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HomeMy WebLinkAbout2005-01-25 Regular City Commission Meeting Minutes MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, JANUARY 25, 2005 - 7:00 P.M. 1. Call to Order Mayor McElyea called the meeting to order at 7:00 p.m. 2. Invocation and Pledge of Allegiance Mayor McElyea asked for a moment of silence and all remained standing for the Pledge of Allegiance to the United States Flag. 3. Roll Call Present: Mayor: C.K. McElyea Vice-Mayor: Bob Mikes Commissioners: Bob Anton • Robert Chunn Patricia Flury City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson 4. Presentations and Special Event Approvals There were no presentations for this meeting. 5. Proclamations There were no proclamations at this meeting. 6. Citizen Comments Jay Field, Chairperson of the Human Relations Board, noted the Board had made two recommendations to the Commission and would like feedback. The first is for a study to ascertain the feasibility of building a mausoleum at the City Cemeteries. The second request is for a line item in the City Budget for the area Council on Aging. Commissioner Flury remarked they could fund the study out of the Cemetery Trust Fund, and would like us to proceed to see if it is feasible. She noted the Human Relations Board allocates funds each year for the Council on Aging and questioned what the Board was looking for. Mr. Field responded there is some inconsistency because the $10,000 comes from the Bus Bench advertising, and is not a stable source of funding because the money is also divided among other charities. The Board felt the Council on Aging should have their own line item in the City Budget. Commissioner Flury does not have an issue with it if the revenue from the Bus Bench program increases. She would be supportive of providing more funds to the Council on Aging. She noted that their funding is matched by the Federal Government, and Dania Beach has benefited greatly. She indicated she would not have a problem putting it in as a line item so it would always be there. Mayor McElyea agreed with Commissioner Flury. Commissioner Anton agrees on the Council on Aging request, however, he would like staff to come back with cost estimates on the Cemetery study, as well as a projection for when the mausoleum would be needed. Vice-Mayor Mikes commented the cheap price of the Cemetery has attracted people who have no interest in Dania Beach, and locked out the people who want to be part of the community. He remarked we can never build enough units if they are low cost. As to the Council on Aging, he remarked we could put a line item in every year, but the agency works on a strong match base, and there may be other needy organizations who do not receive this match. Mayor McElyea remarked it is something to look into. He noted the mausoleum was looked into in 1987 and it did not work out well. He remarked we need to consider if the City is going to continue to operate the Cemetery or contract it out. Commissioner Churn remarked that Commissioner Anton had the right idea for staff to look into it and bring it back to the Commission. George Jason, 4549 SW 37 Avenue, advised Dania Beach Neighborhoods United is having the final candidate night on February 3, 2005 in the Conference Room at City Hall. He wanted the people to know we had an election coming up in March, because he is amazed at how many do not know about the election or who the candidates are. He remarked it is vital to have the right three people on the Commission with all the issues facing the City in the next couple of years. Kurt Ely, 245 SW 1" Avenue, advised Columbarium are used for the remains of cremated people and the City may want to look into this as an option. He noted that Item #7.3 Bills, on the Commission Agenda, has not had any bills for Commission approval since October 2003. He asked if the Commission had given up approving bills. Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,January 25,2005—7:00 p.m. • Vice-Mayor Mikes responded the Commission approves bills beyond the City Manager's authority. Commissioner Flury remarked she receives a copy of every check written at the end of every month. Mr. Ely remarked it always made him feel good to think the Commission at least looked at them and approved them at least on a monthly basis. Mayor McElyea asked why they didn't receive them anymore. Mr. Ely remarked when they were brought to the Commission for approval, they appeared on the agenda and the public was able to look at them. Mayor McElyea remarked if we don't know what is going on we can go in the hole long before we know what happens. Randi Smith, 649 E Sheridan Street, Candidate