PARKLAND CITY COMMISSION MEETING 7:00 P.M.

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1 MINUTES PARKLAND CITY COMMISSION MEETING 7:00 P.M. I CALL TO ORDER 7:00 p.m. PLEDGE OF ALLEGIANCE invited players and volunteers of the Soccer Buddies program to lead the Pledge of Allegiance. ROLL CALL Present: Commissioner Tracey McGilvray Commissioner Mark Weissman Commissioner Jay D. Smith Absent due to illness Vice Mayor Jared E. Moskowitz Mayor Michael Udine Also Present: Mark Lauzier, City Manager Caryn Gardner-Young, Assistant City Manager Andrew Maurodis, City Attorney Roberta Moore, Planning Director Scott Davidoff, Leisure Services Director Jim Berkman, Public Services Director Brian Archer, Environmental Resources Director Dave Carry, BSO Chief Don Haupt, Fire Chief Sandra Couzzo, City Clerk II APPROVAL OF MINUTES November 1, 2006: Regular City Commission Meeting Minutes MOTION made by Commissioner McGilvray to approve the November 1, 2006, Regular City Commission Meeting Minutes. Seconded by Vice Mayor Moskowitz.

2 PAGE 2 November 15, 2006: Special City Commission Meeting Minutes MOTION made by Commissioner Weissman to approve the November 15, 2006, Special City Commission Meeting Minutes. Seconded by Commissioner McGilvray. November 15, 2006: Regular City Commission Meeting Minutes MOTION made by Vice Mayor Moskowitz to approve the November 15, 2006, Regular City Commission Meeting Minutes. Seconded by Commissioner McGilvray. III PUBLIC INPUT Jeb Niewood, 7577 N.W. 70 th Way, thanked the Commission for inviting the Soccer Buddies players and volunteers to lead the Pledge. He asked their moral support in helping to export the buddy program to all other sports programs in the City. He spoke regarding the involvement and commitment of adults and teens, and the program s benefit to all participants. Randy Correll, 5977 N.W. 73 rd Court in District 4, again commented regarding deception, VIPs, and Commissioner Weissman s residency. He stated that he will not go away and will continue to attend the meetings. clarified that the VIP party mentioned by Mr. Correll is the yearly party for Very Important Parklanders held to thank City volunteers, which will be held on February 3 rd. Brian Powell, 304 N.E. 1 st Street, Pompano Beach, and representing the Coral Springs Firefighters, wished the Commission happy holidays. Barry Cohen, 6562 N.W. 103 rd Terrace, spoke regarding the use of the fields at Pine Trails Park during unscheduled times. He believed the rules should be adjusted to allow children open play. There were no further comments or questions, and the Mayor closed to the public. IV COMMENTS BY MAYOR AND COMMISSION Comments made by Commissioner McGilvray: Hoped that the City Manager would address the parks issue. Had received letters of complaint from two separate business owners at the Riverstone Shoppes. She believed that the sign ordinance should again be examined because the

3 PAGE 3 signs were not properly aligned over the shops. She passed photographs to the Commissioners. Proposed making campaign reports available on the City s website during elections, and she asked Commission agreement that the City Attorney draft a resolution for inclusion on a January agenda. Wished every a happy holiday. Comments made by Commissioner Weissman: Updated the Commission concerning the Pinetree Water Control District issues regarding Winner s Circle and Country Acres. Asked the City Attorney to draft a Resolution to the County Commission concerning installation of a sidewalk along Lox Road from State Road 7 to Parkside Drive. He met with Commissioner Lieberman, and he had previously spoken with Commissioner Ritter, and they promised to work jointly on the issue. There was Commission consensus. Along with the Mayor, he had attended Congressman Wexler s roundtable meeting. An interesting comment had been the hope that the new Congress would not pass the burden of taxation down to the local level or impose unfunded mandates. Comments made by Vice Mayor Moskowitz: Wanted the equestrian community aware that a national show in Wellington had been canceled due to a very contagious flu outbreak. He urged horse owners to obtain more information from the Palm Beach Post. An blast had been sent, and he asked that an alert be included on the City s website. Stated he would draft a letter to the mayor of Las Vegas objecting to their proposed relocation of the homeless to an abandoned jail facility. Wished everyone happy holidays. Comments made by : Attended the Broward County Legislative Delegation meeting with Broward County to assure priority to the annexation of unincorporated lands surrounding the City. It had been well received. Also attended Coral Springs legislative advocacy meeting that same evening. He believed their legislative plan was informative and well thought out and, while there was one significant difference of opinion, there were many issues of similarity. Coconut Creek City Manager John Kelly will speak at the Commission s next workshop about his city s master plan and their Indian gaming. Latest developments included the Seminole purchase of the Hard Rock Hotel and Casino chain, and he noted the plan for a hotel in Coconut Creek. The Seminoles have applied to the Federal government for the surrounding 45 acres to be placed in trust, which would have significant tax implications with regard to Broward County and the School Board. He believed it would be an important issue and that the City should be adequately protected. Received a package from a group representing the business community that he had forwarded to the Education Advisory Board. He noted that certain sales taxes could be

