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HomeMy WebLinkAbout2005-12-13 Regular City Commission Meeting Minutes MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, DECEMBER 13, 2005 - 7:00 P.M. 1. Call to Order Mayor Castro called the meeting to order at 7:03 p.m. 2. Invocation and Pledge of Allegiance Mayor Castro gave the invocation and all remained standing for the Pledge of Allegiance to the United States Flag. 3. Roll Call Present: Mayor: Anne Castro Vice-Mayor: Patricia Flury Commissioners: Bob Anton John Bertino C.K. McElyea City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson 4. Presentations and Special Event Approvals 4.1 32°d Year Community Development Block Grant (CDBG) Presentation — Bonnie Temchuk Bonnie Temchuk, Assistant to the City Manager, advised CPTED studies were completed in September of seven areas within the City that were found to be eligible for CDBG funding. The studies included street lighting, traffic calming, drainage, sidewalks, beautification and signage needs. Staff recommended focusing on Census Tract 804.03, Block 2, to provide 69 street lights in a two phase project. It was proposed that funding be obtained through CDBG funds and the Neighborhood Improvement Bond. At the first public hearing, the Commission recommended that the design, surveying, engineering and permitting were to commence immediately upon submittal of the application and to be funded through the Neighborhood Improvement Bond in the amount of $160,000. The Commission also requested that all poles be constructed of concrete which added a cost of $400 per pole to the project. The revised estimated costs are $160,000 for design, engineering, surveying and permitting; Phase I will be $245,000 for the �. purchase and installation of 35 concrete poles, street lights and wiring, for a total cost of $405,000. Phase II would be $238,000 for the purchase and installation of 34 concrete poles, street lights and wiring. Phase I should begin in January 2006 and be completed in October 2007. Phase II would begin in November 2007 and be completed in June 2008. Mayor Castro opened the Public Hearing. William Walton, 228 SE Park Street, wanted to introduce the concept of solar lighting as an alternative to electric lighting. He noted this system is used in Hawaii. He commented that he spoke with the Mayor and Public Services Director about this suggestion. Seeing as there was no one else to speak in favor or opposition, Mayor Castro closed the Public Hearing. Dominic Orlando, Public Services Director, acknowledged the conversation with Mr. Walton and noted that he would research the possibility. Addendum 4.2 Presentation of Florida League of Cities Resolution to Commissioner John Bertino for more than twenty-five years of elected municipal service Mayor Castro presented Commissioner Bertino with a resolution and pin, presented by the Florida League of Cities, in honor of his years of service to the City of Dania Beach. Commissioner Bertino thanked the citizens for allowing him the privilege of serving for twenty- nine years. 4.3 Special Event request by the City of Dania Beach for the Enterprise Zone Redevelopment Kickoff to be held Thursday, January 12, 2006 from 3:00-5:00 p.m. at 49 N. Federal Highway (to also include a portion of NW I" Avenue) Vice-Mayor Flury motioned to approve the Special Event request for the Enterprise Zone Redevelopment Kickoff, including Street Closure, to be held on 'Thursday, January 12, 2006; 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 MMcElyea Yes 5. Proclamations There were no proclamations at this meeting. • Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday, December 13,2005—7:00 p.m. 6. Citizen Comments Jim Veach, representing Waste Management, advised the bulk collection service schedule would change effective January 2006. The change is necessary due to changes in their fleet maintenance program. Notices will be sent to everyone at the end of the week, and an ad will be placed in the Dania Press. George Jason, 4549 SW 37th Avenue, commented the Meli Park building should be made into a quality building to match the two pools, and he would like the Commission to consider making it a Hurricane Shelter. He remarked he objects to the "For Sale" signs in the downtown area because they are so large and it hurts our City. He is in favor of moving the City bank account to Community Bank. City Manager Pato responded the RFP for the Meli Park building is currently underway. Public meetings will be scheduled for the community to view the construction plans. He noted that C.W. Thomas Park would also be renovated as approved by the voters in the Bond Referendum. Kurt Ely, 245 