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HomeMy WebLinkAbout2005-09-13 Regular City Commission Meeting Minutes MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, SEPTEMBER 13, 2005 - 7:00 P.M. 1. Call to Order Mayor Castro called the meeting to order at 7:01 p.m. 2. Invocation and Pledge of Allegiance Father Anthony Tomasulo, Church of the Resurrection, gave the invocation and all remained standing for the Pledge of Allegiance to the United States Flag. 3. Roll Call Present: Mayor: Anne Castro Vice-Mayor: Patricia Flury Commissioners: Bob Anton John Bertino C.K. McElyea City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson 4. Presentations and Special Event Approvals There were no presentations at this meeting. City Manager Pato commented on the extraordinary efforts by the City employees during Hurricane Katrina. He announced that presentations would be made at the September 27, 2005 City Commission meeting. He introduced Lynn Shatas of FP&L to answer questions from the Commission. Lynn Shatas, representative for FP&L, commented she spoke to Dominic Orlando concerning the lights on Federal Highway and it is a-sensor problem. She stated it is not an FP&L related problem. Dominic Orlando, Director of Public Services, advised they thought it was a sensor, but it has not been confirmed. Florida Electric was contacted and told to go out and fix the problem, whatever it is. He noted they are currently working on hurricane related issues and would address the problem within a week. Item #11.2 was heard at this time. 5. Proclamations There were no proclamations at this meeting. 6. Citizen Comments Mayor Castro advised we will allow one minute for everyone tonight due to the large number of requests to speak. George Jason, 4549 SW 371h Avenue, commented Davis Isles was planning on having a homeowners' meeting and arranged to have Bryan Norcross attend to speak about the hurricane season. The meeting is open to the public and will be at the Sheraton Hotel this Thursday evening beginning at 7:30 p.m. Kurt Ely, Chairman of the I.T. Parker Advisory Board, requested a fee waiver for the Dania Beach Lions Club for their District Cabinet Meeting. Commissioner Bertino motioned to waive the fees for the Dania Beach Lions Club District Cabinet Meeting; 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 Alfred Griffin, 5910 SW 371h Avenue, commented on installation of home generators. He asked the Commission to seriously consider adopting an Ordinance. He commented the City needs to enable its citizens to take care of themselves at their own expense. Jimmy Crimminger, 237-243 SW 15" Street, commented on the wonderful job performed by Public Services after the Hurricane. He commented on Commissioner Bertino's idea of WIFI technology for Dania Beach and offered to help if needed. - He thanked the Commission for having the Budget Workshop open to the public. Derrick Hankerson, 746 SW aid Street, reported the Neighborhood Improvement Advisory Board would meet September 28`h, and a tour of the City had been arranged for this weekend. Glenn Morris, Captain of the Dania Beach Marine Rescue Division, advised the re-nourishment project would begin in October and stated the citizens deserve a full-service beach safety department. He noted 80% of beach rescues are due to rip currents, and that surfers do not abide to buoys and lines, they go where the waves are. He stated the Lifeguards are always ready to Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday, September 13,2005—7:00 p.m. assist the beachgoers whatever the situation, and that qualified Lifeguards were necessary to guarantee beach safety for all. Javier Canut, 6415 Cow Pen Road, #408, stated he does not think going with Jeff Ellis is a good decision and questioned how educated people could make this decision. He is concerned about the medical background training the young Lifeguards would have. He stated money is not an issue, safety is. Lindsay Harbeck, 18252 NW 15th Court, Pembroke Pines, Dania Beach Lifeguard, spoke in support of the citizens. She stated she worked for the Jeff Ellis Group and they are incompetent. She thanked Commissioner Bertino for supporting the Lifeguards, and stated they have the backing of the Fire Department and the Medical Examiner. Jim McCrady, 1509 SW 12th Court, Ft. Lauderdale, commented he has been in lifesaving for 24 years and represents the US Lifesaving Association. In his professional opinion, and that of the organization, Jeff Ellis and Associates does not come close to meeting their minimum professional standards. He commented outsiders would be coming in to guard the residents and have no feeling of ownership or community. Domonic Orofino, 2420 Diana Drive, Hallandale, currently the supervisor for Jeff Ellis in Hallandale Beach, commented they do not conduct background checks and their Head Lifeguard is a convicted felon. He remarked there is no drug screening, no physical standards, and no training once employed in an ocean environment. He implored the City not to make the same mistake as Hallandale Beach. He remarked Jeff Ellis does not pay overtime; they use rescue buoys for all rescues; and there is no communication between the Lifeguards and the Fire and Police Departments. He stated it is not about dollars when it comes to your families' lives. Billie Phipps, 946 Nautilus Isle, commented she never would have thought that in 44 years she would have to address the Commission about the Lifeguards. She remarked the swimming area will be restricted and our Lifeguards are experienced and well trained. Her oldest son was once a Lifeguard for the City of Dania Beach. Commissioner Bertino motioned to extend the time for Citizen Comment until everyone is finished; 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 Eric Jersted, 501 Seabreeze Boulevard, Ft. Lauderdale, commented he has been in the profession for thirty years. He implored the Commission to watch the Lifeguards and see the conditions in which they train. • Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday, September 13,2005—7:00 p.m. Bill Evans, 1509 SW 25th Street, Ft. Lauderdale, has been an Ocean Rescue Lifeguard for 20 years. He mentioned