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HomeMy WebLinkAbout2005-06-28 Regular City Commission Meeting Minutes MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, JUNE 28, 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 Mayor Castro 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 City Manager Pato introduced Dominic Orlando, the new Public Services Director. Mr. Orlando has 30 years of engineering experience and is a P.E. licensed in the states of South Carolina, New York and Florida. City Manager Pato commented on the article in the June 241h Sun Sentinel concerning a Supreme Court decision on Eminent Domain and some rights that will be affected by this decision. For the record, he clarified that he did not express joy over the ruling. He indicated he never spoke to the people who wrote the story; he did say that the City would only use Eminent Domain as a last resort and that he hoped the City would never have to use it. He further said that unless we expand the City's tax base and improve our ad valorem tax base, our residents are facing rising taxes on their property. On a personal note he commented as a citizen of this country, he could find nothing more offensive than to have someone take his personal property for somebody else's private gain. He thinks it is un-American and they would have to fight him all the way to the graveyard if somebody tried to do that to his house. 4. Presentations and Special Event Approvals 4.1 July 4th Celebration—Kristen Jones, Director of Parks and Recreation Kristen Jones, Director of Parks and Recreation, reminded everyone of the 41h of July celebration to be held on Saturday, July 2, 2005 from noon until 9:00 p.m. She complimented her management team, Connie Falzone, Frank Crandon, and the Commission for their support on this event. Shane LeMar, Event Producer, advised the Commission of the performers for the event and the spectacular fireworks display. Speaking as a representative for the Chamber of Commerce, he commended the Commission for celebrating Americans, as well as America, on the 4`h of July. He noted that last year the City presented a Key to the City to former City resident Eddie Cornelius, of Cornelius Brother and Sister Rose, which was the high point of his career. This year we, and other cities, are supporting and honoring returning members of the Armed Forces. Mayor Castro commended Kristen Jones and the Parks and Recreation Department for all the work they do. 4.2 Presentation to Frank Crandon for Outstanding Contributor, 2005 —Mary McDonald, Director of Human Resources and Risk Management Larry Leeds, Director of Community Development, presented a plaque to Frank Crandon, Chief Electrical Inspector, for his outstanding work for the City. Mr. Crandon has been with the City for five years and has been an invaluable asset during hurricanes and storms. He has also helped the Public Services Department with their electrical issues, and in maintaining the electrical infrastructure of our public facilities. Frank Crandon commented he handles the Electrical Department on his own, and thanked Connie Falzone for recommending him for this award. Commissioner McElyea commented Mr. Crandon is the best Electrical Inspector we have had in years. 4.3 Presentation of "Blue Wave Award" by the Fire-Rescue and Marine Safety Department Javier Canut, Marine Safety Lieutenant, discussed the award they received from the Clean Beaches Council and what they represent. The Blue Wave Award is America's first national environmental beach certification program which is a voluntary annual certification program judging two classes of applicant beaches, rural and resort. He noted all the rescues and training they performed last year. Dania Beach has won this award every year since 1999. The award is a concerted effort of the Public Services Department and Fire Rescue and Marine Safety. Mayor Castro noted the article in the newspaper indicated that cities pay for this award. She assured the residents of Dania Beach that the City of does not pay for this award. Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday, June 28,2005—7:00 p.m. 4.4 Special request by Keith O'Brien to remove two existing Black Olive trees located in the front yard of 4520 SW 30th Way (private property) - Community Development Director Laurence Leeds, Director of Community Development, advised the Zoning Code provides the Commission with the authority to approve removal of any hardwood tree that is over eighteen inches in caliper, regardless of species. He noted both trees are over eighteen inches in caliper, and our Tree Consultant has no objection and recommended replacement with a Live Oak measuring sixteen feet in height, three inches in caliper; and a second flowering tree to be determined by her, to be planted within sixty days. Mr. O'Brien was present and agreed to the recommendation. Commissioner McElyea motioned to approve the request of Keith O'Brien to remove two Black Olive 'frees; 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 5. Proclamations 5.1 Dan Marino Foundation Day Mayor Castro read the Proclamation for Dan Marino Foundation Day. She noted the Fire Fighter's 1Oth Annual Dolphin Derby benefits the Dan Marino Foundation. She advised the proclamation and a Key to the City would be presented during the Derby. She thanked Christy Blocker of the Fire Department for writing the proclamation, and Tim Quigley, Dania Beach Firefigher, for all his help on this event. 6. Citizen Comments Kim Lasky-Mascola, 1118 SE 5th Court, Dania Beach, commented she owns a Bassett Hound who enjoys both indoors and outdoors. She noted she is restricted in her movement and cannot walk him as much as he needs, and does not think she should be punished for having her dog outside under supervision. She commented the Sheridan Ocean Club has a situation with a thirteen foot crocodile and they have not been able to get it removed. She asked the Commission to take these issues into consideration when voting on the Ordinance. Mayor Castro clarified the Ordinance does not apply to dogs that are attended while they are tied. She asked the City Manager to contact someone to remove the crocodile. Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,June 28,2005—7:00 p.m. . Rae Sandler, President of the Melaleuca Gardens Homeowners Association, spoke regarding the Supreme Court's Eminent Domain decision. She asked the Commission what they would do to protect the citizens from this ruling. She indicated no one in Dania is immune to redevelopment or having their property taken. She asked the Commission to insure that this Commission, as well as future Commissions, did not have a free hand to abuse Eminent Domain. Lisa Young, Chairperson of the American Cancer Society Relay for Life, advised Dania Beach raised over $30,000 during its first year. Thursday, July 301" will be the First Annual Awards Recognition Ceremony and the 2nd Annual Relay for Life Kickoff at Three's Company beginning at 6:30 p.m. She invited the Commission and the community to attend the celebration. Paolo, owner of Three's Company, commented he is in favor of the Pier Restaurant. He indicated it would be good for the City because it would attract people and other businesses. 7. Consent Agenda Items removed from Consent Agenda: #7.4 and#7.7. 7.1 Minutes: Approve minutes for CIP Workshop of June 9, 2005 Approve minutes for Regular Meeting of June 14, 2005 7.2 Travel Requests: Travel request of Aaron Guest, Javier Carvajal, Monica Marzullo and Kenci Saintil, Fire Department, to attend Advanced Life Support Team Competition in Orlando, Florida, from July 5-7, 2005. (Estimated cost $1,278) Resolutions 7.3 RESOLUTION #2005-092 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER 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. 7.4 RESOLUTION #2005-097 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING EXECUTION OF A WORK ORDER AGREEMENT WITH GERHARDT M. WITT AND ASSOCIATES, INC. FOR THE INSTALLATION OF MONITORING WELLS IN THE CITY'S WELLFIELD TO MONITOR WATER QUALITY CHANGES; PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE. Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday, June 28,2005—7:00 p.m. . City Attorney Ansbro read the title of Resolution#2005-097. Commissioner Bertino questioned if this was put out to bid. Fred Bloetscher advised Gerhardt Witt and Associates is a Hydro-Geo Firm the City has used in the past for its water quality issues. We received a letter from.the Water Management District who wanted an immediate response to some problems in the wellfield; therefore, we asked them to perform the work. Commissioner Bertino noted we have a well driller in the City of Dania Beach who has been drilling wells for a long time and has done a lot of positive things for the City. His name is Bill Brook, and he does an excellent job and is known as an expert in well drilling. He questioned why we didn't use somebody that lives in our City and pays taxes. Mr. Bloetscher responded the real issue is the Geologist involved in the project is in West Palm Beach and needs to supervise it. We are not just looking at a well driller, this is a hydro- geological company with P.G. that is going to sign and seal a set of drawings. He will ask Mr. Witt to investigate Mr. Brook's capabilities. He indicated the type of drilling necessary is reverse air drilling, and he is fairly certain that Mr. Brook cannot do this. Commissioner Bertino motioned to approve Resolution #2005-097, with the understanding that Mr. Brook will be given an opportunity to do the drilling of the wells; seconded by Vice-Mayor Flury. The motion carried on the following 5-0 Roll Call vote: rCommissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes 7.5 RESOLUTION #2005-098 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE NEGOTIATION OF A LOAN IN AN AGGREGATE AMOUNT NOT TO EXCEED $6.8 MILLION FROM THE FLORIDA MUNICIPAL LOAN COUNCIL; APPROVING THE FORM OF AND THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT WITH THE FLORIDA MUNICIPAL LOAN COUNCIL; APPROVING THE EXECUTION AND DELIVERY OF A BOND PURCHASE CONTRACT; APPROVING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE AGREEMENT; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION WITH THE MAKING OF SUCH LOAN, PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION#2005-102 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPOINTING THE LAW FIRM OF MOSKOWITZ, MANDELL, SALIM & SIMOWITZ, P.A., AS SPECIAL COUNSEL TO THE DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY TO PERFORM CERTAIN SERVICES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday,June 28,2005—7:00 p.m. • 7.7 RESOLUTION#2005-103 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AMENDMENT TO THE BUS BENCH ADVERTISING CONTRACT BETWEEN THE CITY AND MARTIN OUTDOOR MEDIA, INC. TO PROVIDE FOR AN EXTENSION OF THE LENGTH OF THE TERM, AN INCREASE IN THE PAYMENTS MADE TO THE CITY AND TO REVISE THE ADVERTISING RESTRICTIONS PERTAINING TO PERMITTED ADVERTISING COLORS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2005-103. Commissioner Bertino asked if we had an agreement or contract for bus shelters. City Manager Pato responded we do not. He does not believe Martin Outdoor Media does bus shelters, and he is not close to dealing with this issue. When he is, he will review all options. Scott Martin, Martin Outdoor Media, noted they have one contract for bus shelters in North Miami Beach, but they generally concentrate on bus bench advertising. They are capable of providing bus shelters, but they generally try to concentrate on bus benches. Commissioner Bertino motioned to approve Resolution #2005-103; 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 Ordinances (Titles read by City Attorney) 7.8 ORDINANCE #2005-018 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA,AMENDING CHAPTER 13,"HEALTH AND SANITATION", ARTICLE II, "SANITARY NUISANCES", DIVISION 1, "GENERALLY", SECTION 13-32, CURRENTLY ENTITLED "RESPONSIBILITY OF OWNERS TO MAINTAIN VACANT PROPERTY", TO CLARIFY THE RESPONSIBILITY OF OWNERS TO MAINTAIN BOTH IMPROVED AND VACANT PROPERTY AND TO REVISE THE CHARGES IMPOSED BY THE CITY FOR CLEARING