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HomeMy WebLinkAbout2005-05-24 Regular City Commission Meeting Minutes MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, MAY 24, 2005 - 7:00 P.M. 1. Call to Order Mayor Castro called the meeting to order at 7:03 p.m. 2. Invocation and Pledge of Allegiance Pastor Mario Cinelli, Lighthouse Community Church, 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 Presentation of the City of Dania Beach 2005 Hurricane Plan—Fire Chief Ken Land Chief Bruce Caruso, EMS Captain, advised Chief Land was ill and he would make the presentation in his absence. He noted the 2005 Emergency Preparedness Plan includes the Broward Sheriff's Office District Two Emergency Operations Plan, which has been incorporated into one document. The City has two emergency operation centers: the Fire Station in Dania Beach; the other at the shared Fire Station in Hollywood. The City of Hollywood also has their emergency operation center at the Hollywood Fire Station. He noted the Red Cross and the Broward County School Board select shelter sites; the closest shelter is in Pembroke Park. There are twelve shelters in Broward County which are located west of evacuation zones; people with special needs can pre-register for transportation to emergency shelters by calling 954-537-2888. Evacuations are performed by BSO and the Fire Rescue Department. He noted there are two handouts on the information table in the atrium for the public; one with contact numbers and the other on information for the tax free shopping period for emergency supplies. He advised there is a total of twenty nine shelters in Broward County, both primary, secondary and tertiary, . however the Red Cross is very careful in opening shelters and they list the shelters that are open. He reminded everyone that over the last five years, Broward County EOC has changed the evacuation map. There are two plans for evacuation: Plan A is typically a category one or two hurricane, which is the beach area up to Al A; Plan B is category three or higher, the mandatory evacuation area is east of Federal Highway. He pointed out mobile homes are always under a mandatory evacuation for their own safety, and if anyone is uncomfortable staying in their home they have every right to seek shelter. Commissioner Bertino remarked twenty nine shelters do not come close to what is needed for Broward County. He wants the City to take the lead in building all new construction west of I- 95 in hardened construction so that we can get some type of shelter and safety. Vice-Mayor Flury agrees with Commissioner Bertino, but most people are in homes with shutters and we do not need to find shelters for that many people. She is concerned about elderly people, those in mobile homes, and those who live east of US 1. She noted most people will not leave their homes because they do not want to leave their animals behind and they can't take them to shelters. She does not think we should build everything to hurricane standards because it is very expensive and the American Red Cross approves the shelter and has to staff it. Captain Caruso advised there will be a pet friendly shelter at Millenium Middle School in Tamarac; the capacity is 400 pets. Pre-registration is through the Humane Society in Dania Beach. It is first come, first served, 400 pets. Commissioner McElyea questioned why the School Board did not attempt to build a shelter on the property they own near Meli Park. City Manager Pato responded Meli Park is not suitable because you need to travel 28t" Terrace and the Park is surrounded by many trees which could fall and block access. He will be happy to assist in lobbying for shelters, but thinks we may be setting people up for disappointment if we continue to pursue opening shelters in Dania Beach. Commissioner Anton complimented Chief Caruso on tonight's presentation. He worked several storms when he was with BSO, and Hurricane Andrew was the worst. He indicated there is not much that will stand up to a category five hurricane. He understands people will not leave their pets behind. He recommended staff look further into the idea for a shelter that is closer to Dania Beach. He advised people to develop a plan before June lst; everybody should have a back-up plan. People are primarily responsible for their own lives; the City is a backup to that plan. The other issue is if you do not evacuate, somebody will have to put themselves in harms way to come out and help you if you are in trouble. Commissioner Bertino remarked most hurricane shutters don't meet Ioday's standards. He indicated the City has limited money, but he is advocating that we should do something. He thinks we need to be a leader and build a shelter at