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HomeMy WebLinkAbout2015-08-06 Charter Review Board Agenda Meeting PacketAGENDA CITY OF DANIA BEACH CHARTER REVIEW BOARD THURSDAY, AUGUST 6, 2015 – 6:00 P.M. 1. Call to Order/Roll Call 2. Approval of Minutes from July 2, 2015, and July 16, 2015 3. Discussion Items 3.1 Vote Requirements 3.2 Part X – Miscellaneous Provisions, Article 3 - Leases 3.3 Review of City Charter 4. Public Comments 5. Adjournment Minutes - Charter Review Board Thursday, July 2, 2015 – 6:00 p.m. MINUTES DANIA BEACH CHARTER REVIEW BOARD THURSDAY, JULY 2, 2015 – 6:00 P.M. 1. Call to Order/Roll Call Chair Joe Van Eron called the meeting to order at 6:00 p.m. David Clark Betty Sokol (Alternate) Charlotte Sloboda Terry Hale-Hicks Tamara James Anne Castro, Vice-Chair Chris Barile (Alternate) Rae Sandler Joe Van Eron, Chair Bruce Hannover (Alternate) David Wolpin, WSH Law Louise Stilson, City Clerk Absent: Luis Rimoli (excused) Gail Davison (Alternate) (excused) Bill Harris (Alternate) (excused) Carolyn Jones (excused) Derrick Hankerson Vice-Chair Anne Castro motioned to excuse the absences of Luis Rimoli, Gail Davison, Bill Harris, and Carolyn Jones; seconded by Board member Rae Sandler. The motion passed unanimously. Chair Joe Van Eron noted the alternate members would vote tonight. 2. Approval of Minutes from June 18, 2015 Meeting Vice-Chair Anne Castro motioned to approve the minutes; seconded by Board member Chris Barile. The motion passed unanimously. 3. Discussion Items Chair Joe Van Eron recapped the last meeting:  Keep 4-year term for mayor  Mayor vacancy - if the vacancy is within the first 2 years, it goes to special election to be called by the City Clerk within 30 days; if the vacancy is less than 2 years, the Commission will appoint a seated member of the Commission to fill the vacancy within 30 days of the vacancy, if there is a tie, then the Commission shall draw by lot  Unexcused absences - 2 consecutive unexcused absences, absent a medical excuse or doctor’s note, and you are off the commission; if you are hospitalized, it is an automatic excused absence without commission vote, which does not count toward excused absences Minutes - Charter Review Board Thursday, July 2, 2015 – 6:00 p.m. 3.1 Excused Absences Section 8. Forfeiture of Office Attorney David Wolpin suggested the City of Weston procedure might be a good example for forfeiture of office due to absence. He further noted the Charter could contain a provision that absences are excused by procedures set forth by ordinance. Vice-Chair Anne Castro did not like the Weston procedure as it relates to a public hearing for the forfeiture of office; she likes the Cooper City language for forfeiture. Board member Tamara James questioned if we could strictly define what is in the Ethics Code. Attorney Wolpin explained the different ethics laws that apply, and how they differ from decorum and procedure. He noted that other cities have adopted civility procedures, however, they are not always enforced. Vice-Chair Anne Castro noted that Broward County reads the decorum procedures at the beginning of each meeting, and suggested the City do the same. She also said there should be a disclosure that video recordings of the meetings should not be altered by individuals and posted to the internet. She further noted that decorum is the function of the Chair. Attorney Wolpin noted this would be an ordinance or procedure; not a Charter provision. The Board questioned if commissioners could vote by phone. Attorney Wolpin responded that commissioners can vote by phone, as long as they do not need to see materials presented, such as in a quasi-judicial hearing. The Board discussed different scenarios for excused absences. Board member Terry Hale-Hicks motioned that if they are unable to attend for a 3 month time limit (6 meetings), they are automatically out, whether excused or unexcused; seconded by Board member Bruce Hannover. The motion carried on the following 7-3 vote: Bruce Hannover Yes David Clark No Charlotte Sloboda Yes Chris Barile Yes Terry Hale-Hicks Yes Tamara James Yes Betty Sokol Yes Anne Castro No Rae Sandler No Joe Van Eron Yes Board member Charlotte Sloboda motioned to reconsider the motion; seconded by Board member Bruce Hannover. The motion carried on the following 10-0 vote: Minutes - Charter Review Board Thursday, July 2, 2015 – 6:00 p.m. Bruce Hannover Yes David Clark Yes Charlotte Sloboda Yes Chris Barile Yes Terry Hale-Hicks Yes Tamara James Yes Betty Sokol Yes Anne Castro Yes Rae Sandler Yes Joe Van Eron Yes Board member