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HomeMy WebLinkAbout2005-04-12 Regular City Commission Meeting Minutes MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, APRIL 12, 2005 - 7:00 P.M. 1. Call to Order Mayor Castro called the meeting to order at 7:02 p.m. 2. Invocation and Pledge of Allegiance George Jason gave the invocation and all remained standing for 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 Lisa Young Lisa Young, Dania Beach Heights Civic Association, provided a Powerpoint presentation of three projects the Association participated in during the last month. These projects were the Broward Sheriff Office Tip a Cop Program at Red Lobster; improvements to Mullikin Park; and the Spring Celebration Event with the community. They also recently did some planting for the Park project for which they obtained a $20,000 grant. She thanked Bonnie Temchuk, Assistant to the City Manager for her assistance in obtaining the grant. 5. Proclamations There were no proclamations at this meeting. 6. Citizen Comments Elizabeth Smith, 215 SE 1st Terrace, remarked they are having traffic problems on SE Is' Street. She indicated that one stop sign was not enough and they have noticed an increase in truck traffic to Winn-Dixie in the mornings. She suggested speed bumps could be installed. She also noted that the Mt. Sinai Church will reinstate the Pumpkin Patch this year. George Jason, 4549 SW 37th Avenue, commented on the newspaper articles about the airport. He noted that he recently took a flight and he experienced no delays on departure and arrival. He had a magazine that talked about the Super Boat Races, but Dania Beach was not mentioned. He commented the $50,000 requested by the Boat Race would be a good promotion for Dania Beach. He noted he would like to see an Advisory Committee formed for the Neighborhood Improvement Bond. 7. Consent Agenda Items added to Consent Agenda:Item #7.14 Items removed from Consent Agenda:Item #7.2 7.1 Minutes: Approve minutes for Regular Meeting of March 22, 2005 Approve minutes for Abatement Hearing of March 24, 2005 7.2 Proposed City of Dania Beach City Commission—City Employees Communication Policy Vice-Mayor Flury commented she does not have a problem with the policy; however, it is in the Charter that the Commissioners deal with employees through the City Manager. She noted this City Manager has been lax in enforcing the policy and has not objected to Commissioners talking business with Department Heads. She indicated there have been a number of abuses to this policy and the Charter. This policy will help the employees understand they do not take direction from City Commissioners. She is concerned about Commissioners who violate the policy consistently and create problems for the employees because it does not address what will happen if the policy is violated. She remarked Commissioners should set policy and not attempt to micromanage. She hoped we would come up with some kind of remedy for those who abuse the policy. She asked the City Attorney for recommendations. City Attorney Ansbro responded he purposely left out any kind of discipline because it is the Commission's decision to make. He noted punishment should begin on the first offense; not wait for repeated violations. He noted he needs to hear from the Commission as to what they want in the policy. Commissioner Bertino remarked he totally agrees with the policy, but we operate in a representative form of government. This makes it incumbent that the Commission knows what is going on in the City at all times. He thinks it would be "gag order" or a muzzling effect to tell Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,April 12,2005—7:00 p.m. • the City workers they cannot talk to the Commissioners about what they are doing. Asking for informational purposes is something the Commission should do, and he thinks it is something they have to do in order to be informed elected officials. He noted that anybody directing an employee is wrong, but it is incumbent upon the Commission to know what is going on. Commissioner Anton agrees with the idea of the policy, and that it needs to have some sanctions in it. He also agrees the Commission should get feedback through Department Heads only, because the Commissioners can intimidate the employees and cause undue pressure on them. He noted he has been contacting the Department Heads for the past two years and it is working well. Vice-Mayor Flury remarked that Commissioner Anton put it in perspective. She disagreed with Commissioner Bertino in that the Commission does not run the City, the City Manager does. The Commission oversees the City Manager and the Budget, but the City Manager runs the City. She stated the Commission should not meddle with the operations of the City. Commissioner McElyea commented he agrees on the subject. He indicated he occasionally calls employees or the Department Heads to ask questions. He noted that he does not see this as wrong. Commissioner Bertino remarked we have to make a differentiation. One City Commissioner cannot run the City; three City Commissioners can run the City. You have to look at the differentiation between somebody meddling, micromanaging, sticking their nose in a place where it does not belong, impeding the operation of the City, and finding out information so you • can be well informed to talk to the constituency with some reasonable amount of knowledge on what is going on in the City. He does not believe any Commissioner should micromanage; however, they should have the ability to talk to any person within this City for informational purposes. He commented in his mind, everyone in this City is doing things right and there is nothing being done wrong and no laws are being broken. He thinks to cut down the Commission's ability to information is to cut down the voters' right to know what is going on. Mayor Castro supports the creation of a policy. She thinks everyone has valid points, but the reality is the approach. She noted some requests have been made that are extremely labor and cost intensive, and takes staff away from their jobs. She noted the City employees are very reverent, polite, kind and supportive. She commented that because she is the Mayor, staff feels a need to come and please and respond to her immediately. She wants to make