Seal - City of Coconut Creek City of Coconut Creek City Commission Minutes
Meeting No. 2008-14
Date: April 24, 2008
Time: 7:00 pm
Kind:  Regular
4800 West Copans Road, Coconut Creek, Florida, 33063

1.       The meeting was called to order by Mayor Becky Tooley at 7:00 p.m.

2.       The Pledge of Allegiance was led by Boy Scout Kevin Thomas.

3.       Present upon roll call:

                                    Mayor Becky Tooley

                                    Vice Mayor Leonard Freund

                                    Commissioner Marilyn Gerber

                                    Commissioner Lou Sarbone

                                    City Manager John Kelly

                                    City Attorney Paul Stuart

                                    Assistant City Clerk Jacquelyn Cook

4.       APPROVAL OF MINUTES:   Workshop Meeting No. 2008-11 – April 10, 2008

                                                           Regular Meeting No. 2008 -12 – April 10, 2008

            MOTION:    Sarbone/Freund – To approve the Minutes as listed.

                               Upon roll call, the motion was passed on a 4-0 vote.

5.       PROCLAMATIONS.   

Mayor Tooley advised that she had presented a proclamation at the Dave Thomas Educational Center for Arbor Day today. 

6.      CITIZENS ACADEMY GRADUATION

Public Information Officer Yvonne Lopez explained the nine-week program for residents to learn how the City is run, and she thanked staff and the Department Heads who had made presentations to the class.  She noted that, although this class had 25 participants, there were a total of 51 Citizens Academy graduates.  The Commission presented certificates to following graduates who were present:  Jonathan Abramson, Lisa Aronson, Mikkie Belvedere, Kathy Ecklond, Suzan Ferrara, Miguel Garcia, Daniel Gonzalez, Brian Handleman, Lee Ann Hoglievina, Cathy Kaler, Don Kaler, Marian Patricia Kloter, Karen Knight, Michelle Norman, John Pesce, Claire Pesce, Anthony Rynicke, Jacqueline Sandoval, Heidi Scourby, Jim Sebest, Lourdes Torres-Saurez, and Carolina Vargas.    Patricia Handleman, Philip Santo, and Ivan Sauren were not present.   

7.       PRESENTATION OF CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING FOR THE CITY’S COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2006.

Mayor Tooley presented a plaque for Achievement for Excellence in Financial Reporting for the City’s Comprehensive Annual Financial Report for the fiscal year ended September 30, 2006, to Director of Finance and Administrative Services Karen Brooks and commended her on the work done.

8.       INPUT FROM RESIDENTS OF COCONUT CREEK: Three (3) minutes per resident on non-agenda items.

            None.

9.      CITY MANAGER REPORT

            None.

10.      CITY ATTORNEY REPORT

REQUEST FOR SETTLEMENT NEGOTIATION OR LITIGATION STRATEGY MEETING PURSUANT TO SECTION 286.011(8).

City Attorney Paul Stuart stated that the lawsuit that had been filed by Infiniti and Lexus regarding drainage rights and other matters relating to the rezoning had been settled.

11.     COMMISSION COMMUNICATIONS

a.     Committee Reports

Commissioner Sarbone requested that the issue of the elliptical equipment at the north gym be addressed, as he has received numerous requests regarding the switching of the equipment.

Commissioner Gerber reported that she had spoken at the Township regarding MainStreet as well as other things in the City and had received very positive feedback regarding the City. 

Commissioner Freund reported that he had attended the Arbor Day tree planting ceremony at the Dave Thomas Educational Center, as well as a wildflower planting program at Broward Community College.  Both gatherings were well attended.  He reminded that the City would have a tree give-away on Saturday starting at 8:00 a.m. 