for City Commission, thanked the members of City staff who have been helpful in sharing their time and information during her candidacy. She noted that it has been a pleasurable experience and wanted to thank staff. Jonathon Dalonzo, SW 46 Place, remarked they caught a man stealing political signs belonging to Karen Gottlieb and he thinks he should be arrested. Kirk Braman, 2752 Treasure Cove Circle, remarked he helped find the man who stole Karen Gottlieb's signs. He noted all the kids are for Karen Gottlieb. Karen Gottlieb, 4473 Treasure Cove Drive, thanked the boys for finding her signs that were stolen by an FAA inspector. She thanked the young men for being outstanding citizens of Dania Beach. Vice-Mayor Mikes commented he hoped all the candidates try to contain their exuberance and maintain their own signs and literature. He asked them to restrain some of their workers and to try to abide by the rules and have a professional campaign. Commissioner Churn advised he received a call from the Broward Times this evening, and they will be prosecuting the person who inserted fliers about him into the newspapers. They informed him it was a felony offense and they knew the name of the person. Lieutenant Barbara Stewart, of the BSO, introduced Lieutenant Joe Natello who has replaced Lieutenant Lehman after his retirement. City Manager Pato introduced his mother-in-law, Dr. Dawn Davis from Michigan, and his wife, Debi Pato. Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,January 25,2005—7:00 p.m. 7. Consent Agenda Items added to Consent Agenda: #7.6 Items pulled from Consent Agenda: #7.5 and#7.6 7.1 Minutes Approve minutes for Regular Meeting of January 11, 2005 7.2 Travel Expenditures: There were no expenditures for this meeting. 7.3 Bills: There were no bills for this meeting. Resolutions 7.4 RESOLUTION #2005-018 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA RATIFYING THE AUTHORITY OF THE CITY MANAGER IN CONNECTION WITH THE PURCHASE OF MATERIALS WHICH WERE NEEDED TO COMPLETE A PROJECT KNOWN AS "FRDAP MELI PARK IMPROVEMENTS", INCLUDING, BUT NOT LIMITED TO, ELECTRICIAL SERVICES, IN AN AMOUNT NOT TO EXCEED $22,000.00 FROM MUSCO LIGHTING, UNDER ST. JOHN'S COUNTY CONTRACT NO. 03-43; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Commissioner Chunn motioned to approve the Consent Agenda, with the exception of Items 7.5 and 7.6; seconded by Vice-Mayor Mikes. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Mikes Yes Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes 7.5 RESOLUTION#2005-017 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO ACCEPT A WRITTEN PROPOSAL SUBMITTED BY ADKINS AND ASSOCIATES, INC. FOR THE PROVISION OF CONSULTING SERVICES IN CONNECTION WITH THE GENERAL OBLIGATION BOND ISSUE IN AN AMOUNT NOT TO EXCEED $50,000.00, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of the Resolution. Vice-Mayor Mikes remarked this is a promotion for the Bond and it is the same firm we previously used. He asked the City Manager if the promotion was going to be fair and balanced. City Manager Pato responded this is the same firm that worked for the City on two prior issues, Annexation and the promotional brochure "Dania Beach, It's All Here". He remarked fair and balanced is the only way to do it; this will be an educational piece, not a promotional piece. He Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,January 25,2005—7:00 p.m. noted we will not advocate support for one thing or another; we will just present the facts and reasons why these projects are worthy of the voters consideration. He asked Bonnie Temchuk for an update on the project. Bonnie Temchuk, Assistant to the City Manager, advised we are in the final stages of putting together the banners to be displayed on Federal Highway. We are also putting the promotional brochures together and they should be available next week. Vice-Mayor Mikes stated he cannot support this and he believes it will be heavily promoted in one way. He does not think the Bond issue needs to be as large as it is; he believes it could be accomplished with half the funds. He remarked once this additional money is received, he does not think whoever will be on the next Commission will pressure developers for millions of dollars for infrastructure that the people will be paying debt service on. He thinks this cushions the next Commission a little too easy. Commissioner Anton moved to approve Resolution #2005-017; seconded by Commissioner Flury. The motion carried on the following 3-2 Roll Call vote: Commissioner Anton Yes Vice-Mayor Mikes No Commissioner Chunn Yes Mayor McElyea No Commissioner Flury Yes Addendum 7.6 RESOLUTION #2005-019 