4 PAGE 4 devoted to providing technology at schools. Resolutions of support have been adopted by the Broward County Commission and the School Board, and he hoped for the EAB s recommendation so that the City could do the same. Sat as alternate at the MPO. The TIP plan passed, and partial funding for the sidewalk on the north side of Holmberg Road was included. The extension of University Drive is still #7 on the unfunded list. The Broward League of Cities has started leadership classes for elected officials. He attended the first one on Robert s Rules and Ethics, and the next would be held on technology. He encouraged the Commissioners to attend. Complimented staff on the implementation of e-better Place. He suggested that residents be asked their feedback on the system from a sampling of the inquiries received. Complimented Brian Archer on the Arbor Day Event, and hoped that other City buildings might be Wildlife Habitat certified. Extended his wishes for the holidays. Vice Mayor Moskowitz asked for a status report at the end of January on recycling, as discussed in the Environmental Work Plan at the last meeting. V PROCLAMATIONS AND SPECIAL RECOGNITIONS NONE VI APPROVAL OF AGENDA asked that the Wedge item be heard at a time certain of 9:00 p.m. City Manager Mark Lauzier noted that the City Attorney had a minor change to the Consent Agenda item, and he asked that it be addressed during the Regular Agenda. MOTION made by Vice Mayor Moskowitz to approve the agenda, moving Resolution No to the Regular Agenda and the Wedge item at the time certain of 9:00 p.m. Seconded by Commissioner Weissman. 1. RESOLUTION NO : SOLID WASTE ASSESSMENT PROGRAM COMMENTS: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, REQUESTING THAT THE BROWARD COUNTY REVENUE COLLECTOR AND BROWARD COUNTY PROPERTY APPRAISER AGREE TO THE ALTERNATE MARCH 1 ST DEADLINE UNDER FLORIDA STATUTE (3)(a) FOR

5 PAGE 5 ADOPTION OF THE RESOLUTION OF INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS FOR SOLID WASTE AND RECYCLING SERVICES; PROVIDING FOR THE MAILING OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. City Manager Mark Lauzier read the title of Resolution No He noted that, in the fourth Whereas clause, the word preliminary should be inserted before draft copy so that it is clearly understood that the Resolution could be modified in the future. The City was considering a non-ad valorem solid waste assessment rather than direct billing by Waste Management. He briefly reviewed the advantages to the City, Waste Management, and to the residents, and his discussions with County agencies. Mr. Lauzier recommended approval. provided brief explanation for the benefit of the public present. MOTION made by Commissioner Weissman to approve Resolution No , Solid Waste Assessment Program, as amended. Seconded by Commissioner McGilvray. Commissioner McGilvray Commissioner Weissman Commissioner Smith Vice Mayor Moskowitz Absent REGULAR AGENDA 1. RESOLUTION NO : AMENDING THE C.I.P. COMMENTS: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, AUTHORIZING THE FIRST AMENDMENT TO THE FISCAL YEAR CAPITAL IMPROVEMENT PLAN TO ESTABLISH A NEW PROJECT ENTITLED UNIVERSITY DRIVE/HOLMBERG ROAD INTERSECTION BEAUTIFICATION ; AUTHORIZING THE CITY MANAGER, CITY ATTORNEY AND CITY CLERK TO TAKE THE STEPS NECESSARY TO IMPLEMENT THE INTENT OF THE PROJECT; AND AUTHORIZING THE REQUIRED BUDGET ADJUSTMENTS TO IMPLEMENT THE PROJECT.

