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HomeMy WebLinkAbout2005-09-27 Regular City Commission Meeting Minutes MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, SEPTEMBER 27, 2005 - 7:00 P.M. 1. Call to Order Mayor Castro called the meeting to order at 7:02 p.m. 2. Invocation and Pledge of Allegiance Pastor Mario Cinelli, Lighthouse Community Church, gave the invocation and all remained standing for the Pledge of Allegiance to the United States Flag. 3. Roll Call Present: Mayor: Anne Castro Vice-Mayor: Patricia Flury Commissioners: Bob Anton • John Bertino C.K. McElyea City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson 9. PUBLIC NEARING— SPECIAL TIME REQUEST 9.1 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 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. (SECOND READING) City Attorney Ansbro advised that Dr. James Nicholas was present to answer any questions the Commission may have on the Impact Fee Ordinance. Dr. James Nicholas thanked the Commission for accommodating his schedule. He noted we have been working on this for a year, and that there are a great deal of restrictions on the amount of Impact Fees that can be charged and what we can do with them. He advised that he has written seven books and over fifty articles on Impact Fees, and he has defended Impact Fees in Court. He indicated the fees presented do not exceed the pro rata share of the City's costs of Fire Rescue protection, Police protection and Administrative facilities. In his opinion, the Impact Fees that are presented tonight do not exceed a reasonable pro-rata share of the costs attributable to new development anticipated within the City of Dania Beach, and are in compliance with the legal and governmental practices respected in the State of Florida. City Attorney Ansbro advised he changed the Ordinance to take out any reference to a change to the Park and Recreation Impact Fee; that Ordinance will remain intact to require a dedication of land by the developer or fees paid in lieu of dedication. He noted the per square foot rates need to be set by Resolution after adopting the Ordinance. City Attorney Ansbro read the title of Ordinance #2005-037. 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 #2005-037, 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 9.2 RESOLUTION #2005-150 A RESOLUTION OF THE CITY OF DANIA BEACH ADOPTING RECITALS; ESTABLISHING THE FEE SCHEDULE FOR FIRE AND RESCUE,POLICE,AND ADMINISTRATIVE IMPACT FEES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2005-150. He noted the fees would be those in the back-up material. 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 #2005-150; seconded by Commissioner McElyea. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes • Commissioner McElyea Yes Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday, September 27,2005—7:00 p.m. • 4. Presentations and Special Event Approvals 4.1 Recognition of Public Services Department Employees Mayor Castro and City Manager Pato presented Certificates of Appreciation to seven Public Services Department employees for going above and beyond the call of duty to serve the needs of the City and its residents during Hurricane Katrina. The employees are: Leo Williams, Connie Falzone-Tarrant, Don Hansen, Mardie Holloway, Dan Stubbs, Randy Kemmerling, Jose Urtecho, and Mitch Grant. City Manager Pato commented these people do some of the most difficult work in the City and personally thanked them for their hard work. 4.2 Collective Bargaining Agreement between the City of Dania Beach and the Dania Beach Association of Firefighters, Local 3080, International Association of Firefighters RESOLUTION #2005-149 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND THE DANIA BEACH ASSOCIATION OF FIRE FIGHTERS, LOCAL 3080 OF THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, COVERING ® THE PERIOD SEPTEMBER 27, 2005 THROUGH SEPTEMBER 30, 2007; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2005-149. Commissioner McElyea motioned to approve Resolution #2005-149; seconded by Commissioner Bertino. Commissioner Anton commented he was disappointed the Pension re-opener was not in the agreement and he did not understand why it was such a major issue. He stated Public Safety employees should be held to higher standards, yet we have a lower standard for drug testing for the Fire Department and he is concerned with this. Commissioner McElyea also commented that he was disappointed on the drug testing and Pension clause in the contract. Mayor Castro also commented on the Pension Plan and stated we ultimately need to get what is best for each Firefighter and find the solution that is best for everyone. 