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HomeMy WebLinkAbout583 - MINUTES - City Commission MINUTES DANIA BEACH CITY COMMISSION REGULAR MEETING FEBRUARY 10, 2004 7:00 P.M. 1. CALL TO ORDER: Mayor Anton called the meeting to order at 7:00 p.m. 2. INVOCATION AND PLEDGE OF ALLEGIANCE: *Rev. Gregory Pope, Bethel Missionary Baptist Church 3. ROLL CALL: Present: Mayor: Bob Anton Vice-Mayor: C.K. McElyea Commissioners: Robert Chunn Pat Flury Bob Mikes City Attorney: Tom Ansbro City Manager: Ivan Pato Acting City Clerk: Miriam Nasser 4. PRESENTATIONS AND SPECIAL EVENT APPROVALS: 4.1 Presentation on Sister City of Fredensborg-Humlebaek, Denmark. (City Manager) City Manager Pato explained that the City of Dania Beach, Florida and the City of Fredensborg- Humlebaek, Denmark had exchanged presentations as part of the Sister City Program and showed the power point presentation from Denmark. At the conclusion of the presentation, City Manager Pato commented that there was a population of about 20,000 people with about 1700 people employed in their government. He explained the high rate of government employees occurred because they were responsible for their own schools, hospitals, nursing homes, etc. He stated that, in addition to the regular property taxes, the people in Denmark paid income taxes at a rate of approximately 68%, which included the cost of education and healthcare. City Manager Pato had also found it interesting that many of Dania Beach's original founders had been traced to this particular city. 4.2 Request for a Special Event to allow a Lael Baptist Church Block Party at the vacant lot to the south of the Church building, SW 14th Street and SW 4th Avenue, on February 21, 2004 from 9:00 a.m. to 6:00 p.m. MINUTES 1 FEBRUARY 10, 2004 CITY OF DANIA BEACH Corinne Church, City Planner, explained that Lael Baptist Church had requested a Special • Event permit for a one-day block party scheduled for February 21, 2004 and stated that the Fire Marshal and Broward Sheriff's office had reviewed the request and both had recommended approval provided the applicant addressed conditions identified in the staff report. A motion was made by Vice-Mayor McElyea, seconded by Commissioner Chunn, to approve the request with the following conditions: 1) No outdoor music permitted (Source of music must be located within the church); 2) Music must not be permitted to disturb individuals residing adjacent to the church; 3) Outdoor activities restricted to church parking lot; 4) Vacant lot south of church to be used for parking only; 5) Emergency vehicle access shall be maintained on all public streets and all fire hydrants must remain accessible; 6) Event duration: February 21, 2004 (9:00 am to 6:00 pm); 7) BSO to enforce Conditions 1-6. The motion passed on the following 5-0 roll call vote: Commissioner Chunn —yes Vice-Mayor McElyea —yes Commissioner Flury —yes Mayor Anton —yes Commissioner Mikes —yes 5. PROCLAMATIONS: 5.1 Proclamation declaring the month of February, 2004 as "Black History Month" in the City of Dania Beach. • Mayor Anton read the Proclamation and presented it to Bobbie Grace. Bobbie H. Grace, keynote speaker for Black History Month, thanked the Mayor for the Proclamation and stated that it would be read again at Trinity Baptist Church on February 28, 2004. She reminded the public that the month of March would be Women's History Month and that former Commissioner Sylvia Portier would be speaking at St. Ruth Missionary Baptist Church on the third Sunday in March. Commissioner Chunn recognized former Commissioner Albert Jones for his many accomplishments. 5.2 Proclamation declaring the week of February 22-28, 2004, "National Engineers' Week" in the City of Dania Beach. Mayor Anton read the Proclamation declaring February 22-28, 2004 as "National Engineers' Week." 6. CITIZENS' COMMENTS: 6.1 George Jason, 4549 SW 37th Avenue, was concerned that there had been no American Flag in the Conference Room for over 2 months and stated that a larger American Flag should be properly displayed in the Commission Chambers. MINUTES 2 FEBRUARY 10, 2004 • CITY OF DANIA BEACH . City Manager Pato explained that a new flag had been ordered and assured citizens that the situation was being corrected. 