6 PAGE 6 City Manager Mark Lauzier read the title of Resolution No He explained that, with installation of the traffic signal, there had been issues related to control of the project. WCI had agreed to pay the funds to the City; the City would manage the project, but the project budget and appropriation must be established. He also noted that the Letter of Understanding with WCI needed some tightening up and the easement agreements with the homeowners associations were being pursued by the City Attorney. Environmental Resources Director Brian Archer showed slides of the four corners and spoke regarding modification of the wall at the City Hall corner. Commissioner McGilvray was in favor of the City s control. She hoped that the Commission would be shown the full and detailed plans for the project before they are moved forward, as she questioned that final approval had been given. There was indication of the Commission s desire that the final plan be brought back to them. Commissioner Weissman indicated his understanding that the project had not been bid and that WCI wished to issue their check before year end. The Commissioner expressed concern that WCI would be left off the hook with their check issuance. John Carter, Vice President of Development - Florida East Coast of WCI, noted the history of the cost and obligation of the project, totaling $369,500, as well as the 10 percent contingency which he and the City Manager had agreed would apply. They had undertaken the design process with the end in mind and within budgetary constraints, and they had committed to work with the City throughout the process. He assured Commissioner Weissman that their internal estimates had totaled $340,000. Commissioner Weissman admitted that his greatest concern was subsection (3) of the letter received December 18 th which ends with, WCI shall have no further duties and obligations thereunder. The Commissioner wanted it clear that WCI would fully fund the project as currently planned. Mr. Carter assured that this was their commitment and they were confident that the design in place would fit within the budget constraint. Commissioner Weissman indicated that he would motion to amend the Resolution, and he hoped for a second and the sufficient votes to ensure that WCI would fully fund the project even with acceptance of their check. Mr. Lauzier noted that the City Attorney had reviewed the letter contained as back-up and anticipated that language to satisfy both sides would be included. Vice Mayor Moskowitz agreed with Commissioner McGilvray and the desire to review final plans. He understood Commissioner Weissman s comments, but he was not as concerned since WCI must work with the City for years to come. He asked staff responsibility for the project.

7 PAGE 7 Mr. Lauzier noted this was primarily a landscaping project. Capital Projects Manager Horatio Danovich, who would join the City in January, and Environmental Resources Director Brian Archer would co-manage the project, and Public Services Director Jim Berkman would be ultimately responsible. Vice Mayor Moskowitz inquired about homeowners association approvals. City Attorney Andrew Maurodis indicated that all were going well with the City, and he anticipated no problems. spoke regarding duty and obligations language, and he agreed that the existing plans should be at least guaranteed. MOTION made by Commissioner Weissman to approve Resolution No , Amending the C.I.P., incorporating all of his, Mr. Carter s, and the Mayor s comments in the agreement. Seconded by Vice Mayor Moskowitz. Commissioner McGilvray Commissioner Weissman Commissioner Smith Vice Mayor Moskowitz Absent Mr. Lauzier indicated that WCI was making the amendments to the plan. As he wished to bring the final plan to the Commission at the January 3 rd meeting, he asked WCI s commitment that the plan would be submitted with sufficient time for staff review. Mr. Carter anticipated that the revised plans would be available in the next week. 2. RESOLUTION NO : CODE ENFORCEMENT RFP BID AWARD COMMENTS: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, TO AUTHORIZE THE APPROPRIATE CITY OFFICIALS TO NEGOTIATE A CONTRACT OR CONTRACT AMENDMENT FOR CODE ENFORCEMENT SERVICES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. City Manager Mark Lauzier read the title of Resolution No He stated that the City had advertised for Code Enforcement per the Commission direction, and two bids had been received. Staff recommended that the City Attorney be authorized to amend the BSO agreement

8 PAGE 8 to provide one full-time and one part-time code enforcement officers, as outlined in the proposal response. Daily code enforcement activities, including weekends, would be covered. gave a brief background. Commissioner Weissman asked confirmation that, should BSO be chosen, the bid would be incorporated into the existing contract and be subject to the annual increase cap. Mr. Lauzier indicated that would be his assumption, and Mr. Maurodis agreed that a condition could be that it would be governed by all of the same regulations. The Mayor noted that BSO Chief Dave Carry had nodded in agreement. Vice Mayor Moskowitz asked regarding the staff individual who would be kept abreast of the code enforcement activities. Mr. Lauzier stated that the liaison would be Brian Archer, who would work with the Chief of Police. The Vice Mayor hoped that someone would communicate with the Commission concerning the activities, and he wanted to assure that the City would still have input into the process. Commissioner McGilvray felt it important to have enforcement at all hours. She also wanted assurance that preparation and testimony given at the Special Master hearings would be done at no additional charge to the City. Chief Carry commented if the officers worked more than 40 hours per week it would obviously be overtime, but they would definitely attend the hearings. noted that the agreement indicated that the code enforcement officer would attend homeowners association meetings, and he hoped that Chief Carry would continue to attend them. The Chief agreed that the code enforcement officer s attendance was part of the process and assured that he would still attend. noted that BSO was approximately $30,000 cheaper than the other bidder. MOTION made by Vice Mayor Moskowitz to approve Resolution No , Code Enforcement RFP Bid Award, awarding Code Enforcement Services to the Broward County Sheriff s Office. Seconded by Commissioner Weissman. Commissioner McGilvray Commissioner Weissman Commissioner Smith Vice Mayor Moskowitz Absent thanked both representatives for their proposals.