the domino effect and how it would be easier to watch Dania Beach fail; this is why they are here to back-up their fellow professionals. Bob Maler, 10800 Collins Avenue, Miami,has been in this business for 27 years. He is here as a citizen supporting the Lifeguards. He commented the Commission would not hire other low cost Fire or Police employees, so do not do it to the Lifeguards. Gerard Falconer, 1043 Lincoln Street, Hollywood, remarked the City Seal shows the City's greatest asset, the beach. He commented the Jeff Ellis Group is using us as an experiment and the City needs to balance what they want to give the citizens against what they will get. Captain Robert Franks, 101 N Beach Road, remarked it is disturbing to hear that a private company would allow someone to drown. He played an excerpt from the workshop meeting where Jeff Ellis remarked he would not go outside the buoys to save someone. He commented good government needs to prepare for emergencies and have a concern for the safety of the citizens. This is an easy decision to make, life or death. Cathy Laucella, 36 SE 7th Street, remarked she finds the City Lifeguards to be skillful, professional, and genuinely concerned for the beachgoers. Mike Grady, 4501 SW 42°d Avenue, wondered if the Commission was treating the citizens fairly because they do not agree with the Commission. He questioned why an RFP was not done for the service, and if the Commission knew what they were doing. Brian McAdam, 513 NE 2nd Avenue, Ft. Lauderdale, commented he worked for Ellis for one year and agrees that they have poor training and are more concerned about uniforms than human rescue. Brian W. McAdam, 1830 SW 81St Avenue, North. Lauderdale, commented he worked for the Ellis Group and agrees they have poor training. Honey Mulloy, 38 SW 5th Street, presented a petition with 526 signatures to the Clerk to be included in the record. She commented she is always being saved by the Lifeguards. Gio Serrano, 1461 S Ocean Boulevard, Lauderdale by the Sea, remarked he worked for the City for two years. He thinks the Commission made their decision with a lack of understanding of the beach. James Shoemaker, 413 SE 4th Terrace, remarked he had the privilege of working with the Dania Beach staff and thinks the Commission is making a grave error in judgment. He thinks this is a moral and ethical error. Linda Milark, 702 NW 8th Avenue, remarked she is very upset and would not consider going to the beach if there were no professional Lifeguards. She has spent her entire life at the ocean and feels safe in the water and on the beach with the City's Lifeguards. Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday, September 13,2005—7:OO p.m. James Gray, 531 NW 41" Avenue, Coconut Creek, addressed emergencies that happen outside the guarded area. He also worked as an instructor for the Ellis Group in the past. He remarked nobody is left to rescue people if you take away the Lifeguards. Freddy Morales, 209 SW 1st Court, stated he has been a Lifeguard for 25 years and is scared for his life by going to a beach where Ellis Lifeguards are present. He indicated they are not instructed on rip currents. Michele Kerrigan, 1311 SE 9th Avenue, Pompano Beach, begged the Commission not to allow the Ellis Group to come to Dania Beach. She commented her children are certified Junior Lifeguards and do not sit in a tower. Lifeguarding is a profession; our guards take this seriously and would respond after work hours; children would not. She remarked citizens should be the most important thing to the Commission. Victoria Vitale, 2331 NE 271h Terrace, Pompano Beach, advised she received her Lifeguard certification at age fifteen. She stated she would not be able to go out and rescue somebody twice her size. She remarked saving money is not going to save lives. Ryan Colbert, 4610 SW 271h Avenue, has been a Lifeguard for 13 years. He stressed that it is crazy to put someone on the beach with only two weeks of training and questioned who would work in Dania Beach if Ellis failed. • Erick Hoyos, 4406 Treasure Cove Drive, believes the decision is very importanf to everyone. He commented young people without training would not be able to save the life of an infant or anyone else. Robert Vogel, 256 N Federal Highway, is upset because he has three grandkids and would no longer bring them to the beach. He remarked there is a comfort and confidence level with the current guard, and stated he would not vote for anyone on the Commission again if this passes. Peggy McKenna, 34 SE IOth Terrace, noted the first time the City is sued our cost savings would not cover the attorney fees. She stated we have a wonderful beach and she has never seen any of the Commissioners there. Fred Elson, 229 SW 45'h Street, talked about PJ Meli Park Pool. He stated it is underutilized and understaffed, and we need to utilize the resources we have to establish more activities there and to get more people using the pool. He remarked we are missing the mark by not paying attention to the valuable asset the City has. Carol Stokrocki, 450 SE 7`h Street, Marine Advisory Board member, remarked outsourcing does not breed loyalty or dedication; we have well trained dedicated Lifeguards and money should be cut from a less critical area. Dan Reynolds, 1700 NW 661h Avenue, Plantation, President of the Broward County AFL-CIO • and Federation of Public Employees, advised they do extensive research on privatization. He Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday,September.13,2005—7:00 p.m. • remarked you do not cut the value of public safety because you do not have control over the people who are not your employees. He indicated there are a lot of angles to consider and the Commission should think about it because it will not look good when something goes wrong on the beach. 