July 10, 2012 Agenda with Backup.pdf - Wilton Manors

A G E N D A 

WELCOME TO YOUR CITY COMMISSION MEETING 

YOUR INPUT IS ENCOURAGED DURING “COMMENTS FROM THE PUBLIC” AND DURING 

ANY SCHEDULED PUBLIC HEARING 

REGULAR CITY COMMISSION MEETING 

TUESDAY, July 10, 2012 at 7:00 p.m. 

COMMISSION CHAMBERS 

1. CALL TO ORDER 

a. Father John Joseph Reid, Divine Mercy Shrine 

b. Pledge of Allegiance 

2. ROLL CALL 

3. INTRODUCTION OF GUESTS- Vice Mayor Green 

4. PROCLAMATIONS 

5. PRESENTATIONS 

6. COMMENTS FROM THE PUBLIC 

Any member of the Public may speak on any issue for three (3) minutes. 

7. CONSENT AGENDA 

Items listed under Consent Agenda, Item 7, are viewed to be routine, and the recommendation 

will be enacted by ONE MOTION in the form listed below. If discussion is desired, then the 

item(s) will be removed from the Consent Agenda and will be considered separately. 

a. Minutes 

Minutes from the Regular City Commission Meeting of June 12, 2012 

b. Invoices 

1. Goren, Cherof, Doody & Ezrol, P.A. 

a. Acct No. 2976-0200190R/Stmt No. 318 06/27/12 $ 10.00 

b. Acct No. 2976-1104390R/Stmt No. 8 07/03/12 $ 1017.03

c. Acct No. 2976-0200190R/Stmt No. 319 07/03/12 $ 556.40 

d. Acct No. 2976-0303010R/Stmt No. 13 07/03/12 $ 111.00 

e. Acct No. 2976-1106260R/Stmt No. 2 07/03/12 $ 55.50 

f. Acct No. 2976-1107810R/Stmt No. 4 07/03/12 $ 370.00 

g. Acct No. 2976-1201870R/Stmt No. 3 07/03/12 $ 943.50 

h. Acct No. 2976-1201880R/Stmt No.4 07/03/12 $ 166.50 

i. Acct No. 2976-9902046R/Stmt No. 1 07/03/12 $ 465.50 

j. Acct No. 2976-9201291R/Stmt No. 1 07/03/12 $ 8948.10 

k. Acct No. 2976-1104410R/Stmt No. 4 07/03/12 $ 536.00 

l. Acct No. 2976-9902043R/Stmt No. 3 07/03/12 $ 2534.50 

m. Acct No. 2976-1005090R/Stmt No. 5 07/03/12 $ 1728.60 

n. Acct No. 2976-9902041R/Stmt No. 3 07/03/12 $ 277.50 

o. Acct No. 2976-1107660R/Stmt No. 2 07/03/12 $ 111.00 

p. Acct No. 2976-1104400R/Stmt No. 3 07/03/12 $ 206.05 

q. Acct No. 2976-0207430R/Stmt No. 34 07/03/12 $ 296.00 

r. Acct No. 2976-9405721R/Stmt No. 14 07/03/12 $ 518.00 

s. Acct No. 2976-1107550R/Stmt No. 7 07/03/12 $ 166.50 

c. Resolutions (Consent) 

1. Resolution No. 3805: (Public Services) 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA, 

APPROVING AND AUTHORIZING THE PROPER CITY OFFICIALS OF THE CITY OF WILTON 

MANORS TO EXECUTE AN AGREEMENT WITH LAYNE INLINER, LLC TO INSTALL SEWER 

LINING ON NORTH DIXIE HIGHWAY AT WILTON DRIVE; PROVIDING FOR CONFLICTS; 

PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 

2. Resolution NO. 3807: (Police) 


AUTHORIZING THE EXPENDITURE OF $2,586.00 FROM THE LAW ENFORCEMENT FORFEITURE 

TRUST FUND #650 PURSUANT TO SECTION 932.7055, FLORIDA STATUTES, FOR A DONATION TO 

FAMILY CENTRAL, INC.; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND 

PROVIDING AN EFFECTIVE DATE.

3. Resolution No. 3808: (Public Services) 


APPROVING AND AUTHORIZING THE PROPERTY CITY OFFICIALS TO EXECUTE THE 

INTERLOCAL AGREEMENT AMONG BROWARD COUNTY AND 26 MUNICIPALITIES TO SHARE 

THE RESOURCE BURDEN OF THE SYSTEM-WIDE EPA NATIONAL POLLUTANT DISCHARGE 

ELIMINATION SYSTEM (NPDES) MUNICIPAL SEPARATE STORM SEWER SYSTEM (MSR) PERMIT 

NO. FLS000016-003, AND AUTHORIZE THE BROWARD COUNTY ENVIRONMENTAL PROTECTION 

AND GROWTH MANAGEMENT DEPARTMENT TO CONDUCT SPECIFIC TECHNICAL ACTIVITIES 

REQUIRED BY THE THIRD FIVE-YEAR PERMIT; PROVIDING FOR CONFLICTS; PROVIDING FOR 

SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE 

4. Resolution No. 3809: (Leisure Services) 



MANORS TO EXECUTE AN AGREEMENT WITH KEN DIGENOVA AND CHRIS PHILLIPS TO 

PROVIDE SQUARE DANCING PROFESSIONAL SERVICES AT HAGEN PARK AND ISLAND CITY 

PARK PRESERVE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND 

PROVIDING AN EFFECTIVE DATE. 

5. Resolution No. 3810: (Leisure Services) 



MANORS, FLORIDA TO EXECUTE A FUNDING AGREEMENT WITH BROWARD COUNTY 

PROVIDING FOR FUNDING AND ADMINISTRATION OF 36 th YEAR COMMUNITY DEVELOPMENT 

BLOCK GRANT PROGRAMS FOR ACQUISITION OF PROPERTY AND UPGRADING FOR ISLAND 

CITY PARK PRESERVE, IN THE AMOUNT OF $154,578.00; PROVIDING FOR CONFLICTS; PROVIDING 

FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 

6. Resolution No. 3811: (Leisure Services) 



MANORS TO EXECUTE AN AGREEMENT WITH MBR CONSTRUCTION, INC., FOR 

CONSTRUCTION OF A NEW NATURE TRAIL AND SMALL COURTYARD AREAS AT 

RICHARDSON HISTORIC PARK AND NATURE PRESERVE; PROVIDING FOR CONFLICTS; 

PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE 

(End of Consent Agenda) 

8. PUBLIC HEARINGS 

a. Ordinance No. 1006: (City Manager’s Office) 

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA 

CREATING SECTION 2-28 OF THE CODE OF ORDINANCES ENTITLED “VACANCY IN CANDIDACY 

FOR CITY COMMISSIONER OR MAYOR”; PROVIDING FOR CODIFICATION; PROVIDING FOR 

CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 

b. Ordinance No. 1011: (City Manager’s Office) 

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA 

APPROVING AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE FIRST 

AMENDMENT TO THE AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY LOCATED AT 

2524 N.E. 8 TH TERRACE, WILTON MANORS, FLORIDA; PROVIDING FOR CONFLICTS; PROVIDING 

FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 

9. RESOLUTIONS

a. Resolution No. 3806: (Community Development Services) 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA 

APPOINTING TWO (2) MEMBERS TO THE ECONOMIC DEVELOPMENT TASK FORCE OF THE CITY OF 

WILTON MANORS, FLORIDA; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND 


10. ORDINANCES 

11. UNFINISHED BUSINESS 

12. REPORTS FROM BOARDS AND ADMINISTRATIVE OFFICIALS 

a. City Manager’s Report 

b. City Attorney’s Report 

13. NEW BUSINESS 

14. REQUEST FOR PLACEMENT OF ITEMS ON NEXT MEETING AGENDA 

15. REPORTS FROM ELECTED OFFICIALS 

16. ADJOURNMENT 

Pursuant to FS. 286.0105, if a person decides to appeal any decision made by the Board, Agency or 

Commission with respect to any matter considered at such meeting, or hearing, he will need a record of the 

proceedings and that for such purposes he may need to ensure that a verbatim record of the proceedings is 

made, which record includes the testimony and evidence upon which the appeal is based. 

Any person requiring Auxiliary Aids and Services for the Meeting may call the ADA Coordinator at 390- 

2122 at least two working days prior to the meeting. If you are Hearing or Speech impaired, please contact 

the Florida Relay Services by using the following phone numbers: 1-800-955-8770 (Voice) 1-800-955-8771 

(tdd)

MINUTES 

REGULAR CITY COMMISSION MEETING 

TUESDAY, June 12, 2012 at 7:00 p.m. 

COMMISSION CHAMBERS 

CALL TO ORDER 

A Moment of Silence was observed for Bob Kecskemety 

Mayor Resnick led the Pledge of Allegiance 

ROLL CALL 

City Clerk Kathryn Sims called the roll. Present were Commissioner Julie Carson, Commissioner 

Ted Galatis, Commissioner Scott Newton and Vice Mayor Tom Green. Mayor Gary Resnick 

participated by phone. Also in attendance were City Manager Joseph Gallegos and City Attorney 

Kerry Ezrol. 

PROCLAMATIONS 

Mayor Resnick read a proclamation in honor of Bob Kecskemety. 

PRESENTATIONS 

Presentation of the David Dodson Employee of the Quarter Award to Code Enforcement 

Officer Robert Frymoyer by Police Chief Paul O’Connell 

Chief O’Connell presented Robert Frymoyer with the Employee of the Quarter Award. Mr. 

Frymoyer spoke on his time with the city. 

INTRODUCTION OF GUESTS 

Vice Mayor Green acknowledged Former President of the Council Diane Cline and Rainbow 

Business Coalition Chair Reece Darham 

2012 Municipal Election candidates Sal Torre, Tom Green and Julie Carson introduced themselves. 

Presentation and Update on Stonewall Summer Pride Festival by Reece Darham 

Reece Darham, 2270 Wilton Drive, Chair of Stonewall Summer Pride, reviewed the festival 

schedule. He stated that entertainers: Johnny McGovern, Mary Griffin, Andy Bell of Erasure, 

Jennifer Holiday, and more will be featured. Mr. Darham stated that the parade will be dedicated to 

Bob Kecskemety with a moment of silence to honor him. The Grand Marshall will be Bruce 

Blanche. 

Mr. Darham asked for a waiver from the noise ordinance of noise level. 

He announced that the non-profit beneficiary of the event will be SunServe. 

Mr. Darham stated that prepayments have begun, EMS has been paid in full and police will be paid 

tomorrow. He mentioned that RBC’s 501(c)6 status has been given to the City Attorney Ezrol and 

Finance Director Mays for review. 

Commissioner Carson asked for the amount of sponsorships to date, to which Mr. Darham stated

that over $100,000 in sponsorships has been raised. Vice Mayor Green asked that all guests realize 

that the event is taking place in Wilton Manors as opposed to Fort Lauderdale. 

Mr. Darham also stated that the VIP Reception will take place on Saturday night at Richardson Park 

with the movie Wizard of Oz afterwards at Hagen Park. 

COMMENTS FROM THE PUBLIC 

Betty Winslow, 801 NW 30 th Street - announced that National Night Out will be held on August 

7 th . 

Joe Robert Flores, 1409 NE 21 st Street – thanked the Commission and staff for the donation diaper 

drive during which he was able to collect 75 boxes of diapers. He stated that he looks forward to 

doing a Christmas party to stuff stockings for children with HIV/Aids 

Paul Kuta, 500 NE 28 th Street – verbatim notes attached. 

CONSENT AGENDA 

Commissioner Galatis moved to approve the consent agenda as it appears below. Commissioner 

Newton seconded the motion. 

Minutes 

Minutes from the Regular City Commission Meeting of May 8, 2012 

Invoices 

Goren, Cherof, Doody & Ezrol, P.A. 

Acct No. 2976-0200190R/Stmt No. 314 05/17/12 $ 20.00 

Acct No. 2976-9201290R/Stmt No. 275 05/25/12 $ 170.00 

Acct No. 2976-1005090R/Stmt No. 4 06/01/12 $ 666.00 

Acct No. 2976-9201290R/Stmt No. 276 06/01/12 $9042.00 








Acct No. 2976-1103680R/Stmt No. 10 06/01/12 $ 74.35 

Acct No. 2976-1007750R/Stmt No. 3 06/01/12 $ 277.50 


Acct No. 2976-0303010R/Stmt No. 12 06/01/12 $ 148.00 



Acct No. 2976-1107550R/Stmt No. 6 06/01/12 $ 407.00 

Acct No. 2976-9902043R/Stmt No. 2 06/01/12 $4384.50 


Biehn & Associates, Inc. 

Addendum #9/Billing Summary #6 04/30/12 $2825.00 

Resolutions (Consent) 

Resolution No. 3793: (Police Department)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA, AUTHORIZING 

THE EXPENDITURE OF $4,940.00 FROM THE LAW ENFORCEMENT FORFEITURE TRUST FUND #650 

PURSUANT TO SECTION 932.7055, FLORIDA STATUTES, TO PURCHASE THIRTEEN RADIOS FROM THE 

CITY OF FORT LAUDERDALE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND 


Resolution No. 3795: (Leisure Services) 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA, APPROVING 

AND AUTHORIZING THE PROPER CITY OFFICIALS OF THE CITY OF WILTON MANORS, FLORIDA TO 

EXECUTE AN AGREEMENT WITH BROWARD COUNTY PROVIDING FOR FUNDING AND ADMINISTRATION 

OF 37 th YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN THE AMOUNT OF $88,576.00, 

FOR ISLAND CITY PARK PRESERVE IMPROVEMENTS; PROVIDING FOR CONFLICTS; PROVIDING FOR 

SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 

Resolution No. 3796: (Police) 


AND AUTHORIZING THE PROPER CITY OFFICIALS OF THE CITY OF WILTON MANORS TO EXECUTE AN 

AGREEMENT WITH MARLOU, INC., D/B/A G&S PERFORMANCE AUTOMOTIVE REPAIRS TO PROVIDE 

VEHICLE FLEET MAINTENANCE SERVICES; PROVIDING FOR CONFLICTS; PROVIDING FOR 


Resolution No. 3797: (Leisure Services) 


AND AUTHORIZING THE PROPER CITY OFFICIALS OF THE CITY OF WILTON MANORS TO EXECUTE AN 

AGREEMENT WITH COUNTER SYSTEMS, INC., D/B/A CSI ENTERPRISES, INC., FOR ELECTROSTATIC 

PAINTING OF RESTROOM ROOF AT RICHARDSON HISTORIC PARK AND NATURE PRESERVE; PROVIDING 

FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 

Travel Authorization 

Motion to approve travel for Sergeant Christopher “Shawn” Chadwick to attend the Police Media 

Relations Training course in Jacksonville, Florida 

Purchase Requisitions 

Purchase Requisition for Mellgren and Associates (Community Development) 

(End of Consent Agenda) 

PUBLIC HEARINGS 

Ordinance No. 973 (Second Hearing): (Community Development) 

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA AMENDING 

ARTICLE 5 OF THE CITY’S UNIFIED LAND DEVELOPMENT REGULATIONS, ENTITLED “GENERAL 

PROVISIONS”. BY CREATING SECTION 005-120, TO BE ENTITLED “EXPEDITED PERMITTING FOR 

QUALIFIED BUSINESSES”; PROVIDING AN EXPEDITED PERMITTING PROCESS FOR CERTAIN 

QUALIFIED NEW, EXPANDING OR RELOCATING BUSINESSES; PROVIDING FOR CODIFICATION; 

PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE 

DATE. 

Vice Mayor Green moved to approve Ordinance No. 973 on second reading. Commissioner Carson 

seconded the motion. 

City Manager Gallegos gave a history of Ordinance No. 973 as it came before the Commission in 

2011. 

Mayor Resnick opened the public hearing. 

Mayor Resnick closed the public hearing. 

Community Development Director Shafran gave highlights of what the ordinance will bring to the 

city. 

Commissioner Galatis asked if not for profit organizations will be allowed to go through same

process, to which Ms. Shafran affirmed. 

Mayor Resnick thanked the Greater Fort Lauderdale Alliance (Alliance) Platinum Cities saying that he has 

seen other cities take advantage of the work of the Alliance. 

The motion prevailed by a unanimous roll call vote. 

RESOLUTIONS 

Resolution No. 3794: (City Clerk’s Office) 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA APPOINTING 

TWO (2) MEMBERS TO THE BOARD OF ADJUSTMENT OF THE CITY OF WILTON MANORS, FLORIDA; 

PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 

City Manager Gallegos explained Resolution No. 3794. 

Applicants Wade Shrack and Michael Wright spoke on their qualifications. Frank Buxton was not 

able to attend the meeting. 

The Commission voted on the applicants. 

Mayor Resnick thanked the applications for their interest. 

Commissioner Galatis moved to approve Resolution No. 3794, appointing Wade Shrack and Frank 

Buxton to the Board of Adjustment. Vice Mayor Green seconded the motion which prevailed by a 

unanimous roll call vote. 

ORDINANCES 

Ordinance No. 1006: (City Manager’s Office) (Tabled from 5-22-12 meeting) 

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA CREATING 

SECTION 2-28 OF THE CODE OF ORDINANCES ENTITLED “VACANCY IN CANDIDACY FOR CITY 

COMMISSIONER OR MAYOR”; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; 

PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 

Commissioner Carson moved to approve Ordinance No. 1006. Commissioner Newton seconded 

the motion. 

City Manager Gallegos and City Attorney Ezrol explained the revisions to the ordinance between 

tabled first readings. 

Discussion ensued amongst the Commission. 

When asked by Vice Mayor Green if it is mandatory to have such language included in the city’s 

code, City Attorney Ezrol stated that it must be according to Florida State Statute. 

Commissioner Galatis asked if seat numbers could be assigned, to which City Attorney Ezrol stated 

that he would research the issue. 


Ordinance No. 1008: (Community Development) 

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA, AMENDING 

CHAPTER 10, ARTICLE XI OF THE CODE OF ORDINANCES ENTITLED “PAIN MEDICATION LICENSING 

PROCEDURE;” SPECIFICALLY AMENDING SECTION 10-249 “PURPOSE AND DEFINITIONS;” AND 

SECTION 10-253 “MANDATORY CONDITIONS FOR PAIN MEDICATION LICENSES;” PROVIDING FOR 

CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CITY CODE; AND 

PROVIDING FOR AN EFFECTIVE DATE. 

Commissioner Newton moved to approve Ordinance No. 1008. Commissioner Carson seconded the 

motion. 

City Manager Gallegos explained Ordinance No. 1008 on first reading. 

City Attorney Ezrol stated that complaints were made on behalf of licensed pharmacies in regards 

to the aggregate amount of prescription medication that can be dispensed at one time. After 

discussions with FDLE’s drug task force and the Department of Pharmacies there is no regulation 

on an aggregate amount. City Attorney Ezrol also mentioned some cleanup items that are included 

in the ordinance. 

The motion prevailed by a unanimous roll call vote.

Ordinance No. 1009: (Community Development ) 


SECTION 2-351 OF THE WILTON MANORS CODE OF ORDINANCES TO CHANGE THE NAME OF THE 

DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES TO THE COMMUNITY AND ECONOMIC 

DEVELOPMENT DEPARTMENT; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; 

PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 

City Manager Gallegos explained Ordinance No. 1009. 

Commissioner Carson moved to approve Ordinance No. 1009 on first reading. Commissioner 

Newton seconded the motion. 

Commissioner Carson stated that during the Goals and Objectives workshop names were suggested 

by the Community Development Director that was not appealing to the Commission. She asked 

how this proposed name of “Community and Economic Development Department” will help with 

the community and neighborhoods, to which Community Development Director stated that the 

department will still cater to the neighborhoods regardless of the name of the department. 

Mayor Resnick asked is this was consistent with other cities to which Ms. Shafran stated in the 

affirmative. 

Commissioner Newton stated that he does not like the proposed name changed. 

