HomeMy WebLinkAbout19 - MINUTES - City Commission MINUTES OF REGULAR MEETING
DANIA BEACH CITY COMMISSION
TUESDAY, SEPTEMBER 12, 2006 — 7:00 P.M.
1. Call to Order
Mayor Flury called the meeting to order at 7:01 p.m.
2. Invocation and Pledge of Allegiance
Reverend Mario Cinelli, Lighthouse Community 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—arrived at 7:04 p.m..
® Anne Castro
C.K. McElyea
Acting City Manager: Laurence Leeds
City Attorney: Thomas Ansbro
City Clerk: Louise Stilson
Absent:
City Manager: Ivan Pato
Mayor Flury reversed the order of Items #4.1 and#5.1.
4. Presentations and Special Event Approvals Discussed after Item #5.1
4.1 Special Event approval for "Tamara James Day to be held at C.W. Thomas Park on
Saturday, September 16, 2006 from 9:00 a.m. —7:00 p.m.
Commissioner Bertino motioned to approve the Special Event request for Tamara James
Day on September 12, 2006; seconded by Commissioner McElyea. The motion carried
unanimously.
Mayor Flury noted that Vice-Mayor Anton will present a Key to the City to Tamara James
during the event.
i
. 5. Proclamations Discussed after Roll Call
5.1 Tamara James Day
Mayor Flury noted the accomplishments of Tamara James during her basketball career with the
University of Miami. Ms. James was born and raised in Dania Beach and was drafted in the first
round by the.Washington Mystics, and now plays professional basketball. Mayor Flury read the
proclamation for "Tamara James Day", and asked the Commission to join her in presenting the
proclamation to Tamara James and her family.
Tamara James thanked her parents, coaches, friends and family, and the City of Dania Beach for
showing her so much love and appreciation.
6. Citizen Comments Discussed after Item #4.1
Robin Hirsch, on behalf of the Dania Beach Chamber of Commerce, invited everyone to
participate in the Charity Golf Tournament which benefits the Joe DiMaggio Children's
Hospital. She thanked the Commissioners for previously sponsoring a tee or green. She noted
the tournament will be held on October 14ih at the Hollywood Beach Golf and Country Club.
. Joe Van Eton, President of the Dania Beach Tourism Council, thanked Commissioner Castro for
her initial presentation of the Discovery Map at the previous City Commission meeting. He
advised the Tourism Council would present a formal report at the next Commission meeting. He
noted the first anniversary of the Dania Beach Tourism Council was coming up and invited the
Commission to attend the Greater Ft. Lauderdale Convention and Visitors Bureau Tourism
Marketing Plan Luncheon on September 28th; later that evening, the Discovery Map will be
launched at IGFA. He invited everyone to attend.
George Jason, 4549 SW 37`h Avenue, commented we are supposed to be a marine friendly City,
but we have an Ordinance that prohibits residents from having fuel delivered into a residential
area to service boats. He suggested the Marine Advisory Board investigate the issue and make a
recommendation to the Commission.
Randy Arline, 4696 SW 35`h Avenue, presented a packet to the Commission with information
from two fuel carriers he has used to fuel his boat in the last year. He noted the Waterfront News
has an article on dockside fueling in this month's issue. He requested the Commission change
the Ordinance to allow dockside fueling in residential neighborhoods.
Rendi Arline, 4696 SW 35`h Avenue, presented pamphlets on the types of trucks they are
requesting be allowed in the residential neighborhoods. She would like to enjoy the same
benefits afforded to boaters in surrounding cities.
Minutes of Regular Meeting 2
Dania Beach City Commission
Tuesday, September 12,2006—7:00 p.m.
Richard PFenniger, 4613 SW 37th Avenue, commented that he voted to annex into the City
• because the City said they would be a boater friendly environment. He urged the Commission to
change the Ordinance.
Captain Mary Schmid, 4740 SW 43rd Avenue, noted she voted to annex into Dania Beach
because Dania Beach was a boater friendly community. She commented on a fuel spill in their
canal when a boat sank; and she called the City of Dania Beach Fire Department and was told it
was not our problem. She commented if we do not allow gas, we should not allow LP gas either.
She asked the Commission to continue to make Dania Beach a boater friendly community.
Vice-Mayor Anton commented he has been communicating with the Arlines and recommended
they meet with the Marine Advisory Board. He noted he received a list of fuel delivery vendors,
and only one vendor is local. He noted the trucks are FDOT qualified, and cleared through the
Coast Guard and a couple of different cities. He would like to hear the recommendation from the
Marine Advisory Board on this issue.
Mayor Flury commented this issue should not be turned over to the Marine Advisory Board. She
agrees they can look at it,but they should work with the Fire Department.