7. Consent Agenda Items removed from Consent Agenda: 7.10, 7.11, 7.14, 7.16, and 7.17 7.1 Minutes Approve minutes for Budget Workshop of August 24, 2005 7.2 Travel Requests: Travel request of City Manager Ivan Pato to attend the Florida City County Management Association Symposium in New Smyrna Beach from October 21-22, 2005. (Estimated cost $498) Resolutions 7.3 RESOLUTION#2005-126 • A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA ESTABLISHING THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS)AS THE CITY STANDARD FOR INCIDENT MANAGEMENT, IN ACCORDANCE WITH THE FEDERAL DEPARTMENT OF HOMELAND SECURITY PRESIDENTIAL DIRECTIVE (HSPD) — 5, DEVELOPED TO PROVIDE FOR A CONSISTENT NATIONWIDE APPROACH FOR FEDERAL, STATE, LOCAL AND TRIBAL GOVERNMENTS TO WORK TOGETHER MORE EFFECTIVELY AND EFFICIENTLY TO PREVENT, PREPARE FOR, RESPOND TO AND RECOVER FROM DOMESTIC INCIDENTS, REGARDLESS OF CAUSE, SIZE ,OR COMPLEXITY, PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.4 RESOLUTION#2005-127 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER, ON BEHALF OF THE CITY, TO ENTER INTO A LETTER AGREEMENT WITH ADVANCED DATA PROCESSING, INC. AND THE CITY OF DANIA BEACH, TO EXTEND THE EXISTING AGREEMENT FOR MEDICAL TRANSPORTATION BILLING SERVICES, FOR AN ADDITIONAL ONE YEAR TERM; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION#2005-128 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO EMPLOYEE"PERSONAL DAYS" LEAVE; REPEALING SECTIONS 12.7 AND 12.8, PERTAINING TO "SICK LEAVE INCENTIVE" AND "PERSONAL DAYS", RESPECTIVELY, AND CREATING A NEW SECTION 12.7 CONTAINING PROVISIONS PERTAINING TO PERSONAL DAYS; PROVIDING FOR CONFLICTS; . FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday, September 13,2005—7:00 p.m. • 7.6 RESOLUTION#2005-129 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AMENDMENT TO THE INTERLOCAL AGREEMENT PERTAINING TO THE BROWARD COUNTY METROPOLITAN PLANNING ORGANIZATION (THE "MPO") PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.7 RESOLUTION #2005-130 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING RESOLUTION NO. 2003-170 WHICH PERTAINS TO VACATION OF A PORTION OF A ROADWAY AS SHOWN ON THE "STIRLING INDUSTRIAL PARK PLAT", TO DELETE THE RESERVATION BY THE CITY OF A 30 FOOT GENERAL UTILITY EASEMENT ABOVE THE VACATION RIGHT-OF-WAY AREA; FURTHER, AUTHORIZING THE CITY TO ACCEPT CONVEYANCE OF THE DESCRIBED UTILITY EASEMENT BY A SEPARATE EASEMENT DEVELOPMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.8 RESOLUTION #2005-131 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPOINTING GORDON LINN AND MARK BERMAN TO ACT AS CODE ENFORCEMENT SPECIAL MAGISTRATES FOR MUNICIPAL CODE ENFORCEMENT PROCEEDINGS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.9 RESOLUTION#2005-135 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO THE PURCHASE, SALE, TRANSFER, EXCHANGE, EXERCISE, CONVERSION, TENDER, AND REDEMPTION OF CITY'S INVESTMENT OF SECURITIES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.10 RESOLUTION#2005-138 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO PURCHASE FLOOD INSURANCE FROM AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA IN AN AMOUNT NOT TO EXCEED $27,000.00 FOR THE PERIOD OF OCTOBER 1, 2005 THROUGH SEPTEMBER 30, 2006; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2005-138. Commissioner Bertino questioned the rating of the company. Mary McDonald, Director of Human Resources and Risk Management, responded this is the same company we used last year. She was unaware of the rating. Commissioner Bertino noted the reason he asked is because a number of insurance companies are slipping into default because of what happened in the Gulf Coast. This means they have a lower rating and do not have the money behind them. He thinks we need to make sure we have • strong rated companies. Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday, September 13,2005—7:00 p.m. Commissioner Bertino motioned to approve Resolution #2005-138, provided it has an "A" rating; seconded by Vice-Mayor Flury. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes 7.11 RESOLUTION #2005-139 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING PAYMENT TO PUBLIC RISK INSURANCE AGENCY IN THE AMOUNT OF $984,879.00 FOR. THE PURCHASE OF PACKAGE INSURANCE(TO INCLUDE COVERAGES FOR PROPERTY AND CASUALTY, CRIME AND EMPLOYEE DISHONESTY, GENERAL LIABILITY, AUTOMOTIVE LIABILITY AND PHYSICAL DAMAGE, PUBLIC OFFICIALS LIABILITY, EMPLOYMENT PRACTICES LIABILITY, STATUTORY ACCIDENTAL DEATH AND DISMEMBERMENT AND WORKERS' COMPENSATION) FOR THE PERIOD OCTOBER 1, 2005 THROUGH SEPTEMBER 30, 2006; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2005-139. Commissioner Bertino had the same question regarding ratings and specialized insurances. Commissioner Bertino motioned to approve Resolution #2005-139, subject to rating and that they are not venturing into the property market at this time; seconded by Vice-Mayor Flury. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes 7.12 RESOLUTION#2005-140 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,APPROVING THE EMERGENCY MEDICAL SERVICES MEDICAL DIRECTOR AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND L. SCOTT ULIN, M.D. FOR A THREE-YEAR PERIOD BEGINNING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2008;AND PROVIDING FOR AN EFFECTIVE DATE. 7.13 RESOLUTION #2005-137 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE AGREEMENT BETWEEN H.T.E., INC. AND THE CITY OF DANIA BEACH, FOR AN APPLICATION SERVICE PROVIDER, PROVIDED BY H.T.E., INC. TO UTILIZE THE H.T.E. INC. SERVERS AS THE HOST COMPUTER SYSTEMS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday, September 13,2005—7:00 p.m. 7.14 RESOLUTION #2005-141 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR A FUND TRANSFER FROM THE CONTINGENCY FUND TO FUND HURRICANE EXPENSES NOT REIMBURSED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY; PROVIDING BY CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2005-141. Vice-Mayor Flury had several issues; there is no backup and she would like to see a breakdown of the expenses. She wants to see what we used the money for and questioned if we really were finished and wanted to make the transfer. She indicated there are still areas in the City with significant debris. Another issue is stumps in the swales; she is confused as to whether or not the City is taking care of them. City Manager Pato responded this item is on the agenda because we are approaching the end of our fiscal year and we are anticipating the need for Contingency Funds to cover expenses not covered by FEMA, or