Mayor Tooley was pleased to announce that the Lake Julie clean-up had begun, but she noted that the residents also would like to see the canals dredged.  She also reminded everyone about the “Relay for Life” Friday night at Monarch High School.  The Mayor also announced that Tradewinds Elementary was reported on Channel 6 as winners of the “Hero Water Award” at Disney World for the Jiminy Cricket Environmentality project, and felt that Dr. Whiting should be honored at a future Commission meeting.  Mayor Tooley also suggested that the “Movie in the Park” event needed further advertising as there did not seem to be much attendance.  She also reported that she had attended the Fire Explorers Competition with Team A placing first and Team B winning the First Aid competition and placing third.  In conclusion, the Mayor noted that Coconut Creek High School had won an award and that she would be speaking at their “Top Ten Percent” banquet in two weeks.

The Mayor announced that there was an Addendum for the meeting with Agenda Item No. 31, an agreement to contract with Ron Greenstein for City lobbying, and Agenda Item No. 32, a T-Mobile Tower space lease agreement.

REGULAR AGENDA

MOTIONS/RESOLUTION

12.       MOTION TO CANCEL the Commission meetings of June 26th and July 10th(City Commission)

          MOTION:         Freund/Gerber – To approve the cancellation of the June 26th and July 10th Commission meetings.

                                    Upon roll call, the motion was passed on a 4-0 vote.

13.       MOTION TO APPOINT a Director, an Alternate, and a Second Alternate to the Broward League of Cities. (City Commission)

          MOTION:         Freund/Sarbone – To table the appointments to the meeting of May 8th, 2008, after the new Commissioner is seated.

                                    Upon roll call, the motion was passed on a 4-0 vote.

14.       MOTION TO ACCEPT the resignation of the City Manager. (City Manager)

          MOTION:         Sarbone/Gerber – To accept the resignation of the City Manager.

            MOTION:         Sarbone/Freund – To change the wording from resignation to retirement.

                                    Upon roll call, the motion was passed on a 4-0 vote.

Commissioner Gerber said that it was very difficult to accept the City Manager’s retirement and she thanked him for all his service.

15.       MOTION TO ACCEPT the Evaluation Committee ranking for Engineering Utility Design, Construction Management and Planning Consultant Service for undergrounding of above ground utility lines, RFQ #02-13-08-10 as follows: 1) Utility Engineering Inc., 2) Distribution Design Consultants, Inc. and 3) Stanley Consultants, Inc. (Finance and Administrative Services)

            There was agreement to table all three motions for this item to the May 8th meeting.

            MOTION:         Gerber/Freund – To table to the meeting of May 8th, 2008.

                                    Upon roll call, the motion was passed on a 4-0 vote.

            MOTION TO ESTABLISH a Negotiation Committee consisting of Sheila Rose, Director of Development Services; Raj Verma, Director of Utilities & Engineering; and Karen Brooks, Director of Finance and Administrative Services, or designee as appointed by the City Manager.

            MOTION:         Gerber/Freund – To table to the meeting of May 8th, 2008.

                                    Upon roll call, the motion was passed on a 4-0 vote.

            MOTION TO AUTHORIZE the Negotiation Committee to enter into negotiations with the number one ranked firm and to present a contract to the City Commission for final approval.

                                    MOTION:         Freund/Gerber – To table to the meeting of May 8th, 2008.

                                    Upon roll call, the motion was passed on a 4-0 vote.

16.       MOTION TO ACCEPT the Evaluation Committee’s ranking for Architecture, Landscape Architectural and Urban Design Services, RFQ #03-19-08-10 as follows:  1) Bermello Ajamil & Partners, Inc., 2) Architectural Alliance, 3) Walters Zackria Associates, PLLC, 4) Miller Legg, 5) Keith and Schnars, P.A., 6) Cubellis, Inc., 7) Land Design South, and 8) Saltz Michelson Architects.   (Finance and Administrative Services)     

            MOTION:         Gerber/Freund – To accept the Evaluation Committee ranking.

            Director of Development Services Sheila Rose noted that this would establish a rotating list of the top eight firms and not just an award to the first contractor.  Commissioner Sarbone questioned the ranking in terms of total points as there seemed to be a large split.  Ms. Rose explained that this bid was unique as there would be three different types of services offered.