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 3 Dania Beach City Commission Tuesday, September 27,2005—7:00 p.m. • 5. Proclamations 5.1 Broward County Public Schools Day Proclamation Mayor Castro presented the Broward County Public Schools Day Proclamation to Fran Klauber, Coordinator in the Office of Government Relations. Fran Klauber commented she was thrilled to be here and receive the Proclamation. She has worked with Dania Beach for many years and stated the City is an excellent example of what can be accomplished when the two entities work together. She noted the Department of Government Relations is looking to bring more civic education into the classroom and encouraged the Commissioners to go to the schools and work with the children. 5.2 Broward County's Birthday Mayor Castro read the Proclamation for Broward County's 901h Birthday and announced that she, City Manager Pato and Commissioner Anton attended the Broward County Commission meeting today and presented the Proclamation. They also presented copies of the History of Dania Beach book to each member of the County Commission and supplied copies for each Broward County Library. • 6. Citizen Comments Honey Mulloy, 38 SW 5`h Street, commented the City Manager should put a freeze on raises. Fred Elson, 2295 SW 451h Street, read an excerpt from an article in the Miami Herald regarding the Pool Lifeguards. He indicated that incompetence comes from the top down, and the focus should be on letting the pool earn its income. He is concerned the pool hours will be cut and he will not be able to use it. Derrick Hankerson, 746, SW 3`d Street, reminded everyone the Neighborhood Improvement Advisory Board would meet on September 281h and October 26th at 7:00 p.m. Pat Janowski, 3436 SW 441h Street, was here on behalf of the Griffin Road Baptist Church for a Special Event approval for their Harvest Fest on October 27-31, 2005. She thought they would be on the agenda tonight but received a letter that they are on the agenda for October 11 th She noted they need conditional approval tonight so they can start marketing the event. They are in the process of completing all the items requested by Fire Inspection and BSO, and will appear at the next Commission meeting to report the conditions have been met. Commissioner Anton advised he spoke with Ms. Janowski and acknowledged the application came in late. This is a fundraiser for the Church and he told her she could ask the Commission for a consensus that the request would be approved if all conditions were met. Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday;September 27,2005—7:00 p.m. . Commissioner Bertino motioned to grant the request contingent upon all requirements being met; seconded by Commissioner McElyea. Sean Brown, Fire Inspection Services, noted he does not see a problem because most of the conditions are minor. Bryan Cowart, BSO Chief, commented he has been assured the Church would comply with his recommendations. 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. Consent Agenda Items removed from Consent Agenda: 7.8, 7.11 7.1 Minutes • Approve minutes for Aquatic Services Workshop of August 10, 2005 Approve minutes for Regular City Commission meeting of August 23, 2005 Approve minutes for Public Hearing for Proposed FY 05/06 Budget of September 14, 2005 Approve minutes for Abatement Hearing of September 15, 2005 7.2 Approve transfer from General Fund of $348,820 to Water Fund, and $348,820 to Sewer Fund as approved in FY 2005 Budget. Resolutions 7.3 RESOLUTION #2005-151 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENGAGEMENT LETTER WITH TIDEWATER CONSULTING INCORPORATED FOR THE PROVISION OF CONSULTING SERVICES IN CONNECTION WITH 2O05-2006 FLORIDA LEGISLATIVE SESSION IN AN AMOUNT NOT TO EXCEED $60,000.00, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.4 RESOLUTION 42005-152 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENGAGEMENT LETTER WITH RUSS KLENET & ASSOCIATES FOR THE PROVISION OF CONSULTING SERVICES IN CONNECTION WITH THE CRA, AIRPORT EXPANSION, AND OTHER ECONOMIC DEVELOPMENT AND RELATED