the State, as a result of Hurricane Katrina. The funds would not be spent until the proper backup is developed; then the Commission would have the information to authorize the actual expenditure. This is just a request to transfer the funds before the end of the fiscal year. Dominic Orlando, Director of Public Services, advised by the end of the week a second sweep of the City would be completed. Tree trunks and stumps will be removed if they are in the swales, but not on private property. Ashbritt will take care of the stumps; this is covered by FEMA. A third sweep may be made if needed. Sidewalks will be replaced if trees that were in the swale fell and caused the damage; otherwise, it would be the 5 015 0 Sidewalk plan. Commissioner Anton commented he appreciates the rapid response of the Public Services Department, and noted this is a prime example of why we need a Contingency Fund. Commissioner Bertino remarked in the past, citizens were responsible for swales and sidewalks. He has no problem with the City taking care of this but asked the City Attorney if there was some way to make the distinction because this was an act of God and the City would not be removing trees or making sidewalk repairs in the future. City Attorney Ansbro responded this is an extraordinary response to an extraordinary event, and is now on record. Vice-Mayor Flury motioned to approve Resolution #2005-141; 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 9 Dania Beach City Commission Tuesday, September 13,2005—7:00 p.m. Ordinances ('Titles read by City Attorney) 7.15 ORDINANCE#2005-035 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 28 "ZONING," ARTICLE 28, "SIGNS" OF THE CITY CODE OF ORDINANCES BY AMENDING SECTION 28.160 "DOWNTOWN DANIA BEACH REDEVELOPMENT DISTRICT SIGN REGULATIONS" TO ALLOW FOR INSTALLATION OF PERPENDICULAR, PROJECTING WALL SIGNS, SUBJECT TO CERTAIN CONDITIONS AND LIMITATIONS, IN LIEU OF THE USE OF PEDESTRIAN-ORIENTED PROJECTING SIGNS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.16 ORDINANCE#2005-036 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO THE INSTALLATION AND OPERATION OF LIQUID PROPANE EMERGENCY GENERATORS; CREATING ARTICLE XI OF CHAPTER 8 OF THE CITY CODE OF ORDINANCES, ENTITLED "BUILDINGS", SUCH ARTICLE TO BE ENTITLED "EMERGENCY GENERATORS", TO SPECIFY REQUIREMENTS APPLICABLE TO LIQUID PROPANE EMERGENCY GENERATORS LOCATED IN SINGLE-FAMILY AND TWO-FAMILY (DUPLEX) ZONING DISTRICTS; PROVIDING FOR SEVERABILITY;PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the title of Ordinance #2005-036. Commissioner Anton questioned the prohibition of natural gas, yet we accept propane gas. He commented the decibel and noise issues cannot be enforced. He challenged the City Attorney to develop something enforceable that could be based on common sense. He thinks putting the decibel level in the Ordinance is a mistake. He asked what we do if somebody wants to build something for which we do not have an Ordinance. Laurence Leeds, Director of Community Development, responded if something is not specifically permitted, it is prohibited. He was advised by the City Attorney, based on the language in both the City and County Codes, that the only way it could happen is if somebody filed an appeal and paid $500 to have a generator. He stated the Mayor suggested putting together a regulation that allows generators as a permitted use. He noted his source for this Ordinance has been people who have contacted him because they want to install generators. The reason it does not mention natural gas is because everybody he spoke with had information on propane, but nothing on natural gas. He commented the Fire Chief told him if a bad storm hits, the natural gas company will lower the pressure in the lines and the generators would not work. He does not know enough about natural gas to write an ordinance. He noted the decibels are noted because most manufacturers describe decibels in their specification sheets. Sixty five decibels is the lowest rated generator he could find. The ordinance is very restrictive, but East Dania has very small lots. He received no complaints of generator noise after the hurricane. Commissioner Anton questioned why decibel levels should be included in the Ordinance if no complaints have been received. He stated he could support the Ordinance if sections eight and nine were eliminated. The problem with diesel generators in a residential neighborhood is they • smell bad. Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday, September 13,2005—7:00 p.m. Fire Chief Ken Land commented the generator at the Fire Station is natural gas which is safer • than LP or propane. He understands that if a storm gets to a certain stage the natural gas company will lower the pressure in the gas lines to a point where the regulator will lower them and the machine will not run. Commissioner Anton commented if somebody has the means and ability they should be allowed to put one in. Fire Chief Land remarked he would rather deal with natural gas than propane. Commissioner Anton motioned to approve Ordinance #2005-036, with the exception of sections eight and nine. City Attorney Ansbro advised it would be better to withdraw it and vote it down. We have advertised it to only allow LP tanks and we cannot add natural gas because it would violate the public notice laws. He suggested withdrawing it and bringing it back for first reading at the next meeting; or we could pass it on first reading and pass it on second reading and amend it two weeks later. Commissioner Bertino has a problem with the minimum ten foot side yard setback to any side lot line. He indicated a lot of areas that have alleys could have the generator placed to the rear of the lot on the alley. He remarked a 15 kw generator would run a home with a three ton air conditioner, refrigerator and television, and is a large piece of equipment. He suggested people • should be allowed to place generators on the property line if located in the alley. Mr. Leeds disagreed and noted there should be a minimum five foot setback. He recommended excluding diesel generators because of the odor of the fumes. He clarified that paragraph nine would be changed to say: diesel generators shall be prohibited in residential districts. Commissioner Anton suggested a minimum decibel rating of 70. Commissioner Anton motioned to approve Ordinance #2005-036, on first reading with the understanding that changes would be made; seconded by Vice-Mayor Flury. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes Mr. Leeds noted the City Attorney would present a new ordinance amending this ordinance to allow natural gas at the next meeting. 7.17 ORDINANCE #2005-037 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, CREATING ARTICLE VII TO BE • ENTITLED"IMPACT FEES" OF CHAPTER 19 OF THE CITY OF DANIA BEACH CODE OF ORDINANCES; TO ESTABLISH FIRE& RESCUE, PARKS AND RECREATION, POLICE, AND ADMINISTRATIVE IMPACT Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday, September 13,2005—7:00 p.m. FEES INCLUDING PROVISIONS FOR FINDINGS; FOR ESTABLISHMENT OF FEES; FOR DEFINITIONS; • FOR IMPOSITION OF FEES; FOR PAYMENT; FOR DISPOSITION OF FEES; FOR ADOPTION OF THE SUPPORTING IMPACT FEE REPORT; PROVIDING FOR REPEAL OF ARTICLE V, "PUBLIC SAFETY FACILITIES IMPACT FEE" OF CHAPTER 20, "POLICE", OF THE CITY CODE OF ORDINANCES; PROVIDING FOR REPEAL OF SECTION 9.31, "FIRE PUBLIC SAFETY FACILITIES FEE", OF ARTICLE IX "ADMINISTRATION AND ENFORCEMENT" OF CHAPTER 28; PROVIDING FOR REPEAL OF ARTICLE VI, "DEDICATION OF LAND FOR PARKS, OPEN SPACES, AND RECREATIONAL AREAS" OF CHAPTER 19; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the title of Ordinance #2005-037. He clarified that he wants to substitute this title and the Ordinance presented to delete anything to do with the Parks and Recreation Impact Fees. He and Larry Leeds discussed this with consultants and recommended keeping the current Parks and Recreation Impact Fee Ordinance which says you either give land or money in lieu of the value of the land and the money can be used for Parks or amenities. He noted the new title, on second reading, would include Police, Fire and Administration, and leave Park Fees intact. Commissioner Anton remarked our actual Impact Fees are considerably lower than our surrounding cities. He asked the reasoning and where we stand amongst the other cities. City Attorney Ansbro responded this is driven by the report prepared by Dr. Nicholas. In order to create the formula he had to look at the value of all the land we have that is affected for Police, Fire and Administrative facilities, then all the improvements and amenities that go with them. • This information drives what can be charged as a maximum fee based on a per square foot basis. He advised Dr. Nicholas would be here for the second reading and asked that he be placed as the first item on the agenda because he has a plane to catch at 8:30 p.m. He reminded the Commission that they requested the report be based on surrounding city fees, not County fees. Commissioner Bertino questioned if we could pass this on first reading and change it on second reading. City Attorney Ansbro responded that was correct. He will bring a Resolution to set the fees at the second reading. He asked the Commission to look at the information and call him if they had questions before the second reading. Vice-Mayor Flury mentioned Impact Fees are for new construction, and asked if the expenditure of existing Impact Fees required Commission approval. Patricia Varney, Finance Director, responded the expenditure of Impact Fees is included in the Budget; if not included, we bring it to the Commission for approval. Vice-Mayor Flury commented it needs to be corrected in the document. Vice-Mayor Flury motioned to approve Ordinance #2005-037, 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 Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday, September 13,2005—7:00 p.m. Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes Commissioner Bertino motioned to approve the Consent Agenda, with the exception of Items #7.10, 7.11, 7.14, 7.16, and 7.17; seconded by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes 8. Bids and Requests for Proposals There were no proposals at this meeting. 9. Public Hearings and Site Plans 9.1 ORDINANCE 92005-027 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 4,"DISTRICT REGULATIONS", AMENDING SECTION 4.201, "PROXIMITY OF BEVERAGE ESTABLISHMENTS TO CHURCHES, SCHOOLS"; TO CLARIFY THAT THE SALE OF LIQUOR FOR CONSUMPTION BOTH ON PREMISES AND OFF PREMISES SHALL BE PROHIBITED IF THE ESTABLISHMENT IS LOCATED WITHIN 1000 FEET OF A CHURCH OR SCHOOL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2005-027. Vice-Mayor Flury motioned to approve Ordinance #2005-027, on second reading; seconded by Commissioner Anton. Mayor Castro opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes 9.2 ORDINANCE 92005-029 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE TRANSPORTATION ELEMENT OF THE CITY OF DANIA BEACH COMPREHENSIVE PLAN; PROVIDING FOR ADOPTION Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday, September 13,2005—7:00 p.m. PURSUANT TO SECTION 163.3184, FLORIDA STATUTES; FURTHER, PROVIDING FOR AN EFFECTIVE . DATE. (SECOND READING) (Continued from August 9,2005 and August 23,2005) City Attorney Ansbro read the title of Ordinance 92005-029. Laurence Leeds, Director of Community Development, withdrew the Ordinance until the October 25, 2005 City Commission meeting. Mayor Castro opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Vice-Mayor Flury motioned to withdraw Ordinance #2005-029, 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 9.3 ORDINANCE #2005-033 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO ENFORCEMENT OF PROVISIONS OF THE CITY CODE OF ORDINANCES; AMENDING CHAPTER 2, "ADMINISTRATION"; ARTICLE IV, "CODE ENFORCEMENT BOARD" TO REVISE THE ARTICLE AND ITS PROVISIONS (SECTIONS 2-71 TO AND INCLUDING 2-89) TO DELETE REFERENCES TO THE "CODE ENFORCEMENT BOARD" AND TO SUBSTITUTE THE TERM "SPECIAL MAGISTRATE", IN CONNECTION WITH THE CODE ENFORCEMENT PROCESS USED WITHIN THE CITY, SUBJECT TO PROVISIONS FOR TRANSITION FROM THE "BOARD PROCESS" TO THE "MAGISTRATE PROCESS"; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2005-033. Mayor Castro opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Commissioner Anton motioned to approve Ordinance #2005-033, on second reading; seconded by Vice-Mayor Flury. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes 9.4 ORDINANCE 42005-034 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 28 "ZONING," ARTICLE 28 "SIGNS" OF THE CODE OF ORDINANCES BY AMENDING §28.000, "PURPOSE"TO CLARIFY THE INTENT OF THE SUBSTITUTION AND SEVERABILITY CLAUSES APPLICABLE TO SIGN REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday, September 13,2005—7:00 p.m. City Attorney Ansbro read the title of Ordinance #2005-034. He advised a new Circuit Court decision attacked Sign Ordinances if commercial and non-commercial signs were not treated the same. 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 #2005-034, 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 City Attorney Ansbro advised the remaining items were quasi-judicial matters and swore-in all who would speak. He asked the Commission to disclose any communication they may have had. All of the Commission disclosed they had communication with the representatives for Randi Rapp and Stirling-Suites. 9.5 RESOLUTION#2005-107 A RESOLUTION OF THE CITY OF DANIA BEACH,APPROVING THE VARIANCE REQUEST SUBMITTED BY RICHARD G. COKER, JR., ESQ., COKER & FEINER, ON BEHALF OF B & JCM PROPERTIES, LLC, FROM CHAPTER 28, "ZONING", FOR PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF INTERSTATE 95 AND STIRLING ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Deferred from July 26, 2005, August 9, 2005 and August 23,2005) 9.6 RESOLUTION #2005-106 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY RICHARD G. COKER, JR., ESQ., COKER & FEINER, ON BEHALF OF B & JCM PROPERTIES, LLC, FOR PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF INTERSTATE 95 AND STIRLING ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Deferred from July 26,2005,August 9,2005 and August 23, 2005) City Attorney Ansbro read the title of Resolution#2005-107 and Resolution#2005-106. Rod Feiner, attorney for the applicant, submitted an amendment to the Site Plan depicting the access that had been approved by FDOT and the adjacent property owner. Attorney Rebecca Henderson, representing the adjacent property owner, noted they had no objections to the application. Mayor Castro opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday, September 13,2005—7:00 p.m. Commissioner Bertino motioned to approve Resolution #2005-106 and Resolution #2005- 107, with the Site Plan on record and tonight's revised access plan; seconded by Commissioner McElyea. The motion carried on the following 4-1 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury No Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes 9.7 RESOLUTION 42005-133 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE SIGN ADJUSTMENT REQUEST SUBMITTED BY MONROE UDEL OWNER OF JAXSON'S ICE CREAM ON BEHALF OF G & G REAL ESTATE, FROM CHAPTER 28, "ZONING", ARTICLE 28, "SIGNS", SECTION 28.160 "DOWNTOWN DANIA BEACH REDEVELOPMENT DISTRICT REGULATIONS", 'FOR PROPERTY LOCATED AT 128 SOUTH FEDERAL HIGHWAY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2005-133. Jerry Smith of Jaxson's Ice Cream commented the 40 year old sign is getting difficult to repair and the new sign would be the same size, and the facing would match the new monument sign on Federal Highway. ® Corinne Church, City Planner, reported the P&Z Board recommended approval of the sign. Mayor Castro opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Commissioner McElyea motioned to approve Resolution #2005-133; seconded by Vice- Mayor Flury. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes 9.8 RESOLUTION #2005-132 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY SITE ENHANCEMENT SERVICES ON BEHALF OF THE PROPERTY OWNER DISCOUNT AUTO PARTS, FROM CHAPTER 28, "ZONING", ARTICLE 28, "SIGNS", FOR PROPERTY GENERALLY LOCATED AT 1750 STIRLING ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2005-132. Anthony Freitag, of Site Enhancement Services representing Advanced Auto Parts, requested • approval for a thirty inch wall sign for the new store. Minutes of Regular Meeting 16 Dania Beach City Commission Tuesday, September 13,2005—7:00 p.m. • Laurence Leeds, Director of Community Development, remarked the replacement sign would be smaller than the current Discount Auto Parts sign. Mayor Castro opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Vice-Mayor Flury motioned to approve Resolution #2005-132; 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 9.9 RESOLUTION #2005-134 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY RANDI RAPP ON BEHALF OF PROPERTY OWNER BRYAN JAHODA, FROM CHAPTER 28, "ZONING", ARTICLE 4, "DISTRICT REGULATIONS", "SCHEDULE OF LOT, YARD AND BULK REGULATIONS", FOR VACANT PROPERTY LOCATED ON SW 3RD STREET BETWEEN SW 2No AVENUE AND SW 4TH AVENUE, IN THE MODELO PARK SUBDIVISION, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2005-134. Attorney Rod Feiner, 1404 S Andrews Avenue, Ft. Lauderdale, described his background and asked to be admitted as an expert witness. He submitted a Title Affidavit to be made an official part of the record. They are requesting a permit for a single family home on a forty foot wide lot; City Code requires a minimum sixty foot width. However, if the lot is an existing lot of record that has a width of fifty feet or more, you are automatically grandfathered and can build a home. A variance is required because of the forty foot width. Since 1979 the owner of the parcel has never owned the two adjacent parcels; it has always been of separate ownership; therefore, it is an existing legal lot of record. The proposed house would be a three bedroom, two and a half bath home and meets every criteria of the Code except for the lot width. He stated the owner will stipulate to a condition that Code Enforcement, upon reasonable notice and coordination, can enter into the premises and inspect the interior premise to insure that it is being used as a single family home and not converted to a duplex. The intent of the owner is that her son will live at the property and be owner occupied. He noted this identical variance was granted by the City Commission in 1988. Joseph Kaler, Architect for the project, remarked