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HomeMy WebLinkAbout30 - MINUTES - City Commission MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, MAY 23, 2006 - 7:00 P.M. 1. Call to Order Mayor Flury called the meeting to order at 7:04 p.m. 2. Invocation and Pledge of Allegiance Gary Garofalo, Chaplain, American Legion Post #304, Dania Beach, gave the Invocation followed by the Pledge of Allegiance to the United States Flag, and a "Salute to Veterans" by the American Legion Post Color Guard. 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 Item #4.1 was heard after Item #4.2 4.1 Presentation of the City of Dania Beach 2006 Hurricane Plan Michael Cassano, Deputy Fire Chief, distributed a copy of the Emergency Preparedness Plan Manual and advised this was a team effort. He noted that both the Emergency Preparedness Plan and the Comprehensive Emergency Operations Plan meet the requirements of NIMS (National Incident Management System) and the Federal Government. Deputy Fire Chief Cassano stated that the City is prepared and listed the following Emergency Readiness steps which have already been taken: • Review of 2005 hurricane readiness and remedies o Training essential personnel with NIMS updates ® Attended County-wide preparation meetings • Utilized National Incident Management System ® Police response included in update Deputy Fire Chief Cassano further indicated that the Emergency Operation Centers (EOC) would be located at Fire Station #1, and at the Hollywood-Dania Beach Joint Fire Station in the west area. He noted both EOC's have all the necessary equipment required in the event of a hurricane or any other type of emergency. Deputy Fire Chief Cassano advised there are 12 shelters throughout Broward County and the locations are determined by the American Red Cross. He finally commented that a Hurricane Safety Guide issued by the Broward Emergency Management Agency containing details such as a Hurricane Evacuation Map, address of shelters, important telephone numbers, and other valuable information was now available to the residents. Deputy Fire Chief Cassano noted Richard Perkel, Broward County Emergency Management Agency representative, was available to answer any questions. Commissioner Bertino thought 12 shelters in Broward County was a small number of facilities considering the current population and how fast it is growing. Mayor Flury asked the approximate occupancy of the shelters. Deputy Fire Chief Cassano advised they have not had more than ten percent occupancy. . Commissioner Castro asked Mr. Perkel if there would be a fuel system implemented in conjunction with Port Everglades so that there would be no gasoline or petroleum issues, mainly for our Fire Rescue vehicles. Mr. Perkel advised he was not aware of any such arrangement, however, he would be willing to look into it. Mayor Flury encouraged people with special needs to pre-register with the Broward County Elderly & Veterans Services, as soon as possible. She also suggested pre-registering with the Humane Society for the Pets Shelter. Commissioner Castro asked City Manager Pato for an update on the measures taken by the City to help residents get prepared for hurricane season. City Manager Pato advised that the Fire Department, BSO, and City staff were bringing copies of the Hurricane flyer to all community meetings, and they are also available at City Hall. He also noted that the City's Website is updated on an as needed basis. Vice-Mayor Anton emphasized that people must have a plan before hurricane season and now is the time to get ready. Fire Chief Ken Land warned those who would be running generators to install a Carbon Monoxide detector in their homes. Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday, May 23,2006—7:00 p.m. Citizen Comments was heard after Item #4.1 Item #4.2 was heard before Item #4.1 4.2 Approval of Liquor Permit for the Competition Tackle Fishing Tournament Awards Banquet at I.T. Parker Community Center on July 2, 2006. City Manager Pato advised we are waiting for the Certificate of Liquor Liability from the vendor, and the request should be approved subject to that condition. Commissioner Bertino motioned to approve the Liquor Permit for the Competition Tackle Fishing Tournament Awards Banquet at I.T. Parker Community Center on July 2, 2006, subject to receiving the Certificate of Liquor Liability from the vendor; seconded by Vice- Mayor Anton . The motion carried unanimously. Item #4.1 was heard after Item #4.2 5. Proclamations There were no proclamations at this meeting. • 