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HomeMy WebLinkAbout636 - MINUTES - City Commission MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, DECEMBER 14, 2004 - 7:00 P.M. 1. Call to Order Mayor McElyea called the meeting to order at 7:02 p.m. 2. Invocation and Pledge of Allegiance Pastor Juan Cuevas, Maranatha Ministries, gave the invocation and all remained standing for the Pledge of Allegiance to the United States Flag. 3. Roll Call Present: Mayor: C.K. McElyea Vice-Mayor: Bob Mikes Commissioners: Bob Anton • Robert Chunn Patricia Flury City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson 4. Presentations and Special Event Approvals 4.1 Letters of Commendation presented to Battalion Chief Michael Brown, Battalion Chief Patrick Patterson and Battalion Chief Michael Bernardo by Fire Chief Ken Land Captain Michael Cassano and Fire Chief Ken Land presented Letters of Commendation to Michael Bernardo and Michael Brown, Firefighter/Paramedic Battalion Chiefs, for their exemplary command performance during one of three large commercial structure fires during the month of October 2004. Commissioner Chunn commented that our Firefighter/Paramedics are the best in the country. They came through for him when he needed them a couple of years ago. 4.2 Presentation of the City's Present Financial Condition and Future Outlook — Chris Wallace,New Community Strategies • City Manager Pato reported we engaged the services of New Community Strategies to conduct an assessment of the City's financial condition dating back to the 1990s. He noted it is important to know the reason we are doing this today is because we need some degree of certainty to determine how we got to this point and what opportunities we face in the future. Dr. Iry Rosenbaum and Chris Wallace, New Community Strategies, presented the results of their findings for the City of Dania Beach. Dr. Rosenbaum began the presentation by discussing why we should forecast. He remarked we live with the consequences of decisions of yesterday and forecasting helps to identify trends. The most important thing about forecasting is to look at it in terms of the facts and not trying to find blame for someone who made a bad decision. It is important to look at the trend and at the areas of concern, and to look at them from a factual basis; then you can begin to think about solutions. The forecast was developed by looking at audited financial statements, un-audited FY 2004 results, the FY 2005 budgeted amounts, property tax data, known changes in the tax base, and statistical methods and judgments. Dr. Rosenbaum noted he is very familiar with Dania Beach which helps give them a better look at our problems. He noted the City will face ever increasing property tax rates; the City could reach its millage cap in a few years; the City's expenditures have been growing faster than its revenues; and these are long-standing trends that go back many years. He advised to avoid future tax rate increases the City must act to reduce its expenditure trends; the City must plan for its lost tax base due to airport expansion; and redevelopment can provide relief He cautioned redevelopment is very positive and is what needs to happen, but it is something that neighboring cities have experienced difficulty with. Mr. Chris Wallace advised part of their study is to forecast the trends the City has developed over the last ten years. He advised that Florida requires cities to have balanced budgets. He noted trends show the City has had several deficits in the past years; more recently the City has had positive growth, but expenditures have been growing faster than revenues. He noted most of our recent budgets have been stressed either through large increases in property tax values and using that money to balance the budget; or increasing Fire Assessment Fees to balance the budget. He noted that South Florida has had very large increases in its property tax base. He advised the Fire Assessment is equivalent to a one mill tax rate increase, and it is a regressive tax that hits small businesses and lower income home owners harder than a property tax. It is more of a tax policy than a revenue stream. He advised they are forecasting the property tax rate will gradually increase, and they have factored-in the loss from airport expansion, which is something the City cannot control. The loss of the property affects not only the property tax base, but also the loss of taxes on utility bills, revenue sharing, and other revenues. They think the millage rate will gradually increase and may hit the 10 mill limit in 2014, and the City will be forced to look for other options. He noted the City's public safety costs, both to its own Fire Department and the contracted services of the BSO, have and will continue to consume large portions of the budget and will continue to become larger and more expensive. He summarized that trends seem clear for the City and it depends what we do now and in the immediate future to avoid these trends. He advised steps should be taken to slow expenses; action should be taken on tax base losses; redevelopment may increase the tax base and we should take efforts to begin redevelopment. He remarked the Save Our Homes amendment has been a tax loss for a lot of cities. In closing, he noted the City needs to be aware of its trends and work together to address the issues before it. Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,December 14, 2004—7:00 p.m. . Commissioner Flury thanked the City Manager for providing this report. Commissioner Anton asked what year was estimated for the loss of the Melaleuca and Ravenswood areas. Mr. Wallace responded 2010 for Ravenswood Road and the Dania Cut-off Canal; and 2008 for the Melaleuca Gardens/Wyndham Hotel area. Commissioner Anton asked if,the forecast of 7.68 millage rate included any change to our way of doing business or staffing levels in 2006. Mr. Wallace responded they did forecast the trends, but, when the City develops its budget it could be different if the City decides to cut expenses. Commissioner Anton also commended the City Manager and staff for the report. Vice-Mayor Mikes commented that the private sector changes their compensation and benefit packages to suit the profitability of the economy; but in the public sector, it only goes up. Mr. Rosenbaum remarked personnel costs continually increase and if you want to alter a predicted future, the personnel costs are the most important thing to get under control. Mr. Wallace commented it is a tough balancing act for elected bodies, and City Managers, to balance the