OF IMPROVED PROPERTY AND VACANT LOTS WHEN PROPERTY OWNERS FAIL TO DO SO VOLUNTARILY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.9 ORDINANCE #2005-025 AN ORDINANCE AMENDING CHAPTER 13, "HEALTH AND SANITATION", ARTICLE IV, "GARBAGE AND TRASH", SECTION 13-74, "GARBAGE COLLECTION BY PRIVATE HAULERS, PERMITS REQUIRED", OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, TO REQUIRE EMPTY GARBAGE CARTS AND OTHER RECEPTACLES TO BE REMOVED FROM RIGHTS- OF-WAY AND THE FRONT YARDS OF RESIDENTIAL PROPERTY BY DUSK ON THE DAY OF GARBAGE AND TRASH PICK-UP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Minutes of Regular Meeting Dania Beach City Commission Tuesday, June 28,2005—7:00 p.m. ® 7.10 ORDINANCE#2005-026 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 5 OF THE CITY CODE OF ORDINANCES ENTITLED, "ANIMALS AND FOWL", SECTION 5-15, ENTITLED "DOGS AT LARGE PROHIBITED"; TO PROHIBIT THE OUTDOOR TETHERING, TYING OR CHAINING OF DOGS BETWEEN THE HOURS OF 9:00 AM AND 6:00 PM OF ANY DAY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Commissioner Anton motioned to approve the Consent Agenda, with the exception of Item #7.4 and Item #7.7; 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 Addendum 8.1 RESOLUTION#2005-104 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH COASTAL CONTRACTING AND DEVELOPMENT FOR CONSTRUCTION OF THE CITY PIER RESTAURANT AND BAIT SHOP IN AN AMOUNT NOT TO EXCEED $1,371,480.00, INCLUDING CHANGE ORDER NOT EXCEEDING A TOTAL OF $124,680.00 (10%); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read title of Resolution#2005-104. Bonnie Temchuk, Assistant to the City Manager, advised Coastal Contracting and Development was the lowest bidder in response to the City's RFP. Staff recommends awarding the bid because of Coastal Contracting and Development's good track record with the City and because they are the lowest bidder. Mayor Castro invited public comment. Vice-Mayor Flury motioned to approve Resolution #2005-104; seconded by Commissioner Anton. Commissioner Bertino asked if we had the funds. City Manager Pato responded it would require the City to borrow an additional $550,000. i Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,June 28,2005—7:00 p.m. • Commissioner Bertino noted if we do not proceed with construction our permits will be lost and we would never be able to build a restaurant on the pier. He is not happy with the additional $550,000. Commissioner Anton remarked he is not happy with the additional $550,000 either, but this is a one shot chance because there will not be any more approvals from the State. He noted it will take a significant revenue stream from the lessee in order to reimburse the City through the rent for the costs. Commissioner McElyea noted he is opposed to the nature of this restaurant, and does not think it will be successful. Commissioner Bertino remarked another problem the public should know is that the City entered into a contract with the restaurant purveyor who has since sold his business, which would leave the City open to a lawsuit if we did not move forward with the restaurant. Vice-Mayor Flury remarked no one is happy with the increase in costs; however, costs are rising on a monthly basis. It is important that in future budgets, we need to have a schedule where we automatically insert a reasonable percentage of increase throughout the year. 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. Public Hearings and Site Plans 9.1 ORDINANCE #2005-017 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 23, "TAXATION", ARTICLE VI, "SERVICE CHARGES FOR PROCESSING LIEN INFORMATION", SECTION 23-67, "CHARGES FOR PREPARING AND RECORDING LIENS AND LIEN SATISFACTIONS" TO REVISE THE FEES PAYABLE TO THE CITY FOR SUCH SERVICES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2005-017. 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 Ordinance #2005-017, 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 Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,June 28,2005—7:00 p.m. Commissioner McElyea Yes Item #9.3 was heard after Item #9.1 to allow Mr. Ron Book an opportunity to arrive and speak on Item #9.2. Item #9.2 was heard after Item #9.4. 9.2 ORDINANCE #2005-023 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, ENTITLED "OFFENSES - MISCELLANEOUS", TO ESTABLISH ARTICLE VIII ENTITLED "SEXUAL VIOLATOR"; ESTABLISHING SECTION 17-128, ENTITLED "SEXUAL VIOLATOR RESIDENCY PROHIBITION," TO PROHIBIT CONVICTED SEXUAL VIOLATORS FROM RESIDING WITHIN 2,500 FEET OF SPECIFIED LOCATIONS WITHIN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2005-023. He advised of and distributed a revision which includes a new clause that identifies the recidivism repeat offense rate of people who have been convicted of these crimes. Mayor Castro opened the Public Hearing. Ronald Book, 10711 Hawks Vista Street, Plantation, Florida, noted that he appreciated the . Commission waiting for him to arrive before discussing the Ordinance. He stated this Ordinance protects the health, welfare and safety of the community, and assures the public of what the Constitution says. He thanked the Commission for making the community safer for children. Lauren Book, 10711 Hawks Vista Street, Plantation, Florida, thanked the Commission for the Ordinance. She noted she was a victim, and felt it was her duty and obligation to thank the Commission and urge them to continue to protect children in the City of Dania Beach. Seeing as there was no one else to speak in favor or opposition, Mayor Castro closed the Public Hearing. Commissioner McElyea motioned to approve Ordinance #2005-023, with revision, 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 Item #9.S was heard after Item #9.2. Item #9.3 was heard after Item #9.1. • 9.3 ORDINANCE #2005-021 Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,June 28,2005—7:00 p.m. 0 AN ORDINANCE AMENDING CHAPTER 28, "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY CREATING ARTICLE 19, "RESIDENTIAL OFFICE (RO) DISTRICT"; AMENDING ARTICLE 3, "ESTABLISHMENT AND DEFINITIONS OF DISTRICTS," SECTION 3.10 "ESTABLISHMENT