Meeting No. 2005-15
Time: 7:00 p.m.
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City of Coconut Creek City Commission Minutes Meeting No. 2005-15 |
| Date: April 28, 2005 Time: 7:00 p.m. |
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| Kind: Regular | |
| 4800 West Copans Road, Coconut Creek, Florida, 33063 |
Tape 1
1. Mayor Marilyn Gerber called the meeting to order at 7:11 p.m.
2. The Pledge of Allegiance was led by Mayor Gerber.
3. Present upon roll call:
Mayor Marilyn Gerber
Vice Mayor Jim Waldman
Commissioner Becky Tooley
Commissioner Lou Sarbone
Commissioner Leonard Freund
Deputy City Manager Dave Rivera
City Attorney Paul Stuart
City Clerk Barbara Price
Absent: City Manager John Kelly.
4. Approval of Minutes: Regular Meeting No. 2005-12 – April 14, 2005
MOTION: Sarbone/Waldman – To approve minutes as noted.
Upon roll call, the motion was passed on a 5-0 vote.
5. PROCLAMATIONS
Mayor Gerber announced Proclamations declaring May 2nd through May 8th as “Public Service Recognition Week” and the month of May as “Civility Month.”
6. RECOGNITION OF CORPORATE SPONSORS OF THE 2005 ANNUAL BUTTERFLY CELEBRATION
Mayor Gerber expressed her pleasure in recognizing the Corporate Sponsors for the Annual Butterfly Festival, which she described as successful due to their support with over $30,000 being collected in contributions.
Assistant City Manager Mary Blasi announced the sponsors as follows:
Gold Sponsors: Florida Power and Light (Tony Newbold) (present), Pepsi Cola Bottling Co. (not present)
Silver Sponsors: All Service Refuse, Bank Atlantic, Construction Management Services, Exit Realty, Rand Eye Institute, Realty World, Seminole Tribe of Florida, (all present) Humana, Marsh USA, Northwest Medical Center, Ruden & McClosky, Waste Management (not present).
Corporate Sponsor: Zyscovich, Inc.
7. INPUT FROM RESIDENTS OF COCONUT CREEK: Three (3) minutes per resident on non-agenda items.
Robert Perkis, 4701 Lyons Road #61 stated that he is the owner and the webmaster for a website pertaining to Coral Lake Mobile Home Park and he read a statement, which he submitted into the record. Mr. Perkis requested the City to: set things right by restoring things as they were with the Mobile Home Park; drop all fines and liens against the Coral Lake property; deny the current rezoning request for the park; end the malicious code enforcement in the park; acquire grant money to install an attractive wall around the park; and, finally, add all mobile home parks to the Comprehensive Plan for the City as protected, affordable housing. He warned that if the issue proceeds, he would file complaints with the Florida Commission on Ethics and the Coconut Creek Police Department, and, if the Police Department “dragged their feet”, he would proceed to file a complaint with the State Attorney’s Office. Also, he would seek legal assistance to determine if this issue was the City’s way to circumvent its eminent domain responsibilities.
8. CITY MANAGER REPORT
A. STAFF REPORTS
Deputy City Manager Dave Rivera noted that the forthcoming Lunch Bunch Meeting included an invitation to Washington Collado as the incoming principal at Lyons Creek Middle School. Mr. Rivera also announced that the City Manager would hold a Town Hall meeting on May 12th beginning at 10:00 a.m., and on May 17th from 7 p.m. until 9 p.m. The purpose of the Town Hall Meetings is to receive input and have discussions with residents and other interested parties regarding the City’s upcoming budget.
Mr. Rivera advised of ongoing problems in South Creek with a sinkhole occurring from sewer issues, which is serviced by the City of Margate. The Florida Department of Transportation has given approval for a crane to be used to repair the problem.
9. CITY ATTORNEY REPORT
REQUEST FOR SETTLEMENT NEGOTIATION OR LITIGATION STRATEGY MEETING PURSUANT TO SECTION 286.011(8)
None.
10. COMMISSION COMMUNICATIONS
Commissioner Freund reported his attendance at the Turnpike widening meeting held at BCC North Campus, at which it was stated that the maximum sound barrier would be installed commencing in 2007.