sure that people can manage their staff without getting them bogged down with five different requests. She wants the staff to have the opportunity to discuss the request with their Department Head. She noted the Department Heads have to manage their employees to get the job done. She favors providing protection for the employees. She noted she will be pushing things hard and fast and she wants staff to be able to manage their time and resources appropriately. Commissioner McElyea motioned to approve the policy; seconded by Commissioner Anton if he could add the sanctions to it. City Attorney Ansbro remarked he would put it in a Resolution format and bring it back at the • next meeting. He purposely wrote it so it does not say the Commission can call and speak to Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,April 12,2005—7:00 p.m. employees and elicit requests for information. Vice-Mayor Flury remarked the policy is written for the abusers. She indicated the Commission cannot hold a "Shade Meeting" without the information being available to everyone in the City within one hour after the meeting. She stated there is no sense of confidentiality when we need it. City Attorney Ansbro cautioned the intent is to protect the employees. Vice-Mayor Flury responded sanctions are to protect the employees and to keep the Commissioners from meddling. City Attorney Ansbro advised there is no need for a motion because he needs to come back with a Resolution at the next meeting. 7.3 Approve travel expenses for Mayor Castro and Vice-Mayor Flury to attend Broward Days in Tallahassee, FL on April 5-6, 2005, at a cost of$1,193.18. Resolutions 7.4 RESOLUTION #2005-047 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY . OFFICIALS TO EXECUTE AN INTERLOCAL AGREEMENT WITH HOWARD C. FORMAN, CLERK OF COURT FOR THE SEVENTEENTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, TO PROVIDE FOR THE PROCESSING OF MUNICIPAL PARKING TICKETS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION #2005-051 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE EXERCISE EQUIPMENT FOR THE FROST PARK EXERCISE ROOM IN AN AMOUNT NOT TO EXCEED $28,000.00 FROM GYM SOURCE FLORIDA, UNDER THE SCHOOL BOARD OF PALM BEACH COUNTY CONTRACT NO. 04C-20C; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION#2005-052 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA IN CONNECTION WITH THE CONTINUING PROFESSIONAL ENGINEERING SERVICES CONTRACT FOR THE WATERWORKS CAPITAL IMPROVEMENT PROGRAM; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE WORK AUTHORIZATION NUMBER TWO WITH CAMP DRESSER & MCKEE INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR NEW WATER TRANSMISSION MAIN IMPROVEMENTS; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE. 7.7 RESOLUTION#2005-053 • A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH DESIGN & CONSTRUCTION SOLUTIONS, INC. FOR Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday, April 12,2005—7:00 p.m. • PROFESSIONAL PROJECT MANAGEMENT SERVICES RELATING TO THE CONSTRUCTION OF THE PIER RESTAURANT IN AN AMOUNT NOT TO EXCEED $60,000.00, WITHOUT COMPETITIVE BIDDING OR ADVERTISEMENT FOR BIDS; PROVIDING FOR FUNDING, PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.8 RESOLUTION #2005-055 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO APPLY FOR, ACCEPT IF AWARDED, AND EXECUTE AN AGREEMENT WITH THE FLORIDA DEPARTMENT OF EDUCATION UNDER THE 2004 SUMMER FOOD PROGRAM, PERTAINING TO A PROPOSED AGREEMENT BETWEEN THE BROWARD COUNTY SCHOOL BOARD AND THE CITY OF DANIA BEACH, IN CONJUNCTION WITH THE GRANT AWARD, TO PROVIDE BREAKFASTS, LUNCHES AND TWO SNACKS PER DAY DURING THE 2005 SUMMER CAMP PROGRAMS AT C.W. THOMAS PARK, FROST PARK AND P.J. MELI PARK, UNDER THE SUPERVISION OF THE CITY OF DANIA BEACH PARKS AND RECREATION DEPARTMENT; CONFIRMING THAT SPECIAL CONDITIONS EXIST IN ORDER TO SECURE SUCH SERVICES WITH THE BROWARD COUNTY SCHOOL BOARD, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.9 RESOLUTION #2005-057 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, DIRECTED TO THE CONGRESS OF THE UNITED STATES OF AMERICA, REQUESTING AFFIRMATIVE ACTION IN THE MAINTENANCE OF FUNDING FOR THE COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS PROGRAM ("CDFI") AND A BUDGET APPROPRIATION OF AT LEAST EIGHTY MILLION ($80,000,000.00) DOLLARS IN CDFI FUNDS FOR FISCAL YEAR 2006; PROVIDING • INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.10 RESOLUTION #2005-058 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,SUPPORTING EFFORTS BY BROWARD COUNTY OFFICIALS TO KEEP A FEDERAL COURTHOUSE IN THE CITY OF FORT LAUDERDALE, AND OPPOSING ANY PROPOSAL TO CLOSE THE FORT LAUDERDALE FEDERAL COURTHOUSE THAT WOULD RESULT IN THE CONSOLIDATION OF FEDERAL COURTHOUSES OUTSIDE THE CITY OF FORT LAUDERDALE; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.11 RESOLUTION #2005-059 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, SUPPORTING THE ADOPTION OF HOUSE BILL 0195, TO REQUIRE A SCHOOL BOARD TO SCHEDULE TEACHER PLANNING DAYS TO COINCIDE WITH ELECTION DATES AND TO PROVIDE FOR PUBLIC SCHOOLS TO BE MADE AVAILABLE AS POLLING PLACES; PROVIDING FOR CERTAIN OTHER FINDINGS IN SUPPORT OF THE BILL; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.12 RESOLUTION#2005-060 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN EXTENSION AGREEMENT BETWEEN ASHBRITT, INC., A FLORIDA isCORPORATION AND THE CITY OF DANIA BEACH, FOR DISASTER RECOVERY SERVICES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday, April 12,2005—7:00 p.m. • 7.13 RESOLUTION #2005-061 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA URGING THE FLORIDA LEGISLATURE TO DEFER CONSIDERATION AND ADOPTION OF SENATE BILL 2416, PERTAINING TO NUMEROUS PROPOSED CHANGES TO THE FLORIDA WORKERS' COMPENSATION LAW UNTIL THE FINANCIAL IMPACTS OF EACH PROPOSAL IS THOROUGHLY ANALYZED BY LOCAL GOVERMENTS; PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE. Addendum 7.14 RESOLUTION#2005-062 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,ADOPTING A "PAY FOR PERFORMANCE" PAY PLAN TO BE APPLICABLE TO GENERAL EMPLOYEES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR EFFECTIVE DATES. Commissioner Anton motioned to approve the Consent Agenda, with the exception of Item #7.2, and the addition of Item #7.14; 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 8. Bids and Requests for Proposals There were no proposals at this meeting. 