SW 1st Avenue, Chairman of the Parks and Recreation Board and I.T. Parker Advisory Board, noted the RFP for improvements to I.T. Parker have been approved by the City Attorney and staff can provide the Commission with information. He noted the Parks and Recreation Board will review and make recommendations to the Commission for rental rates for Frost Park in January. • Pat Tyra, 2912 SW 541h Street, alerted everyone that the Estates of Ft. Lauderdale was approached by the County last year to negotiate taking some of their land. During their meeting, they asked FDOT to consider a traffic light at the intersection of 53`d Court and Anglers/Ravenswood Way. She suggested the City discuss this traffic light with FDOT during the beautification project at that intersection. Cynthia Reese, 45 NW IOth Court, Concerned Citizens of Dania, spoke about the MLK celebration. She asked the Commission for financial help in the amount of$3,00045,000. Mayor Castro noted she has been attending the committee meetings, and they are trying hard to collect money and get involvement from the community. She asked the Commission for a motion to spend up to $5,000, as necessary. Vice-Mayor Flury remarked there is a line item in the budget for this event in the amount of $5,000; no Commission action is needed. City Manager Pato acknowledged the money is in the budget. Bonnie Miskel, Attorney for Israel Kushnir, 109 Park Plaza, advised staff asked them to appear tonight and give a progress report on the project. She noted they have prepared a marketing pamphlet; they have negotiated a contract for a sales center; they have had continuing discussions with staff concerning water/sewer and infrastructure items; they have a construction • drawing contract from the architect; and they have worked with her office in preparation of fees Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,December 13,2005—7:00 p.m. and costs associated with construction. They are about to commence with the actual drawings, however they continue to have concerns about water and sewer availability at the site. She noted they should be coming on line at the same time the City comes online with the infrastructure improvements. Commissioner Bertino questioned the availability of water. Dominic Orlando, Public Services Director, commented we have two projects being designed that are almost complete; one for the Water Tank, the other is for the main lines from the plant to Federal Highway and Dania Beach Boulevard. We are waiting for the railroad permit; we have FDOT and Health Department permits. The RFP should be advertised shortly. The main water line is a 12 month construction period; the tank is 18 months or longer. As soon as the water lines are in, we can give them the volume and pressure needed. Attorney Miskel commented this timeframe should coincide with their schedule. She anticipated construction should take 18 months. Vice-Mayor Flury asked when the height variance expires. Laurence Leeds, Director of Community Development, responded February, 2006, if the building permit has not been obtained. Attorney Miskel acknowledged they would probably be required to come back to the Commission for an extension of the variance. Commissioner McElyea asked about purchasing water from the City of Hollywood. Mr. Orlando responded we still need infrastructure to get water from that connection to the center of town. In order to use Hollywood water, we would need to rebuild our entire water distribution system from their connection points, and it would be more expensive to move in this direction. 7. Consent Agenda Items added to Consent Agenda: #7.11 Items removed from Consent Agenda: #7.2, #7.7, #7.9, and#7.11 7.1 Minutes: Approve minutes of Regular City Commission meeting of November 22, 2005 7.2 Travel Requests: Travel request of City Manager Ivan Pato to attend the National-Council of Legislators from Gaming States (NCLGS) Winter Meeting in San Diego, California, on January 5-9, 2006. (Estimated cost $1,672.32) Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday, December 13,2005—7:00 p.m. • Commissioner McElyea questioned the advantage of attending the conference. City Manager Pato responded this is the same conference the City attended in Key West and New Orleans. These are people who represent cities where gambling exists. He noted we have a casino coming to town, and this is consistent with our attendance at the last two meetings. This also was approved during the budget process. Commissioner McElyea remarked the City is on autopilot when the City Manager is out of town. City Manager Pato responded he does not understand Commissioner McElyea's point. He suggested the Commission