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HomeMy WebLinkAbout2003-03-12 Regular City Commission Meeting Minutes MINUTES DANIA BEACH CITY COMMISSION REGULAR MEETING MARCH 12, 2003 1. CALL TO ORDER: Mayor Chunn called the meeting to order at 7:00 p.m. 2. INVOCATION AND PLEDGE OF ALLEGIANCE: * Rev. Roger Holoubek, St. Maurice Catholic Church 3. ROLL CALL: Present: Mayor: Robert Chunn Vice-Mayor: Pat Flury Commissioners: John Bertino C.K. McElyea Bob Mikes City Attorney: Tom Ansbro City Manager: Ivan Pato City Clerk: Charlene Johnson 4. CITIZENS' COMMENTS: 4.1 Steve Gronenburg, 2900 SW 45 Street, requested the Commission reconsider the Cape Fear project. He noted that he was the largest landholder in the neighborhood and supported the project. Mayor Chunn stated that it was his last official meeting as Mayor of the City of Dania Beach and took the opportunity at this time to thank the citizens and various Dania organizations for their support. He was grateful for the opportunity the United States of America provided to him to get to this point. 5. PRESENTATIONS AND SPECIAL EVENT APPROVALS: ITEM 5.4 HEARD BEFORE ITEM 5.1 5.1 Presentation of Comprehensive Annual Financial Report for Fiscal Year 01/02. (Grau & Company, City Auditors) City Manager Pato indicated that the financial report had just been delivered a few hours earlier and noted that neither staff nor the Commissioners had had the opportunity to review its contents sufficiently. He requested that the item be continued to the next regular meeting and the auditors will then return for this report. MINUTES 1 MARCH 12, 2003 CITY OF DANIA BEACH 5.2 General Employee Recognition Program — "Employee of the Month" for February • • 2003: Connie Falzone. Mike Sheridan, Director of Public Works and Utilities, recognized the February 2003 Employee of the Month as being classified as the "Unofficial Mayor of Dania Beach" and had served the City during the past 12 years in various capacities. She had worked her way up the ranks from cashier to Administrative Assistant in the Public Works and Utilities Department. He noted how well she had served the City and community with professionalism and kindness. He announced Ms. Connie Falzone as February's "Employee of the Month" and presented her with a plaque, a check, and a Dania Beach shirt. Connie Falzone stated her thankfulness for the opportunity to work for the City of Dania Beach. Mayor Chunn thanked her personally for the kindness that she had shown to residents. 5.3 Acceptance of Certification of General Election (March 11, 2003) results from the Broward County Canvassing Board. (City Clerk) Charlene Johnson, City Clerk, noted the publicity concerning the elections over the last few months and thanked the following people and organizations for their assistance in making this certification possible: City of Fort Lauderdale, Supervisor of Elections personnel — Ken Leb, Mary Cooney, the Broward Sheriff's Office, Stacey Hoey, Jose Urtecho, Mardie Holloway, the voting system technicians, and poll workers. • A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, to approve acceptance of certification. The motion passed on the following 5-0 roll call vote: Commissioner Bertino—yes Vice-Mayor Flury—yes Commissioner McElyea —yes Mayor Chunn —yes Commissioner Mikes —yes Commissioner Mikes congratulated Charlene Johnson for her work toward this recognition. Mayor Chunn congratulated the other Commissioners. ITEM 5.4 HEARD BEFORE ITEM 5.1 5.4 Jason Crush, Executive Director of Habitat for Humanity of Broward County, thanked the Commissioners and city staff for working with them to get this project underway and noted that the first building for Habitat for Humanity in 1988 was in Dania Beach. He thanked Art Barker, from The Seed, for providing funds to buy the land and expressed gratitude to neighborhood businesses as well. Mayor Chunn reported that Habitat for Humanity was going to have 18 homes built in Dania Beach. He thanked Art Barker, personally, for providing funds for the property on which to build these homes and credited Mr. Barker for giving him the opportunity, years MINUTES 2 MARCH 12, 2003 CITY OF DANIA BEACH ago, to turn his life around. He thanked Kenny Novack for first introducing him to Habitat . for Humanity and extended appreciation to his family. Mildred Jones, from the Board of Habitat for Humanity, described some of the history of Habitat for Humanity in Dania Beach. She noted Commissioner McElyea's participation in the program and expressed her gratitude for the upcoming project. 