6.2 Rosie Belser, 1185 SW 5th Court, was concerned about drug trafficking in her neighborhood and listed apartments that were known to sell drugs. She.described the profanity, fighting, and litter that occurred in her neighborhood and requested crime prevention programs be implemented in the area. Commissioner Chunn commented on the courage of Ms. Belser and promised to take care of the drug dealers. In response to Commissioner Mikes question concerning whether or not the drug situation in her area had improved over the last three years, Ms. Belser stated that the situation had improved until about five months ago when another bad group came back. Chief Cowart reported that deputies had concentrated in that area over the last several months and had made several arrests. He stated they had worked closely with the landlord and described the constant battle present in that area with arrests being made almost daily. He clarified that the landlords were being cooperative and that the source of the problem was with tenants who did not care about the property. Commissioner Mikes suggested that the City Manager and Chief Coward met with the landlord in reference to nuisance abatements and come back to the Commission with a report. ® City Manager Pato commended Ms. Belser for her courage and stated that he had visited the area with Commissioner Chunn and had consulted with Chief Cowart and would bring a report back to the Commission at an appropriate time. He assured the Commission and residents that something was being done. Commissioner Flury wanted to see the City be more aggressive with the Nuisance Abatements and stated that the committee had not met in more than 10 months. She felt that Nuisance Abatement Board should take some significant action. Commissioner Chunn spoke about his background and reiterated the dangerous situation that Ms. Belser was in and promised protection for her. Vice-Mayor McElyea admired Ms. Belser for coming forward as she did, but stated that sometimes deputies did not get the support they needed from the neighborhood. He encouraged the neighbors in that area to be as supportive of the deputies as she had been. Commissioner Chunn felt that the neighbors in that area would be very supportive. Commissioner Mikes felt the problem originated with too many rental property areas in Dania Beach where the owners did not live in the neighborhood and stated that in some areas up to 75% of the neighborhoods were rental units. He felt the solution was to have more owner- occupied units and less rentals. MINUTES 3 FEBRUARY 10, 2004 CITY OF DANIA BEACH Mayor Anton asked Chief Cowart if he needed any additional resources, such as a Code Team, ® to assist him in having drug activities eliminated. He commended Ms. Belser for attending the meeting and expressing her concerns. 6.3 Charlene Scalese, 826 NW 13th Avenue encouraged the public to pay better attention to their local government and to get involved in community issues to prevent this city from becoming a miniature Hollywood or another major Fort Lauderdale. 6.4 Mayor Anton called Iris Diaz, 2300 Madison Street, #105, who had completed a form for addressing the City Commission but she did not respond or approached the Commission at this time. ITEMS PULLED FROM THE CONSENT AGENDA: VICE-MAYOR MCELYEA PULLED ITEM 7.12; COMMISSIONER MIKES PULLED ITEMS 7.7 AND 7.9. 7. CONSENT AGENDA (INCLUDING EXPENDITURES): 7.1 MINUTES: • Approval of minutes for Regular Meeting of January 27, 2004 • Approval of minutes for Workshop Meeting of November 18, 2003 • Approval of minutes for Workshop Meeting of April 30, 2003 7.2 TRAVEL EXPENDITURES: NONE 7.3 Bills: NONE OResolutions — 7.4 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING DANIA BEACH MAIN STREET, INC. TO CONDUCT THE ANNUAL TOMATO FESTIVAL PARADE TO BE HELD WITHIN THE CITY OF DANIA BEACH, FLORIDA ON OR ABOUT MARCH 14, 2004; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING MUNICIPAL ISSUES DURING THE 2004 LEGISLATIVE SESSION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.6 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS, STILES DEVELOPMENT COMPANY, AND THE CITY OF DANIA BEACH RELATING TO REQUIRED OFF-SITE IMPROVEMENTS IN CONNECTION WITH THE PHILLIPS INDUSTRIAL PARK PLAT; SUBJECT TO CERTAIN TERMS AND CONDITIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. MINUTES 4 FEBRUARY 10, 2004 • CITY OF DANIA BEACH 7.8 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE . PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS, NAC INVESTORS, LLC, AND THE CITY OF DANIA BEACH RELATING TO REQUIRED OFF-SITE IMPROVEMENTS IN CONNECTION WITH THE THUNDERBIRD PARK PLAT; SUBJECT TO CERTAIN TERMS AND CONDITIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Continued from 01/27/04 Commission Meeting 7.10 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING PURCHASE OF COMPUTER EQUIPMENT FROM DELL MARKETING, L.P., WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.11 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE TRANSFER OF FUNDS FROM THE GENERAL FUND CONTINGENCY ACCOUNT AND APPROPRIATION OF REVENUE FOR FUNDING OF COSTS RELATED TO THE CITY ATTORNEY'S OFFICE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. ORDINANCES —TITLE TO BE READ BY CITY ATTORNEY— A motion was made by Vice-Mayor McElyea, seconded by Commissioner Chunn, to approve the Consent Agenda with the exception of Item 7.7, 7.9 and 7.12. The motion passed on the following 5-0 roll call vote: Commissioner Chunn —yes Vice-Mayor McElyea —yes Commissioner Flury—yes Mayor Anton —yes Commissioner Mikes —yes ITEMS PULLED FROM THE CONSENT AGENDA 7.7 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS, SHERIDAN 87, LLC, AND THE CITY OF DANIA BEACH RELATING TO REQUIRED