Commissioner Tooley stated that she had attended the dinner at the Signature Grand for the Red Hat Society for which 17 cities had submitted Proclamations, and she was chosen to read the one from Coconut Creek.
Vice Mayor Waldman advised of his forthcoming trip to Tallahassee on Monday and Tuesday and asked his colleagues to let him know of any issues that he could address.
Mayor Gerber reported that she, the Vice Mayor, and Commissioners Sarbone and Freund had attended this day’s Arbor Day ceremony at Winston Park Elementary School, which was a wonderful occasion.
Mayor Gerber requested removing Item Nos. 12, 13, 14, and 15 from the Consent Agenda.
CONSENT AGENDA
11. MOTION TO ADOPT a resolution rescinding Resolution No. 2002-127 and authorizing he City Manager to disband the Youth Sports Organization Policy. (RESOLUTION NO.
2005-29) (Parks and Recreation)
12. MOTION TO ADOPT a resolution appointing Mikkie Belvedere, Walter Johnston, Don Patterson, and Washington Collado as regular members of the Environmental Advisory Board and an alternate member to be appointed by the Mayor. (RESOLUTION NO. 2005-30) (City Commission)
13. MOTION TO ADOPT a resolution appointing Ruth Gure, Sandra Welch, Edith Cohen, Al Amodeo, and Randy Johnson as regular members of the Parks and Recreation Advisory Board and Larry Weinberg as the alternate member. (RESOLUTION NO. 2005-31) (City Commission)
14. MOTION TO ADOPT a resolution appointing Lisa Aronson, Robert Penezic, Doug Young, Debra Voorhees, and Morris Chase as regular members of the Planning and Zoning Board and Walter Uhlig as the alternate members. (RESOLUTION NO. 2005-32) (City Commission)
16. MOTION TO ADOPT a resolution authorizing the City Manager to execute and submit an application related to the Coconut Creek Educational Corridor to the Florida Department of Transportation and the Metropolitan Planning Organization for Transportation Enhancement Program Funding for the Year 2007 and to enter into appropriate agreements required to receive said funding. (RESOLUTION NO. 2005-34) (Development Services)
17. MOTION TO ADOPT a resolution authorizing the City Manager to prepare and submit an application to Broward Beautiful for Broward County Tree Preservation Trust Funds (GreenSHADE) and to enter into the appropriate agreements required to receive funding for the proposed Pinecreek Greenway. (RESOLUTION NO. 2005-35) (Development Services)
MOTION: Sarbone/Tooley – To approve Consent Agenda Item Nos. 11, 12, 13, 14, 16, and 17.
Upon roll call, the motion was passed on a 5-0 vote.
The Mayor advised that she had asked for removal of Item Nos. 12, 13, and 14, in order to recognize the names of those Board members being appointed. Mr. Stuart stated that normally the names are voted on separately if the item is not on the Consent Agenda. After discussion, there was agreement to reinsert Item Nos. 12, 13 and 14 in the Consent Agenda.
MOTION: Freund/Sarbone – To reinsert Agenda Items 12, 13, and 14 back into the Consent Agenda.
Upon roll call, the motion was passed on a 5-0 vote.
The Mayor read the names of the Board members and asked those present to stand and be recognized.
Mr. Stuart stated that there were two names to be added for nomination as members of the Environmental Board. Commissioner Freund nominated Julius Yablonsky as his appointment. Upon roll call, the nomination was approved on a 5-0 vote.
Mayor Gerber nominated Andrew Hyatt as the alternate member of the Environmental Board. Upon roll call, the nomination was approved on a 5-0 vote.
15. MOTION TO ADOPT a resolution authorizing the City Manager to execute and submit a grant application to the Florida Department of Transportation, District Four Office, and the Metropolitan Planning Organization, in cooperation with the City of Deerfield Beach, for Transportation Enhancement Program funding for the Year 2007 for the Hillsboro Canal Greenway. (RESOLUTION NO. 2005-33) (Development Services)
MOTION: Waldman/Tooley – To adopt Resolution No. 2005-33.
