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HomeMy WebLinkAbout44 - MINUTES - City Commission MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, FEBRUARY 14, 2006 - 7:00 P.M. 1. Call to Order Mayor Castro called the meeting to order at 7:00 p.m. 2. Invocation and Pledge of Allegiance Mayor Castro asked for a moment of silence followed by the Pledge of Allegiance to the United States Flag. 3. Roll Call Present: Mayor: Anne Castro Vice-Mayor: Patricia Flury Commissioners: Bob Anton John Bertino C.K. McElyea City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson 4. Presentations and Special Event Approvals 4.1 Dania Beach Tourism Council request for funding - Joe Van Eron Mayor Castro advised the presentation would be continued to the February 28, 2006, Commission meeting at 7:00 p.m. 4.2 Presentation of the Parks and Recreation Board's recommendations for Frost Park rental fees—Kurt Ely Kurt Ely, Chairman of the Parks and Recreation Board, distributed a revised sheet of the Frost Park Rental Fees to the Commission because there was one error which should be 50% of Rental Fee as deposit due at the time of contract with remaining balances due 60 days before rental date. Mr. Ely said there are many activities during the week and it is very likely that the rates would not be applicable on these dates. As Chairman of the Parks and Recreation Board, Mr. Ely advised that they have not had a quorum at the last two meetings. He would like the present quorum limit of six members to be changed and requested the City Attorney bring forward a resolution for approval at the next Commission meeting. Kurt Ely commented that the I.T. Parker sound system has not been installed although people are still renting the facility without the sound system. He asked for Commission approval to use the I.T. Parker Trust Fund for the purchase of the equipment. The Trust Fund Committee needs to approve the purchase, and there is currently only one member on the Committee. He would like to get started on this project. City Attorney Ansbro advised that he and Finance Director Varney looked into this, and decided that the funds could be used. There is no provision for successors to the original I.T. Parker Trust Fund Committee. City Manager Pato advised he had already instructed staff to move forward. Vice-Mayor Flury motioned to proceed with the sound system and take the funds from the I.T. Parker Trust Fund, seconded by Commissioner Anton. The motion carried on the following 4-1 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes • Commissioner McElyea No 5. Proclamations There were no proclamations at this meeting. 6. Citizen Comments Mark Cruz, 4251 SW 22°a Street, former president of the Broward County Airboat Show advised that the request for a Special Event permit was submitted to the Fire Marshal's office on February 1 St, but he was told that it would take up to three months to receive the permit. He was not placed on the agenda because he did not apply for all the required permits. He asked for permission to hold the Airboat Show, a two-day event, March 25-26, at Outdoor World. The Commission permit is required before obtaining the other required permit. Commissioner McElyea made a motion to approve the permit process. Motion died for lack of a second. City Attorney Ansbro explained the new process for obtaining the permit. He suggested the Commission ask staff to expedite the process to hold the event. • Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,February 14,2006—7:00 p.m. • City Manager Pato thought three months was an unacceptable timetable for processing a permit. Commissioner Bertino motioned to grant the permit, contingent on applicant meeting all the necessary requirements for the permits, seconded by Commissioner McElyea. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes City Attorney Ansbro thought there was a blanket authorization for all events being held at Bass Pro Outdoor World. City Manager Pato clarified this was only done with DCOTA. Laurence Leeds, Community Development Director advised that because not all events are the same, there are several issues that need to be looked at before granting blanket approval. He asked Mr. Cruz some questions regarding the event and deferred the final recommendation to the City Manager. City Manager Pato assured the Commission that the permit would be issued in time for the event to be held as planned. . Vice-Mayor Flury would like staff to facilitate the permitting process and added that this type of requests should not take longer than 48 hours. Clare Vickery, 816 SE 8`h Street, Fort Lauderdale, and business owner in Dania Beach mentioned that her permit came through smoothly and staff is great. The short term goal is to install four sculptures on the west side of Federal Highway at an estimated cost to the City of $4,000 for the year. She hopes to bring the presentation forward at the next Commission meeting, accompanied by the curator of these pieces. She indicated she was working with the City Attorney on the license agreement. Secondly, the private owners in the area would like to generate economic development activity by holding quarterly events for upscale