roll call, the motion was passed on a 5-0 vote.
15. MOTION TO ADOPT a resolution urging the members of the Florida Legislature to support growth management issues during the 2005 Legislative Session. (RESOLUTION NO. 2005-09) (City Manager)
MOTION: Goldsmith/Waldman - To table Resolution No. 2005-09.
Upon roll call, the motion to table was passed on a 5-0 vote.
16. MOTION TO APPROVE a modification to Section II of the Settlement Agreement between Coral Lake MHP Limited Partnership and the City for a 30-day extension of the date from February 25, 2005, to March 25, 2005, related to the timing of the payment of the code enforcement fine that was approved on December 9, 2004. (City Manager)
Commissioner Goldsmith questioned the signatory of Whitcomb Inc., rather than Square Lake Associates. Ms. Cousins stated that she had received assurance from Coral Lake Attorney Mike Moskowitz that Whitcomb was the Florida general partner of Coral Lake MHP Limited Partnership. Square Lake is the management company.
The Mayor referred to a letter he had received from County Mayor Kristen Jacobs enclosing a letter written by a resident, and he wanted the record to reflect that statements made in the resident’s letter were untrue, such as the City’s extorting the landlord to sell the land and that the only way to avoid foreclosure was to sell the park. He wished that Attorney Moskowitz was present so that the matter could be cleared up.
MOTION: Gerber/Waldman - To approve the modification to Section II of the Settlement Agreement.
Upon roll call, the motion to table was passed on a 4-1 vote with Mayor Sarbone voting nay.
REGULAR AGENDA
MOTIONS/RESOLUTIONS
17. MOTION TO AUTHORIZE the issuance of a Purchase Order to B & H Gunrack, Inc. in the amount of $57,258.30 for One Hundred (100) Sig Sauer P226R weapons and accessories, pursuant to Bid No. 12-14-04-10. (Finance & Administrative Services)
MOTION: Gerber/Tooley - To approve the motion as stated.
Upon roll call, the motion was passed on a 5-0 vote.
18. MOTION TO ADOPT a resolution authorizing the use of confiscated forfeiture funds in the amount of $47,259.00 at the request of the Chief of Police. (RESOLUTION NO. 2005-10) (Police)
MOTION: Tooley/Gerber - To adopt the motion as stated.
Upon roll call, the motion was passed on a 5-0 vote.
19. MOTION TO APPOINT a five-member Charter Review Board pursuant to Section 907 of the City Charter. (City Attorney)
MOTION: Goldsmith/Tooley- To adopt the motion.
Ms. Cousins asked that the appointments be effective on February 10th, which would require an amendment to the motion.
MOTION: Gerber/Tooley – That the appointments be effective on February 10, 2005.
The Mayor was not ready to make an appointment but indicated he would make one at the next meeting.
Commissioner Waldman nominated Terrill Whitley.
Commissioner Goldsmith nominated Charles B. Heft.
Commissioner Tooley nominated Deborah Hysell.
Vice Mayor Gerber nominated Ely Adler.
Upon roll call, the nominations were approved on a 5-0 vote.
Upon roll call, the motion to appoint a five-member Charter Review Board, as amended, was passed on a 5-0 vote.
20. MOTION TO ADOPT a resolution authorizing the City Manager to execute an agreement between the City, Broward County, and Winston Park Ltd., to transfer environmentally sensitive land to the City. (RESOLUTION NO. 2005-11) (City Attorney)
MOTION: Gerber/Tooley – To adopt Resolution No. 2005-11.
Ms. Cousins provided background that this was the culmination of approximately three years of negotiations between Joshua Muss, the County, and the City for the settlement of code enforcement action taken by the County for non-maintenance of the preserve. The land was transferred to the County, who has offered it to the City since the City is in a better position to maintain the property. The County will perform the initial cleanup.
MOTION: Gerber/Tooley – To adopt Resolution No. 2005-11.
Upon roll call, the motion was passed on a 5-0 vote.
21. MOTION TO ADOPT an ordinance providing for the transfer of real property between the City as Transferee and Broward County, as Transferor, for real property described as Lots 17, 18, 19, 20, 21, and 22 of Block 8 of Winston Park Section Three. (ORDINANCE NO. 2005-006) (City Attorney)
MOTION: Waldman/Gerber - To adopt Ordinance No. 2005-006.
Ordinance No. 2005-006 was read by title by Ms. Cousins.
Upon roll call, the motion was passed on a 0-5 vote.
