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HomeMy WebLinkAbout2005-04-26 Regular City Commission Meeting Minutes MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, APRIL 26, 2005 - 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 Bobbie Grace, former Mayor and City Commissioner, 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 American Cancer Society Relay for Life at Frost Park on May 6-7, 2005 Louise Stilson, City Clerk, advised the first American Cancer Society Relay for Life in Dania Beach would be Friday, May 6, 2005 at 6:00 p.m., through Saturday, May 7, 2005 at 12:00 p.m. at Frost Park. She indicated the Certificate of Insurance has been filed with the City, and the Fire Department and Broward Sheriffs Office (BSO) have no concerns with the event. She advised Chief Cowart of the BSO would be present throughout the event because he is Captain of the BSO team. She commented the Mayor and Vice-Mayor would be present for the Survivor Lap at 6:00 p.m. on Friday. She invited everyone to join them for this exciting and worthwhile event to help the fight against cancer. Commissioner Bertino motioned to approve the American Cancer Society Relay for Life at Frost Park on May 6-7, 2005; seconded by Commissioner McElyea. Commissioner Bertino amended his motion to include that the facility be open in the eventuality that somebody needed to use it; seconded by Commissioner McElyea. Vice-Mayor Flury questioned if we would be taking away from the event by opening the facility. City Clerk Stilson responded generally people stay awake throughout the whole event. She explained one member of the team needs to be walking on the field at all times. Vice-Mayor Flury asked the City Clerk if she would be at the event all night and if she would keep the key in case somebody needed to go into the building; this way the building would not need to be open unless needed. Commissioner Bertino agreed to Vice-Mayor Flury's recommendation. 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 5. Proclamations • 5.1 Poppy Day Proclamation—American Legion Auxiliary Unit 304 Mayor Castro presented a Proclamation to Peggy Backes, Poppy Chairman for the American Legion Auxiliary Unit 304, declaring May 28, 2005 as Poppy Day in the City of Dania Beach. Peggy Backes, Poppy Chairman, explained the red crepe-paper flower is made by hospitalized American veterans to provide physical and therapeutic help to the veterans. The poppies are to remind all Americans of the price of war and the sacrifice of millions of lives. All donations are used to help disabled veterans and their families. She asked everyone to help support the veterans. 5.2 National Nurses Week Proclamation—Pat Tyra, Florida Nurses Association Mayor Castro presented a Proclamation to Pat Tyra and Maria Schwind, R.N., President of District 21, Florida Nurses Association, proclaiming May 6-13, 2005 as Nurses Week in the City of Dania Beach. Maria Schwind thanked the Mayor and Commission in recognition of their efforts and helping the citizens of Dania Beach. • Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday, April 26,2005—7:00 p.m. 6. Citizen Comments Bobbie Grace remarked she is delighted we are having Relay for Life in Dania Beach. She encouraged everyone who knew a cancer survivor to attend. She presented a "Wish List" of items she would like for the NW community from the Bond Referendum. She is troubled with item #7.6 on the Agenda. She commented if it had not been for the Commissioners having contact with the employees, a lot of the projects in the City would not have been completed. She indicated our City would not be in the condition it is today were it not for the Commissioners. She commented she does not want our City run as a dictatorship, but as a leadership. She did not think that any employee who was doing a good job would be disturbed by this. She remarked if you have a problem with a Mayor or Commissioner coming to you, you are in the wrong place because they are elected to oversee the City to make sure that things work properly. George Jason, 4549 SW 37th Avenue, spoke of the zip code issue west of I-95. He noted he has contacted all the local representatives and will copy the Commission. He indicated they were rejected for two years and are trying again to have the zip code changed. He noted we need to unite the west part of the City by having an address that says Dania Beach, not Ft. Lauderdale. He noted they get late delivery, and some days they do not receive any mail because of the heavy load. He discussed that there are no hurricane shelters in this area. He noted he also asked for this in his letter to the representatives. He stated Dania Beach United supports a contract for the City Manager. He addressed