OF DISTRICTS," TO REVISE THE SCHEDULE OF DISTRICTS TO INCLUDE THE RESIDENTIAL OFFICE (RO) DISTRICT; AMENDING ARTICLE 4. "DISTRICT REGULATIONS," SECTION 4.20, "APPLICATION OF REGULATIONS" TO REVISE THE "SCHEDULE OF USE REGULATIONS" TO INCLUDE THE RESIDENTIAL OFFICE (RO) DISTRICT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance 42005-021. Laurence Leeds, Director of Community Development, advised this zoning district was requested by the Commission and is designed for areas along major roads that were previously utilized for homes and apartments. The Ordinance has been changed since the first reading to require a solid six foot masonry wall along the entire length of the property line that abuts the alley. Mayor Castro opened the Public Hearing. Jimmy Crimminger, 137-245 SW 15t' Street, Dania Beach, commented the wall would be acceptable to those who would be living behind these businesses. He questioned if landscaping along Sheridan Street could be continued all the way to I-95 so that it would be as beautiful as Federal Highway to the beaches. • Teddy Bohanan commented if we do this to Sheridan Street, please do not let it develop into a hodgepodge of offices. Faye Bartelmes, 214 SW 2nd Terrace, Dania Beach, told the Commission to look behind the Family Dollar store to see what it would look like if a wall was not installed. Seeing as there was no one else to speak in favor or opposition, Mayor Castro closed the Public Hearing. Commissioner Bertino clarified the Ordinance provides for a wall. He questioned if the wall could be waived by the Commission. City Attorney Ansbro responded a wall could be waived by the Commission by the variance process. Mr. Leeds commented it is a policy decision for the Commission to decide. He pointed out there are two homes under construction and are not required to have a wall because they are under the current zoning and are Single Family Homes. He indicated the Commission may want the option of granting a variance in the future and should leave the option in the Ordinance. Vice-Mayor Flury motioned to approve Ordinance #2005-021, on second reading; seconded • by Commissioner McElyea. The motion carried on the following 5-0 Roll Call vote: Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,June 28,2005—7:00 p.m. • Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes 9.4 ORDINANCE #2005-024 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA PERTAINING TO ZONING; AMENDING CHAPTER 28, "ZONING", OF THE CITY CODE OF ORDINANCES BY AMENDING ARTICLE 6, "SUPPLEMENTARY USE REGULATIONS", AMENDING SECTION 6.21, "OFF-STREET PARKING," TO REVISE THE PARKING REQUIREMENTS APPLICABLE TO CERTAIN RESIDENTIAL HOUSING, INCLUDING SINGLE-FAMILY AND TWO-FAMILY (DUPLEX) UNITS, MULTI-FAMILY HOUSING (INCLUDING LOFTS, EFFICIENCIES AND STUDIO APARTMENTS),TOWNHOUSES AND ROW HOUSES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2005-024. Laurence Leeds, Director of Community Development, advised he just received information from the Public Services Director on alternative surfaces that can be used for Single Family Homes that allows drainage. He suggested the Commission approve the Ordinance subject to the provision that for Single Family Homes, an alternative pavement treatment could be approved by the Public Services Director. Mayor Castro opened the Public Hearing. ® Bob Mikes suggested a variance requirement for the pervious area; otherwise developers would try to install additional parking. Seeing as there was no one else to speak in favor or opposition, Mayor Castro closed the Public Hearing. Commissioner Anton commented he has received many complaints throughout the City about parking problems. He noted this would be advantageous to the City and the homeowners because it would keep their property values up. He does not have a problem with pavers as long as it is controlled. Mr. Leeds responded pavers would only be allowed for Single Family Homes; not apartments, townhouses, or any commercial uses. Commissioner Anton asked if we could limit this to existing homes versus new homes so that developers do not have the option without going through a variance. Mr. Leeds responded yes, and indicated he thought it was a good idea. Commissioner Anton motioned to approve Ordinance 42005-024, with the amendment for the allowance and the permission to use the pervious parking materials for existing Single • Family Homes, with the approval of the Public Services Director, on second reading; seconded by Vice-Mayor Flury. The motion carried on the following 5-0 Roll Call vote: Minutes of Regular Meeting 1 1 Dania Beach City Commission Tuesday,June 28,2005—7:00 p.m. • Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes Item #9.2 was heard after Item #9.4. Item #9.S was heard after Item #9.2. 9.5 ORDINANCE #2005-019 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA PERTAINING TO ZONING; AMENDING CHAPTER 28, "ZONING", OF THE CITY CODE OF ORDINANCES BY CREATING ARTICLE 20, "PLANNED RESIDENTIAL DEVELOPMENT (PRD-1)", AMENDING ARTICLE 3, "ESTABLISHMENT AND DEFINITIONS OF DISTRICTS," SECTION 3.10, "ESTABLISHMENT OF DISTRICTS," TO REVISE THE SCHEDULE OF DISTRICTS TO INCLUDE THE PLANNED RESIDENTIAL DEVELOPMENT (PRD-1) DISTRICT; AMENDING ARTICLE 4. "DISTRICT REGULATIONS," SECTION 4.20, "APPLICATION OF REGULATIONS TO REVISE THE "SCHEDULE OF USE REGULATIONS" TO INCLUDE THE PLANNED RESIDENTIAL DEVELOPMENT (PRD-1) DISTRICT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2005-019, Laurence Leeds, Director of Community Development, advised most current development is • comprised of small infill parcels, and our current Zoning Code is not set up to address those types of properties. This Ordinance does not change or lower any of our standards; it gives the Commission the flexibility to modify the standards based on the uniqueness of the site and its location, and is designed for small parcels of one to five acres. 