Director of Development Services Sheila Rose advised that a substitute Resolution had been distributed, which removed the reference to the City of Deerfield Beach. Deerfield Beach would not be collaborating with the City on this grant application. Vice Mayor Waldman, as a member of the Metropolitan Planning Organization (MPO) asked that staff let him know if he could help with this process.
Mr. Stuart stated that the record should reflect the Commission was voting on a revised Resolution 2005-33 deleting reference to the City of Deerfield Beach.
Upon roll call, the motion was passed on a 5-0 vote.
REGULAR AGENDA
MOTIONS/RESOLUTIONS
18. MOTION TO ADOPT a resolution appointing two (2) regular members and one (1) alternate member by the City Commission to the Civil Service Board. (RESOLUTION NO. 2005-36) (City Commission)
MOTION: Waldman/Freund – To adopt Resolution No. 2005-36.
Mayor Gerber submitted the name Mildred Nierenberg for the Civil Service Board. Inasmuch as this was the only name submitted, Mr. Stuart suggested tabling this item until more names were submitted and he asked that they be submitted to the City Clerk’s Office.
MOTION: Sarbone/Waldman – To table Resolution No. 2005-36.
Upon roll call, the motion was passed on a 5-0 vote.
Mayor Gerber requested moving Item No. 25 forward on the agenda.
25. MOTION TO ADOPT an ordinance amending Chapter 15, Code of Ordinances, entitled “Parks and Recreation” by amending Sections 15-21, 15-23, 15-30 and creating Section 15-31, which amendments revise and create the rules and regulations and fee schedules for various City recreation facilities. (ORDINANCE NO. 2005-013 – FIRST READING) (Parks and Recreation)
Ordinance No. 2005-013 was read by title by Mr. Stuart.
MOTION: Waldman/Freund – To adopt Ordinance No. 2005-013.
Director of Parks and Recreation Linda Wiederspan explained the changes proposed in the Ordinance and clarified that the proposed Fitness membership fees would be used at both centers. Commissioner Tooley asked regarding the possibility of having a family and/or spouse fee re-established and if a 3 or 6-month membership fee could be applied toward an annual. Ms. Wiederspan indicated that a family fee could be put together and there could be consideration regarding applying the fees depending on the timeframe. Vice Mayor Waldman pointed out items in Section 15-31 that should be changed as they were out of date and that the fee structure should reflect the current free membership for employees. Therefore, a motion was made to amend the Ordinance.
MOTION: Waldman/Freund - To amend Ordinance No. 2005-013 Section 15-31, by deleting the lines referencing effective 10/1/03 under Fitness membership for one year, six months and three months and to add a column for employee stating no charge for memberships.
Upon roll call, the motion was passed on a 5-0 vote.
In response to Richard Seaman, 4731 Northwest 51 Street, who asked if a corporate membership for the Fitness Center could be instituted, Ms. Wiederspan advised that one existed and offered to send Mr. Seaman information in that regard.
Upon roll call, the motion, as amended, was passed on a 5-0 vote.
19. MOTION TO ADOPT a resolution authorizing the City Manager, or his designee, to execute the Third Amendment to the Contract for Fleet Maintenance and Management Services between the City of Coconut Creek and First Transit, Inc. (d/b/a First Vehicle Services, Inc.), which amendment sets the budget for the current contract year. (RESOLUTION NO. 2005-37) (Public Services)
MOTION: Tooley/Freund – To adopt Resolution No. 2005-37.
Upon roll call, the motion was passed on a 5-0 vote.
20. MOTION TO ADOPT a resolution approving the Interlocal Agreement with Howard C. Forman, Clerk of the Court for the Seventeenth Judicial Circuit of the State of Florida, to provide for the processing of municipal parking tickets and authorizing the appropriate City officials to execute the necessary documents to effectuate this Resolution. (RESOLUTION NO. 2005-38) (City Attorney)
MOTION: Tooley/Freund – To adopt Resolution No. 2005-38.
Upon roll call, the motion was passed on a 5-0 vote.
21. MOTION TO DIRECT the City Attorney to accept a Letter of Clarification related to interpretation of the MainStreet Design Standards as it relates to properties described as (i) Green Farm Replat, (ii) R.M. Green Corp. Plat, and (iii) Parcel D of the McJames PCD (Collectively, the “Properties”). (Development Services) (Tabled from April 14th Meeting)
MOTION: Waldman/Tooley – To direct City Attorney to accept Letter of Clarification.
