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HomeMy WebLinkAbout2005-05-10 Regular City Commission Meeting Minutes MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, MAY 10, 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 Father Anthony Tomasulo, Church of the Resurrection, 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 FY 2004 Comprehensive Financial Statements—Patricia Varney, Finance Director Patricia Varney, Director of Finance, introduced Jerry Chioka, Engagement Partner and Director of Public Services for Rachlin, Cohen and Holtz, City Auditors. She advised this is the second year of implementing GASB 34. GASB 34 changed the City's accounting to include: accrual method of accounting; depreciation of City fixed assets; elimination of internal service fund; include long-term debt as part of net assets; and government-wide statements for governmental activities and business-type activities. Mr. Chioka reported the City's total net assets are $62,284,528, an increase of$5,392,767. Highlights of the report: General Fund General Fund Revenue $30,955,350 General Fund Expenditures $24,725,747 Net Increase in Fund Balance $ 5,332,566 Ending Fund Balance $ 12,970,527 Unreserved Fund Balance $ 9,375,597 Reserved Fund Balance $ 3,594,930 Other Funds Tree Preservation Fund $167,082 Perpetual Fund $633,723 I.T. Parker Fund $ 56,653 Donation Fund $ 485 Business-Type Funds Unrestricted Retained Earnings Water Fund $1,357,335 Sewer Fund $1,085,021 Stormwater Fund $ 11,250 Restricted Retained Earnings Water Fund $ 893,068 Sewer Fund $1,003,519 Fiduciary Fund General Employees Retirement $11,535,314 Police & Firefighters Retirement $24,859,323 Capital Assets Governmental Activities $34,243,276 (net of depreciation) Business-Type Activities $16,280,896 (net of depreciation) Mr. Chioka noted they found no matters that need to be brought to the attention of the City Commission in the area of internal control or material weaknesses. In the area of compliance, their testing disclosed no instances of non-compliance or other matters to bring before the Commission. The Management Letter notes there were no significant findings or recommendations made in the audit report. The City was in compliance with the Florida Statutes regarding investment of public funds. Nothing came to their attention to make them believe the City was in any violation of laws, rules, regulations, or contractual provisions; made any illegal or improper expenditures; had any deficiencies in internal control that are not reportable conditions, including but not limited to improper or inadequate accounting procedures, failures to record transactions, etc. He stated the City was not in a state of financial urgency in 2004, and in fact is in a very healthy financial position. Mr. Chioka noted there was one management comment on Payroll Status Forms. He commented that nobody reviews the change of forms in the Finance Department. They felt this was something that should have a check and balance system. Their recommendation is that the form • Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday, May 10,2005—7:00 p.m. • be reviewed by the Finance Department in order to insure the accuracy and adequate internal controls. 4.2 State of the City—Ivan Pato, City Manager City Manager Pato reported on the accomplishments, goals and challenges of the City. Accomplishments Return of the Whiskey Creek Marina Successful pari-mutuel slot machine agreements County and State approval of the Land Use Plan Amendment (LAC) Street Beautification Program 50/50 Sidewalk Repair Program CPTED study of Dania Heights neighborhood Completed 28`h & 291h year CDBG grants, Awarded 301h year CDBG grant and applied for 31st Year CDBG grant Summer Camp, After School Programs, and Summer Food Programs Completed renovations to CW Thomas Park and PJ Meli Park through FRDAP grants Beach Renourishment Created new City website Dania Beach Fie Rescue placed in the top 7% nationally for fire suppression activities Maintained 4 minute or less response time for an Advanced Life Support Unit • Challenges Image and perception issues Airport expansion Promote homeownership as opposed to rentals Strengthen financial disciplines and maintain adequate contingency funds Improve street lighting Modernize information technology systems Establish policies and procedures Citywide Improve customer service in all departments Bring improvements to the Public Services facility Encourage economic development and redevelopment to expand the City's existing tax base Renovations to CW Thomas and PJ Meli Park centers Expand City Hall Goals Streamlining City government functions Change entitlement culture and improve employee productivity More cost effective delivery of City services Public/private partnerships to deliver cost effective government services Compliance with records storage requirements Explore different pension plan options for future employees Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday, May 10,2005—7:00 p.m. • City Manager Pato commented the successes presented tonight would not have been possible without the support of a great staff. He noted we need to be proud of our staff. 