vote it down if they feel it is not necessary. Commissioner McElyea commented Jai-Alai is playing games and he is not happy with the situation. City Manager Pato remarked Vice-Mayor Flury attended the last conference and she can help him understand why this conference is important. Vice-Mayor Flury remarked this is not a large dollar amount, and she is not bothered by the expenditure. She noted the City Manager has a travel budget and reports everyplace he travels, and she thinks this is a valuable conference. There is more to gaming than slots and it is important to be around the people involved in this activity. She indicated we have a good City • staff and in the City Manager's absence, the Department Heads are available. Vice-Mayor Flury motioned to approve the City Manager's travel; seconded by Commissioner Anton. The motion carried on the following 4-1 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner 13ertino Yes Mayor Castro Yes Commissioner McElyea No Resolutions 7.3 RESOLUTION#2005-188 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR THE 32°1 YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (2006-2007) IN THE APPROXIMATE AMOUNT OF $245,000.00, TO PROVIDE FUNDING FOR THE STREET LIGHTING PROJECT LOCATED IN CENSUS TRACT 804.03, BLOCK 2; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE APPLICATION; FURTHER, AUTHORIZING THE ACCEPTANCE AND EXECUTION OF THE GRANT AGREEMENT UPON ITS AWARD (AND ANY TIME EXTENSIONS, IF DEEMED NECESSARY); AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO IMMEDIATELY BEGIN THE DESIGN, PERMITTING, ENGINEERING AND ALL ASSOCIATED ITEMS REQUIRED TO INSTALL STREET LIGHTING IN AN AMOUNT OF APPROXIMATELY $160,000.00 WITH FUNDING FROM THE NEIGHBORHOOD IMPROVEMENTS BOND PROGRAM; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. • Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday, December 13,2005—7:00 p.m. • 7.4 RESOLUTION#2005-187 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO THE I.T. PARKER ADVISORY BOARD, THE PARKS AND RECREATION ADVISORY BOARD, THE MARINE ADVISORY BOARD AND THE PLANNING AND ZONING BOARD TO SPECIFY THAT ANY BOARD MEMBER WHO MISSES THREE BOARD MEETINGS WITHOUT EXCUSED ABSENCES WILL BE REMOVED FROM THE APPLICABLE BOARD; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION#2005-189 Revised A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE CITY LAPTOP COMPUTERS, WARRANTIES AND ASSOCIATED VEHICLE EQUIPMENT IN AN AMOUNT NOT TO EXCEED $18,000.00 FROM INSIGHT PUBLIC SECTOR, INC., PURSUANT TO STATE OF FLORIDA I.T. HARDWARE CONTRACT NO. 250-000-03-1; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION#2005-190 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE EXPENDITURE OF A SUM NOT TO EXCEED $30,000.00 FROM THE GENERAL OBLIGATION BOND FUNDS RELATED TO NEIGHBORHOOD IMPROVEMENTS FOR A TRAFFIC CALMING PROJECT PERTAINING TO S.W. 2ND AVENUE AND SHERIDAN STREET; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.7 RESOLUTION#2005-166 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A MAINTENANCE, INDEMNIFICATION AND WORK AGREEMENT ON BEHALF OF THE CITY WITH SHERIDAN HOUSE, INC., A NOT FOR PROFIT FLORIDA CORPORATION, TO ALLOW IT TO RETAIN AN ENTRANCE GATE LOCATED WITHIN A CITY RIGHT-OF-WAY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2005-166. Commissioner Bertino remarked City right-of-ways are owned by the people of Dania Beach. He does not want to set precedent and wants to insure we are properly indemnified. City Attorney Ansbro responded we are fully insured and indemnified, and we inherited this from the County. Commissioner Bertino motioned to approve Resolution #2005-166; 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 • Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday, December 13,2005—7:00 p.m. 7.8 RESOLUTION#2005-192 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE ROAD RESURFACING SERVICES IN AN AMOUNT NOT TO EXCEED$240,000.00 IN FISCAL YEAR 05/06, FROM FLORIDA HIGHWAY PRODUCTS, INC. UNDER PALM BEACH COUNTY BID 03/04- 06; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.9 RESOLUTION#2005-193 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A TRAFFIC BEAUTIFICATION AGREEMENT ON BEHALF OF THE CITY WITH BROWARD COUNTY, PERTAINING TO IMPROVEMENTS TO A PORTION OF RAVENSWOOD ROAD (ANGLERS AVENUE) WHICH PORTION LIES BETWEEN STIRLING ROAD AND GRIFFIN ROAD; FURTHER, AUTHORIZING SUCH OFFICIALS TO EXECUTE AND GRANT TO BROWARD COUNTY A QUIT CLAIM DEED, A UTILITY EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT RELATED TO THE SAME PROJECT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2005-193. Mayor Castro noted she pulled this because Ms. Tyra spoke about the ongoing negotiations