OFF-SITE IMPROVEMENTS IN CONNECTION WITH KEVINS PLAT; SUBJECT TO CERTAIN TERMS AND CONDITIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the Resolution title for Item 7.7. Commissioner Mikes requested staff go over this item for the benefit of the public and inquired as to whether or not they were getting cooperation from the developer. Corinne Church, City Planner, explained that the applicant had requested the City to enter into a tri-party agreement with the applicant and the County to ensure that certain off-site roadway improvements were made. The County required the applicant to improve the westbound right turn lane on Sheridan Street, extension of the sidewalk along Sheridan Street adjacent to the MINUTES 5 FEBRUARY 10, 2004 • CITY OF DANIA BEACH plat, and pavement marking and signage to be added. Staff recommended approval and requested these items be completed prior to the certificate of occupancy being issued for the property. In response to Commissioner Mikes' question relating to public concerns regarding the project, City Planner Church stated that there had been a concern about landscaping and the preservation area at the rear of the property, but clarified that these were separate issues related to the same project. Ms. Church understood that the applicant had been working with residents concerning the landscape buffer and stated that the developer was being cooperative. Commissioner Flury clarified that this resolution, other than the signage, concerned only the improvements along Sheridan Street and that the expenses were covered by the developer. A motion was made by Commissioner Flury, seconded by Commissioner Mikes, to adopt the Resolution. The motion passed on the following 5-0 roll call vote: Commissioner Chunn —yes Vice-Mayor McElyea —yes Commissioner Flury—yes Mayor Anton —yes Commissioner Mikes —yes 7.9 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ACCEPTING AND APPROVING THAT CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY LEGALLY DESCRIBED AS EAST ONE-HALF OF LOT 6, BLOCK 2, SUN GARDENS, A SUBDIVISION ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT • BOOK 26, PAGE 37, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; BY BETWEEN DOUBLE D REALTY HOLDINGS, INC., AS BUYER, AND THE CITY OF DANIA BEACH, AS SELLER, FOR A SALES PRICE OF $16,500; PROVIDING A CONTRACTUAL CONTINGENCY THAT THE CITY COMMISSION APPROVE A VARIANCE OR VARIANCES TO BUILD A SINGLE-FAMILY RESIDENCE WITH LOT DIMENSIONS LESS THAN REQUIRED BY CITY CODE; AUTHORIZING THE CITY MANAGER TO CLOSE THE TRANSACTION FOR SALE WITH A RESTRICTIVE COVENANT LIMITING THE USE OF THE REAL PROPERTY TO A SINGLE-FAMILY RESIDENCE; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the Resolution by title. In response to Commissioner Mikes' question regarding whether or not neighbors of the adjoining properties had been contacted, City Manager Pato stated that he personally had contacted both property owners and neither one expressed an interest in buying the property. Commissioner Mikes requested that a stipulation be added to the agreement that required the property be owner-occupied, not rented at all, for the first ten years. A motion was made by Commissioner Mikes, seconded by Commissioner Chunn, to adopt the Resolution with a restrictive covenant limiting the use of the real property to a MINUTES 6 FEBRUARY 10, 2004 • CITY OF DANIA BEACH single-family residence and prohibiting rental of the residence for a period of ten years • after the sale. The motion passed on the following 5-0 roll call vote: Commissioner Chunn —yes Vice-Mayor McElyea —yes Commissioner Flury—yes Mayor Anton —yes Commissioner Mikes —yes 7.12 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING EXECUTION OF AN AMENDMENT TO A LEASE AGREEMENT EXISTING BETWEEN THE CITY AND DANIA BEACH GRILL, INC., COVERING THE PROPERTY KNOWN AS DANIA BEACH GRILL AND MORE PARTICULARLY DESCRIBED IN THE LEASE; AUTHORIZING THE EXECUTION OF THE AMENDMENT TO THE LEASE BY THE APPROPRIATE CITY OFFICIALS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the Ordinance title for Item 7.12. Vice-Mayor McElyea agreed with the lease, but felt the applicant should be given the first right- of-refusal. City Attorney Ansbro stated that the lease would be retroactive to February 14, 2004. He explained that the first right-of-refusal had been included in the first lease but he had not carried it over to this one. He stated that he would have the stipulation added if that were the wishes of the Commission. He suggested that it be worded in such a way that the first right-of-refusal be • applied only to the Demas family. In response to Commissioner Mikes' question concerning the percentage of ADA money contributed by the City, City Manager Pato clarified that the projection of expenses was at the $20,000 mark. He stated that all the requirements of the previous lease remained the same. He noted that in the last lease the tenant was required to make $75,000 in improvements and