David Clark said he is not voting for any of it; if they are in the hospital they should be excused. Board member Rae Sandler motioned that 3 consecutive absences due to illness, whether excused or not, and they are out; seconded by Vice-Chair Anne Castro. The motion failed on the following 0-10 vote: Bruce Hannover No David Clark No Charlotte Sloboda No Chris Barile No Terry Hale-Hicks No Tamara James No Betty Sokol No Anne Castro No Rae Sandler No Joe Van Eron No Board member Terry Hale-Hicks motioned to reconsider the previous motion that if they are unable to attend for a 3 month time limit (6 meetings), they are automatically out, whether excused or unexcused; seconded by Board member Bruce Hannover. Board member Chris Barile noted the confusion is with the illness issue. Board member Chris Barile motioned that anyone who fails to attend meetings for 3 consecutive months due to reasons other than illness, are off the Commission. Attorney Wolpin suggested the board reconfirm the motion taken at the last meeting in order to clear the record because there are too many motions on the floor. Board member David Clark motioned to reconfirm the motion taken at the last meeting - 2 consecutive unexcused absences, absent a medical excuse or doctor’s note, and you are off the commission; if you are hospitalized, it is an automatic excused absence without commission vote, which does not count toward excused absences; seconded by Vice-Chair Anne Castro. The motion carried on the following 10-0 vote: Bruce Hannover Yes David Clark Yes Charlotte Sloboda Yes Chris Barile Yes Terry Hale-Hicks Yes Tamara James Yes Betty Sokol Yes Anne Castro Yes Rae Sandler Yes Joe Van Eron Yes The Board continued to discuss excused and unexcused absences. Minutes - Charter Review Board Thursday, July 2, 2015 – 6:00 p.m. Board member Bruce Hannover motioned if they are absent for 5 scheduled meetings within a calendar year, whether excused or unexcused, they are off the Commission; seconded by Board member Tamara James. Board member Bruce Hannover clarified that this is the same as the Town of Davie provision (f), except that it is five meetings. The motion carried on the following 6-4 vote: Bruce Hannover Yes David Clark No Charlotte Sloboda Yes Chris Barile No Terry Hale-Hicks Yes Tamara James Yes Betty Sokol No Anne Castro Yes Rae Sandler No Joe Van Eron Yes 3.2 Part II – Legislative Branch and Legislation, Article 1. – City Commission Vice-Chair Castro requested a discussion on consequences for violation of Charter, ethics codes, etc. Chair Joe Van Eron questioned where violation of Charter provisions would come in. Attorney Wolpin responded the Charter has a non-interference provision; the State and Broward County Ethics Codes have penalties built into them; for other matters, you could have provisions for censure, which does not do anything but could embarrass someone. Board member Terry Hale-Hicks favors censure, removal of travel expenditures, and docking their salary. Attorney Wolpin noted that state law allows the electors to file a recall petition for matters of misfeasance, malfeasance, or neglect of duty. Vice-Chair Anne Castro thought we could place in the Charter authority for the Commission to create a policy for bad behavior. Attorney Wolpin confirmed that a provision could be proposed to establish that an ordinance for penalties or sanctions be developed for ethics violations, charter violations, and decorum violations. He will bring a proposal forward at the next meeting. The Board began the review process of each individual section of Article 1, City Commission. Section 1 – Creation of Commission - no changes Section 2 – Terms of Commissioners – no changes Minutes - Charter Review Board Thursday, July 2, 2015 – 6:00 p.m. Section 3 – Qualification of members – (a) no change; (b) may need to insert that mayor or commissioner limit is 8 years, regardless of position Section 4 – Judge of Own Elections – no change Section 5 – Election of Mayor and Vice-Mayor – amend per recommendations  4 year mayor  Highest vote-getter would become the vice-mayor  Mayor vacancy  Commission vacancy Section 6 – Powers and Duties – no changes Section 7 – Limitations on Powers – add penalty provisions Section 8 – Forfeiture of Office – amend per recommendations 3.3 Part VI – Registrations and Elections, Article 1. - Elections Chair Joe Van Eron noted we would begin review of this section at the next meeting, then we would proceed to the balance of the Charter. Board member Bruce Hannover noted the City Attorney requested that we review Article 3, Leases. Vice-Chair Anne Castro would also like to review super voting. Chair Joe Van Eron said we would get to those sections in the review process. The Board discussed their meeting schedule and agreed to meet on August 6th & August 20th. 4. Public Comments There were no public comments at this meeting. 