4.3 Presentation to Judith Richka from Teddy Bohanan of Turnaround Dania Beach This item was withdrawn from the agenda at the request of Teddy Bohanan. 5. Proclamations 5.1 National Maritime Day, May 22, 2005 Mayor Castro read the Proclamation for National Maritime Day. 6. Citizen Comments George Jason, 4549 SW 37`h Avenue, addressed the Commission as President of Dania Beach Neighborhoods United. His first subject was hurricane shelters; he commented he had sent mailings to the Commission so they are familiar with the project. He will contact the Broward County School Board regarding new schools built to the new hurricane codes and hard construction. He indicated this would give our citizens a safe place to go during hurricanes because we have many seniors that need a nearby shelter. He suggested the City consider • building the Community Center at Meli Park as hard construction so that it could be used as a hurricane shelter. He indicated there may be grants available for this. He noted that he contacted County Commissioner Rodstrom and will contact other Commissioners, Congressmen and Senators. Pamela Swanson, 4681 SW 33'd Avenue, noted she asked for streetlights a couple of years ago. She has been patient, but is again asking for her neighborhood to be researched. She indicated her street has had a lot of drug activity for years. She stated she presented a petition for speed humps three years ago and they were installed; however, they did not do the job that was necessary. She noted they do not have sidewalks or street lighting. Vincent Gardner, 4681 SW 33`d Avenue, stated he witnessed drug activity in his neighborhood and thinks streetlights would help. He noted they have lights, but they are not high intensity lights used in crime areas. He indicated his area is a part of the City that has been forgotten. Robert Champlin, 42 SW 6t" Street, asked how a homeowner and taxpayer knows if the Mayor has done a good job at the end of her tenure. He asked what results she intends to produce in the next year as Mayor. He questioned what the Commissioners intend to provide over the next ten months, as well as the City Manager, City Attorney, and Department Heads. He asked what the performance plans were. He thinks there needs to be a workshop on producing results. He hates to think that all everyone plans to do is just show up and conduct business as usual; this would be a waste of numerous resources and a lot of people's time. • Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday, May 10,2005—7:00 p.m. • Vice-Mayor Flury commented this is the first time she has seen Mr. Champlin at a Commission meeting. She encouraged him to come to workshops and meetings so that he would have the opportunity to see the things that are being accomplished. She noted we are all focused on the things they have promised and the things we absolutely know must be accomplished. Commissioner Bertino commented we need to have an overall plan; we don't need to be stumbling around in the dark. We need to have objectives, and we need to reach those objectives. He thinks we are going to be master planning and we are going to follow that plan. Chickie Brandemarte, 101 SE 3`d Avenue, spoke on behalf of a contract for the City Manager. She stated she wants an overwhelming contract to show solidarity between the Commissioners and the City Manager. She thanked the Commission for Kristen Jones, Director of Parks and Recreation, because the seniors cannot do without her. She also thanked City Manager Ivan Pato and City Attorney Tom Ansbro for their support at the Seniors Meeting. She thanked BSO for attending every Senior Citizen meeting. She asked for Unity within the Community. 