Meli Park. • Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,May 24, 2005—7:00 p.m. • 4.2 Certificates of Appreciation— City Manager Ivan Pato City Manager Pato presented Certificates of Appreciation to Mary McDonald, Director of Human Resources and Risk Management; Bonnie Temchuk, Assistant to the City Manager; and Will Dubisky, President of the General Employees' Association, for their time and effort devoted to the General Employees Union Contract negotiations. Patricia Varney, Finance Director and Nicki Satterfield, Assistant Finance Director, were not present to receive their certificates. He noted the Union employees approved the contract by a vote of two to one. Vice-Mayor Flury thanked the negotiating team; she thinks the agreement is fair. She suggested they negotiate the Fire Department contract as well. Commissioner Anton congratulated everyone, and reminded the Commission that the employees have put their faith in them in this agreement. He stated the Commission needs to make sure they live up to what the employees are asking for, such as pay for performance. 4.3 Joe Van Eron, Triangle Village Civic Association of Dania Beach Heights Joe Van Eron stated he did not know until this afternoon that he would be making a presentation and thanked the Commission for allowing it. He noted the neighborhood is proud of the many accomplishments they have undertaken, and thanked the volunteers who helped in the many projects. He introduced the City's newest COPS program volunteers, and thanked them for . supporting the vision of a peaceful, safe environment and neighborhood. He presented a gift to Chief Bryan Cowart and Richie Tarrant of the BSO. 5. Proclamations There were no proclamations at this meeting. 6. Citizen Comments Kathy DiBona, Principal of Dania Beach Elementary, advised they will have their seventh annual dedication of Trees to Life Ceremony on Thursday. This is a celebration of life with the children through the planting of trees and beauty which they dedicate to the people in the community that have passed on. She mentioned the TIME 4 Kids program and presented a token of appreciation to Bonnie Temchuk, Assistant to the City Manager, for her assistance with the program. She also presented a token of appreciation to Chief Bryan Cowart. She presented a pen and Certificate to Commissioner McElyea for being one of the Volunteers of the Year for Broward County. She also mentioned some people who are retiring from the school would be having a celebration at Threes Company on June 3ra. She thanked the Commission for their support of the school. Kurt Ely, Chairman of the I.T. Parker Advisory Board, reported they had their first meeting on May 12th and the Fire Department has an upcoming special event. The Board unanimously Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,May 24, 2005—7:00 p.m. • deferred the decision to reduce the rental fee to the Commission. He stated the Commission has to take action on whatever rent the Fire Department should pay for the use of the facility. He indicated the Board would begin to review the overall operation of the Center in June to figure out how to better merchandise the building. Pat Tyra, President of the Estates of Ft. Lauderdale, presented their "Wish List" for the neighborhood improvement bond issue. They include median lights; traffic calming devices; stop signs; traffic lights; storm drainage improvements; bike paths; warning signs for walkers and bikers; sidewalks; beautification of swales; and a portable defibrillator. George Jason, 4549 SW 371h Avenue, wanted to bring to the Commission's attention an issue that is going on in the City. A traffic light is being installed on Griffin Road and I-95, at the east bound Griffin Road and north bound exit off of I-95. The new lights are almost against the overpass and it is difficult to see them. He is going to contact the highway department because it is a major safety issue and the City should be concerned about this. He indicated something needs to be done before someone is injured. Jay Field reported he and Commissioner Anton spent all day at the County Commission meeting. They are going ahead with a study to do away with some of the restrictions on operations at the airport. He indicated we may have airplanes flying over northeast Dania Beach from use of the crosswind runway. He does not think there is anything we can do about it; they are going to try and speed up the environmental impact statement for the south runway project. They are also • going to build five more gates for the cruise ship passengers, and the aviation department is saying this will not increase operations. He commended County Commissioner Rodstrom and Commissioner Gunsberger for voting