with FDOT. She asked if the City wanted to consolidate the negotiation. City Attorney Ansbro responded a traffic light did not enter into the discussions with FDOT; it is • a conveyance for a strip of land to install a wall and fence to protect the park that we intend to construct around the lake. Dominic Orlando, Public Services Director, responded this is a Broward County project. He thinks they need 3-4 more parcels of land and are having problems obtaining it. We have no input on what they are doing on the project. He could ask if they are willing to put in a traffic light. Commissioner Anton remarked the traffic light needs to be made an issue, and also a pedestrian crosswalk. Vice-Mayor Flury commented the traffic light issue should not hold up the improvements. Vice-Mayor Flury motioned to approve Resolution #2005-193; 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 • Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday, December 13,2005—7:00 p.m. • Ordinances ('Title read by City Attorney) 7.10 ORDINANCE #2006-001 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE "DANIA BEACH AIR& PORT COMMERCE CENTRE" PLAT, SUCH PROPERTY BEING GENERALLY LOCATED AT THE NORTHWEST CORNER OF BRYAN ROAD AND WEST DANIA BEACH BOULEVARD IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF THE"DANIA BEACH AIR&PORT COMMERCE CENTRE" PLAT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Addendum 7.11 RESOLUTION#2005-194 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO GRANT A PERPETUAL EASEMENT ON BEHALF OF THE CITY OF DANIA BEACH TO THE FLORIDA DEPARTMENT OF TRANSPORTATION, TO ALLOW THAT DEPARTMENT TO CONSTRUCT AND MAINTAIN A TRAFFIC SIGNAL MAST ARM AND RELATED EQUIPMENT IN CONJUNCTION WITH IMPROVEMENTS TO THE INTERSECTION OF STIRLING ROAD (STATE ROAD NO. 848) AND BRYAN ROAD; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. • City Attorney Ansbro read the title of Resolution#2005-194. Commissioner Bertino motioned to approve Resolution #2005-194; 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 Commissioner Bertino motioned to approve the Consent Agenda, with the addition of Item #7.11 and the exception of Items #7.2, #7.7, #7.9, and #7.11; 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#11.1 was heard after the Consent Agenda. 8. Bids and Requests for Proposals • There were no proposals at this meeting. Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday, December 13,2005—7:00 p.m. 9. Public Hearings and Site Plans Item 49.1 was heard after Item #11.1. City Attorney Ansbro advised the two items were quasi-judicial matters and swore-in those who would speak. He asked the Commission to disclose any communication they had on these matters. 9.1 RESOLUTION#2005-183 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY GENE BIEBER, ON BEHALF OF THE PROPERTY OWNERS JOSEPH AND MICHAEL MANCUSI, FOR PROPERTY LOCATED AT 142 SW 1 AVENUE, DANIA BEACH FROM CHAPTER 26, "VEGETATION", ARTICLE VI, "LANDSCAPING" AND CHAPTER 28, "ZONING", ARTICLE 6.21 OFF- STREET PARKING REQUIREMENTS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2005-183. Corinne Church, City Planner, asked for a continuance until the next regular City Commission meeting on Tuesday, January 10, 2006 at 7:00 p.m. Vice-Mayor Flury motioned to continue Resolution #2005-183 until the City Commission meeting on January 10, 2006 at 7:00 p.m.; seconded by Commissioner MMcElyea. 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 42005-191 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY COKER AND FEINER, ATTORNEYS, ON BEHALF OF THE PROPERTY OWNER EVAGELIA GLARENTZOS, FROM CHAPTER 28, "ZONING", ARTICLE 28, "SIGNS", FOR PROPERTY GENERALLY LOCATED AT 1554 SOUTH FEDERAL HIGHWAY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2005-191. Rob Feiner, Attorney for the applicant, advised they concur with everything in the staff report. He noted the turning radius of a fuel tanker truck would hit the monument sign if it is placed in accordance with City Code. This variance would allow for a safe traffic movement in and out of the site without any danger of hitting the sign. The proposed sign meets all of the requirements of the Code, other than the location. He noted that staff required a beautification plan to help the Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday, December 13,2005—7:00 p.m. appearance of the site before the installation of the sign, and they have agreed to those conditions. Corinne Church, City Planner, noted the size of the sign meets code requirements, and a beautification plan has been submitted and would be implemented prior to permit of the sign. Staff recommends approval provided the beautification plan be