ORDINANCES/ SECOND READINGS/PUBLIC HEARING/QUASI-JUDICIAL
22. MOTION TO ADOPT an ordinance approving modifications to the Hale Plat Planned Commerce District (PCD) by amending Ordinance No. 112-98. (ORDINANCE NO. 2004-056 - SECOND READING) (PUBLIC HEARING) (QUASI-JUDICIAL) (Development Services)
Ordinance No. 2004-056 was read by title by Ms. Cousins.
MOTION: Tooley/Gerber - To adopt Ordinance No. 2004-056.
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.
23. MOTION TO ADOPT an ordinance approving the rezoning request for the property generally described as Lots 34, 35, and 41, Block 85, Palm Beach Farms Company Plat No. 3, containing 15.0716 acres, more or less. (ORDINANCE NO. 2005-001 - SECOND READING) (PUBLIC HEARING) (QUASI-JUDICIAL) (Development Services)
Ordinance No. 2005-001was read by title by Ms. Cousins.
MOTION: Gerber/Tooley - To adopt Ordinance No. 2005-001.
The Mayor opened the public hearing. There were no questions or comments, and the hearing was closed.
Attorney Dick Coker, on behalf of the applicant, offered to answer questions. Commissioner Goldsmith recalled his concern regarding warehouses as a permitted use at the first hearing, and he indicated that from explanation provided by Mr. Coker at that hearing, he was comfortable with warehouses remaining a permitted use.
Upon roll call, the motion was passed on a 5-0 vote.
24. MOTION TO ADOPT an ordinance vacating, releasing, and abandoning a 14-foot F.D.O.T right-of-way for a right-turn lane, described as a portion of that certain 14-foot wide right-of-way dedication as shown on the Hillsboro Associates Plat. (ORDINANCE NO. 2005-002 – SECOND READING) (PUBLIC HEARING) (QUASI-JUDICIAL) (Development Services)
Ordinance No. 2005-002 was read by title by Ms. Cousins.
MOTION: Gerber/Tooley – To adopt Ordinance No. 2005-002.
The Mayor opened the public hearing. There were no questions or comments, and the hearing was closed.
Ms. Rose noted that Item Nos. 24, 25, 26, and 27 related to the same property.
Upon roll call, the motion was passed on a 5-0 vote.
25. MOTION TO ADOPT an ordinance vacating, releasing, and abandoning a 20-foot landscape easement described as a portion of that certain 20-foot landscape and utility easement lying over and across a portion of Parcel “A”, Hillsboro Associates Plat. (ORDINANCE NO. 2005-003 - SECOND READING) (PUBLIC HEARING) (QUASI-JUDICIAL) (Development Services)
Ordinance No. 2005-003 was read by title by Ms. Cousins.
MOTION: Gerber/Tooley – To adopt Ordinance No. 2005-003.
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.
26. MOTION TO ADOPT an ordinance vacating, releasing, and abandoning a 14-foot ingress/egress easement described as a portion of that certain 14-foot ingress/access easement lying over a portion of Parcel “A”, Hillsboro Associates Plat. (ORDINANCE NO. 2005-004 - SECOND READING) (PUBLIC HEARING) (QUASI-JUDICIAL) (Development Services)
Ordinance No. 2005-004 was read by title by Ms. Cousins.
MOTION: Goldsmith/Gerber – To adopt Ordinance No. 2005-004.
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.
27. MOTION TO ADOPT an ordinance vacating, releasing, and abandoning a 12-foot utility easement described as a portion of that certain 12-foot utility easement lying over and across a portion of Parcel “A”, Hillsboro Associates Plat. (ORDINANCE NO. 2005-005 - SECOND READING) (PUBLIC HEARING) (QUASI-JUDICIAL) (Development Services)
Ordinance No. 2005-005 was read by title by Ms. Cousins.
MOTION: Tooley/Goldsmith – To adopt Ordinance No. 2005-005.
The Mayor opened the public hearing.
Upon roll call, the motion was passed on a 5-0 vote.
ADDENDUM
A. MOTION TO ADOPT a resolution appointing Robert Penezic as a regular member of the Planning and Zoning Board. (RESOLUTION NO. 2005-12) MOTION: Waldman/Gerber - To adopt Resolution No. 2005-12. Commissioner Waldman nominated Rob Mr. Penezic to complete the term of his former appointee, who could no longer serve on the Board. The nomination was approved on a 5-0 vote. Upon roll call, the motion was passed on a 5-0 vote. 28. ADJOURNMENT The meeting was adjourned at 8:03 p.m. Barbara S. Price, CMC City Clerk