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Home My WebLink About2008-09-23 Regular City Commission Meeting MinutesMINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, SEPTEMBER 23,2008 - 7:00 P.M. 1 . Call to OrderiRoll Call Mayor Jones called the meeting to order at 7:00 p.m. Present: Mayor: Vice-Mayor: Commissioners: City Manager City Attomey City Clerk: Albert Jones Anne Castro Bob Anton Johr Bertino Patricia Flury Ivan Pato Thomas Ansbro Louise Stilson Reverend Timothy Shellman, Sr., St. Ruth Missionary Baptist Church, gave the invocation followed by the Pledge of Allegiance to the United States Flag. 3. Presentations and Soecial Evenl ADDrovals 3.1 League for the Hard ofHearing Presentation Arthur Schur Arthur Schur, FTRI Outreach Coordinator, League of the Hard of Hearing, advised their mission is to help people regardless of their age or ability to pay. They provide audiological services and various social and mental health services. He is here to raise the public awareness ofthis service in South Florida. The program is funded through the Telecommunications Act of 1991, which charges $0.i5 on every phone line. Mr. Schur asked the Commission to pass this information on to the residents of Dania Beach. 3.2 Update on the transfer of the Marina to the City from Florida Atlantic University - Commissioner Anton Commissioner Anton reported that FAU transferred the lease agreement lor the Marina to the City of Dania Beach on September 5, 2008. He thanked the City Attorney for his diligent efforts to make this happen. City Attomey Ansbro noted that Commissioner Anton also expended a lot of effort on this matter. 2. Invocation and Pledee ofAlleeiance 4. Proclamations There were no proclamations at this meeting. 5. Citizen Comments George Jason, 4549 SW 37th Avenue, noted that the CERT Team and Dania Beach United will assist people in obtaining their hearing devices from the League of the Hard of Hearing. Vice-Mayor Castro suggested that the City place the information on the website and television channel, and place an ad in the Dania Beach Press. Vicki Pa1,ne, 102 W. Dania Beach Boulevard, Chamber of Commerce, advised of the upcoming events for the Chamber of Commerce. Ralph Eddy, 150 SE 3'd Avenue, complimented Dominic Orlando, Director of Public Services, on the fine work he is doing for the City. He spoke in favor of the closure on SE 2nd Street. Ralph Viviano, 131 SE 3'd Avenue, spoke against the closure of SE 2nd Street. He indicated it is a traffrc hazard and suggested the Commission readdress the issue. John Bartley, 201 SE 2"d Avenue, spoke in favor ofthe street closure. Chickie Brandimarte, 101 SE 3'd Avenue, asked the Commission to revisit the closing of SE 2nd Street. She asked the Commission to block off SE 3'd Avenue for everyone in Meadowbrook. Anne Slater, 211 SE 2"d Street, spoke in favor of the street closure. Commissioner Flury noted that at the last meeting the Commission said they would wait a few months to see how the street closure works; then the Commission would have a highly advertised public meeting to discuss the matter with the community. Ben Carver, 207 SE 2'd Street, spoke in favor of the street closure, but suggested it may be in the wrong location. Kim Farringlon, 318 SE 3'd Street, spoke in favor ofthe street closure. Michele Burzese, 238 SE 2nd Street, spoke in favor of the street closure. Annette Hibbits, 26 SW 1lth Street, said she wants continuity in the City without being cut off from streets. Mhutes of Regular Meeting Dania Beach City Commission Tuesday, September 23,2008 - 7:00 p.m. 2 6. Public Safety Reports BSO Chief Dorut Peterson reported that on Saturday, October 4rh the department will be celebrating their 20th anniversary with the City. The evlnt will be at Frost ParL from noon until 5:00 p.m. Chief Peterson reported that 17 firearms were retrieved from the waters under the New Griffin Road Underpass. He noted that Operation Street Sweeper is complete and 65 arrests have been made. Chief Peterson discussed conveyance robberies and explained that car robberies are continuing to rise in Dania Beach, as well as other areas. He asked the residents to remove articles from plain view in their vehicles which could be stolen. He also noted that scrap metal thefts are on the rise throughout the nation. ChiefPeterson noted several citations have been issued since the street closure on 2'd Street. He said they are trying to use discretion and they are issuing citations. Jack McCaff, Fire Chief, reported we will be going through an ISO evaluation in 3 years. The ISO sets our insurance rates for both residential and commercial properties. In order to prepare for the evaluation, they will begin to evaluate the flow of the fire hydrants in October. He brought this to our attention because they will be working on the streets, and asked the residents to be careful for the workers. 