art and antiques with the proceeds going to charity. Lastly, they would like some of the proceeds to go towards beautifying the City. She stated Dania Beach is a place where new people want to be, and the events would be planned 4-6 months in advance. Mayor Castro noted this is the start of what they had talked about a few months ago. This will bring economic development and tourism to Dania Beach. These groups are getting very active in planning events and in some cases they will request the City to partner with them. She thinks this is a good thing for our City. Vice-Mayor Flury commented it is great to see them active, but because they will eventually be asking for funds, she suggested the requests be handled by the City Manager. • Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday, February 14,2006—7:00 p.m. Commissioner Bertino wants to make sure this is not a splintered approach and that we have something for the tourists to see when they come to our City. Because we are spending taxpayer dollars, it would be a good idea for all the groups to be coordinated. Ms. Vickery confirmed they are already working with the Chamber of Commerce on these events, and that she is on the Tourism Committee, as well as others in the business district. City Manager Pato will provide oversight; it needs to fit the vision of the Commission and be a component to bring to the Commission. Mayor Castro noted the National Public Radio ads are being heard by a lot of people. This is just the start of the next phase with ads for special events. 7. Consent Agenda Items added to Consent Agenda: 47.17. #7.18 Items removed from Consent Agenda: #7.2, 7.11, 7.17, and 7.18 7.1 Minutes: Approve minutes of Abatement Hearing of January 19, 2006 Approve minutes of Casa Beni Workshop of January 24, 2006 Approve minutes of Zoning Regulations Workshop of January 24, 2006 Approve minutes of Regular City Commission I meeting of January 24, 2006 7.2 Travel Requests: Travel request of Mayor Castro, Commissioner Anton and Commissioner McElyea to attend Broward Days in Tallahassee, Florida from April 4-5, 2006. (Estimated cost $2,373.77) (Remaining Balance of the Commission Account is $5,201.95) Travel request of Mayor Castro to attend the 2006 Advanced Institute for Elected Municipal Officials in Altamonte Springs, Florida from April 27-29, 2006. (Estimated cost $406) (Remaining Balance of the Commission Account is $4,795.95) Travel request of City Manager Ivan Pato to attend Broward Days in Tallahassee, Florida from April 4-5, 2006. (Estimated cost $808) Travel request of Bonnie Temchuk, Assistant to the City Manager, to attend Broward Days in Tallahassee, Florida from April 4-5, 2006. (Estimated cost $618) Travel request of Connie Falzone-Tarrant to attend the Florida Association of Occupational Licensing Officials (FAOLO) Training Conference in Orlando, Florida from April 24-28, 2006, for certification purposes. (Estimated cost $852.60) • Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,February 14,2006—7:00 p.m. . Travel request of Dan Stubbs to attend the Florida Water & Pollution Control Operators Association Stormwater Training and Certification in Plant City, Florida from March 12-17, 2006, for certification purposes. (Estimated cost $991.75) Vice-Mayor Flury requested the line item showing the balance for all departments, not just for the Commission. She asked if the person attending the Occupational Licensing Training is the second person in the Department. Laurence Leeds, Community Development Director, advised that the first person had attended this training in the past, and was unable to attend this year. Vice-Mayor Flury motioned to approve Item #7.2; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes Resolutions 7.3 RESOLUTION #2006-030 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY • OFFICIALS TO EXECUTE AQUATIC MANAGEMENT AGREEMENTS WITH ALLSTATE RESOURCE MANAGEMENT, INC., FOR THE PROVISION OF AQUATIC MANAGEMENT SERVICES, INC., FOR CERTAIN LAKES LOCATED WITHIN THE CITY, WITHOUT COMPETITIVE BIDDING OR ADVERTISEMENT FOR BID; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.4 RESOLUTION #2006-023 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING RESOLUTION NO. 2005-067, PERTAINING TO COMPENSATION ESTABLISHED FOR THE MAYOR AND CITY COMMISSIONERS; PROVIDING FOR .CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION #2006-026 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE A CATERPILLAR ROLLER FOR THE PUBLIC SERVICES DEPARTMENT IN THE AMOUNT OF $29,792.03 FROM KELLY TRACTOR, UNDER GENERAL SERVICES ADMINISTRATION CONTRACT #GS-30E-1025D; PROVIDING FOR CONFLICTS;AND PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION 42006-029 A RESOLUTION OF THE.CITY OF DANIA BEACH, FLORIDA, APPROVING AN AMENDMENT TO AN ARCHITECTURAL AND DESIGN SERVICES AGREEMENT FOR THE NORTHWEST COMMUNITY OUTREACH CENTER WHICH AGREEMENT EXISTS BETWEEN THE CITY AND MCHARRY • ASSOCIATES FOR BIDDING AND CONSTRUCTION ADMINISTRATION SERVICES RELATING TO THE CDBG 31ST YEAR GRANT, PERTAINING TO CONSTRUCTION OF THE CENTER, FOR THE AMOUNT OF Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday, February 14,2006—7:00 p.m. $36,998.00 WITHOUT COMPETITIVE