MATTERS OF CONCERN TO THE CITY, WITHOUT Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday, September 27,2005—7:00 p.m. • COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION #2005-153 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPOINTING THOMAS J. ANSBRO TO PROVIDE LEGAL SERVICES AS CITY ATTORNEY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION #2005-154 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING AN ADJUSTMENT OF THE SALARY PAID TO THE CITY MANAGER PURSUANT TO THE CITY MANAGER EMPLOYMENT CONTRACT EXISTING BETWEEN IVAN PATO AND THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.7 RESOLUTION#2005-155 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND THE SCHOOL BOARD OF BROWARD COUNTY, TO AUTHORIZE RECIPROCAL USE BY EACH ENTITY OF SCHOOL FACILITIES AND CITY RECREATION FACILITIES, SUBJECT TO CERTAIN TERMS AND CONDITIONS; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.8 RESOLUTION#2005-156 • A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO CONTRACT FOR THE PURCHASE OF SUPPLIES, SERVICES, EQUIPMENT AND MATERIALS FROM BROWARD SHERIFF'S OFFICE, DEPARTMENT OF FIRE-RESCUE, IN AN AMOUNT NOT TO EXCEED $30,000.00 FOR FISCAL YEAR 2005-2006, FOR THE PURCHASE OF MEDICAL SUPPLIES AND PHARMACEUTICALS, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution 42005-156. Commissioner Bertino questioned if this was the best price, and to insure that it doesn't have any problems with interuse of materials. Fire Chief Ken Land responded most cities in Broward County use Broward County Logistics for their medical supplies and all materials are bid and we piggyback on their contract. Commissioner Bertino motioned to approve Resolution #2005-156; 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 MV1cElyea Yes Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday, September 27,2005—7:00 p.m. • 7.9 RESOLUTION#2005-157 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE GASOLINE FROM STREICHER MOBILE FUELING COMPANY IN AN AMOUNT NOT TO EXCEED $90,000.00 PER FISCAL YEARS 05/06, AND 06/07 UNDER B.S.O. RFP #5-3-8-049; WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.10 RESOLUTION #2005-158 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE DIESEL FUELS FROM BV OIL COMPANY OF FLORIDA, IN AN AMOUNT NOT TO EXCEED $90,000.00 IN FISCAL YEAR 05/06, UNDER SOUTHEAST FLORIDA GOVERNMENTAL COOPERATIVE GROUP BID #05-A-120F; WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.11 RESOLUTION#2005-159 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING RESOLUTION NO. 151-93 AND EXHIBIT "A" ATTACHED TO IT, AND RESOLUTION NO. 2004-011, TO ADJUST THE FEES TO BE CHARGED FOR USE OF THE I.T. PARKER COMMUNITY CENTER; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2005-159. Commissioner Bertino noticed a drop in the use of the center, but noted it had picked up; he wants to insure our fees are competitive and would not hamper the rental of the facility. Kurt Ely, Chairman of the I.T. Parker Advisory Committee, advised the schedule lowers the rates for non-residents, but keeps the same rates for residents. Commissioner Bertino motioned to approve Resolution #2005-159; 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#2005-160 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, URGING CONGRESSIONAL REPRESENTATIVES TO REFRAIN FROM ANY FORM OF SUPPORT OR CO-SPONSORSHIP OF SENATE BILL 1504 KNOWN AS THE "BROADBAND INVESTMENT AND CONSUMER CHOICE ACT" (S. 1504), AND TO VOTE IN OPPOSITION TO S. 1504, AND DIRECTING THAT THIS RESOLUTION BE FORWARDED TO THE FLORIDA CONGRESSIONAL DELEGATION, OTHER MEMBERS OF CONGRESS AS DEEMED APPROPRIATE, AND THE PRESIDENT OF THE UNITED STATES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING AN EFFECTIVE DATE. Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday, September 27,2005—7:00 p.m. Ordinances (Title read by City Attorney) • 7.13 ORDINANCE #2005-038 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO THE INSTALLATION AND OPERATION OF EMERGENCY GENERATORS; AMENDING SECTION 8-142, "EMERGENCY GENERATORS" TO ALLOW FOR THE INSTALLATION AND OPERATION OF NATURAL GAS EMERGENCY GENERATORS IN ADDITION TO LIQUID PROPANE EMERGENCY GENERATORS, WHICH MAY BE LOCATED IN SINGLE-FAMILY AND TWO-FAMILY (DUPLEX)ZONING DISTRICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Commissioner McElyea motioned to approve the. Consent Agenda, with the exception of Items 7.8, and 7.11; 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 - CONTINUED 9.3 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. (SECOND READING) City Attorney Ansbro read the title of Ordinance 92005-035. Corinne Church, City Planner, advised this allows a larger pedestrian oriented sign for properties that are not permitted to have monument signs. 