WMG Volume 3 • Issue 13 July 6, 2016
Wilton Manors Gazette
Business
Legal
Neon Signs:
Battle Over Vacation Rentals Continue as City Hires Law Firm
Nuisance or Necessary? By Michael d’Oliveira Neon is a necessity. That’s what business owner Nick Berry told city commissioners on June 28. Without neon signs, Berry says potential customers will drive right by businesses without knowing that they are there. “You won’t even see that it’s a bar. That it’s a restaurant.” According to the city’s code, “Neon, fiber-optic and similar tubing or banding. The use of banding or tubing on a building is permitted subject to the following conditions: The closest part of any tubing or banding on the sides of a building facing a residential or mixed residential/commercial lot shall be at least two hundred (200) feet from any such lot; (2) It is not used to border a window or any portion thereof; (3) It is limited to one band with up to three (3) colors per building; and (4) That the Director determines that it is used only to emphasize the architectural features of a building rather than to draw attention to the building itself.” City Attorney Kerry Ezrol said the general intent of sign codes is to ensure the aesthetics don’t get out of control and lead to eye sores. Berry asked the commission to “not be anti-business” and to take another look at the regulations regarding neon signs. His request sparked a familiar discussion amongst commissioners: “Are we going to start not enforcing codes? What was the purpose if not to enforce it?” asked Commissioner Justin Flippen. But Vice Mayor Scott Newton responded that the city has been willing to not be as stringent in enforcing some of its codes in the past. “We did that before on [business] flags. It’s kind of the same thing.” Commissioner Julie Carson stated there are other code regulations the city doesn’t actively enforce, such as requiring home
By Michael d’Oliveira
owners to keep their roof’s clean. In April, commissioners voted to allow business owners to keep displaying temporary signs and banners. Previously, business owners were allowed to use temporary signs and banners until December of 2015. When Mayor Gary Resnick said that the city should pay more attention to enforcing the flag and banner regulations along Oakland Park Boulevard, which he said had become an eye sore, the rest of the commission disagreed in favor of holding off on a code enforcement push. Resnick called the neon signs a matter of “the character of the city we want to be.” Newton said he didn’t consider neon signs a pressing issue as long as they weren’t too bright and intrusive. He added that business owners should be allowed to keep current signs up for now but new ones shouldn’t be allowed until the commission addresses the issue further. Resnick said he’d put his neon sign “back up tomorrow” if he was a business owner and heard the commission was not strongly enforcing its own regulations. Commissioners voted to review the regulations and discuss them at a future meeting. WMG
Experience and success were the driving factors in the commission’s decision to hire a law firm to defend Wilton Manors in the vacation rental lawsuit filed against the city. City Attorney Kerry Ezrol recommended Nabors Giblin & Nickerson because of the firm’s past success defending Flagler County against a lawsuit dealing with vacation rentals. In that case, the court ruled Flagler County could regulate vacation rental properties but only ones that started operations after the regulations were passed. Ezrol said Nabors Giblin & Nickerson were slightly more expensive than other firms but Mayor Gary Resnick said the extra expense would be worth it. “Folks, you don’t really want to nickel and dime this.” The lawsuit was filed in May by vacation rental owners Jeffery Hill and Roger France. They successfully sued the city several years ago over the same issue. In a previous commission meeting, Ezrol said the city lost because former Community Services director Wayne Thies tried to regulate vacation rentals by classifying them as transient rentals. A judge disagreed with the classification. This time, the city could have a stronger case because it passed regulations. Hill and France say the city is charging too much and is trying to discriminate against vacation rental owners. “The ordinance was drafted to discourage persons from renting properties for 30 days or less and to require personal information from those renters that is not required of renters for durations of more than 30 days,” reads the lawsuit. The cost of registering a vacation rental was also included in the lawsuit and labeled as excessive. In the lawsuit, the petitioners claimed the regulations would require the expenditure of $13,500 a year to register all their properties. The city requires each unit be registered for $750. “Let there be no misunderstanding. We