BIDDING OR ADVERTISEMENT FOR BID; PROVIDING FOR . CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.7 RESOLUTION #2006-028 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE FY 2005-06 GENERAL FUND BUDGET BY CHANGING THE ORGANIZATIONAL CHART AND THE LINE ITEM BUDGET AMOUNTS FOR THE BUILDING DIVISION LISTED UNDER THE COMMUNITY DEVELOPMENT DEPARTMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.8 RESOLUTION #2006-032 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA DESIGNATING ITS ELECTED POSITIONS FOR INCLUSION IN THE ELECTED OFFICERS' CLASS OF THE FLORIDA RETIREMENT SYSTEM TO BE APPLICABLE TO FUTURE ELECTED OFFICIALS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.9 RESOLUTION#2006-022 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN INTERLOCAL AGREEMENT WITH BROWARD COUNTY AND THE CITIES OF FORT LAUDERDALE AND LAUDERHILL, PERTAINING TO ESTABLISHMENT OF AN ENTERPRISE ZONE DEVELOPMENT AGENCY;. PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.10 RESOLUTION #2006-027 Revised Resolution A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPOINTING THE LAW FIRM OF CYPEN & CYPEN TO ASSIST THE CITY IN REVIEW OF CERTAIN PENSION LAW MATTERS AS SPECIAL CITY ATTORNEY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.11 RESOLUTION #2006-031 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO A LICENSE AGREEMENT WITH FLORIDA EAST COAST RAILWAY, L.L.C. ("FEC"), IN CONNECTION WITH THE REHABILITATION OF THE NW 1ST STREET RAILROAD CROSSING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2006-031. Vice-Mayor Flury thought the money should not be taken from contingency. She asked City Attorney Ansbro if there was a date to begin construction; if not, she suggested identifying the funding when we receive the invoice. City Attorney Ansbro responded there is no date for this,project. Vice-Mayor Flury motioned to adopt Resolution #2006-031, with the condition that no funds are taken from contingency at this time; seconded by Commissioner McElyea. The . motion carried on the following 5-0 Roll Call vote: Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday, February 14,2006—7:00 p.m. Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner MMcElyea Yes 7.12 RESOLUTION #2006-033 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA PERTAINING TO PROPOSED "ADDITIONAL PROPERTIES", SUCH "ADDITIONAL PROPERTIES" TO INCLUDE PROPERTIES LOCATED BETWEEN THE EASTERN BOUNDARY OF THE CRA AND THE MODELLO PROJECT, WHICH IS INCLUDED; APPROVING A REDEVELOPMENT PLAN FOR THE "ADDITIONAL PROPERTIES", AND ACKNOWLEDGING THAT THE DANIA BEACH COMMUNITY REDEVELOPMENT AREA AND THE "ADDITIONAL PROPERTIES" ARE TO BE KNOWN AS THE "DANIA BEACH RCP (REDEVELOPMENT CAPITAL PROGRAM) REDEVELOPMENT AREA"; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.13 RESOLUTION #2006-034 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT EXISTING BETWEEN THE CITY OF DANIA BEACH, THE COMMUNITY REDEVELOPMENT AGENCY AND BROWARD COUNTY, PERTAINING TO COUNTY FUNDING OF INFRASTRUCTURE IMPROVEMENTS PROPOSED FOR THE DANIA BEACH CRA AND AREAS ADJACENT TO THE CRA AREA; PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. • Ordinances ('Titles read by City Attorney) 7.14 ORDINANCE #2006-003 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING OF PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF SW 45TH STREET AND SW 30TH AVENUE, DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM RI-C (SINGLE FAMILY RESIDENTIAL) TO RS-6000 (SINGLE FAMILY RESIDENTIAL); SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.15 ORDINANCE #2006-004 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST SUBMITTED FOR THE AQUA ISLES PROJECT BY CARR RESIDENTIAL, LLC., FOR PROPERTY LOCATED AT 3901 GRIFFIN ROAD, DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM T-1 (TRAILER PARK)TO PRD-1 (PLANNED UNIT RESIDENTIAL); SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.16 ORDINANCE #2006-005 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES • RELATING TO THE POLICE AND FIREFIGHTERS RETIREMENT SYSTEM, TO PROVIDE FOR COMPLIANCE WITH MANDATED MINIMUM RETIREMENT BENEFITS FOR POLICE OFFICER Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday, February 14,2006—7:00 p.m. PARTICIPANTS REQUIRED BY CHAPTER 185 OF THE FLORIDA STATUTES; PROVIDING THAT THE • DEFINITION OF COMPENSATION SHALL MEAN TOTAL REMUNERATION; PROVIDING THAT THE STANDARD RETIREMENT BENEFIT SHALL BE TEN (10) YEARS CERTAIN; PROVIDING FOR A SUPPLEMENTAL RETIREMENT BENEFIT FOR POLICE OFFICER MEMBERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Commissioner McElyea motioned to approve the Consent Agenda, with the addition of Items #7.17 and #7.18, and the exception of Items #7.17, #7.18, 97.2, and #7.11; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes ADDENDUM 7.17 RESOLUTION #2006-035 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA RELATING TO MEMBERSHIP OF FUTURE ELECTED OFFICIALS IN THE FLORIDA RETIREMENT SYSTEM; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2006-035. Mayor Castro asked the City Manager to address the issue for discussion purposes. City Manager Pato advised that this will allow future hires and elected officials to participate in the Florida Retirement