they have designed a very nice house and have complied with every aspect of City Code. He noted it is impossible to make this house work as a duplex; the parking spaces are placed in accordance with staff requirements; and the Site Plan meets all Code requirements other than the forty foot lot width. Attorney Feiner questioned Mr. Kaler on his credentials and zoning opinions. Attorney Feiner informed the Commission of the criteria required for the variance. Minutes of Regular Meeting 17 Dania Beach City Commission Tuesday, September 13,2005—7:00 p.m. Mayor Castro opened the Public Hearing. Teresa Erwin, 230 SW 3rd Terrace, which is the adjacent property, noted the property is small and the house will take up the entire lot. She indicated it would lend itself to being converted into a duplex because of the design. She remarked outside steps from the kitchen would encroach into the seven foot side setback. The design of the house is different from the other houses in the neighborhood and would not fit in. This is a working class neighborhood and houses can still be purchased for $200,000. She asked the scale of the house be changed to conform to the neighborhood. Annette Hibbetts, 26 SW I Ith Street, questioned the zoning along Dixie Highway. Laurence Leeds, Director of Community Development, advised the predominant zoning in that area is RD-8000, which allows duplexes and single family homes. Tonight's variance is required because the lots were platted at forty feet. Seeing as there was no one else to speak in favor or opposition, Mayor Castro closed the Public Hearing. Attorney Feiner stated the property would not be used as a duplex; City inspectors would be allowed to enter the structure to confirm it cannot be converted to a duplex. • City Attorney Ansbro commented he prefers a covenant running with the land, rather than a condition. Attorney Feiner agreed to the covenant. Mr. Leeds requested approving the variance subject to a one-story house. Commissioner Bertino motioned to approve Resolution #2005-134, subject to a one story house, the right to inspection, and proper setbacks; seconded by Commissioner McElyea. The motion carried on the following 4-1 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury No Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes 9.10 RESOLUTION#2005-136 A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY GARTH THOMPSON FROM CHAPTER 26, "VEGETATION", ARTICLE IV, "LANDSCAPE", SECTION 26.52, FOR PROPERTY LOCATED AT 5981 SW 37T" TERRACE, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2005-136. • Minutes of Regular Meeting 18 Dania Beach City Commission Tuesday, September 13,2005—7:00 p.m. • Garth Thompson requested permission to move a wall located on his property five feet further out toward Stirling Road. The tree survey shows it will not negatively impact any existing trees. He indicated the people in Stirling Oaks would be happy with the move, and requested approval. Mayor Castro opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Corinne Church, City Planner, advised the wall would be moved to a location two feet from Stirling Road and the existing trees would be protected. She noted an Arborist should supervise the job to insure that the tree roots are not disturbed. Staff recommends approval with conditions. Commissioner McElyea motioned to approve Resolution #2005-136; seconded by Vice- Mayor Flury. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes 10. Commission Comments 10.1 Commissioner Anton • Commissioner Anton had no comments. 10.2 Commissioner Bertino Commissioner Bertino commented on the earlier comments made by the Lifeguards. He wants us to think about the statement made by the Jeff Ellis Group that they would let someone drown if they were outside the buoys. He commented that special needs children and elderly people may not hear a whistle blowing and the firm would let them drown. Scuba divers would be outside the bounds and may get in trouble and drown. He remarked we do not want to be a City that would allow people to drown; he does not think we want that type of reputation. He noted Hallandale has a.Fire Department on the beach so if there are problems they are there for response; Dania Beach does not have this same luxury. He asked the City Manager about moving the City Attorney to the Chamber office because he is concerned with the City Attorney being moved to another location. He feels we could move someone else and keep the City Attorney at City Hall. 10.3 Commissioner McElyea Commissioner McElyea asked the status of the marina. City Manager Pato responded Aragon is ready to sign off on it. The City Attorney has the paperwork to remove Aragon from the lease between Aragon and FAU and put us in place of Minutes of Regular Meeting 19 Dania Beach City Commission Tuesday, September 13,2005—7:00 p.m. Aragon. Once it happens, we can run the marina ourselves, or we continue to run the marina as it is currently operated. City Attorney Ansbro commented we were still waiting for FAU to identify who is doing the transaction. City Manager Pato remarked FAU is waiting for the City Attorney to contact them. City Attorney Ansbro thought Mr. Snyder was waiting for the slots issue to be resolved, and indicated it should be complete in two weeks. 10.4 Vice-Mayor Flury Vice-Mayor Flury commented on the Lifeguards; she appreciates many of the comments made tonight, especially those from our Lifeguards. She did not appreciate people from other cities commenting. She agrees with some things said this evening; we have a great staff, however other issues were inappropriate. She asked the City Manager to have additional references ready for tomorrow's public hearing. Vice-Mayor Flury is extremely bothered by someone attending a meeting with a developer and saying they were representing the Commission. She asked the City Manager to find out who attended the meeting. She complimented the Public Services Department for their good work immediately after the hurricane. She commented the City Attorney has been at City Hall for the • past year and she does not see a problem with him moving out of the building. She does not think the,City Attorney should be in the midst of all the activity at City Hall, and thought there was consensus for him to move. She asked about the I.T. Parker improvements. City Manager Pato responded the Capital Improvement Plan is in the Budget. 