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HomeMy WebLinkAbout2005-11-08 Regular City Commission Meeting Minutes MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, NOVEMBER 8, 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 Robert Sands, Griffin Road Baptist Church, gave the invocation and all remained standing for the Pledge of Allegiance to the United States Flag. 3. Roll Call Present: Mayor: Anne Castro Vice-Mayor: Patricia Flury Commissioners: Bob Anton John Bertino C.K. McElyea City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson 4. Presentations and Special Event Approvals There were no presentations at this meeting. 5. Proclamations There were no proclamations at this meeting. 6. Citizen Comments Patty Hart, 517 NE 2"d Place, President of the NE Dania Beach Property Owners Association, remarked the Association is opposed to the proposed zone change of the Resurrection Catholic Church property located on NE 2"d Street and NE 5`h Avenue. Patrick Vaccaro, 4600 SW 301" Way, is building a house on 45t" Street and the City stopped his construction five weeks ago. He stated the City wants him to sign a paper to combine two lots into one and they want him to redo the swales; however, the properties have been separate for years. He noted he has received nine inspections; plumbing, electrical and roof. Had he known they would have required him to combine the two properties, he would have centered the house and not placed it on one side. He indicated he would sign the agreement under duress but wanted everyone to be aware of his feelings. Laurence Leeds, Director of Community Development, advised there is a single 100 foot wide lot; and Mr. Vaccaro came in for a tree removal showing one house on a 100 foot lot. He came in after that for a building permit for a single home on the western 50 foot portion of the property. He acknowledged the Plan Reviewer issued the permit in error; the error was identified and Mr. Vaccaro was told he had two options. He could apply for a variance to the requirement so that he would later have the ability to build a second house on the easterly 50 foot portion of the property. The error was detected after the structure had been built; during the beginning of the roof. Vice-Mayor Flury commented Mr. Vaccaro should not have to bear the brunt of our error. If it had been detected during the early stages, she would concur, but due to the fact that the error was detected after the structure was up; he should not be penalized. City Attorney Ansbro responded in case law, the fact that someone makes an error and someone proceeds on the error; it does not justify the error. This is why there is a variance process that • would give him the relief. The applicant can pay for a variance to correct the mistake. Mayor Castro requested a motion to waive the variance application fee. Commissioner Bertino motioned to waive the variance fee for Mr. Vaccaro; seconded by Commissioner McElyea. City Attorney Ansbro commented Mr. Vaccaro needs to sign a document saying he is willing to proceed at his own risk. The risk is that if he cannot prove a legal hardship, which he cannot, the variance cannot be approved. Mr. Vaccaro agreed to sign the document. 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 Commissioner McElyea motioned to allow Mr. Vaccaro to proceed with his construction beginning tomorrow; seconded by Vice-Mayor Flury. The motion carried on the following is 5-0 Roll Call vote: Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,November 8, 2005—7:00 p.m. • Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes Joe Van Eron, President of Triangle Village, asked the Commission to help them move forward on a conclusion to the intersection modification at the intersection of Sheridan and SW 2°d Street. He noted the CPTED study of their neighborhood resulted in five options which were not acceptable. He passed out information to the Commission on the results of a meeting with BSO Chief Cowart and Fire Chief Land. He indicated they came to consensus for an intersection modification; a triangular island which would allow the neighborhood access on westbound Sheridan Street. It would also eliminate the north/south traffic and the dangerous left hand turns. He also suggested making SW 15th Street a one-way out. Commissioner Anton commented that he worked with Mr. Van Eron on this project and noted it was a viable solution. He suggested looking to fund this through the Neighborhood Improvement money. He thinks Mr. Van Eron should meet with the City Manager and start moving this forward. He asked to bring back cost estimates and alternate sources of funding. Jimmy Crimminger, 237 & 243 SE 151h Street, spoke on the efforts to provide services to our citizens after the storm. He thanked the City leaders, BSO, Fire Department, staff and volunteers for serving the citizens in a time of great need. • Mayor Castro commented a lot of people in the community worked many long hours after the hurricane and showed their humanitarian spirit during the emergency. This is what makes Dania Beach such a great place to live in Broward County. Pat Tyra, 2912 SW 541h Street, commented the Estates of Ft. Lauderdale have been overwhelmed and exhausted from the storm. She thanked the Mayor for arranging for them to receive ice and water. She thanked BSO Chief Cowart for delivering it personally, and the Fire Department also. She noted the Fire Department installed tarps on the roofs in the community and they appreciate it, and that Public Works cleared the streets and made the roads passable. She thanked everyone for responding to their needs. Robert De Joseph 407 SE 5th Street, thanked everyone for their assistance during the hurricane. He addressed low lying Palm Trees that are a safety concern for northbound traffic on Federal Highway and eastbound on SE 51h Street. He suggested removal of the trees because it is a hazard and impairment to traffic. He commented on the timeframe that PODS can be kept in residential driveways. Commissioner Bertino remembered the Commission had requested the City Attorney draft an ordinance addressing the issue. City Attorney Ansbro responded it is ready to go to the P&Z Board. Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,November 8, 2005—7:00 p.m. • 7. Consent Agenda Resolutions 7.1 RESOLUTION #2005-175 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AQUATIC FACILITIES MANAGEMENT AGREEMENT WITH JEFF ELLIS & ASSOCIATES, INC. D/B/A JEFF ELLIS AQUATIC MANAGEMENT, A TEXAS CORPORATION AUTHORIZED TO DO BUSINESS IN FLORIDA FOR THE PROVISION OF LIFEGUARD, OPERATION AND MAINTENANCE SERVICES FOR THE C.W. THOMAS PARK POOL AND THE P.J. MELI AQUATIC COMPLEX; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Vice-Mayor Flury motioned to approve the Consent Agenda; seconded by Commissioner Anton. The motion carried on the following 4-1 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino No 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 #2005-041 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 1, "GENERAL PROVISIONS", SECTION 1-8, "GENERAL PENALTY; CONTINUING VIOLATIONS; VIOLATION AS PUBLIC NUISANCE" TO AMEND THE IMPRISONMENT TERM FROM A PERIOD NOT EXCEEDING NINETY (90) DAYS TO A PERIOD NOT EXCEEDING SIXTY (60) DAYS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2005-041. He requested this item be continued until the City Commission meeting on Tuesday, November 22, 2005 at 7:00 p.m. because the first reading was at the meeting held at 4:00 p.m. and there should be ten days between readings. 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 continue Ordinance #2005-041 until the City Commission meeting on November 22, 2005 at 7:00 p.m.; seconded by Vice-Mayor Flury. The motion carried on the following 5-0 Roll Call vote: Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,November 8,2005—7:00 p.m. • Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes 9.2 RESOLUTION#2005-176 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING MODIFICATIONS TO THE APPROVED SITE PLAN SUBMITTED BY ELIAS MITRANI, MANAGING PARTNER FOR STIRLING LLC (FOREST VIEW ESTATES), FOR PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF STIRLING ROAD AND SW 35TH AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2005-176. He noted this is a quasi-judicial matter. Laurence Leeds, Director of Community Development, advised the applicant is requesting to change the homes previously approved to larger homes for 23 units, and to reduce the setback to ten feet. This is a Planned Unit Development, gated community and self contained. He is not making any recommendations for this request because it is a Planned Unit Development. Bonnie Miskel, Attorney for the applicant, commented the earlier model homes were smaller for the perimeter and the eight middle lots could have been any custom home. The market has • driven them to come back for modification because people want larger homes and the long narrow prototype is not desirable. People prefer to have larger backyards for pools and playground equipment. Manny Solovski, Architect for the project, commented the new L-shaped model home allowed them to develop larger homes. A third U-shaped model would be constructed in the center area. The original longer model homes would still be constructed along one side of the perimeter. He noted they are not reducing the pervious area that was approved in the original site plan. The price range for the homes is $750,000 to $1.5 million. Mr. Leeds expressed his concern about the ten feet between units and the noise that could be generated if air conditioners and pool pumps are installed in this area. He noted the architect has tried to arrange the homes so that there is a garage next to a garage, and no living unit next to a living unit. 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 #2005-176, Site Plan Modification; seconded .by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes • Commissioner Bertino Yes Mayor Castro Yes Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday,November 8,2005—7:00 p.m. . Commissioner McElyea Yes Mr. Leeds commented the Code has a provision that pumps and air conditioning units cannot be placed in a side yard. Because this is a Planned Unit Development, the Commission has the flexibility to allow the developer to install the equipment in this area. He noted the Commission has to stipulate the approval in their motion. Commissioner Bertino motioned to allow the installation of air conditioning units and pool pumps in the interior side yard area; seconded by Commissioner McElyea. Commissioner Anton made an amendment to the motion so that the homes would be garage to garage only. Commissioner Bertino added the amendment to his motion; 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 10. Commission Comments 10.1 Commissioner Anton • Commissioner Anton commented he saw many City employees, BSO and Fire Department personnel clearing debris and assisting people throughout the City after the hurricane. He was pleased to see this coordination between the departments and with the quickness of water service restoration. He was very impressed with everything he saw and thinks the employees need to be commended and taken care of. He advised the Melaleuca Homeowners Association would meet tomorrow night and Neil McAlilee would be the guest speaker on airport issues. 