System (FRS). Future elected officials will have the option to participate in the FRS or opt out. The City is preparing the necessary documentation to send to FRS to activate the transition for future hires. Vice-Mayor Flury motioned to adopt Resolution #2006-035; seconded by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes 7.18 ORDINANCE#2006-006 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, TO PROVIDE FOR COMPLIANCE WITH FEDERAL LAW CONCERNING EMPLOYEES MOBILIZED FOR MILITARY DUTY; PROVIDING THAT MEMBERS OF THE CURRENT CITY PLAN MAY ATTAIN VESTED STATUS IN THE PLAN UPON COMPLETION OF SIX (6) YEARS OF CREDITED SERVICE; AMENDING THE PLAN TO IDENTIFY THE REQUIREMENTS APPLICABLE TO NEW GENERAL EMPLOYEES, HIRED ON OR AFTER MARCH 1,2006 AND REQUIREMENTS APPLICABLE TO FUTURE ELECTED OFFICIALS, IN CONNECTION WITH SUCH EMPLOYEES' AND OFFICIALS' MANDATORY PARTICIPATION IN THE FLORIDA RETIREMENT • Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,February 14,2006—7:00 p.m. SYSTEM; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;FURTHER, PROVIDING FOR • AN EFEECTIVE DATE. (FIRST READING) City Attorney Ansbro read the title of Ordinance #2006-006. City Manager Pato explained that these are mainly housekeeping matters. It will move future hires into the FRS and change the vesting period for existing employees from 8 years to 6 years, which is consistent with the FRS. He added in the long run, this would represent significant savings to our taxpayers. City Attorney Ansbro clarified that this is to meet the March Is' deadline for FRS enrollment. Commissioner >Bertino motioned to adopt Ordinance #2006-006, on first reading; seconded by Vice-Mayor Flury. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner 1Bertino Yes Mayor Castro Yes Commissioner McElyea Yes 8. Bids and Requests for Proposals There were no proposals at this meeting. • 9. Public Hearings and Site Plans City Attorney Ansbro advised all these items were quasi-judicial matters and swore-in all who would speak. He asked the Commission to disclose any communication they had on these matters. 9.1 ORDINANCE 42006-002 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY PULICE LAND SURVEYORS, INC., ON BEHALF OF AMSPROP DANIA BEACH INVESTMENT, LLC., FOR THE "CAYDEN CORNERS" PLAT, SUCH PROPERTY BEING GENERALLY LOCATED AT THE NORTHEAST CORNER OF NE 3RD AVENUE AND NE 2ND STREET IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF THE "CAYDEN CORNERS" PLAT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2006-002. Jason Espinosa, representing Pulice Land Surveyors, Inc., explained this is a 1.99 acre of land on which they are willing to construct 9 single family residential units. They agree with all staff • recommendations. Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday, February 14,2006—7:00 p.m. Laurence Leeds, Director of Community Development, advised this is a vacant piece of property located directly north of Frost Park. Staff is recommending approval of the plat and instead of setting aside a portion of the property for park space, they recommend donating funds to the Park Fund. Mayor Castro opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Vice-Mayor Flury realizes this is a small piece of land, but she would prefer to accept the property instead of the money since it is directly across from Frost Park. Director Leeds noted the applicant would have to come back with a variance request for lot size if park space is donated. It could be done, but it would involve reconfiguring the plat and reducing the lot size that is provided. Commissioner Bertino commented he is usually in favor of receiving money, but in this particular case he would prefer to have the land and use it for parking, considering it is across from one of our parks and we are always short of parking spaces. Commissioner Anton thought cutting the lots would be detrimental to the project and to the residents that live in the area. He suggested accepting staff s recommendation to accept the money in lieu of the land and when the site plan comes back we will deal with the buffer. Commissioner McElyea agreed with Commissioner Anton. Director Leeds advised that there is no requirement to install a buffer. A variance would be needed for undersize lots if we place a buffer. Vice-Mayor Flury said she does not understand why the applicant will have to cut their lot size down and come back for a variance if the City accepts the land instead of the money. She added that this is a sensitive area because of the Seminole Gaming Casino, and we have to be very careful with what we do and make sure we protect the residents. Discussion followed between the Commission and Director Leeds regarding the possibility of placing a buffer. Director Leeds further said that with such a small property there are not a lot of options available. Commissioner Anton motioned to adopt Ordinance #2006-002, on second reading; seconded by Commissioner McElyea. The motion carried on the following 3-2 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury No Commissioner Bertino No Mayor Castro Yes Commissioner McElyea Yes Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,February 14,2006—7:00 p.m. 9.2 