6. PROCLAMATIONS: NONE 7. CONSENT AGENDA (INCLUDING EXPENDITURES): 7.1 Minutes: NONE 7.2 Travel Expenditures- NONE 7.3 Bills: NONE Resolutions — 7.4 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, MKN INVESTORS, LLC., AND THE CITY OF DANIA BEACH RELATING TO REQUIRED OFF-SITE IMPROVEMENTS IN CONNECTION WITH GRIFFIN LAKES DEVELOPMENT; SUBJECT TO CERTAIN TERMS AND CONDITIONS; • PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.5 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE EXPENDITURES OF ANNUAL BUS BENCH ADVERTISING RENTAL REVENUE RECEIVED BY THE CITY ($10,000.00) TO BE ALLOCATED AS FOLLOWS: $4,000 TO THE DANIA BEACH CHAMBER OF COMMERCE, $500 "LEAGUE FOR THE HARD OF HEARING", $500 "SASC", $750 "LIGHTHOUSE OF BROWARD COUNTY", $500 "GIRL SCOUTS", $750 "WOMEN IN DISTRESS", $750 "HENDERSON MENTAL HEALTH" AND THE REMAINING BALANCE OF FUNDS TO "THE AREA AGENCY ON AGING OF BROWARD COUNTY". ORDINANCES —TITLE TO BE READ BY CITY ATTORNEY 7.6 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO CABLE TELEVISION; EXTENDING THE COMCAST OF FLORIDA CABLE FRANCHISE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. (FIRST READING) 7.7 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 28, WHICH CHAPTER IS ENTITLED "ZONING", OF THE CITY CODE OF ORDINANCES BY AMENDING ARTICLE 5., ENTITLED "SUPPLEMENTARY LOT REGULATIONS", SECTION 5.30, ENTITLED "YARD REGULATIONS" AND SECTION 5.31, ENTITLED "RS-18000, RS-12000, RS- MINUTES 3 MARCH 12, 2003 CITY OF DANIA BEACH 8000 AND RS-6000 DISTRICTS", TO RESTRICT AIR CONDITIONING UNITS, HEATING UNITS, POOL PUMPS AND RELATED EQUIPMENT TO A REAR YARD AND TO REQUIRE SUCH ITEMS TO OBSERVE A MINIMUM FIVE (5) FOOT SETBACK FROM THE APPLICABLE PROPERTY LINE; FURTHER, EXPANDING THE RESTRICTIONS OF SECTION 5.31, WHICH ALSO APPLIES TO PERMITTED PROJECTIONS OF CHIMNEYS, EAVES, BAY WINDOWS AND BALCONIES INTO YARD AREAS TO APPLY TO R-1C AND RD-8000 ZONING DISTRICTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.8 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 28, WHICH CHAPTER IS ENTITLED "ZONING", OF THE CITY CODE OF ORDINANCES BY AMENDING THE "SCHEDULE OF LOT, YARD AND BULK REGULATIONS CITY OF DANIA BEACH, FLORIDA" TO ESTABLISH FOR COMMERCIAL DISTRICTS (C-1 TO AND INCLUDING C-4) A REAR YARD AND SIDE YARDS' SETBACK REQUIREMENT FOR BUILDINGS WHICH ARE PROPOSED TO BE LOCATED ADJACENT TO A SINGLE FAMILY ZONING DISTRICT OR ANY EXISTING SINGLE-FAMILY HOME, SUCH SETBACK TO BE EQUAL TO THE HEIGHT OF THE PROPOSED BUILDING; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.9 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 28, WHICH CHAPTER IS ENTITLED "ZONING", OF THE CITY • CODE OF ORDINANCES BY AMENDING ARTICLE 5, ENTITLED SUPPLEMENTARY LOT REGULATIONS", SECTION 5.16, ENTITLED "INTERSECTION VISION" TO CREATE SPECIFIC VISION OBSTRUCTION RESTRICTIONS APPLICABLE TO NEW STRUCTURES ERECTED IN C-2 (COMMERCIAL) ZONING DISTRICTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.10 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST BY SHELLEY EICHNER OF CALVIN GIORDANO AND ASSOCIATES REPRESENTING NAC INVESTORS, LLC, FOR PROPERTY LOCATED AT 3064 GRIFFIN RD., DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM T-1 (TRAILER PARK) AND C-2 (COMMERCIAL) TO RM-2 (RESIDENTIAL) TO ALLOW 55 TOWN HOMES, PLUS THE ALLOCATION OF TWO RESERVE UNITS, TO ALLOW A TOTAL OF 57 TOWN HOMES; SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the titles of the Ordinances for Items 7.6, 7.7, 7.8, 7.9, and 7.10. MINUTES 4 MARCH 12, 2003 CITY OF DANIA BEACH A motion was made by Commissioner Bertino, seconded by Vice-Mayor Flury, to approve the Consent Agenda. The motion passed on the following 5-0 roll call vote: Commissioner Bertino —yes Vice-Mayor Flury— yes Commissioner McElyea—yes Mayor Chunn —yes Commissioner Mikes —yes 8. BIDS AND REQUESTS FOR PROPOSALS: NONE 9. PUBLIC HEARINGS AND SITE PLANS: 9.1 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING SECTION 27-22 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, TO RECLASSIFY FROM AN ACCOUNTING PERSPECTIVE THE STORMWATER UTILITY FUND FROM A SPECIAL REVENUE FUND TO AN ENTERPRISE FUND IN COMPLIANCE WITH GASB (GOVERNMENTAL ACCOUNTING STANDARD BOARD) STATEMENT 34, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of the Ordinance. Mayor Chunn opened the public hearing. Hearing no one speak in favor or opposition, Mayor Chunn closed the public hearing. • A motion was made by Commissioner Bertino, seconded by Vice-Mayor Flury, to adopt the Ordinance on second reading. The motion passed on the following 5-0 roll call vote: Commissioner Bertino—yes Vice-Mayor Flury—yes Commissioner McElyea —yes Mayor Chunn —yes Commissioner Mikes —yes At this time, City Attorney Ansbro advised that the next several applications under the Public Hearing section were Quasi-judicial matters and that all witnesses wishing to speak must be sworn in and that the City Commission, in accordance with the Jennings Ruling, must report all communications. City Attorney Ansbro presented an Oath to everyone who expected to speak on the requests. Commissioners Bertino and McElyea revealed disclosures. 