5. Adjournment The meeting adjourned at 8:02 p.m. Joe Van Eron, Chair Approved: MINUTES DANIA BEACH CHARTER REVIEW BOARD THURSDAY, JULY 16, 2015 – 6:00 P.M. 1. Call to Order/Roll Call Vice-Chair Anne Castro called the meeting to order at 6:00 p.m. Present: Carolyn Jones David Clark Betty Sokol (Alternate) Charlotte Sloboda Bill Harris (Alternate) Terry Hale-Hicks Tamara James Gail Davison (Alternate) - Arrived at 6:15 p.m. Derrick Hankerson Anne Castro, Vice-Chair Chris Barile (Alternate) Rae Sandler Bruce Hannover (Alternate) David Wolpin, WSH Law Louise Stilson, City Clerk Absent: Luis Rimoli (excused) Joe Van Eron, Chair (excused) Board member Derrick Hankerson motioned to excuse the absence of Luis Rimoli and Joe Van Eron; seconded by Board member Betty Sokol. The motion passed unanimously. Vice-Chair Anne Castro confirmed that all members would be voting tonight. Board member Derrick Hankerson requested an excused absence for the July 2, 2015 meeting. Board member Bruce Hannover motioned to excuse the absence of Derrick Hankerson from the July 2, 2015 Charter Review Board meeting; seconded by Board member Charlotte Sloboda. The motion passed unanimously. Attorney Wolpin clarified the actions taken at the last meeting: The Board voted 6-4 that if a member of the commission is absent for 5 scheduled meetings within a calendar year, whether excused or unexcused, they are off the Commission. For clarification, that does not wipe out or interfere with the action taken at an earlier meeting that says a hospitalization is an automatic excused absence without the need for the City Commission to take any action on it. However, if a person is absent for 5 scheduled meetings within any calendar year, whether excused or unexcused, that would constitute loss of the office. Minutes - Charter Review Board Thursday, July 16, 2015 – 6:00 p.m. Vice-Chair Anne Castro confirmed that even if they are excused for being in the hospital, it still counts toward the 5 missed meetings, and they would be off the commission. The Board concurred this is their intent. 2. Discussion Items 2.1 Proposed Section 9, Conflicts of Interest; Ethical Standards Vice-Chair Anne Castro asked if anyone had considered penalties (censure, removal from office, etc.). Attorney Wolpin confirmed this would be inserted in Part II, Legislative Branch and Legislation, Article 1, City Commission. Board member David Clark liked the idea of fines, and also thought it should be gradual, in steps. However, he does not like the idea of the commission policing themselves. The Board discussed what defined violation of decorum and civility, and concurred they cannot provide specific descriptions. Board member Chris Barile motioned to adopt Section 9, Conflict of Interest; Ethical Standards; seconded by Board member Bill Harris. Board member Gail Davison arrived at 6:15 p.m. The motion passed on the following 13-0 vote: Carolyn Jones Yes David Clark Yes Charlotte Sloboda Yes Bill Harris Yes Terry Hale-Hicks Yes Bruce Hannover Yes Derrick Hankerson Yes Anne Castro Yes Rae Sandler Yes Tamara James Yes Betty Sokol Yes Chris Barile Yes Gail Davison Yes 2.2 Part VI – Registrations and Elections, Article 1. - Elections Section 1 – Regular municipal elections – no changes Section 2 – Special elections for other purposes – no changes Section 3 – Calling an election – no changes Minutes - Charter Review Board Thursday, July 16, 2015 – 6:00 p.m. Section 4 – Nomination of candidates for city commission – amend per recommendation to change residency requirement Section 5 – Reserved – no changes Section 6 – Nomination and election – no changes Section 7 – Filling vacancies in the office of city commissioner – amend per recommendations Section 8 – Interim government – no changes Vice-Chair Anne Castro commented that there had been discussions regarding criminal background checks for candidates, and questioned how the Board felt about requiring a statement that voting rights have been restored for felons. The Board concurred that they did not want any changes made to require the City to perform criminal background checks or question voter rights. 