implemented prior to building permit issuance. Commissioner Anton questioned if there was an ongoing code issue with the property. Mr. Feiner responded the code case is currently under continuance to enable them to move forward with the variance. He advised the station is also changing brands of gasoline which should help with the beautification of the site. He indicated a three month period should be required for all changes. Vice-Mayor Flury remarked the property is a dump and is an embarrassment to the City. Laurence Leeds, Director of Community Development, reported the property has been a source of code issues for five years. The building needs to be repainted and we want more landscaping on the property. He indicated the applicant objected to additional landscaping because it would inhibit the movement of traffic on the site. However, the Commission can make it a condition to add additional landscaping and repaint and clean the building. Vice-Mayor Flury wants an improved beautification plan. Attorney Feiner responded the building will be repainted; they can potentially add planters with trees around the gasoline pumps, but they are concerned about traffic circulation if landscaping is required. He noted the variance is required because of the threat of tanker trucks hitting the monument sign and not being able to see to make safe traffic movement. Vice-Mayor Flury remarked they should only have a gas station and eliminate the auto repair. Mr. Leeds suggested the Commission continue this item until the next meeting. He suggested they also require the removal of a large steel container in back of the building that appeared several years ago without a permit. The structure was approved by a former Building Department employee who is no longer with the City. Attorney Feiner noted the existing auto repair use is grandfathered, and the issuance of the monument sign does not have anything to do with the ongoing use. He will look into the steel container issue, however he is hearing that the applicant received permission to install it. City Attorney Ansbro remarked no hardship has been demonstrated for the variance. Mr. Leeds remarked the structure did just appear, it was never approved by the City. Attorney Feiner responded if it was not approved, they will remove it. Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday, December 13,2005—7:00 p.m. ® Mayor Castro wants to insure the property will be maintained after approval is granted. Mayor Castro opened the Public Hearing, Joe Van Eron, 1500 SW 2nd Avenue and President of the Triangle Village Civic Association, remarked this is the cornerstone of the eyesores on Sheridan Street. He remarked the owner also owns the land directly to the west and the bar that is boarded up two doors down. He noted the cement wall in the alley was destroyed during the hurricane, and public drinking is allowed on the property. Teddy Bohanan, SW 15`" Street, stated this is a perfect place for drugs. Jimmy Crimminger, 243-237 SW 15t" Street, remarked the property is deplorable and he appreciated the Commission's stand for the neighborhood. Seeing as there was no one else to speak in favor or opposition, Mayor Castro closed the Public Hearing. Vice-Mayor Flury motioned to continue Resolution #2005-191 until the City Commission meeting on .January 10, 2006 at 7:00 p.m.; 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 10. Commission Comments 10.1 Commissioner Anton Commissioner Anton congratulated Carmella Inglisi on her appointment as president of the Griffin Road Civic Association. He wished everyone a Happy Holiday and a safe and prosperous New Year. 10.2 Commissioner Bertino Commissioner Bertino commented on the lights on Federal Highway that do not work. He noted people complain about the lack of advertising by the City and we need to do something about it. He recalled he suggested $10,000 for advertising, specifically in the Dania Press. He has not seen much advertising going on and does not recall if the money was taken out of the budget. If it was taken out, it needs to be put back in. Vice-Mayor Flury remarked it is important to publish a schedule of events, which we still do. She does not remember budgeting money for advertising and would prefer leaving it to the City Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday, December 13,2005—7:00 p.m. Manager's discretion. She feels we should utilize the water bill for advertising, even if it is only directed to a portion of the City. A City newsletter should go out to all the residents; this is where money should be allocated beginning in next year's budget. Mayor Castro believes in multi-channel; she has no objections to the Dania Press, water bills, community calendar, and radio stations. She thinks the City should have a standard press release. Commissioner Bertino would like the Dania Press to be used to spur people into action. He noted many of our events were sparsely attended because nobody knew about them. He wished everybody a Merry Christmas and a Happy Holiday. 