Vice Mayor Green agreed with Commissioner Newton. 

Mayor Resnick stated the he supports what Ms. Shafran is doing with the department and would not 

mind a title change or addition for her during meetings and conferences. 

Commissioner Carson stated that she appreciates all that Ms. Shafran is doing for the city and 

knows that residents now want more attention. 

Mayor Resnick added that property values in the city have recently increased by 3% which shows 

that the city is working for the residents and that it cannot be ignored that the increase is a result of 

the overall improvement in the city. 

Commissioner Carson withdrew her motion to approve Ordinance No. 1009. The Ordinance did 

not pass due to a lack of a motion. 

Ordinance No. 1010: (Community Development) 


ARTICLE 145 OF THE UNIFIED LAND DEVELOPMENT REGULATIONS (ULDR) ENTITLED “SIGNAGE 

REGULATIONS”; PROVIDING FOR TEMPORARY RELIEF; PROVIDING FOR CONFLICTS; PROVIDING FOR 

SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 

Vice Mayor Green moved to approve Ordinance No. 1010. Commissioner Newton seconded the 

motion. 

City Manager Gallegos explained Ordinance No. 1010 and gave a brief history on the ordinance. 

Discussion ensued amongst the Commission. The ordinance will sunset on December 31, 2012 and 

can be repealed if abused. The issue of code enforcement was discussed and confirmed that the 

ordinance would be enforced. 

Commissioner Carson asked that the motion be amended to limit the signage to a commercial 

message to the business at which the sign is located, with the understanding that one cannot prohibit 

a non-commercial message. 

Vice Mayor Green amended the motion to limit the signage to a commercial message for the 

business at which the sign is located. 


Commissioner Galatis was called away from the meeting at 8:27 p.m. 

Mayor Resnick asked that the business community be notified about the ordinance and that a public 

hearing will be held at the next Commission meeting.

Moved to before Unfinished Business. 

NEW BUSINESS 

Motion to approve Resolution No. 3798, waiver of parking fees as requested by Reece Darham for 

Stonewall Summer Pride 

Resolution No. 3798 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA, TEMPORARILY 

WAIVING PARKING REGULATIONS FOR THE STONEWALL STREET FESTIVAL ON JUNE 24-25, 2012; 

PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 

Vice Mayor Green moved to approve Resolution No. 3798. Commissioner Carson seconded the 

motion. 

City Manager Gallegos explained Resolution No. 3798 along with other items for consideration 

requested by Mr. Darham. 

Reece Darham explained the proposed event parking plan creating 1600 parking spaces in addition to 

what is already available, stating that the plan will be revenue sharing between RBC, Lanier Parking 

and the city. 

Nick Melle of Lanier Parking explained the separate private parking agreement between Lanier 

Parking and RBC. 

After Commission discussion, Mayor Resnick stated that he would like to see the city receive 50% of 

the revenue from the parking plan. Mayor Resnick asked the City Manager what the city was 

expending on the event and what the city expected to receive after the event to which Mr. Gallegos 

responded that the city was spending around $8,000 and not expecting a return. 

Discussion ensued. 

The motion was amended to allow any city property to be managed by RBC and Lanier Parking at no 

cost to the city. 

The motion with amendment prevailed by a unanimous roll call vote. 

UNFINISHED BUSINESS 

Pension Board Attorney Invoice Report by Commissioner Carson 

City Manager Gallegos explained the report made by Commissioner Carson after her review of the 

Pension Board Attorney invoices and thanked her for the review. 

He asked for a motion to receive, file and forward the report to the Pension Board of Trustees for 

further consideration. 

Commissioner Carson thanked Human Resources Director Clanton and City Manager Gallegos for 

help and mentioned that this was prepared to assist, aid and better manage attorney invoices. 

Commissioner Newton moved to approve forwarding the report to the Pension Board of Trustees 

for further consideration. Vice Mayor Green seconded the motion 

Mayor Resnick thanked Commissioner Carson for the work done. 


REPORTS FROM BOARDS AND ADMINISTRATIVE OFFICIALS 

City Manager’s Report 

Nothing additional was reported. 

City Attorney’s Report 

Nothing additional was reported. 

NEW BUSINESS 

Moved to before Unfinished Business.

Motion to approve Resolution No. 3798, waiver of parking fees as requested by Reece Darham 

for Stonewall Summer Pride 

Motion to approve the proposed Requisitions for budgeted purchases at an amount not to 

exceed $179,290.50 

City manager explained the purchase requisitions. 

Commissioner Newton moved to approve the requisitions. Commissioner Carson seconded the 

motion which prevailed by a unanimous roll call vote. 

Motion to approve Emergency Repair of Sewer Main on N Dixie Highway, Just South of 5- 

Points, by Jackson Land Development, LLC 

City Manager Gallegos explained the emergency repairs needed. 

Vice Mayor Green moved to approve the emergency repair of the sewer main on North Dixie 

Highway. Commissioner Newton seconded the motion which prevailed by a unanimous roll call 

vote. 

Commissioner Newton moved to demand a repayment to the city by AT&T’s insurance carrier. 

Commissioner Carson seconded the motion which prevailed by a unanimous roll call vote. 

Mayor Resnick announced that Wal-Mart is purchasing the Kmart lot and that the City of Oakland 

Park’s Mayor Ann Sallee has indicated their willingness to work with the city to make sure all 

concerns are met. Mayor Resnick asked that the City Manager also contact City Manager Stunson 

of Oakland Park as well. He added that he would like joint approval on the project. 

City Manager Gallegos was asked to request that Broward County also keep the city informed on 

any traffic plan changes to NE 6 th Avenue. 

Mayor Resnick stated that he will be attending a Communication Services Tax Group meeting in 

Tallahassee on Tuesday, July 24 th and asked if the meeting could be moved in order for him to be 

present. The Commission took no action on the request. 

REQUEST FOR PLACEMENT OF ITEMS ON NEXT MEETING AGENDA 

Commissioner Carson asked that a discussion on the parcel of land owned by Broward County and 

named “Cypress Stand”, off of N.E. 4 th Avenue, be on the next agenda. Vice Mayor Green also 

expressed desire for discussion. 

REPORTS FROM ELECTED OFFICIALS 

Commendation Letters for Melissa Cole, Community Development Services and for Radame 

Morgado and Roger Caraballo, Leisure Services 

Commissioner Newton 

Stated that he was out of town the first week of June 

Attended a condo association meeting where he read the names of all the residents that served 

country 

Reminded all that movie night is this Friday, June 15 th at Hagen Park and that “Hugo” will be 

shown 

Announced that Taste of the Island will be on November 5 th 

Vice Mayor Green 

Stated that the palm trees in front of city hall need fertilizer 

Attended the DRC meeting regarding 255 Wilton Drive on June 4

Thanked Mayor Resnick and staff on the business roundtable meeting and stated he was amazed at 

the turnout 

Attended the Broward League of Cities board meeting and discussed the nuclear surcharge that FPL 

and other power companies are allowed to charge 

Attended the opening of Arca Designs on June 8 th , 

Attended the Taste of the Island meeting which was a very positive meeting with drastic changes in 

the board 

Attended the end of the Planning and Zoning Board meeting and commended Ms. Shafran for 

working with the board 

Attended the Oakland Park/Wilton Manors Chamber of Commerce lunch today at which both city 

mayors gave a State of the City address 

Encouraged people to attend the Gold Coast Clean Cities Coalition on June 29 th at which time there 

will be discussions different types of hybrid/electric cars 

Congratulated Mayor Resnick on his reelection 

Commissioner Carson 

Thanked Wade Shrack for expressing interest in the Board of Adjustment 

Thanked Human Resources Director Clanton on her assistance with the Pension Board Attorney 

invoices 

On Thursday, May 31 st took a candidate for school board member on a tour of Wilton Manors 

Elementary. The current member has never been to Wilton Manors Elementary. The staff and 

students were very engaged. 

Opened a meeting of the Justice Project at Hagen Park on June 5 th . The discussion was on HIV and 

AIDS criminalization. She thanked Police Chief O’Connell for also making an appearance. 

Stated that the Mayors Business Roundtable meeting was well attended and thanked Leisure 

Services for providing breakfast. 

Attended the Planning and Zoning Board meeting 

Spoke on the passing of Bob Kecskemety. 

Stated that she will be co-hosting and fundraise at the Manor House at Richardson Park for a 

candidate for School Board on Saturday June 16 th 

Mayor Resnick 

Spoke on the passing of Beverly Seymour, an active member of the Greater Providence Church of 

Fort Lauderdale who also worked on his campaign a few years ago 

Thanked the city as a whole for the support on his reelection and stated that this was a testament to 

the staff of the city 

Stated that the Mayor’s Business Roundtable was a great success and thanked Ms. Shafran and 

Leisure Services 

Attended and spoke at the Oakland Park/Wilton Manors Chamber of Commerce luncheon at which 

Broward County Property Appraiser Lori Parrish gave praise to both cities 

Attended a Community Services Tax workgroup meeting in Tallahassee on Monday June 13 th . 

They are researching the entire finance structure of Florida which deals with the CST in each city. 

ADJOURNMENT 

The meeting adjourned at 9:50 p.m.

COMMISSION AGENDA REPORT 

MEETING DATE: July 10 th , 2012 

From: 

Prepared by: 

David J. Archacki, Emergency Management/Utilities Director 

Rita Leseberg, Administrative Coordinator, EM/Utilities Dept. 

(a) Subject: Resolution No. 3805 Authorizing Layne Inliner (formerly Reynolds 

Inliner) to Furnish and Install a Polyethylene Liner in 330 lineal feet of Sewer 

Pipe on N Dixie Highway, Just South of 5-Points 

(b) City Manager Recommendation: Recommend Approval. 

(c) Report In Brief: The sewer main on N Dixie Highway, just south of 5-Points 

has deteriorated and requires lining. 

(d) Discussion: When a sinkhole developed on N Dixie Highway directly above 

a sewer main, the City contracted with Layne Inliner to TV and clean the 

sewer line. The video clearly indicates that 330 lineal feet of the sewer pipe is 

extremely deteriorated, with many cracks along that length. Layne Inliner has 

proposed lining that length of pipe for a total cost of $12,890.00, piggybacking 

Pasco County Contract #IFB-KB-10-082, expiring September 30 th , 2012. 

It should be noted that this damage is not related to the damage caused by 

AT&T’s contractor recently, so there will be no reimbursement for this repair. 

(e) Strategic Plan Consistency: This project is consistent with Goal 6: Quality 

City Services, Valued By Our Citizens; Objective 4: Well-Maintained City 

Facilities and Infrastructure 

(f) Concurrences: None 

(g) Fiscal Impact: $12,890.00 

(h) Alternatives: 

None 

(i) Attachments: Resolution No. 3805; Agreement; Purchase Requisition; 

Layne Inliner Proposal; Pasco County Contract #IFB-KB-10-082

OFFICE OF THE CITY ATTORNEY 

CITY OF WILTON MANORS, FLORIDA 

MEMORANDUM 

TO: 

FROM: 

Kathryn Sims, City Clerk (via e-mail) 

Patricia Staples, Deputy City Clerk (via e-mail) 

Kerry L. Ezrol, City Attorney 

DATE: June 28, 2012 

SUBJECT: 

Wilton Manors “City of”/General Matters – Resolution No. 3805 Approving and 

Authorizing an Agreement with Layne Inliner, LLC to Install Sewer Lining on 

North Dixie Highway at Wilton Drive 

Enclosed, for your review and placement on the July 10, 2012 City Commission Meeting 

Agenda, please find Resolution No. 3805 Approving and Authorizing an Agreement with Layne 

Inliner, LLC to Install Sewer Lining on North Dixie Highway at Wilton Drive. 

Composite Exhibit A and Exhibit B are also attached hereto. 

additional information, please contact me. 

Should you require any 

KLE:bp 

Enclosure 

C:\Documents and Settings\pstaples\Local Settings\Temporary Internet Files\OLKA7\3805.doc

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RESOLUTION NO. 3805 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF 

WILTON MANORS, FLORIDA, APPROVING AND AUTHORIZING 

THE PROPER CITY OFFICIALS OF THE CITY OF WILTON 

MANORS TO EXECUTE AN AGREEMENT WITH LAYNE 

INLINER, LLC TO INSTALL SEWER LINING ON NORTH DIXIE 

HIGHWAY AT WILTON DRIVE; PROVIDING FOR CONFLICTS; 

PROVIDING FOR SEVERABILITY; AND PROVIDING AN 

EFFECTIVE DATE. 

WHEREAS, the City Commission of the City of Wilton Manors, Florida, deems it to 

be in the best interests of the residents and citizens of Wilton Manors to enter into the 

Agreement with Layne Inliner, LLC to install sewer lining on North Dixie Highway at Wilton 

Drive. 

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 

THE CITY OF WILTON MANORS, FLORIDA, THAT: 

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Section 1. 

The aforementioned "Whereas" clause is hereby ratified and 

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confirmed as being true and correct and is incorporated herein. 

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Section 2. 

The City Commission of the City of Wilton Manors, Florida, hereby 

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approves the terms and conditions of the Agreement with Layne Inliner, LLC to install sewer 

lining on North Dixie Highway at Wilton Drive, said Agreement having been submitted for 

consideration to the City Commission in written form, a copy of which is attached hereto and 

made a part hereof. 

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Section 3. 

The proper City Officials of the City of Wilton Manors be, and they 

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are hereby authorized and directed to execute said Agreement. 

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Section 4. 

All resolutions or parts of resolutions in conflict herewith, be and the 

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same are repealed to the extent of such conflict. 

Page 1 of 2

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Section 5. 

If any Section, sentence, clause or phrase of this Resolution is held to 

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be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall 

in no way affect the validity of the remaining portions of this Resolution. 

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Section 6. 

and adoption. 

This Resolution shall become effective immediately upon its passage 

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PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF 

WILTON MANORS, FLORIDA, THIS ___ DAY OF JULY 2012. 

ATTEST: 


By:________________________________ 

GARY RESNICK, MAYOR 

RECORD OF COMMISSION VOTE 

__________________ MAYOR RESNICK _____ 

KATHRYN SIMS VICE MAYOR GREEN _____ 

CITY CLERK COMMISSIONER CARSON _____ 

COMMISSIONER GALATIS _____ 

I HEREBY CERTIFY that I have 

approved the form of this Resolution. 

______________________________ 

KERRY L. EZROL 

CITY ATTORNEY 

COMMISSIONER NEWTON 

_____ 

H:\_GOV CLIENTS\WM 2976\_920129 GM\RESO.12\3805 (Layne Inliner piggyback Pasco County contract sewer lining 

NDixieHighwy) 07.10.12 mtg.doc 

Page 2 of 2


MEETING DATE: July 10, 2012 

From: 

Prepared by: 

Paul O’Connell, Chief of Police 

Julia Kunz, Administrative Coordinator 

(a) Subject: Motion to approve Resolution No. 3807 authorizing a donation to 

Family Central Inc. to be paid from the Law Enforcement Forfeiture Trust Fund 

(LEFTF) #650. 

(b) City Manager Recommendation: Recommend Approval 

(c) Report In Brief: Approval of Resolution No. 3807 will authorize the total 

donation of $2,586.00 to be paid to Family Central, Inc. directly from the Law 

Enforcement Forfeiture Trust Fund #650. 

(d) Discussion: Resolution No. 3857 authorizes the donation approved by 

Chief O’Connell in the amount of $2,586.00 to Family Central Inc. that will help 

fund services for many needy children and families in Wilton Manors. With 

matching funds from State and Federal government, this donation will in turn give 

Family Central a total of $149,962.14. This donation will be directly paid from the 

Law Enforcement Forfeiture Trust Fund. 

(e) Strategic Plan Consistency: 

Goal 2: Financially Sound City Government Objective 

Objective 4: Cost Effective Delivery of City Services 

Goal 3: Strong Community Identity and Pride 

Objective 2: Strong Working Partnerships and Relationships: 

Citizens, Community Organizations, Businesses, City 

(f) Concurrences: 

(g) Fiscal Impact: $2,586.00 from the LEFTF 


None 

(i) Attachments: Resolution No. 3857; Chief O’Connell Memo to City Manager, 

Letter of request from Family Central Inc.



MEMORANDUM 

TO: 

FROM: 




DATE: July 2, 2012 

SUBJECT: 

Wilton Manors “City of”/General Matters – Resolution No. 3807 Authorizing the 

Expenditure of $2,586.00 from the Law Enforcement Forfeiture Trust Fund for a 

Donation to Family Central, Inc. 


Agenda, please find Resolution No. 3807 Authorizing the Expenditure of $2,586.00 from the 

Law Enforcement Forfeiture Trust Fund for a Donation to Family Central, Inc. 

Should you require any additional information, please contact me. 

KLE:bp 

Enclosure 

R:\Commission Agendas\2012\07-10-12\ca memo 3807.doc

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WILTON MANORS, FLORIDA, AUTHORIZING THE 

EXPENDITURE OF $2,586.00 FROM THE LAW ENFORCEMENT 

FORFEITURE TRUST FUND #650 PURSUANT TO SECTION 

932.7055, FLORIDA STATUTES, FOR A DONATION TO FAMILY 

CENTRAL, INC.; PROVIDING FOR CONFLICTS; PROVIDING 


WHEREAS, pursuant to Section 932.7055, Florida Statutes, the Chief of Police has 

requested the City Commission to authorize the expenditure of proceeds contained in the 

Law Enforcement Forfeiture Trust Fund #650; and 

WHEREAS, pursuant to Section 932.7055, Florida Statutes, the request of the 

Chief of Police was accompanied by a written certification of compliance with the 

provisions of Section 932.7055, a copy of which is attached hereto as Exhibit “A”; and 

WHEREAS, pursuant to Section 932.7055, Florida Statutes, the City 

Commission finds and determines that the expenditure is for a proper public purpose and 

is in the best interest of the City to expend $2,586.00 from the Law Enforcement 

Forfeiture Trust Fund #650 for a donation to Family Central, Inc.; and 



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Section 1. 

The foregoing “WHEREAS” clauses are hereby ratified and 

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confirmed as being true and correct and are hereby made a specific part of this Resolution. 

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Section 2. 

The City of Wilton Manors, Florida, hereby approves and authorizes 

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expenditure of $2,586.00 from the Law Enforcement Forfeiture Trust Fund #650. 

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Section 3. 


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Page 1 of 2

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Section 4. 


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Section 5. 

and adoption. 

This Resolution shall become effective immediately upon passage 

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ATTEST: 


By:________________________________ 



__________________ MAYOR RESNICK _____ 






______________________________ 


CITY ATTORNEY 


_____ 

H:\_GOV CLIENTS\WM 2976\_920129 GM\RESO.12\3807 (LEFTF Request for Family Central Dontation of $2,586.00) 07.10.12 mtg.doc 

Page 2 of 2


MEETING DATE: July 10 th , 2012 

From: 

Prepared by: 

David J. Archacki, Emergency Management/Utilities Director 

Rita Leseberg, Administrative Coordinator, EM/Utilities Dept. 

(a) Subject: Resolution No. 3808 Authorizing the Interlocal Agreement between 

Broward County and 26 Municipalities (the “Co-Permittees”) Defining Responsibilities 

for Activities Specific to the Requirements of the System-Wide National Pollutant 

Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System 

(MS4) Permit No. FLS000016-003 


(c) Report in Brief: This Interlocal Agreement is the third consecutive agreement for 

the Co-Permittees’ third consecutive NPDES Permit, which regulates maintenance 

activities and additions to drainage structures/systems within the Co-Permittees’ 

jurisdictions, including training, monitoring and reporting on those activities. 

(d) Discussion: This agreement defines which required activities will be performed by 

Broward County (and their fees for those activities) and which required activities will 

be performed by each municipality within their jurisdiction. Some of the activities 

included are: street sweeping (reporting on the number of miles each time, as well 

as the amount of debris removed from the street); stormwater drainage pipe 

inspections, cleaning and installations; catch basin/grate/inlet/outfall inspections, 

cleaning, marking and installations; and additions to the City’s swale program. All of 

these activities and improvements to the City’s drainage system assist with the 

reduction of the amount of pollutants that enter the waterways of the City, which is 

the ultimate goal of the NPDES program. 