the Communication Policy. He indicated he talked to the City workers to find their feelings on this policy. He noted the Commissioners were elected by the • citizens and should have access to all staff to keep the City moving forward. The City Manager and Department Heads could hide things from the Commission and they would not know what is going on in the City. He indicated the employees he spoke with did not think this policy was necessary. He commented in an emergency, the Commission does not have time to find the City Manager for results. He indicated there have been times in the past, when the Commissioners got things accomplished by going to staff. He agreed that a direct order should not be given to employees, but he does not think it has been a problem in the past or will be in the future. He noted that the Commission is allowed to talk to employees, but not talk about the City; he does not see how this could happen. He noted he believes in the chain of command, but does not feel this resolution is necessary. Pat Tyra, captain of the western COP program, thanked BSO for the appreciation dinner. She is hopeful that BSO will be able to sponsor a training program for any resident in Dania Beach who would like to become a volunteer in the COP program. The City will be hosting the training on Tuesday, May 3rd at City Hall. She is hopeful for new volunteers; it is a wonderful opportunity to give back to Dania Beach. William Dubisky, President of the General Employees Union, spoke on item #7.6. He noted he has input from a number of employees and they support the Communication Policy. They come to work to do a quality job for the residents of Dania Beach; they do not need political pressure put upon them from the Commission. He indicated the Union definitely supports the policy; only the President of the Union can speak on issues; he is currently the acting President and will gladly speak to any Commissioner. Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,April 26,2005—7:00 p.m. Vice-Mayor Flury commented on the hurricane shelters. She noted we spent much time on this last year, and it is unlikely that anyone will find a shelter in closer proximity to our residents this year. Not only must you find a building that is appropriate, but the American Red Cross has to supply the staff. She wondered if we should give some thought to how to get our residents to existing shelters during an emergency. She asked the City Manager to look into this issue. City Manager Pato advised the Fire Chief would report to the City Commission during the second meeting in May. Commissioner Bertino agreed with Mr. Jason on the hurricane shelters. He noted we need a proper shelter and the City of Dania Beach has the perfect opportunity to build a shelter during the construction of the Parking Garage, Library and Fire Station. 7. Consent Agenda Items added to Consent Agenda: Item #7.10 Items removed from Consent Agenda:Item #7.4, Item #7.6 & Item #7.8 7.1 Minutes: Approve minutes for Workshop Meeting of April 8, 2005 Approve minutes for Regular Meeting of April 12, 2005 7.2 Travel Requests: Travel request of Frank Crandon to attend the Building Officials Association of Florida 53rd Annual Conference in St. Petersburg, Florida, from June 6-8, 2005. (Estimated cost $836.45) Travel request of Louise Stilson to attend the 2005 FACC Conference in Orlando, Florida, from June 19-22, 2005. (Estimated cost $762.82) Travel request of Michael Cassano to attend the State Hurricane Conference in Tampa, Florida, from May 10-13, 2005. (Estimated cost $717.50, paid through the Interlocal Agreement Between Broward County and City of Dania Beach for Comprehensive Emergency Operations Plan for All Hazard Homeland Security) Resolutions 7.3 RESOLUTION #2005-063 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO APPLY FOR, ACCEPT IF AWARDED AND EXECUTE AN AGREEMENT FOR THE 2005 ASSISTANCE TO FIREFIGHTERS GRANT FOR THE PURCHASE AND INSTALLATION OF A VEHICLE EXHAUST SYSTEM IN THE AMOUNT OF $77,640.00; AUTHORIZING MATCHING FUNDS IN THE AMOUNT OF $7,764.00 AND FURTHER AUTHORIZING TIME EXTENSIONS IF NEEDED; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday, April 26,2005—7:00 p.m. 7.4 RESOLUTION #2005-064 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY COMMISSION TO ENTER INTO AN EMPLOYMENT CONTRACT WITH IVAN PATO AS CITY MANAGER; PROVIDING FOR A PUBLIC HEARING TO BE HELD ON MAY 10, 2005 PERTAINING TO THE TERMS OF SUCH CONTRACT BEFORE IT IS EXECUTED; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2005-064. Commissioner Bertino commented that every citizen who is interested in a contract for the City Manager should contact the City Commissioners and let them know what they feel should be in a contract. He