7. Consent Asenda Items removed from Consent Agenda: #7.2, #7,6, #7.8, # 7.10, #7. I 3 7 .1 Minutes Approve Minutes of September 9,2008 Commission Meeting Approve Minutes of September 16, 2008 1't Public Hearing FY 08/09 Budget A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DAN1A BEACH, FLORIDA, AUTHOzuZING THE ISSUANCE OF A BUSINESS TAX RECEIPT TO GERTRUDE B. SATE& OWNER OF DANIA NEWS, A BUSINESS LOCATED AT 3IO E. DANIA BEACH BOULEVARD IN THE CITY, IN CoNNECTION WITH THE OPERATION OF FM (5) COIN OPERATED VIDEO AMUSEMENT MACHINES, AS REQUIRED BY SECTION IO-5 OF THE CITY CODE OF ORDINANCES; PROVIDING FOR CONFLICTS: FIIRTHE& PROVIDING FOR AN EFFECTIVE DATE. (Continued lrom September 9, 2008) City Attomey Ansbro read the title of Resolution #2008-152 Commissioner Flury questioned if this was a video arcade. Nick Lupo, Code Compliance Manager, noted they are mock gambling machines that do not have any payouts or reimbursements. They do not see any problem with the request, but it does require Commission approval. Minutes of Regular Meeting Dania Beach City Commission Tuesday, September 23, 2008 7:00 p.m. 3 Resolutions 7.2 RESOLUTION#2008-t52 City Attomey Ansbro noted this is a permitted use in the City It was the consensus of the Commission that these were not the tlpe of machines that they wanted in the City. Yice-Mayor Castro Mayor Jones Yes Yes Yes Yes Yes 7.3 RESOLUTION#2008-161 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE STATE REVOLVING FTND LOAN PROGRAM; MAKING FINDINGS; APPROVING AMENDMENT NO. 2 TO CONTINUE TO PROVIDE FOR ENGINEER]NG SERVICES DURING CONSTRUCTION RELATED TO THE GROLIND STORAGE AND HIGH SERVICE PIJMPS PROJECT Vr'ITH CAMP, DRESSER AND MCKEE IN THE AMOUNT OF $35,011.00; AUTHORIZING THE CITY MANAGER TO EXECUTE THE WORK ORDER; PROVIDING ASSURANCES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.4 RESOLUTTON#2008-163 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING A TWO YEAR AGREEMENT WITH CIVICPLUS, FOR THE HOSTING OF THE CITY'S WEBSITE AND RELATED SERVICES FOR AN ANNUAL AMOTINT OF $8,220.00, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTI\'E DATE. 7.5 RESOLUTION#2008-170 A RESOLUTION OF THE CIry COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPOINTING THE RHODES INSI]'RANCE GROUP AS HEALTH CARE CONSULTANT FOR AN AMOTINT NOT TO EXCEED $18,000.00 FOR FISCAL YEAR 2008-2009; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION#2008-171 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RENEWING THE CONSULTING AGREEMENT WITH EQWS INSURANCE BROKERS INC., IN AN AMOLINT NOT TO EXCEED $35,OOO.OO FOR THE PERIOD BEGINNING OCTOBER 1, 2OO8 THROUGH SEPTEMBER 30, 2009, PROVIDING FOR CONFLICTS; FLTRTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attomey Ansbro read the title of Resolution #2008-17l. Commissioner Flury commented there is no agreement included in the packet. Minutes of Regular Meeting Dania Beach City Commission Tuesday, September 23, 2008 - 7:00 p.m. 4 Commissioner Bertino motioned to deny Resolution #2008-152; seconded by Commissioner Flury. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Commissioner Bertino Commissioner Flury Mary McDonald, Director of Human Resources and Risk Management, clarified that the backup information was included in the packet behind the resolution. City Attomey Ansbro explained that he could use one of our standard contracts for this agreement. Commissioner Flury motioned to adopt Resolution #2008-l7l; seconded by Vice-Mayor Castro, Commissioner Bertino requested that future agreements include the number of hours and the hourly rate of consultants. Vice-Mayor Castro requested that in the future we include the retum on investment/cost benefit on all agenda items that include expenditures. Mayor Jones commented that the City should go out to bid after 3 years with the same firm to insure faimess and competitiveness. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Commissioner Bertino Commissioner Flury Vice-Mayor Castro Mayor Jones Yes Yes Yes Yes Yes 7.7 RESOLUTTON#2008-172 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO PURCHASE FLOOD INSURANCE FROM AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA IN AN AMOT'NT NOT TO EXCEED $2I,959.00 FOR THE PERIOD OF OCTOBER 1, 2OO8 THROUGH SEPTEMBER 30, 2009; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.8 RESOLUTION#2008-174 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO APPROVE AN INTERIM AMOI-'NT OF $7O,OOO,OO TO CONTINUE THE SHUTTLE BUS SERVICE BETWEEN LIMOUSINES OF SOUTH FLORIDA. INC. AND THE CITY OF DANIA BEACH FOR PUBLIC TRANSPORTATION SERVICES T]NTIL THE BID CAN BE AVr'ARDED; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attomey Ansbro read the title of Resolution #2008-174. Commissioner Bertino questioned the length of the agreement and if there were matching County funds. Kristen Jones, Director of Parks and Recreation, responded we received two responses to our bid, so we are redesigning the bid specs and will rebid within the next 2 months. She advised the funding is from the 5rh Cent Gas Tax. Minutes of Regular Meeting Dania Beach City Commission Tuesday, September 23, 2008 - 7:00 p.m. 5 Commissioner Bertino motioned to adopt Resolution #2008-174; seconded by Vice-Mayor Castro. The motion carried on the following 5-0 Roll Call vote: '7.9 RESOLUTION#2008-t75 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ESTABLISHING FEES FOR STANDING SCHEDULED DETAILS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.t0 RESOLUTION#2008-t76 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE EMERGENCY MEDICAL SERVICES MEDICAL DIRECTOR AGREEMENT BETWEEN THE CITY OF DAN1A BEACH AND L. SCOTT ULIN, M.D. FOR A THREE YEAR PERIOD BEGINNING OCTOBER 1, 2OO8 AND ENDING SEPTEMBER 30,2OII; PROVIDING FOR CONFLICTS; FURTHER, PRO\.IDING FOR AN EFFECTIVE DATE. Commissioner F1ury noted that items should not be placed on the agenda if they are not complete. She said the Commission cannot make informed decisions if they do not have the information. City Attomey Ansbro took responsibility for the omission of the contract, and assured the Commission that it is the same contract we have used for many years. Vice-Mayor Castro motioned to adopt Resolution #2008-176; seconded by Commissioner Anton. The motion carried on the following 5-0 Roll CaIl vote: Commissioner Anton Commissioner Bertino Commissioner Flury Commissioner Anton Commissioner Bertino Commissioner Flury Vice-Mayor Castro Mavor Jones Vice-Mayor Castro Mayor Jones Yes Yes Yes Yes Yes Yes Yes 7.tt RESOLUTION#2008-169 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR APPROPRIATION OF FT NDS FOR FISCAL YEAR 2007 -2008 PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Minutes of Regular Meeting Dania Beach City Cormission Tuesday, September 23,2008 7:00 p.m. City Attomey Ansbro read the title of Resolution #2008-17 6. He noted the contract was not ready when the agenda packet was assembled due to the insurance provisions. Jack McCartt, Fire Chief, advised the contract with the Medical Director needs to be approved by September 30th, or we need to cease ALS services. Yes Yes Yes 6 7.12 RESOLUTION#2008-t77 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PIJRCHASE REPLACEMENT AND INSTALLATION OF SIDEWALK SERVICES IN AN AMOT'NT NOT TO EXCEED $2OO,OOO.OO IN FISCAL YEAR 2007-2008, FROM STRAIGHTLINE ENGINEERING SERVICES LTNDER SOUTHEAST FLORIDA GOVERNMENTAL COOPERATM GROUP BID #05-06-012; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7 .13 RESOLUTTON #2008-180 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA WHICH DEMONSTRATES A COMMITMENT ON BEHALF OF THE CITY COMMISSION TO SUPPORT THE PRESERVATION AND PROMOTION OF WORKING WATERI'RONTS AND PUBLIC ACCESS TO NAVIGABLE WATERS OF THE STATE AND SPECIFICALLY THE PASSAGE OF AMENDMENT 6 ON THE BALLOT IN THE NOVEMBER 2OO8 ELECTION; PROVIDING FOR CONFLICTS; FI,RTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attomey Ansbro read the title of Resolution #2008-i80 Vice-Mayor Castro noted this issue is extremely important to the marine industry and encouraged everyone to vote yes on Amendment 6 on the November ballot. Comrnissioner Flury motioned to adopt Resolution #2008-180; seconded by Vice-Mayor Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Commissioner