Vice-Mayor Anton agreed the Fire Department should work with the Marine Advisory Board.
Commissioner Bertino would like the Fire Department to also look at the issue of LP gas tanks in
• residential areas.
Ted Testerman, 1325-1327 SW 2„d Avenue, noted his neighborhood is a bad drug induced area.
He said his house has been vandalized, and expressed his condolences for what BSO has to put
up with. He noted that as citizens of Dania Beach, they see the same drug dealers on the street
everyday. He requested the Commission give BSO more resources to combat this problem.
Dan Skola, 4600 SW 34th Terrace, questioned if propane fuel would be permitted for whole-
house generators. He stated he is being punished by the Ordinance that does not allow
residential fuel delivery because it costs more to purchase gas at the marina.
Laurence Leeds, Acting City Manager, responded he would call Mr. Skola tomorrow regarding
propane fuel for home generators.
Michael Morrison, 325 NE 3rd Avenue, stated he supports the change to the Ordinance to allow
fuel delivery. He said today's prices on delivered diesel fuel are cheaper than at the marina. He
thinks it is time to change several issues that affect boaters.
Bobbie Grace, 110 NW 8th Avenue, commented on Little League Football Season at Modello
Park. She is concerned about the debris that is left behind after the games because Public Works
does not pick up until Monday mornings. She indicated that MUPA is the only organization that
cleans up after their events. She asked that Public Works, or Parks and Recreation, schedule an
employee to work on the day of the events, or the next morning, to clean up the park.
Minutes of Regular Meeting 3
Dania Beach City Commission
Tuesday, September 12,2006—7:00 p.m.
. Mayor Flury suggested the departments work together to resolve the situation.
Dominic Orlando, Director of Public Services, noted it took three hours for four of his staff to
clean up the park on Monday morning.
Mayor Flury requested the Marine Advisory Board work with the Fire Chief on the residential
fueling issue and bring a recommendation to the Commission in one month.
7. Consent Agenda
7.1 Minutes:
Approve minutes of Regular City Commission meeting of August 22, 2006
7.2 Travel Requests:
Travel request of Corinne Lajoie to attend the Florida Chapter - 2006 American Planning
Association Conference on September 27-30, 2006, at Marco Island, Florida, for certification
purposes. (Estimated cost $909.40—Remaining Budget $12.28)
Resolutions
• 7.3 RESOLUTION#2006-145
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN INTERLOCAL AGREEMENT
BETWEEN THE CITY OF DANIA BEACH AND BROWARD COUNTY, PERTAINING TO INSTALLATION
OF ROADWAY IMPROVEMENTS IN CONNECTION WITH THE PLAT APPROVAL PROCESS FOR THE
FIRE STATION 93 SITE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
7.4 RESOLUTION#2006-144
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO
APPLY FOR THE 2007-2008 FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP)
GRANT FOR C.W. THOMAS PARK PHASE II, IN AN AMOUNT NOT TO EXCEED $215,900.00;
AUTHORIZING THE USE OF MATCHING FUNDS IN THE AMOUNT OF $107,950.00;AUTHORIZING THE
ACCEPTANCE AND EXECUTION OF SUCH GRANT UPON ITS AWARD AND ANY AMENDMENTS TO
IT;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
7.5 RESOLUTION#2006-143
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY
OFFICIALS TO EXECUTE A FIRST AMENDMENT TO AN EXISTING INTERLOCAL AGREEMENT FOR
"GUARANTEED PARTIAL SERVICE BUILDING CODE SERVICES TO BE PERFORMED BY THE
BROWARD COUNTY BUILDING CODE SERVICES DIVISION, DEPARTMENT OF URBAN PLANNING
AND REDEVELOPMENT"; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
Minutes of Regular Meeting 4
Dania Beach City Commission
Tuesday, September 12, 2006—7:00 p.m.