no on the proposal. He noted there are new waterfront homes being built in his neighborhood and if the runway was not here the homes would be worth a lot more and Dania's tax base would be better. He remarked people need to understand that this could get really bad. Mayor Castro thanked Commissioner Anton for being the Commission representative on airport issues. Joe Van Eton advised last week was National Tourism Week. He noted Broward County celebrated with a Tourism Appreciation Day and the Mayor, Commissioner Anton, and several members of City staff attended. He read a letter Mayor Castro wrote to the Greater Fort Lauderdale Convention and Visitors Bureau, and presented a copy of it to the Commission. He thanked everyone for attending the event last week and for their continued support. The Commission heard Item #9.2 and Item #9.3 after Citizen Input. Item #7, Consent Agenda, was heard after Item #9.3. 7. Consent Agenda 7.1 Minutes: Approve minutes for Workshop Meeting of April 28, 2005 Approve minutes for Regular Meeting of May 10, 2005 Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,May 24,2005—7:00 p.m. • 7.2 Travel Requests: Travel request of Vice-Mayor Patricia Flury to attend the 2005 Summer National Council of Legislators from Gaming States meeting in New Orleans, Louisiana, from June 3-5, 2005. (Estimated cost $942) Travel request of City Manager Ivan Pato to attend the 2005 Summer National Council of Legislators from Gaming States meeting in New Orleans, Louisiana, from June 3-6, 2005. (Estimated cost $1,388) Travel request of Mayor Anne Castro to attend the Institute for Elected Municipal Officials in Lake Mary, Florida, from June 3-5, 2005. (Estimated cost$635) Resolutions 7.3 RESOLUTION#2005-067 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING RESOLUTION NO. 2004-165, PERTAINING TO COMPENSATION ESTABLISHED FOR THE MAYOR AND CITY COMMISSIONERS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.4 RESOLUTION#2005-082 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A DECLARATION OF RESTRICTIVE COVENANTS ON BEHALF OF THE CITY, WITH FLORIDA COMMUNITIES TRUST AND BROWARD COUNTY RELATED TO THE ACQUISISTION OF AND IMPROVEMENTS TO BROWARD COUNTY GREEN SPACE SITE NUMBER 449, CONSISTING OF 4.71 ACRES, LOCATED NORTH OF THE INTERSECTION OF SW 45T11 STREET AND SW 25T"AVENUE, AND ACROSS FROM "BOATERS' PARK", IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION#2005-084 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND THE DANIA BEACH GENERAL EMPLOYEES ASSOCIATION, AFSCME LOCAL 3535 AFL- CIO, COVERING THE PERIOD MAY 24, 2005 THROUGH SEPTEMBER 30, 2007; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION#2005-089 - Withdrawn A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, ESTABLISHING FEES FOR ENTRY INTO THE PATRICK J. MELI AQUATIC COMPLEX; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday,May 24, 2005—7:00 p.m. 7.7 RESOLUTION#2005-090-Corrected Title A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO CONTRACT FOR THE PURCHASE OF SUPPLIES, SERVICES, EQUIPMENT AND MATERIALS FROM THE BROWARD SHERIFF'S OFFICE, DEPARTMENT OF FIRE-RESCUE, IN AN AMOUNT NOT TO EXCEED $30,000.00 FOR FISCAL YEAR 2004-2005, FOR THE PURCHASE OF MEDICAL SUPPLIES AND PHARMACEUTICALS, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.8 RESOLUTION#2005-091 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO CONTRACT FOR THE PURCHASE OF SUPPLIES,'SERVICES, EQUIPMENT AND MATERIALS FROM MEMORIAL REGIONAL HOSPITAL IN AN AMOUNT NOT TO EXCEED $20,000.00 FOR FISCAL YEAR 2004-2005, FOR THE PURCHASE OF MEDICAL SUPPLIES AND PHARMACEUTICALS, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.9 RESOLUTION 92005-083 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN INTERLOCAL AGREEMENT FOR "GUARANTEED SERVICE BUILDING CODE SERVICES TO BE PERFORMED BY THE BROWARD COUNTY BUILDING CODE SERVICES DIVISION, DEPARTMENT OF URBAN PLANNING AND REDEVELOPMENT"; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. • 7.10 RESOLUTION#2005-086 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA PERTAINING TO THE FDOT DANIA BEACH BOULEVARD ROADWAY IMPROVEMENT PLAN, URGING THE FLORIDA DEPARTMENT OF TRANSPORTATION TO DISCONTINUE ANY PLAN FOR CONVERSION OF EAST DANIA BEACH BOULEVARD FROM ITS PRESENT CONFIGURATION OF SIX(6)LANES TO FOUR (4) LANES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.11 RESOLUTION#2005-092-Withdrawn A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPERTY CITY OFFICIALS TO EXECUTE A WORK ORDER AGREEMENT WITH CALVIN, GIORDANO AND ASSOCIATES FOR THE CONCEPTUAL DESIGN OF STORMWATER IMPROVEMENTS TO ADDRESS FLOODING IN SOUTHEAST DANIA BEACH WITH TIE-INS TO THE FUTURE LINEAR PARK ON SE 5TH AVE AND FDOT PLANS ON US 1; PROVIDING FOR CONFLICTS, FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Vice-Mayor Flury motioned to approve the Consent Agenda, as amended, with the exception of Item #7.6 and Item #7.11, which were withdrawn; 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 6 Dania Beach City Commission Tuesday,May 24, 2005-7:00 p.m. 8. Bids and Requests for Proposals There were no proposals at this meeting. 