Bertino Commissioner FIury Vice-Mayor Castro Mavor Jones Vice-Mayor Castro Mayor Jones Yes Yes Yes Yes Yes Yes 7.14 oRDINANCE#2008-027 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 23, "TAXATION", ARTICLE VI, "SERVICE CHARGES FOR PROCESSING LIEN INFORMATION", SECTION 23-67,..CHARGES FOR PREPARING AND RECORDING LIENS AND LIEN SATISFACTIONS'' TO ESTABLISH A FEE FOR THE PROCESSING OF PARTIAL RELEASE OF CODE ENFORCEMENT LIENS IN ALL MORTGAGE FORECLOSURT CASES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Vice-Mayor Castro motioned to adopt the Consent Agenda, with the exception of Items #7.2, #7.6, #7.8, #7.10 and #7.13; seconded by Commissioner Bertino. The motion carried on the following 5-0 RoIl Call vote: Commissioner Anton Commissioner Bertino Commissioner Flury Minutes of Regular Meeting Dania Beach City Corrunission Tuesday, September 23, 2008 - 7:00 p.m. Yes Yes 7 Yes Yes Ordinances (Titles read bv City Attorney) 8. Bids and Request s for Proposals 8.1 RESOLUTTON#2008-1'/3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE AWARD OF CONTRACT FOR THE DANIA BEACH PUBLIC SERVICES ADMINISTRATIONBUILDING; AUTHORIZING THE AWARD OF BID TO WEST CONSTRUCTION, INC. FOR CONSTRUCTION ACTMTIES IN THE AMO1INT OF $3,046,982.00; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE AGREEMENT; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING FOR FIINDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDINC FOR AN EFFECTIVE DATE. City Attomey Ansbro read the title of Resolution #2008-173. Dominic Orlando, Director of Public Services, recommended award of the contract Commissioner Anton motioned to adopt Resolution #2008-173; seconded by Commissioner Bertino. The motion carried on the following 5-0 Rolt Call vote: Commissioner Anton Commissioner Bertino Commissioner Flury Vice-Mayor Castro Mayor Jones Yes Yes Yes Yes Yes Yes Yes 8.2 Mausoleum Bid Award Discussion Dominic Orlando, Director of Public Services, requested permission to continue to negotiate price and scope of service with the only firm that responded to the bid. The scope of work submitted includes additional services not requested. Commissioner Anton motioned to proceed with the negotiation; seconded by Commissioner Flury, The motion carried on the following 5-0 Rolt Call vote: Yes Yes Yes 9. Public Hearin 9.1 oRDINANCE#2008-026 AN ORDINANCE OF THE CITY OF DAMA BEACH, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES, AMENDING CIIAPTER 28 'ZONING," ARTICLE 2 *DEFINITIONS,'' IN ORDER TO PROVIDE A DEFIMTION OF TEMPORARY SIGN; AMENDING ARTICLE 28 .SIGNS." IN ORDER TO AMEND THE PERMITTING PROCEDT'RE FOR TEMPORARY SIGNS (WHICH INCLUDE BUT ARE NOT LIMITED TO POLITICAL SIGNS) PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND RTADING) Minutes of Regular Meeting Dania Beach City Commission Tuesday, September 23, 2008 7:00 p.m. 8 Commissioner Anton Commissioner Bertino Commissioner Flury Vice-Mayor Castro Mayor Jones City Attomey Ansbro read the title of Ordinance #2008-026. He noted this is a housekeeping matter. Mayor Jones opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Commissioner Flury motioned to adopt Ordinance #2008-026, on second reading; seconded by Vice-Mayor Castro. The motion carried on the following 4-0 Rolt Call vote: Commissioner Anton Commissioner Bertino Commissioner Flury Yes out of the room Yes Vice-Mavor Castro Mayor Jones Yes Yes 10.1 Discussion ofCode Issues relating to properties annexed into the City in 2001 City Attomey Ansbro noted the Building Official, City Manager, Public Services Director, and Mr. Lupo went to inspect the building at 4741 SW 42"d Tenace. He indicated that the building was never permitted by Broward County and violates several setback requirements. 