•
7.6 RESOLUTION#2006-146
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ACCEPTING THE SEWER SYSTEM
IMPROVEMENTS, ABSOLUTE BILL OF SALE, SANITARY SEWER EASEMENT AND RELATED
DOCUMENTS FROM EAST FORT LAUDERDALE BUILDING COMPANY, INC., A FLORIDA
CORPORATION IN CONNECTION WITH THE CONSTRUCTION OF THE DANIA BEACH BUSINESS
ADDRESS CONDOMINIUM PROJECT LOCATED AT 611-615 PHIPPEN-WAITERS ROAD IN THE CITY;
PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
7.7 RESOLUTION#2006-147
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 AMOUNT NOT TO EXCEED $24,438.00 FOR THE PERIOD OF OCTOBER 1, 2006
THROUGH SEPTEMBER 30, 2007; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
7.8 RESOLUTION#2006-149
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ACCEPTING SEWER SYSTEM
IMPROVEMENTS, ABSOLUTE BILLS OF SALE, SANITARY SEWER EASEMENTS AND RELATED
DOCUMENTS FROM THE SHERIDAN OCEAN CLUB MASTER ASSOCIATION, INC., A FLORIDA
CORPORATION, EQR PARADISE POINTE VISTAS, INC. AN ILLINOIS CORPORATION, TRAFALGAR
ASSOCIATION OF SHERIDAN LTD., A FLORIDA LIMITED PARTNERSHIP AND SHERIDAN 62, INC., A
FLORIDA CORPORATION IN CONNECTION WITH THE CONSTRUCTION OF THE SHERIDAN OCEAN
CLUB RESIDENTIAL PROJECT LOCATED AT 1155 SE 7T" AVENUE, IN THE CITY; PROVIDING FOR
CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
Commissioner Bertino motioned to approve the Consent Agenda; 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
S. 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.
Minutes of Regular Meeting 5
Dania Beach City Commission
Tuesday, September 12,2006—7:00 p.m.
City Attorney Ansbro read the title of Resolution #2006-148.
Mary McDonald, Director of Human Resources and Risk Management, requested approval to
award the bid to Public Risk Insurance Associates. She noted we received two bids that were
quite competitive, and we negotiated for lower deductibles, which made PRIA the preferred
bidder, plus we would have a consistency factor. The Bid Committee was comprised of three
representatives who concurred on the recommendation. An analysis report was completed, but is
not included in the agenda packet.
Patty Varney, Director of Finance, noted a concern of the Bid Committee was that the Florida
League of Cities conducts an annual audit which could result in an increase in our premiums,
including property and liability insurance. This was the biggest factor in determining which
company to award the bid.
Commissioner Bertino noted he was Chairman of two insurance companies for the Florida
League of Cities a number of years ago. He wants the City to negotiate with the Florida League
of Cities.
Director Varney explained even if the premium for Florida League of Cities looks lower, our
costs will rise after they perform their audit because they apply the increase across the board, not
just to Workers Compensation.
Commissioner Castro questioned if the Florida League of Cities would drop that provision.
Director Varney responded the Committee decided to remain with PRIA because we have used
them for the last two years, and they were not comfortable with the FLC audit issues. She
explained that PRIA uses our budget to determine cost, but FLC uses our salaries to determine
costs for liability insurance.
Commissioner Bertino wants us to negotiate with the Florida League of Cities.
Mayor Flury commented that she has requested back-up information whenever bids are
presented to the Commission. She is inclined to go along with the Insurance Consultant's
recommendation, but it is unprofessional to give this information to the Commission without
back-up.
Commissioner Bertino motioned to send the Consultant to renegotiate with both companies
and bring the backup information at the next City Commission meeting; 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 6
Dania Beach City Commission
Tuesday, September 12,2006—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 had no comments.
10.2 Commissioner Castro
Commissioner Castro reminded everyone of the upcoming Budget Hearings and encouraged
everyone to attend and participate.
Commissioner Castro noted the Kiwanis are holding an Installation Dinner on Friday night at
Lorenzo's Restaurant at 6:30 p.m.
10.3 Commissioner McElyea
Commissioner McElyea had no comments.
10.4 Vice-Mayor Anton
Vice-Mayor Anton noted the Melaleuca Gardens Homeowners Association would meet
tomorrow night at City Hall with County Commissioner Rodstrom. Commissioner Rodstrom
will talk about the airport issues.
10.5 Mayor Flury
Mayor Flury commented the summary of the CPTED studies received from the City Manager is
not helpful and she wants a revised report in time for the Budget meeting on Thursday.
Commissioner Castro mentioned many of the projects are not included in the Neighborhood
Improvement Bond. She asked the City Manager to have a comparison of the items.
Mayor Flury requested information on the problems previously discussed at Frost Park.
Mark Felicetty, Senior Program & Facilities Manager for the Parks and Recreation Department,
noted that the Public Services Department is working in conjunction with the Parks and
Recreation Department to resolve the issues.
Mayor Flury questioned the status of the Beach Bathroom Bid.
Minutes of Regular Meeting 7
Dania Beach City Commission
Tuesday, September 12, 2006—7:00 p.m.
• City Attorney Ansbro responded he sent out alternative bid documents for repairs or design/build
yesterday. He noted the ADA Consultant recommended an elevator if the building has a second
floor. He noted the project is ready to go to bid in one week.
Mayor Flury commented the Budget Hearing is September 14th at 7:00 p.m.
11. Discussion and Possible Action
11.1 Request to cancel the December 26, 2006 City Commission Meeting
Commissioner Castro motioned to cancel the December 26, 2006 City Commission
meeting; seconded by Commissioner McElyea. The motion carried unanimously.