7. Consent Agenda Items added to Consent Agenda:Item #7.10 7.1 Minutes: Approve minutes for Workshop Meeting of April 14, 2005 • Approve minutes for Regular Meeting of April 26, 2005 7.2 Travel Requests: Travel request of Eric Baker and William Johnson to attend the Florida Association of Code Enforcement Conference in Sanibel Island, Florida, from June 15-18, 2005, for certification purposes. (Estimated cost is $770.61 for each attendee) Resolutions 7.3 RESOLUTION#2005-076 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR FUND TRANSFERS AND APPROPRIATION OF FUNDS FOR FISCAL YEAR 2004-2005 AS A MID-YEAR AMENDMENT; PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.4 RESOLUTION#2005-069 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, DESIGNATING T.I.M.E. 4 KIDS, A PROGRAM OPERATED BY TURN AROUND DANIA BEACH, INC., AS A PROVIDER OF AFTER SCHOOL PROGRAMS PERTAINING TO FCAT PREPAREDNESS AND IMPROVEMENT; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. • Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday, May 10,2005—7:00 p.m. • 7.5 RESOLUTION#2005-070 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE EXECUTION OF AN AGREEMENT WITH BROWARD COUNTY AND OTHER MUNICIPALITIES REGARDING THE COUNTY'S MOBILE WATER CONSERVATION LAB PROGRAM; MAKING FINDINGS; AUTHORIZING THE EXPENDITURE OF $1,914.00 IN FY 2005, AND $9,108.00 OVER THE NEXT FIVE YEARS AS THE CITY'S CONTRIBUTION TO THE MOBILE IRRIGATION LAB PROGRAM; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE AGREEMENT; PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR EFFECTIVE DATES. 7.6 RESOLUTION#2005-077 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE 2005 AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH; PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS OF THE LOCAL OPTION GAS TAX IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX ORDINANCE; PROVIDING FOR CONFLICTS;PROVIDING FOR AN EFFECTIVE DATE. 7.7 RESOLUTION#2005-078 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE 2005 AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH; PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE FIFTH CENT ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE; PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. . 7.8 RESOLUTION#2005-079 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE 2005 AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH; PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.9 RESOLUTION#2005-080 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE PROFESSIONAL SERVICES IN AN AMOUNT NOT TO EXCEED $25,000.00 FROM HTE INC., FOR THE PURCHASE OF THE HUMAN RESOURCES APPLICATION AND MONTHLY ACCESS; PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Addendum 7.10 RESOLUTION#2005-081 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, DECLARING CERTAIN PERSONAL PROPERTY TO BE OBSOLETE, SURPLUS, AND OF NO FURTHER USE TO THE CITY OF DANIA BEACH; DECLARING THE INTENT OF THE CITY TO DISPOSE OF SUCH PROPERTY AT THE DIRECTION OF THE CITY MANAGER; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,May 10,2005—7:00 p.m. ® Vice-Mayor Flury motioned to approve the Consent Agenda, with the addition of Item #7.10; 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 8. Bids and Requests for Proposals 8.1 RESOLUTION#2005-071 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE SERVICES FROM CHEN AND ASSOCIATES RELATING TO THE "CPTED" AND NEEDS ASSESSMENT STUDIES PROJECT, UNDER THE 30TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM; PROVIDING THAT THE COST FOR SUCH SERVICES SHALL NOT EXCEED TWO HUNDRED TWENTY-TWO THOUSAND FIVE HUNDRED DOLLARS ($222,500.00); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of the Resolution. Bonnie Temchuk, Assistant to the City Manager, gave an overview of the 30th Year CDBG CPTED study. The study will include street lighting, traffic calming, sidewalks, drainage, • community patrol, crime watch, neighborhood beautification, and neighborhood signage. The study will be conducted in two areas on the east side, and five areas west of 1-95. She advised three companies submitted a proposal and Chen and Associates was rated as number one. She noted the study would be completed by September 30, 2005. Commissioner Bertino suggested in the future, the companies and the criteria used for selection, along with the ranking, be presented to the Commission. Commissioner Bertino motioned to approve Resolution #2005-071; seconded by Vice- Mayor Flury. 