9 PAGE 9 3. ORDINANCE NO : AMENDING THE POLICE PENSION PLAN PER D.O.R. REQUIREMENT COMMENTS: FIRST READING OF AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, AMENDING THE POLICE PENSION PLAN AND TRUST FUND AS REQUESTED BY THE STATE OF FLORIDA DIVISION OF RETIREMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. City Manager Mark Lauzier read the first reading of Ordinance No He offered that the plan administrator, as well as the consulting pension attorney, had reviewed the Ordinance. In order for the City s plan to legally comply with State statutes, the City must amend its Ordinance to provide for certain provisions to make it consistent. A companion Ordinance would be discussed later. Mr. Lauzier recommended approval of this item. City Attorney Andrew Maurodis offered that the City was following a requirement in order for the City to get the insurance tax funds. Its approval was strongly recommended. opened to the public. There were no comments or questions, and the Mayor closed to the public. MOTION made by Commissioner Weissman to approve the first reading of Ordinance No , Amending the Police Pension Plan for D.O.R. Requirement. Seconded by Commissioner McGilvray. Commissioner McGilvray Commissioner Weissman Commissioner Smith Vice Mayor Moskowitz Absent 4. ORDINANCE NO : AMENDING PENSION PLAN TO PROVIDE BENEFIT ENHANCEMENTS COMMENTS: FIRST READING OF AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, AMENDING THE CITY CODE BY AMENDING CHAPTER 2 ADMINISTRATION, ARTICLE X PENSIONS, DIVISION 2 THE POLICE

10 PAGE 10 PENSION PLAN AND TRUST FUND BY AMENDING SECTION TO PROVIDE FOR NORMAL RETIREMENT UPON THE COMPLETION OF TWENTY (20) YEARS OF CREDITED SERVICE, TO INCREASE THE BENEFIT FORMULA MULTIPLIER TO 3% AND TO PROVIDE AN ANNUAL 2% COST-OF-LIVING ADJUSTMENT FOR RETIREES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. City Manager Mark Lauzier read the first reading of Ordinance No He explained that he did not recommend approval of this as it did not include the necessary protections related to the City and the City/BSO obligation to fund benefits enhancements given that funds were not available to fully fund this on a recurring basis. He referred to his memo of October 18 th. While he felt that everything asked for was just and deserving, he recommended that the Ordinance be tabled until specific answers to his questions could be obtained. noted that Commissioners Smith and McGilvray had been serving on the Police Pension Board, and he asked Commissioner McGilvray s comments. Commissioner McGilvray stated that she had not been present at the last meeting when the discussion had taken place. She recalled the initial meeting about it, however, and she agreed with the City Manager about tabling the matter until guarantees, if possible, were obtained. She stated that she would be willing to vote affirmatively with assurance of the known funds. Mr. Lauzier commented regarding a recommendation from one Board member that the Board look for improvements that would cost no more than the amount identified as recurring by converting approximately $195,000 into a recurring revenue stream of $26,000 and to spend no more than that amount -- and he agreed with that recommendation. Should the Commission wish to go in a different direction, he recommended tabling the item. Police Pension Board Chairman Fred Ferrara stated that this issue had existed since In 1996, the City received the first tax money, approximately $18,000; in 2004, the City received over $88,000; in 2006, the City received $106,000 for He believed it showed that, incrementally, the City was growing and, as long as there is growth, the funds will not decrease and the policies would continue to be enhanced by the nature of the economy. He spoke of his experience as a member of the Coral Springs Pension Board; to his knowledge, there had never been a reduction. He assured that the City would not incur any expense for the plan and that the Pension Board could revisit the issues at any time. He asked the Commission for their approval. Mr. Lauzier commented that he and Sergeant Ferrara agree there is a recurring revenue stream and that it will grow. They disagree whether or not this Ordinance protects the City and that there is enough actuarial funding to provide for the benefit on a recurring basis into the future. After providing further explanation, he expressed his concern about the Division of Retirement determination of future funds. He noted that the Pension Board member having concern is an