9. Public Hearings and Site Plans 9.1 ORDINANCE #2005-008 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA PERTAINING TO FLOOD DAMAGE PREVENTION; AMENDING CHAPTER 12, ENTITLED "FLOOD DAMAGE PREVENTION", ARTICLE I, ENTITLED"IN GENERAL", SECTIONS 12-5 "DEFINITIONS" AND 12-7 "BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD", ARTICLE II, ENTITLED, "ADMINISTRATION", SECTION 12-33, "PERMIT PROCEDURES" AND ARTICLE III, ENTITLED "HAZARD REDUCTION", SECTION 12-52, "SPECIFIC STANDARDS" OF THE CITY CODE OF ORDINANCES, TO UPDATE ALL SUCH PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2005-008. Laurence Leeds, Director of Community Development, advised the Ordinance includes changes 0 suggested by FEMA. He noted the Code currently requires the first floor of any structure in the Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday, April 12,2005—7:00 p.m. City be elevated no lower than the Base Flood Elevation as established on the FEMA maps, or . eight feet NGVD, which is higher than what the FEMA map calls for in many instances. He noted there are different flood zones throughout the City. The Ordinance was originated by a developer who was looking for a variance to the Flood Ordinance because it would destroy trees on the project. He noted that FEMA advised if the Ordinance was changed to correspond with the Flood Zone Map it would result in no loss of discounts or credits for residents who currently pay for flood insurance. He indicated most of the City is currently developed and most construction will be infill projects. He noted that we would look at the section of the Code that deals with hazard reduction in coastal areas. He noted west of Federal Highway is not a problem. He advised that FEMA's only requirement is that we meet the flood zone elevation requirements anywhere in the City. He noted that FEMA guidelines have been used for at least ten years. He advised that staff has no objection to the Ordinance change. Commissioner Bertino has a problem because Southeast Dania elevation is only six feet on the FEMA map. He noted this is the area where we have a tremendous amount of flooding. Most of the homes in this area are older and will be purchased, taken down and new homes will be built. He thinks the best compromise is to make everything a seven foot elevation, which would meet all of FEMA's criteria. Mayor Castro opened the Public Hearing. Michael Shiff, owner of Dania Beach property, noted he developed property on the east side when the requirement was eight feet. He noted the street level on Dania Beach Boulevard is five . feet; if he had built to eight feet, no one would have been able to access the property, therefore, the Commission granted a variance for the project. He noted the City's eight foot Ordinance is in excess of FEMA's seven foot requirement for the property. He indicated that Dania Beach is the only Broward City that has an Ordinance that exceeds FEMA criteria. He remarked this Ordinance has been in the works for one year. He noted that Dania residents receive a 5% reduction on flood insurance because of the City's Ordinance. He indicated that Ft. Lauderdale receives a 10% reduction and they only follow FEMA criteria. He remarked he spoke to Commissioner Bertino about this and the City should look into doing the same thing. He agreed with Commissioner Bertino that seven feet throughout the City would be a good compromise. Seeing as there was on one to speak in favor or opposition, Mayor Castro closed the Public Hearing. Mr. Leeds indicated he did not object to amending the Ordinance to seven feet. He noted the current FEMA requirement is between 6-8 feet in the City. He does not think we would have a problem in the west; the biggest issues will be along Dania Beach Boulevard, east of US 1, which is part of the CRA. He indicated a mixed use condominium may have a problem with the one foot difference on the east side. He noted that FEMA does not like the use of variances. Commissioner Bertino motioned to approve Ordinance #2005-008, and change the elevation from eight feet to seven feet or FEMA, whichever is greater, on second reading; seconded by Commissioner Anton. The motion carried on the following 4-1 Roll Call vote: • Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday, April 12,2005—7:00 p.m. • Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea No 9.2 ORDINANCE#2005-009 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA AMENDING CHAPTER 25 ENTITLED "TRAFFIC", ARTICLE III, ENTITLED "PARKING", DIVISION 2, ENTITLED "ENFORCEMENT", SECTION 25-77, "ADMINISTRATIVE APPEAL", OF THE CITY CODE OF ORDNANCES TO AUTHORIZE THE USE OF HEARING OFFICERS FOR MUNICIPAL PARKING ORDINANCE VIOLATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2005-009. He noted this is to allow us to continue to use the County parking system for our parking ticket enforcement. Mayor Castro opened the Public Hearing. Seeing as there was on one to speak in favor or opposition, she closed the Public Hearing. Commissioner McElyea motioned to approve Ordinance #2005-009, on second reading; 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 9.3 RESOLUTION #2005-049 A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY JOSEPH KALLER, ARCHITECT, ON BEHALF OF JOHN GRENIER, FROM CHAPTER 28, "ZONING", FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD EAST OF THE DANIANS CONDOMINIUM CLUBHOUSE, FRONTING DANIA BEACH BOULEVARD, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Continued from March 22,2005) 9.4 RESOLUTION #2005-050 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY JOSEPH KALLER, ARCHITECT, ON BEHALF OF JOHN GRENIER, FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD EAST OF THE DANIANS CONDOMINIUM CLUBHOUSE, FRONTING DANIA BEACH BOULEVARD, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Continued from March 22,2005) City Attorney Ansbro read the title of Resolution #2005-049 and Resolution #2005-050. He advised these were quasi-judicial matters and asked the Commission to disclose any communications they may have had. He swore-in all who would speak on this matter. Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,April 12,2005—7:00 p.m. FORM 8E MEMORANDUM OF !VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS L NAME FIRST NAME-MIDDLE NAME NA F BOARD,COU IL,mn N,AUTHOg�Y,OR CO MI r f t o e. % 1 JC �►SS�o N MAILING ADDRESS _ THE BOARD,GIOUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON WHICH I ERVE IS A UNIT OF: UNTY ITY ❑COUNTY ❑OTHER LOCAL AGENCY ` r 4 r NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED _ O MY POSITION IS: CtYELECTIVE ❑ 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 7t 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 of„community 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 notprohibited from voting in that capacity. For purposes,of,thi.s law, a "relative" includes only the officer's father, mother, son, daughter, husband,wife, brother, sister,father-in-law, mother-in-law, son ih-law, and daughter-in-law:.A"business'associate;;.means any.p'erson or entity engaged-in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate'§hareholder(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 must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made 0y' ' you or at your direction. 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 8B-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,ihe form is filed. 9 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 ihe''person'responsible for recording the mihutes 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 200 (a)A measure 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: l ________ ____ _________ --------------- Date Filed -------------- ------------- ig NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, 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 813-EFF.1/2000 PAGE 2 Commissioner Bertino advised he had a fiduciary relationship with the applicant and recused himself from voting. Mayor Castro opened the Public Hearing. Joseph Kaller, architect for the project, advised the Commission requested a change in the architecture at the last meeting. He noted tonight they have brought forward a Mediterranean style, as requested by the Commission. M.P. Malone, 515 NE 2nd Place, Association Manager for the Danians, noted developers had previously met with them approximately one year ago. At that time the Danians gave a contingent letter of approval. She indicated they had not heard from anyone regarding the project, and they had not seen the renovations. She remarked she saw the last Commission meeting and spoke with the president of the association, who will be back in town on Friday. She noted they received a new set of plans, but they have not had time to review them. She does not anticipate any problems, and they want the project to go forward. She stated they cannot submit a letter of approval until they have time to review the plans. Laurence Leeds, Director of Community Development, noted that Vice-Mayor Flury had concerns about the architecture. He commented the revised plan is much better and he appreciates the recommendation from the Vice-Mayor. He noted the new plan has eliminated two of the five variances requested, and he has no problem continuing the hearing until April 261n to allow the applicant to obtain the letter from the Danians. • Seeing as there was on one to speak in favor or opposition, Mayor Castro closed the Public Hearing. Commissioner McElyea motioned to continue Resolution #2005-049, and Resolution #2005- 050, until April 26, 2005 at 7:00 p.m.; 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 9.5 RESOLUTION#2005-056 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY TO THE U.S. DEPARTMENT OF JUSTICE, UNDER THE BUREAU OF JUSTICE ASSISTANCE(BJA) 2005 JAG PROGRAM IN THE AMOUNT OF $22,339.00, WITH NO MATCHING FUNDS; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE MEMORANDUM OF UNDERSTANDING(MOU) AND TO ADHERE TO ALL OF ITS REQUIREMENTS PRIOR TO FUNDING; AUTHORIZING ACCEPTANCE AND EXECUTION OF THE GRANT AGREEMENT BY THE PROPER CITY OFFICIALS IF AND WHEN IT IS AWARDED; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. • City Attorney Ansbro read the title of Resolution#2005-056. Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday, April 12,2005—7:00 p.m. . Bonnie Temchuk, Assistant to the City Manager, advised the LLEBG program no longer exists and has been replaced by the JAG program. She advised BSO will be the Grant Administrator of this program. The City has been allocated $22,339; $20,000 will be used for the POWER After School and Summer Camp program, and $2,339 for crime prevention and security enhancement. Mayor Castro opened the Public Hearing. Seeing as there was on one to speak in favor or opposition, she closed the Public Hearing. Commissioner Bertino motioned to approve Resolution #2005-056; 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 10. Commission Comments 10.1 Commissioner Anton Commissioner Anton commented the FAA has told the airport to open the crosswind runway and move smaller jets to the south runway because of flight delays. He indicated that most of the delays are issues of scheduling, and private planes use the main runway. He noted we would continue to watch this issue, and suggested everyone write their County Commissioners. He advised the Melaleuca Gardens Association would meet tomorrow night and the Property Appraiser would be the guest speaker. He noted construction in the west is causing mud and water problems; this is a County project so he referred the matter to Commissioner Rodstrom's office. Charlene Scalese, 26 NW 13th Avenue, noted private jets are running during the early morning hours and she hears them. She indicated this has to stop and urged the residents of Melaleuca Gardens to contact their County Commissioners. 