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING PAYMENT TO THE CITY MANAGER, IVAN PATO, OF A $5,000.00 BONUS FOR HIS NEGOTIATING EFFORTS RELATING TO SLOT MACHINES AND THE ANTICIPATED RETURN OF THE `SEA FAIR' MARINA TO CITY CONTROL; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of the Resolution. Commissioner Flury remarked there is no doubt that City Manager Pato has done a terrific job in negotiating on behalf of the Cities. She noted the biggest plus here is that we anticipate getting the Marina back. She is concerned this is premature because we do not have the Marina and we have not worked out the deal and how it will work. She is inclined to wait until the deal is done and include this in the City Manager's performance review. She knows that Vice-Mayor Mikes put this on the Agenda and would like to get this done before his term expires because he made the promise to City Manager Pato. She remarked it is always possible the slots will not pass, and if it doesn't pass we will not have a Marina. Mayor McElyea agreed with Commissioner Flury. Vice-Mayor Mikes agreed it was premature, but he will be leaving shortly and this was his issue. He remarked the slot agreement is not final, but he does not know if the Commission understands how bad it could be for the City. He noted we might have to incur millions of Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday, January 25,2005—7:00 p.m. dollars from the taxpayers to try to get compatibility with the areas that surround it, and then the rug could get pulled from underneath us if they leave. He remarked it could be a potential impact of millions to taxpayers. He remarked he and the City Manager attended the conference in the Keys and the City Manager did an outstanding job of developing a position so that we would get revenue. He noted the City Manager presented his position on the portability issue to the County Commission. He thinks the City Manager did an excellent job and he wants to provide this bonus before he leaves the Commission. He remarked if the Commission wants to add a clause that the bonus does not take effect until the Marina is returned, he would support that. Commissioner Anton agrees with Vice-Mayor Mikes; there was a lot of time and effort that went into this and the City Manager took the lead, as well as flying up to Tallahassee to testify before the sub-committee. He noted the bonus is clearly warranted, but it is premature and he assured Vice-Mayor Mikes that when it was a done deal he would bring the resolution forward again and take the appropriate action. He noted this plays directly into the Pay for Performance plan the City is trying to bring forward. This is how you reward someone for doing a good job, and the right time for it is during a review process. This is a special situation which will save the City tax dollars. Vice-Mayor Mikes suggested tabling this until the second meeting in February. Vice-Mayor Mikes tabled Resolution #2005-019 until February 22, 2005 at 7:00 p.m.; seconded by Commissioner Chunn. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Mikes Yes Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes City Manager Pato suggested this would be a good time for an update on his appearance before the House Sub-Committee on Business Relations in Tallahassee. He noted, in his opinion, that not to be involved in this process would be an error on our part. He recommended the City stay involved in every step of the process. The Portability Issue was discussed today, and Representative Ryan was helpful in helping him bring up the issue of portability of the licenses. He commented they feel comfortable that the State will take that into account as they carve out the formulas. He advised that frequent trips to Tallahassee may be necessary to stay involved in the process. He noted that all three cities impacted are required to reach agreement by March 1st with each of the individual operators of the pari-mutuel sites. He indicated he would be working very closely with Dania Jai Alai and the City Attorney to develop an agreement. He will bring the agreement to the Commission before the end of February. In addition, he met with representatives of FAU and explained the Marina issue. He noted that it was well received and in seven days he will meet with the representative to finalize the agreement prior to the end of February. He thanked Vice-Mayor Mikes for his generous consideration. He thanked the Commission members that were supportive of him because he could not have done this alone. Minutes of Regular Meeting Dania Beach City Commission Tuesday,January 25,2005—7:00 p.m. 8. Bids and Requests for Proposals There were no proposals for this meeting. 