6. Citizen Comments George Jason, 4549 SW 371h Avenue, advised a Hurricane Preparedness Forum would be held on Thursday, June 1St, at 7:00 p.m. in the City Commission Chamber at City Hall. He noted guest speakers would include State Representative Tim Ryan, Carl Fowler from the Broward County Emergency Operations Center, Rigoberto Molina from Red Cross of Broward County, Fire Chief Ken Land, and BSO District 2 Chief Bryan Cowart, who would all be available to answer any questions from the public. He encouraged everyone to attend. Mr. Jason also reported that the Neighborhood Improvements Advisory Board would present the final results of their surveys at the City Commission meeting on June 13, 2006. Clare Vickery, 49 N. Federal Highway, advised the Broward County Cultural Division approved the $15,000 non-matching Designer's Program grant which they plan to use mainly for public art and redevelopment. She commented the Art & Antique Festival on June 2-4 has sold out all the tents and the art community is excited about the event. She added the City of Dania Beach has a lot of history of the arts and thought we should be thankful to the pioneers who introduced the antique and art-related business in downtown Dania. Item #11.2 was heard after Citizen Comments Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday, May 23,2006—7:00 p.m. 7. Consent Agenda Items removed from Consent Agenda: #7.5. #7.6, #7.7 7.1 Minutes: Approve minutes of Regular City Commission meeting of May 9, 2006 7.2 Travel Requests: Request of Gary Phaneuf to attend the Florida Association of Code Enforcement Conference in Orlando, Florida on June 14-17, 2006, for certification purposes. (Estimated cost $786.70 - Remaining fund balance $8,223.83) Resolutions 7.3 RESOLUTION #2006-093 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY WITH ASHBRITT, INC., A FLORIDA CORPORATION, FOR DISASTER RECOVERY SERVICES WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.4 RESOLUTION #2006-092 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A SOVEREIGNTY SUBMERGED LANDS LEASE RENEWAL ON BEHALF OF THE CITY WITH THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, PERTAINING TO THE USE OF SUBMERGED LANDS LOCATED BENEATH THE CITY FISHING PIER; PROVIDING FOR CONFLICTS, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Ordinances (Titles read by City Attorney) 7.5 ORDINANCE #2006-021 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO CHAPTER 13 OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED "HEALTH AND SANITATION"; CREATING SECTION 13-75 TO BE ENTITLED "DUMPSTERS"; PROVIDING FOR THE REGULATION OF THE LOCATION AND CONSTRUCTION OF SUCH DUMPSTER (BULK CONTAINER) ENCLOSURES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the title of Ordinance #2006-021. Mayor Flury was pleased to see an ordinance addressing dumpsters, however she thought giving commercial properties a 3 '/2 year amortization period was too long. She asked Community Development Director Leeds to explain why it is not a shorter period of time on something of • this nature. Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday, May 23,2006—7:00 p.m. Laurence Leeds, Director of Community Development, noted 3-5 years is standard time, mainly when it relates to retrofitting a site. He gave examples of other cases that involve loss of parking spaces, where there is a 5 year requirement. City Attorney Ansbro suggested reducing the period of time to two years to see if anyone in the community would object. Director Leeds was concerned that if the time was reduced, everyone would want to appeal this by variance. He recommended giving staff discretion to allow the variance, without requiring Commission approval. Commissioner Castro noted that the City has historically given residents a 5 year notice period to allow them some time after the adoption of an ordinance. She suggested reducing the time to two years, with staff approval for appeal purposes. Commissioner McElyea motioned to approve Ordinance #2006-021, on first reading with a two year timeframe, and staff approval for variances; 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 7.6 ORDINANCE #2006-019 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING SECTION 2-7 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, WHICH PROVIDES A PER DIEM RATE OF TRAVELING EXPENSES FOR CITY COMMISSIONERS, THE CITY MANAGER AND THE CITY ATTORNEY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the title of Ordinance #2006-019. Mayor Flury felt $80 was too high and would like the per diem rate reduced. Commissioner Bertino noted that meals in large cities are expensive. Patricia Varney, Finance Director, advised that staff follows IRS rules, and rates vary depending on the city. She added that the highest current rate is $56. The market changes in January of each year. Commissioner Castro agreed with Mayor Flury that $80 was too high. She indicated that most of the trips are within South Florida and not expensive cities. Vice-Mayor Anton thought everyone should be entitled to the same per diem rate, irrespective of who they are. Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday, May 23,2006—7:00 p.m. City Manager Pato advised that the State will soon increase the per diem rate from $50 to $80 and this amendment is suggested to be consistent with State rates. Commissioner Castro noted we are not the State, but a small City in South Florida. City Manager Pato agreed that we should use the same rates for everyone. Commissioner Castro indicated that the IRS does a cost of living review every year. Vice-Mayor Anton motioned to follow the IRS model for all City employees, including the City Commission; seconded by Commissioner Castro. The motion carried on the following 4-1 Roll Call vote: Commissioner Bertino No Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes Director Varney reconfirmed for the record that the City follows publication 1542 which lists the state and city rates. 7.7 ORDINANCE#2006-020 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO CHAPTER 6 OF THE • CITY CODE OF ORDINANCE, WHICH CHAPTER IS ENTITLED"BEACHES, PARKS AND RECREATION"; AMENDING SECTION 6-12 OF THAT CHAPTER TO CLARIFY THE PROHIBITION APPLICABLE TO THE OPERATION OF WATERCRAFT NEAR THE MUNICIPAL FISHING PIER AND, FURTHER TO PROHIBIT THE OPERATION OF WATERCRAFT WITHIN AREAS RESTRICTED TO SWIMMING BY SIGNS, BUOY MARKERS OR BOTH; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the title of Ordinance #2006-020. Mayor Flury noted that although she would support this ordinance, she would like staff to look at the Pier Restaurant lease relating to watercrafts and what the tenants would be entitled to. City Attorney Ansbro advised the City obtained State approval before implementing this procedure which would prohibit the operation of watercrafts near the pier and swimming areas. Commissioner Bertino motioned to approve Ordinance #2006-020, on first reading; 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, May 23,2006—7:00 p.m. Commissioner Bertino motioned to approve the Consent Agenda, with the exception of Items #7.5, #7.6, and #7.7; 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 8. Bids and Requests for Proposals There were no proposals at this meeting. 9. Public Hearings and Site Plans 9.1 ODINANCE #2006-015 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA CREATING ARTICLE IX OF CHAPTER 17, WHICH CHAPTER IS ENTITLED "OFFENSES-MISCELLANEOUS" OF THE CITY CODE OF ORDINANCES, SUCH ARTICLE TO BE ENTITLED "ON SITE SHOPPING CART RETENTION SYSTEM- REQUIRED", TO REQUIRE ANY BUSINESS THAT USES TWENTY OR MORE SHOPPING CARTS AT A BUSINESS LOCATION TO INSTALL AND MAINTAIN AN ON-SITE SHOPPING CART RETENTION SYSTEM; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) (Continued from May 9,2006) City Attorney Ansbro read the title of Ordinance #2006-015. He stated he is still uncertain what the State Law would allow. In the meantime, he advised adopting the ordinance which would make the stores set up a system where they keep their carts inside their property. City Attorney Ansbro added that he would try to work with the neighboring cities to request their cooperation on this issue. He added he would continue to work with BSO Chief Bryan Cowart to find a solution to the shopping carts currently at Boisey Waiters which are mainly from Oakwood Plaza in Hollywood. Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Commissioner Bertino motioned to adopt Ordinance #2006-015, on second reading; 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 7 Dania Beach City Commission Tuesday, May 23,2006—7:00 p.m. 9.2 ORDINANCE #2006-017 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A COMMUNITY REDEVELOPMENT TRUST FUND FOR THE DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY (CRA) IN ACCORDANCE WITH FLORIDA STATUTES, SECTION 163.387; PROVIDING THAT FUNDS ALLOCATED TO AND DEPOSITED INTO THIS FUND SHALL BE USED BY THE DANIA BEACH CRA TO FINANCE OR REFINANCE ANY DANIA BEACH CRA COMMUNITY REDEVELOPMENT PURSUANT TO THE DANIA BEACH CRA REDEVELOPMENT PLAN; PROVIDING FOR THE FUNDING OF THE DANIA BEACH CRA COMMUNITY REDEVELOPMENT TRUST FUND FOR THE DURATION OF THE DANIA BEACH CRA COMMUNITY REDEVELOPMENT PLAN; PROVIDING THAT THE FUNDING OF THE DANIA BEACH CRA COMMUNITY REDEVELOPMENT TRUST FUND SHALL BE IN ACCORDANCE WITH FLORIDA STATUTES, SECTION 163.387; APPOINTING THE DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY BOARD OF DIRECTORS AS THE TRUSTEE OF THE REDEVELOPMENT TRUST FUND; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2006-017. Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Vice-Mayor Anton motioned to adopt Ordinance #2006-017, on second reading; 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 9.3 ORDINANCE #2006-018 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, CREATING ARTICLE XIII OF CHAPTER 8,"BUILDINGS"OF THE CITY CODE OF ORDINANCES TO REQUIRE THAT GASOLINE STATIONS LOCATED WITHIN THE CITY OF DANIA BEACH SHALL PROVIDE ADEQUATE ALTERNATIVE ENERGY SOURCES TO ENSURE THAT MOTOR VEHICLE FUELS CAN BE DISPENSED IF ELECTRICAL SERVICE IS INTERRUPTED DUE TO ELECTRICAL SERVICE INTERRUPTION CAUSED BY A STATE OF EMERGENCY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVER-ABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2006-018. He reported a Statute was passed by both Houses, but has not yet been signed by the Governor. It gives gas stations another year. He recommended adopting this ordinance. Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Mayor Flury thought that a 60 day timeframe was too short for gas stations to be in compliance. City Attorney Ansbro advised he asked gas station owners if they could abide by this law in the 0 event it passed, and they responded yes. Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday, May 23,2006—7:00 p.m. • Mayor Flury commented the Fire Chief would have to decide what would be safe. Laurence Leeds, Director of Community Development, recommended sending out copies of the ordinance to the gas stations within the City with directions on what procedure they need to follow. He thought the main issues would be processing fire, electrical and plumbing permits. City Attorney Ansbro clarified the Governor had a period of 10 days to sign the law. He asked Director Leeds to check with him before sending the letters, to make sure it has not become a law. Commissioner Bertino motioned to adopt Ordinance #2006-018, on second reading; 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 10. Commission Comments 10.1 Commissioner Bertino Commissioner Bertino mentioned the condition of the fence at Gulfstream Apartments and requested staff take some action to bring it into compliance. Laurence Leeds, Director of Community Development, advised Code Enforcement has already cited them. City Manager Pato noted he had asked BSO Chief Cowart to keep an eye on the situation because it is also a crime prevention issue. Commissioner Bertino expressed his concern with people backfeeding into their circuit breakers with their generators. He would support waiving the permit fee to hook up generators to make it affordable for everyone. Commissioner Bertino would like the City to require major grocery stores to install generators in order to dispense food after a storm. 10.2 Commissioner Castro Commissioner Castro reminded everyone of the Arts & Antique Festival, June 2-4. She commended Clare Vickery, City staff and everyone involved, for their hard work on this project. Commissioner Castro advised the Tourism Council has narrowed down their logo choices and are working on the RFP for their Website design. She further noted that, she, Vice-Mayor Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,May 23,2006—7:00 p.m. Anton, and Commissioner Bertino attended the Greater Fort Lauderdale Convention & Visitors Bureau Annual Luncheon where Dania Beach was highly recognized. Commissioner Castro noted that an issue was brought up at the last Planning & Zoning Board meeting relating to the proposed light on SW 54`h Court as a result of the new parking garage built for the Seminole Hard Rock Casino. She suggested contacting Broward County and the City of Hollywood to persuade them to review the traffic pattern for that area. Commissioner Castro mentioned she would contact Commissioner Rodstrom's office to see if he could offer some assistance. She added she had already discussed the matter with BSO Chief Cowart. Commissioner Castro commented that Commissioner Charlotte E. Rodstrom of Fort Lauderdale and County Commissioner John E. Rodstrom, Jr., briefly attended the May 91h Commission meeting for the FAR Part 150 presentation. She added they wanted