he had far exceeded that amount. Commissioner Flury agreed with Vice-Mayor McElyea regarding first right-of-refusal, but felt to simplify matters, the lease could have been offered as non-transferable. A motion was made by Vice-Mayor McElyea, seconded by Commissioner Chunn, to approve the Ordinance on first reading with the addition of the first right of refusal being added and that there are no principal changes in the ownership of the corporation. The motion passed on the following 5-0 roll call vote: Commissioner Chunn —yes Vice-Mayor McElyea —yes Commissioner Flury—yes Mayor Anton —yes Commissioner Mikes —yes MINUTES 7 FEBRUARY 10, 2004 • CITY OF DANIA BEACH City Manager Pato pointed out a typographical error in Item 7.11 where the resolution stated • $5,000 and it should have been $6,000. Mayor Anton confirmed that this did not create a conflict with any of the Commissioners and announced that Item 11.3 had been pulled indefinitely and would not be discussed at this meeting. 8. BIDS AND REQUESTS FOR PROPOSALS: NONE 9. PUBLIC HEARINGS AND SITE PLAINS: 10. COMMISSION COMMENTS: 10.1 Commissioner Chunn felt that he had been blessed in his life with his wife of 24 years. He stated also that he had received complaints from residents concerning the failure of drivers to stop completely at stop signs. Also, he mentioned that some citizens had questions concerning protocol regarding the Keys to the City presentation by someone other than the Mayor. He stated that they felt if the Mayor was not available to make the presentation, the Vice-Mayor or another Commissioner should be asked to do it before the City Manager. Vice-Mayor McElyea thought that it was appropriate for a Commissioner to have made the presentation. • 10.2 Commissioner Flury commented on the action of the Third Court of Appeals that nullified the City's Impoundment Ordinance and felt that prostitution stings should be continued. She added that a very good job was done in cleaning up Federal Highway. Lieutenant Stewart, BSO District 2, clarified, at the request of Commissioner Flury, that during the month of January, there were four prostitution stings. 10.3 Commissioner Mikes commented that when a Key to the City was offered or ribbon cutting was done, general practice was for it to be done by an elected official. Commissioner Mikes felt that a letter should be drafted from the Mayor to the County Mayor that explained the continuous receipt by residents of Melaleuca Gardens of letters about mitigation programs. Mayor Anton asked the City Attorney to work with White and Case in preparing the letter. 10.4 Vice-Mayor McElyea commented on the plan to have the City Manager leave on the Denmark Sister City trip two days before Commissioners. City Manager Pato explained that he was requested to arrive early in order to assist Denmark in the preparation for the arrival of Commissioners. He clarified most of his airfare was being MINUTES 8 FEBRUARY 10, 2004 • CITY OF DANIA BEACH provided by frequent flyer points and that the City only paid for his travel between here and New York. He also wanted the Commission to understand that out of pocket expenses in Denmark were high. 10.5 Mayor Anton explained his action in requesting that City Manager Pato present the Key to the City at the Queen Mary function. He clarified that it had been a last minute thing and he had not intended to insult anyone. He spoke about the Griffin Civic Association meeting he had attended on February 3, 2004 celebrating the 103rd birthday of Kathleen (Kitty) Dempsey. He publicly congratulated her as possibly the oldest Dania Beach resident. 11. DISCUSSION AND POSSIBLE ACTION: 11.1 Update on Tigertail Park. (City Attorney) City Attorney Ansbro had researched the lease between the City and Broward Community College (BCC) concerning the use of Tigertail Lake by Dania Beach residents. He explained that the City had leased them two and one-half acres with a non-exclusive license to the use of the lake. He further explained that the City had also given them non-exclusive access to come in and go out from Angler's Avenue to Gulfstream Way and the same kind of rights to and from the surrounding shore of the lake. City Attorney Ansbro stated that BCC was required to build a conference building, a boathouse, storage building, and parking facilities that were available, upon request, to the City or community service groups. He further explained that the lease premises were solely under BCC's control for a period of 40 years. He explained that the City was required to give BCC notice of any permits that were granted to third parties for use of the lake to determine that it would not conflict with BCC's use. He stated that in lieu of rent, BCC agreed to provide college-level water sports programs to the citizens of Dania Beach charged at the same rate as BCC students. He stressed that they did have the right to fence their property and confirmed that they had not fenced in more than they were entitled to. He