(e) Strategic Plan Consistency: This project is consistent with Goal 6: Quality City 

Services, Valued By Our Citizens; Objective 4: Well-Maintained City Facilities and 

Infrastructure 

(f) Concurrences: 

Broward County and 25 Co-Permittees; Chen Moore & Associates 

(g) Fiscal Impact: $2,694 due to Broward County on December 1, 2012, and 

increasing by 2.5% each year for the subsequent 3 years of the agreement 


None 

(i) Attachments: Resolution No. 3808; Interlocal Agreement among Co-Permittees, 

including Attachment A defining County and Municipality Responsibilities and 

Attachment B defining fees payable by Municipalities to Broward County from 2012 

through 2015



MEMORANDUM 

TO: 

FROM: 





SUBJECT: 

Wilton Manors “City of”/General Matters – Resolution 3808, Approving and 

Authorizing the Proper City Officials to Execute an Interlocal Agreement 

Among Broward County and 26 Municipalities to Share the Resource Burden 

of the System-Wide EPA National Pollutant Discharge Elimination System 

(NPDES) Municipal Separate Storm Sewer System (MSR) Permit No. 

FLS000016-003 and Authorize Broward County Environmental Protection 

and Grown Management Department to Conduct Specific Technical 

Activities Required by the Third Five-Year Permit 


Agenda, please find Resolution 3808, Approving and Authorizing the Proper City Officials 

to Execute an Interlocal Agreement Among Broward County and 26 Municipalities. 

The Agreement is also attached hereto. Should you require any additional information, please 

contact me. 

KLE:bp 

Enclosure 


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THE PROPERTY CITY OFFICIALS TO EXECUTE THE 

INTERLOCAL AGREEMENT AMONG BROWARD COUNTY AND 26 

MUNICIPALITIES TO SHARE THE RESOURCE BURDEN OF THE 

SYSTEM-WIDE EPA NATIONAL POLLUTANT DISCHARGE 

ELIMINATION SYSTEM (NPDES) MUNICIPAL SEPARATE STORM 

SEWER SYSTEM (MSR) PERMIT NO. FLS000016-003, AND 

AUTHORIZE THE BROWARD COUNTY ENVIRONMENTAL 

PROTECTION AND GROWTH MANAGEMENT DEPARTMENT TO 

CONDUCT SPECIFIC TECHNICAL ACTIVITIES REQUIRED BY 

THE THIRD FIVE-YEAR PERMIT; PROVIDING FOR CONFLICTS; 

PROVIDING FOR SEVERABILITY; AND PROVIDING AN 



be in the best interests of the residents and citizens of Wilton Manors to enter into the Interlocal 

Agreement among Broward County and 26 Municipalities to Share the Resource Burden of 

the System-Wide EPA National Pollutant Discharge Elimination System (NPDES) 

Municipal Separate Storm Sewer System (MSR) Permit No. FLS000016-003, and Authorize 

the Broward County Environmental Protection and Growth Management Department to 

conduct specific technical activities required by the third five-year permit. 



26 

Section 1. 

The aforementioned "Whereas" clause is hereby ratified and confirmed 

27 

as being true and correct and is incorporated herein. 

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Section 2. 


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approves the terms and conditions of the Interlocal Agreement among Broward County and 

26 Municipalities to Share the Resource Burden of the System-Wide EPA National 

Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System 

(MSR) Permit No. FLS000016-003, and Authorize the Broward County Environmental 

Page 1 of 2

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Protection and Growth Management Department to conduct specific technical activities 

required by the third five-year permit; said Agreement having been submitted for 

consideration to the City Commission in written form, a copy of which is attached hereto and 


5 

Section 3. 

The proper City Officials of the City of Wilton Manors be, and they are 

6 

hereby authorized and directed to execute said Agreement. 

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Section 4. 


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Section 5. 

If any Section, sentence, clause or phrase of this Resolution is held to be 


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invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no 

way affect the validity of the remaining portions of this Resolution. 

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Section 6. 

and adoption. 


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ATTEST: 


By:________________________________ 



__________________ MAYOR RESNICK _____ 







_____ 

______________________________ 


CITY ATTORNEY 

H:\_GOV CLIENTS\WM 2976\_920129 GM\RESO.12\3808 (ILA Agmt Broward County & 26 Municipalities to share resource burden 

of NPDES) 07.10.12 mtg.doc 

Page 2 of 2

Broward County NPDES MS4 InterlocalAgreement Attachment A Permit Number: FLS000016-003 

INTERLOCAL AGREEMENT AMONG BROWARD COUNTY AND PARTIES 

CONCERNING THE THIRD FIVE-YEAR NPDES MS4 PERMIT NO. FL000016-003 

ATTACHMENT A 

COUNTY AND PARTIES RESPONSIBILITIES 

PART III. SCHEDULES FOR IMPLEMENTATION AND COMPLIANCE 

The permittees consist of the COUNTY (by and through its Public Works Department, or "BCPWD") and the PARTIES 

(municipalities).The permittees shall be responsible for completing the activities shown in the following schedules for Stormwater 

Management Program implementation and permit compliance. Each permittee shall be responsible for preparing and submitting an 

annual report to Florida Department of Environmental Protection (DEP) as described in the following table under the reporting 

requirement. By this Agreement, Broward County, by and through its Environmental Protection and Growth Management 

Department, or "BCEPGMD", will perform certain technical activities on behalf of the Parties and the BCPWD. 

A. Implementation of Stormwater Management Programs. 

STORMWATER MANAGEMENT PROGRAM: 

1. Structural Controls and Stormwater Collection Systems Operation. 

PERMITTEE(S) 

ACTIVITY 

INTERLOCAL 

RESPONSIBILITY 

REPORTING 

REQUIREMENT 

ALL 

Maintain an up-to-date inventory of the structural controls and roadway 

stormwater collection structures operated by the permittee, including, at a 

minimum, all of the types of control structures listed in Table II.A.1.a of the 

permit. Update MS4 mapping, as needed. 

BCPWD &PARTIES 

Report the current 

known inventory in 

each ANNUAL 

REPORT. 

1




PERMITTEE(S) 

ACTIVITY 

INTERLOCAL 


REPORTING 

REQUIREMENT 

Provide an inventory of all known major outfalls covered by the permit and a 

map depicting the location of the major outfalls (hard copy or CD-ROM). 


Provide the outfall 

inventory and map 

with the Year 1 

ANNUAL REPORT. 

2




PERMITTEE(S) 

ACTIVITY 

INTERLOCAL 


REPORTING 

REQUIREMENT 

ALL 

Except 

FDOT District Four 

and 

FDOT Florida’s 

Turnpike Enterprise 

Annually review (and revise, as needed) and implement the permittee’s written 

Standard Operating Procedures to conduct inspections and maintenance of the 

structural controls and roadway stormwater collection systems operated by the 

permittee in accordance with Table II.A.1.a of the permit to reduce pollutants, 

including floatables, in discharges from the MS4.* 

Maintain an internal record keeping system to schedule and document inspections 

and maintenance activities conducted on the structural controls and roadway 

stormwater collection structures operated by the permittee. 

If these activities are conducted by another entity under a contractual agreement, 

then the permittees shall retain copies of the contractual agreement that specifies 

the schedule and frequency of the inspection and maintenance activities to be 

conducted. 

*(The permittee shall continue implementation of any existing procedures until 

such procedures are revised. If the permittee does not already have written 

Standard Operating Procedures in place, they shall be developed and 

implemented within 12 months of the date of permit issuance.) 

BCEPGMD and 

PARTIES 

Report the number of 

inspection and 

maintenance 

activities conducted 

for each type of 

structure included in 

Table II.A.1.a, and 

the percentage of the 

total inventory of 

each type of structure 

inspected and 

maintained, in each 


If the minimum 

inspection 

frequencies set forth 

in Table II.A.1.a 

were not met, 

provide as an 

attachment an 

explanation of why 

they were not and a 

description of the 

actions that will be 

taken to ensure that 

they will be met in 

each ANNUAL 

REPORT. 

3




PERMITTEE(S) 

ACTIVITY 

INTERLOCAL 


REPORTING 

REQUIREMENT 

City of West Park 

Develop and implement written Standard Operating Procedures (SOP) to conduct 

inspections and maintenance of the structural controls and roadway stormwater 

collection systems operated by the permittee in accordance with Table II.A.1.a of 

the permit to reduce pollutants, including floatables, in discharges from the MS4. 

The written procedures shall also include a description of the internal record 

keeping system to be used to document implementation of the inspections and 

maintenance activities. 


Provide a copy of the 

SOP in the Year 1 


4



2. Areas of New Development and Significant Redevelopment. 

PERMITTEE(S) ACTIVITY INTERLOCAL 


REPORTING 

REQUIREMENT 

ALL 

Except 

FDOT District 

Four 

and 


Turnpike 

Enterprise 

Continue to adhere to the policies of the permittee’s current Comprehensive 

Plan (or similar document) and the requirements of local codes and regulations, 

as well as development review and permitting procedures, that incorporate 

stormwater quality considerations into land-use planning and development 

activities to reduce pollutants in stormwater discharges from areas of new 

development and significant redevelopment, and guide new development away 

from environmentally sensitive areas. The comprehensive planning process 

shall limit the increases in the discharge of pollutants in stormwater as a result 

of new development, and shall reduce the discharge of pollutants in stormwater 

from redeveloped areas, consistent with the requirements set forth in the 

Environmental Resource Permitting rules of the South Florida Water 

Management District. 

PARTIES for their codes 

and County for Ch.27 and 

Vol. 4 in area of ERP 

delegation 


new development and 

significant 

redevelopment projects 

reviewed by the 

permittee for postdevelopment 

stormwater 

considerations in each 


Maintain documentation of the new development and significant redevelopment 

project review activity. 

5



2. Areas of New Development and Significant Redevelopment. 



REPORTING 

REQUIREMENT 

ALL 

Except 

FDOT District 

Four 

and 


Turnpike 

Enterprise 

Conduct an inter-departmental review of the permittee’s current local codes and 

land development regulations to identify potential changes to existing codes or 

regulations that will further reduce the stormwater impacts of new development 

and areas of significant redevelopment. In particular, focus on changes to the 

code that will promote: reductions in impervious surfaces, the use of swales, the 

incorporation of low impact development principles, reduction in flow and 

volume of stormwater, increase in natural hydrology, and adherence to the 

principles of the Florida Yards and Neighborhoods program in new 

landscaping. 

Develop a summary report of the review activity that includes the following 

information: all applicable local code and regulation citations reviewed (both 

current and draft); a description of the current and proposed techniques aimed at 

reducing the stormwater impact of new development and areas of significant 

redevelopment that are included within the applicable codes and regulations; a 

description of innovative stormwater planning techniques, including those 

described above, recommended for possible future incorporation into the codes 

and regulations (beyond what may be currently in draft); and, a plan for 

implementing changes to codes or regulations. 

PARTIES for their codes 

and EPGMD for Ch.27 

and Vol. 4 in area of ERP 

delegation 

Provide in the Year 2 

ANNUAL REPORT the 

summary report of the 

review activity. 

Provide in the Year 4 

ANNUAL REPORT the 

follow-up report on plan 

implementation. 

In addition, develop a follow-up report that summarizes plan implementation to 

change the local codes and regulations and promote reducing stormwater 

impacts from new development and areas of significant redevelopment. 

6



3. Roadways. 



ALL 


procedures for the litter control program(s) for public streets, roads, and 

highways, including rights-of-way, employed within the permittee’s 

jurisdictional area and properly dispose of collected material. Implement the 

program on a monthly, or on an as needed, basis. 

Maintain documentation of the litter control program activities. 



procedures in place, they shall be developed and implemented within 12 months 

of the date of permit issuance.) 

BCPWD&PARTIES 

REPORTING 

REQUIREMENT 

Report on the litter 

control program, 

including the 

frequency of litter 

collection, an 

estimate of the total 

number of road miles 

cleaned or amount of 

area covered by the 

activities, and an 

estimate of the 

quantity of litter 

collected, in each 


In addition to the litter collection program implemented by personnel, consider 

actively promoting and coordinating an "Adopt-A-Road" program (or similar 

program such as the Broward Clean and Beautiful Program) where volunteers 

collect litter and trash along roadways within the permittee’s jurisdictional area. 

This activity may be accomplished through cooperative efforts with other 

permittees, public agencies, or private entities. 

Maintain documentation of the Adopt-A-Road (or similar program) activities. 

BCPWD&PARTIES 

If an Adopt-A-Road 

or similar program is 

implemented, report 

the total number of 

road miles cleaned 

and an estimate of 

the quantity of litter 

collected, in each 


7



3. Roadways. 



REPORTING 

REQUIREMENT 


Develop a description of the permittee-operated litter control program for 

highways and streets, including rights-of-way, within the permittee’s 

jurisdictional area. The description shall include a map identifying the highways 

and streets (including rights-of-way) and the total miles addressed under the litter 

control program, the frequency of the litter collection activities, the process for 

determining the amount of litter collected, and the method for documenting the 

litter control program activities (including the total miles maintained, the 

frequency of the litter collection and the amount of litter collected). 


Provide the 


litter control program 

in the Year 1 


8



3. Roadways. 



REPORTING 

REQUIREMENT 

ALL 


procedures for the street sweeping program for highways and streets, including 

rights-of-way, with curbs and gutters employed within the permittee’s 

jurisdictional area and properly dispose of collected material. The procedures 

shall include the criteria for determining which roadways will be swept and the 

frequency of sweeping, and the method for quantifying and tracking the amount 

of material removed by the street sweepers. 

The permittees shall use the results of the ongoing Florida Stormwater 

Association MS4 Project, which will be completed by April 2011, to calculate 

the total nitrogen (TN) and total phosphorus (TP) load reductions. A permittee 

may also use results from a similar study if it is approved by the Department 

prior to doing the load calculations. 

Maintain documentation of the street sweeping program activities. 

BCPWD&PARTIES 

Report on the street 

sweeping program, 

including the 

frequency of the 

sweeping, total miles 

swept, an estimate of 

the quantity of 

sweepings collected, 

and the total nitrogen 

(TN) and total 

phosphorus (TP) 

loadings that were 

removed by the 

collection of 

sweepings, in each 





of the date of permit issuance. A permittee that does not have a street sweeping 

program shall provide an explanation of why no program is necessary or 

possible. The explanation shall include the alternate BMPs used or planned to 

offset the load reductions not achieved through street sweeping.) 

If no street sweeping 

program is 

implemented, 

provide the 

explanation of why 

not in the Year 1 


9



3. Roadways. 



REPORTING 

REQUIREMENT 


Develop a description of the permittee-operated street sweeping program for 

highways and streets, including rights-of-way, with curbs and gutters within the 

permittee’s jurisdictional area. The description shall include a map identifying 

the highways and streets (including rights-of-way), the total miles addressed 

under the street sweeping program, the frequency of the street sweeping 

activities, the method for quantifying and tracking the amount of street sweeping 

material collected, and the method for documenting the street sweeping program 

activities (including the total miles swept, the frequency of the sweeping, the 

amount of street sweeping material collected and how this material is properly 

disposed). 


Provide the 


street sweeping 

program in the Year 

1 ANNUAL 

REPORT. 

10



3. Roadways. 



REPORTING 

REQUIREMENT 


standard practices to reduce the pollutants in stormwater runoff from areas 

associated with road repair and maintenance, and from permittee-owned or 

operated equipment yards and maintenance shops that support road maintenance 

activities.* 

ALL 

The pollution prevention practices during road repair shall include limiting the 

amount of soil disturbance to the immediate area under repair and using 

appropriate stormwater, erosion, and sedimentation control BMPs from the 

Florida Stormwater, Erosion, and Sedimentation Control Inspector’s Manual 

(Florida DEP, 2008)and from the State of Florida Erosion and Sediment Control 

Design and Review Manual, (FDOT, 2007)(or comparable document) until 

disturbed areas are stabilized. 

The permittee shall identify the equipment yards and maintenance shops that 

support road maintenance activities, and shall determine the necessary control 

measures and procedures to be employed at each facility through annual site 

inspections. Maintain documentation of the inspections that demonstrates the 

stormwater concerns reviewed and the appropriate control measures and 

procedures implemented or needing to be implemented. 

BCPWD&PARTIES 


applicable facilities 

and the number of 

inspections 

conducted for each 

facility in each 




standard practices in place, they shall be developed and implemented within 12 

months of the date of permit issuance.) 

11



3. Roadways. 



REPORTING 

REQUIREMENT 

Develop a description of the program for inspections and the implementation of 

measures to control pollutant discharges from the permittee-owned or operated 

equipment yards and maintenance shops that support road maintenance activities. 


The description shall include identification of the applicable facilities, the 

frequency of the site inspections, an inspection checklist of the control measures 

and pollution prevention procedures to be employed at each facility, the name of 

the department and title / position of the staff responsible for conducting the 

inspections, and the method for documenting the inspections and the 

implementation of the necessary control measures. The documentation of the 

inspections must demonstrate the stormwater concerns reviewed, and the 

appropriate pollution control measures and procedures implemented or needing 

to be implemented. 


Provide the 


inspection program 

in the Year 1 

ANNUAL 

REPORT. 

12



4. Flood Control Projects. 



REPORTING 

REQUIREMENT 

ALL 

Stormwater treatment shall be provided for all flood management projects 

undertaken by the permittee as required by the Environmental Resource 

Permitting rules of the South Florida Water Management District. Continue 

to maintain a list of stormwater capital improvement projects proposed by the 

Stormwater Management Master Plan or Basin Master Planning studies (or a 

similar document). Include in the project list any retrofits of existing 

structural flood control devices to provide additional pollutant removal from 

stormwater. 

Existing structural flood control devices shall be evaluated to determine if 

retrofitting the device to provide additional pollutant removal from 

stormwater is needed or feasible. 

BCPWD and PARTIES 

BCPWD&PARTIES 

Report the total number of 

flood control projects that 

were constructed by the 

permittee during the 

reporting period and the 

number of those projects 

that did NOT include 

stormwater treatment, in 

each ANNUAL REPORT. 

The permittee shall provide 

a list of the projects where 

stormwater treatment was 

not included with an 

explanation for each of why 

it was not. Report on any 

stormwater retrofit planning 

activities and the associated 

implementation of 

retrofitting projects to 

reduce stormwater pollutant 

loads from existing 

drainage systems that do 

not have treatment BMPs. 

13



5. Municipal Waste Treatment, Storage, or Disposal (TSD) Facilities Not Covered By An NPDES Stormwater Permit. 



REPORTING 

REQUIREMENT 

ALL 

Except 


and 




procedures for inspections and the implementation of measures to control 

discharges from the following facilities that are not otherwise covered by an 

NPDES stormwater permit: * 

operating municipal landfills; 

municipal waste transfer stations; 

 

 

municipal waste fleet maintenance facilities; and 

any other municipal waste treatment, waste storage, and waste disposal 

facilities. 

The permittee shall identify the applicable facilities and shall determine the 

necessary control measures and procedures to be employed at each facility 

through annual site inspections. Site specific monitoring may be required as 

detailed in Part III.A.8.b. 

Maintain documentation of the inspections that demonstrates the stormwater 

concerns reviewed and the appropriate pollution control measures and procedures 

implemented or needing to be implemented. 

BCEPGMD in 

County facilities and 

PARTIES in their 

own facilities 

Report the number 

of applicable 

facilities and the 

number of 

inspections 

conducted for each 

facility in each 

ANNUAL 

REPORT. 





14



5. Municipal Waste Treatment, Storage, or Disposal (TSD) Facilities Not Covered By An NPDES Stormwater Permit. 



REPORTING 

REQUIREMENT 


Develop a description of the program for inspections and the implementation of 

measures to control pollutant discharges from the following facilities that are not 

otherwise covered by an NPDES stormwater permit: 


municipal waste transfer stations; 

 

 

municipal waste fleet maintenance facilities; and 

any other municipal waste treatment, waste storage, and waste disposal 

facilities. 