9.2 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST BY CALVIN GIORDANO AND ASSOCIATES, REPRESENTING THE SHAMROCK OF BROWARD, LTD., FOR PROPERTY 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; CHANGING THE CURRENT ZONING • CLASSIFICATION OF THE PROPERTY FROM C-2 (COMMERCIAL) TO THE MINUTES 5 MARCH 12, 2003 CITY OF DANIA BEACH CLASSIFICATION OF RM-3 (MULTI-FAMILY RESIDENTIAL) INCLUDING THE • ASSIGNMENT OF 87 FLEX UNITS, SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) Laurence Leeds, Growth Management Director, reminded the Commission of the history of the item and noted that they had directed the developer to go back to meet with the residents of Sheridan Ocean Club and address some of their concerns regarding the buffering and transitional uses between the proposed condominium and the existing single-family subdivision. He reported that the developer had met with some of the residents and they supplied him with a three-page document outlining many of their concerns. He noted that most of the items went beyond City site plan review and zoning code. He noted that the City had no objection to any of the items; however, he felt that the City did not have authority to enforce them. He understood from the City Attorney that in order for residents to have the items enforced, they would have to be included as deed restrictions, to which the developer objected. Director Leeds assured residents that the City would consider their position during site plan review; but felt that he could not guarantee enforcement. City Attorney Ansbro clarified that he had only spoken to residents concerning the height of the project. He explained that if the applicant did not agree to impose the height restriction willingly, the City could impose a deed restriction or covenant recorded against the property. He had not addressed any of the other concerns, but felt the other items could be addressed as site plan conditions. • Director Leeds stated that these items prolonged the site plan process and confirmed that these things could be enforced by the City. Mayor Chunn opened the public hearing. Anthony Paroddy, 1086 SE 5 Court, spoke in support of the developer, Kevin Guthard, and recounted how Mr. Guthard had treated him kindly and professionally in the past. He stated that he appreciated Commissioner Mikes supporting comments at the last meeting. Ken Johnston, 1326 SE 5 Court, recounted how homeowners had met with Kevin Guthard and hoped the document provided legal protection. He thanked City staff for heeding homeowners' concerns and stated that they anticipated working with Mr. Guthard until the project was completed. Hearing no one else speak in favor or opposition, Mayor Chunn closed the public hearing. Kevin Guthard, project developer, thanked everyone for their comments and outlined what he had done to address residents' concerns. He stated that he had agreed to their requirements and anticipated completing the project without any changes. In response to Commissioner Mikes' question, Mr. Guthard stated that the condominium association and DPEP would be responsible for the conservation easement. MINUTES 6 MARCH 12, 2003 CITY OF DANIA BEACH A motion was made by Commissioner Bertino, seconded by Mayor Chunn, to change the zoning to RM-3 with the allocation of a maximum of 87 flex units with the voluntary agreement by the developer to include the height restriction in his condominium documents and to have the other items in the letter dated March 11, 2003 (attached as Exhibit "B") listed in the site plan and zoning request. The motion passed on the following 5-0 roll call vote: Commissioner Bertino —yes Vice-Mayor Flury— yes Commissioner McElyea —yes Mayor Chunn —yes Commissioner Mikes —yes 9.3 SP-11-02 A Site Plan Modification request by Shelley Eichner of Calvin Giordano and Associates, representing MKN Investors, LLC., to construct a screen wall in lieu of a combination screen wall/split metal rail fence along the east lot line adjacent to Ravenswood Road for property located at 2300 Griffin Road. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING MODIFICATIONS TO THE APPROVED SITE PLAN SUBMITTED BY SHELLEY EICHNER OF CALVIN GIORDANO AND ASSOCIATES, REPRESENTING MKN INVESTORS, LLC., "GRIFFIN LAKES", FOR PROPERTY LOCATED AT 2300 GRIFFIN RD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of the Ordinance. Laurence Leeds, Growth Management Director, stated that this was a modification of a site plan that was approved in May of 2002 for"Griffin Lakes" relating to the construction of walls and fences around the perimeter of the property. Shelley Eichner, Calvin Giordano and Associates, described the modifications that became apparent as the Harbour Isles project construction had begun. She reported that they proposed replacing the wood, shadow box fence on the west boundary with a solid wall such as was originally proposed for the south boundary. She also noted that they proposed reducing the diameter of the columns on the north-side fence from 24" to 13" to allow more room for the landscaping; and they had extended the decorative wall to run along Ravenswood Road to reduce noise and lights generated by the Tri-Rail Station. She described that the fence's zigzag offset extended along Ravenswood Road with the exception of the portion immediately adjacent to the opening. She indicated that the proposed coloring was consistent with the approved colors of the townhouses. She explained the necessity to raise the wall up to 10 feet in some areas within the property to accommodate the difference in grade between the roadway and the applicant's property and specified that the wall along Ravenswood Road was only six feet. Director Leeds indicated that the replacement of the wood fence with the wall was requested by his department and confirmed the height at six feet. He noted the importance of having adequate landscaping provided along Griffin and Ravenswood Roads. He stated that he supported the approval of the proposed revisions along with the wall around the entire complex. . MINUTES 7 MARCH 12, 2003 CITY OF DANIA BEACH Ms. Eichner clarified for Commissioner Bertino the location where the grading problem . required the fence to be 10 feet. Director Leeds explained that the 10-foot portion of the wall would not be seen from the road, assured Commissioner Bertino of its necessity, and confirmed that the applicant had promised additional landscaping in that area. A motion was made by Commissioner Bertino, seconded by Commissioner Mikes, to adopt the Resolution with the condition that 50% of the variation wall be landscaped. Commissioner Bertino —yes Vice-Mayor Flury— yes Commissioner McElyea —yes Mayor Chunn —yes Commissioner Mikes —yes 10. COMMISSION COMMENTS: 10.1 Commissioner Bertino thanked citizens of Dania Beach for their support over the last 27-28 years. He also thanked the City employees and noted the quality of people employed by the City. He noted that one Commissioner accomplished nothing alone and thanked the other Commissioners for working with him. 10.2 Commissioner McElyea stated that it had been a pleasure to work with Commissioner Bertino over the years. He wanted to know the status of the streetlight at 5th Avenue. City Manager Pato reported that they were still waiting for a response from The Danians. Commissioner McElyea commented on the standing rainwater problem on Stirling Road and felt something needed to be done. He would like the City to take the initiative and get something done about both the 5th Avenue streetlight and the drainage problem on Stirling Road instead of waiting to hear from The Danians or FDOT. Commissioner McElyea also noted how busy 301h Avenue had become and felt that something needed to be done to slow traffic. He thanked the citizens for re-electing him and especially noted the support from the three Fairchild sisters. He announced an upcoming trip to Tallahassee for Broward Days and hoped to secure some grant funds while there. 