10. Discussion and Possible Action Nick Lupo, Code Compliance Manager, noted the building requires after the fact permits and variances, or would need to be removed. City Attomey Ansbro confirmed that no minutes were found from previous meetings regarding this matter. He read from the Annexation Agreement with Broward County regarding building matters. He acknowledged that the previous property owners did not obtain permits to construct the building, and there are safety issues that need to be addressed if the building is maintained. He suggested the Commission could waive the variance fees for this building, but the life safety issues need to be addressed. Sean Eckhardt, 4741 SW 42'd Terrace, noted the building has been standing for 36 years Nick Lupo, Code Compliance Manager, said that the Building Official and Dominic Orlando, as an engineer, inspected the building. He stated it is the property owner's responsibility to provide the documentation as to when the building was constructed and what types of materials were used in construction. The City cannot do the inspections and approvals because there would be a conflict ofinterest because they would also be the ones reviewing it for approval. Mayor Jones said allowing this would set a precedent, so we need to do something that has to sunset at some point in time. If the property is sold, the new owner will have the same problem. He indicated that a suggestion was made that perhaps we could take aerial photos of the area and use them as a reference from this date forward to document everything in the area. 9Minutes of Regular Meeting Dania Beach City Commission Tuesday, September 23, 2008 7:00 p.m. Commissioner Bertino commented we should not have that many cases in that area in the future. However, we cannot allow an unsafe structure; the building will need to be brought up to safety standards. Mr. Eckhardt commented that nobody from the City inspected the building when they Iooked at the structure. Mr. Lupo stated we would be setting a precedent if our inspectors inspected it; it would still be an un-permifted structure. He said Mr. Eckhardt needs to hire an engineer to certify the structure, and would have to provide proof of how long the structure has been there. He said City documents show that the building has only been there since 1998; we do not have aerials from before that date. If Mr. Eckhardt can prove that the structure was there before 1998, the building would only need to comply with the building codes that were in effect at the time of construction. Vice-Mayor Castro noted we should have done our due diligence at the time of annexation. She noted the structure was not cited as an unsafe structure, only lbr not being pemitted. She questioned why the building did not show as un-permitted when Mr. Eckhardt purchased the property. Vice-Mayor Castro said she would motion to waive the application fees and support the variance requests if certified engineer/architect drawings are submitted. Commissioner Bertino advised that the Title Insurance purchased when the building was bought should cover the cost ofthe engineer fees. Commissioner Anton stated Mr. Eckhardt would have known if the building was un-permitted, had he purchased Title Insurance. He noted the only way to resolve the issue is to get an engineer to certify the building and get an architect to draw it up. Commissioner Anton stated he would support the request if it meets all the criteria, and the neighbors do not object. Commissioner Flury concurred with Vice-Mayor Castro and Commissioner Anton. She said she remembers speaking with Spence Johnson, former Code Enforcement Official, and he assured her that the building was grandfathered-in. She stated that in her conversations with the prior owner, he told her that the building had been there forever. She indicated that a survey of the prope(y at the time of purchase should show the building on the property. Commissioner Flury acknowledged that if the building needs to be brought up to code, it will be costly. lf the building is declared unsafe, it is a liability issue for the City and the building would need to be upgraded. Vice-Mayor Castro clarifled that the building is not unsafe; we are not bringing the building up to code; we are only validating that the building met code when it was constructed. The consensus of the Commission was to waive the fees for Mr. Eckhardt, and lor the Assistant City Manager to be the point of contact for submission of documents and request for waiver ol fees. Minutes of Regular Meeting Dania Beach City Commission Tuesday, September 23, 2008 7:00 p.m 10 The Commission changed the meeting date to Wednesday, November 12,2008 at 7:00 p.m 1 1. Commission Comments I I .1 Commissioner Anton Commissioner Anton referenced a letter that the Commission received from Brenda Chaliiour, Special Counsel on environmental and airport issues. He noted she is requesting an increase in the number ofhours from 35 to 45 per month. Commissioner Anton motioned