9. Public Hearings and Site Plans 9.1 RESOLUTION #2005-013 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING A SITE PLAN MODIFICATION FOR DEVELOPMENT UPON PROPERTY KNOWN AS THE "KEVIN'S PLAT' PROPERTY; PROVIDIFOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (Continued from January 11,2005) City Attorney Ansbro read the title of the Resolution. He advised this was a quasi-judicial hearing and swore-in all who would speak. He asked the City Commission to disclose if they had any communication with anyone regarding this matter. Laurence Leeds, Director of Community Development, advised he received a letter from the Broward County Department of Planning and Environmental Protection shortly before tonight's meeting. He distributed a copy to the Commission and some of the residents who were present for tonight's meeting. He noted the letter says the retaining wall is required, but the letter is ambiguous and unclear. He noted he had requested something more definitive in terms of responsibility and how the Conservation Area would look. His understanding of the letter is that • the only planning required in the Conservation Area is for Buttonwoods on the berm to the north. He noted all exotics will be removed from the preserve area; Green Buttonwood would be planted along the berm and north property line; no planting or grading will be done in the remainder of the preserve area to allow for natural recruitment of leather, fern and white mangroves. He indicated that he could not give the Commission any more guidance on this project. Vice-Mayor Mikes clarified it is the County's responsibility. He does not see any crisis and the County will continue to follow up. He noted it will take time for the mitigation to develop. Commissioner Anton clarified the County will be looking at this and taking appropriate action. Mr. Leeds responded this is correct. He recommended approval of the retaining wall and noted that it should help control further erosion. Mayor McElyea opened the Public Hearing. Nancy Bebonn, lives in the affected area, she asked how responsive the Commission would be to help the community with Broward County. She asked Mr. Guthard how soon the drainage pipe would go in and how soon it would be completed. Kevin Guthard, Developer, advised the first step is to build the retaining wall. Once built, the • next step is to plant prior to the final construction of the buildings. He indicated once the permits are in place, they will move forward. He advised he has a Bond in place for maintenance and Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday, January 25,2005—7:00 p.m. monitoring. A quarterly report must be submitted to the County for the next five years which must include photographs. In addition, the County must also inspect the property. He noted he would send copies of the Quarterly Monitoring Reports to Mr. Leeds. Seeing as there was no one else to speak in favor or opposition, Mayor McElyea closed the Public Hearing. Commissioner Flury remarked we did not answer Ms. Bebonn's question. She indicated the City would continue to work with her. Commissioner Flury motioned to approve Resolution #2005-013; seconded by Commissioner Chunn. Commissioner Anton noted that Commissioner Rodstrom represents this area and he would be very responsive in assisting the City and the residents. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Mikes Yes Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes ® 9.2 RESOLUTION #2004-211 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST BY ATTORNEY JASON DUBOW, ON BEHALF OF SHELDON SHORE, MANAGER OF DANIA LLC., FOR THE ASSIGNMENT OF TEN (10) AFFORDABLE HOUSING FLEX UNITS FOR PROPERTY GENERALLY LOCATED AT 80 AND 90 SW 8TH AVENUE, DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (Continued from December 14,2004) City Attorney Ansbro read the title of the Resolution. Mr. Leeds advised the applicant has withdrawn the request. He noted there are still zoning and fire violations, and the Code Enforcement Board gave them 120 days to correct the violations. 