noted during the election, the citizens voted that it takes a supermajority to remove the City Manager; this is a four-fifths vote and provides security for a City Manager. Commissioner McElyea questioned who would be the beneficiary of the City Manager's $100,000 Life Insurance policy. He remarked no other citizen in this town has the City paying a beneficiary insurance. City Attorney Ansbro commented it would be whoever the City Manager designated. Vice-Mayor Flury commented all Cities provide an insurance policy for their top executive, and the beneficiary is whomever the City Manager designates. She indicated if the citizens have questions or concerns on any issue, she hoped they would contact the City Commissioners. Commissioner Anton questioned the blanks that were left in the contract. He asked if Section 3.1, Termination Without Cause, would be written as it is in the Charter. City Attorney Ansbro responded it would be changed to reflect the Charter. He encouraged the Commissioners to contact him regarding their concerns with the contract. Commissioner Bertino motioned to approve Resolution #2005-064; 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 7.5 RESOLUTION #2005-065 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR TRANSMITTAL OF RECENTLY ADOPTED CITY CHARTER AMENDMENTS TO MUNICIPAL CODE CORPORATION FOR CODIFICATION AND INCORPORATION INTO THE PUBLISHED CITY CHARTER OF THE CITY OF DANIA BEACH; PROVIDING FOR FILING OF THE CHARTER; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. • Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday,April 26,2005—7:00 p.m. 7.6 RESOLUTION #2005-066 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,ADOPTING A "COMMUNICATION POLICY"GOVERNING COMMUNICATIONS BETWEEN ELECTED OFFICIALS AND CITY EMPLOYEES;PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2005-066. Commissioner Bertino remarked we are a representative form of Government and should be informed as well as possible. The better informed, the better they can do their job. He agrees that the Commission should not direct any City employee, but during emergencies the Commission should be able to direct employees if the City Manager or Department Heads are not available. It is the fiduciary responsibility of the Commission to take care of anything that may end up being a total emergency. He indicated the Commission would not censure one of their own for doing something that is that proper. He noted Mr. Dubisky cannot speak to the Commission on Union matters because he is not a Department Head. He noted this is getting ridiculous; as Commissioners they should be able to speak to all employees. He agrees the Commission should not direct anybody or tell them what to do, but then you run into First Amendment rights. He noted that City employees could speak to the Commissioners under the policy; it only affects the Commission's First Amendment Rights and the rights of the citizens. City Attorney Ansbro responded the policy does not prohibit employees from speaking to the Commission. The policy is only imposed on the City Commission. • Commissioner Bertino remarked this stymies the rights of those who have elected them to office; it could be counter-productive in situations where the higher-ups are the only ones allowed to talk to them. Commissioner Bertino motioned to pass the Resolution and remove in the second paragraph, the second sentence. Motion failed for lack of a second. Commissioner McElyea commented on an incident he had on Saturday. He indicated a citizen contacted him at 6:00 a.m., and the City Manager did not return his call until 8:30 p.m. He questioned what he should have done in that circumstance. Vice-Mayor Flury commented there is a lot of reference to years gone by. She does not intend to change anything that she does. She indicated she calls the City Manager or staff and tells them of problems but does not direct them to do anything. She noted prior employees would be willing to testify of the problems they had because of directives from Commissioners. Commissioner Anton remarked he supports the policy and stated it would not block anybody from contacting staff. He noted the Commission can speak to staff provided they go through the Department Director. Commissioner Anton motioned to approve Resolution #2005-066; seconded by Vice-Mayor • Flury. Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday, April 26,2005—7:00 p.m. Commissioner Bertino requested the motion include the Department Heads and City Manager keep their cell phones on 24/7 in order to be contacted during an emergency. Commissioner Anton remarked they already do that, and if it is an emergency the Commissioner is going to do it anyway and nobody is going to censure anybody if it is an emergency. He stated his motion stands as stated. Commissioner Bertino clarified that any employee can speak to a Commissioner about City business without reprisal. City Attorney Ansbro responded that was correct. Mayor Castro commented she supports this policy. She noted some requests by the Commissioners can take a great deal of resources depending on the request. She noted the most valuable resource the City has is its people, and we need to provide them with some protection. She noted she has no problem waking the City Manager early in the morning, if needed. She indicated she would be asking a lot from staff in the next few years and we need to make sure they have the tools, time and direction to get things done. Commissioner Bertino requested the Commissioners receive the cell phone numbers of all the Department Heads. The motion carried on the following 3-2 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino No Mayor Castro Yes Commissioner McElyea No Ordinances (Titles read by City Attorney) 7.7 ORDINANCE #2005-011 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA AMENDING CHAPTER 26, "VEGETATION", ARTICLE III, "TREE ABUSE", OF THE CITY CODE OF ORDINANCES TO ADD A NEW DEFINITION TO SECTION 26-35, "DEFINITIONS", TO INCLUDE NEGLECT OF CARE OF "SPECIMEN TREES", DUE TO COMPETING INVASIVE VEGETATION AS A TYPE OF "TREE ABUSE"; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.8 ORDINANCE #2005-012 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA AMENDING ARTICLE I, "IN GENERAL", SECTION 22-5, "PAVEMENT, IMPROVEMENT AND USE OF SWALE AREAS" TO LIMIT USE OF ROCKS TO DESIGNATED DRIVEWAYS ONLY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the title of Ordinance #2005-012. Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday, April 26,2005—7:00 p.m. Vice-Mayor Flury requested clarification of the Ordinance. Laurence Leeds, Director of Community Development, advised this was requested by the Public Services Department. It deals with the size of the crushed rock in the swale areas. He indicated people have been using different sizes and this Ordinance specifies that it shall be no bigger than three-quarter inch rock. City Attorney Ansbro clarified the amendment confines the use of the rock to the driveway area, not in the swale; we encourage the swale area to be grass. Vice-Mayor Flury does not see the problem with using the rock; it has a better appearance than dead grass. Mr. Leeds agreed with Vice-Mayor Flury. He cannot explain the background; this was a Public Services request. Vice-Mayor Flury suggested holding off until we get an engineer; she does not see the downside to using nice rock in the swale area. Commissioner Bertino remarked the three-quarter rock would enhance percolation better than dead grass. The only problem would be when people pull off onto the swale and it kicks the rock onto the pavement. Commissioner McElyea commented they used Pea Rock in the past; it percolates and grinds up. He noted that some people use Pit Rock which bonds together like concrete and does not percolate. He thinks three-quarter rock is a mistake; he thinks we should use Pea Rock. Vice-Mayor Flury motioned to defer the Ordinance until the City Commission meeting on May 10, 2005, at 7:00 p.m.; 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 7.9 ORDINANCE #2005-013 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA ESTABLISHING MONETARY THRESHOLDS FOR CERTAIN PURCHASES MADE ON BEHALF OF THE CITY AS AUTHORIZED BY THE CITY COMMISSION, CITY MANAGER OR BOTH AND FOR CHECK SIGNATURE AUTHORIZATIONS; CREATING SECTION 2-10 OF THE CITY CODE OF ORDINANCES TO BE ENTITLED "MONETARY THRESHOLDS AND CHECK AUTHORIZATION FOR CERTAIN PURCHASES AND CHECK AUTHORIZATION"; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Minutes of Regular Meeting $ Dania Beach City Commission Tuesday, April 26,2005—7:00 p.m. Addendum 7.10 RESOLUTION #2005-068 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING RESOLUTION NO. 2005-004 WHICH APPROVED A ZONING APPEAL REQUEST SUBMITTED BY THOMAS LAUBENTHAL, REPRESENTING SOUTH FLORIDA SPORTS COMMITTEE, FOR PROPERTY LOCATED AT 2600 SW 36T" STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Bertino motioned to approve the Consent Agenda, with the exception of Items #7.4, 7.6 and 7.8, and the addition of Item #7.10; 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 8. Bids and Requests for Proposals There were no proposals at this meeting. 