RESOLUTION #2006-013 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY KAY LYNN DODERER, PROPERTY OWNER, FROM CHAPTER 28, "ZONING", FOR PROPERTY LOCATED AT 425 SE 7T" STREET, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE, (Continued from January24, 2006) City Attorney Ansbro read the title of Resolution#2006-013. Both Commissioner Anton and Commissioner Bertino disclosed they received a phone call on this matter. Kay Lynn Doderer, 425 SE 71h Street, property owner, asked to move the existing shed located at the end of a dead end alley. She requested a variance that would allow maximum use of their backyard. Because there is a sewer line below the shed, she has agreed to sign a Hold Harmless Agreement in the event there is a need to remove the shed to make any repairs to the sewer line. Corinne Church, City Planner, advised there is an existing shed located close to the property line. The variance would allow a 3' rear setback and 6' side setback. There is a utility line located under the shed and the applicant has worked with the City Attorney to grant the City a Hold Harmless Agreement. Ms. Church further said there have been no complaints from the neighbors. . Mayor Castro 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 Resolution #2006-013, subject to applicant's execution of a Hold Harmless Agreement; seconded by Commissioner Anton. Commissioner Anton mentioned we need to make this process easier for residents who want to do something on their property. He thinks the current process is extremely expensive and cumbersome. He indicated the Code should be revised, and although this issue has been discussed, no decision has been reached. Commissioner Bertino confirmed we had discussions about preparing an Administrative Process for cases like this. He asked Director Leeds when it would be brought forward. Laurence Leeds, Community Development Director, indicated staff has been very busy with other important issues. He noted that the proposed ordinance for administrative variances will cut the cost by half and he would soon bring it to the Commission for approval. He added he may also bring a suggestion to change shed setbacks in residential areas from 10 feet to 5 feet. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday,February 14,2006—7:00 p.m. 9.3 RESOLUTION #2006-014 Withdrawn by Applicant A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY THERESA WALSH ON BEHALF OF WALSH NADEAU, LLC., DBA WALSH'S PUB, FROM CHAPTER 28, "ZONING", ARTICLE 4.201 "PROXIMITY OF BEVERAGE ESTABLISHMENTS TO CHURCHES AND SCHOOLS", FOR PROPERTY LOCATED AT 423 EAST SHERIDAN STREET, IN THE PUBLIX SHOPPING CENTER, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (Continued from January 24,2006) Laurence Leeds, Director of Community Development, advised the applicant withdrew the request. 9.4 RESOLUTION #2006-021 A RESOLUTION OF THE CITY OF DANIA BEACH,APPROVING THE VARIANCE REQUEST SUBMITTED BY MICHAEL A. THOMPSON, PERTAINING TO THE ZONING APPENDIX TO THE CITY CODE OF ORDINANCES, SECTION 33-40 (12)(A), "REGULATION AND USE OF WATERWAYS AND FACILITIES", FOR PROPERTY LOCATED AT 2789 SW 46TH STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2006-021. Mike Thompson, 2789 SW 46t" Street, property owner, requested replacing an existing boat dock with an angled dock. He is on a corner lot and will not affect his neighbors. Neighbors on the adjacent sides do not object to the request. He showed the Commission relevant pictures of the property. Mayor Castro opened the Public Hearing. Seeing as there was no one to speak in favor or+ opposition, she closed the Public Hearing. Corinne Church, City Planner, advised the property has Broward County Single Family zoning district designation. It is located at the end of a dead-end canal and has an unusual side and rear property line. No complaints have been received from the neighbors, and the P&Z Board recommended approval. Commissioner Anton motioned to adopt Resolution #2006-021; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes 9.5 RESOLUTION#2006-025 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING MODIFICATIONS TO THE APPROVED SITE PLAN SUBMITTED BY RONALD TOMECEK, PRESIDENT, EAST FT. LAUDERDALE BUILDING CO., INC., FOR PROPERTY LOCATED AT 611 AND 615 PHIPPEN-WAITERS ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday, February 14,2006—7:00 p.m. City Attorney Ansbro read the title of Resolution#2006-025. Both Vice-Mayor Flury and Commissioner Anton advised they spoke to a resident on this matter. Commissioner Bertino advised he has an interest in the property, therefore he will not vote on this item. Ronald Tomacek, representing Equal Six Corporation, indicated that due to the hurricanes, it will take aprpoximately 7 months to receive the masonry wall for the east lot line. He is also having a hard time contracting to have a block wall built. He is therefore asking for a shadow box wood fence in lieu of the concrete wall. Unit owners will be paying a fee to the Condominium Association to maintain the fence. Corinne Church, City Planner, advised the two industrial buildings are currently under construction. At the time of site plan approval, the residents to the west