need to attract and retain employees. Pension and insurance costs are very expensive for cities, but Leave Time is also very expensive. Rules have changed and cities now need to expense this cost; in addition, Leave Time also increases the need for personnel to cover the staff that is out on leave. Vice-Mayor Mikes appreciates the City Manager hiring professionals to do this report. Mr. Rosenbaum emphasized the City should consider the impact of redevelopment because the City is in an area with a golden opportunity. He thinks by bringing the financial situation under control we can improve our ability to manage the growth when it comes. In the long run, redevelopment yields phenomenal results, which is why it is a good reason to look at the financial structure before redevelopment. Specifically, the biggest costs are health insurance, pension and personnel costs. Their recommendation is to look at this from a multi-faceted approach. Vice-Mayor Mikes asked about programs that offer a new tier of benefits for new-hire employees. He remarked that health care benefits should be the last thing the City takes away from employees; but, employees at a lower salary should pay less for their benefits than those employees making more money. Mr. Rosenbaum responded health care benefits are a huge cost, and it is definitely something to be addressed. Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,December 14, 2004—7:00 p.m. Mr. Wallace stated he appreciated the City Manager and Finance Director's assistance in developing this report. 4.3 Treasure Cove Unit Owners Association, Inc. request for the City to Quit Claim Deed thirty feet of road right-of-way—Kay Jenkins and Pete Quinn Peter Quinn, president of the Treasure Cove Owners Association and Kay Jenkins, advised they tried to pull a permit to repair the community seawall, but discovered a problem with 30' on the WNW corner of the property. They discovered the City of Dania Beach owns that portion of the property. They advised the City did vacate 25' to the west property owner, but did not vacate the remaining 30'. They advised the County has been sending them a tax bill for the property and believe the property belongs to them. They would like to resolve the problem so that they may repair the seawall. City Attorney Ansbro remarked he is familiar with the property and it is a problem for the Homeowners Association. The City acquired the property when it was annexed several years ago because it was a County roadway that dead-ends into the seawall. He advised that Attorney Tim Ryan researched this and found it had become a City road and that the City Commission vacated a piece of the road. He noted that 25' was vacated, but the other 30' should have gone to Treasure Cove but for some reason, it did not. He has encouraged the Association to obtain their own attorney to provide an Opinion of Title. He advised we could vacate it if they make a request, but they really need to hire their own attorney. Mr. Quinn commented the property was vacated in 1992, and certified by the City of Dania in 1996. He thinks the problem is that the homeowners on both sides of the property were in two different subdivisions. Vice-Mayor Mikes remarked this is a private property issue and they need to retain their own attorney. Ms. Jenkins remarked they spoke with the County and the County thinks the Association owns the property. Vice-Mayor Mikes remarked they should not ask the City to legally represent them on this. They need their own attorney to come to the Commission and make a request. No one on the Commission has a problem with the request. City Attorney Ansbro advised the neighbor filed for Quiet Title after the City vacated the property to insure it was in his name. He stated the Association needs to obtain a lawyer. 5. Proclamations There were no Proclamations for this meeting. Minutes of Regular Meeting 4 0 Dania Beach City Commission Tuesday,December 14, 2004—7:00 p.m. 6. Citizen Comments Thomas Laubenthal, 1901 SW 52°a Avenue, Plantation, owner of the Motocross property site, announced to the public there is no intent to be able to be present, to discuss, or review the items pertaining to the Motocross tonight; there is only the hope to have this item added as a future Agenda item. He asked the public not to make any speech or comment at this time. He remarked the City Attorney requested, and they have agreed to his request to ask the public not to speak, and not have any legal representation present tonight. He requested to be placed on a future agenda. City Attorney Ansbro remarked this is the Motocross facility that operates under a Special Exception because of the zoning. The property is located on a brownfield, meaning there are contaminants in the ground that need to be removed. He noted the property owner has been working very hard at this. The owners are requesting another 6-7 month extension, but the Commission had said they did not want this to come before them again, therefore, he decided it would not be on the Agenda. He noted that currently, two Commissioners support it, two Commissioners are against it, and one is undecided. He asked if three Commissioners are willing to go forward and let them be placed on the January 11th Agenda. Commissioner Chunn responded he is willing to place it on the Agenda. Commissioner Flury noted she does not have a problem with six months, but asked if there was a way for the Commission to vote to agree that something not come back. She asked why they can't say that something can't come back. City Attorney Ansbro responded somebody has a change of heart or change of mind; and in this case we will have a change of Commission. Mayor McElyea remarked he voted to give them a scare tactic to get the property developed. Commissioner Flury advised she would vote for a six month extension; but the next time the answer is no. Commissioner Anton clarified this came up because Mr. Pennick contacted him for a six month extension. He responded he had no problem rehearing it, but then the liability issue came up at the Commission meeting. He assumed there was liability insurance in place and paramedics were present during all the races. This is not the case, and therefore he did not support it. He is willing to hear it again provided the safety concerns are addressed. Vice-Mayor Mikes remarked this has been going on for ten years, and a lot of promises were made from the beginning. He noted this activity could be very hazardous to adults and children. He has found that we cannot rely on the word of these people when they make a presentation. We cannot put ourselves at risk; it is a very hazardous operation; they keep saying they have a buyer. He asked if any ex-City Commissioner had any beneficial interest in this operation. Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday,December 14,2004—7:00 p.m. Mr. Laubenthal responded no; there is just he and Brian Pennick. Vice-Mayor Mikes remarked he is concerned about the City's liability. He will not vote for this. Commissioner Chunn remarked he would support bringing it forward again. Commissioner Anton remarked he will not support bringing it forward until he hears from staff and the City Attorney. City Attorney Ansbro responded they can only do that if they file the application that he told. them they could not file. This would provide them the opportunity to file and be heard on January 11, 2005. Commissioner Chunn wants to insure they are in compliance with all requirements. Commissioner Flury does not want a dog and pony show. She thinks the Commission wants a report from the City Attorney to insure they have met all the requirements. City Attorney Ansbro confirmed there was consensus to let them file the application. 7. Consent Agenda Items 7.9 and 7.10 were added to the Consent Agenda Vice-Mayor Mikes pulled Item 7.6 Mayor McElyea pulled Item 7.1 7.2 Travel Expenditures: There were no expenditures presented at this meeting. 7.3 Bills: There were no bills presented at this meeting. Resolutions 7.4 RESOLUTION#2004-206 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PURCHASE OF DIGITAL AUDIONIDEO CAPTURE SYSTEMS FROM BUSINESS INFORMATION SYSTEMS, UNDER FEDERAL CONTRACT #GS-35F-0107P; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION#2004-215 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A MEMORANDUM OF AGREEMENT AMONG THE CITY OF DANIA BEACH, THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, ACTING A THROUGH THE TRUSTEE COUNCIL FOR THE AUGUST 8, 2000, MYSTERY SPILL AT FORT LAUDERDALE, FLORIDA TO PROVIDE FUNDING FOR THE CONSTRUCTION OF "CHICKEE HUT" Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,December 14, 2004—7:00 p.m. SHELTERS ON THE MUNICIPAL BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.7 RESOLUTION#2004-208 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THAT CERTAIN "AGREEMENT BETWEEN CITY OF HOLLYWOOD AND CITY OF DANIA BEACH PROVIDING FOR DISPATCH CENTER"; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Ordinances- (Title read by City Attorney) 7.8 ORDINANCE#2005-001 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN THE CITY AND COMCAST OF FLORIDA, A SUBSIDIARY OF COMCAST CABLE COMMUNICATIONS,LLC,AND COMCAST OF FLORIDA/ILLINOIS/MICHIGAN,INC., A SUBSIDIARY OF COMCAST CABLE COMMUNICATIONS, LLC, COLLECTIVELY DOING BUSINESS LOCALLY AS COMCAST; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. (FIRST READING) Addendum 7.9 RESOLUTION#2004-216 OA RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA DIRECTING THE CITY ATTORNEY TO SEEK AN OPINION FROM THE FLORIDA COMMISSION ON ETHICS AS TO THE PROPRIETY OF SERVICE OF A POLICE AND FIREFIGHTERS' RETIREMENT SYSTEM BOARD MEMBER UPON THE BOARD OF TRUSTEES WHILE THE SPOUSE OF SUCH MEMBER IS EMPLOYED AS THE SYSTEM ADMINISTRATOR;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.10 RESOLUTION#2004-217 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ESTABLISHING FILING DATES AND PROVIDING FOR THE CALLING AND HOLDING OF A PRIMARY ELECTION IN THE CITY OF DANIA BEACH, FLORIDA, ON TUESDAY, FEBRUARY 8, 2005 FOR THE PURPOSE OF NOMINATING CITY COMMISSIONERS TO BE VOTED UPON AT THE GENERAL ELECTION TO BE HELD ON TUESDAY, MARCH 8, 2005;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Commissioner Chunn motioned to approve the Consent Agenda, with the addition of Items 7.9 and 7.10, and the removal of items 7.1 and 7.6; seconded by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Mikes Yes Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes 7.1 Minutes o Approve minutes for Charter Review Workshop of November 12, 2004 Approve minutes for Abatement Hearing of November 18, 2004 Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,December 14,2004—7:00 p.m. Approve minutes for General Obligation Bond Workshop of November 18, 2004 OApprove minutes for Regular Meeting of November 23, 2004 Approve minutes for Special Meeting of November 30, 2004 Mayor McElyea asked Larry Leeds, Director of Community Development, why the minutes show that he is still requesting a utility easement for the Sinclair property. Mr. Leeds responded we would need to do a Title search to see if there is a roadway. Mayor McElyea stated he and Bob Mikes vacated property in the Housing Authority so that Mayor McElyea could not build a bridge into Melaleuca Gardens. He stated the road is there and you can see it on the County maps. He stated this could be an important issue to him and other people. Mr. Leeds commented everything he does is important to him and he will personally look at it. He will speak to the City Attorney about it. The point he was trying to make is that even if it is a condition in the minutes, if it turns out we can verify the road is there, the condition becomes moot. Vice-Mayor Mikes motioned to approve Item 7.1; seconded by Commissioner Chunn. The motion carried on the following 5-0 Roll Call vote: • Commissioner Anton Yes Vice-Mayor Mikes Yes Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes 7.6 RESOLUTION#2004-207 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, SETTING FEES FOR THE TRANSPORT OF PATIENTS TO LOCAL HOSPITALS BY THE CITY OF DANIA BEACH FIRE-RESCUE DEPARTMENT; PROVIDING FOR A "COMPASSION POLICY"; PROVIDING FOR A "RESIDENT ONLY POLICY"; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of the corrected Resolution: A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, SETTING FEES FOR THE TRANSPORT OF PATIENTS TO LOCAL HOSPITALS BY THE CITY OF DANIA BEACH FIRE-RESCUE DEPARTMENT; PROVIDING FOR A "COMPASSION POLICY"; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Captain Bruce Caruso explained transport fees would increase and a new policy is being adopted to provide a procedure for the City to collect fees. Commissioner Anton clarified there was no increase in cost to the residents. Captain Caruso responded that was correct. The City does not use a Collection Agency; we send out for insurance information and bill the insurance company first. Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,December 14,2004—7:00 p.m. • Commissioner Anton motioned to approve Item 7.6; seconded by Commissioner Chunn. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Mikes Yes Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes 8. Bids and Requests for Proposals There were no proposals presented at this meeting. 9. Public Hearings and Site Plans 9.1 ORDINANCE #2004-033 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING SECTION 12-52 "SPECIFIC STANDARDS" OF ARTICLE III "HAZARD REDUCTION" OF CHAPTER 12 "FLOOD DAMAGE PREVENTION" OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH; DELETING REFERENCES TO THE EIGHT FOOT NGVD (NATIONAL GEODETIC VERTICAL DATUM) FLOOD ELEVATION REQUIREMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) (Continued from October 12,2004 and November 23,2004) ® City Attorney Ansbro read the title of the Ordinance. Laurence Leeds, Director of Community Development, requested to withdraw the Ordinance. He advised we would bring a new Ordinance forward.. 9.2 ORDINANCE #2004-040 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AMENDING SECTION 22-5 OF THE CITY CODE ORDINANCES, WHICH SECTION IS ENTITLED "PAVEMENT, IMPROVEMENT AND USE OF SWALE AREAS", TO INCREASE THE TREE CLEARANCE HEIGHT TO BE MAINTAINED BY ABUTTING PROPERTY OWNERS OR TENANTS FROM TEN FEET ABOVE STREET LEVEL TO FOURTEEN FEET, TO PERMIT VEHICULAR TRAFFIC BENEATH SUCH TREES TO TRAVEL WITHOUT INTERFERENCE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of the Ordinance. Laurence Leeds, Director of Community Development, advised this Ordinance was requested by the Fire Department. This would provide a 14' clearance so that rescue vehicles are not damaged. Mayor McElyea opened the Public Hearing. Seeing as there was no one to speak in favor or ® opposition, he closed the Public Hearing. Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,December 14, 2004—7:00 p.m. • Commissioner Flury motioned to approve Ordinance #2004-040; seconded by Commissioner Chunn. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Mikes Yes Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes 9.3 ORDINANCE #2004-043 AN EMERGENCY ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA AMENDING ORDINANCE 2003-024,ADOPTED ON MAY 28, 2003, BY REPLACING 87 RESERVE UNITS AND ASSIGNING IN THEIR PLACE 87 FLEX UNITS ALLOCATED FROM FLEX ZONE 84, TO A PARCEL OF LAND LOCATED ON THE NORTH SIDE OF SHERIDAN STREET, DIRECTLY EAST OF THE WALGREEN'S DRUG STORE WITHIN THE CITY OF DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE, SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of the Emergency Ordinance. Laurence Leeds, Director of Community Development, advised the Broward County Planning Council recertified an amendment that the City Commission adopted several months ago. There is a large piece of property (120 acres) east of 51" Avenue, owned by the State of Florida, Broward County and a few private property owners. We are changing the Land Use to Conservation which is a more appropriate use. As a result, we will pick up 120 flex units, however, we must assign 73 units immediately or they will be lost forever. The intent is to move the units out of the wetlands and into the US 1/Dania Beach Corridor as part of our redevelopment. He recommended approval of the Emergency Ordinance. Mayor McElyea opened the Public Hearing. Kevin Guthart, owner of the property, stated he concurs with Mr. Leeds recommendation. Seeing as there was no one else to speak in favor or opposition, Mayor McElyea closed the Public Hearing. Commissioner Anton motioned to approve Ordinance #2004-043; seconded by Commissioner Chunn. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Mikes Yes Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes 9.4 ORDINANCE#2005-002 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, CALLING AN ELECTION ON THE • PROPOSED AMENDMENTS TO THE CITY CHARTER TO BE HELD ON TUESDAY, MARCH 8, 2005; PROVIDING FOR SUBMISSION TO THE ELECTORS FOR APPROVAL OR DISAPPROVAL OF A NEW. Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,December 14, 2004—7:00 p.m. CITY CHARTER INCLUDING A SERIES OF PROPOSED CHARTER AMENDMENTS WHICH RESULTED FROM REVIEW BY THE CITY COMMISSION OF THE RECOMMENDATIONS OF THE CITY'S CHARTER REVIEW BOARD; PROVIDING FOR REQUISITE BALLOT LANGUAGE; PROVIDING FOR PROCEDURE FOR BALLOTING; PROVIDING FOR NOTICE; PROVIDING FOR RELATED MATTERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the title of the Ordinance. He advised the Commission has a revised draft of the proposed elements to change in the Charter. He apologized for the late delivery. City Manager Pato noted a change was required on Page 8, Section 2. He commented the leave of absence for the City Manager should be 15 working days, not 15 calendar days. He proposed changing the wording to: not to exceed 15 working days. Mayor McElyea opened the Public Hearing. Ann Page, Candidate for City Commission, questioned the process for filling vacancies on the City Commission. She, as a citizen, is not comfortable with the verbiage. She remarked it is very costly for the City to hold an election, and questioned instead of holding a Special Election, if it was possible to appoint a candidate from the previous election who received the most number of votes to fill a vacancy. Mayor McElyea responded this had been done in the past. He commented he does not see the • point in doing a$30,000 election. Commissioner Flury commented the Special Election only occurs if a vacancy exists for more than six months. She thinks it is important that the Charter Review Board met for one year and discussed these items to great length. So, she would be opposed to changing the recommendations made by the Board because they worked very hard, and it was the general consensus of that group. City Attorney Ansbro pointed out that it was discussed by the Board, but it did not receive a majority support. Ms. Page commented it would save the City a lot of money, and wanted it noted that she feels very strongly about this. Seeing as there was no one else to speak in favor or opposition, Mayor McElyea closed the Public Hearing. Vice-Mayor Mikes stated he would like to see the public get interested in this issue. He stated he likes the park protection; the supermajority vote; and the referendum requirement for parks. City Attorney Ansbro read the title of the Ordinance because it was amended today: AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, CALLING AN ELECTION ON THE • PROPOSED AMENDMENTS TO THE CITY CHARTER TO BE HELD ON TUESDAY, MARCH 8, 2005; PROVIDING FOR SUBMISSION TO THE ELECTORS FOR APPROVAL OR DISAPPROVAL OF A SERIES Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday,December 14,2004—7:00 p.m. OF PROPOSED CHARTER AMENDMENTS WHICH RESULTED FROM REVIEW BY THE CITY COMMISSION OF THE RECOMMENDATIONS OF THE CITY'S CHARTER REVIEW BOARD; PROVIDING FOR REQUISITE BALLOT LANGUAGE; PROVIDING FOR PROCEDURE FOR BALLOTING; PROVIDING FOR NOTICE; PROVIDING FOR RELATED MATTERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Commissioner Anton motioned to approve Ordinance #2005-002, with the exception of Section 2, and changing calendar days to working days, as the City Manager requested; seconded by Commissioner Chunn. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Mikes Yes Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes 9.5 ORDINANCE #2004-041 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AMENDING PART VI ("REGISTRATIONS AND ELECTIONS"),ARTICLE 2 ("ELECTIONS"), SECTION 6("ELECTIONS; HOW ARRANGED FOR; INSPECTORS AND CLERK") TO ADD AN ALTERNATE PROCEDURE WHICH WILL ALLOW THE CITY COMMISSION TO DELEGATE THE POLL WORKER SELECTION PROCESS TO THE BROWARD COUNTY SUPERVISOR OF ELECTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of the Ordinance. Mayor McElyea opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Commissioner Chunn motioned to approve Ordinance #2004-041; seconded by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Mikes Yes Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes 9.6 RESOLUTION 42004-209 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY WITH DR. BRENDA C. SNIPES, SUPERVISOR OF ELECTIONS OF BROWARD COUNTY, FLORIDA IN CONNECTION WITH THE SELECTION OF POLL WORKERS FOR CITY ELECTIONS IN 2005; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of the Resolution. Mayor McElyea opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,December 14, 2004—7:00 p.m. . Commissioner Chunn motioned to approve Resolution #2004-209; seconded by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Mikes Yes Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes 9.7 RESOLUTION#2004-210 A RESOLUTION OF THE CITY OF DANIA BEACH APPROVING THE VARIANCE REQUEST BY KEVIN HERRING FROM CHAPTER 28, ZONING, ARTICLE IV, SCHEDULE OF LOT YARD AND BULK REGULATIONS, FOR PROPERTY LOCATED AT 665 SW 1ST STREET (WITHIN THE COMMUNITY REDEVELOPMENT BLOCK GRANT AREA), DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro advised the remaining Public Hearings are quasi judicial, and swore-in all those who would speak. He asked the Commission to disclose if they had any communication on any of these matters. City Attorney Ansbro read the title of the Resolution. Corinne Church, City Planner, advised the applicant was requesting four variances. The property is zoned Residential; it currently is vacant; and it is within the CDBG area, which allows for • Variance requests to go directly to the City Commission without going to the Planning and Zoning Board. The first variance is to construct a single family residence on a 40' deep lot; 90' is required by the Code. Because the hardship is not self-created, staff recommends approval of the request. The second variance is to allow construction of a single family residence on a 4,406 square foot lot; the Code requires 6,000 square feet. This variance is necessary in order to see development on the property and staff recommends approval. The third variance is to waive the minimum front yard setback to allow a 7' setback; the Code requires 25'. Staff recommends a 10' setback on the third variance. The fourth variance is to waive the minimum rear yard setback to allow a 7' setback; the Code requires 15'. Staff recommends approval of the fourth variance request. She noted that staff would like a condition added to the third variance requiring additional review by the Public.Services Director because there may be some safety issues or concerns due to the roadway proximity. Vice-Mayor Mikes asked how big the house would be. Ms. Church responded 3,276 square feet. Kevin Herring Jr., 408 NE 2nd Avenue, Hallandale Beach, responded he and the architect are still working on the size of the building. They are attempting to install 2 bedrooms and 2 bathrooms on one floor. Vice-Mayor Mikes remarked he prefers an undersized building on an undersized lot because it could cause problems for the neighbors with traffic and parking. Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday,December 14, 2004—7:00 p.m. Laurence Leeds, Director of Community Development, remarked the site plan shows 3,200 square feet, but it is incorrect. Staff is recommending a 10' setback along Phippen Road which would make this a 57X23 building, which is around 1,300 square feet, one floor. If it went to two floors it would be 2,600 square feet. He noted that a two-story building is not appropriate with the size of the lot. Mr. Herring remarked he would prefer to keep it one story, and the total area of the house will not exceed 2,000 square feet. Vice-Mayor Mikes asked if the applicant could bring a set of plans at the next meeting. Vice-Mayor Mikes motioned to continue Resolution #2004-210 until January 11, 2005 at 7:00 p.m., and for the applicant to provide a floor plan of the building; seconded by Commissioner Flury. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Mikes Yes Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes 9.8 RESOLUTION#2004-211 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST BY ATTORNEY JASON DUBOW, ON BEHALF OF SHELDON SHORE, MANAGER OF DANIA LLC, FOR THE ASSIGNMENT OF TEN (10) AFFORDABLE HOUSING FLEX UNITS FOR PROPERTY GENERALLY LOCATED AT 80 AND 90 SW 8TH AVENUE, DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of the Resolution. Laurence Leeds, Director of Community Development, advised the building was approved in the 1980s for 33 residential units in two buildings. The buildings were renovated without City approval by adding ten units for a total of 43 units. Staff became aware of the conversion when the present owner advertised the property as a 43 unit apartment complex. He noted the property owner was cited and the Code Board allowed the applicant the opportunity to request the application of Affordable Housing Flex Units to make the development consistent with the Comprehensive Plan. The applicant has submitted documentation confirming that rental rates for the ten illegal units comply with Broward County's Affordable Housing Regulations. However, it is not known if the converted units meet the Building, Housing or Parking requirements. The owner has agreed to convert the first floor units back to garages, and to remove some interior walls which would bring the request to four units, instead of ten. He noted we have a policy issue and a problem with illegal conversions; he cannot recommend, as a matter of policy, this