9. Public Hearinjzs and Site Plans 9.1 ORDINANCE #2005-007 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE ZONING APPENDIX OF THE CITY CODE OF ORDINANCES, BY AMENDING ARTICLE II, ENTITLED "ACCESSORY AND DETACHED BUILDINGS AND STRUCTURES", SECTION 33-40 ENTITLED "REGULATION AND USE OF WATERWAYS AND FACILITIES RELATED THERETO", TO ESTABLISH SETBACK LIMITATIONS FOR VESSELS DOCKED OR ANCHORED AT THE END OF DEAD-END CANALS AND WATERWAYS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) (Continued from March 22,2004) City Attorney Ansbro read the title of Ordinance #2005-007. Laurence Leeds, Director of Community Development, requested a continuance until the May 10, 2005 City Commission meeting. Mayor Castro opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Commissioner Anton motioned to continue Ordinance #2005-007 until the May 10, 2005 City Commission meeting at 7:00 p.m.; seconded by Vice-Mayor Flury. The motion carried on the following 5-0 Roll Call vote: Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,April 26,2005—7:00 p.m. FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST -FIR TNRME-MIDDLE NAME NAME(IF,BOARD,COUNCIL,CO ISSION,AUTHO OR MM EE MAILING ADDRESS THE BOAF�DJCOUNKL,eOMMISSION,AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: CITY CO Y ®'dTY ❑COUNTY ❑OTHER LOCAL AGENCY ( (6122( NAME OF POLITICAL SUBDIVISION: DATE ON WHICH V T OC URRED MY POSITION IS: ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 813 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. .40 INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A 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 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 or 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: ^though you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you st disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made b y 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 KEN: 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 the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCU$S•ION 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. DI CLOSURE OF LOCAL OFFICER'S INTEREST hereby disclose that on------ 9- ��. 11 (a)A measure came or will come before my agency which(check one) 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: ------- - a`---------------------------- ----- -------- --- - ---- Date Filed - - ( I 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 Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes 9.2 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&April 12,2005) 9.3 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&April 12,2005) 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. Commissioner Bertino advised he had a fiduciary responsibility and relationship with the applicant and had to refrain from voting. Laurence Leeds, Director of Community Development, commented the revised architecture of the building is a big improvement. He noted a letter of approval was submitted from the Danians, and indicated he did not object to adding the condition for shielding the pool lights as condition number ten. Joseph Kaller, architect, noted they do not object to the lighting condition requested by the Danians. 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 motioned to approve Resolution #2005-049, with the addition of condition ten; seconded by Commissioner McElyea. 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 Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday, April 26,2005—7:00 p.m. • Vice-Mayor Flury motioned to approve Resolution #2005-050, with the addition of condition ten; seconded by Commissioner McElyea. 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 commented the County has the wrong address for the City of Dania Beach, he requested the City Manager to direct somebody to contact them to correct it. He asked the City Manager for an update on the infrastructure issue that was approved a year ago. City Manager Pato responded the person with the update is just arriving in Ft. Lauderdale. Commissioner Anton requested this be a discussion item for the next agenda. He commented on the post office and zip code issue. He asked the City Attorney about the letter we sent to Congressmen Shaw and Congressman Schultz. • City Attorney Ansbro responded the aide to Mr. Wexler had also offered to help us, but they have not been much help either. He noted they were kind enough to get the City's name on the Post Office downtown, but the zip code issue has not been resolved. He noted we need to pressure the elected officials in Washington to get the people in Atlanta to pay attention to us. He advised the best way is to call the elected officials, and he would provide the Commission with the phone numbers to call. Commissioner Anton commented they are looking at putting another post office on the west side and utilize it as Dania. George Jason commented they have a petition going around, but they need 700 signatures. He indicated they are looking for a new zip code because 33004 and 33312 are both overloaded. 