Vice Mayor Waldman asked if the Letter of Agreement had been modified to incorporate the suggestions made at the previous meeting and was advised by Ms. Rose that a time frame has been added relating to the certification of the land use plan amendment rather than the adoption of the land use plan amendment.
Attorney Nectaria Chakis of Ruden McClosky, representing Mr. Green, stated that the agreement was that they would refrain from filing suit until such time as one of the two options outlined in the last paragraph of the letter occurs, which includes recertification of the City’s Comprehensive Plan and adoption of the Land Use Plan with the RAC. Ms. Rose clarified that the recertification pertained to the entire Comprehensive Plan and not just the amendment.
Vice Mayor Waldman confirmed that the City had a contract to purchase one of the parcels and was advised that the contract was for the R. M. Green parcel and the McJames Plat. Ms. Rose interjected that the contract purchaser for the Green Farm PCD had contacted the City to present the master plan for development to staff next week. Therefore, the Vice Mayor questioned if there was an urgency to conclude this issue at this time. Mr. Stuart noted that a good faith effort had been made into allowing the time period to pass. The appellate period may have been extended, and he was not sure of the ramifications. He noted that if the plan to be submitted met with approval, there would be no need for the agreement; however, if the new plan is met with resistance, the situation would have to be revisited in good faith. The Vice Mayor asked Ms. Chakis for their position. Ms. Chakis noted that the contract purchaser was aware of the letter, and she agreed to a two-week tabling.
MOTION: Sarbone/Waldman – To table Agenda Item No. 21 until the meeting of May 26, 2005.
Upon roll call, the motion was passed on a 5-0 vote.
22. MOTION TO ADOPT a resolution authorizing a reduction of code enforcement fines for CC Apartments, Inc., for failure to maintain property generally described as the Coconut Creek Apartments. (RESOLUTION NO. 2005-28) (Development Services) (Tabled from April 14th Meeting)
MOTION: Waldman/Tooley – To adopt Resolution No. 2005-28.
In response to remarks from Commissioner Freund and Commissioner Tooley, Mr. Stuart cautioned that as a quasi-judicial proceeding, the evidence must be heard prior to making any decision.
Attorney Louis Alphonse, representing CC Apartments and DMI, the property manager, addressed the Commission regarding the request for a fine reduction, which he felt had equitable considerations. He noted that the fines were for alleged inadequacy of garbage pickup rather than maintenance of the buildings. Conceding that there had been problems back in 2000 and 2001, Mr. Alphonse stated that no action had been taken by the City pertaining to inadequate garbage collection since that time, and his client felt they were in compliance. He also pointed out inaccuracies regarding the actual paperwork on the lien, including notification issues as to the certification of the fine, as well as other technical issues. Although Mr. Alphonse felt the lien would be set aside if it went to court, he stated his client wanted to be a good neighbor. He indicated that the money gained from a fine reduction would be used toward improvements on the property. Additionally, the new owners have been addressing all the issues with this property including painting and cleaning the buildings, and the property is in compliance, including adding an additional weekly pick up to meet compliance. Ken Suhandron, President of DMI, the property manager, submitted photographs of the property’s current condition.
Upon questioning from Commissioner Sarbone, Mr. Alphonso alleged that they had not received a copy of the June 26, 2001, Special Master Order from the City. Brief discussion ensued.
In response to the Vice Mayor Waldman’s question as to ownership, Mr. Alphonse confirmed that there was a new owner but the same property manager. The Vice Mayor asked regarding the number of buildings. Ken Suhandron, President of DMI Property Management, 318 South Powerline Road, Deerfield Beach, stated that the property consisted of 11 buildings, five at the end of one cul-de-sac and six at the end of another. He provided explanation as to how the violations had been remedied and added that agreement had been reached with the City’s Development Services Department, as well as All Service Refuse. The Vice Mayor felt that if efforts were being made to improve the property and if the monies were being used in that regard, he would be in favor of a fine reduction. Upon viewing the submitted photos, he asked that all of the dumpsters be enclosed. He felt that a case had been made for an equitable reduction, and it was duly noted that the applicant and the staff had agreed on a reduction to $7500.00.