10.2 Commissioner Bertino Commissioner Bertino suggested the Homeowners' Association meet and start writing letters because if the FAA wants to do it, they can. This would affect the people in the northeast, and even the southeast section would incur a lot of noise. He commented the fountain in front of City Hall was donated and is very lovely, but the fountain is clogged and hardly works. Also, the lights do not work. He asked the CM to have someone maintain it. He remarked Sheridan St. has ugly orange barrels that make the City look awful and we need to do something with them. • Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday, April 12,2005—7:00 p.m. 10.3 Commissioner McElyea Commissioner McElyea complimented someone for the streetlights on US 1. He noted there has been a great improvement, but they still have a long way to go. He commented that people have been calling him about the wall at the end of Park Street. He indicated the Mobile Home property was taking down the wall and questioned if would be put back. City Manager Pato responded he discussed this yesterday with Commissioner McElyea, and he will look into it. He indicated it is a private property issue, not just a wall. Commissioner McElyea brought up the alarm issue he discussed with the City Manager. He noted a City employee told the person to call their favorite City Commissioner to get the fee waived. He noted he cannot do this, and he has been waiting three weeks for a response. He commented the person was going to speak to Chief Cowart, but the Chief was away at school. City Manager Pato responded Chief Cowart looked at it and the citation was properly issued. He advised there are no free alarms allowed in the Code. He indicated he would call the individual involved. Commissioner McElyea remarked employees should not tell callers to call their favorite Commissioner with problems. 10.4 Vice-Mayor Flury Vice-Mayor Flury commented at last meeting, three Commissioners approved a nonconforming use at the J. J. Kelly property. She asked the City Attorney to review the restrictive covenant before it is finalized and wanted to bring it to the attention of the other Commissioners. She questioned if it would be binding on future owners and would continue if the property was resold. She is concerned because the covenant refers to limousines and pickup trucks; she recalled that limousines could not be on the property. She is upset about the inclusion of pick-up trucks because they come in many fashions. She noted the covenant is useless because it says they can do almost anything with any motorized vehicle. City Attorney Ansbro responded he added the wording for pickup trucks because we need to identify with precision what they can and cannot do. He clarified the covenant says you can only park or store outside in the open air, all those things, including pickup trucks. He did not think this was an unreasonable thing to say because people would have them out there sometimes. Vice-Mayor Flury remarked when you start to store pickup trucks it will turn the property into a junk yard. City Attorney Ansbro responded he is confident he can change the wording. He clarified that nothing could be done with any kind of vehicles, except for buses. He noted that vehicles need to be fully operable. Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday, April 12,2005—7:00 p.m. Commissioner Anton remarked that limousines are not a big issue for him, but he would not support pickup trucks on this site. He remarked that no gas tank could be installed on the property either. Mayor Castro indicated the gas tank was delivered before applying for the Occupational License. She indicated it would be removed before the license was issued. City Attorney Ansbro advised there is a prohibition on gas tanks. He noted he would remove the word pickup truck from the document. Mr. Leeds added there is a paved parking lot in the front of the building. He noted people will bring automobiles, and pickup trucks, because that is what people drive, to the parking lot in front. City Attorney Ansbro noted he would correct the language to indicate that no pickup trucks can be stored on the property. He advised once the covenant is recorded, it applies to Mr. Kelly and any successors; it can only be released by the Commission. Vice-Mayor Flury asked if we could change the covenant so that it expires when the property is sold. City Attorney Ansbro responded that can only come about if someone makes a motion to reconsider it and we brought the applicant back to do that. Mayor Castro noted she understands that Vice-Mayor Flury has a problem with this, but right down the street there is a one thousand car parking garage for the airport; there is also a Federal Express Depot with all kinds of trucks going in and out, and nobody is talking about getting rid of Federal Express; there is a boat storage yard that is grandfathered-in with boats that will never operate. She noted the property is cleaner than before and she has no objection to the pickup truck issue. She noted only someone on the prevailing side could bring the issue up for reconsideration. 10.5 Mayor Castro Mayor Castro had no comments at this time. 11. Discussion and Possible Action 11.1 Contract for City Manager. (Mayor Castro) Mayor Castro remarked she has heard comments from people; however, she is trying to do what is best for the City of Dania Beach. She noted we need to project an air of stability; people want to know that we will move things forward and that we are going to be professional. They also want to know that whoever they talk to today will be the person they talk to tomorrow, as opposed to the threat of moving everybody out every time there is an election. She remarked we Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday, April 12,2005—7:00 p.m. need to be professional, ethical, stable, and project that image so that we get the right kinds of projects in Dania Beach. She proposed offering the City Manager a contract. She commented that when she ran for office she spoke with the Department Heads and they have confidence with Ivan Pato and they are comfortable with this decision. She remarked we have very professional Department Heads who are doing a great job and they would like stability. She indicated while attending Broward Days in Tallahassee, she received unsolicited opinions on the City Manager's leadership skills. She proposed a three year contract for the City Manager in order to take it out of the political election cycle. She remarked she is not proposing a golden parachute, or that the City Manager could not be terminated for not doing a good job. Chickie Brandemarte, commented the Commission works for the citizens and the citizens want their City Manager to have a contract. She indicated the Commissioners have a contract with the residents because they were elected by the people. She remarked people will be watching for this vote. She indicated the minutes from October 22, 2001, show that a motion was made by Commissioner Bertino, seconded by Commissioner McElyea to