2.3 Review of City Charter Board member Bruce Hannover commented that the City Attorney requested that we review Part X – Miscellaneous Provisions, Article 3 – Leases. The Board discussed aspects of lease agreements with Harbour Towne, the former Pier Restaurant, the Quarterdeck Restaurant, Dania Beach Grill, and the Pier, and questioned how we know if they are accurately reporting their income to the City. They discussed who is responsible for monitoring the agreements and who is responsible for making sure it is done. It was determined that the responsibility falls to the elected officials. Attorney Wolpin noted this is a very complex section, and said it would be best to get the City Attorney’s input as to what he would revise. Vice-Chair Anne Castro requested that City Attorney Ansbro bring us a proposal with his recommendations at the next meeting. Article 4 – Contracts Board member Chris Barile commented that in his opinion, 20 years is too long, and he likes the idea of RFPs because it creates competitiveness. Board member Chris Barile motioned that in Section 2, Approval by city commission of certain contracts, we change the provision from 20 years to 5 years; seconded by Board member Bruce Hannover. Minutes - Charter Review Board Thursday, July 16, 2015 – 6:00 p.m. Board member Gail Davison preferred 10 years. Board member Terry Hale-Hicks also preferred 10 years, due to the expense to the company with the cost of the vehicles and equipment. Board member Rae Sandler preferred 3 years. Board member Bill Harris also preferred 3 years, due to changing technology. Board member Tamara James commented that the company could improve their service over the years. Board member Derrick Hankerson noted this is a not to exceed time period. Vice-Chair Anne Castro questioned why this provision is only for garbage services, and why no one has questioned this in the past. She speculated that this gives the commission the authority to enter into an agreement in case of emergency. The Board proceeded to discuss the current garbage service in the city. The motion passed on the following 10-3 vote: Carolyn Jones Yes David Clark Yes Charlotte Sloboda Yes Bill Harris Yes Terry Hale-Hicks No Bruce Hannover Yes Derrick Hankerson Yes Anne Castro Yes Rae Sandler Yes Tamara James No Betty Sokol Yes Chris Barile Yes Gail Davison No Article 5 – Investigations – no changes Article 6 – General Clauses – no changes 3. Public Comments There were no public comments at this meeting. 4. Adjournment The meeting adjourned at 7:08 p.m. Joe Van Eron, Chair Approved: UNANIMOUS, MAJORITY, SUPERMAJORITY, TWO-THIRDS AND FOUR-FIFTHS VOTE REQUIREMENTS Part I. – The Municipality of the City of Dania Beach ARTICLE 3 – POWERS OF THE CITY Sec. 2. - Certain expenditures. Any agreement, commitment or any other action of any kind, pursuant to which the city shall or may become obligated to expend more than one million dollars ($1,000,000.00) in city funds, either in connection with one transaction or cumulatively from a series of directly related transactions, or which has a direct net fiscal impact, as determined by the city finance director, upon city funds exceeding that amount, shall require a four-fifths (4/5) vote of the city commission, as authorized in advance by adoption of an ordinance. There shall be two (2) public hearings on the ordinance and notice of each such hearing shall be published in a newspaper of general circulation within the city, at least ten (10) days before each such hearing. Sec. 3. - Airport matters. Any agreement of any kind to which the city may be a party, which affects any city residents and which involves any expansion, modification, addition to or change to or of any lands associated with the Fort Lauderdale-Hollywood International Airport, shall require a unanimous vote of the city commission, as authorized in advance by adoption of an ordinance. There shall be two (2) public hearings on the ordinance and notice of each such hearing shall be published in a newspaper of general circulation within the city, at least ten (10) days before each such hearing. Part II. – Legislative Branch and Legislation ARTICLE 3. - ORDINANCES AND RESOLUTIONS Sec. 3. - Publication of notice; waiver of notice under emergency conditions. (b) The city commission of the City of Dania Beach with a two-thirds vote may enact an emergency ordinance without complying with the requirements of paragraph (a) of this section. ARTICLE 6 – MEETINGS OF THE COMMISSION Sec. 5. - Quorum and vote. A majority of all members of the city commission shall constitute a quorum, but a less number may adjourn from day to day and compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance. The affirmative