everyone to know they attended the meeting and did not want to disrupt the meeting because they had to leave early. Commissioner Castro commented she recently met with the County Administrator and several important issues were discussed, including voluntary land acquisition and how fast the applications would be processed, as well as the County's intention to increase the number of rental properties. The County Administrator also offered a contact name for someone who is willing to build and operate parking garage structures in the City. Commissioner Castro reported she would be attending the Broward Planning Council meeting next Thursday. She commented that because of our objections, the City of Hollywood changed their meeting relating to the flex units issue until next month, so they can meet with Dania Beach first. She would like staff to follow up on this matter. Commissioner Castro reported she and Vice-Mayor Anton attended the FEC Corridor meeting. She thought the City was on the right track on a lot of the issues they discussed. Commissioner Castro will share her information with the City Manager. Commissioner Castro commented she met the Campaign Manager for the One Cent Tax for Transportation who was also present at the FEC Corridor meeting. He explained to Commissioner Castro that part of that One Cent Tax would be used to support the light rail and speed buses within the County and that he would be contacting the City in order to arrange for a presentation at one of our Commission meetings. 10.3 Commissioner McElyea Commissioner McElyea had no comments. 10.4 Vice-Mayor Anton Vice-Mayor Anton wished everyone a safe Memorial Day weekend. He also reminded all drivers that school would be out on Friday and children would be playing in the streets, and we should be extremely careful. Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,May 23,2006—7:00 p.m. Vice-Mayor Anton referred to the FEC Corridor meeting that he and Commissioner Castro attended. He requested consensus of the Commission to have Commissioner Castro work with staff to draft a response for Commission review and, if approved, for the Mayor's signature. 10.5 Mayor Flury Mayor Flury requested clarification on the comments made by Commissioner Castro regarding her recent meeting with the County Administrator and specifically the land use issues. Commissioner Castro clarified that the County wants to provide financing so there would be a lease on the land rather than purchasing the land, in order to create more rental properties. Mayor Flury commented the County has not done anything helpful for the City, instead they have done a lot of things detrimental to the City. Mayor Flury announced that Relay for Life closed out with over $100,000. She commended Lisa Young and Marie Letzer for their hard work. Mayor Flury was also pleased to report that her team raised $14,000 and came in first place. She thanked everyone for their contributions. Mayor Flury congratulated "Tarks" for being voted the Best Raw Bar in Broward County. Mayor Flury congratulated Gabriella Faria to whom she recently presented the Mayor's Award for Academic Achievement and Community Service at Olsen Middle School. • Mayor Flury was disappointed to see that the Signs for Valero Gas Station had been placed, however, the station is an embarrassment to the City. She thought the Sign Variance would be approved when they had the site cleaned. She asked Director Leeds for clarification. Laurence Leeds, Director of Community Development, advised Valero Gas Station had originally asked for a Sign Variance. They subsequently withdrew the request and complied with Code. He indicated they still have a Code violation on the property and after 90-120 days the City could move to foreclose. Mayor Flury suggested sending a letter to the president of the company with relevant photographs. Mayor Flury also noted the Citgo Station looks better, but the fascia is still a mess. She thought they should be fined. Director Leeds will check and update the Commission. Mayor Flury asked Public Services Director Orlando about some comments she heard indicating that we would not have the additional water service on Dania Beach Boulevard. She stated for the record, that we would have the additional water service on Dania Beach Boulevard within 12-15 months. Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday, May 23,2006—7:00 p.m. Public Services Director Orlando reaffirmed the above statement and added that this timeframe would also allow two months for permit approvals. He confirmed that between May-August, 2007, we would have the additional water service on Dania Beach Boulevard. 