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 #2005-019, on second 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 9.6 ORDINANCE #2005-020 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA PERTAINING TO ZONING; AMENDING CHAPTER 28, "ZONING", OF THE CITY CODE OF ORDINANCES BY AMENDING ARTICLE 6, "SUPPLEMENTARY USE REGULATIONS", SECTION 6.12, "SWIMMING POOLS," TO CLARIFY REGULATIONS PERTAINING TO SWIMMING POOLS AND TO ADD NEW REGULATIONS PERTAINING TO POOL DECKS; AMENDING SECTION 6.16, "HOME OCCUPATIONS TO REVISE REGULATIONS • RELATING TO "HOME OFFICES"; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,June 28,2005—7:00 p.m. City Attorney Ansbro read the title of Ordinance #2005-020. Laurence Leeds, Director of Community Development, advised these two Ordinances clarify existing provisions in the Zoning Code. He indicated this is intended to deal with the situation of pools and pool patios that take up the entire rear yard and leave no perimeter areas for drainage. Home Offices are currently permitted in residential areas as a Home Occupation; this adds additional conditions so they do not involve into something more intense. 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 if the homeowner right to go out ten percent on waterfront properties with a canal would be considered part of the five foot range. Mr. Leeds responded the Code currently only allows five feet of pavement from the bulkhead line; the rest has to be grass or landscaping. This will inhibit the size of the pool and the pool enclosure because this means the pool patio has to be set back five feet. If you want to create an exception for canal lots it could be added as a provision. Commissioner Bertino remarked pools increase property values and the tax base. He would like to see a provision for large pools for canal homes. Mr. Leeds responded the suggestion is appropriate; but our biggest problem with drainage is when we have homeowners whose rear yards abut other properties. Commissioner Bertino motioned to approve Ordinance#2005-020,with an exception for lot lines that abut a canal or waterway, on second reading; 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 City Attorney Ansbro advised the remainder of the Public Hearings were quasi-judicial matters and swore in all who would speak. He asked the Commission to disclose if they had been approached by anyone. 9.7 RESOLUTION#2005-099 A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST BY LEONID SHUTOV, OWNER OF GOLDEN KEY PLAZA, INC., FROM CHAPTER 28, "ZONING", ARTICLE 28, "SIGNS", FOR PROPERTY GENERALLY LOCATED AT 801-833 SOUTH FEDERAL HIGHWAY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2005-099. Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday, June 28,2005—7:00 p.m. Corinne Church, City Planner, noted the applicant was not present and requested a continuance until Tuesday, July 26, 2005. Commissioner McElyea motioned to continue Resolution #2005-099 until Tuesday, July 26, 2005, at 7:00 p.m.; seconded by Vice-Mayor Flury. The motion carried on the following 4- 0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Out of the room Mayor Castro Yes Commissioner McElyea Yes 9.8 RESOLUTION #2005-100 A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY THE LAW FIRM OF BILZIN, SUMBERG, BAENA, PRICE & AXELROD, LLP. ON BEHALF OF THE PROPERTY OWNER, REGIONS FINANCIAL CORPORATION, FROM CHAPTER 28, "ZONING", ARTICLE 28, "SIGNS", FOR PROPERTY LOCATED AT 499 SHERIDAN STREET, DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2005-100. Carter McDowell advised Union Planters and Region Bank merged together and need to change the signs on the building. Currently the signs are on three sides of the building, east, west and south. The new signs would be smaller than what is currently installed on the building. He indicated staff recommends approval of the east and west signs only. He noted the south sign is important because the trees along the roadway are large and the signs are not seen unless someone stops at the light. He asked the Commission to consider approval of all three signs. Corinne Church, City Planner, noted the building is currently zoned commercial with multiple tenants. The request if for three signs and City Code allows two; each sign is fifty-four square feet and City Code allows forty-four square feet on the south elevation, and twenty-three and a half square feet on the east side; no signage is allowed on the west side. She noted the applicant is also permitted a thirty-six square foot monument sign which will be located on Sheridan Street and has received a Building Permit. Staff recommends approval of the east and west signs because they would be seen by motorists; in addition, staff is requesting that the variance be limited strictly to the business name, size, design, sign and color as proposed by the application and that the variance is not transferable to another business. 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 commented the signs are considerably smaller than the current signs, and a building of this nature and location is a gateway to our City and would probably be used as a landmark for people. He does not see a problem with the three small signs. Commissioner McElyea motioned to approve Resolution #2005-100, for all three signs; seconded by Vice-Mayor Flury. Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday,June 28,2005—7:00 p.m. Vice-Mayor Flury commented it would be nice if the monument sign were similar to the Walgreen's sign across the street. Mr. McDowell responded they would be willing to consider the request for the smaller monument sign provided it has not already been manufactured and expense incurred. Commissioner Bertino requested "City of Dania Beach" be located somewhere on the monument sign. Mr. McDowell would have to check with his clients. Mr. Leeds remarked the total sign area allowed by Code is thirty-six square feet; the sign is six feet by six feet. He indicated if different tenants are on the sign there would not be much room, so the Dania Beach sign would have to be on the pedestal base which is probably the first two or three feet above the ground. 