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HomeMy WebLinkAbout2006-09-26 Regular City Commission Meeting Minutes MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, SEPTEMBER 26, 2006 - 7:00 P.M. 1. Call to Order Mayor Flury called the meeting to order at 7:03 p.m. 2. Invocation and Pledge of Allegiance Reverend Gregory Pope, Bethel Missionary Baptist Church, gave the Invocation followed by the Pledge of Allegiance to the United States Flag. 3. Roll Call Present: Mayor: Patricia Flury Vice-Mayor: Bob Anton Commissioners: John Bertino Anne Castro C.K. McElyea City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson 4. Presentations and Special Event Approvals There were no presentations at this meeting. 5. Proclamations There were no proclamations at this meeting. 6. Citizen Comments Captain Mary Schmid spoke to the issue of fuel delivery to homes. She noted she attended the Marine Advisory Board meeting last week, and thought it was an excellent presentation. She stated it is safer to have a licensed, bonded, and insured individual deliver fuel to their homes. Commissioner McElyea asked the City Attorney to draft an Ordinance to allow fueling in residential neighborhoods. Mayor Flury responded we asked the Marine Advisory Board and Fire Department to meet and review the issue thoroughly and make a collective recommendation to the Commission. Commissioner McElyea motioned to direct the City Attorney to write an Ordinance for consideration by the City Commission; seconded by Commissioner Bertino. Commissioner Castro commented we don't have any information yet, and questioned how the City Attorney would write the Ordinance. She would like to give the Marine Advisory Board a chance to make recommendations to the Commission. Vice-Mayor Anton commented he attended the Marine Advisory Board meeting, and noted that one suggestion was that the Fire Chief form a group, to include suppliers and citizens. He thinks we need to wait for a recommendation from the Fire Chief and Marine Advisory Board. Commissioner McElyea withdrew his motion. Fire Chief Ken Land noted they had a good meeting and they will continue to meet. He reminded the Commission that there is an Ordinance that needs to be rescinded, and noted we also passed Ordinances that allow generators. The old Ordinance does not allow LP fuel tanks to be filled. He indicated the City Attorney needs to review the Ordinances for generators and liquid petroleum tanks. Kurt Ely, SW Dania, commented on a problem with the Advisory Boards. He noted the terms of the Boards end with the new Commission. He suggested the Commission change the Ordinance/Charter so that all Commission Advisory Boards expire 60 days after the swearing-in of the new Commission, or sooner if the Commissioner appoints the person to that seat. 7. Consent Agenda Items pulled from Consent Agenda: #7.3, #7.4, #7.6 7.1 Minutes: Approve minutes of Regular City Commission meeting of September 12, 2006 Approve minutes of the Proposed FY 2006/2007 Budget Public Hearing of September 14, 2006 7.2 Travel Requests: Travel request of Louise Stilson to attend the 2006 City Clerk Career Development Institute in Lake Mary, Florida, on October 10-13, 2006, for certification purposes. (Estimated cost $711.35; remaining balance $1,804.65) Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday, September 26, 2006—7:00 p.m. Request of Commissioner Anne Castro to attend the Second Annual Florida Gaming Summit in Hollywood, Florida, on October 16-17, 2006. (Estimated cost $375; remaining balance $9,625) Resolutions 7.3 RESOLUTION#2006-156 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,AUTHORIZING AN ADJUSTMENT OF THE COMPENSATION PAID TO THOMAS J. ANSBRO AS CITY ATTORNEY; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.4 RESOLUTION#2006-155 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA, AUTHORIZING AN ADJUSTMENT OF THE SALARY PAID TO THE CITY MANAGER PURSUANT TO THE CITY MANAGER EMPLOYMENT CONTRACT EXISTING BETWEEN IVAN PATO AND THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2006-156 and Resolution #2006-155. Mayor Flury commented she pulled these because these are positions that should be contract positions. These salaries are set based on similar sized cities, and they should be established on an annual basis. She does not think they should be part of the Employees' Salary Plan. She asked the Commission to consider this as we go into future budgets. Mary McDonald, Director of Human Resources and Risk Management, concurred with Mayor Flury's recommendation that the City Manager and City Attorney positions do not belong in the pay plan because they are negotiated. Commissioner Bertino motioned to adopt Resolution #2006-156 and Resolution #2006-155; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor.Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes 7.5 RESOLUTION#2006-159 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO RENEW AN AGREEMENT WITH THE MAXON COMPANIES TO PROVIDE A SELF- FUNDED DENTAL, VISION AND DISABILITY PLAN TO ELIGIBLE EMPLOYEES; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION#2006-160 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO RENEW AN AGREEMENT WITH AVMED HEALTH PLANS TO PROVIDE A SELF- FUNDED OPEN ACCESS POINT OF SERVICE ("POS") PLAN TO ELIGIBLE EMPLOYEES, AND RETIREES;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday, September 26,2006—7:00 p.m. • City Attorney Ansbro read the title of Resolution 42006-160. Mayor Flury commented on the continued acceleration of the cost of health care. She noted ours has not increased this year and thanked staff. Commissioner Castro motioned to adopt Resolution #2006-160; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes Commissioner Castro motioned to approve the Consent Agenda, with the exception of Items #7.3, #7.4, and #7.6; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes 8. Bids and Requests for Proposals 8.1 RESOLUTION#2006-148 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AWARDING THE BID TO PUBLIC RISK INSURANCE AGENCY IN THE AMOUNT OF $1,044.897.00 FOR THE PURCHASE OF PACKAGE INSURANCE (TO INCLUDE COVERAGES FOR PROPERTY AND CASUALTY, CRIME AND EMPLOYEE DISHONESTY, GENERAL LIABILITY, AUTOMOTIVE LIABILITY AND PHYSICAL DAMAGE, PUBLIC OFFICIALS LIABILITY, EMPLOYMENT PRACTICES LIABILITY, STATUTORY ACCIDENTAL DEATH AND DISMEMBERMENT AND WORKERS' COMPENSATION) FOR THE PERIOD OCTOBER 1, 2006 THROUGH SEPTEMBER 30, 2007; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Continued from September 12,2006) City Attorney Ansbro read the title of Resolution #2006-148. Mary McDonald, Director of Human Resources and Risk Management, noted a comprehensive information package was distributed to the Commission, and is included in the agenda packet. She reported they attempted to negotiate several items with the Florida League of Cities, but while some could be negotiated, it would not result in a favorable premium. Commissioner Bertino motioned to adopt Resolution #2006-148; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday, September 26,2006-7:00 p.m. 9. Public Hearings and Site Plans There were no public hearings at this meeting. 10. Commission Comments 10.1 Commissioner Bertino Commissioner Bertino wished Commissioner McElyea the best of luck in his run for the School Board. 10.2 Commissioner Castro Commissioner Castro thanked staff for putting up the Library directional signs. She said she is looking forward to the reopening of the I.T. Parker Community Center tomorrow. She had a wonderful dinner at the Kiwanis. She met with Marina Mile and discussed the Enterprise Zone. The Tourism Council is celebrating their first anniversary on Thursday. She advised that Eileen Cudney stepped down from her position at the Broward League of Cities. She congratulated Albert Jones on his interim appointment to the District 1 School Board. She noted the Broward • League of Cities Hurricane Committee submitted its first hurricane tip sheet, and hoped the City Manager would incorporate the information into the communications that go out to the residents. 10.3 Commissioner McElyea Commissioner McElyea commented it has been his pleasure to serve the people of Dania Beach, and that he will run for the District 1 School Board. He thanked everyone for their support. Commissioner McElyea advised his daughter is not interested in being appointed to fill his temporary vacant position. 10.4 Vice-Mayor Anton Vice-Mayor Anton commented he also attended the Marina Mile meeting, and today the Broward County Commission heard the Boat Siting Plan, which includes dockage. The County Commission voted unanimously to transmit it to the Fish and Game Commission.for review. He mentioned this because it will have a major effect on Dania Beach. He asked the Commission to direct the Mayor to send a letter to the Broward County Commission in support of their plan. He noted the Marine industry brings $10 Billion into Broward County. He will provide information to the City Manager so the letter can be written. The consensus of the Commission was to write the letter. Vice-Mayor Anton wished Commissioner McElyea well on his run for the School Board. Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday, September 26,2006—7:00 p.m. 10.5 Mayor Flury • Mayor Flury also wished Commissioner McElyea well on his campaign. Mayor Flury asked BSO Chief Cowart to report on the activities they have been conducting in the past several months. BSO Chief Bryan Cowart reported they had an operation called Showtime which consisted of undercover deputies engaging in drug purchases. The purchases were audio and video taped for courtroom presentation. For two months they were in the NW and SW portions of the City and engaged in 113 drug buys, involving 55 individuals. He noted they arrested 46 individuals on a variety of charges, including the sale, manufacture and delivery of cocaine. The arrests consist of 11 individuals in the NW community; 21 individuals in the College Gardens area; and 13 individuals in the Triangle Village area. He considers the operation a huge success. Mayor Flury did not recall if we had a Volunteer Recognition Party last year. City Manager Pato responded we had one last year at Frost Park, and we plan on having another one this year in the fall. Mayor Flury noted the Commission concluded the Budget and were able to reduce the millage rate to 6.0679, which is a significant reduction. She thanked staff for their cooperation in the • Budget reduction. She asked the Commission to consider not approving the Firefighter positions for 2 months so the City Manager could discuss the issues with the Fire Chief. Mayor Flury passed the gavel and motioned to postpone hiring the 3 Firefighters for 2 months to allow the City Manager an opportunity to talk to the Fire Department; seconded by Commissioner McElyea. Commissioner Castro gathered the discussion was on contract elements. She agrees we need to do something on the pension, but she objects, and will vote no, because we are mixing safety and welfare of citizens with a contract negotiation. She thinks the Fire Chief should make the decision whether to hire; she thinks the City Manager should negotiate with the Union. Commissioner Bertino commented we need to bring our City up to the safety level that our citizens deserve. He will also vote no. City Manager Pato commented the Fire Department is not receptive to talking about the pension until the contract is negotiated. He quoted their initial reaction: "If there is nothing in it for us, we are not interested in talking." Mary McDonald, Director of Human Resources and Risk Management, noted hiring would depend on the response we receive,but it would generally take 2 months. Fire Chief Land concurred it is a 2 month period to hire personnel. Minutes-of Regular Meeting 6 Dania Beach City Commission Tuesday, September 26, 2006—7:00 p.m. • Vice-Mayor Anton commented he supported attaching the pension issue because we need to take a hard look at our pension in the near future. He would like the Fire Department to enter into a dialogue because the City may not be able to afford the current pension plan in the future. He urged the Fire Department to look at a re-opener. He stated he would not compromise public safety. The motion was defeated on the following 2-3 Roll Call vote: Commissioner Bertino No Vice-Mayor Anton No Commissioner Castro No Mayor Flury Yes Commissioner McElyea Yes Mayor Flury commented it has never been our intention to adversely affect those who are currently working. The pension issue would be the same that was done for the General Employees; all new employees hired after March 1, 2006 become members of the Florida State Retirement System (FRS), which has saved the City a considerable amount of money. We are asking the Fire Department to talk to us about how we can structure a new pension program for new Firefighters only. She stated the existing Pension Plan is going to break the financial back of the City, and sooner or later the Commission has to stand up and do something about it. City Manager Palo commented on information he received during his ICMA Conference. He stated the issue of benefits, including pension and health care, and all the traditional entitlement- type programs that have been the model of government are under attack financially,because they are becoming impossible to afford unless cities expand their tax base or raise taxes. He indicated GASB 45 will require governments to report in detail the amount of liabilities they are accumulating as a result of their pension plans. We will need to deal with this in 2 years. He commented that governments where the tax base cannot be expanded with more buildings will go into bankruptcy unless they find ways to deal with these issues. He noted Governments are beginning to experiment with 401 and 457 plans. He stated the General Employees have been open and receptive to the changes necessary, but the Fire Department has not. He said it would be irresponsible for him as the City Manager, and the City Commission, to ignore these issues. 