11 PAGE 11 actuary. Mr. Lauzier reiterated his advice to table and, in the interim, figure out a way to get the guarantee. Commissioner McGilvray suggested that this be included in the Ordinance so that the benefit may start immediately. Pension Administrator Gina Orlando stated that she had briefly discussed the memo with the pension attorney and a possible avenue was that the Commission could approve the Ordinance on first reading. The Board would then have a special meeting to state on the record that, in the event funding was reduced, with a resulting liability to the City or BSO, the benefit would not be applied. She indicated this could not be placed directly into the Ordinance as it would not be accepted by the Division of Retirement. They would, however, accept a letter from the Pension Board and the City indicating their agreement with the Ordinance with the understanding that, should the funding go down, the benefit would not be applied. City Attorney Andrew Maurodis stated that he did not have an issue with the Commission approving the Ordinance on first reading. He would prefer, if there were a way to do so, a statement from the Board in the Ordinance, but agreed that some provision language might be inserted for second reading. Vice Mayor Moskowitz believed the Ordinance should be passed on first reading, and the fix could be secured and included in the Ordinance before second reading. He commented that this had dragged on for quite some time. At the Mayor s request, Sergeant Ferrara provided explanation as to why the process had been delayed. He noted that BSO would not have any part in this. questioned a letter from Mr. Klausner and comments made by Mr. Merlob. With considerable explanation, Mr. Lauzier offered that the issues of most concern to him were the granting of a benefit without a recurring revenue stream and the actuarial impact on employer contributions to the plan. Discussion ensued. Vice Mayor Moskowitz argued that, since everyone seemed in favor of the Ordinance, it should be passed on first reading and tabled indefinitely, until a guarantee letter is received. He believed this act would have zero liability and show the City s good faith. stated that, while he favored the enhancement for the participants, he would be unwilling to vote for this until the City was relieved of liability. Mr. Lauzier commented that, with the Commission s concurrence and absent the guarantee, he would feel more comfortable with the review of an attorney that specialized in dealing with the Department of Revenue lawsuits on these issues.

12 PAGE 12 passed the gavel to the Vice Mayor. MOTION made by to table Ordinance No , Amending Pension Plan to Provide Benefit Enhancements, to the January 17 th meeting. Seconded by Commissioner Weissman. Commissioner McGilvray Commissioner Weissman Commissioner Smith Vice Mayor Moskowitz No Absent MOTION passed on a 3-1 vote. Vice Mayor Moskowitz asked assurance from the City Manager that the information would be provided in time for the January 17 th meeting. The Vice Mayor returned the gavel to. 5. ORDINANCE NO : REZONING OF 38 ACRE PARK (Quasi Judicial) COMMENTS: SECOND READING OF AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, REZONING APPROXIMATELY 38 ACRES FOR THE PARCEL KNOWN AS 38 ACRE PARK, CASE NO. 03-Z-06, FROM AGRICULTURAL ESTATE DISTRICT (AE-1) (28.75 ACRES) AND LOW-DENSITY SINGLE-FAMILY RESIDENTIAL DISTRICT (RE-2) (9.25 ACRES) TO RECREATION/OPEN SPACE DISTRICT (OS); CONTAINING A SEVERABILITY CLAUSE; AND CONTAINING AN EFFECTIVE DATE. (first reading 12/6/06) City Manager Mark Lauzier read the second reading of Ordinance No Planning Director Roberta Moore made a brief presentation. The area is currently utilized as a preserve and the City has no plans to construct any buildings. She recalled that the City had been contacted by an attorney representing the concerns of Grand Cypress residents at first reading, and staff had responded to that letter that the City planned to maintain the area as a preserve.

13 PAGE 13 opened to the public. There were no comments or questions, and the Mayor closed to the public. MOTION made by Commissioner McGilvray to approve the second reading of Ordinance No , Rezoning of 38 Acre Park. Seconded by Commissioner Weissman. Commissioner McGilvray Commissioner Weissman Commissioner Smith Absent Vice Mayor Moskowitz * *Out of the room. 6. ORDINANCE NO : REZONING OF 3.7 ACRES MARGATE-BLOUNT (Quasi Judicial) COMMENTS: SECOND READING OF AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, REZONING APPROXIMATELY 3.7 ACRES FOR THE PARCEL KNOWN AS MARGATE-BLOUNT, CASE NO. 04-Z-06, FROM AGRICULTURAL DISTRICT (A-1) TO RECREATION/OPEN SPACE DISTRICT (OS); CONTAINING A SEVERABILITY CLAUSE; AND CONTAINING AN EFFECTIVE DATE. (first reading 11/15/06) City Manager Mark Lauzier read the second reading of Ordinance No opened to the public. There were no comments or questions, and the Mayor closed to the public. MOTION made by Commissioner Weissman to approve the second reading of Ordinance No , Rezoning of 3.7 Acres - Margate-Blount. Seconded by Commissioner McGilvray. Commissioner McGilvray Commissioner Weissman Commissioner Smith Absent Vice Mayor Moskowitz *