noted that erosion had taken about 10 or 15 feet back into the lake thus eliminating the area that the City had to walk out there. He stressed the fact that this was not a lake for swimming and that it was extremely deep and dangerous and noted that it was fine only for water sports and fishing. He encouraged residents to take advantage of the programs BCC offered and stressed that the City's use needed to be balanced with BCC's use. Kristen Jones, Parks and Recreation Director, explained the programs that were currently available through BCC and described the future use plan for this facility in cooperation with BCC. She warned that residents needed to be patient because it is currently a construction site. She stressed that it was not safe for swimming — not even for dogs. She anticipated the grand opening would take place in approximately one year. In response to Mayor Anton's question concerning warning signs, Director Jones stated that signage was being prepared but was not yet ready. In response to Commissioner Mikes' question concerning how much property the City had left on the south side of the lake, Director Jones stated that there was room for 3 pavilions. MINUTES 9 FEBRUARY 10, 2004 CITY OF DANIA BEACH Commissioner Mikes outlined the history of that area and stated that the County had almost put warehouses there and Hollywood wanted to put in a trash recycling facility. He felt that what Dania Beach had put in was a big asset to the residents in that area. Commissioner Flury reiterated that the original question was whether or not the citizens of Dania Beach could use the area. She was a little disappointed that residents could only use the area in concert with BCC. Director Jones stated that the park on the south side would probably be opened in February of 2005. City Attorney Ansbro stated that anyone who wanted access to the lake now could use it in cooperation with BCC, Monday through Friday from 9:00 am to 5:00 pm and Saturdays from 9:00 am to 6:00 pm. Continued from 01/27/04 Commission Meeting 11.2 Discussion of annexation promises with the Estates of Fort Lauderdale and Ravenswood Estates Community Associations. Mayor Anton explained that on February 3, 2004 he and staff had met with members of the Estates of Fort Lauderdale and Ravenswood Estates Community Associations relating to a former City Manager's promise to have a certain level of services provided to those areas. He clarified that although the meeting was with members of Estates of Fort Lauderdale and Ravenswood Estates, this issue included the entire annexed area. He stated that there were allegations made by some that nothing had been done. Mayor Anton clarified that was not the ® case and explained what items had been done that included the following: maintenance of the lake, street paving, bicycle path installation, and a drainage issue. He explained that five additional sheriff's deputies where promised to serve that area, but that it was too expensive and the City could not afford to do that. Mayor Anton stated that based on the meeting, they came to a conclusion that the City needed to develop a master plan for street lighting throughout the entire western end of the City and portions of the eastern side. He explained that in the interim the City would look at what lighting was currently available and have some upgrades made. He further explained that during the mid-year budget review the Commission would look at the possibility of having a six-hour, seven-day a week law enforcement detail provided for that area to be used at Chief Cowart's discretion. He said that the estimated cost for the remainder of the year had been estimated at $24,000 to $25,000. Commissioner Mikes stated that unpredictable situations would always arise during annexation and reminded all that the first group voluntarily had taken a tax increase in order to be annexed to the City and not be under the County. He stressed that smaller municipalities were always more responsive to citizens' concerns and explained that the County had not offered any capital improvement assistance to Cities during annexation. Commissioner Flury confirmed the bill for the six-hour, seven-days-a-week, law enforcement detail. She was concerned about using a "bandaid" approach to have this problem solved. In response to Commissioner Flury's question regarding zones, Chief Cowart reported that there were 7 patrol zones in the City and showed a map of crime percentages. He noted that MINUTES 10 FEBRUARY 10, 2004 CITY OF DANIA BEACH the area in question was the third lowest crime area in the City and that the major crime • statistics in that area were related to shopping centers. He explained the additional burden that had been placed on the call loads with the opening of Emerald Palms and reported that he had met with the Broward County Housing Authority relative to that specific situation. He had made some specific recommendations that included improved lighting and fences, but had not