The description shall include identification of the applicable facilities, the 

frequency of the site inspections, an inspection checklist of the necessary control 

measures and procedures to be employed at each facility, the name of the 

department and title / position of the staff responsible for conducting the 

inspections, and the method for documenting the inspections and the 

implementation of the necessary control measures. The documentation of the 

inspections must demonstrate the stormwater concerns reviewed, and the 

appropriate pollution control measures and procedures implemented or needing to 

be implemented. 


Provide the 



in the Year 1 

ANNUAL 

REPORT. 

15



6. Pesticides, Herbicides, and Fertilizer Application. 

PERMITTEE(S) 

ALL 

ACTIVITY 

Continue to require proper certification and licensing by the Florida 

Department of Agriculture and Consumer Services (FDACS) for all 

applicators contracted to apply pesticides or herbicides on permitteeowned 

property, as well as any permittee personnel employed in the 

application of these products. 

Maintain a list of the permittee personnel applicators and contracted 

commercial applicators of pesticides and herbicides who are FDACS 

certified/licensed. 

By January 1, 2014, all permittee personnel applying fertilizer shall be 

trained through the Green Industry BMP Program. By that same date, a 

permittee who contracts the application of fertilizer shall use only 

commercial applicators of fertilizer who have been trained through the 

Green Industry BMP Program and have obtained a limited certification 

for urban landscape commercial fertilizer application under Section 

482.1562, F.S. 

If the permittee operates one or more golf courses, the courses shall be 

operated in a manner that is consistent with the Best Management 

Practices for the Enhancement of Environmental Quality on Florida Golf 

Courses manual (Florida DEP, 2007). 

Maintain a list of the permittee personnel and contractors who have been 

trained through the Green Industry BMP Program and a list of the 

contracted commercial applicators of fertilizer who are FDACS 

certified/licensed. 

Maintain documentation of the proper FDACS certification/licensing for 

all permittee personnel applicators and contracted commercial 

applicators of pesticides, herbicides, and fertilizer. 

INTERLOCAL 



REPORTING 

REQUIREMENT 


permittee personnel 

applicators and contracted 

commercial applicators of 

pesticides and herbicides 

who are FDACS 

certified/licensed in each 



permittee personnel and 

contractors who have been 

trained through the Green 

Industry BMP Program, and 

the number of contracted 

commercial applicators of 

fertilizer who are FDACS 

certified/licensed in each 


16




PERMITTEE(S) 

ACTIVITY 

INTERLOCAL 


REPORTING 

REQUIREMENT 

ALL 

Except 


and 



Pursuant to SB 2080 (2009), all local governments are encouraged to 

adopt a Florida-friendly Landscaping Ordinance similar to the one set 

forth in the document “Florida-friendly Guidance Models for 

Ordinances, Covenants and Restrictions.” This model ordinance 

incorporates Florida-friendly landscaping and irrigation design 

requirements, Florida-friendly fertilizer requirements, and training and 

certification requirements. 

If the broader Florida-friendly ordinance described above is not adopted, 

then all local governments within the watershed of a nutrient-impaired 

water body shall adopt the Department’s Model Ordinance for Florida- 

Friendly Fertilizer Use on Urban Landscapes pursuant to SB 494 (2009) 

or an ordinance that includes all of the requirements set forth in the 

Model Ordinance. 

BCEPGMD and 

PARTIES 

Provide a copy of the 

adopted ordinance with the 

subsequent Year 1 or Year 2 


The ordinance shall be adopted within 24 months of the date of permit 

issuance. 

17




PERMITTEE(S) 

ACTIVITY 

INTERLOCAL 


REPORTING 

REQUIREMENT 

ALL 

Except 


and 



During Year 1 of the permit, develop and implement a written public 

education and outreach program plan to encourage citizens to reduce 

their use of pesticides, herbicides, and fertilizers. The plan shall include 

the distribution of public education materials describing the need to 

minimize the application of fertilizers, pesticides and herbicides, and 

promote actions such as incorporating Florida-friendly 

landscapingconcepts into new landscaping projects. 

The plan shall also include the following: the goals and objectives of the 

program; the topics to be addressed; a description of the target 

audience(s); a description of the activities and materials (including 

clarification of which topics are to be addressed by each) to be employed 

to reach each target audience and an explanation of why those particular 

activities/materials were chosen; the percentage of each target audience 

expected to be reached by each activity/material; the methods for 

distribution of the outreach materials; the annual schedule for the 

activities; the method for documenting the outreach activities; 

identification of the staff/department(s)/outside entities responsible for 

performing the outreach activities; a description of the resources 

allocated to implement the plan; and the method for assessing changes in 

public awareness and behavior resulting from the implementation of the 

program. 

If these activities are conducted by a permittee under a contractual 

agreement with another permittee, one plan may be developed for all the 

permittee jurisdictions covered by the agreement. 

A single plan may address all three of the required public education and 

BCEPGMD 

In each ANNUAL REPORT, 

report on the public 

education and outreach 

activities that are performed 

or sponsored by the 

permittee within the 

permittee’s jurisdiction to 

encourage citizens to reduce 

their use of pesticides, 

herbicides, and fertilizers, 

including the type and 

number of activities 

conducted, the type and 

number of materials 

distributed, the percentage of 

the population reached by 

the activities in total, and the 

number of Web site visits (if 

applicable). 

Activities performed under 

the FYN program should 

only be reported if the 

permittee is contributing 

funding towards the FYN 

staff and program within its 

jurisdiction. 

18




PERMITTEE(S) 

ACTIVITY 

outreach topics as per Parts III.A.6, III.A.7.e and III.A.7.f of the permit. 

The plan shall be developed and implemented within 12 months of the 

date of permit issuance, and shall be updated annually. 

Maintain documentation of the type and number of public education and 

outreach activities conducted, the type and number of materials 

distributed, the percentage of the population reached by the education 

and outreach activities in total, and the number of Web site visits (if 

applicable). 

Compliance with this element may be achieved through participating in, 

funding and promoting the Florida Yards and Neighborhoods (FYN) 

program administered by the UF/ IFAS County Extension. 

INTERLOCAL 


REPORTING 

REQUIREMENT 

Broward County 

Continue to provide the guidance and best management practice (BMP) 

training for turf and landscape (including vegetation, fertilizers, 

stormwater, and irrigation management) to County and co-permittee 

staff. 

BCEPGMD 

Report the number of County 

and co-permittee staff trained 

in each ANNUAL REPORT. 

19




PERMITTEE(S) 

ACTIVITY 

Annually review (and revise, as needed) and implement the permittee’s 

written standardized procedures to minimize its use of pesticides, 

herbicides, and fertilizers on public property and to properly apply, 

store, and mix these products.* 

INTERLOCAL 


REPORTING 

REQUIREMENT 

ALL 

Except 


and 



The program shall include items such as incorporating Florida-friendly 

landscaping and fertilization on all landscape projects; using only 

properly trained and certified applicators; maintaining an inventory of 

on-hand pesticides, herbicides, and fertilizers; properly storing products 

in special chemical storage buildings at each work site; eliminating 

spraying programs with minimal effectiveness; using non-toxic 

pesticides where practical; timing applications for maximum 

effectiveness by considering growth cycles; and using efficient chemical 

management practices such as drift-retardants and applying during 

appropriate weather conditions. 

BCDPW and PARTIES 

As Needed 

Maintain documentation of the procedures. 

*(The permittee shall continue implementation of any existing 

procedures until such procedures are revised.If the permittee does not 

already have written procedures in place, they shall be developed and 

implemented within 12 months of the date of permit issuance.) 

20



7. a.) Illicit Discharges and Improper Disposal Inspections, Ordinances, and Enforcement Measures. 

INTERLOCAL 

PERMITTEE(S) 

ACTIVITY 

RESPONSIBILIT 

REPORTING 

REQUIREMENT 

ALL 

Except 

FDOT District 

Four 

and 


Turnpike 

Enterprise 

Where applicable, strengthen the legal authority to conduct inspections, conduct 

monitoring, control illicit discharges, illicit connections, illegal dumping and spills 

into the MS4 and to require compliance with conditions in ordinances, permits, 

contracts, and orders. This includes the legal authority to take legal action to 

eliminate illicit discharges or connections. 

Continue, as necessary, an assessment of the non-stormwater discharges listed 

under Part II.A.7.a of this permit, as well as any other non-stormwater discharges, 

which will be allowed to be discharged to the MS4. 

BCEPGMD and 

PARTIES 

Report amendments, 

as needed, in each 


21



7. a.) Illicit Discharges and Improper Disposal Inspections, Ordinances, and Enforcement Measures. 

INTERLOCAL 

PERMITTEE(S) 

ACTIVITY 

RESPONSIBILIT 

REPORTING 

REQUIREMENT 

Develop and implement the legal authorities necessary to conduct inspections, 

conduct monitoring, control illicit discharges, illicit connections, illegal dumping 

and spills into the MS4 and to require compliance with conditions in ordinances, 

permits, contracts, and orders. This includes the legal authority to take legal action 

to eliminate illicit discharges or connections. 


Perform an assessment of the non-stormwater discharges listed under Part II.A.7.a 

of this permit, as well as any other non-stormwater discharges, which will be 

allowed to be discharged to the MS4. 

Develop a report that identifies the specific ordinance, permit, covenant, contract, 

order, inter-jurisdictional agreement, etc. that provides the necessary legal authority 

to: 

a. Control the contribution of pollutants to the MS4 by stormwater discharges 

associated with industrial activity (including construction sites) and the quality 

of stormwater discharged from sites of industrial activity; 

b. Prohibit illicit discharges to the MS4; 

c. Control the discharge of spills and the dumping or disposal of materials other 

than stormwater (e.g., industrial and commercial wastes, trash, used motor 

vehicle fluids, leaf litter, grass clippings, animal wastes, etc.) into the MS4; 

d. Require compliance with conditions in ordinances, permits, contracts or orders; 

and 

e. Take enforcement actions to eliminate violations. 


Provide the legal 

authority report and 

copies of the 

applicable legal 

authorities in the Year 

1 ANNUAL REPORT. 

22



7. b.) Illicit Discharges and Improper Disposal Dry Weather Field Screening. 

PERMITTEE(S) 

ACTIVITY 

INTERLOCAL 


REPORTING 

REQUIREMENT 

***RESERVED*** 

ALL 

Florida’s hydrologic and water table conditions make dry weather field 

screening impossible in many areas. Instead, the Department has concluded that 

more environmental benefits can be achieved through the implementation of a 

proactive illicit discharge detection program, which is set forth in the remaining 

sections of Part III.A.7 of this permit. 

N/A 

As Needed 

23



7. c.) Illicit Discharges and Improper Disposal Inspection and Investigation of Suspected Illicit Discharges and / or Improper 

Disposal. 

PERMITTEE(S) 

ALL 

ACTIVITY 

During Year 1 of the permit, develop and implement a written proactive 

inspection program plan for identifying and eliminating sources of illicit 

discharges, illicit connections, or dumping to the MS4. The permittee shall 

inspect portions of the MS4 that have a reasonable potential of containing 

illicit discharges / connections / dumping or other sources of non-stormwater. 

Facility inspections may be carried out in conjunction with other permittee 

programs (e.g., pretreatment inspections of industrial users, health inspections, 

fire inspections, etc.), but must include inspections for potential nonstormwater 

/ contaminated stormwater coming from areas / facilities not 

normally visited by the permittee. 

The plan shall include the following: the procedures and criteria for 

identifying priority areas / facilities; a list of identified priority areas / 

facilities; an annual schedule for inspections; procedures for conducting the 

site inspections (including confirming whether a facility has coverage under 

the Department’s NPDES Multi-Sector Generic Permit for Stormwater 

Discharge Associated with Industrial Activity (62-621.300(5), F.A.C.), if 

applicable); procedures for tracing the source of an illicit discharge; 

procedures for eliminating the discharge; procedures for documenting the 

inspections and any enforcement activities (including use of a standard form / 

report); procedures for enforcement actions or referrals to the appropriate 

jurisdictional authority; identification of the staff / department(s) / outside 

entities responsible for performing the inspections and the enforcement 

activities; and a description of the resources allocated to implement the plan. 

Priority areas shall include the following as applicable to the permittee’s 

INTERLOCAL 

RESPONSIBILIT 

BCEPGMD 

REPORTING 

REQUIREMENT 

Provide the written 

proactive inspection 

program plan with 

the Year 1 ANNUAL 

REPORT. 

24




Disposal. 

PERMITTEE(S) 

ACTIVITY 

INTERLOCAL REPORTING 

RESPONSIBILIT REQUIREMENT 

jurisdiction: 

Areas with older infrastructure, 

Industrial, commercial, or mixed use areas, 

Areas with a history of past illicit discharge and / or illegal dumping, 

Areas with on-site sewage disposal systems, and 

Areas upstream of sensitive or impaired water bodies. 

The plan shall be developed and implemented within 12 months of the date of 

permit issuance, and shall be updated annually. 

If these activities are conducted by a permittee under a contractual agreement 

with another permittee, one plan may be developed for all the permittee 

jurisdictions covered by the agreement. The plan must include annual 

inspections in each permittee’s jurisdiction. 

25




Disposal. 


PERMITTEE(S) 

ACTIVITY 


Continue to conduct proactive inspections to identify and eliminate the 

source(s) of illicit discharges, illicit connections or dumping to the MS4. The 

permittee shall annually update and implement its written proactive inspection 

program plan. 

ALL 

Except 


and 



If an illicit discharge or connection is found, the permittee shall take 

appropriate action(s) under its illicit discharge program (ordinance or other 

regulatory mechanism), including enforcement actions where necessary, to 

correct or eliminate the discharge or connection. The permittee shall also 

consider placing the facility on its high risk inventory as per Part III.A.8.a of 

the permit. 

If the permittee determines or suspects that an industrial facility does not have 

coverage as required under the Department’s NPDES Multi-Sector Generic 

Permit for Stormwater Discharge Associated with Industrial Activity (62- 

621.300(5), F.A.C.), referred to as the MSGP, it shall notify the Department’s 

NPDES stormwater staff and provide the name and address of the facility. 

Maintain documentation of the proactive inspections scheduled and 

performed, including the date of the inspection, findings of the inspection, 

type of illicit discharge(s) found, type of enforcement action(s) taken, date of 

verification of elimination, and any non-permitted MSGP facility referrals 

completed. The program shall include the use of a standard form / report for 

documentation purposes. 

BCEPGMD 

Report on the 


program, including 

the number of 

inspections 

conducted, the 

number of illicit 

activities found, and 

the number and type 

of enforcement 

actions taken, in each 


26




Disposal. 

PERMITTEE(S) 

ACTIVITY 

During Year 1 of the permit, develop and implement a written proactive 

inspection program plan for identifying and eliminating sources of illicit 

discharges, illicit connections, or dumping to the MS4. The permittee shall 

inspect portions of the MS4 that have a reasonable potential of containing 

illicit discharges / connections / dumping or other sources of non-stormwater. 

Facility inspections may be carried out in conjunction with other permittee 

programs (e.g., pretreatment inspections of industrial users, health inspections, 

fire inspections, etc.), but must include inspections for potential nonstormwater 

/ contaminated stormwater coming from areas / facilities not 

normally visited by the permittee. 

INTERLOCAL 

RESPONSIBILIT 

REPORTING 

REQUIREMENT 

ALL 

The plan shall include the following: the procedures and criteria for 

identifying priority areas / facilities; a list of identified priority areas / 

facilities; an annual schedule for inspections; procedures for conducting the 

site inspections (including confirming whether a facility has coverage under 

the Department’s NPDES Multi-Sector Generic Permit for Stormwater 

Discharge Associated with Industrial Activity (62-621.300(5), F.A.C.), if 

applicable); procedures for tracing the source of an illicit discharge; 

procedures for eliminating the discharge; procedures for documenting the 

inspections and any enforcement activities (including use of a standard form / 

report); procedures for enforcement actions or referrals to the appropriate 

jurisdictional authority; identification of the staff / department(s) / outside 

entities responsible for performing the inspections and the enforcement 

activities; and a description of the resources allocated to implement the plan. 

BCEPGMD 



program plan with 

the Year 1 ANNUAL 

REPORT. 

Priority areas shall include the following as applicable to the permittee’s 

jurisdiction: 

27




Disposal. 

PERMITTEE(S) 

ACTIVITY 



Areas with older infrastructure, 

Industrial, commercial, or mixed use areas, 

Areas with a history of past illicit discharge and / or illegal dumping, 

Areas with on-site sewage disposal systems, and 

Areas upstream of sensitive or impaired water bodies. 





jurisdictions covered by the agreement. The plan must include annual 

inspections in each permittee’s jurisdiction. 

28




Disposal. 

PERMITTEE(S) 

ACTIVITY 

Continue to conduct proactive inspections to identify and eliminate the 

source(s) of illicit discharges, illicit connections or dumping to the MS4. The 

permittee shall annually update and implement its written proactive inspection 

program plan. 

INTERLOCAL 

RESPONSIBILIT 

REPORTING 

REQUIREMENT 

ALL 

Except 


and 








the permit. 






Maintain documentation of the proactive inspections scheduled and 

performed, including the date of the inspection, findings of the inspection, 

type of illicit discharge(s) found, type of enforcement action(s) taken, date of 

verification of elimination, and any non-permitted MSGP facility referrals 

completed. The program shall include the use of a standard form / report for 

documentation purposes. 

BCEPGMD 

Report on the 



the number of 

inspections 








29




Disposal. 

PERMITTEE(S) 

ALL 

Except 


and 



ACTIVITY 

Annually review (and revise, as needed) and implement the permittee’s 

written procedures to conduct reactive investigations to identify and 

eliminate the source(s) of illicit discharges, illicit connections or improper 

disposal to the MS4, based on reports received from permittee personnel, 

contractors, citizens, or other entities regarding suspected illicit activity.* 

Based upon the reports received, investigate the suspected illicit activity. 

Through additional sampling or investigation and systematically tracing the 

source upstream from the point of initial detection, identify the source of the 

problem. 






the permit. 

If the permittee determines or suspects that an industrial facility does not 

have coverage as required under the Department’s NPDES Multi-Sector 

Generic Permit for Stormwater Discharge Associated with Industrial Activity (62- 



Maintain documentation of the reactive investigations performed, including 

the date of the initial complaint or observation (from permittee personnel, 

contractors, citizens, or other entities), source and type of illicit discharge, 

INTERLOCAL 

RESPONSIBILIT 

BCEPGMD 

REPORTING 

REQUIREMENT 

Report on the 

reactive 

investigation 

program as it relates 

to responding to 

reports of suspected 

illicit discharges, 

including the 

number of reports 

received, the number 

of investigations 








30




Disposal. 

PERMITTEE(S) 

ACTIVITY 



date of the investigation, findings of the investigation, type of enforcement 

action(s) taken, date of verification of elimination, and any non-permitted 

MSGP facility referrals completed. The program shall include the use of a 

standard form/report for documentation purposes. 

*(The permittee shall continue implementation of any existing procedures 

until such procedures are revised.If the permittee does not already have 

written procedures in place, they shall be developed and implemented within 

12 months of the date of permit issuance.) 

31




Disposal. 

PERMITTEE(S) 

ALL 

ACTIVITY 

During Year 1 of the permit, develop and implement a written plan for the 

training of all appropriate permittee personnel (including field crews, fleet 

maintenance staff, and inspectors) and contractors to identify and report 

conditions in the stormwater facilities that may indicate the presence of illicit 

discharges/connections/dumping to the MS4. Instruct personnel and 

appropriate contractors to be alert for illicit connections and suspicious flows 

during routine maintenance activities (particularly in areas with high risk 

facilities). Include in the training an overview of the NPDES stormwater 

permitting requirements under the Department’s NPDES Multi-Sector Generic 


621.300(5), F.A.C.), referred to as the MSGP, and the types of facilities covered 

under the MSGP. 