9. Public Hearings and Site Plans 9.1 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. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2005-014. He advised this was a housekeeping measure to repeal an outdated Ordinance from the 1960's. 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 adopt Ordinance #2005-014, on second reading; seconded • by Commissioner Anton. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Out of Room Mayor Castro Yes Commissioner McElyea Yes 9.2 ORDINANCE #2005-016 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING OF PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF SW 45TH STREET AND SW 30TH AVENUE, DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM R1-C (SINGLE FAMILY RESIDENTIAL) TO RS-6000 (SINGLE FAMILY RESIDENTIAL); SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 9.3 ORDINANCE#2005-015 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE "DANIA BEACH FIRE STATION NO. 93 PLAT", SUCH PROPERTY BEING LOCATED AT THE SOUTHWEST CORNER OF SW 45TH STREET AND SW 30TH AVENUE, DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR • AN EFFECTIVE DATE. (FIRST READING) Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,May 24,2005—7:00 p.m. City Attorney Ansbro read the title of Ordinance #2005-015 and Ordinance #2005-016. He advised these were quasi-judicial hearings and swore-in all who would speak. He asked the Commission to disclose any communication they may have had on the matter. Mayor Castro noted she received an email and will meet with a citizen on Thursday. City Attorney Ansbro advised the Land Use Plan has already been changed to accommodate this rezoning change. The rezoning would make the use consistent with the Land Use Plan; the Plat is drawing a line around the property that the City acquired in 1997-1998 and getting County approval. He stated this is the first reading and indicated the second reading would be on June 14, 2005. The Site Plan will be submitted to the Planning & Zoning Board and City Commission at some future date; tonight is only the rezoning and the plat. The rezoning would not be effective until the second reading. Laurence Leeds, Director of Community Development, reported he was at the Planning & Zoning Board hearing and a lot of the questions related to the Site Plan, which is not ready. He stated he would not bring the rezoning back for second reading, nor would he bring the Special Exception relating to the use of the property as a Fire Station until the Site Plan is ready. He noted the Site Plan would be submitted to the Planning & Zoning Board first, and at the same time he will recommend that the Fire Department set up a special community meeting to address the concerns of the neighborhood. The second reading for the Plat will be in two weeks so that we may forward it to the County. City Attorney Ansbro cautioned since we do not have a time definite for the second reading of the rezoning Ordinance, we may have to start from scratch in the future because too much time may pass between the first and second hearings. Commissioner Bertino motioned to withdraw Ordinance #2005-016; 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 Mayor Castro opened the Public Hearing. Susan Coryell, 3040 SW 45th Street, remarked she lives in a neighborhood that has been under assault from the Fire Department for six years. She thanked Mayor Castro for holding a meeting with the neighbors. She noted no one in the neighborhood was notified about tonight's public hearing and only found out because a reporter telephoned. She indicated she was not told about the plan six years ago. Commissioner Bertino asked if tonight's hearing was properly noticed. • City Attorney Ansbro replied yes. Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,May 24,2005—7:00 p.m. • Miranda Coryell, 3040 SW 45th Street, stated she needs to sleep and will be cranky and do bad in school because Fire trucks are noisy. She asked they not be placed outside her bedroom. Robert Donovan, 4610 SW 30th Way, questioned why we were talking about zoning changes that could only negatively impact the neighborhood. He remarked we would probably get the Fire Station, but it won't be for a few more years. Clair Donovan, 4610 SW 30th Way, presented a letter to the Commission and offered a compromise. She indicated she spoke for the whole neighborhood when she said they would prefer the Fire Station not be built on this parcel. She commented if the Fire Station would be on less than one acre, and is sited at the northern quadrant of the property and designed to minimize its impact on the neighborhood, she asked the City to designate the remainder of the property inviolate and permanently protect it from development. This would insure fire service to the west part of Dania Beach and give Avon Park residents what they need to maintain the value of their properties and the character of the neighborhood. Keith O'Brien, 4520 SW 30th Way, commented he opposes the plan moving forward. He is concerned because we currently have a lot of air traffic noise, which is manageable. He questioned how the Fire Station would be able to handle emergency situations with air traffic getting increasingly worse. He indicated the traffic on SW 30th Way at rush hour is backed up to the bridge. He proposed the parcel of land be offered back to the property owners at a fair market value. If the Fire House does go through, keep it as far away from the community as possible, and also protect the trees along the back yards as much as possible. He questioned if 12,000 square feet was really necessary; he remarked smaller is better than bigger for the community. He indicated the BSO substation could be located anywhere in the City. Jay Field commented this is not the place for a Fire Station because there will come a time when you will not be able to hear conversations on any type of communication during air traffic. He indicated that area would become more affected even if the runway is not extended. Costs will continue to rise and the building will need to be sound proofed. He suggested selling the property for residential development. He remarked airport noise would compromise the effectiveness and safety of the operation. Seeing as there was no one else to speak in favor or opposition, Mayor Castro closed the Public Hearing. Mr. Leeds commented the Plat is a boundary survey; it does not give any rights or change the zoning. He would like to move forward in order to have questions answered by the County. Vice-Mayor Flury motioned to approve Ordinance #2005-015, 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 9 Dania Beach City Commission Tuesday,May 24,2005—7:00 p.m. The Commission returned to Item #7, Consent Agenda, and the remainder of the agenda. Item #9.4 was heard after Item #9.1. 9.4 RESOLUTION#2005-087 A RESOLUTION OF THE CITY OF DANIA BEACH,APPROVING THE VARIANCE REQUEST SUBMITTED BY JODY OBERHOLZTER, REPRESENTING 84 COMMERCE CENTER, INC., FROM CHAPTER 28 "ZONING", ARTICLE 18, "INDUSTRIAL RESEARCH OFFICE MARINE ZONING DISTRICT", FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF SE 23RD TERRACE AND STATE ROAD 84, DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 9.5 RESOLUTION#2005-088 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY JODY OBERHOLTZER, REPRESENTING 84 COMMERCE CENTER, INC., FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF SW 23RD TERRACE AND STATE ROAD 84, DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2005-087 and Resolution #2005-088. He advised these were quasi-judicial matters and swore-in all who would speak. He asked the Commission to disclose any communication they may have had on this matter. Laurence Leeds, Director of Community Development, reported this was the same site plan that was approved by the Commission over two years ago. He explained site plans are only valid for eighteen months then the applicant has to resubmit and get it reactivated. The building placement is the same as the original site plan approved in 2002. He recommended approval subject to the same conditions that occurred in 2002. The building is office/warehouse with separate bays, overhead doors and a separate office. Iraj Shoj ale, Architect for the project, noted he was available to answer questions with his client. 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 questioned the concerns expressed in the letter from Anglers Marine Service. He is concerned about the public safety issue. Mr. Leeds responded there are no obstructions on the corner setback. If you follow the roadway it is the on-ramp to southbound 1-95; Anglers Marine is concerned because of the speed of the oncoming traffic that he will not be able to pull a vehicle and boat out in time. Commissioner Anton understands the Marina's concern about the view. He acknowledged that traffic was heavy, especially during the morning and evening hours. He does not want to create an undue hardship on an already existing business. He questioned the reduction of the pervious area because there are serious flooding issues in that area. Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,May 24,2005—7:00 p.m. Mr. Leeds responded the street has a flooding issue. The applicant will have to retain his onsite drainage; however, he is not required to address the street flooding issue. The road is not properly designed and may still have flooding. Commissioner Anton suggested the applicant could work with us to help address the drainage issue. City Manager Pato remarked he looked at the site and he does not see a problem. The problem only exists if you have a big boat and have to travel across two lanes of traffic. Vice-Mayor Flury motioned to approve Resolution #2005-087, with staff recommendations; seconded by Commissioner Anton. The motion carried on the following 3-2 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Betino No Mayor Castro Yes Commissioner McElyea No Commissioner Anton motioned to approve Resolution #2005-088, with staff recommendations; seconded by Vice-Mayor Flury. 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 10. Commission Comments 10.1 Commissioner Anton Commissioner Anton noted he attended the County Commission meeting today and several items addressed Airport issues. He commented they are paying the consultants $5.9M to design Concourse A; this was approved unanimously by the Commission. The County is intending to delete Concourse A from the Project Scope of the EIS and submit a draft environmental assessment report in lieu of keeping it in the EIS. They expect to have the drawings by late 2006, and construction completed by late 2007-2008. They are adding five additional gates which they say will not have any adverse affect on the general operation of the Airport. The County Commission voted 5-2 to continue with the plan, with Commissioners Rodstrom and Gunsberger voting no. They also had a Memorandum of Agreement for Interagency Stewardship and Streamlining the EIS, which was approved unanimously. If they are successful in streamlining the EIS process and getting a record of decision, the runway could be operational by 2012. He remarked we need to keep a close watch on what they are doing and continue to send emails and calls in opposition. He thinks the FAA has the authority to force the County to lift the restrictions on the south runway and the crosswind runway. He noted they unanimously passed a resolution looking to study different ways to solve the issues with the flight delays Minutes of Regular Meeting 11 Dania Beach City Comnnission Tuesday,May 24,2005—7:00 p.m. • without lifting the restrictions. He advised the County also approved a motion to move forward with the Leigh Fisher Contract for the completion of the Part 150 Noise Compatibility Study. 10.2 Commissioner Bertino Commissioner Bertino asked when the Frost Park facility would be opened to the public. Kristen Jones, Director of Parks and Recreation, responded it is open every day. She advised the cardio equipment was just delivered for the exercise program; there is a Pool Table; and a Ping Pong Table is being delivered. An Activity Card is required to use the facility; the summertime hours are 9:00 a.m.-9:00 p.m. weekdays, and 9:00 a.m.-5:00 p.m. on weekends. Commissioner Bertino questioned if we had a Lightning Alarm System at all of our individual playing fields in the City. Because we do not have them, he suggested installing them at the parks in order to protect the children. 10.3 Commissioner McElyea Commissioner McElyea questioned Pole Sign removals because businesses are suffering along Federal Highway, and the vendors are using Sandwich Signs. He remarked he called the Tree Lady and she did not return his calls. City Manager Pato explained the Commission changed the Sign Ordinance years ago and we are now moving into the compliance phase. Laurence Leeds, Director of Community Development, advised in 1988 companies were given five years to comply with the removal of Pole Signs, and in 2004 the Commission told him to move forward, which he is doing. He indicated he spoke with the landlord of the shopping plaza today and told him the City would work with him because the tenants have the basis of a legal hardship for a variance. He noted the City has not made an issue of the Sandwich Signs because they know there is a problem, but they are doing everything according to Code. The problem with this shopping center has been an unresponsive landlord. He remarked the tenants can fill out the application and pay the fee; however the landlord needs to sign the application. Mayor Castro advised Ms. McLeod, the Tree Lady, was very ill for two weeks and is just getting back into the job. Mr. Leeds commented she had surgery and could not speak. City Manager Pato reminded the Commission that we have been responsive to individual complaints and have met with individuals to discuss their concerns. 