also want unlicensed rentals to either comply with the previous reasonable laws that we already have complied with or shut down, too. But adding requirements for those already obeying the law doesn’t stop those who are now and will continue to be illegal. Where is the equity in that?” wrote Hill and France in a letter to The Gazette on June 10. The city approved the regulations earlier this year amidst calls by residents to take action. Some residents have said that irresponsible tourists are ruining the peace and quiet of their neighborhoods by having late night parties. Parking and trash problems are also among the complaints. Some vacation rental owners have responded that they are responsible in whom they rent to and shouldn’t be punished because of the irresponsible owners. Commissioners responded to residents’ calls for action by saying they couldn’t pass regulations that were too stringent because it would put the city at risk for losing a lawsuit. “It’s a question of what your appetite for litigation is,” advised Ezrol at the time. WMG
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Opinion
WMG … And They’re Off… By Sal Torre
With only a few weeks to go before the Republican Convention in Cleveland, followed by the Democratic National Convention in Philadelphia, thought I would take the opportunity to talk politics on a more local level, right here in good ole Wilton Manors. This year we have a local election for Mayor and two City Commission seats. For those accustomed to seeing my name on the ballot, I am not running in this election, but remain involved in our city as President of the Westside Association of Wilton Manors, Chair of the city’s Budget Review Advisory Committee, and Secretary of The Friends of The Wilton Manors Library. I will enjoy watching from the sidelines, while our field of very qualified candidates race to the finish line. The race for Mayor has two candidates running, our incumbent Mayor Gary Resnick, and his opponent Boyd Corbin. In the race for two commission seats, we have the two incumbents, Tom Green and Julie Carson, and two challengers, Paul Rolli and Celeste Ellich. The mayoral race will probably be an easy win this time for our longserving mayor, Gary Resnick, lacking former challenger, Doug Blevins, who is currently busy with the Wilton Drive Business Improvement District. Perhaps an easy win, but with Boyd Corbin as your opponent, there’s sure to be plenty of drama and excitement along the way. I’ve always had an underdog appreciation for Boyd, listening to his speeches at City Commission Meetings on how he was treated unfairly by Police and city officials dating back to an incident one Halloween when his tiki torch set fire to a drag queen’s wig. Yes, accidents do happen. However, wearing a KKK outfit and carrying a lit torch around drag queens with big hairdos is probably not the best choice one could make. In the race for two Commission seats, it was a cliffhanger waiting to see if Commissioner Carson would decide to run for re-election. In the end she decided to throw her hat into the race, along with another last minute surprise, Celeste Ellich. Name sounds familiar? You are correct, it is the same Celeste Ellich who, as President of the Wilton Manors Business Association, thought it would be a great idea to invite and host then Congressman Alan West to Wilton Manors. Talk about not making the best choice. Celeste, did you really think the residents of Wilton Manors would roll out the red carpet for Allen West after his ferocious attacks on the LGBT community? After a five-year retreat from city politics, perhaps Celeste, who also serves as Vice Chair of the Broward Republican Executive Committee, thought it a good year to ride in on Donald Trump’s coattails
Gary Resnick. Photo: Facebook.