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 9.9 RESOLUTION#2005-101 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY BONNIE MISKEL, ESQ., WITH THE LAW FIRM OF RUDEN, MCCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. AND ISRAEL KUSHNIR OF I. KUSHNIR INVESTMENTS, ON BEHALF OF PROPERTY OWNER LEONARD STOLAR, TRUSTEE, FOR PROPERTY GENERALLY LOCATED AT 109 SW PARK STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2005-101. Bonnie Miskel, representing the owner and developer, clarified the property is no longer owned by Leonard Stolar, but is owned by R. M. Works, Inc. Ralph Choeff, Architect, represents I. Kushnir Investments, advised this is 112 luxury apartments on ten stories; the first three stories consist of 236 parking spaces; the building is designed in the Mediterranean style to follow the CRA Plan Guidelines; the building also includes a pool deck, recreational facilities, business office, valet parking and a gym. He noted he concurs with all of staff s conditions. Corinne Church, City Planner, advised the property is located next to City Hall and the Commission previously granted an exception for ten stories consisting of three parking levels and seven levels of residential units. Fire flow requirements must be met before the building can fbe occupied or combustible materials introduced. She noted it would be a large building, 400' Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday, June 28,2005—7:00 p.m. on the first three levels, and 300' on the top seven levels. Staff recommends approval subject to conditions identified in the exhibit; and they would like to add an additional condition for a color building elevation. Laurence Leeds, Director of Community Development, advised they want color elevations for all four building sides to insure there is no misunderstanding of what the Commission approved. He mentioned Fred Bloetscher, the City's Consulting Civil Engineer, and the Fire Marshall have signed off on the letter from Attorney Bonnie Miskel on the issue of providing water service to the building. He noted the City would proceed with the construction and expansion of its water system, so that by the time the developer wants to add combustible materials and occupy the building, the water pressure would be available. He noted there are two conditions the applicant has agreed to which involve the payment of Park Impact Fees of$537,600, and Student Impact Fee to the County in excess of$200,000, which must be paid before a permit is issued. Mr. Choeff commented they have a color elevation of the building and will submit it to the City. Mayor Castro opened the Public Hearing. Steve Casper commented he owns the property across the street and hopefully the Commission will approve the request. Bob Mikes, 835 NW 13th Street, questioned the density approved on the project. Mr. Leeds responded 60 units per acre. Mr. Mikes commented the project has improved but he is concerned that people will approach us and want more density on other projects. He is also concerned about developers giving us the same quality of products they would bring to other cities. He is concerned this will not be an owner occupied building and will not be competitive with other condominium projects in neighboring cities that have more scenic views. He remarked Kushnir does not have track record for projects. He asked the City Attorney to nail down that this cannot be a rental project. Tamara Wall, downtown property owner, commented she and her family own many buildings and have been waiting for something to happen downtown. She thinks we need people to live downtown and shop and bring life to downtown. Teddy Bohanan, 212 SW 151h Street, thinks we need something upscale in the community and agrees it should not be a rental property. Mayor Castro asked the cost of the units. Ms. Miskel responded $400,000 starting cost. Vice-Mayor Flury remarked it would not be rental property at that price. She thinks this is a good project and location, and is architecturally appealing. Minutes of Regular Meeting 16 Dania Beach City Commission Tuesday,June 28,2005—7:00 p.m. . Seeing as there was no one else to speak in favor or opposition, Mayor Castro closed the Public Hearing. Ms. Miskel indicated they have agreed to the language proposed by staff that the units would be sold as condominiums, not rentals. Mr. Leeds commented they have two restrictions: one that the property has to be deed restricted, to voluntarily limit the use of the parcel to a condominium; and second, the applicant has to file condominium documents that disclose how these units, if they are to be rented, shall be limited to one tenant per year, regardless of duration or lease. Vice-Mayor Flury motioned to approve Resolution #2005-101, with the conditions, as outlined; 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 9.10 ORDINANCE #2005-028 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, WITH THE CITY COMMISSION ACTING AS A CITY HISTORIC PRESERVATION BOARD, DESIGNATING THE CRUDUP-HANSEN HOUSE • LOCATED AT 38 S.W. 5TH STREET, ART J. RYAN HOUSE, 215 SW 6 STREET, PRIVATE RESIDENCE AT 101 SE 2 STREET, C.M. PHILLIPS RESIDENCE, 802 SW 2 AVENUE OCEAN WATERWAY MOBILE HOME PARK OFFICE BUILDING, 1500 WEST GRIFFIN ROAD,EUREKA MASONIC LODGE,269 F.A. M., 101 SE 1 AVENUE, AND THE A. E. ANDERSON HOUSE, 323 SW 1 AVENUE IN THE CITY OF DANIA BEACH AS HISTORIC BUILDINGS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the title of Ordinance #2005-028. Mayor Castro disclosed she received e-mails with Ann Page regarding her property. Laurence Leeds, Director of Community Development, noted six sites are presented by staff, and one by the property owner. He noted staff recommends approval of all seven sites. He advised all homeowners would be notified before the second public hearing. He noted this is a local designation and not a national designation. Commissioner McElyea gave the history of the properties designated for historical recognition. Mayor Castro opened the Public Hearing. Derrick Hankerson, 746 SW 3rd Street, Dania Beach, is concerned the local historic designation does not include properties are from the African-American community in the western section. He