Mayor Flury noted there is a request for funding for Tamara James Day.
Kristen Jones, Director of Parks and Recreation, noted the request is for $1,650 for a Bounce
House, Slide, Rock Climbing, Wall DJ, $200 towards T-Shirts, and $300 for the BSO Special
Detail.
Commissioner Castro questioned how the event was publicized and who was sponsoring the
event.
Director Jones responded the City is not a sponsor of the event. The event was brought to our
attention on August 23rd. As for advertising, there have been articles about Tamara James, and
posters and banners are throughout the community; BSO and MUPA are also advertising for the
event.
Commissioner Bertino questioned if the Human Relations Board had made a recommendation
for funding approval.
Director Jones responded no, because of the late notice of the event due to Tamara's schedule.
Vice-Mayor Anton is concerned with using taxpayer dollars to fund an event for an individual
person. He said he would be proud to present the Key to the City on Saturday, but he has an
obligation to our residents to look at taxpayer dollars. He asked the City Attorney if this would
be setting a precedent.
City Attorney Ansbro responded that each case is unique.
Commissioner Bertino is concerned because the City Commission Policy Manual states
charitable or non-profit organizations may be considered with a recommendation from the
Human Relations Board. He asked the City Attorney if this violated their policy.
City Attorney Ansbro responded the Commission could choose to waive the policy.
Minutes of Regular Meeting g
Dania Beach City Commission
Tuesday, September 12,2006—7:00 p.m.
• Commissioner McElyea commented he may donate to the fund, personally, but he will be
conservative with taxpayer dollars.
Mayor Flury agrees with everyone, however, we can make exceptions to our policy. This is an
extraordinary case and she thinks we should do something special. She wondered if we could
allocate $1,000 from the Bus Bench or Bus Shelter fund and ask the Human Relations Board to
concur with the decision.
Commissioner Castro questioned if it was a private or public party. She noted BSO and Parks
and Recreation are involved, so it may be a City event. She commented having a celebrity who
was raised here could be good role model for others. This is a spotlight on the City, so she
agreed with Mayor Flury's suggestion.
Commissioner Castro motioned to approve $1,000; seconded by Mayor Flury, who passed the
gavel to Vice-Mayor Anton.
Vice-Mayor Anton questioned why BSO was charging $300 for a detail if they were sponsoring
the event. He commented the Bus Bench money is for charitable events, and this will be
worthwhile for the children. He would like to see some of the prominent businesses step up to
the plate and start helping the City sponsor some of these events.
Commissioner McElyea made a $400 donation and asked if BSO could provide the detail at no
cost.
• BSO Chief Cowart responded the event is on the same day as a football event at which they will
have two deputies assigned. He had recommended one additional deputy because they anticipate
200 people. He noted the last detail for the football games cost $450 per deputy in overtime for
two deputies. He noted he would remove the $300 charge.
Director Varney confirmed there is no Bus Bench revenue available for FY 2006.
Commissioner McElyea donated $1,150 for the event.
12. Appointments
There were no appointments at this meeting.
13. Administrative Reports
13.1 City Manager
Laurence Leeds, Acting City Manager, provided a status of City permits:
•
Minutes of Regular Meeting 9
Dania Beach City Commission
Tuesday, September 12,2006—7:00 p.m.
City Hall: Application received 08-04-06, plans reviewed and rejected by Electrical, Fire,
Mechanical and Structural; approved by Plumbing and Zoning. All comments faxed to Coastal
Contracting on 09-09-06 for correction.
Melt Park: Permit issued on 09-06-06
Pier Restaurant Interior: Building Official Reeves worked on this all day yesterday and today;
he hopes to have all the disciplines approved by tomorrow, allowing for possible permit issuance
on Thursday.
13.2 City Attorney
City Attorney Ansbro had no comments.
13.3 City Clerk—Reminders
Thursday, September 14, 2006—7:00 p.m. —First Budget Public Hearing
Wednesday, September 20, 2006—7:00 p.m. — Second Budget Public Hearing
Thursday, September 21, 2006—6:00 p.m. —Abatement Hearing
Tuesday, September 26, 2006—7:00 p.m. —Regular City Commission Meeting
14. Adjournment
Mayor Flury adjourned the meeting at 8:23 p.m.
CITY OFF DANIA BEACH
ATTEST: PATRICIA FLURY
Q i MAYOR-COMMISSIONER
LOUISE STILSON, CMC
CITY CLERK
Approved on September 26, 2006
•
Minutes of Regular Meeting 10
Dania Beach City Commission
Tuesday, September 12,2006—7:00 p.m.