Phone: 954-530-4970 Fax: 954-530-7943
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and go after the angry white vote here in Wilton Manors. Perhaps she is on to something and, come this time next year, we will be calling Donald, Mr. President and Celeste, Madam Commissioner. Oh god, it’s too late for April Fools jokes! Now to the other candidates in the Commission race, Tom Green and Paul Rolli, my favorites to win. Commissioner Tom Green is running for re-election, and this city will be all the better if he is voted to serve another four-year term. Commissioner Green is passionate about Wilton Manors and about improving the quality of life for all here in our city. Commissioner Green is frequently spotted at various city board and committee meetings, is proud to serve on the Metropolitan Planning Organization and on the Florida League of Cities. He is also the major voice for our environment and green building practices. Tom Green is a true asset to our City Commission and our residents. Paul Rolli, my second choice for the two commission seats, would also be a real asset to our City Commission. Paul has served two terms as Chair of the very important Budget Review Advisory Board, helping steer this city on a sound financial path. Paul’s background and thorough understanding of our city’s budget makes him a perfect choice to serve as one of our next City Commissioners. Residents can have the comfort of knowing that Paul Rolli is watching out for them now and into the future when it comes to the city’s tax base, spending, future planning and security. As for Commissioner Carson, she has definitely served our city well and deserves our heartfelt gratitude, but not for re-election. I would urge Commissioner Carson to look beyond our small city’s borders if she desires to remain in public service. Julie’s passion and commitment deserve a much larger audience. Unfortunately, her vision looks beyond our residents, our tax base, our hometown needs, and limited resources. So the race is on. Let’s keep it civil and professional, and let’s all be respectful of our fellow residents’ decisions about who they choose to support. After all, that is what makes us a democracy! And having that choice makes life just better here… WMG
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Community
Don’t Forget Your 'Precious Cargo' In A Hot Car By Michael d’Oliveira It’s a momentary lapse of memory that can have a lifetime of repercussions. To help prevent the deaths of children and pets because they were left in hot cars, the Wilton Manors Police Department is providing free stickers and pamphlets to remind parents and pet owners not to leave their “precious cargo” behind. According to the WMPD, 10 children nationwide have already died in 2016 due to vehicular heatstroke deaths. There have been 77 in Florida between 1990 and 2015, but that number is probably an underestimation because of unreliable data collection. NBC 6 reported on one of those deaths in
July 6, 2016 • Volume 3 • Issue 13 2520 N. Dixie Highway • Wilton Manors, FL 33305
May, an 11-month-old girl in Hialeah who was left in a car for an unknown number of hours. “In 10 to 15 minutes, the temperature of a car which is parked and not running, could go from 80 degrees to 130 degrees,” said Hialeah Fire Chief Miguel Anchia in an interview with NBC 6. Even cracking the windows doesn’t prevent a significant rise in temperature. State law penalizes individuals who leave children unattended or unsupervised in a vehicle for more than 15 minutes. The penalty ranges from $50 to $500 if the child is unharmed and becomes a third degree felony if the child is seriously hurt, disabled or disfigured.
The state also allows individuals to break vehicle windows to help unattended children and pets. Individuals can’t be sued as long as they make sure the vehicle is locked, call 9-1-1, notify law enforcement before or immediately after they break the window, use no more force than is necessary and remain with the child or animal until emergency responders arrive. Stickers and pamphlets can be picked up at the police department, 2020 Wilton Drive; Wilton Manors Library, 500 NE 26 St., and at various animal hospitals and dog-related businesses. WMG
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Brexit and Independence Declarations
Real Estate Geek
By James Oaksun Recently the news has been full of stories about the referendum in the UK where voters decided – albeit narrowly – to leave the European Union. There were a number of reasons for the “Brexit” vote, and while I am not an expert on British politics, one of the driving issues was that people were fed up with granting decision making power to remote bureaucrats who did not necessarily understand their concerns or have their best interests in mind. Closer to home you need only look about 100 miles to the north, and you see the ongoing crisis with Lake Okeechobee and the algal blooms wreaking havoc in many waterfront communities. There is a compact – a bond of assumed faith and trust – that occurs when you cede responsibility to someone. You do this conditionally; on the assumption that a collective decision will be wise and accretive to value for the greatest number of people. But when that compact is broken, people will ask whether the scales have tipped and the costs have become greater than the benefits. You may think this has nothing to do with real estate, but in it lies a very important message for anyone in the market to buy, sell or invest in real estate here in South Florida. Under the traditional model, information was closely held and anyone in the real estate market had to cede a great deal