The plan shall include the following: a description of the topics to be covered; 

a description of the personnel and contractors targeted for training; the 

methods and materials to be used for the training; identification of the staff/ 

department(s)/ outside entities who will perform the training; the method for 

documenting the training activities; and the annual schedule for the training. 

The plan shall address comprehensive training for new personnel and 

refresher training for current personnel. 

A single plan may address all the training required as per Parts III.A.7.c, 

III.A.7.d and III.A.9.c of the permit. 

The plan shall be developed and implemented within 12 months of the date 

of permit issuance, and be reviewed annually and updated as needed to 

INTERLOCAL 

RESPONSIBILIT 

BCEPGMD to 

prepare the plan and 

do training based on 

staff sent by 

BCPWD and 

PARTIES 

REPORTING 

REQUIREMENT 

Report the type of 

training activities, 



and contractors 

trained (both inhouse 

and outside 

training), in each 


32




Disposal. 

PERMITTEE(S) 

ACTIVITY 



reflect changes in procedures, techniques, or staffing. Refresher training shall 

be provided annually. 

Maintain documentation of the training activities, including the date of the 

training, the type of training, the topic(s) covered, and the names and 

affiliations of the participants. 

33



7. d.) Illicit Discharges and Improper Disposal Spill Prevention and Response. 

PERMITTEE(S) 

ACTIVITY 


spill-prevention / spill-response plan and procedures to prevent, contain, and 

respond to spills that discharge into the MS4.* Ensure that spills, regardless of 

whether they are hazardous, are properly addressed. 

Maintain documentation of the spill prevention and response activities. 


such procedures are revised. If the permittee does not already have a written 

plan and procedures in place, they shall be developed and implemented within 

12 months of the date of permit issuance.) 

INTERLOCAL 

RESPONSIBILIT 

BCPWD and 

PARTIES 

REPORTING 

REQUIREMENT 

Report on the spill 

prevention and 

response activities, 

including the 

number of spills 

addressed, in each 

ANNUAL 

REPORT. 

ALL 

During Year 1 of the permit, develop and implement a written plan for the 

training of all appropriate permittee personnel (including field crews, 

firefighters, fleet maintenance staff and inspectors) and contractors on proper 

spill prevention, containment, and response techniques and procedures. The 

training shall include how to prevent a spill, recognize and quickly assess the 

nature of a spill, contain a spill, and promptly report hazardous material and 

chemical spills to the appropriate authority. 

The plan shall include the following: a description of the topics to be covered; a 

description of the personnel and contractors targeted for training; the methods 

and materials to be used for the training; identification of the staff / 

department(s) / outside entities who will perform the training; the method for 

documenting the training activities; and the annual schedule for the training. 

The plan shall address comprehensive training for new personnel and refresher 

training for current personnel. 

BCEPGMD to 

prepare the plan 

and do training 

based on staff sent 

by BCPWD and 

PARTIES 


training activities, 



and contractors 

trained (both inhouse 

and outside 

training), in each 

ANNUAL 

REPORT. 

34



7. d.) Illicit Discharges and Improper Disposal Spill Prevention and Response. 

PERMITTEE(S) 

ACTIVITY 

A single plan may address all the training required per Parts III.A.6, III.A.7.c, 

III.A.7.d and III.A.9.c of the permit. 


permit issuance, and be reviewed annually and updated as needed to reflect 

changes in procedures, techniques, or staffing. Refresher training shall be 

provided annually. 

INTERLOCAL 

RESPONSIBILIT 

REPORTING 

REQUIREMENT 

Maintain documentation of the training activities, including the date of the 

training, the type of training, the topic(s) covered, and the names and affiliations 

of the participants. 

Broward County 

Continue to maintain the Broward County 24-hour emergency response hotline 

to provide assistance in cases of hazardous waste clean-up, emergency chemical 

spills, and un-permitted discharges and connections to the MS4. 

BCEPGMD 


of hazardous waste 

clean-up and 

emergency 

chemical spill calls 

received in each 

ANNUAL 

REPORT. 

35



7. e.) Illicit Discharges and Improper Disposal Public Reporting. 

PERMITTEE(S) 

ALL 

Except 

FDOT District 

Four 

and 


Turnpike 

Enterprise 

ACTIVITY 

During Year 1 of the permit, develop and implement a written public education 

and outreach program plan to promote, publicize, and facilitate public reporting 

of the presence of illicit discharges and improper disposal of materials into the 

MS4. The permittee shall also disseminate information on the problems 

associated with illicit discharges, illicit connections and improper disposal, how 

to identify them, and how to report incidents discovered. 

As part of this program, the permittee shall continue to maintain a phone line for 

public reporting of suspected illicit discharges and improper disposal, and 

publicize the existence of this number on a routine basis. Broward shall continue 

to maintain the 24-Hour Broward County pollution complaint hotline for citizen 

reporting of suspected illicit discharges and improper disposal. 

If a permittee relies on the 24-Hour Broward County hotline as its telephone line 

for citizen reporting, the permittee shall publicize the existence of the 24-Hour 

Broward County pollution complaint hotline number on a routine basis. 

The plan shall also include the following: the goals and objectives of the 

program; the topics to be addressed; a description of the target audience(s); a 

description of the activities and materials (including clarification of which topics 

are to be addressed by each) to be employed to reach each target audience and an 

explanation of why those particular activities / materials were chosen; the 

percentage of each target audience expected to be reached by each activity / 

material; the methods for distribution of the outreach materials; the annual 

schedule for the activities; the method for documenting the outreach activities; 

identification of the staff / department(s) / outside entities responsible for 

performing the outreach activities; a description of the resources allocated to 

implement the plan; and the method for assessing changes in public awareness 

INTERLOCAL 

RESPONSIBILI 

BCEPGMD 

BCEPGMD 

PARTIES 

BCEPGMD 

REPORTING 

REQUIREMENT 

In each ANNUAL 

REPORT, report on the 

public education and 

outreach activities that 

are performed or 

sponsored by the 


permittee’s jurisdiction 

to encourage the public 

reporting of suspected 

illicit discharges and 

improper disposal of 

materials, including the 

type and number of 

activities conducted, the 

type and number of 

materials distributed, the 

percentage of the 

population reached by 

the activities in total, 

and the number of Web 

site visits (if applicable). 

36



7. e.) Illicit Discharges and Improper Disposal Public Reporting. 

PERMITTEE(S) 

ACTIVITY 

and behavior resulting from the implementation of the program. 



jurisdictions covered by the agreement. 

A single plan may address all three of the required public education and outreach 

topics per Parts III.A.6, III.A.7.e and III.A.7.f of the permit. 



Maintain documentation of the type and number of public education and outreach 

activities conducted, the type and number of materials distributed, the percentage 

of the population reached by the education and outreach activities in total, and 

the number of Web site visits (if applicable). 

INTERLOCAL 

RESPONSIBILI 

REPORTING 

REQUIREMENT 

37



7. f.) Illicit Discharges and Improper Disposal Oils, Toxics, and Household Hazardous Waste Control. 

PERMITTEE(S) 

ACTIVITY 

INTERLOCAL 

RESPONSIBILIT 

During Year 1 of the permit, develop and implement a written public education 

and outreach program plan to encourage the proper use and disposal of used motor 

vehicle fluids, leftover hazardous household products, and lead acid batteries. On 

a routine basis, inform the public of the locations of collection facilities for these 

materials, including a description of the types of materials accepted and the hours 

of operation. The outreach program could include an activity such as the 

stenciling / marking of municipally-owned storm sewer inlets, and providing 

information through the Internet, utility bill inserts, brochures, flyers, PSAs, 

presentations, etc. 

ALL 

Except 


and 



The plan shall also include the following: the goals and objectives of the program; 

the topics to be addressed; a description of the target audience(s); a description of 

the activities and materials (including clarification of which topics are to be 

addressed by each) to be employed to reach each target audience and an 

explanation of why those particular activities / materials were chosen; the 

percentage of each target audience expected to be reached by each activity / 

material; the methods for distribution of the outreach materials; the annual 

schedule for the activities; the method for documenting the outreach activities; 

identification of the staff / department(s) / outside entities responsible for 

performing the outreach activities; a description of the resources allocated to 

implement the plan; and the method for assessing changes in public awareness and 

behavior resulting from the implementation of the program. 

If these activities are conducted by a permittee under a contractual agreement with 

another permittee, one plan may be developed for all the permittee jurisdictions 

covered by the agreement. 

A single plan may address all three of the required public education and outreach 

BCEPGMD will 

work with BCPWD 

REPORTING 

REQUIREMENT 

In each ANNUAL 

REPORT, report on 

the public education 

and outreach activities 

that are performed or 

sponsored by the 


permittee’s jurisdiction 

to encourage the 

proper use and 

disposal of oils, toxics, 

and household 

hazardous waste, 

including the type and 

number of activities 

conducted, the type 

and number of 

materials distributed, 

the amount of waste 

collected / recycled / 

properly disposed, the 

percentage of the 

population reached by 

the activities in total, 


Web site visits (if 

applicable). 

38



7. f.) Illicit Discharges and Improper Disposal Oils, Toxics, and Household Hazardous Waste Control. 

PERMITTEE(S) 

ACTIVITY 

INTERLOCAL 

RESPONSIBILIT 

topics per Parts III.A.6, III.A.7.e and III.A.7.f of the permit. 

REPORTING 

REQUIREMENT 



Maintain documentation of the type and number of public education and outreach 

activities conducted, the type and number of materials distributed, the amount of 

waste collected / recycled / properly disposed, the percentage of the population 

reached by the education and outreach activities in total, and the number of Web 

site visits (if applicable). 

39



7. g.) Illicit Discharges and Improper Disposal Limitation of Sanitary Sewer Seepage. 

PERMITTEE(S) 

ALL 

Except 


and 



ACTIVITY 


procedures to reduce or eliminate sanitary wastewater contamination into the 

MS4, including discharges to the MS4 from sanitary sewer overflows (SSOs) and 

from inflow / infiltration from collection / transmission systems and / or septic 

tank systems.* 



procedures in place, they shall be developed and implemented within 12 months of 

the date of permit issuance.) 

INTERLOCAL 

RESPONSIBILI 

BCPWD&PARTI 

ES 

REPORTING 

REQUIREMENT 

Report on the type 

and number of 

activities undertaken 

to reduce or eliminate 

SSOs and inflow / 

infiltration, the 

number of SSOs or 

inflow / infiltration 

incidents found and 

the number resolved, 

and the name of the 

owner of the sanitary 

sewer system within 

the permittee’s 

jurisdiction, in each 


Advise the appropriate utility owner of a violation if constituents common to 

wastewater contamination are discovered in the permittee’s MS4. 

Maintain documentation of the SSOs and inflow/ infiltration incidents addressed. 

BCEPGMD and 

PARTIES 

40



8. a.) Industrial and High Risk Runoff Identification of Priorities and Procedures for Inspections. 

INTERLOCAL 

PERMITTEE(S) 

ACTIVITY 

RESPONSIBILIT 

REPORTING 

REQUIREMENT 

ALL 

Continue to maintain an up-to-date inventory of all existing high risk facilities 

discharging into the permittee’s MS4. The inventory shall identify the outfall 

and surface water body into which each high risk facility discharges. For the 

purposes of this permit, high risk facilities include: 


hazardous waste treatment, storage, disposal and recovery facilities; 

facilities that are subject to EPCRA Title III, Section 313 (also known 

as the Toxics Release Inventory (TRI) maintained by the U.S. EPA); 

and 

any other industrial or commercial discharge that the permittee 

determines is contributing a substantial pollutant loading to the 

permittee’s MS4. This could include facilities identified through the 

proactive inspection program as per Part III.A.7.c of the permit. 

BCEPGMD 

Report on the high 

risk facilities 

inventory, 

including the type 

and total number 

of high risk 

facilities and the 

number of 

facilities newly 

added each year, in 

each ANNUAL 

REPORT. 

41




PERMITTEE(S) 

ACTIVITY 

INTERLOCAL 

RESPONSIBILIT 

During Year 1 of the permit, develop and implement a written plan for 

conducting inspections of high risk facilities to determine compliance with all 

appropriate aspects of the stormwater program (e.g., no illicit discharges / 

connections / dumping, compliance with local stormwater regulation 

requirements, coverage under the Department’s NPDES Multi-Sector Generic 


621.300(5), F.A.C.), referred to as the MSGP). 

REPORTING 

REQUIREMENT 

ALL 

Except 


and 



The plan shall include the following: procedures for prioritizing the inventoried 

facilities for inspection; an annual inspection schedule (that includes the order, 

frequency and timing of inspections); procedures for conducting the site 

inspections (including confirming whether a facility has coverage under the 

MSGP, if applicable); procedures for addressing discharges to the MS4 that are 

not in compliance; procedures for documenting the inspections and any 

enforcement activities (including use of a standard form / report); identification 

of the staff / department(s) / outside entities responsible for performing the 

inspections and the enforcement activities; a schedule for the training of the 

inspectors as per Part III.A.7.c of the permit; and a description of the resources 

allocated to implement the plan. 

If the high risk inspections are conducted by a permittee under a contractual 

agreement with another permittee, one plan may be developed for all the 

permittee jurisdictions covered by the agreement. 

BCEPGMD 

Report on the high 

risk facilities 

inspection 


the number of 

inspections 

conducted, and the 

number and type 


actions taken, in 

each ANNUAL 

REPORT. 



While the permittee may determine the order and frequency of the inspections, 

42




PERMITTEE(S) 

ACTIVITY 

INTERLOCAL 

RESPONSIBILIT 

the permittee shall inspect each identified facility at least once during the 

permit term; however, facilities identified as high risk due to the findings of the 

proactive inspection program as per Part III.A.7.c of the permit shall be 

inspected annually. In addition, inspections must be conducted even if the 

facility has coverage under an NPDES stormwater permit. 

REPORTING 

REQUIREMENT 

In the event that the inspection identifies conditions or activities that are in 

violation of local codes and ordinances, the permittee shall implement the 

necessary enforcement to prevent the discharge of pollutants to the MS4. 






Maintain documentation of the high risk inspections scheduled and performed, 

including the date of the inspection, findings of the inspection, type of illicit 

discharge(s) found, type of enforcement action(s) taken, date of verification of 

elimination, and any non-permitted MSGP facility referrals completed. 

43



8. b.) Industrial and High Risk Runoff Monitoring for High Risk Industries. 

PERMITTEE(S) 

ACTIVITY 

INTERLOCAL 

RESPONSIBILI 

REPORTING 

REQUIREMENT 

ALL 

Except 


and 


Turnpike 

Enterprise 

Sampling of the discharge to the stormwater system may be required on an asneeded 

basis in the event that inspections of high-risk facilities disclose suspected 

illicit discharges to the MS4. New high-risk industrial facilities as defined in 40 

CFR 122.26(d)(2)(iv)(C) must be evaluated to determine if the new discharge is 

contributing a substantial pollutant load to the MS4. The evaluation may include 

site-specific sampling. 

Maintain documentation of the sampling activities. 

BCEPGMD 


of high risk 

facilities sampled in 

each ANNUAL 

REPORT. 

44



9. a.) Construction Site Runoff Site Planning and Non-Structural & Structural Best Management Practices. 

INTERLOCAL 

PERMITTEE(S) 

ACTIVITY 

RESPONSIBILIT 

REPORTING 

REQUIREMENT 

ALL 

Except 


and 



Continue to implement the local codes or land development regulations and the 

written pre-construction site plan review procedures that require the use and 

maintenance of appropriate structural and non-structural erosion and 

sedimentation controls during construction to reduce the discharge of pollutants 

to the MS4.* Consider innovative structural and non-structural BMPs and new 

technologies as they evolve for use on permittee projects. 

Maintain documentation of the pre-construction site plan review activity. 





PARTIES for local 

ordinances, and 

BCEPGMD and 

BCPWD for County 

regulations 


permittee and private preconstruction 

site plans 

reviewed for stormwater, 

erosion, and 

sedimentation controls, 

and the number approved, 

in each ANNUAL 

REPORT. 

45




INTERLOCAL 

PERMITTEE(S) 

ACTIVITY 

RESPONSIBILIT 

REPORTING 

REQUIREMENT 

ALL 

Except 


and 




procedures to notify all new development / redevelopment permit applicants of 

the need to obtain all required stormwater permits including but not limited to, 

the Environmental Resource Permit (ERP) from the South Florida Water 

Management District or DEP Southeast District Office, and the Department’s 

NPDES Generic Permit for Stormwater Discharge from Large and Small 

Construction Activities (Rule 62-621.300(4), F.A.C.), referred to as the CGP, as 

applicable.* 

During Year 1 of the permit, as part of the local site plan review and approval 

process, develop and implement written procedures, such as checklist 

requirements, to assure that the ERP and the CGP have been obtained, as 

applicable, prior to issuing any local grading or clearing permits or approvals. 

The procedures shall be developed and implemented within 12 months of the 

date of permit issuance. 

Maintain documentation of the notifications of the ERP and CGP, and of the 

confirmations of ERP and CGP coverage. 

BCEPGMD and 

PARTIES 

Report the number of new 

development / 

redevelopment permit 

applicants notified of the 

ERP and CGP, and the 

number of applicants who 

confirmed ERP and CGP 

coverage, in each 




notification procedures in place, they shall be developed and implemented 

within 12 months of the date of permit issuance.) 

46




PERMITTEE(S) 

ACTIVITY 

INTERLOCAL 

RESPONSIBILIT 

In Year 1 of the permit, develop and implement the legal authorities necessary to 

carry out all inspection, surveillance and monitoring procedures to determine 

compliance with local codes, regulations, and permits regarding stormwater 

erosion and sedimentation controls for construction activities / sites. This 

includes the legal authority to take legal action to eliminate violations. 

REPORTING 

REQUIREMENT 


Develop a report that identifies the specific ordinance, permit, covenant, 

contract, order, inter-jurisdictional agreement, etc. that provides the necessary 

legal authority to: 

a. Conduct inspection, surveillance, and monitoring activities on 

construction sites; 

b. Require compliance with conditions in ordinances, permits, contracts or 

orders; and 

c. Take enforcement actions to eliminate violations. 

Develop and implement written procedures for a pre-construction site plan 

review program that allows the permittee to require construction site planning 

and review prior to permitting, and require the use of stormwater, erosion, and 

sedimentation control BMPs during construction to reduce pollutants to the MS4 

and receiving waters. Include procedures to notify all new development / 

redevelopment permit applicants of the need to obtain all required stormwater 

permits including but not limited to, the Environmental Resource Permit (ERP) 

from the South Florida Water Management District or DEP Southeast District 

Office, and the Department’s NPDES Generic Permit for Stormwater Discharge 

from Large and Small Construction Activities (Rule 62-621.300(4), F.A.C.), 

referred to as the CGP, as applicable. Ensure that the ERP and the CGP have 

been obtained, as applicable, prior to issuing any local grading or clearing 

permits or approvals. 


Provide the legal 

authority report and 

copies of the applicable 

legal authorities and the 

written procedures for 

pre-construction site plan 

reviews in the Year 1 


47



9. b.) Construction Site Runoff Inspection and Enforcement. 

PERMITTEE(S) 

ALL 

ACTIVITY 

As an attachment to the Year 1 ANNUAL REPORT, the permittee shall submit a 

written plan that details the standard operating procedures for implementation of 

the stormwater, erosion and sedimentation inspection program for construction 

sites discharging stormwater to the MS4. The plan shall apply to both permitteeoperated 

and privately-operated construction projects discharging into the 

permittee’s MS4, unless the permittee does not have the ability to obtain the 

legal authority to inspect privately-operated sites. For FDOT District Four and 

FDOT Florida’s Turnpike Enterprise, privately-operated sites are those sites 

within FDOT’s right-of-way that were issued a Drainage Connection Permit 

(DCP), in accordance with Rule 14-86, F.A.C., and the inspections are outfall 

inspections, not site inspections.The plan shall cover all aspects of the 

construction site inspection program performed by the permittee including the 

following: 

1. The timing of the construction site inspections. The inspections shall occur at 

multiple phases of construction, and at all phases determined as necessary 

and appropriate as per the approved site plan. At a minimum, inspections 

shall occur at least once prior to land disturbance to ensure that BMPs have 

been properly installed, at least once during active construction, and at the 

conclusion of active construction, unless otherwise justified by the permittee 

within the written plan and approved by the Department. 