were concerned about the wall; the fence requested today is along the east. P&Z recommended conditional approval. The applicant is now requesting a wood fence due to problems obtaining the materials. Staff recommends construction of the masonry wall as originally approved. Laurence Leeds, Director of Community Development, advised the Certificate of Occupancy cannot be issued without the construction of the masonry wall. Staff thinks the wall is necessary tand has no other solution or recommendation to offer. If the wall is not built, it will be very difficult to convince the unit owners to comply with code. Commissioner Anton is aware of a lot of complaints in the past in the area with unsightly conditions; he is inclined to go with staff recommendation for the concrete wall. Vice-Mayor Flury sympathizes with the contractor; however, she supports staff recommendations and commented she has received calls from concerned citizens in the area. Commissioner McElyea noted there was no opposition from the residents for the original application. He suggested a bond be purchased until the wall is constructed. Commissioner Bertino agreed with Commissioner McElyea on placing a bond to guarantee the masonry wall would be built within 7 months, when the materials become available. Mayor Castro opened the Public Hearing. Mike Tolatto, 605 SW 4ch Avenue, explained his house faces the rear of the building and although they had no opposition to the building and were excited with the project, they are now concerned about the wood fence which will probably not be maintained. Seeing as there was no one else to speak in favor or opposition, Mayor Castro closed the Public • Hearing. Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday, February 14,2006—7:00 p.m. i 1 - Vice-Mayor Flury motioned to deny Resolution 42006-025; seconded by Commissioner Anton. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Recused Mayor Castro Yes Commissioner McElyea Yes 10. Commission Comments 10.1 Commissioner Anton Commissioner Anton complimented Public Services for their quick response on straightening the signs. He asked Public Services Director Orlando when the street signs would be replaced, although he is aware that the County is responsible for this. Dominic Orlando, Director of Public Services, noted there are over 2,000 signs missing countywide. 10.2 Commissioner Bertino Commissioner Bertino wondered if the Building Department could use some temporary help while we try to recover from the hurricanes. He thought the Commission would not mind • approving some additional funds to get us back on track. Laurence Leeds, Community Development Director, advised we have a contract with Broward County and we requested additional building inspectors, but unfortunately, every city in the County is facing the same problem and currently they do not have any available. Our permit load has increased not only because of the storms, but because many people are renovating their entire homes because they cannot afford to move anywhere else. He just hired a second permit clerk, which was approved in the Budget. He does not think it is a staffing issue, but a plan review issue. Mayor Castro suggested we look into contracting out with a private contractor. Director Leeds indicated they looked at this option in the past, but that would mean doubling our building permit fees, and we would not have the same services. Director Leeds will meet with the City Manager and look at the possibility of contracting out for private building inspectors. Commissioner Bertino reaffirmed that the Commission is willing to help in every way so the permitting process can be expedited. Commissioner Bertino mentioned he is frustrated with the amount of electric, telephone and concrete poles that are leaning. He is concerned about another hurricane. rMinutes of Regular Meeting 14 Dania Beach City Commission Tuesday, February 14,2006—7:00 p.m. Mayor Castro advised that Florida Power and Light has agreed to give us training so we can start taking some immediate action. Commissioner Bertino noted the City has a COPS Program that could help identify the poles. He is sure they can be of great help if they get the necessary training from FPL. Mayor Castro noted that we need to coordinate with FPL and train our own people. We are offering to get FPL ahead of their survey by giving the information they need in order to,take care of the problems. Commissioner Bertino would like the City Manager to look into available volunteers in the City that are willing to help make a list of poles. 