11. Discussion and Possible Action 11.1 Motion to appropriate $25,000.00 from Recreation Impact Fees to complete the Pier Restaurant shell construction Kristen Jones, Director of Parks and Recreation, advised because we are short of funds, we paid the County $30,000 in Impact Fees at the beginning of the project. The project is on schedule and within budget. Commissioner Castro motioned to appropriate an amount not to exceed $25,000.00 from Recreation Impact Fees to complete the Pier Restaurant shell construction; seconded by Vice-Mayor Anton. 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 Vice-Mayor Anton commented Broward County selected a new Administrator today. Mayor Flury suggested the City Manager should meet with the new County Administrator as soon as an opportunity becomes available, and bring up the issues that have never been resolved. Item #11.3 was heard after Item #11.1 Item #11.2 was heard after Citizen Comments 11.2 Discussion of Dania Beach Grill Lease City Attorney Ansbro advised Mr. Demas has operated the Beach Grill for 18 years and has invested a considerable amount of money in the facility, including making his business compliant with the American with Disabilities Act. He further noted that Mr. Demas has requested a Right of First Refusal when his lease expires in two years, in the event the City decides to go out to bid. City Attorney Ansbro indicated the lease would need to be amended by Ordinance, giving the public the opportunity to object if they so desire. He requested Commission direction on this matter. Vice-Mayor Anton commented the Dania Beach Grill has been supportive of the City and its residents, including providing bathroom services, which they are not obligated to do. He would like to give Mr. Demas at least a 5 year lease, and the Right of First Refusal regardless of whether it is a bid process or any other option. • Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday, May 23,2006—7:00 p.m. Vice-Mayor Anton motioned to approve a 5-year lease with the Dania Beach Grill, ' including the Right of First Refusal; 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 The Consent Agenda was heard after Item #11.2 Item #11.3 was heard after Item #11.1 11.3 Update on Beach Bathroom Repairs Kristen Jones, Director of Parks and Recreation, advised she already has a design and is currently preparing an RFP for the bathrooms. The projected cost is $250,000, however FEMA should reimburse the City $22,000 for the roof damage. The actual cost of the whole roof is estimated at $40,000. She requested direction from the Commission on whether the Bond funds could be used for this project. City Manager Pato clarified we are referring to the bathrooms commonly known as the "pink building" which were not maintained for years and were significantly damaged by the hurricanes. He added the old structure would be demolished and a pedestrian safe environment would be built from the beach to the new bathrooms. City Manager Pato noted it is a large and costly project and it is somehow connected to the overall improvements proposed for the Dania Beach Marina and the beach itself. He confirmed that funds have been allocated from the Bond money for beach parks. Vice-Mayor Anton motioned to move forward with the beach bathrooms renovations; 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 12. Appointments Commissioner Bertino reappointed Myrtle Corbin to a two year term on the General Employees Pension Board. Commissioner Castro reappointed Harry Hipler, Andy Greene and Patty Hart to a three year term on the Unsafe Structures Board. Commissioner Bertino motioned to confirm the Board reappointments; seconded by Commissioner Castro. The motion carried unanimously. Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday, May 23,2006—7:00 p.m. • 13. Administrative Reports 13.1 City Manager City Manager Pato thanked staff for their help during his vacation. 13.2 City Attorney City Attorney Ansbro had no comments. 13.3 City Clerk—Reminders Wednesday, June 7, 2006— 5:30 p.m. —Regular CRA Board Meeting Tuesday, June 13, 2006—7:00 p.m. —Regular City Commission Meeting Tuesday, June 27, 2006— 7:00 p.m. —Regular City Commission Meeting 14. Adjournment Mayor Flury adjourned the meeting at 8:49 p.m. CITY OF DANIA BEACH ATTEST: PATRICIA FLURY MAYOR-COMMISSIONER LOUISE STILSON, CMC CITY CLERK Approved: June 13, 2006 Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday, May 23,2006—7:00 p.m.