10.2 Commissioner Bertino Commissioner Bertino expressed kudos to the City workers and BSO. He was impressed with the way the people in Dania Beach came together after the storm. He is dismayed with FP&L and the condition of the poles before the hurricane. He commented the City would be watching their progress and other cities should do the same. 10.3 Commissioner McElyea Commissioner McElyea commented on the efforts of the clean up after the hurricane, and noted he is happy to help anyone in the community. He asked the City Manager the status of the marina because he has already received his bonus. Minutes of Regular Meeting Dania Beach City Commission Tuesday,November 8,2005—7:00 p.m. • City Manager Pato responded the legal paperwork remains to be done. The agreement with Mr. Snyder is finished for the transfer of the marina to the City; we are just waiting for the paperwork. City Attorney Ansbro responded the paperwork has gone through three drafts, and should go to Mr. Snyder's lawyer on Thursday. Mayor Castro commented it could be ready for the next Commission meeting. 10.4 Vice-Mayor Flury Vice-Mayor Flury thanked the entire City staff, BSO, and the many volunteers that helped out after the hurricane. She thanked the people attending tonight's meeting for thanking the employees. She commented there should be some action that could be taken against FP&L for the old telephone poles that fell on people's houses. She thinks someone from the City should attend the PSC public hearings and object to a rate increase when they request it. 10.5 Mayor Castro Mayor Castro noted she spoke with Senator Steve Geller's aide and he advised her they are requesting public hearings on the FP&L poles. She met with the president of FPL Florida and talked about replacing their infrastructure. She feels we need to work through the League and • Broward County government to keep the pressure on FP&L. She noted the wire traffic lights and street lights failed throughout the County, but those with metal masts did not, and it would cost approximately $2M to replace them throughout the County at major intersections. She will comment on the great work by City staff at the next meeting when Comcast is up and running. She acknowledged staff needs to be commended and should be rewarded with a party or something else. She mentioned the permit process would need to be changed to allow people to fix damage and asked the Community Development Director for recommendations. She thanked the City Manager for the terrific job he did this time and commented he should be commended. Commissioner McElyea commented the City of North Miami Beach hired an engineer to inspect the FP&L poles; he questioned if we could piggyback on this contract. Commissioner Anton mentioned the Mayor's involvement after the hurricane. She is the one who called President Bush's office in Washington and Governor Bush. He noted her efforts should be recognized. Vice-Mayor Flury commented the FP&L workers are wonderful and very polite. Her anger is with the administrative people at FP&L, not the workers. Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,November 8,2005—7:00 p.m. 11. Discussion and Possible Action There were no discussion items at this meeting. 12. Appointments There were no appointments at this meeting. 13. Administrative Reports 13.1 City Manager City Manager Pato asked Larry Leeds to explain what the City is doing to facilitate the permitting of repairs from the hurricane. He asked the City Attorney to discuss the Dania Woman's Club. He stated he is proud of everyone who stayed here for days without going home to check on their own properties, and of his wife for taking care of things at home. He discussed the FP&L issue where the PSC approved a rate increase for fuel charges, and recently they were compensated for the cost of other storms. He indicated that as long as they can pass the cost of doing business to customers they would not pass it on to stockholders. He thinks the City should have a seat at the table when the PSC has any meeting with FP&L. He would like the City Attorney to draft a letter to the PSC for us to be notified of any upcoming hearings in • Tallahassee. He would like the Commission to appoint someone to attend the meetings in Tallahassee. There has been a discussion as to if the PSC should return to being an elected body, as opposed to an appointed body by the Governor. He noted he also saw the volunteerism of the community after the storm. He remarked he offered FEMA to come to City Hall because this is where the citizens expect their services to be delivered. He acknowledged we should all be proud of the people who work here as well as the people who live here. Larry Leeds, Director of Community Development discussed the draft policy he established for code compliance after Hurricane Wilma. He noted this is for non-health/safety issues. Exceptions would be for pre-Wilma code citations, overflowing dumpsters, standing garbage or refuse, and zoning code use violations not