2. A prioritization and frequency schedule for the construction site inspections. 

The prioritization schedule must clearly identify the priorities for selecting 

sites to be inspected and the site inspection frequencies deemed by the 

permittee to be appropriate to provide protection from pollutant discharges to 

the MS4 and surface waters to the maximum extent practicable. The priority 

INTERLOCAL 


BCEPGMD for 

unincorporated area 

and PARTIES in their 

jurisdiction 

REPORTING 

REQUIREMENT 


construction site 


plan with the Year 1 


Report on the 

inspection program for 

privately-operated and 

permittee-operated 

construction sites, 

including the number of 

active construction sites 

during the reporting 

year, the number of 

inspections of active 

construction sites, the 

percentage of active 

construction sites 

inspected, and the 

number and type of 

enforcement actions / 

referrals taken, in each 


48




PERMITTEE(S) 

ACTIVITY 

order and inspection frequencies shall be based on the following criteria: 

a. Construction site size. Larger sites (as determined by the permittee) shall 

be inspected more frequently. 

b. Water body status. Sites that discharge to impaired waters or sensitive 

waters shall be inspected more frequently. 

c. Significance of adverse water quality impacts. Sites that have been 

determined by the permittee to be a significant threat to water quality 

shall be inspected more frequently. An evaluation of the site’s threat to 

water quality shall include consideration of factors such as the site’s 

proximity to receiving waters and adjacent wetlands, its slopes, its soil 

characteristics, its need to be dewatered, history of non-compliance by 

site operators, and public complaints. This evaluation shall be performed 

during the pre-construction site plan review as per Part III.A.9.a of this 

permit. 

d. Seasonality and rainfall. Sites with construction occurring during the wet 

season or sites where rains greater than one inch occur shall be inspected 

more frequently. 

e. Historical inspection considerations. The permittee may use knowledge 

gained from past implementation of the construction site inspection 

program to further establish priorities and inspection frequencies. 

f. Other criteria as determined by the permittee. 

INTERLOCAL 


REPORTING 

REQUIREMENT 

49




PERMITTEE(S) 

ACTIVITY 

3. A list of the SOPs that detail the procedures that will be followed when 

conducting an inspection. This shall include examples of the following 

methods to be used for tracking the construction site inspections: (1) a 

construction site inspection checklist, which includes appropriate stormwater 

management and water quality inspection items that will be used to 

standardize the inspection process; and (2) a summary log of all the 

inspections (including the site name and location, site operator, date of 

inspection, summary of the inspection findings, any enforcement actions or 

referrals, and name of inspector) to demonstrate the history of the activities 

for each site for each reporting year and to verify that the sites are inspected 

at no less than the minimum frequency as described in the permittee’s plan. 

4. A description of the procedures, and all available enforcement measures 

(e.g., Stop Work Orders, Notices of Violation, citations, fines), used to 

ensure compliance with the permittee’s regulatory requirements for 

construction sites. This shall include procedures the permittee will follow to 

assure that corrective actions are taken where approved erosion and 

sedimentation control BMPs and permit conditions are not being met. It also 

shall include an example of the method used for tracking the date and type of 

all follow-up enforcement actions taken based upon the construction site 

inspection findings. Finally, the procedures shall include how the permittee 

will notify other appropriate jurisdictional authorities if possible permit 

violations are found during an inspection. 

The permittee shall implement the plan for inspecting construction sites 

immediately upon written approval by the Department. Prior to Department 

approval, the permittee shall continue to perform inspections in accordance with 

its previously developed construction site inspection procedures. 

INTERLOCAL 


REPORTING 

REQUIREMENT 

50



9. c.) Construction Site Runoff – Site Operator Training 

PERMITTEE(S) 

ALL 

ACTIVITY 

During Year 1 of the permit, develop and implement a written plan for 

stormwater training / outreach for construction site plan reviewers, site 

inspectors and site operators. Provide training for permittee personnel 

(employed by or under contract with the permittee) involved in the site plan 

review, inspection or construction of stormwater management, erosion, and 

sedimentation controls. Also provide training for private construction site 

operators. All permittee inspectors (employed by or under contract with the 

permittee) of construction sites shall be certified through the Florida 

Stormwater, Erosion, and Sedimentation Control Inspector Training program, or 

an equivalent program approved by the Department. 

The plan shall include the following: a description of the topics to be covered; a 

description of the personnel, contractors and private construction site operators 

targeted for training; the methods and materials to be used for the training; 

identification of the staff / department(s) / outside entities who will perform the 

training; the method for documenting the training activities; and the annual 

schedule for the training. The plan shall address comprehensive training for new 

personnel and refresher training for current personnel. 

A single plan may address all the training required as per Parts III.A.7.c, 

III.A.7.d and III.A.9.c of the permit. The plan shall be developed and 

implemented within 12 months of the date of permit issuance, and be reviewed 

annually and updated as needed to reflect changes in procedures, techniques, or 

staffing. Refresher training shall be provided annually. Maintain documentation 

of the training activities, including the date of the training, the type of training, 

the topic(s) covered, and the names and affiliations of the participants. 

INTERLOCAL 


BCEPGMD 

REPORTING 

REQUIREMENT 


training activities, the 

number of inspectors, 

site 

plan reviewers and site 

operators trained (both 

in-house and outside 

training), and the 

number of private 

construction 

site operators trained 

by the permittee, in 

each ANNUAL 

REPORT. 

51


MONITORING REQUIREMENTS 

A. Annual Loadings and Event Mean Concentrations. 

PERMITTEE(S) 

All 

ACTIVITY 

The permittees shall provide estimates of the annual pollutant load 

and of the event mean concentration for the constituents listed in 

Table V.A.1 Parameters for each “major outfall” or “major 

watershed” within the MS4. 

Based on the comparison the EMCs, permittees shall 

indicatewhether pollutant loadings are increasing or decreasing for 

each major outfall ormajor watershed. This information shall be 

used in evaluating the effectivenessof each permittee’s SWMP as 

required by Parts V.B.1 and VI.B.2 of this permit. 

If the total annual pollutant loadings have not decreased over the 

past two permit cycles, each permittee shall re-evaluate its SWMP 

and identify. Submit revisions to its SWMP, as appropriate, to 

reduce pollutant loadings, especially to impaired waters, in the Year 

4 ANNUAL REPORT. 

INTERLOCAL 


BCEPGMD 

BCEPGMD 

BCEPGMD and 

BCPWD for 

unincorporated area 

and PARTIES for 

their jurisdiction 

REPORTING 

REQUIREMENT 

The estimates of annual 

pollutant loadings and EMCs 

shall be included in the 

ANNUAL REPORT for Year 3 

of the permit. The permittees 

shall include in the Year 3 

ANNUAL REPORT a table 

comparing the current 

calculated annual pollutant 

loadings with those from the 

previous two Year 3 ANNUAL 

REPORTS, and shall specify 

the source of the EMCs and 

data used for each of the three 

calculations. 

Provide in Year 3 Annual 

Report 

Submit revisions to its SWMP, 

as appropriate, to reduce 

pollutant loadings, especially to 

impaired waters, in the Year 4 


52


MONITORING AND REPORTING REQUIREMENTS 

A. Monitoring Program. 

PERMITTEE 

All 

ACTIVITY 

The existing monitoring plan shall continue to be implemented 

by the permittees upon issuance of the permit. 

Submission of the Monitoring Plan for Review: The permittees 

shall submit a copy of the existing Monitoring Plan, including 

any suggested changes to improve the plan, as an attachment to 

the Year 4 ANNUAL REPORT. 

c. Based on an analysis of the monitoring results, identify any 

areas or drainage basins within the boundaries of the MS4 that 

should be targeted for corrective action(s). If applicable, specify 

what corrective actions should be completed and a timetable for 

implementation. Corrective action(s) include but are not limited 

to retrofits, structural BMPs, and non-structural BMPs (e.g., 

public education, street sweeping); and 

a. Include any requested changes and the rationale for each 

change; 

b. Identify any additional monitoring that needs to be completed 

to assist in the evaluation of the effectiveness of the SWMP; 

c. Based on an analysis of the monitoring results, identify any 

areas or drainage basins within the boundaries of the MS4 that 

should be targeted for corrective action(s). If applicable, specify 

what corrective actions should be completed and a timetable for 

implementation. Corrective action(s) include but are not limited 

to retrofits, structural BMPs, and non-structural BMPs (e.g., 

public education, street sweeping); 

INTERLOCAL 


BCEPGMD 

BCEPGMD will work 

with PARTIES 

BCEPGMD 

BCEPGMD 

BCEPGMD will work 

with PARTIES 

REPORTING 

REQUIREMENT 

Date of the issuance of the 

permit 

Year 4 Annual Report should 

include existing monitoring 

plan and suggested changes to 

improve the plan. 

53


MONITORING AND REPORTING REQUIREMENTS 

A. Monitoring Program. 

PERMITTEE 

ACTIVITY 

d. Based on an analysis of the monitoring results, identify any 

evidence of water quality and / or pollutant loading 

improvements or degradation over the permit period or a 

statement indicating that the results are inconclusive. 

Reporting and Assessment of Monitoring Results: Each 

ANNUAL REPORT shall include a monitoring summary. 

Specifically, the monitoring summary shall: 

a. Provide a summary of the monitoring data from the reporting 

year; and 

b. Provide a long-term assessment of water quality and / or 

pollutant loading improvements or degradation based on data 

gathered and analyzed as a result of the monitoring program. For 

the purposes of the annual report monitoring summary, “longterm” 

can be defined by the permittees (e.g., 5-years, 10-years, 

15-years, etc.). 

INTERLOCAL 


BCEPGMD 

BCEPGMD 

. 

REPORTING 

REQUIREMENT 

54


REPORTING REQUIREMENTS 

A. Annual Report: Reporting Period and Due Date 

PERMITTEE 

All 

ACTIVITY 

Each permittee shall prepare an ANNUAL REPORT to be 

submitted by no later than six months following the period 

covered by the report. The ANNUAL REPORT shall cover the 

12-month period beginning on the date of issuance of this permit 

and annually thereafter. 

If a permittee relies on Broward County to conduct any permit 

requirements on its behalf, the permittee shall obtain (and, upon 

request, Broward County shall make available) the necessary 

annual report information from the County. 

INTERLOCAL 


BCEPGMD and 

PARTIES 

BCEPGMD will 

provide the 

information to the 

PARTIES 

REPORTING 

REQUIREMENT 

Submitted to DEP by permittee 

no later than six months 

following the period covered 

by the report 

The data will be included in the 

Annual Repot by each 

permittee per the DEP 

requirements 

55

INTERLOCAL AGREEMENT AMONG BROWARD COUNTY AND PARTIES 

CONCERNING THE THIRD FIVEYEAR NPDES MS4 PERMIT NO.FLS000016003 

Attachment B 

Financial Contribution for Each Party by Year 

Party 

2010 

Population 

December 

1st, 2012 

December 

1st, 2013 

December 

1sr, 2014 

December 

1st, 2015 

Coconut Creek 52,909 $10,124 $10,377 $10,636 $10,902 

Cooper City 28,547 $5,738 $5,882 $6,029 $6,180 

Coral Springs 121,096 $22,397 $22,957 $23,531 $24,119 

Dania Beach 29,639 $5,935 $6,083 $6,235 $6,391 

Davie 91,992 $17,159 $17,588 $18,027 $18,478 

Deerfield Beach 75,018 $14,103 $14,456 $14,817 $15,188 

Hallandale 37,113 $7,280 $7,462 $7,649 $7,840 

Lauderdale‐by‐the‐Sea 6,056 $1,690 $1,732 $1,776 $1,820 

Lauderdale Lakes 32,593 $6,467 $6,628 $6,794 $6,964 

Lauderhill 66,887 $12,640 $12,956 $13,280 $13,612 

Lighthouse Point 10,344 $2,462 $2,523 $2,587 $2,651 

Margate 53,284 $10,191 $10,446 $10,707 $10,975 

Miramar 122,041 $22,567 $23,132 $23,710 $24,303 

North Lauderdale 41,023 $7,984 $8,184 $8,388 $8,598 

Oakland Park 41,363 $8,045 $8,246 $8,453 $8,664 

Parkland 23,962 $4,913 $5,036 $5,162 $5,291 

Pembroke Park 6,102 $1,698 $1,741 $1,784 $1,829 

Pembroke Pines 154,750 $28,455 $29,166 $29,896 $30,643 

Plantation 84,955 $15,892 $16,289 $16,696 $17,114 

Pompano Beach 99,845 $18,572 $19,036 $19,512 $20,000 

Southwest Ranches 7,345 $1,922 $1,970 $2,019 $2,070 

Sunrise 84,439 $15,799 $16,194 $16,599 $17,014 

Tamarac 60,427 $11,477 $11,764 $12,058 $12,359 

Weston 65,333 $12,360 $12,669 $12,986 $13,310 

West Park 14,156 $3,148 $3,227 $3,307 $3,390 

Wilton Manors 11,632 $2,694 $2,761 $2,830 $2,901 

BCPWD 16,357 $3,544 $3,633 $3,724 $3,817 

Total 1,439,208 $275,257 $282,139 $289,192 $296,422 

Year 2012 cost is based on flat fee of $600 per municipality plus $0.18 per capita, based on 2010 

Census data and 2.5% increase each year 

Data source: 2010 Census, Redistricting Data, Table P1. 

Data provided by: Broward County Planning and Redevelopment Division, 4/18/2011



From: Patrick Cann, Director of Leisure Services 

Prepared by: Bridgette Pierce, Recreation Coordinator 

(a) Subject: Resolution No. 3809 approving an agreement with Chris Phillips and 

Ken DiGenova for a beginner Square Dance Class. 

(b) City Manager Recommendation: Recommend approval. 

(c) Report In Brief: Approval of the proposed agreement authorizes the City to 

partner with Chris Phillips and Ken DiGenova to start a new Square Dance 

class. 

(d) Discussion: The Agreement provides a beginner Square Dance Class, 

where seniors are given the opportunity to participate in an activity that 

promotes healthy living in a variety of ways. It is great exercise and mentally 

stimulating. To graduate from a mainstream class (the first level), participants 

will have learned about 60 different steps. Dancing is also a great social 

activity. 

(e) Strategic Plan Consistency: Establishing an agreement with Chris Phillips 

and Ken DiGenova will instruct seniors on the fundaments of a variety of 

dance movements throughout the year. The experience that the seniors with 

gain will last forever and it supports Goal 6: Quality City Services, Valued by 

our Citizens, Objective 5; Services provided in the most cost-effective 

manner. 

(f) Concurrences: Finance Department 

(g) Fiscal Impact: The City of Wilton Manors will receive 20% of all fees 

collected. 

(h) Alternatives: None recommended 

(i) Attachments: Resolution No. 3809; Agreement



MEMORANDUM 

TO: 

FROM: 





SUBJECT: 

Wilton Manors “City of”/General Matters – Resolution 3809, Approving and 

Authorizing the Proper City Officials to Execute an Agreement with Ken 

Digenova and Chris Phillips to Provide Square Dancing Professional Services at 

Hagen Park and Island City Park Preserve 


Agenda, please find Resolution 3809, Approving and Authorizing the Proper City Officials to 

Execute an Agreement with Ken Digenova and Chris Phillips to Provide Square Dancing 

Professional Services at Hagen Park and Island City Park Preserve. 

The Agreement is also attached hereto. Should you require any additional information, 

please contact me. 

KLE:bp 

Enclosure 


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MANORS TO EXECUTE AN AGREEMENT WITH KEN DIGENOVA 

AND CHRIS PHILLIPS TO PROVIDE SQUARE DANCING 

PROFESSIONAL SERVICES AT HAGEN PARK AND ISLAND CITY 

PARK PRESERVE; PROVIDING FOR CONFLICTS; PROVIDING 




Agreement with Ken DiGenova and Chris Phillips to provide square dancing professional 

services at Hagen Park and Island City Park Preserve. 



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approves the terms and conditions of the Agreement with Ken DiGenova and Chris Phillips to 

provide square dancing professional services at Hagen Park and Island City Park Preserve, 

said Agreement having been submitted for consideration to the City Commission in written 

form, a copy of which is attached hereto and made a part hereof. 

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ATTEST: 


By:________________________________ 



__________________ MAYOR RESNICK _____ 






______________________________ 


CITY ATTORNEY 


_____ 

H:\_GOV CLIENTS\WM 2976\_920129 GM\RESO.12\3809(Agreement Ken DiGenova & Chris Phillips for square dancing) 07.10.12 

mtg .doc 

Page 2 of 2



From: 

Prepared by: 

Patrick Cann, Leisure Services Director 

Wayne Sheppard, Special Projects & Grants Coordinator 

(a) Subject: Resolution 3810- Authorizing execution of the 36th Year CDBG Funding Agreement 

with Broward County. 


(c) Report In Brief: Approval of Resolution No. 3810 authorizes the execution of a funding 

agreement with Broward County in the amount of $154,578 under the 36th Year CDBG program 

(d) Discussion: The City was awarded $154,578 under the 36th Year CDBG program for the 

acquisition of real property located at 811 N.E. 28 th Street. No City match is required. 

Resolution No. 3664, approved February 22, 2011, authorized the application to Broward County 

for this project. The purchase of this property by the City was closed in June, 2011. This 

agreement provides for reimbursement of all acquisition costs incurred by the City. 

(e) Strategic Plan Consistency: Acquisition of the property located at 811 N.E. 28 th Street 

supports Goal 1 by providing a “Sustainable Urban Village” and providing for livable 

neighborhoods and Goal 6, Objective 4, “well maintained City facilities and infrastructure”. 

(f) Concurrences: Finance Director 

(g) Fiscal Impact: Grant revenue of $154,578. No City match is required 


None Recommended 

(i) Attachments: Resolution No. 3810 

(ii) , Funding Agreement



MEMORANDUM 

TO: 

FROM: 





SUBJECT: 

Wilton Manors “City of”/General Matters – Resolution 3810, Approving and 

Authorizing the Proper City Officials to Execute a Funding Agreement with 

Broward County Providing for Funding and Administration of 36 th Year 

Community Development Block Grant Programs for Acquisition of Property 

and Upgrading for Island City Park Reserve in the amount of $154,578 


Agenda, please find Resolution 3810, Approving and Authorizing the Proper City Officials to 

Execute a Funding Agreement with Broward County Providing for Funding and Administration 

of 36 th Year Community Development Block Grant Programs for Acquisition of Property and 

Upgrading for Island City Park Reserve in the amount of $154,578. 



KLE:bp 

Enclosure 

C:\Documents and Settings\pstaples\Local Settings\Temporary Internet Files\OLKA7\3810.doc

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RESOLUTION NO. 3810 


WILTON MANORS, FLORIDA, APPROVING AND 

AUTHORIZING THE PROPER CITY OFFICIALS OF THE CITY 

OF WILTON MANORS, FLORIDA TO EXECUTE A FUNDING 

AGREEMENT WITH BROWARD COUNTY PROVIDING FOR 

FUNDING AND ADMINISTRATION OF 36 th YEAR COMMUNITY 

DEVELOPMENT BLOCK GRANT PROGRAMS FOR 

ACQUISITION OF PROPERTY AND UPGRADING FOR ISLAND 

CITY PARK PRESERVE, IN THE AMOUNT OF $154,578.00; 

PROVIDING FOR CONFLICTS; PROVIDING FOR 


WHEREAS, the City Commission of Wilton Manors deems it beneficial to 

execute an Agreement with Broward County providing for Funding and Administration of 

36 th Year Community Development Block Grant Programs for Acquisition of Property and 

Upgrading for Island City Park Preserve in the amount of $154,578.00. 