                                    Upon roll call, the motion was passed on a 4-0 vote.

            MOTION TO ESTABLISH a Negotiation Committee consisting of Karen Brooks, Director of Finance and Administrative Services; Scott Sundermeier, Director of Public Works; and Sheila Rose, Director of Development Services, or designee as appointed by the City Manager.

            MOTION:         Gerber/Freund – To establish a Negotiation Committee.

                                    Upon roll call, the motion was passed on a 4-0 vote.

            MOTION TO AUTHORIZE THE Negotiation Committee to enter into negotiations with the eight (8) top ranked firms, per Florida Statute 287.055, Consultants’ Competitive Negotiation Act (CCNA), and to present eight (8) architecture, landscape architectural, and urban design services contracts to the City Commission for final approval.

            MOTION:         Gerber/Freund – To authorize the Negotiation Committee to proceed with negotiations.

                                    Upon roll call, the motion was passed on a 4-0 vote.

17.       MOTION TO ACCEPT the Evaluation Committee Ranking for Fleet Management and Maintenance Services pursuant to RFP #03-26-08-11 as follows:  1) First Vehicle Services, and 2) All Star Fleet Services, LLC.   (Finance and Administrative Services)    

          MOTION:         Gerber/Freund – To accept the Evaluation Committee ranking.

Mayor Tooley asked if there had been any problems with the Fleet Services contract.   Deputy City Manager Dave Rivera said their performance was much better than in the past and the Director of Public Works Scott Sundermeier was pleased with the services being provided.

                                    Upon roll call, the motion was passed on a 4-0 vote.

MOTION TO ESTABLISH a Negotiation Committee consisting of Karen Brooks, Director of Finance and Administrative Services; Scott Sundermeier, Director of Public Works; Rich Cascio, Public Works Manager; and Suzanne Monington, Fleet Services Contract Administrator, or designee as appointed by the City Manager.

            MOTION:         Freund/Gerber – To establish a Negotiation Committee.

                                    Upon roll call, the motion was passed on a 4-0 vote.

MOTION TO AUTHORIZE the Negotiation Committee to enter into negotiations with the number one ranked firm and to present a contract to the City Commission for final approval.

            MOTION:         Freund/Sarbone – To authorize the Negotiation Committee to proceed with negotiations. 

                                    Upon roll call, the motion was passed on a 4-0 vote.

18.       MOTION TO ACCEPT for filing with the City Clerk, the comprehensive annual financial report and the other independent auditor’s reports for the fiscal year ended September 30, 2007.   (Finance and Administrative Services)                  

            MOTION:         Freund/Gerber- To accept the Comprehensive Annual Financial Report.

Director of Finance Karen Brooks stated that the audit had gone smoothly; however, there had been two comments related to security issues through Information Services and documenting policies and procedures, which they are in the process of correcting.

                                    Upon roll call, the motion was passed on a 4-0 vote.

19.       MOTION TO ACCEPT the proposal and authorize contract award for insurance coverage to Preferred Government Insurance Trust – RFP #04-14-08-02. (City Manager)

            MOTION:         Freund/Gerber – To accept the contract award for insurance coverage to Preferred Government Insurance Trust.

            Ms. Brooks explained that this policy would save the City approximately $200,000 in this fiscal year and approximately $700,000 in the next fiscal year.  The policy is for 16 months, which would cover two hurricane seasons.  Commissioner Sarbone asked if the coverage was comparable to the last policy, and Ms. Brooks confirmed that it was comparable, as the City is no longer in a risk pool.  She commended the work done by Assistant City Manager Mary Blasi on this issue.

                                    Upon roll call, the motion was passed on a 4-0 vote.

20.       MOTION TO ADOPT a resolution approving the Interlocal Fires Services agreement between the Cities of Coconut Creek, Coral Springs, Margate and Parkland.  This agreement will provide an avenue for the current fire departments to begin sharing automatic aid within the cities.  This agreement will be re-evaluated in six months and adjusted and terminated as needed.  (Resolution No. 2008 – 32) (City Manager)

            MOTION:         Gerber/Freund – To adopt Resolution No. 2008-32.