directly related to hurricane rebuilding/recovery. Commercial and Residential properties would have a 30 day grace period after which violation letters would be sent. He acknowledged we would have to take into consideration the availability of supplies. He asked for guidance from the Commission. Vice-Mayor Flury thinks 30 days on roofs in unreasonable; it is impossible to get a roofer. She thinks we will be fixing roofs for a year. Mr. Leeds asked for a time period. Commissioner McElyea commented six months. Minutes of Regular Meeting $ Dania Beach City Commission Tuesday,November 8,2005—7:00 p.m. Commissioner Anton commented we need to be fluid, especially on roofs. He noted some people still have not had their roofs repaired from last year's storms. Mr. Leeds responded we could be very flexible; he would not set a time for roof repair. Many residents have begun the process of replacing portions of their homes without permits; we have advised them to apply for an after-the-fact permit within 30 days, without a penalty. Additional time may be extended. He thinks a temporary person would not be of use for permit processing. We have the ability to bring in additional County staff and are doing so now. He noted residents have been very cooperative in working with staff. He acknowledged the Fire Department, in terms of response, is the best he has ever worked with and noted they have done an outstanding job. He also acknowledged that Patty Varney did an exceptional job during the aftermath of the storm. Commissioner Bertino questioned the influx of unlicensed contractors and asked if there was anything we could do. Mr. Leeds responded we had the same situation before the storm, and we tell property owners they need a permit and that they are responsible for the work being done properly. He advised out of state contractors are not permitted to do work in Broward County. 13.2 City Attorney • City Attorney Ansbro reported the Woman's Club roof sustained damage; however the City does not own the building, only the land. However the building was on the City's insurance policy; we notified our agent and he advised we cannot claim the damage on our policy. Removing the building will save the City $5,500 on our insurance policy. We need direction from the Commission for the repairs. Commissioner McElyea commented Bonnie Temchuk, Assistant to the City Manager, has the contact information on the president. The building originally was a library for the Woman's Club; it never belonged to the City. Commissioner Bertino questioned if the building was built on public land, and there are no ownership documents; would it not be proper for the insurance company to pay for the repairs. City Attorney Ansbro responded we do not have coverage for something we do not own. We could make a claim on the property and see if it would stick. The Commission consensus was that the City owns the building because it is on City property. City Attorney Ansbro advised that Attorney Tim Ryan settled a Code Enforcement case without the Commission's authorization, but it was a minor case for $1,000 in administrative fees for a case we could not have collected on. The property was located at 31 SW 15th Street, owned by John Hedl. Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,November 8,2005—7:00 p.m. Commissioner Bertino motioned to authorize the settlement of the Code Enforcement case for property located at 31 SW 15th Street; seconded by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes City Attorney Ansbro advised the first Special Magistrate meeting is scheduled for Monday, December 121h, and the Code Enforcement Board could be phased out by January or February. He noted the Shopping Cart Ruling was won and you can now compel shopping centers with more than twenty carts to retrieve the carts on their property. If this is not appealed to the Supreme Court, he will draft an Ordinance for Commission review. Mayor Castro asked if there were any site plans from the architect for the Fire Station. Vice-Mayor Flury commented those plans were finalized over a year ago. City Manager Pato responded the hurricane set back his plans. He wanted an answer by the end of last month from the architect; otherwise, he wanted the services terminated and a new person hired. He remarked he is tired of this guy trying to get his act together and the Fire Chief knows what he has to do. Now that things are back to normal, the Chief has to call him and let him • know that he is not performing to our satisfaction. The only thing that was needed was a modification to the rear of the building to accommodate the BSO space and to change the entrance. Mayor Castro commented on prints given to us from our Sister City hanging in the Commission Chamber. She asked the City Manager to have digital photos taken and transmitted to our Sister City. 13.3 City Clerk—Reminders Tuesday, November 15, 2005 —4:00 p.m. - CRA Board Meeting Thursday, November 17, 2005 —6:00 p.m. —Abatement Hearing Tuesday,November 22, 2005 — 7:00 p.m. —Regular City Commission Meeting Tuesday, December 13, 2005 —7:00 p.m. —Regular City Commission Meeting 14, Adjournment Mayor Castro adjourned the meeting at 8:52 p.m. Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,November 8,2005—7:00 p.m. • CITY OF DANIA BEACH ATTEST: ANNE CASTRO MAYOR-COMMISSIONER LOUISE STILSON \' CITY CLERK . `Approved: November 22, 2005 • Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday,November 8,2005—7:00 p.m.