vote of three (3) members shall be necessary to pass any ordinance on a reading or adopt a resolution, and the passage of all ordinances and resolutions shall be taken by "yeas" and "nays" and entered upon the minutes. UNANIMOUS, MAJORITY, SUPERMAJORITY, TWO-THIRDS AND FOUR-FIFTHS VOTE REQUIREMENTS Any action taken at a special meeting to sell, lease or grant concession rights to city property as well as to purchase or to contract in excess of twenty-five thousand dollars ($25,000.00) shall require a four-fifths (4/5) vote of the membership of the city commission for approval if placed on the agenda of a special meeting rather than on the agenda of one of the scheduled bimonthly regular meetings. Part III. – Administrative Officers and Departments ARTICLE 3. - CITY MANAGER Sec. 1. - Appointment, qualifications, compensation; powers and duties; suspension and removal. The city commission shall appoint a city manager who shall be the administrative head of the municipal government under the direction and supervision of the city commission. Such appointment shall require at least a four-fifths (4/5) vote. He or she shall be chosen on the basis of his or her executive and administrative qualifications, and shall be over the age of twenty-one (21). The city commission may require the city manager to be a resident of the city during his or her term of employment. The city commission shall establish additional minimum requirements which serve as basic qualifications for the selection and appointment of a city manager. One such minimum requirement and qualification shall be that the appointee shall possess a degree in public administration or an equivalent degree, issued by an institution which has a nationally recognized accreditation. An "equivalent degree" shall, for purposes of this section, include the type of degree possessed by any department head who reports to the city manager, such as a degree in engineering or public finance. Any person who does not meet the foregoing minimum requirements and qualifications may be appointed as city manager, but such appointment shall require a unanimous vote of the city commission. Compensation shall be established by a resolution of the city commission or may be prescribed by an employment contract. The city manager shall exercise the powers and perform duties as prescribed by city ordinances, or an employment contract, or both, as well as those specified in Section 4, below. A city manager may be suspended or removed from office with or without cause as prescribed by city ordinance, an employment contract, or both. Sec. 3. - Right of city to enter into contract of employment. (d) If a city manager is appointed to serve at the pleasure of the city commission, the city manager may be removed from office for cause by a majority vote of the city commission; if removed without cause, a four-fifths (4/5) vote is required. "Cause" includes but is not limited to the grounds for termination identified in subsection 3(a) above. Sec. 4. - Powers and duties. (j) To purchase supplies, services, materials, and equipment for the various departments of the city government in an amount up to and including a monetary threshold (as established by the city commission by ordinance) whenever necessary and proper so to do. Purchases of UNANIMOUS, MAJORITY, SUPERMAJORITY, TWO-THIRDS AND FOUR-FIFTHS VOTE REQUIREMENTS supplies, services, materials, and equipment for the city government in excess of the established monetary threshold may be made by the city manager without competitive bidding and without advertisement for bids if the city manager is authorized to do so in advance by a resolution adopted by the city commission. Contracts for the purchase of supplies, services, materials and equipment for the city government in excess of the monetary threshold shall be entered into or let by authorization and approval of the city commission, after advertisement for bids in one (1) or more governmental bid solicitation web sites (such as "Demand Star") and in a newspaper which is generally circulated within the city. Such advertisement is to be published once, not less than fifteen (15) days prior to the reception of bids. During unusual conditions or emergencies, the city commission may, by resolution, authorize the purchase by the city manager of designated supplies, services, equipment and materials in amounts in excess of the monetary threshold without competitive bids and without advertisement for bids. In addition to the foregoing, the city commission may, by resolution, authorize the purchase of