10.3 Commissioner McElyea Commissioner McElyea is concerned about the wooden fences knocked down during the hurricane that are scattered all over the City. He indicated we need to have a weekend contact because Code Enforcement is not available on weekends. Commissioner Anton suggested having an on-call staff person. Director Leeds advised the City has a Code Officer who works during the day on Saturdays; we could provide his cell number to BSO, however, he has no legal authority. City Manager Pato advised that if there is a safety or environmental hazard during the weekend, or in the middle of the night, the Fire Department and BSO are available; they can look at the severity of the situation and decide what the next step should be. 10.4 Vice-Mayor Flury Vice-Mayor Flury mentioned that she has received a request from the Griffin Civic Association to have something in writing to allow them to have a long-term use of their space at P.J. Meli Park. City Manager Pato explained that he and Commissioner Anton gave them their personal assurances that they have nothing to worry about. Commissioner Anton clarified that transferring title of a piece of the building is a different issue, because they would have to provide insurance and do their own maintenance. City Manager Pato noted he is sure it can be done without a complex legal issue. He will discuss it with the City Attorney. He added the Griffin Civic Association is very active within the community. Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday, February 14,2006—7:00 p.m. Vice-Mayor Flury hopes it can be done in a simple way, without the Association having to pay insurance. They want to keep this office they have had for fifty years and maintain their own entrance to the Park. Vice-Mayor Flury mentioned the newspaper articles regarding the problems in Davie. She recently asked the City Manager if she could review the City's purchasing process. She was impressed with the City's Purchasing Procedure; however, she recommended changing the Bid Specification Committee, which is appointed by the City Manager, to a minimum of the Department Head concerned, the Finance Director, and the Purchasing Coordinator. City Manager Pato agreed to make her recommended change. She further asked the auditors to take issue of the Purchasing Department because it is a very public issue and everybody is interested in it. City Manager Pato indicated he invited the auditor to meet with him and asked for a thorough scrutiny of our procedures in view of the Davie situation, and to make whatever recommendations he thought were needed. City Manager Pato said Finance Director Varney has done an outstanding job, and he also commended Vice-Mayor Flury for reviewing our procedures. 10.5 Mayor Castro Mayor Castro commented on the "loan to grant" program with the County. She commended Laurence Leeds, Director of Community Development, City Attorney Ansbro, City Manager ® Pato and City Clerk Stilson for their hard work and involvement, along with Commissioner Rodstrom, Bertha Henry, Acting County Administrator, and Kathy Randazzo of the Community Development Group for the County. Mayor Castro also thanked the City Commission for giving valuable advice and suggestions. She noted that County staff tried to work with us through the whole process. Mayor Castro thinks this will be good for the City since they may be giving us $6M. Mayor Castro advised the Enterprise Zone would be on the next County Commission Agenda. She hopes they will soon have a resolution approving it so that we can send it to the State for final approval. Mayor Castro noted that Lori Parrish, Property Appraiser for Broward County attended a meeting where she was at and talked about a Fraud Program they have implemented. They go to the 31 cities within Broward County looking for homestead filing fraud. Mayor Castro will ask the Commission to approve an ad to be published in the Dania Press at the next Commission meeting to advertise this program. Mayor Castro thanked Ravenswood Estates of Fort Lauderdale for offering their clubhouse for use by other neighborhood associations that cannot use Meli Park due to hurricane Wilma. Mayor Castro requested Public Services Director Orlando look into the sign situation with Broward County, particularly the ones for the Library and Gulfstream Road. • Minutes of Regular Meeting 16 Dania Beach City Commission Tuesday, February 14,2006—7:00 p.m. Mayor Castro asked City Manager Pato for an update on the 51" Street light. She would like staff • to call the Danians and explain what the City needs. 11. Discussion and Possible Action 11.1 Discussion of access to Derecktor Shipyard, Associated Marine, and Powell Brothers —Commissioner McElyea Commissioner McElyea advised the City Manager handled the situation. City Manager Pato complimented BSO for taking the lead. He and Chief Cowart met with the businesses and observed the traffic jam caused by large trucks using the narrow streets in addition to some other issues having to do with storage of equipment. He indicated that the meetings they had with the businesses involved were very positive, and they have reached a temporary solution. 11.2 Casa Beni request to apply for vacation without replatting — Community Development Robert Lockart, representing the applicant, explained this is a request to allow them to proceed and apply for the vacation of the street and site plan. rLaurence Leeds, Director of Community Development, advised this is a housekeeping matter, and Staff recommends approval. Vice-Mayor Flury motioned to approve the request for Casa Beni to apply for a partial vacation of a road and alley without replatting of the property located at the northeast corner of Dania Beach Boulevard and US-1 (Pirates Inn and Fish Grill); seconded-by Commissioner McElyea. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes 12. Appointments City Manager Pato advised he has appointed Jack Loos as his Alternate selection for the Civil Service Board. Vice-Mayor Flury motioned to approve the appointment of Mr. Loos; seconded by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Minutes of Regular Meeting 17 Dania Beach City Commission Tuesday,February 14,2006—7:00 p.m. Commissioner MMcElyea Yes 13. Administrative Reports 13.1 City Manager City Manager Pato shared a report with the Commission on the efforts made by the Public Services Department regarding the downed signs throughout the City. He had nothing further to report. 13.2 City Attorney City Attorney Ansbro commented on eminent domain powers. This will be an issue to be discussed by the Florida Legislature. We have been contacted to join the Florida Redevelopment Association, which is composed of a number of chairpersons of CRA's throughout the State who want to make sure that the CRA powers for community redevelopment are put in practice, and for our lobbyists to work on protection for the CRA. He asked for direction from the Commission on paying the $1,000 invoice to join the Association. Vice-Mayor Flury asked for the City Attorney's suggestion. City Attorney Ansbro advised we should be at the table. Commissioner Bertino emphasized that he is totally opposed to condemnation of single family homes. He would only agree to exercise eminent domain on business properties for redevelopment purposes. It was the consensus of the Commission to make sure condemnation is devoted to commercial properties only. City Attorney Ansbro attended the federal mediation today for airport matters dealing with the cross winds runway and the tower order. He indicated we want to make them to stop doing this. We are willing to meet with them and work out details of the environmental and noise assessment. The mediation did not go well and litigation will continue. City Attorney Ansbro advised that the Copa Nightclub issue is scheduled for the Unsafe Structures Board meeting on March 2, 2006. 13.3 City Clerk—Reminders Friday, February 17, 2006 — 9:00 a.m. — Sheriff Ken Jenne and BSO Dania Beach District Annual Commissioners' Breakfast— Conference Room at City Hall Tuesday, February 28, 2006— 7:00 p.m. —Regular City Commission Meeting Wednesday, March 1, 2006— 5:30 p.m. - CRA Board Meeting • Minutes of Regular Meeting 18 Dania Beach City Commission Tuesday, February 14,2006—7:00 p.m. • 14. Adjournment Mayor Castro adjourned the meeting at 9:09 p.m. CITY OF DANIA BEACH ATTEST: ANNE CASTRO MAYOR-COMMISSIONER 'LOUISE STILSON;CMC CITY CLERK Approved: February 28, 2006 • Minutes of Regular Meeting 19 Dania Beach City Commission Tuesday, February 14,2006—7:00 p.m. FORM MEMORAN®UM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS L ST NAME-FIRST NAM��DDLE NAME '^A NA F BOARD,COU L,COMMIS ION, HO ITY,Or MITTEE N/U 1 Glrl� L ,ss�o M IN ADD ESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY O COMMITTEE ON L a.—1 Te r r WHICH I SERVE IS A UNIT OF: C C TY TY ❑COUNTY ❑OTHER LOCAL AGENCY L W A 2 0 NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED _ /4- MY POSITION IS: CTIVE ❑ APPOINTIVE WHO MUST FILE FORM 86 This form is for use by any person serving at the'county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a Corporate principal by which.he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners ofcommunity'redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law,.a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person'oi;entity";engaged in or,carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder'(where the shares of the corporation are not listed on any national or regional stock exchange). « « « « « « « « « « « « ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting;and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting,who should incorporate the form in the minutes. « « « « « « « « « « « « APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you �ist disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made ou or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on other side) CE FORM 813-EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST -------hereby disclose that on-----------V _v cl-----------------,20 (a)A pleasure came or will come before my agency which(check one) ►V_ inured to my special private gain or loss; --- inured to the special gain or loss of my business associate,-----------------------------------_ ___ inured to the special gain or loss of my relative, —--------------------- --- inured to the special gain or loss of______________________ by ----------------------------------------- _--- whom I am retained;or --- inured to the special gain or loss of-----------------------------------------------------------------_---,which is the parent organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: 1 e,m 44 -Re- :5o/4,41'o, * Zoo(6 -- 0 ;L 0141 ConNmOstarq y/6 ---------------- ----- ------------------------ --- -- --=---- ----------------------------------- Date Filed Q'"� S' at➢re VV NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §1T2:317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM SB-EFF. 1/2000 PAGE 2