sort of after-the-fact conversion. Vice-Mayor Mikes remarked we should not reward this behavior. Mr. Leeds advised the applicant submitted an amended request today that would convert all the Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday,December 14, 2004—7:00 p.m. illegal units on the first floor. The building was originally built in 1985 and has had several different owners since that time. We cannot verify when the conversion took place. Vice-Mayor Mikes remarked we need to deal with this harshly. Mayor McElyea opened the Public Hearing. Jason Dubow, attorney representing the applicant, advised they will not be requesting any variances, which is why they are reducing it to four units. He noted the Planning & Zoning Board supported the request. He remarked the Commission needs to look at the after-the-fact issue. His client is willing to prove he had nothing to do with the conversion; and the property has changed owners many times over the years. They want four Affordable Housing Flex Units which is in crisis mode in Broward County. He presented the Mayor with articles on affordable housing in Broward County. He stated they will insure that each of the units meets the Code; they will bring Demolition Permits; they will bring a revised Site Plan; and the units will be two or three bedroom apartments. Vice-Mayor Mikes asked if they were built as residential or commercial units. Attorney Dubow responded they were always residences; the garages were converted to units. They want the opportunity to bring plans forward for Commission review. He advised most of the units are occupied. They will not ask for variances for parking or anything. He noted his client has owned the building for two and a half years. John Bartley, 201 SE 2°6 Avenue, Dania Beach, remarked he did not convert the units. He noted that Bob Dubow took the building from him when he lost the property. He commented he was surprised to see the garage doors were gone. He would not like to see the garages turned back to garages because they could be rented for storage. Fay Bartelmes remarked she was at the Code Board meeting when this came up. She remarked there is not enough parking and there is no place for children to play. She remarked these people are living in a fire hazard. Her opinion is this should go back to the way it was. We have to treat everyone the same. Seeing as there was no one else to speak in favor or opposition, Mayor McElyea closed the Public Hearing. Commissioner Chunn asked Attorney Dubow about the site plan and demolition permits. Attorney Dubow responded tonight's decision is only on the allocation of the Affordable Housing Flex Units. Once this is approved, then they can make sure that everything meets the Code requirements. He noted they would need a reasonable amount of time to submit everything to staff s satisfaction and to comply with the Code. He stated there is no parking problem on the property. Commissioner Anton asked if this came to light after the owner was cited. Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday,December 14,2004—7:00 p.m. . Mr. Leeds responded they found out from a resident who noticed it in a listing from the Multiple Listing Service. He noted the property owner had no knowledge when he purchased the property that it had been illegally converted. He stated the owner requested the changes after he was cited. Mayor McElyea asked if the converted units meet the Code. Mr. Leeds responded we don't know, and we will not know unless detailed construction plans are submitted. The Planning & Zoning Board recommended approval with the condition that the applicant must submit Code compliant drawings within 90 days. If it can't meet the Codes, then it cannot happen. Vice-Mayor Mikes asked if they would agree to let staff look inside. Mr. Leeds responded they have agreed to that, but they will not spend money on construction drawings without knowing they can submit plans. Vice-Mayor Mikes remarked this is the most blatant conversion. He thinks any contractor who does this should have his license removed. He thinks we need to send a message with this one. He would like to see improvements to the entire property, and bring it back to what it was originally intended to be (33 units). He stated this City does not lack affordable housing, and people want less of these trouble projects. He is distressed by the Planning & Zoning Board • approval. Mr. Leeds clarified the ad he saw, it was not in the MLS, it was picked up by a Code Officer from a resident. Commissioner Flury would like Mr. Leeds to look if the Occupational Licenses were issued for 33 units. She remarked a 33 unit building should be inspected annually by the Fire Department because the risk of fire is greater in a large building. She also remarked that somebody should look at the electrical meters to see if there are 43 or 33 meters. Mr. Leeds remarked we currently inspect and approve the installation of electrical meters, but this was not done in the past. City Manager Pato questioned if it would be appropriate to allow our Code team to go through the building. Commissioner Flury questioned if we are just creating extra work for the Code team. Mr. Bartley remarked if the Commission decides to give the four flex units, they could immediately begin the demolition of the six units. He stated if they cannot meet the Code on the four units, the Commission could take them back. He stated he did have the electrical inspector look at the electrical and he did not see any problems at this time. • Minutes of Regular Meeting 16 Dania Beach City Commission Tuesday,December 14, 2004—7:00 p.m. • Commissioner Chunn questioned the legality of the ten units with Section 8 Housing. Attorney Dubow responded there is only one unit with Section 8 housing. Ms. Bartelmes remarked it is still slum housing; they are crowding more people in there than it was designed to hold. Vice-Mayor Mikes asked if the Code team could take an inspection of the garage conversion area, and report to the Commission. Vice-Mayor Mikes motioned to continue Resolution 42004-211 until January 25, 2005 at 7:00 p.m.; seconded by Commissioner Chunn. The motion carried on the following 4-1 Roll Call vote: Commissioner Anton Yes Vice-Mayor Mikes Yes Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury No 9.9 RESOLUTION#2004-212 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST FOR MODIFICATIONS TO SITE PLAN SP-07-03, APPROVED ON JULY 27, 2004, SUBMITTED BY RICHARD AUSTIN AS THE AGENT REPRESENTING THE FIRST BAPTIST CHURCH OF DANIA HOLDING • COMPANY, INC., FOR PROPERTY LOCATED AT 