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 42005-035, on second reading; seconded by Commissioner McElyea. The motion carried on the following 5-0 Roll Call vote: Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday, September 27,2005—7:00 p.m. • Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes 9.4 ORDINANCE #2005-036 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.. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2005-036. 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 questioned the elevation of the generator. City Attorney Ansbro responded it would need to comply with the Florida Building Code, including electrical. • Commissioner Bertino motioned to approve Ordinance #2005-036, 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 10. Commission Comments 10.1 Commissioner Anton Commissioner Anton mentioned someone attended a meeting and said they were speaking for the Commission. He wants to send a clear message that nobody speaks for the Commission, especially somebody outside of the City. He asked the City Attorney to send a letter to the person involved to inform him to never do it again. Another issue involves airport property on the east end where a wire to the streetlights is close to the ground; he does not know if it is a live wire, but it needs to be addressed. 10.2 Commissioner Bertino • Commissioner Bertino questioned the streetlights on Federal Highway. Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday, September 27, 2005—7:00 p.m. Dominic Orlando, Director of Public Services, reported they thought the problem was resolved but discovered it was not; therefore, Florida Electric is looking at it again. 10.3 Commissioner McElyea Commissioner McElyea had no comments. 10.4 Vice-Mayor Flury Vice-Mayor Flury wants to receive a quarterly progress report on the use of the Bond money. She noted the area near Winn Dixie had a problem with shopping carts. City Attorney Ansbro responded State Law mandates that we cannot punish stores because people take the carts off their property. He suggested having the stores install a device, which costs approximately $30,000, which locks the wheels so they cannot leave the parking lot. He suggested requesting this when the stores ask to extend their hours during the holidays. Vice-Mayor Flury would like to see a negotiated change in the time they can sell alcohol. City Manager Pato remarked the City Attorney had a great idea and suggested he call the stores to negotiate. Commissioner Anton mentioned that he, Mayor Castro and Commissioner McElyea would participate in the South Broward High School Parade at 2:00 p.m. on Thursday. 10.5 Mayor Castro Mayor Castro advised the Tourist Development Council reserved two tables at the Broward County Greater Ft. Lauderdale Visitor and Convention Bureau Luncheon on Thursday and some Commissioners and staff members would attend. The TDC is looking for businesses to sit on the Committee. She commented there has been discussion on dumpsters and this matter would come before the Commission in the future. 11. Discussion and Possible Action 11.1 Discussion as to possible declaration of a portion of the City as an "Enterprise Zone" - —Mayor Castro Mayor Castro gave credit to Clare Vickery for this suggestion. Clare Vickery, 49 N. Federal Highway, Grace's Cafe, introduced Mr. Akeva, a new business owner in Dania Beach. She noted Ft. Lauderdale is reapplying for their Enterprise Zone and they are willing to work with us to join in that application. An Enterprise Zone is a commercial Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday, September 27,2005—7:00 p.m. • district where owners rehab older buildings and receive an exemption back from the State, in addition to tax and wage exemptions for employees. Mayor Castro noted the key issue is there are fifty five Enterprise Zones in the State of Florida and they are being recertified in the next Legislative Session, and no new applications would be taken this year. She indicated there was no