indicated two properties would be of interest: the St. Ruth Missionary Baptist Church, and a brick home on SW 8' Street. Minutes of Regular Meeting 17 Dania Beach City Commission Tuesday,June 28,2005—7:00 p.m. • Mr. Leeds asked Mr. Hankerson to provide the addresses so he could contact Broward County for information. Seeing as there was no one else to speak in favor or opposition, Mayor Castro closed the Public Hearing. Commissioner McElyea motioned to approve Ordinance #2005-028, on first 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 Mayor Castro asked Brenda Chalifour for an update on today's County Commission meeting. Brenda Chalifour, City Attorney on Airport matters, updated the Commission on the FAA's letter to the County advising the County they were going to lift the restrictions that currently exist on both the diagonal runway (1331) and the south runway. She noted when the restriction is lifted on the south runway, turbo jets could be placed there. She indicated this is a voluntary program and the FAA is relying on the fact that it is voluntary, and they are saying they have the right to lift those restrictions. The County realized if the FAA lifts these restrictions they are violating a County Ordinance. A motion was made to enforce the Ordinance, and the County Attorney was instructed to move forward and do everything humanly possible within the boundaries of the Ordinance, beginning with a stay of any actions by the FAA until we resolve these issues. She indicated we should not see turbo jets on the south runway or 1331. She noted a press conference was held with representatives from every community surrounding the airport saying nobody should be suffering. She commented Ft. Lauderdale was moving forward to bring an action or intervene with this one. She stressed the importance of maintaining a cohesive group with the affected cities. 10. Commission Comments 10.1 Commissioner Anton Commissioner Anton thanked Brenda Chalifour for the amount of hours she spent at the County Commission meeting. He indicated the press seems more sympathetic toward the cause than they have in the past. He expressed his condolences to the family of Merita Mitchell on the passing of her husband. He thanked staff for the recent Ordinances, especially the one on overgrown property. He asked the City Manager to check with FDOT about cleaning the storm drains on Griffin Road. He complimented staff on the upgrades to the atrium. Getting back to the Airport issue, he asked the City Attorney to look into run-ups of an MD80, which is the old two engine jet in the back, Minutes of Regular Meeting 18 Dania Beach City Commission Tuesday, June 28,2005 —7:00 p.m. which are being done at night. He advised he would be out of town beginning tomorrow through July 7th 10.2 Commissioner Bertino Commissioner Bertino expressed his sympathy to the family of Merita Mitchell. He indicated we have a problem with a crocodile in the lake on 5tn Avenue at Sheridan Ocean Club, which is located on private property. He noted the State will not relocate it because they cannot transfer it to a natural habitat. He commented on the problem with the lights on Federal Highway and asked the City Manager to contact FP&L. 10.3 Commissioner McElyea Commissioner McElyea had no additional comments. 10.4 Vice-Mayor Flury Vice-Mayor Flury commented the lights on Federal Highway are off more than they are on. She wished there were employees within the City that lived here and could see what they see, so that they would not have to continuously report the outages. She suggested Public Services get an employee to work evenings so they could try to get the lights on in the City. 10.5 Mayor Castro Mayor Castro passed her condolences to Merita Mitchell. She commended Rae Sandler for working with Brenda Chalifour today at the County Commission meeting. She commented she is impressed with the lot at Griffin Road and Ravenswood, which has been cleaned up and looks much better. She welcomed Public Services Director Dominic Orlando to the City, and announced the Neighborhood Advisory Board would meet July 27tn 11. Discussion and Possible Action 11.1 Discussion of vote required for height variances—Commissioner McElyea Commissioner McElyea commented several people want to develop property in the City, and it takes four votes to pass a height allowance. He indicated` he does not see the difference in heights once you pass four stories. He suggested changing the Ordinance to a 3-2 requirement. Commissioner Bertino commented he is not concerned with the extraordinary vote, but thinks the reason we are not getting development is because developers do not know what they can get. He indicated property owners are pricing their property too high because they think they can get Minutes of Regular Meeting 19 Dania Beach City Commission Tuesday, June 28,2005—7:00 p.m. • the best development. He suggested the City set elevations we would allow, so developers know exactly what they are buying and can develop. He does not care about the extraordinary vote, but we need to set a height allowance. Mayor Castro commented the Commission has been contacted about a workshop and Mr. Leeds would create some Codes or codify the CRA LAC areas. Vice-Mayor Flury remarked fourteen stories is fine for Ocean Development, but is not acceptable for all properties in the City. She does agree we should have a workshop and decide what heights should be. She commented in talking to developers, that is not necessarily what they are looking for. She agrees with Commissioner McElyea and would like to see it be just a majority vote. Mayor Castro clarified the workshop is not just for height. She agrees with Commissioner McElyea, and thinks the current Code gives one Commissioner a lot of power over a development project and she is very concerned about that. Commissioner Anton agrees with Commissioner McElyea and Mayor Castro and does not have a problem with a majority vote. Commissioner Bertino clarified that he wants us to look at the different segments of the City and establish some type of height and take it