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 

OF THE CITY OF WILTON MANORS, FLORIDA, THAT: 

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Section 1. 

The “WHEREAS" clause set forth above is true and correct and 

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incorporated herein by this reference. 

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Section 2. 

The City Commission of the City of Wilton Manors, Florida, 

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hereby approves the Agreement with Broward County providing for Funding and 

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Administration of 36 th 

Year Community Development Block Grant Programs for 

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Acquisition of Property and Upgrading for Island City Park Preserve in the amount of 

$154,578.00, a copy being attached hereto. 

Section 3. That the proper City Officials of the City of Wilton Manors be, and they 


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Section 4. All resolutions or parts of resolutions in conflict herewith, be and the 


Section 5. If any Section, sentence, clause or phrase of this Resolution is held to be 

invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in 

no way affect the validity of the remaining portions of this Resolution. 

and adoption. 

Section 6. This Resolution shall become effective immediately upon its passage 



ATTEST: 


By:________________________________ 



__________________ MAYOR RESNICK _____ 






______________________________ 


CITY ATTORNEY 


_____ 

H:\_GOV CLIENTS\WM 2976\_920129 GM\RESO.12\3810 (36th yr CDBG agreement with BC for property and upgrading for 

ICPP) 07.10.12 mtg .doc 

Page 2 of 2


MEETING DATE: July 10 2012 

From: Patrick Cann, Director of Leisure Services 

Prepared by: Wayne Sheppard, Special Projects and Grants Coordinator 

(a) Subject: Resolution 3811, Authorizing the City to execute a contract 

agreement with MBR Construction, Inc. for the construction of a new nature 

trail and small courtyard areas at Richardson Historic Park and Nature 

Preserve. 

(b) City Manager Recommendation: Recommend approval. 

(c) Report In Brief: Approval of Resolution No. 3811authorizes the execution of 

a contract with MBR Construction, Inc. in the amount of $44,219 for the 

construction of a new nature trail and small courtyard areas at Richardson 

Historic Park and Nature Preserve. 

(d) Discussion: The City was awarded $75,000 under the Broward County Land 

Stewardship Program “Parks For People” grant program for the construction 

of additional recreational amenities at Richardson Historic Park and Nature 

Preserve. These amenities include the construction of a new nature trail in the 

northwestern area of the park and small courtyard areas adjacent to the large 

pavilion and the existing courtyard between the Manor House and Carriage 

House. An Invitation To Bid was advertised for this project. Four contractors 

attended a mandatory pre-bid meeting. The only bid received was from MBR 

Construction, Inc. 

(e) Strategic Plan Consistency: The construction of additional recreational 

amenities at Richardson Historic Park and Nature Preserve supports Goal 6, 

Objective 4, “Well maintained City facilities and infrastructure”. 

(f) Concurrences: Finance Director 

(g) Fiscal Impact: Grant amount of $44,219. No matching funds are required. 

(h) Alternatives: None recommended 

(i) Attachments: Resolution No.3811, Agreement



MEMORANDUM 

TO: 

FROM: 





SUBJECT: 

Wilton Manors “City of”/General Matters – Resolution 3811 Approving and 

Authorizing the Proper City Officials to Execute an Agreement with MBR 

Construction, Inc., for Construction of a New Nature Trail and Small Courtyard 

Areas at Richardson Historic Park and Nature Preserve 


Agenda, please find Resolution 3811 Approving and Authorizing the Proper City Officials to 

Execute an Agreement with MBR Construction, Inc., for Construction of a New Nature Trail 

and Small Courtyard Areas at Richardson Historic Park and Nature Preserve. 



KLE:bp 

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MANORS TO EXECUTE AN AGREEMENT WITH MBR 

CONSTRUCTION, INC., FOR CONSTRUCTION OF A NEW 

NATURE TRAIL AND SMALL COURTYARD AREAS AT 

RICHARDSON HISTORIC PARK AND NATURE PRESERVE; 

PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; 

AND PROVIDING AN EFFECTIVE DATE. 



Agreement with MBR Construction, Inc. for construction of a new nature trail and small 

courtyard areas at Richardson Historic Park and Nature Preserve. 



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approves the terms and conditions of the Agreement with MBR Construction, Inc. for 

construction of a new nature trail and small courtyard areas at Richardson Historic Park and 

Nature Preserve, said Agreement having been submitted for consideration to the City 

Commission in written form, a copy of which is attached hereto and made a part hereof. 

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ATTEST: 


By:________________________________ 



__________________ MAYOR RESNICK _____ 






______________________________ 


CITY ATTORNEY 


_____ 

H:\_GOV CLIENTS\WM 2976\_920129 GM\RESO.12\3811 (Agmt with MBR Construction for nature trail & courtyard at Richardson 

Park) 07.10.12 mtg.doc 

Page 2 of 2



From: Joseph L. Gallegos, City Manager 

Prepared by: Same 

(a) Subject: Second Reading of Ordinance No. 1006 creating Section 2-28 of 

the City’s Code of Ordinances, establishing procedures relating to the 

filling of vacancies in the Offices of the Mayor and City Commissioners, 

should such vacancies occur during and after the close of qualifying 

periods for those Offices. 

(b) City Manager Recommendation: Recommend approval 

(c) Report In Brief: At its meeting of May 22, 2012 the Commission tabled 

consideration of the subject Ordinance after discussion relating to the 

five (5) day re-opening of qualifying. As requested, the City Clerk has 

provided the Commission with similar Code provisions from various 

cities in the County (copies attached). The City Attorney has advised 

that the subject Ordinance addresses certain gaps in the City Codes 

relating to elections and the qualifying periods for office, and that are 

required by State law. 

(d) Discussion: The Ordinance created Section 2-28 of the Code as follows: 

Sub-section (1) is created to re-open the qualifying period for an 

additional five (5) days, if by death, withdrawal or removal of a 

candidate, only one candidate remains AND the Supervisor of Elections 

has confirmed that: “there is sufficient time for a second qualifying 

period in order to permit the election to proceed on its scheduled date”. 

Sub-section (2) clarifies that if the Supervisor of Elections determines 

that there is NOT sufficient time to re-open the qualifying period prior to 

the election date, the remaining candidate will be considered unopposed 

and thus elected to the Office. 

In Sub-section (3), again if the Supervisor of Elections determines that 

there is NOT sufficient time to re-open the qualifying period, OR no 

candidate has filed and qualified; the City Commission shall within 60

days of the date when the successful candidate for that office would 

have assumed such office, appoint, by majority vote, a person “having 

the qualifications for such office”, until the next general election for 

municipal office. If the Commission fails to appoint in that 60 day 

period, a special election must be held as soon as possible (consistent 

with the requirements of the City’s Charter, Code and applicable Florida 

law). 

(e) Strategic Plan Consistency: Approval of the Ordinance would further 

Goal No. 3: Strong Community Identity and Pride; Objective No. – 5 

People working together for our Community – “Best for Wilton Manors” 

(f) Concurrences: City Attorney . 

(g) Fiscal Impact: None, unless a special election is held in the future, due 

to circumstance as detailed in Sub-section 3 of the Ordinance. A 

special election in the recent past has cost in the area of $20,000.00 

(h) Alternatives: None suggested. 

Attachments: Ordinance No. 1006; Code provisions

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ORDINANCE NO. 1006 

AN ORDINANCE OF THE CITY COMMISSION OF THE 

CITY OF WILTON MANORS, FLORIDA CREATING 

SECTION 2-28 OF THE CODE OF ORDINANCES 

ENTITLED “VACANCY IN CANDIDACY FOR CITY 

COMMISSIONER OR MAYOR”; PROVIDING FOR 

CODIFICATION; PROVIDING FOR CONFLICTS; 

PROVIDING FOR SEVERABILITY; AND PROVIDING 

FOR AN EFFECTIVE DATE. 

WHEREAS, City Staff periodically reviews its Ordinances and makes 

recommendations to the City Commission to revise its Ordinances; and 

WHEREAS, City Staff recommends that the City Commission create Section 

2-28, as more specifically set forth hereinafter; 

WHEREAS, the City Commission deems it to be in the best interest of the City 

of Wilton Manors to create Section 2-28 of the Code of Ordinances, as more 

particularly set forth hereinafter. 

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 


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Section 1: 

The foregoing “WHEREAS” clauses are hereby ratified as true 

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and correct and are incorporated herein by this reference. 

Section 2: Section 2-28 of the Code of Ordinances entitled “Vacancy in 

Candidacy for City Commissioner or Mayor” is created as follows: 

Sec. 2-28. Vacancy in candidacy for City Commissioner or Mayor. 

The following provisions shall apply in the event of a vacancy in candidacy for 

the position of City Commissioner or Mayor in the City: 

CODING: 

Words in strike through type are deletions from existing law; 

Words in underlined type are additions. 

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(1) If after the close of the qualifying period for filing as a candidate for City 

Commission , the death, withdrawal or removal of a candidate: 

a. leaves the same number of candidates as the number of seats at issue 

in the election, then those candidates will be deemed elected pursuant 

to Article IV, Section 2 of the City Charter (see also Article III A, 

Section 2 City Charter and Section 2-26 City Code), and will assume 

office on the first Tuesday following the election; 

b. leaves less than the same number of candidates as the seats at issue in 

the election, the remaining candidates shall be deemed elected 

pursuant to Article IV, Section 2 of the City Charter (see also Article 

III A, Section 2 City Charter and Section 2-26 City Code), and will 

assume office on the first Tuesday following the election. The 

remaining vacancies in candidacy shall be addressed as follows: 

i. if the Broward County Supervisor of Elections has confirmed 

that there is sufficient time for a second qualifying period in 

order to permit the election to proceed on its scheduled date, 

the qualifying period for that office shall be reopened 

following the date the vacancy occurs for a period of five (5) 

days. 

ii. if the Broward County Supervisor of Elections has confirmed 

that there is not sufficient time for a second qualifying period 

in order to permit the election to proceed on its scheduled 

date, the City Commission shall, within 60 days after the date 

when the successful candidate for City Commission would 

have assumed office pursuant to Article IV, Section 2 of the 

City Charter (see also Article III A, Section 2 City Charter 

and Section 2-26 City Code), elect by majority vote of the 

City Commission a person having the qualifications for the 

office of City Commissioner to fill the vacancy until the next 

general election for municipal office in the City pursuant to 

Article IV, Section 2 of the City Charter, at which time, the 

vacancy shall be filled for the unexpired term. If the City 

Commission fails to fill the vacancy for the unexpired term 

within such 60-day period, then a special election shall be 

held to fill the vacancy at the soonest possible time consistent 

with the requirements of the City’s Charter, Code and 

applicable Florida law. 

(2) If after the close of the qualifying period for filing as a candidate for Mayor, 

the death, withdrawal or removal of a candidate leaves only one candidate, 

then that candidate will be deemed elected pursuant to Article IV, Section 2 

of the City Charter (see also Article III A, Section 2 City Charter and 

CODING: 



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Section 2-26 City Code), and will assume office on the first Tuesday 

following the election. 

(3) If after the close of the qualifying period for filing as a candidate, the death, 

withdrawal or removal of a candidate leaves no candidate for the office of 

Mayor: 

i. if the Broward County Supervisor of Elections has confirmed 

that there is sufficient time for a second qualifying period in 

order to permit the election to proceed on its scheduled date, 

the qualifying period for that office shall be reopened 

following the date the vacancy occurs for a period of five (5) 

days. 

ii. if the Broward County Supervisor of Elections has confirmed 

that there is not sufficient time for a second qualifying period 

in order to permit the election to proceed on its scheduled 

date, the City Commission shall, within 60 days after the date 

when the successful candidate for the office would have 

assumed office pursuant to Article IV, Section 2 of the City 

Charter (see also Article III A, Section 2 City Charter and 

Section 2-26 City Code), elect by majority vote of the City 

Commission a person having the qualifications for the office 

to fill the vacancy. If the City Commission fails to fill the 

vacancy for the unexpired term within such 60-day period, 

then a special election shall be held to fill the vacancy at the 

soonest possible time consistent with the requirements of the 

City’s Charter, Code and applicable Florida law. 

Section 3: It is the intention of the City Commission, and it is hereby 

ordained that the provisions of this Ordinance shall become and be made a part of the 

City’s Code of Ordinances. 

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Section 4: 

That all ordinances and resolutions or parts of ordinances and 

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resolutions in conflict herewith, be and the same are hereby repealed, to the extent of 

such conflict. 

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Section 5: 

CODING: 

That if any clause, section or other part of this Ordinance shall be 



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held invalid or unconstitutional by any court of competent jurisdiction, the remainder of 

this Ordinance shall not be affected thereby, but shall remain in full force and effect. 

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That this Ordinance shall become effective on adoption. 

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PASSED ON FIRST READING BY THE CITY COMMISSION OF THE CITY OF 

WILTON MANORS, FLORIDA, THIS _____ DAY OF JUNE 2012. 

PASSED AND ADOPTED ON SECOND AND FINAL READING BY THE CITY 

COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA THIS ____ 

DAY OF _______________ 2012. 

ATTEST: 


By:________________________________ 



__________________ MAYOR RESNICK _____ 





approved the form of this Ordinance. 

______________________________ 


CITY ATTORNEY 


H:\_GOV CLIENTS\WM 2976\_920129 GM\ORD.12\1006 (Creating Section 2-28 of City Code vacancy in candidacy) 

1st reading, 6.26.12 mtg.doc 

_____ 

CODING: 



Page 4 of 4

DEERFIELD BEACH: 

Sec. 26-117. - Vacancy in candidacy for mayor or city commissioner. 

(a) 

(b) 

A candidate may withdraw at any time prior to the election by filing with the city clerk 

a written and executed statement, under oath, to that effect. The candidate's name 

shall then not be printed on the ballot, or, if the ballots have been printed, the city 

clerk shall undertake such measures as are within his/her control or permitted by the 

supervisor of elections to remove the candidates name from the ballot. 

Death, withdrawal or removal. 

(1) 

If the death, withdrawal or removal from the ballot of a qualified candidate or 

candidates following the end of the qualifying period results in fewer than two 

candidates for that office, and at least 45 days remain before the election, the 

qualifying period for that office shall be reopened for a certain period as 

discussed in subsection (3) below. All qualified candidates registered during 

that period shall be placed on the ballot at the general municipal election 

along with the remaining candidate. 

(2) 

If the death, withdrawal or removal from the ballot of a qualified candidate or 

candidates following the end of the qualifying period results in fewer than two 

candidates for that office, and less than 45 days remain before the election, 

that specific office shall be delayed by not less than 45 nor more than 60 

days at which time a special municipal election for that office only shall take 

place. The city clerk shall promptly advertise at least one notice of the 

rescheduled election and reopening of registration in a newspaper of general 

circulation in the City of Deerfield Beach and shall post notice of same at City 

Hall in a conspicuous place. 

(3) 

If an election is held pursuant to subsection (1) or (2) above, a supplemental 

qualifying period shall be established after notice of the vacancy has been 

published at least once in a newspaper of general paid circulation in the City 

of Deerfield Beach and notice of same has been posted at City Hall in a 

conspicuous place. Said notice shall appear no less than ten days prior to the 

first day set for qualifying for office. The supplemental qualifying period shall 

end at noon on the fifth business day after the beginning date of the 

supplemental qualifying period. Any candidate wishing to qualify during this 

supplemental qualifying period shall file all documents and qualifying fees as 

required by the City Charter or the City Code, prior to the end of the

(c) 

(d) 

supplemental qualifying period. In the case of a special election pursuant to 

subsection (2) above, the city clerk shall promptly advertise at least one 

notice of the rescheduled election. The notice shall be a quarter page display 

advertisement appearing at least ten days prior to the rescheduled election 

date. 

(4) 

Any remaining candidate for that office shall not be required to re-qualify for 

election or pay a second qualifying fee. Any remaining candidate shall not be 

declared an unopposed candidate under F.S. Ch. 106, unless no additional 

candidate qualifies for election during the supplemental qualifying period. Any 

remaining candidate may continue to accept contributions until he is declared 

unopposed. If he is declared unopposed pursuant to this section, he shall be 

declared elected. If a special election was to be held pursuant to subsection 

(a)(2), that election shall be canceled. 

(5) 

The filing of campaign expense statements pursuant to F.S. Ch. 106, by 

candidates in an election called under subsection (b), including the remaining 

candidate, shall not be later than such dates as fixed by the city clerk. 

(6) 

If an election is held pursuant to subsection (b), and other candidates qualify 

for election during the supplemental qualifying period, supplemental 

absentee ballots for the election shall be mailed to any absentee voter who 

was previously mailed an absentee ballot for the regular election. If an 

absentee voter returns the initial ballot he was mailed, his vote for that office 

for which the election was called will be null and void, but his votes on all 

other offices and issues shall be counted. 

Changes in ballot.The name of any qualified candidate who has withdrawn, died or 

been removed from the ballot shall not be printed on the ballot. If the ballot cannot be 

changed, any votes for that candidate shall be null and void. 

No refund of qualifying fee. A candidate withdrawing or being removed from the 

ballot after having qualified and paid the qualification fee shall not receive a refund of 

the qualifying fee. 

(Code 1979, §§ 2511(a), (c), (d), 2511A; Ord. No. 1993/002, § 1, 1-5-93; Ord. No. 1993/009, § 1, 2-16-93; 

Ord. No. 2004/027, § 2, 9-21-04) 

Davie: 

Sec. 2-40. - Vacancy in candidacy.

(a)In the event of the withdrawl, death or removal of a qualified candidate or candidates 

for an elected municipal office following the end of the qualifying period which results in 

one (1) candidate remaining on the ballot for that office, the remaining candidate shall be 

declared elected and no election for that office shall be required. 

(b)In the event of the withdrawl, death or removal from the ballot of a qualified candidate 

or candidates following the end of the qualifying period which results in no candidates 

remaining for that office, the council shall within the next three (3) ensuing regular 

council meetings, appoint a successor to such office by a vote of at least three (3) council 

members. The appointed official shall serve until the next regularly scheduled general 

election or an election held by the county, whichever should occur first. The appointee 

shall have such qualifications (including district resident requirements) as prescribed for 

in the Charter for such office. If the council should fail to appoint a successor to the 

vacant office within the next three (3) ensuing regular meetings after such a vacancy 

should occur, a special election shall then be proclaimed to elect a successor to serve the 

balance of the unexpired term. 

(c)The name of any qualified candidate who has withdrawn, died or been removed from 

the ballot shall not be printed on the ballot. If the ballot cannot be changed, any votes for 

that candidate shall be null and void. 

(d)A candidate who withdraws or is removed from the ballot after having qualified and 

paid the qualification fee shall not receive a refund of the qualifying fee. 

(Ord. No. 93-39, § 1, 1-15-93) 

Coral Springs: 

Sec. 6-15. - Vacancy in candidacy. 

(a) Death, withdrawal or removal. 

(1)If the death, withdrawal or removal from the ballot of a qualified candidate or 

candidates following the end of the qualifying period results in fewer than two (2) 

candidates for that office, and at least forty-five (45) days remain before the election, the 

qualifying period for that office shall be reopened for a certain period as discussed in 

subsection (3) below. All qualified candidates registered during that period shall be 

placed on the ballot at the general municipal election along with the remaining candidate. 

(2)If the death, withdrawal or removal from the ballot of a qualified candidate or 

candidates following the end of the qualifying period results in fewer than two (2) 

candidates for that office, and less than forty-five (45) days remain before the election, 

that specific office shall be delayed by not less than forty-five (45) nor more than sixty 

(60) days at which time a special municipal election for that office only shall take place. 

The city clerk shall promptly advertise at least one (1) notice of the rescheduled election

and reopening of registration in a newspaper of general circulation in the City of Coral 

Springs and shall post notice of same at City Hall in a conspicuous place. 