received a response. Commissioner Flury agreed that lighting was a vital issue in that area and felt that the neighborhoods would not be happy with the results of the special detail plan. Chief Cowart encouraged community involvement in Crime Prevention programs and suggested the City ask Florida Power and Light (FPL)to help provide lighting in this area now. Commissioner Flury agreed and stated that although she wanted to go forward with the Citywide lighting plan, there were areas that had an immediate need and could not wait for the three years it would take to complete the program. Fernando Vazquez, Public Services Director, explained that he had met with FPL and consultants and agreed that the City had to come up with a short-term program that would have lighting brought to some of these smaller areas. He explained that the City needed to provide some lighting ordinances to address the immediate needs. Commissioner Flury pointed out that the bulk of the crime occurred in the west and those areas needed to be dealt with first. Director Vazquez agreed to move forward with the lighting and stated that they would focus on these smaller areas that had an immediate need. Commissioner Mikes felt comfortable with Mayor Anton's suggestion and recommended immediate action by the Commission. Mayor Anton stated that he had consulted with Chief Cowart to come up with the law enforcement detail plan for that area. Vice-Mayor McElyea remembered how quickly the street lighting had been provided to the southeast section of the City and expressed a desire to have lighting provided to these areas within the next three months. Commissioner Chunn felt that lighting was important in regards to crime prevention. Chief Cowart agreed and felt that landowners and property owners in the City should be responsible to have lighting provided for their parking lots. Commissioner Flury stated that nuisance abatement needed to be utilized as well. Mayor Anton felt that these abatements were very specific and time consuming. MINUTES 11 FEBRUARY 10, 2004 ® CITY OF DANIA BEACH Chief Cowart agreed with Mayor Anton on the specific nature of the process and how difficult it was to have the process completed. He assured the Commission that he had identified areas where drug dealers were prevalent and had been working through this process. Continued from 01/27/04 Commission Meeting 11.3 Discussion of pledged funding for Main Street (Commissioner Chunn) ITEM 11.3 WAS PULLED INDEFINITELY 11.4 Discussion . of Development Issues relating to Sheridan Beach Club Phases 11 (58 condominiums under construction) and III (87 condominiums approved). Property located north side of Sheridan Street between Veterinary Clinic and Walgreen's/Sleep Inn. Lawrence Leeds, Director of Community Development, explained that the City had received a letter from concerned residents relating to Sheridan 58 (which was currently under construction) and proposed Sheridan 87. He stated that the Commission had directed him to look at a letter that the developer, Kevin Guthard, wrote in March of 2003 and reported that residents had complained that some of the mangrove area had been damaged. Mr. Leeds had contacted Broward County and shared the letter he had received in response, noting that although the removal of some of the exotic trees had scuffed some of the native mangrove trees, it was not serious and the trees would recover. Director Leeds suggested to the County Department of Planning and Environmental Protection (DPEP) to require the developer to install a double row of trees along the rear lot line, but he had not had a reply. He noted that there had been some discussion to build a six to nine foot berm to protect area residents from the construction noise, but noted that the area necessary to have the berm constructed was insufficient. Director Leeds also explained a berm was not permitted in the wetland area. He explained that in order to preserve the wetlands, DPEP required the removal of all exotics in the area and that what the residents would see as a result was a much smaller forest. Mr. Leeds noted that it was not what residents had expected to see. He noted that the County had indicated that the developer had met all the requirements. Director Leeds also explained that residents were also concerned about issues the developer had promised. Mr. Leeds had indicated to residents that construction hours permitted in Dania Beach were from 7:00 am to 9:00 pm, Monday through Saturday, and 7:00 am to 8:00 pm on Sundays and that the City would address the developer's promise list at the conclusion of the construction. Ken Johnston, 1326 SE 5th Court, spoke of behalf of the Sheridan Ocean Club and stated that an agreement made on March 11, 2003 had not been honored in the way they had expected and requested the help of the Commission to have the situation resolved. Director Leeds suggested that residents have a list compiled of three or four issues that they wish for the Commission to