            Fire Chief Steve Pollio explained that the agreement would allow expansion to the existing contract the City maintains with the City of Margate as well as evaluating the potential of a regional fire system.  He said it was a temporary measure that would be evaluated every six months.  He noted that EMS would not be included in this initial agreement; however, if the agreement is successful, EMS would be included in September. The four cities are Parkland, Coral Springs, Margate, and Coconut Creek.  Commissioner Sarbone asked if this was a cooperative agreement for which the City would not be expending funds, which was confirmed by Chief Pollio, who felt it was an opportunity to test a fire district.  He added that both fire unions involved in this issue are in favor of this agreement.

                                    Upon roll call, the motion was passed on a 4-0 vote.

21.       MOTION TO ADOPT a resolution to consider a reduction of Code Enforcement fines for Hector Navarro, owner of the property located at 3821 N.W. 11 Street. (RESOLUTION NO. 2008 – 33) (Development Services)

            MOTION:         Gerber/Freund – To adopt Resolution No. 2008-33.

            Ms. Rose explained that the respondent was present, and she briefly noted that after Hurricane Wilma Mr. Navarro had started replacing the roof on his home without a permit.  However, the roof has been brought into compliance and there are no other code violations on the property.  Based on the amount of staff time spent on this issue, she recommending a reduction in the fine to not less than $1,000. 

            Hector Navarro, 3821 N.W. 11 Street, said that due to financial struggles, he had tried to replace the roof himself and he acknowledged that he this was a violation of City Code.  He confirmed that the house is now in compliance and commented staff for guidance with this issue. Discussion ensued regarding reduction of the fine and the amount. Commissioner Sarbone felt that due to Mr. Navarro’s effort to come into compliance the entire fine should be waived. However, the Mayor felt the fine should stand to cover staff time, and she suggested a payment plan could be worked with Mr. Navarro. Commissioner Gerber then suggested reducing the fine by half for $500.00, payable within 30 days.   

            MOTION:         Gerber/Freund – To reduce the fine to $500.

            Upon roll call, the motion was passed on a 3-1 vote, with Mayor Tooley voting nay.

22.       MOTION TO ADOPT a resolution authorizing the City Manager to approve the Parkwood VI Neighborhood Enhancement Grant Application for matching funds from the Neighborhood Beautification Enhancement Grant Program for enhancements to the community entrance, including signage, landscaping, and lighting. (RESOLUTION NO.  2008 – 34) (Development Services)

            MOTION:         Freund/Gerber – To adopt Resolution No. 2008-34.

            Ms. Rose explained that this ground would beautify the entrance of Parkwood VI with native plantings and add lighting. She pointed out that this was the last one of the grants available through the funding for this year, and staff recommended approval. 

            Diane Travelli, 6664 N.W. 42 Terrace, president of the Homeowners Association said that they look forward to a positive outcome with improved aesthetics.  

                                    Upon roll call, the motion was passed on a 4-0 vote.

23.       MOTION TO ADOPT a resolution authorizing the City Manager to approve a work order for Keith and Schnars to provide professional landscape design services associated with roadway median improvements for Phase II of the Lyons Road Beautification Project. (RESOLUTION NO. 2008 – 35) (Development Services)

            MOTION:         Freund/Sarbone – To adopt Resolution No. 2008-35.

            Ms. Rose explained that this is the second phase of the Lyons Road Beautification Program, which is moving into the design phase.  The contract is split into two components, one for the landscape architectural plan, and two, construction management.  The work is somewhat constricted due to limited medians.  Presentations will be made to the Commission following the conceptual development of the working drawings.  Commissioner Gerber asked about the progress on the phase between Copans and Sample Roads, and Ms. Rose noted that phase has been delayed because the undergrounding of the utilities in that area is being reviewed. 