14 PAGE 14 *Out of the room. 7. ORDINANCE NO : REZONING OF 6.08 ACRES PARKSIDE TRAILSHEAD (Quasi Judicial) COMMENTS: SECOND READING OF AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, REZONING APPROXIMATELY 6.08 ACRES FOR THE PARCEL KNOWN AS PARKSIDE TRAILSHEAD, CASE NO. 05-Z-06, FROM NEIGHBORHOOD BUSINESS DISTRICT (B-1) TO RECREATION/OPEN SPACE DISTRICT (OS); CONTAINING A SEVERABILITY CLAUSE; AND CONTAINING AN EFFECTIVE DATE. (first reading 11/15/06) City Manager Mark Lauzier read the second reading of Ordinance No opened to the public. There were no comments or questions, and the Mayor closed to the public. MOTION made by Commissioner Weissman to approve the second reading of Ordinance No , Rezoning of 6.08 Acres Parkside Trailshead. Seconded by Commissioner McGilvray. Commissioner McGilvray Commissioner Weissman Commissioner Smith Absent Vice Mayor Moskowitz * *Out of the room. 8. ORDINANCE NO : REZONING OF 3.4 ACRES TERNBRIDGE PRESERVE (Quasi Judicial)

15 PAGE 15 COMMENTS: SECOND READING OF AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, REZONING APPROXIMATELY 3.4 ACRES FOR THE PARCEL KNOWN AS TERNBRIDGE PRESERVE, CASE NO. 06-Z-06, FROM PLANNED UNIT DEVELOPMENT DISTRICT (PUD) TO RECREATION/OPEN SPACE DISTRICT (OS); CONTAINING A SEVERABILITY CLAUSE; AND CONTAINING AN EFFECTIVE DATE. (first reading 11/15/06) City Manager Mark Lauzier read the second reading of Ordinance No Planning Director Roberta Moore offered that staff had received a phone call regarding this particular petition in that some residents were concerned about the rezoning to Recreation/Open Space and, specifically, that the City would permit construction on the site. She noted that the site was, per the plat, restricted as a preserve and staff had indicated this to the residents. opened to the public. There were no comments or questions, and the Mayor closed to the public. MOTION made by Commissioner McGilvray to approve the second reading of Ordinance No , Rezoning of 3.4 Acres Ternbridge Preserve. Seconded by Commissioner Weissman. Commissioner McGilvray Commissioner Weissman Commissioner Smith Vice Mayor Moskowitz Absent 9. ORDINANCE NO : REZONING OF 9 ACRES TERRAMAR PRESERVE (Quasi Judicial) COMMENTS: SECOND READING OF AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, REZONING APPROXIMATELY 9 ACRES FOR THE PARCEL KNOWN AS TERRAMAR PRESERVE, CASE NO. 07-Z-06, FROM COMMUNITY FACILITY DISTRICT (CF) TO RECREATION/OPEN SPACE DISTRICT (OS); CONTAINING A

16 PAGE 16 SEVERABILITY CLAUSE; AND CONTAINING AN EFFECTIVE DATE. (first reading 11/15/06) City Manager Mark Lauzier read the second reading of Ordinance No Planning Director Roberta Moore commented that she had also received a phone call about this site with the same concern as the previous item. The same explanation had been given. opened to the public. There were no comments or questions, and the Mayor closed to the public. MOTION made by Commissioner Weissman to approve the second reading of Ordinance No , Rezoning of 9 Acres Terramar Preserve. Seconded by Commissioner McGilvray. Commissioner McGilvray Commissioner Weissman Commissioner Smith Vice Mayor Moskowitz Absent Since it was not yet 9:00 p.m., asked that the reports of the City Manager and City Attorney first be given. VII COMMENTS BY THE CITY MANAGER City Manager Mark Lauzier noted that he had placed a schedule of upcoming meetings and their anticipated items on the dais. The site plan for the intersection enhancements project would be included on the January 3 rd agenda. Mr. Lauzier promised that he would provide a detailed to the Commission on his recommended handling on the topics of the workshop. As an example, the Public Services Director had provided a detailed memo as to the status of hurricane preparedness, and the City would soon go out to bid on monitoring and debris removal. Unless the Commission had further questions, he believed it unnecessary to workshop these issues. Mr. Lauzier offered that staff had done follow-up on the Grand Cypress letter, and he would provide the Commission a copy of the response sent to the attorney. He reiterated that the City did not have plans for trails or other similar improvements on the nine acres. As to the hanging signs issue, Mr. Lauzier promised that the Commission would be updated. Assistant City Manager Caryn Gardner-Young offered that the tenants must first communicate