address. In response to Mayor Anton's question regarding the City's help on this issue, Community Development Director Leeds stated that the promise agreement was between residents and Mr. Guthard and the City was not a party to the contract. He had suggested that the residents hire their own counsel if they were concerned about the enforcement of these promises and did not know if legally the City could get involved. MINUTES 12 FEBRUARY 10, 2004 • CITY OF DANIA BEACH • Kevin Guthard, 649 East Sheridan Street, stated that he intended to honor the agreement at the conclusion of the project. He offered to put in additional landscaping as Mr. Leeds had suggested if that would diminish the impact on the neighbors. He noted that some of the items in the agreement could not yet be completed and promised that they would be done at the proper time. In response to Commissioner Flury's question, Director Leeds stated the biggest adjustment concerned construction hours. Mr. Guthard stated that his current hours were 7:00 am to 9:00 pm. He noted that he had completed 44 units next door to this property and the neighbors understood they would be inconvenienced. He also explained that all 58 units in this project had been sold and he would expedite the project as quickly as possible. He noted that they were leaving a preserve between this property and the neighbors. He reported he had also installed a silt screen fence and had agreed to pressure wash neighbors' homes at the completion of construction. He requested neighborhood support. Commissioner Flury was surprised to know that the City code allowed construction as late as 9:00 pm. Director Leeds noted that this was common practice in most municipalities and stated that the difference might only be the 9:00 pm time on Saturdays. Mr. Guthard offered to work only until 6:00 pm on Saturdays. Beverly Johnston, 1326 SE 5th Court, was concerned with Mr. Guthard's promise to have the wildlife relocated before construction and noted how the wildlife were digging up their yards. She accused him of not returning calls from residents regarding this issue. She stated that the conservation area was promised to them to provide a buffer and that Mr. Guthard had agreed to wait until the conclusion of construction to remove the exotic trees. She felt that if Mr. Guthard had returned phone calls it might not have been necessary for them to come before the Commission. She requested that the developer address their problems rather than run from them. Mr. Guthard stated that he had given the residents his personal cell phone number so that he would be available to address their concerns. He explained the raccoon removal procedure. He also noted that once he had approval from DPEP to begin the clearing of the next area, the raccoons would be trapped again. In response to Commissioner Mikes' question regarding the release of the raccoons, Mr. Guthard stated that he had hired a professional relocation company and did not know what happened to the raccoons. Mr. Leeds confirmed with Mr. Guthard that he would not begin any clearing of property until he had documented that the raccoons had been relocated and that he would voluntarily stop construction at 6:00 pm on Saturdays. MINUTES 13 FEBRUARY 10, 2004 CITY OF DANIA BEACH Mr. Guthard further noted that he was having 144 apartment units converted into condominiums • which would help have some of the problems with rental units alleviated which would be beneficial to the City of Dania Beach. 12. APPOINTMENTS: 12.1 Appointment of 2 Alternate members to the Civil Service Board (1 Citizen Alternate and 1 Employee Elected Alternate). "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF TWO (2) ALTERNATE MEMBERS TO THE CIVIL SERVICE BOARD, ONE CITIZEN ALTERNATE AND ONE EMPLOYEE ELECTED ALTERNATE; PROVIDING THAT SAID MEMBERS SHALL COMPLETE A FOUR (4) YEAR TERM EXPIRING APRIL 1, 2004; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF SERGIO PELLECER TO THE CIVIL SERVICE BOARD; PROVIDING THAT SAID MEMBER SHALL COMPLETE A FOUR-YEAR TERM EXPIRING APRIL 1, 2004; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." 12.2 Appointment of 1 Alternate member to the Code Enforcement Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF ONE (1) ALTERNATE MEMBER TO THE CODE ENFORCEMENT BOARD; PROVIDING THAT SAID MEMBER SHALL COMPLETE A THREE (3) YEAR TERM EXPIRING SEPTEMBER 7, 2004; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." . NONE 12.3 Appointment of 1 member to the Human Relations Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF ONE (1) MEMBER TO THE "HUMAN RELATIONS BOARD"; PROVIDING THAT SAID MEMBER SHALL SERVE A TWO (2) YEAR TERM EXPIRING 12:00 NOON, MARCH 15, 2005; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE". NONE 12.4 Appointment of 1 member to the Marine Advisory Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF ONE (1) MEMBER TO THE "MARINE ADVISORY BOARD"; PROVIDING THAT SAID MEMBER SHALL SERVE A TWO (2) YEAR TERM EXPIRING 12:00 NOON, MARCH 15, 2005; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE". Mayor Anton appointed Shea Novakovic. 