10. Commission Comments 10.1 Commissioner Anton Commissioner Anton commented there will be a Public Hearing on January 27t", from 6:00-8:00 p.m., at the Convention Center concerning Concourse "A" and the five additional gates that the Airport is trying to install. The County contends the five gates will have no negative impact from an environmental or operational standpoint. He remarked it is important to show that we are organized and that we stand united to defeat this. He asked people to come and speak. He Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,January 25,2005—7:00 p.m. noted February 8th is the Primary Election, and the regular Commission meeting would be on the• 9th. He indicated it is important for people to become informed and come out and vote. 10.2 Commissioner Churn Commissioner Chunn commented the County is not supporting the people in the west in their attempts for stop signs. He asked if the City could do anything to place pressure on the County to respond to the needs of the community. He remarked a lot of the traffic and speeding is not just from the Hard Rock, it is also from the residents that live in the area. City Manager Pato responded we could move it through the administrative process and make the appropriate contacts, or an Elected Official could contact a County Elected Official. He encouraged the Elected Officials to inform him of these issues but to try to make contact because sometimes we get better response if an Elected Official makes the contact. Commissioner Chunn thanked the City Manager, Mayor, Fire Department, Patty Hart, and all the people that aided a young couple who lost their two month old child. 10.3 Commissioner Flury Commissioner Flury had no comments. • 10.4 Vice-Mayor Mikes Vice-Mayor Mikes commented he received email today that he will send to the City Manager to investigate. He remarked the Pension Board controls the funds for the Police and Fire Department. He thinks the letter comes from someone in the Fire Department, and he read parts of the letter. He gave the letter to the City Manager. He asked the City Attorney if he had received a response to his ethics letter request. City Attorney Ansbro responded he has not had the opportunity to send the letter because he needed more information. Vice-Mayor Mikes spoke about the upcoming election. He noted that he has not endorsed anyone, and remarked the key issue is integrity, which is hard to find in this country. He indicated that one or two people with integrity would raise the standard of the whole Commission. He noted the next Commission will be heavily involved in downtown CRA real estate transactions. He remarked we need to readdress the Lobbyist laws in the City. He indicated we need Commissioners who can negotiate with developers. He encouraged the people to look for independent people with integrity. 10.5 Mayor McElyea Mayor McElyea commented that last Friday, a citizen mentioned a tree that had fallen across the street. He asked the Public Services Director if the street should have been closed. Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,January 25,2005—7:00 p.m. • Fernando Vazquez, Director of Public Services, responded he will check with staff. He advised he was attending a Conference in Orlando on Friday. 11. Discussion and Possible Action 11.1 Update on Slot Machine issues and Dania Jai-Alai (City Manager Pato) City Manager Pato had no further comments from the earlier discussion. 11.2 Resolution Request from the Florida League of Cities A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING GROWTH MANAGEMENT ISSUES DURING THE 2005 LEGISLATIVE SESSION. Commissioner Anton remarked he thinks it is important because it grants cities greater flexibility and less oversight in pursuing growth management strategies. He feels this is something we need to support. City Attorney Ansbro read the title of the resolution. Commissioner Chunn motioned to approve the Resolution requested by the Florida League • of Cities; seconded by Commissioner Anton. The motion carried on the following 4-1 Roll Call vote: Commissioner Anton Yes. Vice-Mayor Mikes No Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes 12. Appointments Commissioner Chunn appointed Stanley Pearlmutter to the Human Relations Board. Commissioner Anton appointed Brian Carroll to the Marine Advisory Board. Commissioner Flury motioned to approve the appointments; seconded by Commissioner Anton. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Mikes Yes Commissioner Chunn Out of the room Mayor McElyea Yes Commissioner Flury Yes • Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,January 25,2005—7:00 p.m. • 13. Administrative Reports 13.1 City Attorney 13.2 City Manager 13.3 City Clerk—Reminders Wednesday, January 26, 2005 — 5:00 p.m.-7:00 p.m. —Candidate Briefing Session Tuesday, February 8, 2005—Dania Beach Primary Election Wednesday, February 9, 2005 —7:00 p.m. —Regular Commission Meeting Tuesday, February 22, 2005 —7:00 p.m. —Regular Commission Meeting 14. Adjournment Mayor McElyea adjourned the meeting at 8:32 p.m. CITY OF DANIA BEACH ATTEST:_ C. . M6tLy Aw `l1J MAYOR-COM SIONER "L601SE STILSON CITY CLERK Approved: February 9, 2005 • Minutes of Regular Meeting I I Dania Beach City Commission Tuesday,January 25,2005—7:00 p.m.