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HomeMy WebLinkAbout2005-10-11 Regular City Commission Meeting Minutes MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, OCTOBER 11, 2005 - 7:00 P.M. 1. Call to Order Mayor Castro called the meeting to order at 7:00 p.m. 2. Invocation and Pledge of Allegiance Mayor Castro called for a moment of silence followed by the Pledge of Allegiance to the United States Flag. 3. Roll Call Present: Mayor: Anne Castro Vice-Mayor: Patricia Flury Commissioners: Bob Anton C.K. McElyea City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson Absent: Commissioner: John Bertino Commissioner McElyea motioned to excuse Commissioner Bertino; seconded by Commissioner Anton. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner McElyea Yes Mayor Castro Yes 4. Presentations and Special Event Approvals There were no presentations at this meeting. 5. Proclamations There were no proclamations at this meeting. 6. Citizen Comments Maureen Vass, 1305 Avocado Isle, Ft. Lauderdale, Director of T.I.M.E. 4 KIDS, invited the Commission to attend a Bake Sale to be held on Saturday, October 15, 2005 from 9:00 a.m. — 12:00 p.m. in the parking lot of the American Legion, to purchase school supplies for children who were victims of Hurricanes Katrina and Rita. She thanked Bonnie Temchuk, Kristen Jones and City Manager Pato for their help for the children and use of City facilities. Ann Page, 38 SW 51h Street, requested some changes to the City Charter be placed on the next City Commission Agenda as a discussion item. The changes are: 1) Increasing the number of Commissioners to seven; 2) Change the way Commissioners are elected from "at-large" to "districts"; 3) Have all residents vote for Mayor in "at-large" format; 4) A resident who seeks election to a district must be a current resident of that district and must have been a resident for not less than two years prior to the election date; 5) Change the City's election dates to take place in November. She indicated there have been a substantial number of residents annexed into the City that have no representation on the City Commission. She requested placing these items on a ballot for a Special Election. Derrick Hankerson, 746 SW 3rd Street, advised the Neighborhood Improvement Advisory Board has agreed to provide three levels of recommendations to the Commission by February 22"d. He commented the College Gardens Neighborhood Association has banded with Triangle Village Civic Association and Dania Beach Heights Civic Association to work on development of a Community Center. He indicated money had been penciled-in for a Community Center for the area but the amount of money they have is limited. They have contacted other government agencies (South Broward Hospital District and Broward County) for partnering in the center. He met with County Commissioner Rodstrom and the director of Family Success Centers and they are enthusiastic about locating a Broward County Family Success Center in Dania Beach. He indicated the next step in order for discussions to progress requires the City Manager to send a letter to the Family Success Center asking for discussions to begin. Commission consensus for the City Manager to send a letter; however Mr. Hankerson should first speak to the City Manager. Vice-Mayor Flury questioned if the Commission should address the request of Ann Page. She commented the Charter Review Board met for a year in 2004 and made some of the recommendations that were discussed tonight. She indicated the issues that were determined critical by the Commission were placed on the ballot and the other issues would be discussed at a later date. She questioned if the Charter Review Board should be reactivated or if the Commission should have a workshop to discuss the issues. City Attorney Ansbro advised the Commission could revive a new Board to make recommendations; however the items brought forward tonight were not discussed by the Charter Review Board. Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday, October 11,2005—7:00 p.m. 7. Consent Agenda Items added to Consent Agenda: Z 9 Items removed from Consent Agenda: 7.5, 7.8 7.1 Minutes Approve minutes of Regular City Commission meeting of September 13, 2005 Approve minutes of Public Hearing for Final FY 05/06 Budget of September 21, 2005 Approve minutes of Regular City Commission meeting of September 27, 2005 7.2 Travel request of Commissioner John Bertino to attend the National League of Cities Conference in Charlotte, North Carolina from December 6-11, 2005. (Estimated cost $1,781.15) (Remaining available balance in the Commission Travel and Per Diem Account is $8,218.85) Resolutions 7.3 RESOLUTION#2005-161 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE MATERIALS NEEDED TO COMPLETE A PROJECT KNOWN AS "FRDAP FROST PARK PHASE 11", INCLUDING, BUT NOT LIMITED TO, ADA PLAYGROUND EQUIPMENT, ADA SURFACING, • ADA CONCRETE FOOTINGS, ADA PICNIC TABLES, ADA GRILLS, BASKETBALL BACKBOARD EQUIPMENT, FENCING, BIKE STANDS, TRASH CONTAINERS, ADA ACCESSIBLE RESTROOMS, LIGHTING AND SIGNAGE IN A PROJECT AMOUNT NOT TO EXCEED $207,500.00 FROM CONTRACT CONNECTIONS INC., UNDER ST. JAMES CITY HALL CONTRACT NO. SC-0549-03; PROVIDING FOR FUNDING;PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.4 RESOLUTION#2005-162 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE SODIUM HYPOCHLORITE FROM ALLIED UNIVERSAL CORPORATION, IN AN AMOUNT NOT TO EXCEED $80,000.00 IN FISCAL YEAR 05/06, UNDER PALM BEACH COUNTY COOPERATIVE GROUP BID #05-093/CB; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION#2005-163 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA SUPPORTING LEGISLATION REGULATING PARI-MUTUEL FACILITIES BY EITHER THE STATE, BROWARD COUNTY OR BOTH IN CONJUNCTION WITH EACH MUNICIPALITY WHICH HOSTS ANY PARI-MUTUEL FACILITY WHICH INSTALLS SLOT MACHINES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2005-163. Commissioner McElyea asked for clarification of the Resolution. Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday, October 11,2005—7:00 p.m. • City Attorney Ansbro responded it was requested by the City of Hallandale Beach and relates to a request that each City which has a pari-mutuel facility have the power to regulate the hours of operation. Commissioner McElyea motioned to approve Resolution #2005-163; seconded by Vice- Mayor Flury. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner McElyea Yes Mayor Castro Yes Ordinances (Titles read by City Attorney) 7.6 ORDINANCE #2005-030 AN ORDINANCE AMENDING CHAPTER 28 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY CREATING ARTICLE 6 "SUPPLEMENTARY USE REGULATIONS," SECTION 6.56,"LOCAL ACTIVITY CENTER(LAC)"TO IMPLEMENT THE REQUIREMENTS OF THE TRI- PARTY INTERLOCAL AGREEMENT WITH THE SCHOOL BOARD OF BROWARD COUNTY AND BROWARD COUNTY FOR EDUCATIONAL MITIGATION FEES TO BE PAID BY RESIDENTIAL DEVELOPMENT IN THE LAC; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.7 ORDINANCE 42005-039 • AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA PERTAINING TO FLOOD DAMAGE PREVENTION; AMENDING CHAPTER 12, ENTITLED "FLOOD DAMAGE PREVENTION", ARTICLE I, ENTITLED "IN GENERAL", TO PROVIDE THAT CITY FLOOD ELEVATIONS FOR BOTH RESIDENTIAL AND NON-RESIDENTIAL CONSTRUCTION SHALL MEET THE BASE FLOOD ELEVATION AS SPECIFIED ON THE FLOOD INSURANCE REQUIREMENTS OF THE RATE MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.8 ORDINANCE 42005-040 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA PERTAINING TO SITE PLAN APPROVAL; AMENDING SECTION 8-4 OF CHAPTER 8 OF THE CITY CODE OF ORDINANCES TO CHANGE THE EXPIRATION TIME OF SUCH APPROVALS FROM 18 MONTHS TO 12 MONTHS AFTER CITY COMMISSION APPROVAL; PROVIDING THAT SUCH APPROVAL WILL AUTOMATICALLY EXPIRE UPON SALE OF THE PROPERTY UNLESS REVIVED BY APPROVAL OF THE CITY COMMISSION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the title of Ordinance #2005-040. Vice-Mayor Flury questioned if twelve months was the standard. Laurence Leeds, Director of Community Development, responded 12-18 is standard. He is concerned about someone who may have a legitimate delay due to circumstances beyond their control. He suggested the City Attorney revise the Code to provide a means for extension for unusual conditions. Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday, October 11,2005—7:00 p.m. • City Attorney Ansbro remarked he was planning on a provision to ask for an extension before running out of time. This would be an amendment to the Site Plan approval and the Commission could grant additional time without an appeal process. Vice-Mayor Flury motioned to approve Ordinance #2005-040, on first reading; seconded by Commissioner McElyea. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner McElyea Yes Mayor Castro Yes Addendum 7.9 Motion to approve an additional one year contract renewal with MEF Construction, Inc. for Concrete Sidewalk Construction and Repairs, in accordance with agreement dated October 4, 2004. Commissioner Anton motioned to approve the Consent Agenda, with the addition of Item #7.9, and the exception of Item #7.5 and #7.8; seconded by Vice-Mayor Flury. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner McElyea Yes Mayor Castro Yes • 8. Bids and Requests for Proposals There were no proposals at this meeting. 9. Public Hearings and Site Plans 9.1 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. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2005-038. 