17 PAGE 17 with the property owner, who must agree with the changes. Staff would then discuss what their options might be, such as a master plan amendment or variance request. Discussion ensued. Regarding the recycling bins, Mr. Lauzier indicated that clearly marked dual bins for trash and recyclables are on order for the parks. Vice Mayor Moskowitz hoped that recycling bins would be placed near all trash cans. Additionally, he asked that, following the New Year but within 30 days, the Commission be provided a report about all the environmental subjects discussed at the previous meeting. Mr. Lauzier promised to provide an update regarding the trucks, Cool Cities, and other initiatives. commented that the City would soon receive more information from the League of Cities about environmentally-sound building construction. VIII COMMENTS BY THE CITY ATTORNEY None. A short recess was taken by the Commission at 8:45 p.m. 10. RESOLUTION NO : FORMALLY SUPPORTING ANNEXATION OF THE WEDGE PARCEL COMMENTS: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, SUPPORTING THE ANNEXATION OF 1,949 ACRES OF LAND LOCATED WITHIN UNINCORPORATED PALM BEACH COUNTY INTO BROWARD COUNTY; SUPPORTING THE ANNEXATION OF 1,450 OF THESE ACRES INTO THE CORPORATE LIMITS OF THE CITY OF PARKLAND; AND SUPPORTING MODIFICATIONS TO THE PALM BEACH COUNTY THOROUGHFARE IDENTIFICATION MAP. City Manager Mark Lauzier read the title of Resolution No He noted that the Resolution had been placed on the dais. He commented that the plan had been that the City would first gain the support of its partners to the north before taking any affirmative action, and he recalled his suggestion that the City may wish to consider delaying action. He acknowledged issues and risks related to the City s position and its opportunities for leverage, and noted that the City Attorney had been in contact with attorneys representing the landowners. He believed this Resolution reflected the result of lengthy discussions. explained that he had asked this Resolution be agendized. He reviewed that he, staff, and legal representatives had been meeting over the past months, and he believed it

18 PAGE 18 important that the Commission be brought up-to-date on the issues. Per Will McKinley, the City s lobbyist, Parkland must push the issue, and it must be brought through Tallahassee as the City s bill. The Mayor recalled that, for the past three years, the City s strategic planning sessions have included discussions about getting the corporate boundaries in order and that this subject has been the number one priority of the last few Commissions. He noted a failure in progress with Hendrix. recalled that, at a Commission workshop some months ago, the Commission supported the Palm Beach land use designation of up to two units per acre; the developer has been informed of this support. The Mayor indicated that he and the City Manager had met with a representative of a landowner, who explained how fragile the coalition was on the other side. There would be some recovery of costs and assured the City would not be out-of-pocket. He believed the question now was whether the City supported the land coming into the City and Broward County, and he indicated his support. Mr. McKinley believed it important that Palm Beach County show their support, and he was confident that, with the support of the Palm Beach County Commission, there would be support from the Palm Beach delegation. The Broward County Commission had placed this in their legislative priority package. The Mayor hoped that Palm Beach would express their support in a certain timeframe. He offered that he had yet to see any opposition to the Wedge annexation into Parkland, but he acknowledged that there may be other issues that could come into play. City Attorney Andrew Maurodis complimented the Mayor on his summary of the situation, and he agreed that it was a monumental undertaking. It would have been the City s preference to first have Palm Beach County s support through a formal Resolution, and he acknowledged there were nuances that must be worked through. He believed the Mayor was suggesting that the City step out and be bold making the first move. Commissioner Weissman stated that his biggest concern was the Whereas clause with regards to the land use, LR2. He was concerned that, with passage of the Resolution, the City would be granting something and receiving nothing in return. He asked the City Attorney s comment. Mr. Maurodis confirmed there was no quid pro quo. He and Mr. Stacker had tried to convey that the City was on board with the land use: that the LR2 category was compatible with the categories in the City, which is an objective, observable fact. He acknowledged that the language of Section 5 had caused the owners some indigestion, but they had been very cooperative. commented that the Commission could choose not to step out, but he believed it would cause significant hurdles and roadblocks. Commissioner Weissman also asked that up to be added to the Whereas clause. Vice Mayor Moskowitz stated that he was as optimistic as the Mayor, but he believed that at some point the other issues would be raised. He was in favor of stepping forward as long as the