12.5 Appointment of 1 member to the Parks, Recreation & Community Advisory Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF A MEMBER TO THE "PARKS, RECREATION & COMMUNITY ADVISORY BOARD"; PROVIDING THAT SAID MEMBER SHALL SERVE A TWO (2) YEAR TERM EXPIRING 12:00 NOON, MINUTES 14 FEBRUARY 10, 2004 • CITY OF DANIA BEACH MARCH 15,2005; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE". iNONE 12.6 Appointment of 1 member to the Police & Fire Pension Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF ONE (1) MEMBER TO THE "POLICE & FIRE PENSION BOARD"; PROVIDING THAT SAID MEMBER SHALL COMPLETE A TWO (2) YEAR TERM EXPIRING 12:00 NOON, MARCH 15, 2005; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE". NONE 12.7 Appointment by Commission of a member for R/E Property Manager position on the Unsafe Structures Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF A MEMBER TO THE REAL ESTATE PROPERTY MANAGER POSITION TO THE UNSAFE STRUCTURES BOARD; PROVIDING THAT THIS MEMBER SHALL SERVE A THREE (3) YEAR TERM BEGINNING MARCH 12, 2003, AND ENDING MARCH 11, 2006; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." NONE In response to Commissioner Mikes' question concerning board members and conflict of interest guidelines, City Manager Pato stated that a revision of the Civil Service Board rules was being prepared and would be presented possibly in March. He suggested that board elections • be continued pending the revisions to the rules. City Attorney Ansbro stated that would risk not having a quorum. In response to Commissioner Mikes' question concerning how union contracts affect election of board members, City Manager Pato stated that there was a "mixed bag" of conflicts between the unions and Civil Service. Mary McDonald, Human Resources and Risk Management Director, stated that the Civil Service document worked independently from the union contract. She also stated that the Civil Service document would bow down to the union agreement in a situation where there was a conflict in language. In response to Commissioner Mikes' question, on whether or not the City could have a more independent type of board structure made that would better avoid conflicts, City Manager Pato answered affirmatively because civil boards now served mostly in an advisory capacity. Commissioner Mikes suggested that the special counsel that had been hired to address contracts also take a look at the board structure. A motion was made by Commissioner Mikes, seconded by Commissioner Chunn, to approve all appointments. The motion passed on the following 5-0 roll call vote: MINUTES 15 FEBRUARY 10, 2004 • CITY OF DANIA BEACH Commissioner Chunn —yes Vice-Mayor McElyea —yes • Commissioner Flury—yes Mayor Anton —yes Commissioner Mikes —yes 13. ADMINISTRATIVE REPORTS: 13.1 City Manager asked for guidance concerning payment of employment compensation by an employee who had been terminated by Main Street. He wanted to know if the compensation should be paid from the $5,000 the Commission had set aside for Main Street or if he should bring in another recommendation for payment. Commissioner Mikes felt that the Commission had made a commitment to help Main Street as funds became available and that they should not pull the $5,000 out from an operating account. Commissioner Flury stated that it should be paid out of unemployment compensation funds. She felt it was a separate issue and that the promised $5,000 should be left for Main Street. Pat Varney, Finance Director, reported that the City had budgeted $10,000 for unemployment problems. In response to Commissioner Mikes' question, City Manager Pato stated that the February 17, 2004 workshop would address a building height issue, sidewalks, and sign ordinances. On a personal note, City Manager Pato advised he was moved and challenged to see the courage of the lady who had come to talk about the drug trafficking situation on 5t" Court and • reassured the Commissioners that he would address this issue. 13.2 City Attorney— none 13.3 City Clerk -Meeting Reminder: February 17, 2004 @ 4:30 p.m. —Workshop Meeting February 24, 2004 @ 7:00 p.m.— Regular City Commission Meeting Commissioner Mikes suggested sending the County a bill for the 400 law officers' visits to the Housing Authority. City Manager Pato stated that he would work on this personally and reported how the City had to fight to get the $500,000 promised from the County for the improvements to the newly annexed areas. He explained that the City was still waiting for the properties that the County had promised during the first airport annexation. MINUTES 16 FEBRUARY 10, 2004 ® CITY OF DANIA BEACH • 14. ADJOURNMENT The meeting adjourned at 10:00 p.m. C.K. MCELYEA MAYOR-COM SIONER ATTEST: MIRIAM NASSER ACTING CITY CLERK Respectfully submitted by Jill Fiorentino APPROVED: March 9, 2004 • MINUTES 17 FEBRUARY 10, 2004 • CITY OF DANIA BEACH