10.4 Vice-Mayor Flury Vice-Mayor Flury had no comments. • Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,May 24,2005—7:00 p.m. 10.5 Mayor Castro Mayor Castro asked for a motion to waive the fees at I.T. Parker for the Firefighters loth Annual Dolphin Derby. Commissioner Bertino motioned to waive the fees at the I.T. Parker Center for the Firefighters loth Annual 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. Discussion and Possible Action 11.1 RESOLUTION#2005-085 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, CREATING THE NEIGHBORHOOD IMPROVEMENTS ADVISORY BOARD; PROVIDING FOR THE APPOINTMENT AND TERMS OF MEMBERS, AS WELL AS DUTIES AND RESPONSIBILITIES; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution 42005-085. Mayor Castro remarked she proposed this Resolution to handle the Neighborhood Improvements Bond Referendum. She thinks there is a lot of confusion with this issue; during the Bond presentations it was discussed that it was sidewalks, lighting, and traffic calming devices. She understands that some neighborhoods have had studies done, but there are some that haven't. She wants to make sure we listen to everyone in the City, and hopefully this Board would have the task of going out to the communities and collect data and information. She hopes this Board of individuals would go out and educate the community as to what isn't covered in the Bond Referendum. Commissioner Bertino agreed we need citizen input. He does not have a problem with the Board looking at the Library and gathering information about what the citizens think they would like. Vice-Mayor Flury agreed it is a good idea; but does not want the Library included in this issue. The Library discussion should be left for the City Manager because hopefully, the County will participate in a very significant way. She thinks the appointments need to be made by the next Commission meeting, and there needs to be a timeframe for the Committee to submit their recommendations to the City Commission. She would like the information that was mailed out during the Bond Campaign to go with the Resolution, so that the Committee members do not get sidetracked on, unrelated items. She remarked the Commission has received requests for a variety of things that are unrelated to what we told the people. She commented the Committee would have a lot of work to do and would need staff support. Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday,May 24,2005—7:00 p.m. • Vice-Mayor Flury motioned to approve Resolution #2005-085, with her comments; seconded by Commissioner Bertino for discussion. Commissioner Bertino thinks the County should listen to what the people want, and he made a second motion to incorporate the Library into the first motion. Vice-Mayor Flury withdrew her motion. She indicated there are a lot of details to work out with the County, and when those are worked out, then, perhaps that is the time to consider appointing a group to work with the County. Commissioner McElyea agreed with Vice-Mayor Flury. He thinks we are overloading the Board by including the Library. Commissioner Anton indicated the Friends of the Library should be utilized to help out on the Library issue. His understanding is the County has staff that has built Libraries throughout the County. He remarked they are not looking at colors; they are talking about the general structure; they are not concerned about placement of windows or color. He thinks it is premature to move forward on the Library until we know what the County is going to do and we know where we are going to do it. Commissioner Bertino withdrew his motion. Mayor Castro recommended if we establish a Library group it should be a small group, and there are other people who are passionate about this other than the Friends of the Library. She understands that the County is shutting us out of colors and windows on the interior of the building,but we could aesthetically help them with the outside of the building. Vice-Mayor Flury motioned to approve Resolution #2005-085; 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 11.2 Discussion on casual attire for Commission meetings during summer months. Commissioner Anton remarked we live in a tropical climate and he thought there should be a summer dress code for City Staff and the City Commission. He does not recommend the Commissioners wear shorts or t-shirts, but he has no problem with collared shirts and dress slacks. Vice-Mayor Flury remarked we don't have a dress code, so you can wear whatever you want. She is opposed to establishing a dress code, but is not opposed to collared shirts. Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday,May 24, 2005—7:00 p.m. Commissioner McElyea commented years ago Commissioners wore t-shirts and they looked terrible. He remarked the Commission gets an expense account every month and they should look presentable and respectful. 11.3 Discussion on canceling the first meeting in July. Vice-Mayor Flury motioned to cancel the July 12, 2005 City Commission meeting; 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 12. Appointments 12.1 Airport Advisor. Board (15 Members— 3 per Commissioner—2 Year Term) Commissioner Bertino—2 appointments Commissioner.McElyea— 1 appointment Commissioner McElyea appointed Ed Summers. 12.2 Human Relations Board (10 Members—2 per Commissioner—2 Year Term) Commissioner McElyea— 1 appointment Mayor Castro— 1 appointment 12.3 I.T. Parker Community Advisory (5 Members — 1 per Commissioner— 2 Year Term— 1 Alternate) 1 Alternate position 12.4 Marine Advisory Board (15 Members— 3 per Commissioner—2 Year Term) Commissioner Bertino—2 appointments Commissioner Bertino appointed Craig McAdams and Captain John Kafouros. 12.5 Nuisance Abatement Board (5 Regular and 2 Alternate Members — 1 per Commissioner—Alternates by entire Commission—2 Year Term) 2 Alternate positions 12.6 Parks, Recreation and Community Affairs Advisory Board (10 Members — 2 per Commissioner—2 Year Term) Commissioner McElyea—2 appointments Commissioner McElyea appointed Joann Brave. Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday,May 24,2005—7:00 p.m. • 12.7 Unsafe Structures Board (9 Members) 1 Citizen with experience and background in the field of social problems 12.8 Police and Fire Pension Board (9 Members — 3 legal residents, 1 Commissioner, 2 active Firefighters, 2 active Police Officers, 1 person chosen by majority of the Board members which shall be appointed by the Board) Confirmation of Chester (Butch) Bolton as 9th Member chosen by the Board on April 18, 2005 Commissioner Bertino motioned to approve the Board nominations; 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 Mayor Castro advised the Fire and Pension Board would prepare a comparison of possible Pension Plans and present it to the Pension Board in June; then they will bring it in for a workshop with the City Commission. They are doing a study of the existing Pension Plan versus FRS Pension Plan for new employees. Mr. Sugarman and company are preparing presentations to that effect. Vice-Mayor Flury wondered if we could ask them to provide us with their recommendation for a new plan. We need a new plan, and she would be interested in their proposal for a new plan as opposed to just beating up the FRS plan. Mayor Castro will relay the information to the Board. 13. Administrative Reports 13.1 City Manager City Manager Pato reminded the Commission we are beginning the Budget preparation process, and we may be requesting information from the Commission. He reported we have not been successful in obtaining a co-sponsor for the Super Boat Race; but they have begun to fill out the paperwork and we will bring the information forward at the right time. He indicated our July 4th celebration would be held on Saturday, July 2°d. He thanked the Commission for their support on the General Employees Contract; he indicated a meeting is scheduled for June 1st with the Firefighters Union. Hopefully, we will come forward with good news. Mary McDonald, Director of Human Resources and Risk Management, advised she received three pages from the negotiating team; they are Articles we have already discussed and they provided additional feedback. It is not what we would like, but it is progress. • Minutes of Regular Meeting 16 Dania Beach City Commission Tuesday,May 24, 2005—7:00 p.m. 13.2 City Attorney City Attorney Ansbro reported a lawsuit was filed today by all four pari-mutuel facilities in Broward County, including Dania Jai Alai. They have named the State Attorney as the Defendant; and it is a complaint in Broward Circuit Court for a Declaratory Relief and Injunction. He advised he has been working on the sexual offender/predator ordinance with his Law Firm and is waiting for the result of their research. He noted we want to thoroughly analyze the issue so that we do not have to amend it once approved. 13.3 City Clerk—Reminders Wednesday, May 25, 2005 —2:00 p.m. —Impact Fee Workshop Tuesday, June 14, 2005 —7:00 p.m. —Regular Meeting Tuesday, June 28, 2005 —7:00 p.m. —Regular Meeting CI I? Workshop—still looking for dates from the Commission 14. Adjournment Mayor Castro adjourned the meeting at 9:58 p.m. CITY OF DANIA BEACH ATTEST: ANNE CASTRO MAYOR-COMMISSIONER LOUISE STILSON CITY CLERK Approved: June 14, 2005 • Minutes of Regular Meeting 17 Dania Beach City Commission Tuesday,May 24,2005—7:00 p.m.