negative financial impact to the City to participate, and Representative Ryan suggested in addition to the US 1 Corridor, we could also use the Griffin Road Corridor. She suggested the City Attorney attend a meeting on Thursday with the City of Ft. Lauderdale. She asked for a motion and vote to try to create an Enterprise Zone. Commissioner Bertino motioned to empower the Mayor to move forward with the Enterprise Zone and bring a report back to the Commission; seconded by Commissioner McElyea. City Attorney Ansbro suggested we adopt a Resolution to allow us to join with Ft. Lauderdale, or if allowed, to create our own Enterprise Zone. He read the title of the proposed Resolution. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, DESIGNATING A PORTION OF THE CITY AS AN ENTERPRISE ZONE AND AUTHORIZING THE PARTICIPATION OF THE CITY IN THE ENTERPRISE ZONE ESTABLISHED BY THE CITY OF FT. LAUDERDALE AND BROWARD COUNTY, OR IF NECESSARY, AUTHORIZING THE PROPER CITY OFFICIALS TO SEEK ENTERPRISE ZONE DESIGNATION FOR THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes Mayor Castro advised she and Larry Leeds met with vendors and property owners in the downtown area, and the block on the west side of US 1 has agreed to do the 50150 sidewalk repair program; they are trying to clean up the backside of the block so it would become more pedestrian friendly; and they had issues about putting stuff outside their door to attract people. She noted they asked to use the brackets on the light poles to place banners advertising the arts and antique district. She would like to work with the City to install the banners. Clare Vickery presented a sample of the proposed banner; it would symbolize art, antiques, history, and Dania Beach. The artwork was designed by a company in Ft. Lauderdale that is willing to work with City staff to get the artwork to the people who would make the banners. The banners would be fabric and could vary in size depending on City regulations. They would like to have a Gallery Walk on Saturdays where items are on Federal Highway subject to City approval, to promote arts, antiques and fine collectibles. Minutes of Regular Meeting 1 1 Dania Beach City Commission Tuesday, September 27,2005—7:00 p.m. • Vice-Mayor Flury motioned to approve the use of the City Logo on the banners; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes 12. Appointments There were no appointments at this meeting. 13. Administrative Reports 13.1 City Manager City Manager Pato had no reports. 13.2 City Attorney City Attorney Ansbro reported a Broward County Ordinance will require inspection of buildings over forty years old effective January 1, 2006. This is modeled from a plan in Miami-Dade • County and is a six year phase-in starting with the largest buildings over 11,000 square feet or more. The program will exclude all buildings under 3,500 square feet and will include safety inspection and re-inspection every ten years. Exceptions are single family residences, duplexes, and minor structures which are defined as anything that has an occupant load of ten people or less and a gross floor area less than 3,500 square feet. The phase-in is for buildings of 11,000 square feet or more and they would have to comply within the year 2006. The categories go down until reaching buildings of 3,500 square feet by 2011. Guidelines are still being developed; however, only State licensed professional engineers could be hired by the private parties to make the inspections. The City then needs to review the reports and set a fee; the average fee in Miami-Dade County is $300-$500. If a building fails to meet the guidelines the building owner will be given six months to complete repairs or modifications. He noted this is an unfunded mandate we will have to deal with. 13.3 City Clerk—Reminders Wednesday, September 28, 2005 — 6:00 p.m. — Grand Opening - Frost Park Fitness Room Tuesday, October 11, 2005 —7:00 p.m. —Regular City Commission Meeting Tuesday, October 25, 2005 —7:00 p.m. —Regular City Commission Meeting Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday, September 27,2005—7:00 p.m. 14. Adjournment Mayor Castro adjourned the meeting at 8:31 p.m. CITY OF DANIA BEACH ATTEST: ANNE CASTRO MAYOR-COMMISSIONER LOUISE STILSON CITY CLERK Approved: October 11, 2005 Minutes of Regular Meeting 13 Dania Beach City.Commission Tuesday, September 27,2005—7:00 p.m.