10.3 Commissioner Mikes recounted how Commissioner Bertino relieved tense meetings with his sense of humor. He wished him the best for his real estate business and credited him for keeping meetings in order. Commissioner Mikes spoke of his own initiative that reduced the size of political signs and contributions and felt it was successful. He also commented on subsidizing City facilities for service organization use and noted he was opposed to them using the facilities to support only one or two candidates. He hoped to initiate some type of ordinance that limited the use of subsidized City facilities from restricted, political uses. He felt public buildings should have provided open access. He also thanked Mayor Chunn for his job over the past year. 10.4 Vice-Mayor Flury congratulated the new mayor, Bob Anton, and wished him luck . as well as Vice-Mayor-elect McElyea. She thanked the employees of the City Clerk's MINUTES 8 MARCH 12, 2003 CITY OF DANIA BEACH office for their fine work. She noted the letter of resignation from Bo Donly from the • Police Fire Pension Board and requested staff to send him an official Thank You note. She also informed the public that some officials had met with EIS, opposed the pipeline coming into Dania Beach, and filed appropriate objections to their permit request. She noted that Commissioners were not at that public hearing because it was the same night as the airport meeting. She also felt it was time that the Commission establish a Charter Review Advisory Board and noted it had not been reviewed since 1996 and requested it be placed on the March 25 meeting agenda. 10.5 Mayor Chunn thanked City Manager Pato, City Clerk Johnson, and City Attorney Ansbro for their work with the Commission and thanked the Fairchild sisters. He reported that the boat races were looking for a host and asked City Manager Pato to review the opportunity for Dania Beach to be involved with that event. 11. DISCUSSION AND POSSIBLE ACTION: 11.1 Motion to reconsider zoning change request to PUD (Planned Unit Development) as presented by Developer Michael Shiff at the February 25th Commission meeting for property generally located north of SW 45th Street, east of SW 30th Avenue, west of SW 28th Terrace, and south of the Dania Cut-Off Canal ("Cape Fear" Plat) in Dania Beach. (Mayor Chunn) Mayor Chunn passed the gavel to Vice-Mayor Flury. A motion was made by Mayor Chunn, seconded by Commissioner Bertino, to • reconsider the item in the March 25, 2004 regular meeting. The motion passed on the following 4-1 roll call vote: Commissioner Bertino—yes Vice-Mayor Flury—yes Commissioner McElyea —yes Mayor Chunn —yes Commissioner Mikes — no 11.2 Request by Patrick Vaccaro to remove one existing oak tree located on vacant property on the south side of SW 451h Street, between SW 29th Terrace and SW 30th Avenue. (Growth Management Director) Laurence Leeds, Growth Management Director, described the location of the tree across from the Cape Fear property and noted that Mr. Vaccaro wished to build a house there. Director Leeds noted that the applicant was preserving or relocating eight oak trees on the property and stated that since the cost to relocate these particular trees was $5000 and the one tree's condition was only fair, neither good nor bad, the applicant had requested permission to have it removed. Director Leeds explained that the Commission had the following two options: 1) require the applicant to relocate the tree within his property, or 2) accept a $3200 contribution to the Landscape Trust Fund. He recommended accepting the trust fund contribution since the tree was only in fair condition. He reported for Commissioner Mikes that the tree was approximately 15 inches in diameter. Vice-Mayor Flury stated that according to her observation the tree could not be • successfully relocated. MINUTES 9 MARCH 12, 2003 CITY OF DANIA BEACH • Mr. Vaccaro, the applicant, confirmed that the tree moving company had recommended against relocation and reported it was costing him $6000 per tree to have two others relocated. Commissioner McElyea suggested moving one of the trees across the street to the park. Commissioner Mikes agreed. Mr. Vaccaro stated that he was willing to donate either one or both trees to the park, but noted that the City had to water them. A motion was made by Commissioner Bertino, seconded by Vice-Mayor Flury, to allow the applicant to remove the tree, make a $3200 contribution to the Landscape Trust Fund, and accept the donation of any trees onto the park property, if the applicant desired. The motion passed on the following 5-0 roll call vote: Commissioner Bertino —yes Vice-Mayor Flury—yes Commissioner McElyea —yes Mayor Chunn —yes Commissioner Mikes —yes Addendum 11.3 Discussion of funding for completion of a Roller Hockey rink at Frost Park. (Commissioner Bertino) • Commissioner Bertino reported