(3)If an election is held pursuant to subsection (1) or (2) above, a supplemental qualifying 

period shall be established after notice of the vacancy has been published at least once in 

a newspaper of general paid circulation in the City of Coral Springs and notice of same 

has been posted at City Hall in a conspicuous place. Said notice shall appear no less than 

ten (10) days prior to the first day set for qualifying for office. The supplemental 

qualifying period shall end at noon on the fifth business day after the beginning date of 

the supplemental qualifying period. Any candidate wishing to qualify during this 

supplemental qualifying period shall file all documents and qualifying fees as required by 

the City Charter or the City Code, prior to the end of the supplemental qualifying period. 

In the case of a special election pursuant to subsection (2) above, the city clerk shall 

promptly advertise at least one (1) notice of the rescheduled election. The notice shall be 

a quarter page display advertisement appearing at least ten (10) days prior to the 

rescheduled election date. 

(4)Any remaining candidate for that office shall not be required to re-qualify for election 

or pay a second qualifying fee. Any remaining candidate shall not be declared an 

unopposed candidate under F.S. Ch. 106, unless no additional candidate qualifies for 

election during the supplemental qualifying period. Any remaining candidate may 

continue to accept contributions until he is declared unopposed. If he is declared 

unopposed pursuant to this section, he shall be declared elected. If a special election was 

to be held pursuant to subsection (a)(2), that election shall be canceled. 

(5)The filing of campaign expense statements pursuant to F.S. Ch. 106, by candidates in 

an election called under subsection (a), including the remaining candidate, shall not be 

later than such dates as fixed by the city clerk. 

(6)If an election is held pursuant to subsection (a), and other candidates qualify for 

election during the supplemental qualifying period, supplemental absentee ballots for the 

election shall be mailed to any absentee voter who was previously mailed an absentee 

ballot for the regular election. If an absentee voter returns the initial ballot he was mailed, 

his vote for that office for which the election was called will be null and void, but his 

votes on all other offices and issues shall be counted. 

(b) Changes in ballot. The name of any qualified candidate who has withdrawn, died or 

been removed from the ballot shall not be printed on the ballot. If the ballot cannot be 

changed, any votes for that candidate shall be null and void. 

(c) No refund of qualifying fee. A candidate withdrawing or being removed from the 

ballot after having qualified and paid the qualification fee shall not receive a refund of the 

qualifying fee.



From: Joseph L. Gallegos, City Manager 

Prepared by: Same 

(a) Subject: Second Reading of Ordinance No. 1011 (Attachment I) 

authorizing the First Amendment to the Agreement for “Purchase and 

Sale” of the single family lot located at 2524 NE 8 th Terrace in the City, 

originally approved by the Commission at its meeting of April 24, 2012 

by approval of Ordinance No 1005 on second and final reading. 

(b) City Manager Recommendation: Recommend Approval of Ordinance 

No. 1011 

(c) Report In Brief: As the Commission will recall, this property comprised 

the third lot identified by staff and the City’s Engineers to provide 

convenient parking to relieve the parking challenges associated with the 

many popular destinations on the north end of Wilton Drive and the 5- 

points entertainment venues. 

The City had been working with the property owners and Chase Bank to 

close on this property, which is in the foreclosure process through 

means of a short-sale. At this time, the Bank’s short sale investment 

review committee has determined that the minimum the bank will accept 

would be $210,000 or $44,445 over the original offer. (A mortgage of 

over $240,000 is still owed on the property). 

(d) Discussion: By way of history, a “Binding Letter of Agreement” was 

forwarded to the property owners Jesus and Leonor De La Torre in late 

October of 2011, to sell the property to the City at the offered price of 

$165,555 (5% in excess of the property’s value established by the 

Broward County Property Appraiser’s Office in 2011 – See Attachment 

II). At that time, however, they were unwilling sellers. The property 

owners are now willing sellers and have executed the agreement for 

purchase and sale approved by Ordinance 1005. 

Local real estate professional Adrienne Foland has assisted staff in 

providing four most similar “closed” comparatives in the last 6 months

in East Wilton Manors (no pools) (See Attachment II). The first sheet is 

the subject property at 1389 sf, which is now a 3 bed/1 bath (3 rd 

bedroom was converted from the carport) with a new roof after 

hurricane Wilma. The house is modest and not newly updated. 

The already “closed” sales are $190,000 and $185,000 – both houses 

with some updates, and then $156,000 (foreclosure) and $135,000. All 

were CASH buyers and sold within 3 months of listing on the market. 

The inventory in Wilton Manors is very low at this time, with the 

“triangle area” being very desirable. 

After reviewing the above comparatives (also the City purchased the 

Evers property with a willing seller, outside of the short-sale process, 

for $229,000), the new purchase price of $$210,000 is still in line for the 

property and supportable for the short-sale to the Bank (the Bank will 

not accept the short sale until after second reading of the Ordinance). 

(e) Strategic Plan Consistency: Goal No. 4: Wilton Drive, Destination Point; 

Objective No.- 2: Adequate Parking to Support Destination Point. 

(f) Concurrences: Director of Emergency Management/Utilities Department; 

Finance Director and Parking Administrator Bob Mays 

(g) Fiscal Impact: $210,000.00 from Parking Loan Proceeds 

(h) Alternatives: None suggested. 

(i) Attachments: Ordinance No. 1011; Ordinance No. 1005; BCPA property 

just value sheets on the property and comparables;

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ORDINANCE NO. 1011 

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 

WILTON MANORS, FLORIDA APPROVING AND AUTHORIZING 

THE PROPER CITY OFFICIALS TO EXECUTE THE FIRST 

AMENDMENT TO THE AGREEMENT FOR PURCHASE AND SALE 

OF REAL PROPERTY LOCATED AT 2524 N.E. 8 TH TERRACE, 

WILTON MANORS, FLORIDA; PROVIDING FOR CONFLICTS; 

PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN 


WHEREAS, the City Commission of the City of Wilton Manors deems it to be in the 

best interests of its residents and businesses to enter into the First Amendment to the Agreement 

for Purchase and Sale of Real Property located at 2524 N.E. 8 th Terrace, Wilton Manors, 

Florida. 

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 

THE CITY OF WILTON MANORS, FLORIDA: 

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Section 1: 

The foregoing “WHEREAS” clause is hereby ratified and confirmed as 

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being true and correct and is hereby made a specific part of this Ordinance. 

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Section 2: 

The City of Wilton Manors, Florida hereby approves the First 

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Amendment to the Agreement for Purchase and Sale of Real Property located at 2524 N.E. 8 

Terrace, Wilton Manors, Florida, said First Amendment having been submitted for 

consideration by the City Commission in written form, a copy of which is attached hereto and 


th 

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Section 3: 

That the proper City Officials of the City of Wilton Manors be, and they 

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are hereby authorized and directed to execute said Contract in written form. 

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Section 4: 

All ordinances or parts of ordinances, resolutions or parts of resolutions 

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in conflict herewith be and the same are hereby repealed to the extent of such conflict. 

Page 1 of 2

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Section 5: 

If any clause, section or other part or application of this ordinance shall 

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be held by any court of competent jurisdiction to be unconstitutional or invalid, such 

unconstitutional or invalid part or application shall be considered as eliminated and so not 

affecting the validity of the remaining portions or applications remaining in full force and effect. 

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Section 5: 

This ordinance shall become effective immediately upon adoption. 

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PASSED ON FIRST READING BY THE CITY COMMISSION OF THE CITY OF 

WILTON MANORS, FLORIDA, THIS _____ DAY OF JUNE 2012. 

PASSED AND ADOPTED ON SECOND AND FINAL READING BY THE CITY 

COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA THIS ____ DAY 

OF _______________ 2012. 

ATTEST: 


By:________________________________ 



__________________ MAYOR RESNICK _____ 





approved the form of this Ordinance. 

______________________________ 


CITY ATTORNEY 


_____ 

H:\_GOV CLIENTS\WM 2976\_920129 GM\ORD.12\xxx (Approve amendment to agmt, De La Torre, 2524 NE 8th Terrace) first reading, 

06.26.12 mtg.doc 

Page 2 of 2

FIRST AMENDMENT 

TO AGREEMENT FOR PURCHASE AND SALE 

OF REAL PROPERTY 

WHEREAS, the City of Wilton Manors, a Florida municipal corporation (the 

“Purchaser”) and Jesus M. De La Torre and Leonor M. De La Torre, husband and 

wife (collectively the “Sellers”) entered into that certain Agreement for Purchase and Sale 

of Real Property (the “Contract”) concerning the real property located at 2524 NE 8 th 

Terrace, Wilton Manors, Florida (the “Property”). 

WHEREAS, Chase Bank is owed over $240,000.00 for a mortgage they hold on the 

Property. 

WHEREAS, Chase Bank will not approve a short sale transaction of the Property unless 

the Purchaser increases their offer to $210,000.00. 

WHEREAS, the Purchaser has agreed to increase their offer on the Property to 

$210,000.00 in order to gain short sale approval from Chase Bank. 

NOW THEREFORE, 

Seller and Purchaser agree to the following: 

1. The Whereas clauses are hereby ratified and confirmed. 

2. The Purchase Price as defined in Paragraph 2 of the Contract is hereby amended to 

read as $210,000.00. 

3. All other terms and provisions of the Contract not otherwise modified by this First 

Amendment are hereby ratified and confirmed, and shall remain in full force and 

effect. 

In the event of any inconsistencies between this First Amendment and the Contract, the 

provisions contained in this First Amendment shall prevail. In any other respects, the 

Contract remains unchanged. 

SELLER: 

PURCHASER: 

City of Wilton Manors 

_______________________________ 

Jesus M. De La Torre 

_______________________________ 

_______________________________ 

By: 

Leonor M. De La Torre 

Title: 

Signed on June ____, 2012 Signed on June ____, 2012 

H:\_GOV CLIENTS\WM 2976\110441\Amendment to Contract.doc



From: 

Heidi Shafran, AICP, Director, Community Development Services 

(a) Subject: Resolution 3806 -- Appointment of Two Members to the Wilton 

Manors Economic Development Task Force. 

(b) City Manager Recommendation: Recommend approval 

(c) Report In Brief: Appointment of a business owner and a resident to the City 

of Wilton Manors Economic Development Task Force. 

(d) Discussion: The creation of the Task Force was approved by the City 

Commission on July 12, 2011 via Resolution 3700, and subsequently amended 

by the City Commission on January 24, 2012. 

Due to the resignation of Teresa Fitzsimmons (business owner) and Stewart 

Robin (resident), the following two positions are now vacant: 

 

 

One Business Owner representing retail and/or general business 

One resident of the City with expertise in Real Estate, Development and/or 

Marketing 

The Community Development Services Department announced these vacancies 

to the community and the following resumes were submitted for the 

corresponding positions: 

 

 

Dean Trantalis - retail and/or general business 

Stephen Zollo - Resident 

(e) Strategic Plan Consistency: Goal 1: Sustainable Urban Village, 

Objective2: Personalized Services to Our Businesses, to our Citizens; 

(f) Concurrences: N/A 

(g) Fiscal Impact: None 

(h) Attachments: 

Resumes of all interested persons.



MEMORANDUM 

TO: 

FROM: 





SUBJECT: 

Wilton Manors “City of”/General Matters – Resolution No. 3806 Appointing 

Two (2) Members to the Economic Development Task Force 


Agenda, please find Resolution No. 3806 Appointing Two (2) Members to the Economic 

Development Task Force. 

Should you require any additional information, please contact me. 

KLE:bp 

Enclosure 


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A RESOLUTION OF THE CITY COMMISSION OF THE 

CITY OF WILTON MANORS, FLORIDA APPOINTING 

TWO (2) MEMBERS TO THE ECONOMIC 

DEVELOPMENT TASK FORCE OF THE CITY OF 

WILTON MANORS, FLORIDA; PROVIDING FOR 

CONFLICTS; PROVIDING FOR SEVERABILITY; AND 


WHEREAS, the City Commission of the City of Wilton Manors, Florida deems 

it beneficial to appoint two (2) members to the Economic Development Task Force of the 

City of Wilton Manors, Florida to replace Teresa Fitzsimmons (business owner) and 

Stewart Robin (resident). 

NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION 


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Section 1: 

The foregoing “WHEREAS” clause is hereby ratified and 

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confirmed as being true and correct and is hereby made a specific part of this Resolution. 

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Section 2: 

Pursuant to Resolution No. 3007, the following named 

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person(s) are hereby appointed to said Task Force, to replace Teresa Fitzsimmons 

(business owner) and Stewart Robin (resident), commencing on July 11, 2012. 

_____________________ To replace Teresa Fitzsimmons 

(business owner) 

_____________________ To replace Stewart Robin 

(resident) 

Section 3: 

The members shall serve and perform the duties as set forth in 

Resolution No. 3007 and any and all amendments thereto. 

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Section 4. 

All resolutions or parts of resolutions in conflict herewith, be and 

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the same are repealed to the extent of such conflict. 

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Section 5. 

If any Section, sentence, clause or phrase of this Resolution is 

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held to be invalid or unconstitutional by any court of competent jurisdiction, then said 

holding shall in no way affect the validity of the remaining portions of this Resolution. 

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Section 6. 

and adoption. 

This Resolution shall become effective immediately upon passage 

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ATTEST: 


By:________________________________ 



__________________ MAYOR RESNICK _____ 






______________________________ 


CITY ATTORNEY 


_____ 

H:\_GOV CLIENTS\WM 2976\_920129 GM\RESO.12\3806 (Appoint two members to Economic Dev Task Force) 07.10.12 mtg .doc 

2



MEMORANDUM 

TO: 

CC: 

FROM: 

RE: 

Mayor Gary Resnick 

Members of the City Commission 

Joseph Gallegos, City Manager 


City Attorney Report 


I. Litigation - Insurance 

A) Wilton Manors adv. MS Sr., PS (minor): City received notice from Keith Chasin, 

Esquire alleging that the City negligently supervised during a City sponsored after 

school program “BASH” while minor was a victim of a sexual assault by another child 

in the program. Matter referred to the Florida League of Cities to handle. City was 

served with Summons/Complaint on March 6, 2006 which was sent to the Florida League 

of Cities to respond. Bruce Johnson is defending the City. 

B) Wilton Manors adv. Samuel Joseph LoBue v. Sal’s Towing, and Wilton Manors Police 

Department, et al.: City was served with a Complaint relating to the 2008 seizure of a 

Chrysler PT Cruiser by the Wilton Manors Police Department. Upon receipt of the 

Summons/Complaint, the matter was referred to the Florida League of Cities to handle 

and respond. The firm of Johnson, Anselmo, Murdoch, Burke, et. al. is defending the 

City. 

C) Wilton Manors & Paula Sue Walls adv. Lawrence Factor: Letter dated 8/24/11 

received from counsel for Lawrence Factor regarding negligence action for money 

damages against the City, Police Department and Officer Paula Sue Walls in regard to 

a traffic accident. Complaint filed by Factor on May 23, 2012 in Broward County 

Circuit Court regarding a traffic accident wherein Walls allegedly struck Factor’s 

vehicle. Walls was allegedly driving a City vehicle. Matter will be referred to Florida 

League of Cities for handling. 

D) Wilton Manors v. State of Florida, Department of Management Services, Division of 

Retirement: Pension Board and City filed Petitions for the State to release the chapter 

monies. Matter is being handled by Bob Klausner, Pension Board Attorney. 

City/Pension Board prevailed. Division of Retirement objected. City/Pension Board 

to appeal. The case against the Division of Retirement has been scheduled for oral 

argument before the 4 th District Court of Appeal in West Palm Beach on November 9, 

1

2010 at 9 AM. – 4 th Reversed. Petition filed with the Florida Supreme Court by the 

City/Pension Board. Jurisdiction denied. State’s Motion for Attorney’s Fees pending. 

Motion for Attorney’s Fees denied. Case dismissed. Appeal filed August 12, 2011. 

E) Wilton Manors adv. NAG BAR, LLC, d/b/a Matty’s of the Drive: Complaint against 

the City regarding application for temporary license/permit to erect tent. Florida 

League of Cities is handling. 

F) Wilton Manors adv. Anita Evans: City received a letter dated 11/9/11 in regard to a 

slip and fall occurring on September 17, 2010 at 2292 Wilton Drive, Wilton Manors, 

Florida; stating that the City did not maintain its property and that Ms. Evans fell in a 

hazardous condition area. 

G) Wilton Manors adv. Troy Elliott/LMK Pipe Renewal: Troy Elliott allegedly sustained 

injuries on August 20, 2009 when he fell in an excavating hole dug by LMK in his 

front yard at 505 NE 21 st Drive, Wilton Manors, Florida 33305. 

H) Wilton Manors adv. Tamara Masci: Tamara Masci claims she was a victim of 

inappropriate Wilton Manors police conduct on February 25, 2011 during a traffic 

stop. The ticket was dismissed. Ms. Masci seeks reimbursement of $1,470.00. 

I) Wilton Manors adv. Florida Power & Light Company: DOA: 11/17/09; Claimant Tax 

ID No. 49-0247775; FPL is claiming property damages in the amount of $3,245.38, 

caused by the City of Wilton Manors as a result of negligent digging on 11/17/09 at 

NE 21 st Court and Wilton Drive. 

II. 

Litigation - City Attorney 

A) Wilton Manors v. Peter Yawt: Complaint filed against Yawt for Code Enforcement 

Lien Foreclosure. Case settled. Joint Stipulation for Entry of Agreed Order 

Approving Settlement and Final Order of Dismissal along with the Agreed Order 

Approving Settlement and Final Order of Dismissal was entered June 12, 2006. 

Payment of $30,000.00 to be paid at closing on or before December 31, 2006. No 

payment. Amount bears interest. Court Order authorizing Sale entered August 11, 

2008. Due Diligence contact made. Closing expected to take place by September 

2012 (but not later than January 2013). 

B) U.S. Century Bank v. C&S Developers, LLC & City of Wilton Manors: Foreclosure 

complaint filed by U.S. Century Bank on December 13, 2011. City filed Answer & 

Affirmative Defenses on December 22, 2011. 

C) Wilton Manors adv BAC Florida Bank, v. Broward County Self Storage, Inc.: 

Foreclosure complaint filed by BAC Florida Bank on January 13, 2012. City filed 

Answer & Affirmative Defenses on February 1, 2012. 

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D) Wilton Manors v. Kenneth Dorsey: 2701 N.E. 2 nd Avenue. On hold. Inspection 

granted voluntarily. Title search received. To proceed before Broward Unsafe 

Structures Board. Order of Demolition entered. 

E) Wilton Manors v. Principles East, LLC: 1017/1019/1033 N.W. 30 th Court, Wilton 

Manors, FL 33311. A Cease and Desist Order was served on the group home on March 

22, 2012 for fire code violations. Principles East filed for injunctive relief. After two 

days of hearings, the Court granted the request. Settlement in process. 

III. 

Litigation – Police Department – Civil Forfeitures/Seizures 

A) Wilton Manors v. Thomas S. Berman (100629): On August 10, 2010, the Police 

Department seized a 2005 GMC Pickup and $10,460.00 in currency from Thomas 

Berman following his narcotics arrest and a search of his vehicle and Fort Lauderdale 

residence. A Petition for Judgment of Forfeiture has been filed in the Circuit Court for 

Broward County and the Circuit Court has found that the City has probable cause to 

proceed with the forfeiture of the vehicle and currency. The matter is currently being 

litigated. Agreed Order re Claimant’s Motion to Stay or Abate was entered by the 

Court on March 24, 2011, in Case No.10-034903(04). The status of the criminal case 

is that Mr. Berman has pleaded not guilty and discovery is proceedings. Calendar Call 

in the criminal case has been rescheduled for July 19, 2012. 

Should you have any questions concerning the above, please do not hesitate to contact me. 

H:\_GOV CLIENTS\WM 2976\_920129 GM\MEMO.12\City Attorney Reports\July 10, 2012.doc 

3

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