designated supplies, services, equipment and materials in amounts in excess of the monetary threshold without competitive bids and without advertising for bids if such purchases are made pursuant to a competitive bid obtained within the last eighteen (18) months (or as such bid may have been extended by the vendor, supplier, contractor or other similar person, subject to the same conditions as the original bid) by other governmental entities, provided that any such purchase which exceeds a monetary threshold as established by the city commission by ordinance requires a four-fifths (4/5) vote of the city commission. Nothing in this paragraph (j) shall be applied in a manner which conflicts with the requirements of the Florida Statutes. The restrictions in this paragraph do not apply to services sought by the city which relate to cost recovery, as such cost recovery system is established by ordinance. Part X. - Miscellaneous Provisions ARTICLE 2. - SALE OF PUBLIC PROPERTY Sec. 1. - Resolution declaring property not needed for public use. Before any lands, the title to which is vested in the city, shall be sold, traded, exchanged, or otherwise disposed of, the city commission shall adopt a resolution at a regular meeting particularly describing the land by metes and bounds or reference to a recorded plat or government survey, its location by street number, if any, a description of all improvements, if any, located upon the land, declaring how the land has been used since it has belonged to the city, why it is no longer needed for public purposes, and containing a statement that the city declares it to be surplus and desires to sell, trade, exchange, or otherwise dispose of it. If the property is valued by a qualified appraiser at a value which is less than two hundred fifty thousand dollars ($250,000.00), a majority vote of the city commission shall be required for such a resolution. If the property is valued by a qualified appraiser at a value between two hundred fifty thousand dollars ($250,000.00) and five hundred thousand dollars ($500,000.00), a four- fifths (4/5) vote of the city commission shall be required to adopt such a resolution. If the property is valued by a qualified appraiser at a value which exceeds five hundred thousand UNANIMOUS, MAJORITY, SUPERMAJORITY, TWO-THIRDS AND FOUR-FIFTHS VOTE REQUIREMENTS dollars ($500,000.00), a referendum election shall be held to determine whether or not such property should be sold, traded, exchanged, or otherwise subject to disposition. The provisions of this section shall not apply to vacations of streets, alleys, or utility easements, unless any such vacation involves land contiguous to any park. Despite any provision which is or may appear to be to the contrary in this article, however, these provisions shall not apply to lands located within the city community redevelopment area unless the existing or future lands are designated as parks or community facilities, as identified in the city comprehensive land use plan. Sec. 4. - Power to sell. Subject to the restrictive provisions of this article, the city commission is empowered to sell or dispose of any lands, improvements, public buildings, parks or other lands now owned or subsequently acquired by the city. The deed of conveyance may place such conditions, limitations, and restrictions on the use of such property by the purchasers as the city commission shall deem proper. Except as otherwise specified in section 1 above concerning property valued at less than two hundred fifty thousand dollars ($250,000.00), a four-fifths (4/5) vote of the members of the city commission shall be necessary to approve such sales. This shall not impair the referendum requirement of section 1 above. The above restrictions shall not apply to the sale of cemetery plots in municipal cemeteries. Sec. 5. - Sale of surplus real property. (a) Notwithstanding the other provisions of this article, the City of Dania Beach shall have the right to exchange, sell or convey real property acquired by the City of Dania Beach through enforcement or foreclosure of City liens and transfer of Lands Available for Taxes from Broward County, in accordance with the procedures stated in part (b) below. (b) Procedures. The Commission must pass by resolution with a supermajority vote requiring four out of five Commissioners' assent, which resolution must include the following: (1) A determination that the real property is surplus property and acquired by the City in a manner described in part (a) above; (2) An authorization for the City Manager to enter into an