of control to outside experts, at a high price. But now things have changed. What was once closely held is now more plentiful and available. Oftentimes colleagues tell me that buyer/investor customers do a great deal of the work themselves. Will there be a Brexit vote or a battle of Lexington and Concord? Probably not. But the rumblings are out there. The value proposition is changing. An industry changes along with it or it is disrupted by outsiders. There are 65,000 Realtors in the marketplace between Miami and West Palm. How many do you think are seeing this, and are worried about it? There are two incontrovertible facts: First: Information is free and plentiful; knowledge is costly and scarce. And second: When given a choice, a client would rather have something done for them, than to them. No, there probably won't be a dramatic vote at the polls, or a secret gathering where people sign a list of grievances and declare their independence. But change is going to come to the real estate industry. Buyers, sellers and investors will
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demand it; you already see the outline of the new paradigm. Will Realtors and related professionals adapt, or be just as out of touch as bureaucrats in Brussels or a Hanoverian king? WMG James Oaksun, Broward's Real Estate Geek(SM), is a Licensed Real Estate Broker in Fort Lauderdale. In addition to having degrees from Dartmouth and Cornell, he is a graduate of the Realtor Institute (GRI).
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Community
Community
Resnick, Carson Running for Reelection
Commission Passes Gun Control Resolution By Michael d’Oliveira
Will Face Off Against Old Foes By Michael d’Oliveira If this city’s three incumbents want to keep their seats, they’ll have to beat three incumbents. This November, Mayor Gary Resnick will face off against Boyd Corbin while Commissioners Tom Green and Julie Carson will be up against Celeste Ellich and Paul Rolli. In 2014, Resnick won with 51.83 percent to Corbin’s 4.23 percent. Doug Blevins got the rest of the vote. Ellich, the former president of the Wilton Manors Business Association, has
ran unsuccessfully twice for a commission seat – in 2008 and 2010. In 2010, Carson defeated Ellich in a special election 51.52 percent to 48.48 percent. Rolli, president of the Central Area Neighborhood Association, has never run before. Unlike some larger cities, Wilton Manors has no designated geographical areas so the two commission candidates with the most votes will be elected. Commission terms are four years and the mayor is elected for two years. WMG
Commissioners unanimously passed a resolution on June 28 calling on federal and state legislators to pass more effective gun control laws. Commissioner Justin Flippen said “enough is enough” and that it was past time for state and federal officials to take action. “Silence equals death.” Mayor Gary Resnick reiterated the fact that he and other commissioners could be fined and removed from office, per state statute, by the governor if they tried to regulate the manufacture, sale, or distribution of firearms. Any local laws passed can also be nullified by the legislature.
But one resident wanted the commission to try anyway. “Just try ‘em out. Make it an ordinance. See what they do,” said Mike Burke. WMG
Briefs
News Briefs From Around Wilton Manors By Michael d’Oliveira
WMPD Earns Reaccreditation The Wilton Manors Police Department has been officially reaccredited by the Commission for Florida Law Enforcement Accreditation. To earn the award, the WMPD had to comply with about 260 standards. The process, held every three years, is a review of the police department, its personnel and policies by the Commission for Florida Law Enforcement Accreditation. The benefits of accreditation, say WMPD officials, includes more efficient use of staffing and equipment through best practices adopted through the
accreditation. “This is one of the proudest moments of my career,” said WMPD Accreditation Manager Doug Robertson. The reaccreditation lasts until 2019 and then the WMPD will have to reapply. WMG
Wilton Manors Summer Book Fair 2016 The non-profit, all volunteer Friends of the Wilton Manors Library is hosting their Summer Book Fair on Saturday, July 9th, from 8:00 A.M. to 2 P.M. This event is held indoors in the Hagen Park Community Center at the rear of 2020 Wilton Drive. There will be more than 4,000 fiction, non-fiction books, videos and music CD’s for adults and children
Friends of the Wilton Manors Library Lecture Series "My life, my career, and my son, Jason Alexander"
Ruth Greenspan, mother of Jason Alexander who played George Castanza on the long running sit-com Seinfeld, will be the guest speaker. Join the Friends of the Library for an enjoyable and fun evening. All are welcome to attend.