adopt a resolution to authorize entering into an employment contract with Ivan Pato. The point she wants to make is that all the Commissioners should vote for a contract. Commissioner Anton commented that he brought this up in the past, but it did not fly. He noted one of the recent Charter changes dealt with the City Manager and took care of some of the issues. He noted that all other City Managers have contracts. He commented it is not a matter of Ivan Pato; he realizes.a lot of people think he is his friend. He acknowledged they worked together in the past, but they do not socialize together. He stated he does not want a contract that expires with an election. He would support the idea of a contract, providing it is equitable for the City and the City Manager. Commissioner Bertino noted he has no problem with a contract; his problem is what is in the contract. He does not want to give away the golden parachute and is leery of a four or five year contract with a large severance package. He remarked if the terms of the contract are reasonable, he does not have a problem with a contract. Commissioner McElyea remarked a four-fifths vote is almost a contract. He remarked the City Manager is already belligerent. He acknowledged the City Manager has done an excellent job and is one of the best we've had, in some respects. He indicated he would not vote for a contract, but he would vote to keep the man around. Vice-Mayor Flury motioned to request the City Manager and City Attorney begin the development of a contract for the City Manager, but asked that as the City Attorney begins development of a contract that he do so after reviewing the contracts of six or eight other City Managers of somewhat similar size cities and use it as the basis for beginning the development of a contract the Commission could review; seconded by Commissioner Anton. Commissioner Bertino suggested the Commissioners should give the City Attorney their parameters, as opposed to looking at other contracts. Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday, April 12,2005—7:00 p.m. ® Commissioner Anton remarked the City Attorney can provide a synopsis of the contracts for the Commissioners to look at. He commented there will come a time when this City Manager is going to leave and we will have to compete to bring a quality City Manager into this City. This will send a clear message and will attract quality people when the time comes. Vice-Mayor Flury remarked we must be competitive; we must stop this idea that we cannot afford to be competitive. She remarked we are not a poor City; we are a reasonably decent size City with the pressures of a big City. She remarked that Ivan Pato can go anywhere he wants for a job and we would be in a tight spot. She does not want the items in the contract to cause it to go down the tube. She indicated we should see what the competition pays, and then we can be competitive and pay somewhere in the middle. 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 City Manager Pato commented he is grateful and appreciates the Mayor's confidence, but if something happens to him, the City will not be able to replace him with what he has today. He remarked this Commission will face the challenge of whether it moves this City forward, parks it somewhere, or takes it back. He thinks the step they took tonight moves the City forward. He assured the Commission that he is willing to commit himself for the long run. He is prepared to • work as hard as needed to continue to earn their confidence and help to move this City forward. He thanked them for their support and commented that this is not about a golden parachute; he built his golden parachute a long time ago. 11.2 Web Site development to allow for auto-notification of special notices, public meetings, and Commission meeting agenda availability to subscribers via e-mail notice with appropriate link enclosed. (Mayor Castro) Mayor Castro reported this has already been done. She commented you can go onto the website and sign up to be notified when the agenda and other notices have been posted to the website. 11.3 Securing a firm to make a study and Comprehensive Zoning Plan for Griffin Road, from I-95 to SR 7 (441). (Commissioner Bertino) Commissioner Bertino remarked the economic epicenter of Dania Beach will be Griffin Road. It is a main arterial and has been allowed to develop harum-scarum. He noted Griffin Road is tremendously valuable property with unbelievable potential in the future for the City of Dania Beach. The reason it is being developed in this way is because we do not have a Master Plan or Zoning Plan to make optimum use of the land for the citizens of Dania Beach. He realizes one problem for this plan is a minimum cost of at least $50,000. He knows we have $450,000 in contingency that we could tap, but he would not want to tap all of this. He noted another problem is when zoning is changed there are people who will be displaced and have their lifestyle altered. He questioned if we wanted proper planning for maximum utilization of the Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday, April 12,2005—7:00 p.m. • land for the betterment of everyone in Dania Beach, or if we want to leave it the way it is and let it develop whatever way it develops. He thinks we need to at least get started with a firm to do the preliminaries. He indicated this would help realize what potential dollars will come in from this area for the taxpayers of Dania Beach. He remarked this is good planning and good government. Commissioner Anton remarked that he mentioned this in the past. He agrees that Griffin Road will be the key to the City depending on what happens with the airport issue. However, he likes the idea of commercial zoning because of the small lot sizes, but it will displace a number of residents and he is sensitive to that issue. He does not support moving forward without first receiving feedback from the residents. Lastly, we need to talk to our airport experts to see if changing it to commercial would affect our position on the south runway. He asked the City Attorney to take a look at it. City Manager Pato commented this is exactly what the County would like for us to do; to rezone west of Griffin Road to commercial; this fits in with their plans for an expanded airport. He cautioned the Commission