10.3 Commissioner McElyea Commissioner McElyea commented the water bill was once used to advertise placing address numbers on the side of the house that faces the alleyway. He would like this to be run again because not everyone installed the house numbers. He wished everyone a Happy Holiday and prosperous New Year. 10.4 Vice-Mayor Flury Vice-Mayor Flury wished everyone a Merry Christmas, Happy Holiday, Happy New Year and good health. She noted the problem with the lights on Federal Highway needs to be addressed in ® the next few months. She commented the Bus Schedule should be adjusted to extend beyond 5:00 p.m. in next year's budget. She reported to Mr. Leeds that she would prefer to have park space in the Aqua Isles subdivision. Laurence Leeds, Director of Community Development, remarked it would be helpful to know how the other Commissioners feel. Vice-Mayor Flury commented a number of marinas are out of commission and people with small boats are having difficulty with storage. Our Code has a provision that boats can be kept in the back yard provided it is not seen. Laurence Leeds, Director of Community Development, reported the boat needs to be located in the backyard, not hidden. However, some parts of the City have different requirements. We need to rezone the former unincorporated areas to City zoning designations; the only concern is that some of the City designations are more restrictive than the County. He recommended we evaluate our zoning regulations for single family areas and amend it for the City, and then apply it out west. He suggested this be addressed in a workshop. 10.5 Mayor Castro Mayor Castro advised the Power Boat Races are considering options, such as relocating to Hallandale or Hollywood due to the refueling issue. She congratulated several people and organizations for various reasons. She thanked Vice-Mayor Flury for filling in for her at the Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday, December 13,2005—7:00 p.m. Marine Association of South Florida and congratulated her for sponsoring the Tethering Ordinance. She noted several airport issues were discussed at today's County Commission meeting; we tried to get them to delay some of their decisions, but it did not work. The Atlanta Village Marina on Griffin Road was approved but may interfere with the runway configurations, and they may look to us for help. She advised that Kari Post, from FLA USA Visit Florida, will be at City Hall on Friday for a presentation to the Dania Beach Tourism Council; all the Commissioners have been invited to attend. There will be an Enterprise Zone event on January 12, 2006 on NW 1st Street. The Dr. Martin Luther King, Jr. event will hold a banquet at I.T. Parker on January 6; a gospel program will be held on January 13; and a breakfast, parade and program will be held at C.W. Thomas Park on January 16, 2006. She asked for an update on the Dumpster Ordinance. Laurence Leeds, Director of Community Development, had no new information on the dumpster ordinance; he has a draft ordinance for PODS; and is working on an administrative variance ordinance. City Attorney Ansbro is working on an ordinance requested by the Vice-Mayor for an amortization period to extinguish the outdoor storage uses in the west; the dumpster ordinance will need to be resurrected. Mayor Castro wished everyone a happy and safe holiday, and a prosperous and healthy New Year. Item #11.2 was heard after Commission Comments. 11. Discussion and Possible Action Item #1 L I was heard after the Consent Agenda. 11.1 Special request by the Meadowbrook Lakes View Condominium Association regarding removal of a mahogany tree and replacement of two (2) live oaks located between buildings "H" (301 SE 3`d Street) and "G" (321 SE 3`d Street) — Community Development Laurence Leeds, Director of Community Development, advised City Code requires Commission approval for removal of the mahogany tree because of its size. He noted the tree has some branches missing, but is in good condition. The residents are concerned about public safety and the possibility of the tree coming down during another hurricane. It is a healthy tree, however if removed, the condominium association would be required to plant two new oak trees within 60 days of removal of the mahogany tree. The association also asked for a waiver of the tree removal fee of$110. Steven Sawyer, 311 SE 3`d Street, stated the tree knocked out windows during Hurricane Wilma and needs to come down. Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday, December 13,2005—7:00 p.m. Commissioner McElyea motioned to approve the removal of the mahogany tree to be replaced by two live oaks located between buildings "TI" and "G"; 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 MMcElyca Yes Item #9, Public Hearings and Site Plans, was heard after Item #11.1 Item #11.2 was heard after Commissioner Comments. 11.2 Discussion of possible landscape Code revisions due to experiences with recent hurricane seasons—Commissioner Anton Commissioner Anton commented trees, especially in alleyways, take out power lines during hurricanes. He thinks this issue needs to be addressed by the City; FP&L is responsible but we need to create an ordinance to make homeowners responsible. He also wants something for new projects involving replanting of trees so they are not planted under power lines. We also need to look at what types of trees are planted. Laurence Leeds, Director of Community Development, responded he would work on it. Mayor Castro asked the City Manager about the program he tried to work on with FP&L for a pole maintenance program. City Manager Pato responded no progress has been made. He offered FP&L, in return for training, access to City crews to help us identify the poles that may need maintenance. We would not fix the poles,just be trained in what to look for. He has not heard from FP&L. Commissioner McElyea commented the City planted trees on Phippen Road that are now in the power lines and should be transplanted elsewhere. 11.3 Discussion of transferring City accounts from Wachovia Bank to Community Bank — Commissioner McElyea Commissioner McElyea commented Community Bank has always been there for us; they are involved in the community and participate in activities. He is irritated with Wachovia Bank because they took a $100 maintenance fee from the Dania Historical Society account without letting him know in advance. Mayor Castro asked how often the City puts out an RFP for banking services. Patricia Varney, Director of Finance, responded the City has not gone out for an RFP since she has been here. She indicated that other cities do go out for RFP. She could provide an activity report to the banks which could be used to provide us with a cost for services. She Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday, December 13,2005—7:00 p.m. • recommended going out for RFP, but noted that the bids would need to be analyzed after received. The process should take four to five months, and there is a very complicated transition period when the switch is made. City Attorney Ansbro recommended deferring a decision until he has time to examine if there is a conflict of interest for those holding shares in Community Bank. He asked which Commissioners had an interest in the bank. Commissioners Bertino and Flury own shares in Community Bank. Mayor Castro commented the appearance is not good for transferring funds to a bank if you have an interest in that bank. Vice-Mayor Flury commented we should go out to bid for banking services every three years; this should be policy. She indicated Community Bank supports everything the City does; Wachovia Bank gives nothing to the City. She is in favor of going out to bid. Commissioner Anton likes dealing with a bank that is in Dania Beach and involved in the community. Mayor Castro is concerned about Community Bank's capability of providing all the services the City requires. She is in favor of going out for an RFP. Commissioner Bertino commented an RFP is a good idea. He has no problem in not voting because he has stock in Community Bank. He agrees with everyone regarding using services by companies who provide community service. We need to do business with people in the City. Ms. Varney asked for clarification on how many extra points should be awarded to local vendors in the RFP process. Vice-Mayor Flury asked that the RFP be reviewed by the Mayor and she could be the Commission representative. Mayor Castro suggested awarding bonus points for local banks. 11.4 Request for Motion to appropriate from the City of Dania Beach Law Enforcement Trust Fund, the amount of $1,647.00, to cover the cost of Lieutenant Barbara Stewart's Code Enforcement training classes, for certification purposes — Chief Cowart BSO Chief Brian Cowart noted the purpose of training is to provide the BSO with someone who could train other officers on Code Enforcement issues. He acknowledged they sometimes respond to code issues that they do not understand. This training would directly benefit the City of Dania Beach. Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday,December 13,2005—7:00 p.m. Commissioner Bertino motioned to appropriate $1,647 from the Law Enforcement Trust Fund for Lieutenant Stewart's Code Enforcement training classes; seconded by Vice- Mayor Flury. Commissioner McElyea asked if we were trying to outsource Code Enforcement. BSO Chief Cowart responded he has not been approached. City Manager Pato commented he has not had any discussions regarding outsourcing Code Enforcement. We are better equipping our Code Officers to make them more productive and spend more time in the field. He has heard the same rumors, and has met personally with the Code Enforcement officials to give them assurance that we are not considering outsourcing. 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 11.5 Discussion of Pension Plans for future hires—City Manager City Manager Pato asked to continue this item indefinitely. 12. Appointments Vice-Mayor Flury appointed Loretta Murray to the Airport Advisory Board. She noted she would not appoint anyone to the Neighborhood Improvement Advisory Board and wants this removed from the agenda. Commissioner Anton motioned to approve the Board appointment; 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 13. Administrative Reports 13.1 City Manager City Manager Pato commented the slots regulations should be written within 180 days. He met with the Police Chief and Fire Chief to insure a contingency plan is in place that could be activated on short notice should slot machines begin to arrive. He indicated changes would be coming, but would be manageable and challenging. He does not see redevelopment of the site as Minutes of Regular Meeting 16 Dania Beach City Commission Tuesday, December 13,2005—7:00 p.m. happening in the near future because the slots issue may be placed on the ballot for repeal in two years. He advised staff is working on a customer satisfaction survey that would be mailed to the citizens in February. He indicated we are looking at supplementing our advertising with other mediums, such as radio, beginning as early as February. Our newsletter will now be bi-monthly instead of quarterly, and we have added more information to our website. Dania Beach is the place in Broward County where things will happen next. He commented that staff wishes everyone a Happy Holiday season and a prosperous New Year. 13.2 City Attorney City Attorney Ansbro advised the vehicle impoundment ordinance that has been in suspension for the past two years, will be heard February 7`h. The suit is also against the City of Hollywood, and we could have a ruling within three to six months after the oral argument in February. The first Special Magistrate meeting was held last night, and the Code Enforcement Board will begin to wind down. He commented the City will thank the Board members for their years of service. He provided an update on the Dania Beach Hotel. The City Manager met with them earlier tonight; Attorney Bonnie Miskel sent a proposed agreement for he and Larry Leeds to review as to her client's commitment to have the building demolished and a new one constructed. He and Mr. Leeds sent back a detailed response to the agreement, which was much different from what they proposed. He indicated we are far from agreeing what should to be done; however, we need to come to a resolution within the next week. Vice-Mayor Flury remarked this should have been resolved today. City Attorney Ansbro responded he had not heard from the attorney and we did not have a chance to meet with her. He indicated if we had to go to condemnation, and the details of a settlement were worked out while we were in court, that could be done. He commented eminent domain may be the way to go and it prods people into doing what they need to do. He noted the status of the Fire Station project is moving forward quickly. Commissioner Anton suggested the City Attorney make some things a priority. City Attorney Ansbro reported the marina documents were sent to Steve Snyder and he will respond this week. 13.3 City Clerk—Reminders Tuesday, January 10, 2006 - 7:00 p.m. —Regular City Commission Meeting Thursday, January 19, 2006— 6:00 p.m. —Abatement Hearing Tuesday, January 24, 2006 - 7:00 p.m. —Regular City Commission Meeting 14. Adjournment Mayor Castro adjourned the meeting at 9:56 p.m. Minutes of Regular Meeting 17 Dania Beach City Commission Tuesday, December 13,2005—7:00 p.m. CITY OF DANIA BEACH ATTEST: ANNE CASTRO MAYOR-COMMISSIONER 0A _4 LOUISE.'STILSON`, ; ,\ \CITY CLERK Approved: January 10, 2006 Minutes of Regular Meeting 18 Dania Beach City Commission Tuesday,December 13,2005—7:00 p.m.