                                    Upon roll call, the motion was passed on a 4-0 vote.

24.       MOTION TO ADOPT resolution providing for the adoption of a Citizen Participation Plan establishing the City’s policies and procedures for a Citizen Participation in developing the consolidated plan and incremental action plans for Community Development Block Grant (CDBG) Funding.  (RESOLUTION NO. 2008 – 36) (Development Services)

            MOTION:         Freund/Gerber – To adopt Resolution No. 2008-36.

Ms. Rose explained that the Plan is a requirement for compliance with the City’s entitlement status and the Community Development Block Grant (CDBG) funding.  The first public meeting in this plan is scheduled for May 5th and would be facilitated by the City’s consultant and staff.     Commissioner Sarbone asked that this was related to the City’s reaching the 50,000 resident mark, which Ms. Rose confirmed.  Ms. Rose noted that the meeting has been advertised and posted with the City Clerk.

                                    Upon roll call, the motion was passed on a 4-0 vote.

25.       MOTION TO ADOPT a resolution providing for the adoption of a Local Housing Assistance Plan pursuant to the requirements of the State Housing Initiatives Partnership Act.  (RESOLUTION NO.  2008 – 37) (Development Services) 

            MOTION:         Freund/Sarbone – To adopt Resolution No. 2008-37.

            Ms. Rose said that the Local Housing Assistance Plan (LHAP) is required by State regulations related to affordable housing assistance. CDBG are federal funds and SHIP funds are state funds.  The expected allocation is $425,000 and the LHAP is a three-year plan that can be reviewed annually.  The plan provides for funds being directed towards home repair, purchase assistance, and disaster preparedness for low-to-moderate income homes.  Mayor Tooley asked if there would be a consultant working with the City regarding the housing issues, and Ms. Rose said that the City had hired Community Redevelopment Associates, who does all of the screening for income qualifications for all applicants of public funds. 

                                    Upon roll call, the motion was passed on a 4-0 vote.

26.       MOTION TO ADOPT a resolution authorizing the City of Coconut Creek to rescind Resolution No. 2008-04, which authorized the execution of a First Amendment to the Water and Wastewater Agreement between the City and ABC Times Three, LLC for a portion of the Palm Beach Farms Company Plat No. 3, known as the Paloma Lakes project. (RESOLUTION NO. 2008-38) (Utilities and Engineering)

            MOTION:         Sarbone/Freund – To adopt Resolution No. 2008-38.

            Senior Engineer Osama Elshami explained that Paloma Lakes had required an extra ERC for the project, which had been charged at a standard rate in error rather than the CCPEC amount as it should have been. Therefore, the original resolution is being rescinded and replaced and the agreement replaced with a CCPEC agreement.

                                    Upon roll call, the motion was passed on a 4-0 vote.

27.       MOTION TO ADOPT a resolution of the City Commission of the City of Coconut Creek, Florida authorizing the City Manager to execute an Interlocal Agreement with the City of Margate, Florida for the repavement of the portion of Banks Road that lays within the City of Coconut Creek’s city limits.  (RESOLUTION NO. 2008-39) (Utilities and Engineering)

            MOTION:         Gerber/Freund – To adopt Resolution No. 2008-39.

                                    Upon roll call, the motion was passed on a 4-0 vote.

ORDINANCE/SECOND READING

28.       MOTION TO ADOPT an ordinance authorizing the Mayor to execute the Amendment to Space Lease Agreement between the City and T-Mobile South, LLC, providing for modification of equipment on existing City tower and an increase in rent.  (ORDINANCE NO. 2008-018 – SECOND READING)    (City Manager)

            Ordinance No. 2008-018 was read by title by Mr. Stuart.

            MOTION:         Gerber/Freund – To adopt Ordinance No. 2008-018.

                                    Upon roll call, the motion was passed on a 4-0 vote.

Mayor Tooley called a recess at 7:55 p.m.

The meeting was reconvened at 8:00 p.m.