on the success of the Roller Hockey Team at Frost Park last year. He explained that in the past the Commission voted to install new, plasticized boards on the hockey rink and that these boards had not held up to expectations. He indicated that they were removed for the safety of the participants. He stated that hockey season started in eight or nine weeks and the money for the board replacement had not been budgeted. He reported that he had met with the City Manager and the people from the Optimist Club and suggested using some of the Recreational Impact Fees to fund the project. City Attorney Ansbro explained that since this was the only park in the city with a hockey program, there was no problem with using the Park Impact Fees to fund the replacement. A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, to allow the City manager to use $47,500 from Recreational Impact Fees to replace the hockey rink boards at Frost Park, as soon as possible. City Manager Pato reported for Commissioner Mikes that there were $47,000 in Park Impact Fees. Commissioner Mikes mentioned that some of the funds needed to be used for Tigertail Lake. • MINUTES 10 MARCH 12, 2003 CITY OF DANIA BEACH Pat Varney, Finance Director, clarified that Park Impact Fees were part of the General Fund, but they were restricted. She reported that there was a $47,000 balance from last year and that $384,000 was being collected from a new development for that Fund, as well. Vice-Mayor Flury clarified that $384,000 new revenue was designated as Park Impact Fees, $47,000 was the Fund balance from last year, and that the current Fund was approximately $420,000. Finance Director Varney replied in the affirmative Commissioner Mikes requested that the boards be installed by a qualified, licensed professional. Commissioner Bertino agreed and confirmed that had been arranged. The I.T. Parker Fund was discussed. The motion passed on the following 5-0 roll call vote: Commissioner Bertino —yes Vice-Mayor Flury—yes Commissioner McElyea —yes Mayor Chunn —yes Commissioner Mikes —yes 12. APPOINTMENTS: ® BOARD APPOINTMENTS WITH TERMS ENDING MARCH 18, 2003 ARE CONTINUED TO MARCH 25, 2003 REGULAR MEETING. 12.1 Appointment by Commission of one (1) Alternate citizen member on the Civil Service Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF ONE ALTERNATE CITIZEN MEMBER ON THE CIVIL SERVICE BOARD; PROVIDING THAT SAID ALTERNATE MEMBER SHALL SERVE A THREE-YEAR TERM ENDING APRIL 2004; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." NONE 13. ADMINISTRATIVE REPORTS: 13.1 City Manager thanked Commissioner Bertino for his support and announced that he looked forward to working with the new Commission. 13.2 City Attorney Ansbro presented a Resolution appointing Ivan Pato as City Manager. He explained it was necessary because the Charter provided that the employment contract could not be extended beyond the date of the next regular General Election, which was March 11, 2003. He indicated that if there was consideration for MINUTES 11 MARCH 12, 2003 CITY OF DANIA BEACH another employment contract with Ivan Pato, the Charter required a five-day advance • notice of public hearing. He stated that this Resolution was an interim measure to continue with the City Manager's current salary and benefits until such time as the City Commission decided to hold a Workshop or renegotiate a new contract. He noted that the Resolution was retroactive until this morning at 12:01 a.m. and suggested that this Section of the Charter be reviewed as part of the Charter review process. Vice-Mayor Flury agreed that the new Commission should be seated first and then, at the next meeting of March 25, 2003, a timetable be determined for either a performance evaluation or contract. A motion was made by Vice-Mayor Flury, seconded by Commissioner Bertino, to adopt the Resolution appointing Ivan Pato, City Manager, with the same salary, benefits, and employment as he had previously. The motion passed on the following 5-0 roll call vote: Commissioner Bertino —yes Vice-Mayor Flury—yes Commissioner McElyea —yes Mayor Chunn — yes Commissioner Mikes —yes 13.3 City Clerk—Meetings Reminders: -March 17, 2003 -7:00 p.m.-Organizational Meeting (seating of Mayor & Vice Mayor) -March 25, 2003 -7:00 p.m. - Regular Meeting 14. ADJOURNMENT The meeting adjourned at 8:40 p.m. /r C.K. MCELYE MAYOR-COM SSIONER ATTEST: LOUISE STILSON CITY CLERK Respectfully submitted by Jill Fiorentino APPROVED: July 27, 2004 MINUTES 12 MARCH 12, 2003 CITY OF DANIA BEACH