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 5 Dania Beach City Commission Tuesday, October 11,2005—7:00 p.m. Commissioner McElyea motioned to approve Ordinance #2005-038, on second reading; seconded by Commissioner Anton. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner McElyea Yes Mayor Castro Yes 10. Commission Comments 10.1 Commissioner Anton Commissioner Anton commented the powerline is still down along the Trail's End Trailer Park. He requested someone contact FP&L. 10.2 Commissioner Bertino Commissioner Bertino was not present at this meeting. 10.3 Commissioner McElyea Commissioner McElyea asked the City Manager if we received money from Waste Management for recycling. He does not think many people recycle and suggested we try to encourage people • to recycle. City Manager Pato remarked he would contact Waste Management for information, and suggested a note be placed on the next water bill to encourage residents to recycle. 10.4 Vice-Mayor Flury Vice-Mayor Flury had no comments. 10.5 Mayor Castro Mayor Castro advised there is a free resource at the County to help with the Enterprise Zone. She met with former Commissioner Robert Chunn and Mr. Carbonell about the Super Boat Race in July, and asked this be placed as a discussion item on the next agenda. She indicated there was interest in sponsoring a Sculpture Walk in the Arts and Antiques District in the upcoming months, and asked for support for the project to move forward. 11. Discussion and Possible Action 11.1 Request by City of Hollywood for Partial Release of Liens on Property Located in Dania Beach for Foreclosure Action Against Property Located in Hollywood - City Attorney Ansbro • Minutes of Regular Meeting Dania Beach City Commission Tuesday,October 11,2005—7:00 p.m. • City Attorney Ansbro stated this is mistakenly written. This is a conflict of interest that needs to be waived by the City Commission; it does not have anything to do with any of our liens. Commissioner McElyea motioned to waive the conflict of interest; seconded by Vice-Mayor Flury. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner McElyea Yes Mayor Castro Yes 11.2 Discussion of transferring City accounts from Wachovia Bank to Community Bank — Commissioner McElyea Commissioner McElyea withdrew Item #11.2. 12. Appointments Mayor Castro reappointed Glenda Clark to the Dania Beach Housing Authority. Commissioner Anton motioned to approve the Board appointment; seconded by Commissioner McElyea. The motion carried on the following 4-0 Roll Call vote: • Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner McElyea Yes Mayor Castro Yes 13. Administrative Reports 13.1 City Manager City Manager Pato commented on the Pension Workshop held earlier in the evening. He would like a timetable on which the Commission wants him to take action. Consensus of the Commission was for this to be a discussion item for the first meeting in December. City Manager Pato advised there would be a meeting at the County on Thursday to discuss the rules for slot machines. He indicated the County would be ready to implement the rules if the State does not act in a timely manner. The County version does not limit the hours of operation, and the Cities with slots would like no limits on the hours of operation. 13.2 City Attorney City Attorney Ansbro advised the Courts are handling the shopping cart issue and he may have an update in the spring. He indicated he found a provision in his contract from two years ago Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,October 11,2005=7:00 p.m. • that if he had to pay COBRA coverage, the City would pay for his transition. He asked the Commission to cover this for one month. Vice-Mayor Flury motioned to approve the one month COBRA coverage for the City Attorney and his family; seconded by Commissioner Anton. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner McElyea Yes Mayor Castro Yes 13.3 City Clerk—Reminders City Clerk Stilson asked the Commission if they wanted to cancel the second meeting in December. Vice-Mayor Flury motioned to cancel the December 27, 2005 City Commission meeting; seconded by Commissioner McElyea. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner McElyea Yes Mayor Castro Yes Tuesday, October 25, 2005 — 7:00 p.m. —Regular City Commission Meeting • Tuesday, November 8, 2005 — 7:00 p.m. —Regular City Commission Meeting Thursday,November 17, 2005 —6:00 p.m. —Abatement Hearing Tuesday,November 22, 2005 —7:00 p.m. —Regular City Commission Meeting 14. Adjournment Mayor Castro adjourned the meeting at 7:45 p.m. CITY OF DANIA BEACH ATTEST: ANNE CASTRO l MAYOR-COMMISSIONER IODISE STILSON CITY CLERK Approved: November 8, 2005 Minutes of Regular Meeting $ Dania Beach City Commission Tuesday, October 11,2005—7:00 p.m.