Tuesday, July 19th, 2016 Wilton Manors Richard C Sullivan Public Library Refreshments at 6:30 pm, Lecture begins at 7 pm. WMG
offered to the public for a requested donation of no more than $1.00 per item. Book topics range from fiction bestsellers and cookbooks to history, health and the arts. Help support your local independent library. For additional information contact 954-566-9019. WMG
Admission and parking are free.
Judicial Forum A forum, featuring all the judicial candidates running for election and re-election, will be held on Wednesday, July
20 at 7 p.m. in the Hagen Park Community Center, 2020 Wilton Drive. Elections for judges will be held August 30. WMG
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Politics
Candidate Brings Wilton Drive To Forefront Of Campaign By Michael d’Oliveira Photo: Facebook.
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Boyd Corbin has a long list of issues he wants to address if elected mayor. Crime, taxes, spending, bar safety, pedestrian safety, increasing parking and more. But at the top of the list is the planned lane reduction of Wilton Drive. He’s firmly against it. Since the lane reduction was first proposed, most of the public opinions expressed have been in favor of reducing the street from four lanes to two. But Corbin is so far the most vocal opponent of the project since it became public several years ago. Proponents of the reduction say it would make the street safer, add additional parking spaces and benefit business owners. Essentially, the idea is to make Wilton Drive more like Las Olas Boulevard. Corbin has spoken against the reduction at commission meetings, on social media and his campaign website. He’s also started a petition drive, with some of the signatures coming from the booth he set up during the Stonewall festival last month. If the lane reduction is approved by the state, city officials have stated the Florida Department of Transportation [FDOT] would pay for the costs association with altering the physical structure of the road. But, said City Manager Leigh Ann Henderson, any additional landscaping or beautification would have to be paid for by the city. But Corbin, who is challenging Mayor Gary Resnick, is against the reduction for reasons that don’t include money. “This insane project will only benefit some business owners on the Drive. They want wider sidewalks for putting tables and chairs on. Let the residents vote. Last year, Mayor Resnick mentioned having a referendum to let residents vote on the issue. This needs to be done before continuing with this bizarre project that will create huge
traffic jams not only on Wilton Drive but also on Andrews Avenue, Powerline Road and Northeast 26th Street.” In November of last year, Resnick promised public hearings would be held on the issue and suggested a referendum be held. A consultant will be at the next commission meeting on July 12 to present scenarios for the Wilton Drive redesign. The current commission’s support for reducing Wilton Drive is predicated on the financial burden being borne by FDOT. Until recently, officials resisted calls to take on the project because they said the city could not afford to do so on its own. Fort Lauderdale’s request to narrow Northeast 4 Avenue from Sunrise Boulevard to Wilton Manors prompted city officials to request the same for Wilton Drive. If elected, Corbin, who unsuccessfully challenged Resnick for mayor in 2014, would most likely still face a majority of commissioners in favor of moving forward with the lane reduction. Commissioners Tom Green and Julie Carson, both candidates for re-election this November, voted to apply to FDOT for the reduction. In April, Green said a two-lane Northeast 4 Avenue and a four-lane Wilton Drive could cause problems on Wilton Drive. The sudden expansion from two to four lanes, said Green, could encourage drivers to speed up once they get into Wilton Manors. That is something that would run counter to the efforts by city officials, residents and business owners to make the street safer for pedestrians. Paul Rolli supports the lane reduction and agrees with Green, saying that traffic problems could cause arise from not altering the road. Celeste Ellich, the other candidate for commission, said she needs to study the issue further before forming an opinion.
WMG
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