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 Item #9.8 was heard after Item #8.1 9. Public Hearings 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 Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday, May 10,2005—7:00 p.m. • 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 22,2005 and April 26, 2005) City Attorney Ansbro read the title of the Ordinance. Laurence Leeds, Director of Community Development, advised this does not rezone property; it is only a text amendment. It changes where boats can be docked at the end of dead-end canals. He indicated it would affect the people directly at the end of the dead-end canal and the people to the right and left. The Ordinance would require a minimum ten foot setback at the dead-end, and each property owner would have to dock their boat so it does not intrude into their ten foot setback area. This ordinance was suggested by the Marine Advisory Board, and an extensive notification was made to the affected property owners. Clive Taylor, Marine Advisory Board Chairman, remarked this issue had been discussed for a year at the regular meetings. He indicated this would provide a reference for future conflicts that would be fair to property owners on both sides of the corner. It is their idea of heading off future conflicts and to resolve them fairly. They think this is a good thing to do for the future. Mayor Castro opened the Public Hearing. Lynn Masters, 2797 SW 46'h Street, commented they believe the ordinance is being re-written • for ease of boat turning, but it needs to address that everyone on the waterway has a ten foot setback. She believes you need to allow the neighbors to work out their own issues. If the Marine Advisory Board is really concerned about the ease of navigability of the waterway, they should address the size of boats and some of the junk in the project boats floating in the waterways. Richard Montgomery, 4661 SW 371h Avenue, advised when he first moved here the water was clean and there was plenty of fish. He remarked Dania got greedy and annexed property and now they want to tell him that he can't keep his boat there. He indicated his property would depreciate in value if he loses twenty feet of boat dockage. Theresa Bennett, attorney for the Mancusi family, believes the Marine Advisory Board is trying to address future conflicts, but that is going to put the City sideways to inverse condemnation suits which will likely come out of this as a result of taking 20' of waterfront property from the property owners. She indicated compensation is due to the property owners under Article 10, Section 6, of the Constitution. The property rights of the waterfront property owners are governed by Florida Statute 253.141 (Riparian Rights). The ordinance as presented is faulty just as a matter of disproportionate impact on the various property owners. Sean Patrick, 4710 SW 341h Drive, commented he has lived at Davis Isles for 38 years and presently does not have a boat, but he has never had a problem. He indicated because he lives on a corner lot he is assessed a higher tax rate. He commented this is the first time he has heard about this ordinance, and he has never heard of anyone having a problem. • Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,May 10,2005—7:00 p.m. Ken Slosser, 4411 SW 33`d Avenue, remarked this ordinance will directly affect his property value. He questioned if the Commission had checked to see if this would hold up in court. Commissioner Anton pointed out the ordinance states it will not be enforced unless there are complaints. He commented the ten foot area does not have anything to do with navigation; this has to do with someone putting a big boat in the canal. He questioned if this was something the City needs to resolve or if it was something that should be left to the property owners and courts to resolve. He asked Mr. Taylor if there were complaints that brought this about. Mr. Taylor responded there was an issue with one board member that lived at the end of a canal and a new neighbor was going to bring in a sixty foot boat. He indicated in Ft. Lauderdale there is a five foot setback on each end, and it has been that way for years. He commented if everyone got along we would not need this. City Attorney Ansbro advised if the Commission leaves this alone, the people may fight it out in court and the City would stay out of it. He thinks it would be defensible in court if it was approved, but it could be susceptible to the Burt J. Harris Act. Mr. Leeds commented he has a problem with the ordinance because it will be difficult to enforce. Seeing as there was no one else to speak in favor or opposition, Mayor Castro closed the Public Hearing. rCommissioner McElyea motioned to deny Ordinance #2005-007, 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 9.2 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) (Continued from April26, 2005) City Attorney Ansbro read the title of the Ordinance. Vice-Mayor Flury asked if this meant people could not use rocks in the swale area. Fred Bloetscher responded yes. The intent was to allow people to use rocks in their driveway area, but the rest of the swale area would be grass. Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday, May 10,2005—7:00 p.m. Vice-Mayor Flury would prefer to see pea rock in swale areas as opposed to dead grass and dirt. She does not understand why we do not allow pea rock in the swale area. Mr. Bloetscher responded the swale areas throughout the City are the principle source of drainage in the neighborhoods. He noted people park in the swale and compact the soil and the City has to keep going back and cutting the swales. He indicated there are some areas that are compacted and it is a problem. The ordinance was initially intended to have the swale areas go down from the road and then back up to the sidewalk so there is an area for the water to drain off the road. Over time, the swale becomes bigger and keeps the water from draining off the road into the swale and as a result the water goes on to somebody else's property. 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 deny Ordinance #2005-012, on first reading; 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 9.3 ORDINANCE #2005-011 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA AMENDING CHAPTER 26, "VEGETATION", ARTICLE II1, "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. (SECOND READING) City Attorney Ansbro read the title of the Ordinance. Laurence Leeds, Director of Community Development, remarked he was contacted about this by Jay Field. This ordinance gives the City the authority to cite the owners of undeveloped vacant land for not removing vines from specimen trees, specifically Specimen Oak. The City would only respond on a complaint basis. 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 approve Ordinance #2005-011, 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 Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday, May 10, 2005—7:00 p.m. 9.4 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. (SECOND READING) City Attorney Ansbro read the title of the Ordinance. He noted this was a follow up to a referendum item. Mayor Castro opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Commissioner Bertino motioned to approve Ordinance #2005-013, on second reading; seconded by Commissioner Flury. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes 9.5 ORDINANCE #2005-014 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA REPEALING SECTION 2-2 OF THE CITY CODE OF ORDINANCES, WHICH SECTION IS ENTITLED "COMPENSATION OF MAYOR, COMMISSIONERS"; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the title of the Ordinance. He noted this was a housekeeping matter to repeal an outdated section of the Code. Mayor Castro opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Commissioner Bertino motioned to approve Ordinance #2005-014, on first reading; 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 Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday,May 10,2005—7:00 p.m. ® 9.6 RESOLUTION #2005-075 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING EXECUTION OF A CITY MANAGER EMPLOYMENT CONTRACT BETWEEN IVAN PATO AND THE CITY OF DANIA BEACH, FLORIDA;PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of the Resolution. He noted this contract is identical to the contract the City Manager had several years ago, and does not provide anything additional to what he currently receives. He advised the contract includes a six month severance package if the City Manager is terminated without cause. Commissioner Bertino indicated he would like a clause that the City Manager should live in the City of Dania Beach. He noted it would not be appropriate with the current Manager, but we should think strongly about it for future managers. City Attorney Ansbro responded that clause has been in the Charter since 1965. Commissioner Anton commented everything in the contract is the average of similar sized cities in the County. He indicated the average City Manager salary is $134,000 per year. He thinks a three year contract brings the expiration of the contract between election cycles which helps take out the politics. He commented this is not about the current City Manager; there will come a time when we will need to attract somebody to come to the City. He stated that he supports this contract. Vice-Mayor Flury agreed with Commissioner Anton. Mayor Castro commented it is important for the City to have a contract with the City Manager. The City does not have the best reputation, but we are moving in the right direction. She thinks it is imperative to attract other staff, as well as future City Managers. People want to know that they have a stable environment, and a contract helps convince them of that. She does not think the City Manager should have to live within City limits. She stated she supports this contract. 