10.2 Commissioner Bertino Commissioner Bertino thanked Bobbie Grace for bringing her associations' wish list to the Commission. He encouraged any association or group to sit down and look at what they would like in their neighborhood and put it in writing to the City Manager and Commission. He wondered if we would establish an Advisory Board. Mayor Castro remarked she asked the City Attorney to look into this. • Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday,April 26,2005—7:00 p.m. . Commissioner Bertino asked the City Manager to look into the water fountain at City Hall and asked about the orange barrels on Sheridan Street. He commented the streetlights on Federal Highway are a problem and could cause an accident. He stated we pay FP&L for those fixtures regardless if they are on or not, and we want them on. He indicated the memorandum on the CPTED study talks about street lighting being adequate, but additional lighting on existing poles would be $500 each. He noted he has a rental in the SE section and pays $9.95 per month for a fixture and FP&L maintains it; he wondered why they would charge the City $500 for each fixture. He commented that FP&L has contracted for the massacre of the trees in the City and everywhere else, and we can't stop them. He indicated Mr. Sparkman, who has a lawn care business in the City, has offered to re-shape the trees. 10.3 Commissioner McElyea Commissioner McElyea asked the name of the tree consultant the City uses. Mr. Leeds responded it was Patty McLeod. Commissioner McElyea commented on sandwich signs which are appearing throughout the City. Mr. Leeds commented Broward County does not allow residents to remove Black Olive Trees from swale areas; however they can be removed from private property. He commented he cannot change the code. He noted the ordinance for the removal of pole signs was approved in . 1998; however, there are special situations where people have buildings close to the road and it is difficult to obtain a monument sign. He indicated he would work with people, but he must abide by the Code. Commissioner Anton commented we might want the City Attorney to look at the Tree Ordinance with the County Attorney. Commissioner McElyea commented speed humps would be a good idea from Bobbie Grace's wish list. He questioned why the cost of removing a speed hump is $7,500, yet it costs $2,500 to install one. City Manager Pato responded it is more work to remove the hump and repair the road, than to install one. 10.4 Vice-Mayor Flury Vice-Mayor Flury did not want people to think we were removing traffic calming devices in the City. She thanked the City for the Volunteer Party at Frost Park last week; she was pleased to see the participation. She noted the COPS program also had a luncheon for their volunteers. She thanked Kristen Jones and Chief Cowart for recognizing our volunteers. She mentioned that if Commissioners do not make their Advisory Board appointments within 60 days, any Commissioner can make the appointments. She asked that we get the boards filled as soon as possible. She commented she is opposed to creating a Citizens Advisory Board for the Bond issue unless we have a well documented purpose for the Board. She is not opposed to the Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday, April 26,2005—7:00 p.m. • Advisory Board, but wants their purpose clearly defined before appointments are made. She commented the City has spent thousands of dollars on studies and we cannot ignore the recommendations from these studies. She asked Mr. Leeds about rezoning Sheridan Street. Mr. Leeds responded a draft ordinance is on his desk and will be presented to the P&Z Board in May. 10.5 Mayor Castro Mayor Castro reported she attended the Men and Women's Club of Dania Beach luncheon; Davis Isles Block Party; the Lions Club barbecue and Triangle Village barbecue. She noted that she appreciated all the invitations and enjoyed all the events. She advised she will be attending the Broward County Hurricane Conference in May and the Broward League of Cities Dinner. She commented delegates from our Sister City in Denmark would arrive next week. She asked the City Manager to include an update on the pari-mutuels and slot machines on the next agenda, in particular what opportunities we have in making sure we protect the NE neighborhood and the appropriate amount of time from any undue burden of traffic and noise from an immediate impact. Mayor Castro proposed two Boards: a Library Board consisting of 10 people to discuss design, aesthetics, location, etc; and a Neighborhood Improvement Board to do public outreach into the communities. She noted the $2M is for the entire City, and she hopes the