that we currently have a lot of projects and we would appreciate some time. Commissioner McElyea agrees we should do this because some of the current properties are run down. He thinks we are backing up if we wait. Vice-Mayor Flury agrees this needs to be done, but does not think this is the right time given the • issue with the airport. She remarked the County would love to have it zoned commercial so they could take everyone's commercial property. She indicated the level of anxiety is high and people are trying to figure out what they are going to do; housing is such a terrible problem right now and she does not know where the displaced people would go. Commissioner Bertino remarked waiting is fine, but we should at least have the foresight to place a moratorium while we study the area so it does not build up into small areas. He indicated the City needs revenue and we cannot afford to lose that. Vice-Mayor Flury commented we should always be planning and thinking, but we should not burden the homeowners on top of the problems they have with the airport. She is not convinced that Griffin Road should be a developers' paradise. She does not think it is fair to the people to do it now. Commissioner Anton commented that Vice-Mayor Flury is right; the EIS is due to be completed in 2006. He asked the City Attorney to check into the airport EIS. He would still want input from residents in the City. Mayor Castro asked if residents were better off financially if the property is rezoned commercial. She noted she would like a study of Stirling and Sheridan also, not just Griffin; this would enable us to have a City-wide Master Plan. Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday,April 12,2005—7:00 p.m. City Manager Pato commented several people have questioned where they would go if they are displaced by the airport. He indicated the Commissioners need to talk to the community and see how they feel about this. Commissioner Bertino remarked it doesn't necessarily mean it is going to happen; if we get a cursory study for proper business development, it does not mean we will have to take any residential homes. He commented we need information for proper planning. He does not want to place any undue burden on the homeowners. 11.4 Providing a section in the City Code of Ordinances dealing with trees and vegetation that would require a property owner to remove vines and other growth that are killing Oak Trees and other desirable trees. (Commissioner Bertino) Commissioner Bertino apologized because he was not aware that Commissioner Anton had begun this process. Commissioner Anton remarked this deals with a complaint received from a resident out west that involved the vines that grow over trees on vacant property and kill them and make the properties look unsightly. City Attorney Ansbro advised he has drafted an amendment to the Code and it has been reviewed by our Landscape Consultant. He indicated it would come to the Commission on April 26`n 12. Appointments 12.1 Airport Advisory Board (15 Members—3 per Commissioner—2 Year Term) Commissioner Bertino— 3 appointments Commissioner McElyea—2 appointments Vice-Mayor Flury— 1 appointment Commissioner McElyea appointed Bud Witz. Vice-Mayor Flury appointed Charles Fisher. 12.2 Code Enforcement Board— 1 Alternate position (Term expires 9/7/07) 12.3 Human Relations Board (10 Members—2 per Commissioner—2 Year Term) Commissioner Bertino - 2 appointments Commissioner McElyea— 1 appointment Vice-Mayor Flury— 1 appointment Mayor Castro—2 appointments Mayor Castro appointed Boisy Waiters, Jr. • 12.4 I.T. Parker Community Advisory Board (5 Members — 1 per Commissioner — 2 Year Minutes of Regular Meeting 16 Dania Beach City Commission Tuesday, April 12,2005—7:00 p.m. • Term) Commissioner Bertino— 1 appointment Mayor Castro— 1 appointment City Manager Pato remarked that Kurt Ely advised there is an Alternate position that needs to be filled. Vice-Mayor Flury responded there is no Alternate position on this Board. 12.5 Marine Advisory Board (15 Members—3 per Commissioner—2 Year Term) Commissioner Bertino—3 appointments Mayor Castro—2 appointments Mayor Castro appointed Billy Phipps and William Wosenitz. 12.6 Nuisance Abatement Board (5 Regular and 2 Alternate Members — 1 per Commissioner—Alternates by entire Commission—2 Year Term) Commissioner Bertino— 1 appointment Mayor Castro— 1 appointment 2 Alternate positions 12.7 Parks, Recreation and Community Affairs Advisory Board (10 Members — 2 per Commissioner—2 Year Term) ® Commissioner Bertino—2 appointments Commissioner McElyea—2 appointments Mayor Castro—2 appointments Mayor Castro appointed Beulah Lair and Jimmy Peterman. 12.8 Planning & Zoning Board (5 Members— 1 per Commissioner—2 Year Term) Commissioner Bertino— 1 appointment Commissioner Bertino appointed Dr. Paul Fetscher. 12.9 Police & Fire Pension Board—3 City Residents (2 Year Term) Mayor Castro appointed Wardell Lee, Beulah Lair, and Carolyn Jones. Vice-Mayor Flury motioned to approve all the Board appointments; 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 Minutes of Regular Meeting 17 Dania Beach City Commission Tuesday, April 12,2005—7:00 p.m. • 13. Administrative Reports 13.1 City Manager City Manager Pato remarked he needs direction on the Pier. He commented the Super Boat Races are scheduled in July, and Beach Re-nourishment begins in May. He indicated we would be ready to begin construction of the restaurant in June which will require closing the Pier for a considerable period of time. He commented in order to hold the Boat Races, we will have to delay construction of the restaurant and delay the project into late summer. He remarked we want the Boat Races and the Beach Renourishment, but we will have to shut down the Pier for construction. Commissioner Bertino commented many construction companies can make adjustments for short periods. He remarked the Boat Race brings tremendous publicity to the City. Commissioner Anton asked the City Manager if the Boat Races could be held during the Beach Renourishment. He also asked how the fund-raising for the Boat Races was going. City Manager Pato responded there is no issue between the Beach Renourishment and the Boat Races. He indicated that he met with some people regarding sponsorship of the Boat Races and they are evaluating the idea. He will