201 EAST SHERIDAN STREET, DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of the Resolution. Corinne Church, City Planner, advised the request is to replace the proposed (22) 22' Royal Palms with smaller trees between 12'-14'. She noted the Royal Palms are proposed on either side of SW 151" Street and also running along Sheridan Street. Staff recommends the Royal Palms meet a minimum of at least 6' of gray wood. She advised the Commission has the discretion to approve substitute palms with, or without, 6' of gray wood. Commissioner Flury asked if the reason was the lack of availability of the larger trees. Ms. Church responded the reason given by the applicant is the cost differential and that smaller trees transplant and grow better on-site. Mayor McElyea opened the Public Hearing. Reverend Richard Austin remarked some of the trees are excessive in height and cost. He suggested the Royal Palms be brought back to the original height of 14', and bring the Foxtail Palms down to 14'. He noted a powerline runs along the entrance to Mr. Bartley's project which could interfere with the planting of the Palm trees. • Mr. Leeds remarked the powerlines should have been shown on the plan; if they were on the Minutes of Regular Meeting 17 Dania Beach City Commission Tuesday,December 14, 2004—7:00 p.m. plan, staff would have taken them into consideration. Richard Sparkman, 45 SE 6th Street, Dania Beach, remarked the only reason he is concurring on smaller trees is because anything east of SE 2nd Avenue will grow twice as fast as anywhere else in the City. Vice-Mayor Mikes recommended planting Sable Palms and Royal Palms. Seeing as there was no one else to speak in favor or opposition, Mayor McElyea closed the Public Hearing. Vice-Mayor Mikes motioned to approve Royal Palms with at least 6' of gray wood, and place Sable Palms and Foxtails with at least 6' of gray wood under the powerlines; seconded by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Mikes Yes Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes 9.10 RESOLUTION#2004-213 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY GUSTAVO J. CARBONELL, ON BEHALF OF WILLIAM E. ELMORE, JR., FOR • PROPERTY LOCATED AT 2967 RAVENSWOOD ROAD, GENERALLY LOCATED ON THE WEST SIDE OF RAVENSWOOD ROAD, SOUTH OF STATE ROAD 84 AND NORTH OF SW 31ST STREET,DANIA BEACH; . PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 9.11 RESOLUTION#2004-214 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A SPECIAL EXCEPTION REQUEST SUBMITTED BY GUSTAVO J. CARBONELL, ON BEHALF OF WILLIAM E. ELMORE, JR., FOR PROPERTY LOCATED AT 2967 RAVENSWOOD ROAD, WHICH IS GENERALLY LOCATED ON THE WEST SIDE OF RAVENSWOOD ROAD, SOUTH OF STATE ROAD'84, NORTH OF SW 31IT STREET IN DANIA BEACH, TO ALLOW A STORAGE WAREHOUSE FACILITY USE IN AN INDUSTRIAL RESEARCH OFFICE MARINE (IROM) ZONING DISTRICT; AS PROVIDED FOR IN CHAPTER 28, ZONING, ARTICLE 18 "INDUSTRIAL-RESEARCH-OFFICE-MARINE (IROM) DISTRICT" REGULATIONS; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of both Resolutions because they affect the same property. Laurence Leeds, Director of Community Development, advised the property is currently vacant and zoned Industrial/Research/Office Marine. The applicant has proposed a 21,000 square foot self storage warehouse unit. He noted staff has been advised these would be sold as condominiums and priced at $150,000, and a bathroom would be in each self storage unit. He is concerned these storage warehouses will be converted into other businesses. The P&Z Board did not agree with staff and recommended a restrictive covenant for limited use of the property to a storage warehouse and specifically prohibiting certain uses and outdoor storage of equipment. He noted that signage would not be permitted. Minutes of Regular Meeting 1 g Dania Beach City Commission Tuesday,December 14,2004-7:00 p.m. • Mayor McElyea opened the Public Hearing. Gus Carbonell, 1457 NE 4t" Avenue, Ft. Lauderdale, is the architect and spoke on behalf of his client. He explained this is the third project they have designed and there is a need in the community for private self storage. The typical tenants are people with large boats or motor homes who need a place to store their toys. Each unit will be air conditioned and the restrictions being imposed are acceptable because the condominium documents will include more restrictions than the City is requesting. He noted no signs would be installed on the property. The covenant will prohibit overnight parking and parking of commercial vehicles. The site plan is designed to create a maneuvering area for vehicles. He commented that someone who spends $150,000 for a storage unit should not have to use a community bathroom that would require an attendant. This is a new concept and the bathrooms are crucial to the marketability of these units. He advised a lift station is part of the project and is crucial to the development of Ravenswood Road. Seeing as there was no one else to speak in favor or opposition, Mayor McElyea closed the Public Hearing. Commissioner Chunn motioned to approve Resolution #2004-213, Site Plan, with the recommendations of the Planning & Zoning Board; seconded by Vice-Mayor Mikes. The motion carried on the following 5-0 Roll Call vote: • Commissioner Anton Yes Vice-Mayor Mikes Yes Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes Vice-Mayor Mikes motioned to approve Resolution #2004-214, Special Exception, with the recommendations of the Planning & Zoning Board; seconded by Commissioner Chunn. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Mikes Yes Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes 10. Commission Comments 10.1 Commissioner Anton Commissioner Anton wished everyone a Happy Holiday and a safe and prosperous New Year. He thanked the City staff and all of the employees for the excellent job they have done this year. 10.2 Commissioner Chunn Commissioner Chunn thanked God for life. He thanked Chief Cowart on behalf of the residents . of NE 5`" Court for the outstanding job they have done in the neighborhood. He asked if more Minutes of Regular Meeting 19 Dania Beach City Commission Tuesday,December 14, 2004—7:00 p.m. • patrol cars could be placed on NE 81h Avenue. He asked the City Manager for an update on the lighting in the west area of the City. City Manager Pato responded he attended the meetings in the west and they have a clear understanding of the status. He advised it is in the hands of FP&L. Commissioner Chunn wished everyone a Merry Christmas and a Happy New Year. 10.3 Commissioner Flury Commissioner Flury wished everyone a Happy