11. Discussion and Possible Action 11.1 Discussion of the Design Arts Program Grant by George Gadson and Don Biehn George Gadson, Public Artist, commented the City of Dania Beach applied for a Grant through the Broward County Cultural Affairs Division for $15,000 to hire consultants. Their purpose in doing the work for the City is to do assessments and receive feedback from the community. He provided questionnaires to the Commission, and noted they would make their final report to Broward County at the end of October. They were charged with developing a historic map. Warren Adams, Broward Trust for Historic Preservation, reported that 79% of buildings in the • proposed historic area are over 50 years old. He indicated the historic designations could Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday, September 26,2006—7:00 p.m. • provide financial incentives for property owners through federal, state and county grants, or grants from the National Trust. He said the Commission has to decide what to do. Mr. Gadson commented three possibilities for incorporating public art into the environment are: create a pedestrian friendly environment; create a gathering place; and create a sign system that direct individuals to a cultural tour. He stated art is an economic engine that creates income, and arts and history revitalize areas. He indicated they would bring proposals forward at a later date. Commissioner Castro thanked the Committee for their hard work. 12. Appointments Mayor Flury commented there are 3 vacancies on the Marine Advisory Board which need to be filled at the next City Commission meeting. She also noted the Human Relations Committee has some significant issues they have been trying to deal with, but have been unable to reach a quorum. She sent letters to the Committee members asking them to be considerate. She asked the City Clerk to send a termination letter to those with unexcused absences, and to report to the Commission at the next meeting. There were no appointments at this meeting. 13. Administrative Reports 13.1 City Manager City Manager Palo had no additional comments. 13.2 City Attorney City Attorney Ansbro commended Commissioner McElyea for his leadership, dedication, and community pride and generosity. He wished him well on his run for the School Board. 13.3 City Clerk—Reminders Wednesday, October 4, 2006— 5:30 p.m. —Regular CRA Board Meeting - Cancelled Tuesday, October 10, 2006—7:00 p.m. —Regular City Commission Meeting Tuesday, October 24, 2006—7:00 p.m. —Regular City Commission Meeting Commissioner McElyea submitted a letter of resignation to the City Clerk. His resignation is effective at 12:01 a.m. on September 27, 2006. Mayor Flury commented, at an appropriate time, we will have Commissioner McElyea come back to be properly recognized for his many years of service. She stated she has been contacted Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday, September 26, 2006—7:00 p.m. by several people who are interested in filling Commissioner McElyea's position. She asked the City Attorney how we proceed. City Attorney Ansbro responded the Charter provides the Commission has 30 days to decide and appoint a successor to serve the unexpired portion of the term which expires in March 2007. Mayor Flury suggested interested persons submit a letter of interest to the Commission during the next 7-10 days. She also suggested the City Clerk draft a letter of interest for people to sign. She stated the Commission should hold a special meeting in 10 days to begin the process. Vice-Mayor Anton commented this is an important decision to make; he agrees with holding a special meeting or workshop, but thinks 10 days is too soon. City Clerk Stilson advised that Commissioner Bertino would be out of town effective October 11, 2006, so the meeting would need to be held before that date. Commissioner Bertino questioned if the Commission should only appoint people who will not run for the Commission in the upcoming election. Mayor Flury responded we should not set the criteria; the purpose of a workshop is to set the parameters. • 14. Adjournment Mayor Flury adjourned the meeting at 8:15 p.m. CITY OF DANIA BEACH r�� ,&v ATTEST: PATRICIA FLURY MAYOR-COMMISSIONER LOUISE STILSON, CMC CITY CLERK Approved on October 10, 2006 Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday, September 26,2006—7:00 p.m.