Board can bring back concise information and recommendations for the Commission to adopt. She invited anyone interested in helping her write the purpose and scope of the boards to join her. City Manager Pato asked Fred Bloetscher to address Commissioner Anton's questions. Commissioner Anton asked for an update on the infrastructure. Fred Bloetscher advised the Dania Beach Boulevard water main has been designed and permits are in hand from the City and Health Department; we are waiting for a permit from DOT. He noted we have applied to SRF for a loan and are awaiting a letter to incur cost before moving forward. The second project is the waterline coming from the Plant to the intersection of Dania Beach Boulevard and US 1. He indicated it was undecided if it would be on US 1 or parallel to US 1. He noted FDOT would do a significant amount of construction on US 1. He indicated FDOT does not expect to have plans ready until February-April 2006; construction would not begin until summer. The waterline from the treatment plant to Dania Beach Boulevard is probably a year project and will be funded through SRF. He indicated the Water Treatment Plant project would fit at the current compound and hope to get started next fall. City Manager Pato remarked we already received approval for SRF funds, and we see no stumbling blocks for the project. Vice-Mayor Flury asked that the schedule be provided to the Commission. i Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday, April 26, 2005—7:00 p.m. • 11. Discussion and Possible Action 12. Appointments 12.1 Airport Advisory Board (15 Members—3 per Commissioner—2 Year Term) Commissioner Bertino—3 appointments Commissioner McElyea— 1 appointment Vice-Mayor Flury— 1 appointment Commissioner Bertino appointed Jay Field. Vice-Mayor Flury appointed Beverly Worley. 12.2 Code Enforcement Board— 1 Alternate position(Term expires 9/7/07) Mayor Castro appointed Keith Capone. 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— 1 appointment Commissioner Bertino appointed Bob Adams. Vice-Mayor Flury appointed Pat Rafacz. 12.4 I.T. Parker Community Advisory Board (5 Members — 1 per Commissioner — 2 Year Term— 1 Alternate) Commissioner Bertino— 1 appointment Mayor Castro— 1 appointment 1 Alternate position Commissioner Bertino appointed Terrell McCombs. Mayor Castro appointed George Jason. 12.5 Marine Advisory Board (15 Members—3 per Commissioner—2 Year Term) Commissioner Bertino— 3 appointments 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 Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday,April 26,2005—7:00 p.m. 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 Commissioner Bertino appointed Judy Jensen. Vice-Mayor Flury appointed Patrick Schilling to the P&Z Board. Commissioner Bertino 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 13. Administrative Reports 13.1 City Manager O City Manager Pato reported on the progress and schedule for the Pier Restaurant. He advised projected construction would not affect the Super Boat Races in July. We are still working on sponsors for the Super Boat event. He indicated there would be activity in Dania Beach over the weekend as a result of the Air & Sea Show. He noted the water fountain at City Hall has been repaired, and we are waiting for the new lights. We met with FP&L and they will address the street light issue. He indicated he and City staff spoke to the woman Commissioner McElyea referred to earlier, and BSO talked to her about the suspicious activity. He asked direction from the Commission on clearing the second floor of the Swanson House; he would like to move the items to Boisy Waiters until a decision is made on Main Street. The Commission did not voice any objections. Vice-Mayor Flury commented the Main Street program is based on the cooperative efforts of the City, the volunteer group, and the business community. She noted all three must be supportive for the program to be successful. 13.2 City Attorney City Attorney Ansbro had no further comments. 13.3 City Clerk—Reminders Thursday,April 28, 2005 —4:00-6:00 p.m. —CRA Workshop Sunday, May I"—Wednesday, May 4th, 2005 —Denmark Delegation Visit (Sister City) ® Tuesday, May 10, 2005 —7:00 p.m. —Regular Commission Meeting Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday,April 26,2005—7:00 p.m. Thursday, May 19, 2005 —6:00 p.m. —Abatement Hearing Tuesday, May 24, 2005 — 7:00 p.m. —Regular Commission Meeting Wednesday, May 25, 2005 —2:00 p.m. - Impact Fees Workshop 14. Adjournment Mayor Castro adjourned the meeting at 9:13 p.m. CITY OF DANIA BEACH Q"'C.� ATTEST: ANNE CASTRO MAYOR-COMMISSIONER LOUISE STILSON CITY CLERK Approved: May 10, 2005 Minutes of Regular Meeting 16 Dania Beach City Commission Tuesday, April 26,2005—7:00 p.m.