exclusive listing agreement for a period of six months, with a registered real estate broker, who has obtained a business tax receipt to do business in the State of Florida. The real estate broker shall be selected by lottery from among the qualified brokers and shall be paid a reasonable and customary real estate commission by the seller; (3) An appraisal of the real property by a state certified real estate appraiser with MAI designation; (4) An authorization for the City Manager to enter into a contract for sale of the real property and to close the contract for sale, so long as the purchase price is not less than ninety percent (90%) of the appraised value; (5) The contract for sale of the real property executed by the City Manager shall be contingent upon approval by majority vote of the City Commission at an advertised public hearing held at a regularly scheduled commission meeting. If the fair market value of the surplus real property, as appraised by the state certified appraiser, is greater than $100,000.00 then the contract for sale of the real property shall be contingent upon UNANIMOUS, MAJORITY, SUPERMAJORITY, TWO-THIRDS AND FOUR-FIFTHS VOTE REQUIREMENTS approval by a supermajority vote requiring four out of five commissioners' assent at an advertised public hearing held at a regularly scheduled commission meeting. ARTICLE 3. - LEASES Sec. 1. - Power. The City of Dania Beach is empowered to lease any lands, improvements, public buildings, recreational parks or facilities, public utility plants, or any public works or property of the city to any person, firm or corporation under the following conditions: (a) Leases of concession rights on, in or to public property of the City of Dania Beach operated in a proprietary capacity, except the I.T. Parker Community Center, for a period not exceeding one year, may be granted or executed upon a majority vote of the city commission at any time. Included in properties operated in a proprietary capacity are airports and airport property, public recreational facilities, golf courses, tennis courts, recreational halls, stadiums, football fields, baseball fields, playgrounds, public beaches (including all lands which are currently owned by the City of Dania Beach at Dania Beach), swimming pools, fishing piers, yacht basins, docks and wharves. The list which is enumerated is not exclusive but merely indicative of the class of public property deemed to be operated in a proprietary capacity. A lease of the I.T. Parker Community Center for a term of more than thirty (30) days in any one year period shall not be entered into by the city except after an advertised public hearing and a referendum election to determine whether or not such property should be leased for a term exceeding thirty (30) days and to approve the terms an considerations of such lease. A lease of the property known as the Dania Beach Grille shall not include any concession rights for the beach area outside the boundaries of the property on which the Beach Grille is located. Concession right for all other areas of Dania Beach shall be by separate lease agreements. (c) Leases of public property, as set forth in paragraph (a), of the City of Dania Beach, operated in a proprietary capacity, may be negotiated by the City of Dania Beach for a term in excess of twenty (20) years upon a four-fifth (4/5) vote of the members of the city commission on a noncompetitive bid basis, provided that the lessee agrees to make a substantial capital investment within two and one-half (2-1/2) years after the beginning date of the lease, with such capital investment to be expended for the purpose of making lease-hold improvements on the lands which are the subject of the lease. The lease shall specify the type of leasehold improvements (in general language) to be made. However, without limitation on such type of improvements, it may include, for example, restaurant buildings, retail store units which are incidental to restaurant enterprises, gift shops, curio shops, souvenir shops, wharves, boat docking facilities, nightclubs, cocktail lounges and all types of recreational facilities. In addition, residential units may be constructed and used by employees of any of such types of facilities. UNANIMOUS, MAJORITY, SUPERMAJORITY, TWO-THIRDS AND FOUR-FIFTHS VOTE REQUIREMENTS (f) Any and all amendments, modifications, extensions and renewals of a lease exceeding twenty (20) years as described above in paragraphs (c), (d) and (e) shall be approved only upon an affirmative four-fifths (4/5) vote of the members of the city commission.