10.5 Mayor Castro Mayor Castro commended everyone for their work"during the hurricane. She indicated she had received many calls from the SW community regarding drug use and prostitution, and spoke to Chief Cowart about it. She suggested we use this neighborhood as a prototype through the Neighborhood Improvement Board; she is also contacting Lori Parrish's Office to investigate people who have applied for homestead but do not live there. She advised a couple of citizens have been trying to develop a Tourism Council and she is working with them as part of embellishing the commercial aspects of Dania Beach, and the pari-mutuel wagering that will be coming. She indicated the.Tourism Council would be coming before the Commission in a few weeks and would probably talk to each Commissioner to start getting support for their endeavors. She thinks some may have already received invitations to an upcoming event. She advised this is a private entity to market Dania Beach, and they may approach the City for money and use of the City logo. She concurs with Vice-Mayor Flury regarding the FDOT meeting and wants to find out who represented themselves as representing the Commission. • Minutes of Regular Meeting 20 Dania Beach City Commission Tuesday, September 13,2005—7:00 p.m. 11. Discussion and Possible Action 11.1 City Attorney Performance Evaluation City Attorney Ansbro noted he has been with the City for over a year and discussed the ratings of his performance appraisal. He requested his assistant's salary be adjusted by 4% ($1,600) which she would receive if she remained at the firm. Commissioner Bertino motioned to increase the City Attorney's salary by 4.8%; seconded by Vice-Mayor Flury. Commissioner Anton commented he does not have problem with the City Attorney, but has a problem with the level of the salary. He indicated until the rest of the executive staff is brought up to level it is difficult to do because the salary is above the mid-range. He has no problem with the assistant's salary. Commissioner Bertino commented he fought against pay for performance, but if we have it we need to do it. The motion carried on the following 3-2 Roll Call vote: Commissioner Anton No Vice-Mayor Flury Yes • Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea No Commissioner Bertino motioned to increase the City Attorney's Assistant's starting salary by $1,600; seconded by Vice-Mayor Flury. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes Item #11.2 was heard under Presentations and Special Event Approvals. 11.2 Request for Motion to appropriate from the Fire Reserve, the amount of$13,539, for replacement of the network wireless equipment at City Hall, I.T. Parker Community Center, C.W. Thomas Park, Fire Station 93, Frost Park and the Public Services Compound from Bearcom Wireless Worldwide Chuck Cook, Information Services, advised this needs to be done now even though it is in next year's budget. This is a repair necessary for the wireless network service. The Fire Department is moving to an on-line medical reporting system and we cannot provide the security needed for HIPPA compliance on our current wireless service. Minutes of Regular Meeting 21 Dania Beach City Commission Tuesday, September 13,2005—7:00 p.m. • Vice-Mayor Flury motioned to approve the appropriation of $13,539 from Fire Reserve; 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 Item #S, Proclamations,followed Item #11.2. 12. Appointments Vice-Mayor Flury commented the Human Relations Board has not met for several months and asked the staff liaison to call a meeting. Mayor Castro nominated Bud Witz as an alternate to the I.T. Parker Advisory Board. Commissioner Bertino motioned to approve the appointment; 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 13. Administrative Reports 13.1 City Manager City Manager Pato clarified the Commission consensus for the City Attorney to move to the Chamber office. He commented the Lifeguard issue was not easy for him, but as a professional he did due diligence and there were no warning signals about the company's qualifications. He indicated all of our employees would have had the opportunity to look at all available options, including the marina had it developed. He was surprised by the employee who said she worked for the Ellis Group because,it was not mentioned in her employment application. He does not think we should jump to conclusions, and we need to keep our minds open and look at the facts. Commissioner Anton asked the City Manager to check into the supervisor in Hallandale who works for Ellis because he wants to know if he truly works for Ellis. He asked that the drowning issue be clarified at tomorrow's meeting. City Manager Pato indicated he would try to get Jeff Ellis to attend. Mayor Castro wants to know if the supervisor in Hallandale is a felon. She noted we need • responses to some of the issues raised tonight. Minutes of Regular Meeting 22 Dania Beach City Commission Tuesday, September 13,2005—7:00 p.m. 13.2 City Attorney City Attorney Ansbro advised the Florida League of Cities and the National League of Cities have mobilized so that we can adopt a city similar to our size in the hurricane devastated areas as a Sister City and partner with other cities to assist them. Mayor Castro commented it was a brilliant idea. 13.3 City Clerk—Reminders Wednesday, September 14, 2005 —7:00 p.m. —First Public Hearing for the FY 05/06 Budget Thursday, September 15, 2005 —6:00 p.m. —Abatement Hearing Wednesday, September 21, 2005 —7:00 p.m. — Second Public Hearing for the FY 05/06 Budget Tuesday, September 27, 2005 —6:00 p.m. —Regular CRA Board Meeting Tuesday, September 27, 2005 —7:00 p.m. —Regular City Commission Meeting 14. Adjournment Mayor Castro adjourned the meeting at 10:54 p.m. CITY OF DANIA BEACH ATTEST: ANNE CASTRO (��.J►�� MAYOR-COMMISSIONER LOUISE STILSON CITY CLERK Approved: October 11, 2005 • Minutes of Regular Meeting 23 Dania Beach City Commission Tuesday, September 13,2005—7:00 p.m.