keep the Commission informed. He remarked we are not building on land; we are building on a Pier which is narrow, which will be surrounded by construction equipment and barges. He noted it may not be possible to have access to the Pier. ® He commented we have not identified a construction company. Vice-Mayor Flury remarked that construction companies can make adjustments and this needs to be pursued. She stated we should not delay the construction of the Pier Restaurant, and if we have to miss the Boat Race for one year, it would not be a disaster. Commissioner McElyea asked the City Manager about the upcoming visit from our Sister City in Denmark. City Manager Pato remarked the Denmark Delegation will be here May 1-4, 2005, and we have a tentative schedule of activities. He commented there would be four dignitaries visiting and we intend to keep them as busy as we can. He noted that Commissioner McElyea has offered the use of his home, and that he intends to be at the airport when they arrive. He noted he would keep the Commission informed. 13.2 City Attorney City Attorney Ansbro verified that everyone received a copy of the letter from June Silvernale that addresses what happened to the $20,000 grant money for Main Street. He remarked that Main Street no longer exists. He is concerned because the City spent a lot of money years ago to obtain the IRS status of 501 (C) 3, Charitable Organization, and it would be a shame to lose it. He asked the Commission what they wanted to do. • Minutes of Regular Meeting 18 Dania Beach City Commission Tuesday, April 12,2005—7:00 p.m. Commissioner McElyea remarked it should be brought back. He noted that Main Street will be here forever because of the CRA, and he believes people would like to be involved. Mayor Castro agrees with trying to maintain Main Street. She does not want to take civil action for the grant money. Commissioner Bertino does not believe there was any criminal intent on the part of Main Street. He indicated the money was well spent, and he does not want to see Main Street die. He thought the Chamber might be the reasonable place for it to be; if they took it, we could probably get by with less money, and it would be more economical for the City. Vice-Mayor Flury advised she knew exactly what is in the storage container that belongs to Main Street. She remarked when the Nyberg Swanson house was renovated, the Chamber and Main Street needed to move out their files, and that is all that is in there. She agrees it would be nice to continue with Main Street, but it needs to be a truly volunteer organization. It takes volunteers and a lot of hard work. She indicated the Chamber cannot take over Main Street because they are an organization to help the business community; Main Street is focused on an area and has very specific goals. They do not need an executive director, but they do need a strong volunteer commitment. She is concerned about the specific dollars given to Main Street for the low interest loan program. She requested someone go to Citibank and see how the money was withdrawn without City approval. City Attorney Ansbro noted the City is not on the bank card and the bank will not give us any tinformation. Vice-Mayor Flury disagreed with the City Attorney and stated she wanted to see the documents. Commissioner Anton remarked we lost money that is unaccounted for, and legal action could be more costly than it is worth. If Main Street were reestablished, we would have to establish guidelines as to how it works. He remarked the money was not spent on what it was earmarked for because Main Street did not generate the funds it required. City Attorney Ansbro advised he is ready to present the Impact Fee Ordinance at a workshop. He commented we want everyone to know we appreciate everything the Code Enforcement Board has done, but we will be transitioning to a Special Magistrate on October 1, 2005. City Attorney Ansbro asked Fire Chief Ken Land to discuss the Motocross facility. He commented that since January we have had 13 calls for non-sanctioned races. He is concerned about the injuries, especially those involving children. He proposed bringing the Motocross people back to answer questions. Commissioner Anton remarked we need to pull the minutes because he does not remember anyone talking about sanctioned races. They were supposed to have medical facilities on-site; and if they are in violation we need to bring them back before the Commission. Minutes of Regular Meeting 19 Dania Beach City Commission Tuesday,April 12,2005—7:00 p.m. City Attorney Ansbro responded the proposal was for sanctioned races; we never thought we would have a problem with practice races. He remarked he would bring it back at the next meeting. Fire Chief Ken Land remarked the private company has had their license to transport pulled by the County, so the City needs to respond when the injuries are severe. He indicated they are high index injuries meaning they need to go to trauma units, not regular hospitals. He noted since January 1 st they have responded 13 times, and Hollywood has also responded to some calls. Vice-Mayor Flury is concerned about waiting until the next meeting. She remarked given the scope of injuries, there should be medical personnel on-site every time they are open. City Attorney Ansbro remarked the Commission only imposed that medical personnel be present during races, not during practice. Vice-Mayor Flury commented we ought to shut them down. Commissioner Anton questioned if we could do a cease and desist order until we bring it back in two weeks. City Attorney Ansbro will contact their attorney and see what we can work out and bring it back at the next meeting. • 13.3 City Clerk—Reminders Thursday, April 14, 2005 —7:00 p.m. —Pension Study Workshop Wednesday, April 20, 2005 —6.00-9:00 p.m. —Volunteer Recognition Party at Frost Park Tuesday, April 26, 2005 —7:00 p.m. —Regular Commission Meeting Thursday, April 28, 2005 —4:00-6:00 p.m. — CRA Workshop Sunday, May 1st—Wednesday, May 41h, 2005 —Denmark Delegation Visit (Sister City) 14. Adjournment Mayor Castro adjourned the meeting at 9:55 p.m. CITY OF DANIA BEACH C"� ATTEST: ANNE CASTRO i MAYOR-COMMISSIONER LOUISE STILSON CITY CLERK • Approved: April 26, 2005 Minutes of Regular Meeting 20 Dania Beach City Commission Tuesday,April 12,2005—7:00 p.m.