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 #2005-075; 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 9.7 RESOLUTION#2005-072 A RESOLUTION OF THE CITY OF DANIA BEACH,APPROVING THE VARIANCE REQUEST SUBMITTED BY JUERG SCHREITER, APPLICANT, FROM THE DANIA BEACH CODE OF ORDINANCES, ZONING APPENDIX, ARTICLE II, SECTION 33-40(13)(d), FOR PROPERTY LOCATED AT 301 NE 2 COURT, DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday, May 10,2005—7:00 p.m. This item was withdrawn by the applicant. 9.8 RESOLUTION #2005-073 Heard after Item #8.1 A RESOLUTION OF THE CITY OF DANIA BEACH,APPROVING THE VARIANCE REQUEST SUBMITTED BY RONALD AND STACEY COSTELLO, FROM CHAPTER 28, "ZONING", ARTICLE 4, "DISTRICT REGULATIONS", "SCHEDULE OF LOT, YARD AND BULK REGULATIONS", FOR PROPERTY LOCATED AT 262 SW 8 STREET, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of the Resolution. He advised this was a quasi-judicial matter and swore in all who would speak. He asked the Commission to disclose any communication they had on this matter. Commissioner Bertino and Commission McElyea disclosed they spoke with the applicant. Mayor Castro opened the Public Hearing. Ron Costello, 262 SW 81h Street, remarked they are adding an addition to their home because of their son who is in a wheelchair. He commented they are adding out from his son's room. They are requesting a variance for five feet. • Corinne Church, City Planner, noted the Code requires a seven foot setback, but the applicant is only able to provide a five foot setback. She noted there is a hardship, so staff and the Planning Board recommended approval. She commented no complaints have been received from any neighbors. Seeing as there was no one to speak in favor or opposition, Mayor Castro closed the Public Hearing. Commissioner McElyea motioned to approve Resolution #2005-073; 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 Item #9.1 was heard after Item#9.8. 9.9 RESOLUTION #2005-074 A RESOLUTION OF THE CITY OF DANIA BEACH,APPROVING THE VARIANCE REQUEST SUBMITTED BY CLARE VICKERY, APPLICANT, REPRESENTING DORIS SINGER, PROPERTY OWNER, FROM CHAPTER 28, "ZONING", ARTICLE 6.21, "OFF-STREET PARKING REQUIREMENTS", FOR PROPERTY LOCATED AT 49 NORTH FEDERAL HIGHWAY, IN THE CITY OF DANIA BEACH; PROVIDING FOR . CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday, May 10,2005—7:00 p.m. City Attorney Ansbro read the title of the Resolution. He advised this was a quasi-judicial matter and swore-in all who would speak. Commissioner Anton, Vice-Mayor Flury, Mayor Castro and Commissioner Bertino disclosed they spoke with the applicant. Claire Vickery, resident of Ft. Lauderdale, with a background in City Planning and Redevelopment, stated she enjoyed working with the City's staff. She indicated she is accepting the recommendation that the restaurant will be 60 seats; she also indicated the dance studio would be for fun and not open during the operating hours of the cafe. She remarked she would like to work with staff on planning the CRA area and an off-street parking program. Mayor Castro opened the Public Hearing. Tamara Wahl owns the neighboring property and is concerned about the need for a lot of parking. She currently has problems with people parking in her parking lot when visiting the Post Office. She suggested the City consider a parking garage because there are times when there is not enough parking at the neighboring properties. She does not want to lose her rights to her property. Seeing as there was no one else to speak in favor or opposition, Mayor Castro closed the Public Hearing. Laurence Leeds, Director of Community Development, advised the proposed uses are consistent with the zoning and CRA plan. He is concerned about the parking situation and does not want it to replicate the situation at Grandpa's. He has included conditions and would like to change the second one so that no more than 60 customer seats shall be permitted. Condition number four should state that dance classes shall not coincide with the operation of the restaurant. The other conditions would remain the same. He noted this approval would sunset in twenty four months from tonight; this is a trial period. Vice-Mayor Flury is concerned about the two year sunset. She questioned if the two year condition was necessary because the number of seats was reduced to 60. Mr. Leeds responded he would not want to go beyond three years because we do have a parking shortage. Ms. Vickery commented she would love three years, but in the end she is going to be successful. She commented if she attracts other restaurants it will require planning for a solution to the parking issue. She wants to work with the neighbors and try to find a solution. She would gladly take the three years. Mayor Castro questioned if the Post Office parking issue could be addressed. Mr. Leeds responded the people who own the parking lots could put up signs about towing. Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday,May 10,2005—7:00 p.m. . Ms. Vickery suggested if we do some preliminary things, such as stripe the street where we intend cars to park, it would be a small step in the program and may make a difference, in addition to better signage. Vice-Mayor Flury motioned to approve Resolution #2005-074, with conditions outlined by Mr. Leeds and a three year sunset; 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 10. Commission Comments 10.1 Commissioner Anton Commissioner Anton congratulated staff on the presentation of the audit, especially the Finance Department. He acknowledged we are in better shape than ever, but we are still looking at troubling times ahead financially. He congratulated the City Manager and staff for their accomplishments. He congratulated Kathy VanNoorden on the American Cancer Society Relay for Life at Frost Park. He mentioned the Melaleuca Homeowners' meeting was scheduled for tomorrow night at City Hall. A condemnation attorney will be the guest speaker to speak to the residents concerning the airport issues. 10.2 Commissioner Bertino Commissioner Bertino commented the Super Boat Race would include a parade of boats and the director wants to put on a Tomato Fight. He indicated this would be done at no expense to the City, and Main Street would be involved in the event. He commented we have a problem with an overgrown lawn at a home on 3rd Avenue and we need to do something about it. He assumed we all knew the Broward County School Board would build a new school at Olsen Middle School. However, there is a horrible drainage problem in that southeast side. He suggested we could do something to try to get the School Board to take care of the drainage when they take the old school down. He commented on the lack of hurricane shelters in the City. He remarked building hurricane shelters is not the job of the City; it should be done by the County, State and Federal Governments. He would like us to make a statement by building our buildings to hardened construction, and suggested we may be able to get grant money. He commented the Relay for Life was a great event and looks forward to doing it again in the future. 10.3 Commissioner McElyea Commissioner McElyea commented an alley between Gulf Stream Road and the Hill property is being dumped with furniture and trash. He indicated Meadowbrook Lake had erosion where the pipes we use for our pump run into the lake. He thinks the pipe is broken. He remarked the • Historical Society of Broward County wants names of people who may be pioneers. Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday, May 10,2005 7:00 p.m. 10.4 Vice-Mayor Flury Vice-Mayor Flury commented she was privileged to join the Mayor of Broward County, and the Mayors of Hollywood and Hallandale for the kickoff of the Beach Renourishment Program. She commented it would be nice if the people doing the Boat Race would put on some of the events for us. We talked about putting up $50,000 for the Boat-Races, but if they have the money to do any events she would like them to take care of $50,000 first. She suggested the City Manager work closely with them so that it does not get out of hand and we don't get stuck. She is supportive of the Boat Races and thinks we should make some contribution, but she does not want the money to be going from one to the other. She hoped the City Manager would be the only person working with the company. City Manager Pato remarked he has been working with Mr. Carbonell. He commented he heard they were planning to do the parade, and it is not a matter he has discussed with Mr. Carbonell. He wants to avoid the problems we had last year because it did not come to the City's attention until the last minute. He remarked if they want to do a parade, they have to come in and apply for a permit and go through the process. He encouraged them to work closely with us to avoid any last minute confusion. Vice-Mayor Flury remarked many cities are developing ordinances regarding pedophiles. She is concerned that the pedophiles will have to leave other cities and come here. She questioned if we should have an ordinance because she does not want us to become the dumping ground. Police Chief Bryan Cowart, BSO, advised State Statutes are very specific as to where the predators can live. He encouraged the City to start looking into an ordinance because he thinks it is