19 PAGE 19 City Attorney felt comfortable; he did not wish additional obstacles created. He questioned why, however, the landowners appeared to want the City to take the lead. Ed Stacker of Akerman Senterfitt indicated his representation of Triple H Ranch, a major property owner, and stated that he was authorized to speak collectively. He noted that the City could also rescind its Resolution should things go awry. It was felt that in this climate, with the City taking the lead, it would be best not to have independent property owners trying to explain Parkland s position to Tallahassee, but rather encouraging that same position with Parkland s lead. Mr. Stacker agreed that, to date, there had not been opposition. While he acknowledged that the Resolution may not be perfect, he believed it good enough to present to the Palm Beach County Commission so that their staff may be redirected. He felt that a government-togovernment effort may work better. He encouraged the Commission to adopt the Resolution so that it may be taken to Palm Beach County. agreed that the government-to-government view through the County Commissions and Tallahassee -- made it easier and more palatable. Mr. Stacker offered that Stephanie Toothaker from Blosser & Sayfie was present, and he noted that her firm was the landowners equivalent of Will McKinley. They firmly believe that this is the type of catalyst needed. Commissioner McGilvray stated that, while she genuinely appreciated the landowners cooperation, she did not consider the words support and encourage in Section 4 strong enough with University Drive, and she would love to have the Resolution contingent upon that occurring. commented that good points had been raised, but he believed that Commissioner McGilvray must separate the Wedge from the University Drive issue. He questioned whether the land use designation of up to two units per acre would be acceptable, no matter where the land was developed whether in Broward or Palm Beach County, and he gave different scenarios as examples. He asked whether the Commission position would change dependent upon the extension of University Drive. Commissioner McGilvray admitted her feeling that the University Drive issue became more of an issue and a possibility because of the Wedge. Mr. Maurodis agreed but, from the prospective of Palm Beach County, should the Wedge become Broward County, there would be no need for them to extend University Drive. He believed they would come together whether stronger language was included or not, and he suggested there would be other factors that may affect it. Mr. Maurodis believed that the Mayor s summary was a good one, but he believed the best chance about University would be to have the boundary change. He considered the Wedge a blessing. noted that the Section 4 position had been previously adopted several times. Mr. Maurodis commented that the owners would not care if the language were more vociferous.

20 PAGE 20 Mr. Stacker commented that his sense of what would pass in Palm Beach County should alleviate the Commission s fears about that corridor. He noted that they were committed to develop without it. Commissioner Weissman asked, assuming this Resolution is passed, their confidence level that Palm Beach County would approve this. Mr. Stacker responded that, while not much would happen in the next two weeks, a certified copy of the Resolution would be delivered to Palm Beach County. They were hopeful that, through a combination of their pre-legislative sessions and/or Commission meeting in January, they would affirmatively speak out about this. He expected that the bill would soon be finalized. suggested that the Resolution should include some timeframe. Ms. Toothaker stated that they would work very hard to get Palm Beach County to respond in kind. There were many people diligently working on this. It was hoped that, with this Commission s action via its Resolution, they would soon come back with something from Palm Beach County, as well as from the South Florida Water Management District. Mr. Stacker stated that his preference would be to not place some definitive sunset provision in the Resolution, and Mr. Maurodis stated he agreed. suggested that something must be heard by March. summarized that the words up to would be added to the Resolution, and Mr. Maurodis indicated he would do so. MOTION made by Commissioner Weissman to approved Resolution No , Formally Supporting Annexation of the Wedge Parcel, as amended. Seconded by Vice Mayor Moskowitz. Commissioner McGilvray Commissioner Weissman Commissioner Smith Vice Mayor Moskowitz Absent IX ADJOURNMENT MOTION made by Vice Mayor Moskowitz to adjourn the meeting at 9:23 p.m. Seconded by Commissioner McGilvray.

21 PAGE 21 ATTEST: SANDRA COUZZO, C.M.C. City Clerk sm