ORDINANCES/SECOND READINGS/PUBLIC HEARINGS/QUASI-JUDICIAL

29.       MOTION TO ADOPT an ordinance amending Ordinance No. 2007-001, approving the Village of Marbella PMDD (Planned MainStreet Development District) modification request of Pompano Imports, Inc., relating to PMDD design standards specific to landscape requirements. (ORDINANCE NO. 2008-014 - SECOND READING) (PUBLIC HEARING) (QUASI-JUDICIAL) (Development Services)    (Tabled from March 27th Meeting)

            Ordinance No. 2008-014 was read by title by Mr. Stuart.

            MOTION:         Gerber/Sarbone – To adopt Ordinance No. 2008-014.

Mayor Tooley opened the public hearing and requested that all speaking on this item be sworn.

Attorney Barbara Hall requested continuance for both Agenda Item Nos. 29 and 30 to the Commission meeting of May 8th, 2008.  She noted that any costs associated with this deferral would be paid for by the applicant. 

Mayor Tooley closed the public hearing.   

Commissioner Sarbone stated that that it was a good idea to table these items, as it would give the applicant a chance to meet with staff to work out details and it also provides for the Commission to have a full five member Commission, which is important for a project of this magnitude.

Mr. Kelly asked if there would be a possibility of coming to a resolution by May 8th or should these items be tabled indefinitely.  Ms. Hall said that they are exploring alternatives and have drafted new language to discuss with the staff.  Mayor Tooley requested that the Commission be given time to review and ask questions regarding the new language.

            MOTION:         Sarbone/Gerber – To table to the meeting of May 8th, 2008.

                                    Upon roll call, the motion was passed on a 4-0 vote.

30.       MOTION TO ADOPT an ordinance approving the Site Plan request of Pompano Imports, Inc. for a mixed use development on the North side of Sample Road, just West of Lyons Road, in the City’s MainStreet Project Area (MSPA).  (ORDINANCE NO. 2008-015 – SECOND READING) (PUBLIC HEARING) (QUASI-JUDICIAL) (Development Services)   (Tabled from March 27th Meeting)

            Ordinance No. 2008-015 was read by title by Mr. Stuart.

            MOTION:         Gerber/Sarbone – To adopt Ordinance No. 2008-015.

            MOTION:         Gerber/Freund – To table to the meeting of May 8th, 2008.

                                    Upon roll call, the motion was passed on a 4-0 vote.

ADDENDUM

31.    MOTION TO ADOPT a resolution approving agreement between the City and Ron Greenstein for consulting and lobbying services.  (RESOLUTION NO. 2008-40) (City Manager)

            MOTION:         Gerber/Sarbone – To adopt Resolution No. 2008-40.

Commissioner Gerber commented that Mr. Greenstein knows the Legislature in Tallahassee very well and also knows the City very well.  Mayor Tooley suggested that at some point the City would need to obtain a Republican lobbyist since it is a majority Republican legislature.  Mr. Stuart asked where the funding would be procured from, and Mr. Rivera advised that the funds would be from the special fund for lobbyist groups.

                                    Upon roll call, the motion was passed on a 4-0 vote.

   32.    MOTION TO ADOPT an ordinance authorizing the Mayor to execute a lease agreement with T-Mobile South, LLC, for space to construct a communications tower and related equipment on City property. (ORDINANCE NO. 2008-019 – FIRST READING)  City Manager

      Ordinance No. 2008-019 was read by title by Mr. Stuart.

      MOTION:         Gerber/Freund – To adopt Ordinance No. 2008-019.

Mr. Rivera said that he had distributed a map pertaining to this item, which shows the location of a new tower to be located in the Winston Park Nature Center. It is a stealth tower that resembles a Pine tree and it will be the first one in that area.

                              Upon roll call, the motion was passed on a 4-0 vote.

33.    ADJOURNMENT

The meeting was adjourned at 8:10 p.m.

Barbara S. Price, MMC

City Clerk