Mayor Gerber asked if there could be verification that the fine reduction monies would be used toward improving the properties; however, Mr. Stuart stated there was no way for the City to monitor the property manager’s internal financing. In response, Mr. Suhandron elaborated on planned improvements the new owners were making to the property, including an improved sprinkler system, new sod and plantings, to have a more attractive appearance. Also, all buildings would be painted.
Commissioner Tooley commented on the poor condition of the property, specifically that buildings were in need of painting and that the pool area was disgusting. She did not see a large change over the past several years.
Ms. Rose requested having a condition to approval that the enclosures for the dumpsters be built to meet current code and that they not be wood enclosures.
MOTION: Waldman/Freund - To amend Resolution No. 2005-38 to require the building of dumpsters enclosures where they do not currently exist in accordance with City Code within 180 days.
Mr. Stuart provided brief information relating to the 2001 law relating to Massey hearings on the code liens. He recommended that it was in the City’s best interest to resolve this issue.
Commission Sarbone wanted all enclosures to be consistent throughout the property but he wanted it to be done in less than 180 days. As to permitting, Ms. Rose noted that there could be site plan issues. Following brief discussion, there was concurrence to require all of the dumpsters to be enclosed.
Upon roll call, the motion was passed on a 4-1 vote, with Commissioner Tooley voting nay.
Upon roll call, the motion, as amended, was passed on a 4-1 vote, with Commissioner Tooley voting nay.
23. MOTION TO ADOPT a resolution accepting, ratifying, and approving the Purchase Agreement between the City of Coconut Creek and R.M. Green Corporation. (RESOLUTION NO. 2005-39) (City Attorney)
MOTION: Tooley/Freund – To adopt Resolution No. 2005-39.
Upon roll call, the motion was passed on a 5-0 vote.
24. MOTION TO ADOPT an ordinance approving the purchase of a portion of the R.M. Green Corporation Plat, together with Parcel “D” of the McJames Plat No. 1, Planned Commerce District (PCD) contained in the McJames Plat No. 1, said properties containing 12.92 acres, more or less, from the R.M. Green Corporation. (ORDINANCE NO. 2005-012 – FIRST READING) (City Attorney)
Ordinance No. 2005-012 was read by title by Mr. Stuart.
MOTION: Waldman/Freund – To adopt Ordinance No. 2005-012.
Mr. Rivera wanted the Commissioners to be aware that the lake in the middle of the property is owned by Home Depot and is not included in this purchase.
Upon roll call, the motion was passed on a 5-0 vote.
ORDINANCE/FIRST READING
26. MOTION TO ADOPT an ordinance approving the Plat of the “Johnson Road Commerce Center” located on Johnson Road, south of Hillsboro Boulevard and east of State Road 7. (ORDINANCE NO. 2005-010 – FIRST READING) (QUASI-JUDICIAL) (Development Services) (Tabled from April 14th Meeting)
Ordinance No. 2005-010 was read by title by Mr. Stuart.
MOTION: Tooley/Sarbone – To adopt Ordinance No. 2005-010.
Mr. Rivera stated the outstanding issues with Mr. Butters were being resolved, and at this time he recommended moving forward with this item.
Upon roll call, the motion was passed on a 5-0 vote.
ORDINANCE/SECOND READING/QUASI-JUDICIAL
27. MOTION TO ADOPT an ordinance vacating, releasing, and abandoning a 15-foot Utility Easement described as a portion of that certain 15-foot Utility Easement of the west fifteen feet (15.0’) of Tract “D”, Commerce Center of Coconut Creek. (ORDINANCE NO. 2005-011 – SECOND READING) (PUBLIC HEARING) (QUASI-JUDICIAL) (Development Services)
Ordinance No. 2005-011 was read by title by Mr. Stuart.
MOTION: Waldman/Freund – To adopt Ordinance No. 2005-011.
Mayor Gerber opened the public hearing. There were no questions or comments, and the public hearing was closed.
Upon roll call, the motion was passed on a 5-0 vote.
28. ADJOURNMENT
The meeting was adjourned at 8:40 p.m.
Barbara S. Price, CMC
City Clerk