beneficial. Vice-Mayor Flury asked for an update on negotiations with the Fire Union. City Manager Pato responded the General Employees Union contract is going for a vote this Thursday; they have agreed to the terms and conditions proposed. They have been cooperative on keeping re-openers on Health Insurance and Pension issues until such time as the City Commission determines which direction they want to go. He thinks they are looking favorably at the FRS plan, but they need more information. We have not heard from the Fire Union; we submitted a proposal to them on December 16, 2004 and have not received a response. The next meeting with the Fire Union is scheduled for June 2"d 10.5 Mayor Castro Mayor Castro encouraged the Fire Department to respond and would like to find out why they haven't responded. She commended Fire Chief Land and Captain Caruso on their surprise inspection and a job well done. She also thanked Bonnie Temchuk for obtaining another grant. She advised we received some plaques and gifts from representatives of our Sister City in Denmark and from American Fleet Week. She indicated we are hoping to get them framed and is placed in City Hall so people could see them. Minutes of Regular Meeting 16 Dania Beach City Commission Tuesday, May 10,2005—7:00 p.m. • 11. Discussion and Possible Action 11.1 City support of the Firefighters Benevolent Association 101h Dolphin Derby, including banners and logos (Mayor Castro) Mayor Castro advised the Dolphin Derby would benefit the Dan Marino Foundation and they are looking for City support. The event will be the weekend before the Super Boat Races and she suggested the Firefighters Association contact Mr. Carbonell to coordinate the two events. She asked the Commission to use $1,500 of the promotional funds to purchase banners for this event. Commissioner Bertino motioned to approve the expenditure of $1,500 for banners for the Firefighters Benevolent Association loth Dolphin Derby; 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 11.2 Key to the City and Proclamation for Dan Marino; Dan Marino Foundation will be the beneficiary of the event (Mayor Castro) ® Mayor Castro asked if we could provide a Key to the City and Proclamation to Dan Marino, or someone from his foundation. Commissioner Anton motioned to provide a Key to the City and a Proclamation to Dan Marino; 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 12. Appointments 12.2 Human Relations Board (10 Members—2 per Commissioner—2 Year Term) Commissioner Bertino - 1 appointment Commissioner McElyea— 1 appointment Mayor Castro— 1 appointment Commissioner Bertino appointed Kevin Pierson. 12.3 Marine Advisory Board (15 Members—3 per Commissioner—2 Year Term) ® Commissioner Bertino—3 appointments Minutes of Regular Meeting 17 Dania Beach City Commission Tuesday, May 10,2005—7:00 p.m. ® Commissioner Bertino appointed Mr. Webb. 12.5 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 Commissioner McElyea appointed Cari Kresa. Commissioner Bertino appointed Bob Adams. Mayor Castro appointed Rae Sandler. 12.6 Parks Recreation and Community Affairs Advisory Board (10 Members — 2 per Commissioner—2 Year Term) Commissioner Bertino— 1 appointment Commissioner McElyea—2 appointments Commissioner Bertino appointed Julie Brockman. Commissioner Bertino motioned to approve all the Board appointments; seconded by Vice- Mayor Flury. 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 City Manager Pato thanked staff for helping with tonight's presentation. He announced we now have direct debit for utility bills through our website. He commended Louise Stilson and Kathy VanNoorden for working on the American Cancer Society Relay for Life. He noted it was a great event and the representatives are anxious to return next year. He thanked the City Commission for support of the City Manager with tonight's contract. He indicated the next step on the Slots issue should be announced on Thursday or Friday and he will keep the Commission privately informed. He is happy to hear that Main Street is alive and well, however they still need to settle some issues with the State, and we are ready to assist them. 13.2 City Attorney City Attorney Ansbro had no further comments. • Minutes of Regular Meeting 18 Dania Beach City Commission Tuesday, May 10,2005—7:00 p.m. 13.3 City Clerk—Reminders 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 Fee Workshop 14. Adjournment Mayor Castro adjourned the meeting at 9:58 p.m. CITY F DANIA BEACH ATTEST:: ANNE CASTRO MAYOR-COMMISSIONER LOUISE STILSON CITY CLERK Approved: May 24, 2005 • Minutes of Regular Meeting 19 Dania Beach City Commission Tuesday, May 10,2005—7:00 p.m.