out of the political realm. Vice-Mayor Flury commented Commissioner Bertino's thinking is flawed because the CRA district calls for six to eight stories, and it is still a political mess. City Attorney Ansbro advised his research shows the Ordinance was not passed by Referendum, so it could be changed by a Code amendment. Bob Mikes commented it was an initiative many years ago and he wrote the petition. The Commission acted responsibly and passed the initiative and did not send it to referendum. He hoped the Commission would consider that this was a response to the people of this City. 11.2 Discussion of establishing rules to control portable storage units in the City of Dania Beach—Commissioner Bertino Commissioner Bertino commented this is problem we need to address. He indicated portable storage units (PODS) sit for months in a driveway and decreases the neighborhood and make it look horrible. He thinks we need to get a handle on it. City Attorney Ansbro commented he began to research it and will come back with information. 11.3 Discussion of City's contribution to Super Boat Race—City Manager Pato City Manager Pato commented we are at a crossroad; every attempt we have made to solicit co- sponsors for this event has failed, except for Commissioner McElyea who agreed to commit Minutes of Regular Meeting 20 Dania Beach City Commission Tuesday, June 28,2005 —7:00 p.m. . $5,000. He indicated the only way to come up with the $50,000 is to take it from Contingency Funds. Commissioner Bertino commented the City made the motion they would go along with this. He thinks we should take the funds from Contingency, if necessary, because this is good publicity for the City. Vice-Mayor Flury agrees with Commissioner Bertino; the Commission committed to this several months ago. She wondered if we could make any money back from sales. City Manager Pato responded not for this event, but possibly for future events. The $50,000 was specifically for the production and airing of the event on television. The company is committed to vendors and it is too far along to undo agreements that have already been made. He asked for approval for $45,000 from the Contingency Fund. He noted people were supposed to be here tonight to ask for support for a parade, but they did not show up. He indicated he would continue to look for an opportunity to get co-sponsors. Vice-Mayor Flury remarked she would be willing to vote to take the funds from Contingency, with the understanding that future vendor opportunities belong to the City. Commissioner Anton recommended the City Manager take up to $45,000 because he thinks we still have an opportunity to obtain co-sponsors. ® City Manager Pato asked the Commissioners to help in obtaining the sponsorships. Vice-Mayor Flury motioned to approve the use of Contingency Funds, up to a maximum of $45,000 for the Super Boat Races with the understanding that in future years sponsorship opportunities belong to the City; seconded by Commissioner Anton. Robert Chunn, former City Commissioner, commented it was given to the City and it couldn't get done; the whole plan was for it to be for the City of Dania Beach, and it was brought to the City. He indicated it was brought to Vice-Mayor Flury when she chaired the Centennial Committee. He commented the vendors would pay the City to set up their stands. He will provide a list of vendors to the City Manager. City Manager Pato indicated he would work with Mr. Chunn. 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 21 Dania Beach City Commission Tuesday, June 28,2005—7:00 p.m. • 12. Appointments 12.1 Airport Advisory Board (15 Members—3 per Commissioner—2 Year Term) Commissioner Bertino—2 appointments Commissioner McElyea— 1 appointment 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 Board (5 Members — 1 per Commissioner — 2 Year Term— 1 Alternate) 1 Alternate position 12.4 Neighborhood Improvements Advisory Board (15 Members — 3 per Commissioner — 1 Year Term) Vice-Mayor Flury— 3 appointments Mayor Castro—2 appointments Vice-Mayor Flury appointed Pamela Swanson, Jimmy Crimminger, and William Walton. Mayor Castro appointed George Jason and Joe Van Eron. • 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— 1 appointment 12.7 Unsafe Structures Board (9 Members) 1 Citizen with experience and background in the field of social problems Commissioner Anton motioned to approve the Board appointments; 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 13. Administrative Reports 13.1 City Manager Minutes of Regular Meeting 22 Dania Beach City Commission Tuesday, June 28,2005—7:00 p.m. City Manager Pato had nothing further to report. 13.2 City Attorney City Attorney Ansbro advised the Fire Union has asked that we ratify and confirm that the insurance article, which is the Health Insurance re-opener, be ratified. He asked the Commission for a motion to approve an amendment of the current Collective Bargaining Unit reflecting that the Group Insurance Article is subject to a re-opener clause, and we would attach the actual re- opener language that was executed by the City Manager and the Union. Commissioner Anton motioned to approve the request; 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 13.3 City Clerk—Reminders Tuesday, July 12, 2005 —Regular Commission Meeting Cancelled Tuesday, July 19, 2005 — 7:00 p.m. —CRA Board Meeting Thursday, July 21, 2005 —6:00 p.m. —Abatement Hearing Tuesday, July 26, 2005 — 7:00 p.m. —Regular Commission Meeting Wednesday, July 27, 2005 and Thursday, July 28, 2005 —Budget Workshop Dates Vice-Mayor Flury and Commissioner Bertino will not attend the CRA meeting or Abatement Hearing. These two meetings will be re-scheduled for another date. Commissioner Anton advised he would be out of town for the Abatement Hearing because he would be attending the N.O.I.S.E. Conference. 14. Adjournment Mayor Castro adjourned the meeting at 10:15 p.m. CITY OF DANIA BEACH ATTEST: ANNE CASTRO MAYOR-COMMISSIONER LOUISE STILSON CITY*CLERK 'Approved: July 26, 2005 Minutes of Regular Meeting 23 Dania Beach City Commission Tuesday,June 28,2005—7:00 p.m.