to amend Resolution #2001-223 to increase thc number of hours to 45 per month, at the same hourly rate, with funding from the Airport Fund; seconded by Commissioner Flury. The motion carried unanimously. Commissioner Anton reported that he, Brenda Chalifour, and Attomey McAliley met with the Director of the FAA in Washington DC last week, and explained the City's position and issues with the EIS. He indicated that they will be providing additional information as requested by the FAA. ll.2 CommissionerBe(ino Commissioner Bertino noted the Airport Fund will evaporate quickly and we need to consider increasing the funds. I 1.3 Commissioner Flury Commissioner Flury commented on the graffiti throughout the City. She suggested that Code Compliance communicate with FP&L and AT&T to clean the graffiti on their structures. She noted the worst building is on Stirling and Bryan Roads, and questioned why we couldn't get the owner to do something. Assistant City Manager Donnelly responded he would follow through with Code Compliance and report to the Commission. Commissioner Flury requested clarification on the performance evaluations for the City Manager and City Attorney. She noted the City Manager is on a flat salary and there is no COLA or merit increase. City Attomey Ansbro confirmed that there is no change in compensation unless the Resolution thal lists their benefits is amended. Minutes of Regular Meeting Dania Beach City Commission Tuesday, September 23,2008 - 7:00 p.m. l1 10.2 Discussion of rescheduling the November I l, 2008 (Veterans Day) City Commission Meeting Patty Vamey, Director of Finance, explained that in the past, the resolution for the City Manager and City Attomey included both the COLA and Merit increase effective on October l"t. She confirmed that a new resolution would need to be voted on by the Commission to provide a merit or COLA for the City Manager and City Attomey. Commissioner Anton clarified that the Performance Evaluation of the City Manager and City Attomey does not entitle them to a raise unless a resolution is adopted by the Commission. Mayor Jones stated that this matter should not be on any Commission agenda unless the Commission requests it. The consensus ol the Commission was that these items will not be placed on a Commission agenda. 11.4 Vice-Mayor Castro Vice-Mayor Castro questioned the grass area between the sidewalk and Federal Highway. Dominic Orlando, Director ol Public Services, responded the area is maintained by the City. FDOT replaced our irrigation lines and they are installing sod and/or trees. He noted the FDOT contractor is currently handling the project. Vice-Mayor Castro commended CRA Director Earle for holding another meeting with Dania Beach Heights for their input on what they want in their neighborhood. Vice-Mayor Castro noted she and the Mayor were at the County meeting today and watched the adoption of the County Resolution to proceed with the Dania Beach Library. 1 1 .5 Mayor Jones Mayor Jones reported Code violations at an Auto Repair Shop on Phippen Waiters Road, and another near the parking lot at Ryan Realty on 1't Street and l't Avenue. Mayor Jones suggested we integrate some green initiatives in our Building Code. Mayor Jones noted the Dania Beach Library was approved by the Broward County Commission. The Commission acknowledged that Vice-Mayor Castro was the point person on the Dania Beach Library and did an exceptional job. 12. Appointments There were no appointments at this meeting Minutes of Regular Meeting Dania Beach City Commission Tuesday, September 23, 2008 7:00 p.m. TZ 13. Administrative ReDorts 13.1 City Manager Assistant City Manager Donnelly had no comments. 13.2 CityAttomey City Attomey Ansbro had no comments. 13.3 City Clerk - Reminders Wednesday, September 24, 2008 - 7:00 p.m. Wednesday, October 8, 2006 5:00 p.m. Wednesday, October 8, 2008 - 6:00 p.m. Tuesday, October 14,2008 7:00 p.m. Tuesday, October 28, 2008 - 7:00 p.m. 14. Adioumment Mayor Jones adjourned the meeting at 9:33 p.m. ATTES T: ,) LOUISE STILSON, CMC CITY CLERK Approved: October 14, 2008 Minutes of Regular Meeting Dania Beach City Commission Tuesday, September 23, 2008 - 7:00 p.m. Final Public Hearing Budget CRA Board Meeting Commission Workshop - Site Plan Review City Commission Meeting City Commission Meeting CITY OF DANIA BEACHAudc^ ALBERT C. JONES MAYOR-COMMISSIONER .\.\ s t3