Holiday and a healthy and Happy New Year. 10.4 Vice-Mayor Mikes Vice-Mayor Mikes reported the Melaleuca Association meeting had a presentation by the County trailer people. There are two upcoming Public Hearings they want to schedule for one night; they are talking about doing it all day but he thinks the feeling of the people in the audience was by scheduling both of these Public Hearings on the same day would make it difficult for people to attend both of them. They thought a better suggestion would be two Public Hearings on airport issues: one is the Master Plan, the other is the EIS;.and would be better if they were on separate days so that people that were specifically interested in one of them could attend one. And if they want to attend both they would have the ability to attend them after work if they are • during weekdays. He thinks they were talking that you would need to leave work to attend both in one day. He thinks this lies on the face of Public Hearings which is to get the maximum amount of public comment possible. He commented we should prepare a Resolution from the City to the County suggesting that any airport Public Hearings should not be scheduled at any time that would conflict with the working public being able to attend, and preferably on separate nights when they are different issues. Vice-Mayor Mikes asked the City Attorney if the Resolution he requested asking for an Opinion from the Florida Ethics Commission was on the Agenda tonight. City Attorney Ansbro responded it was part of the Consent Agenda. Vice-Mayor Mikes wished everyone Happy Holidays and noted we were having a holiday gathering for the City employees on Thursday, December 23ra City Manager Pato responded we wanted the opportunity to celebrate the holidays with our employees at the new Frost Park Recreation Center. He advised City Hall would be closing at 3:00 p.m. on December 23ra so the employees could attend the gathering. Commissioner Anton asked if we could make a motion for the resolution because we are not having another meeting until January. Vice-Mayor Mikes remarked he could add a Resolution to the Agenda directing the City • Attorney to draft a letter to the Aviation Department and copy the County Commission Minutes of Regular Meeting 20 Dania Beach City Commission Tuesday,December 14,2004—7:00 p.m. • requesting that any scheduling of Public Hearings affecting airport expansion or airport projects be scheduled appropriately to have maximum ability of the public to attend; and that includes scheduling for after hours and not scheduling them concurrently at possibly different locations or anything that would discourage the public from being able to attend more than one of the meetings if they both were to be affecting them. Vice-Mayor Mikes made this request a motion, which was seconded by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Mikes Yes Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes 10.5 Mayor McElyea Mayor McElyea commented he received a form that showed how efficient we are on the Street Light issue, but unfortunately it is not accurate. He noted there should be a check and balance system to make sure FP&L is maintaining the lights. He questioned if FP&L lets us know when they make repairs. Chief Brian Cowart reported we do not have a mechanism to check repairs, but the Officers do try to report an outage as soon as they notice one. . Mayor McElyea commented we should deduct the cost from our bill for any light that is not in service. He suggested the Citizens on Patrol check the lights at night to see if they need repair. Chief Cowart acknowledged it was a good suggestion and they would look into it. Mayor McElyea wished everyone a Happy Holiday. 11. Discussion and Possible Action There were no items scheduled for discussion. 12. Appointments There were no appointments at this meeting. 13. Administrative Reports 13.1 City Attorney City Attorney Ansbro wished everyone a Happy Holiday. Minutes of Regular Meeting 21 Dania Beach City Commission Tuesday,December 14, 2004—7:00 p.m. 13.2 City Manager City Manager Pato announced the City's Holiday Party would be Thursday, December 23, 2004 from 3:00 p.m. on, at Frost Park. He noted the employees would be allowed to leave early to attend. He passed out a timeline for the Bond Referendum issue to the Commission. He advised the activities would begin on January 5th City Manager Pato noted he had an issue and needed guidance from the Commission for requests made to the Fire Department. He reported the requests range from filling swimming pools to use of a Fire Truck to deliver Christmas toys for the Estates of Ft. Lauderdale. He commented we receive these requests quite often and his concern is that some of the requests are directed to staff and not through the City Manager, and it places the employees in a bad position. Fire Chief Ken Land remarked this happens quite often, and the request to fill the swimming pool would take a Fire Truck out of service for four to five hours. He commented the Estates of Ft. Lauderdale also requested a Fire Truck to drive Santa Claus around which would also take the truck out of service. He noted that other department heads are receiving requests asking for use of City staff and equipment, and asked the Commission for a policy on how to handle these requests. Vice-Mayor Mikes questioned why we should fill anybody's swimming pool. He noted the Commission has a hard time saying no to anybody which is why we set up the Committee at I.T. Parker. He remarked we should set up a policy, through Resolution, to make these requests go through an Advisory Board. He noted these requests are abuse of taxpayer dollars. Fire Chief Land will follow through with the City Attorney and staff for a policy. He advised that the Fire Department and the BSO will join together to deliver toys to needy children on December 23ra City Manager Pato wished everyone a happy and safe Holiday Season. 13.3 City Clerk—Meeting Reminder Wednesday, December 15, 2004—9:00 a.m. —Breakfast Meeting with BSO Tuesday, January 11, 2005 —7:00 p.m. —Regular Commission Meeting Thursday, January 20, 2005 — 6:00 p.m. —Abatement Hearing Tuesday, January 25, 2005 —7:00 p.m. —Regular Commission Meeting 14. Adjournment Mayor McElyea adjourned the meeting at 10: 25 p.m. • Minutes of Regular Meeting 22 Dania Beach City Commission Tuesday, December 14,2004—7:00 p.m. CITY OF DANIA BEACH L Q ATTEST: C.K. MCELYEV l MAYOR-COMMISSIONER "L:OUISE STILSON CITY CLERK Approved: January 11, 2005 • Minutes of Regular Meeting 23 Dania Beach City Commission Tuesday, December 14,2004—7:00 p.m.