HomeMy WebLinkAbout2002-02-12 Regular City Commission Meeting Minutes MINUTES
. DANIA BEACH CITY COMMISSION
REGULAR MEETING
FEBRUARY 12, 2002
7:00 P.M.
1. CALL TO ORDER
Mayor Flury called the meeting to order at 7:00 p.m.
2. INVOCATION AND PLEDGE OF ALLEGIANCE:
The invocation was given by Senior Pastor Gary Culbertson, Griffin Road Baptist
Church.
3. ROLL CALL:
Present:
Mayor Pat Flury
Vice-Mayor Robert Chunn
Commissioners: John Bertino
Charles McElyea
Bob Mikes
City Attorney: Tom Ansbro
City Manager: Ivan Pato
Recording Clerk: Nanci Denny
4. CITIZENS' COMMENTS:
Charlene Scalese, 826 NW 13 Avenue, thanked Code Enforcement Officer Eric
Baker for his help in having the storage yards cleaned up on Perimeter Road & New
Griffin Road. Ms. Scalese also spoke on behalf of term limits, commented on the
new trees on Dania Beach Boulevard and New Griffin Road, and requested that
something be done to make the beach look better.
Albert Jones spoke in opposition of placing the possible rescinding of"term limits" on
a referendum, he felt it would be more appropriate to place the possibility of
"districting" on a referendum.
5. PRESENTATIONS AND SPECIAL EVENT APPROVALS:
5.1 Chief Bryan Cowart, BSO, presented the "Deputy of the Month" award for
January 2002, to Deputy Christopher Geary for his outstanding performance in
apprehending a car thief as well as a bicycle thief.
MINUTES —CITY OF DANIA BEACH 1 FEBRUARY 12, 2002
5.2 June Silvernale, Gary Garafola & Patty Hart presented awards for best floats in
the Tomato Festival parade. The award for Best Marching Unit went to South
Broward High School, the award for Best Decorated went to Dania Elementary
School, the award for Best Float went to Dania United Methodist Church and
the award for Best Overall Theme went to the Law Enforcement and
Fire/Rescue departments. They thanked City Manager Pato, Deputy Tarrant,
Chief Land and the the city employees who helped make the festival a success.
6. PROCLAMATIONS:
6.1 Proclamation declaring February 15, 2002 as "Kathleen Dempsey Day" in the
City of Dania Beach.
City Manager Pato read the proclamation in its entirety. Mayor Flury and City
Manager Pato presented a framed proclamation to Kathleen Dempsey.
6.2 Proclamation declaring the week of February 17-23, 2002, "Engineers' Week"
in the City of Dania Beach.
6.3 Proclamation declaring the month of February 2002 as "Black History Month" in
the City of Dania Beach.
City Manager read the remaining two proclamations in their entirety.
• ITEMS 7.10, 7.13, 7.14, 7.15 & 7.19 WERE PULLED FROM THE CONSENT AGENDA
7. CONSENT AGENDA (INCLUDING EXPENDITURES):
Bills
7.1 Approval of bills for the month of December 2001.
Minutes:
7.2 Ratification of minutes for January 8, 2002, regular meeting.
7.3 Approval of minutes of January 22, 2002, regular meeting.
7.4 Approval of minutes of March 28, 2000, regular meeting.
7.5 Approval of minutes of January 17, 2002, workshop meeting.
7.6 Approval of minutes of January 10, 2002, workshop meeting.
7.7 Approval of minutes of January 15, 2002, workshop meeting.
Travel Expenditures:
7.8 February 4-5 — Ratification of approval for Dave Keller, Finance Director, and
Macciano Lewis, Budget Analyst, to attend State of Florida Auditor General,
Local Government Financial Reporting and Auditing, conference in Winter
Haven, Florida.
7.9 February 27—Approval for Dave Keller, Finance Director, and Macciano Lewis,
Budget Analyst, to attend Florida Cable & Telecom Law 2002 Local
Government Workshop in Orlando, Florida.
MINUTES — CITY OF DANIA BEACH 2 FEBRUARY 12, 2002
• Resolutions:
7.11 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, SUPPORTING THE
GROUP CITY EMERGENCY MEDICAL .SERVICE COALITION OF BROWARD
COUNTY, FLORIDA, INC.'S EFFORTS TO SUPPORT THE ESTABLISHMENT OF
A BROWARD COUNTY TASK FORCE, BASED UPON REPRESENTATIVE
POPULATION, TO STUDY THE DEVELOPMENT OF AN INTERLOCAL
AGREEMENT FOR FIRE RESCUE, PROVIDED THAT THE AGREEMENT BE FAIR
AND REPRESENTATIVE OF BROWARD COUNTY AND INCLUDES THE
PARAMETERS OF THE FOUR (4) PRIORITY AREAS ARTICULATED BY THE
GROUP CITIES COALITION IN THEIR REPORT OF DECEMBER 2001;
PROVIDING FOR A PUBLIC PURPOSE, PROVIDING FOR AN EFFECTIVE DATE.
7.12 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE
CITY MANAGER TO CONTRACT FOR THE PURCHASE OF SERVICES AND
MATERIALS IN THE AMOUNT OF $25,375.00 FROM HR MANAGEMENT
PARTNERS, INC.; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE
AN AGREEMENT WITH HR MANAGEMENT PARTNERS, INC. FOR A PAY AND
CLASSIFICATION STUDY AND DEVELOPMENT OF A PAY FOR PERFORMANCE
SYSTEM; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING AN EFFECTIVE
DATE.
7.16 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE
CITY MANAGER TO PURCHASE ONE (1) 2002 FORD RANGER TRUCK IN THE
AMOUNT OF $17,674.00 FROM DUVAL FORD AND TWO LARGE TRASH
• TRUCKS IN THE AMOUNT OF $116,373.00 FROM ATLANTIC TRUCK CENTER,
UNDER FLORIDA SHERIFFS ASSOCIATION & ASSOCIATION OF COUNTIES
CONTRACT NO. 01-09-0904, WITHOUT COMPETITIVE BIDDING AND WITHOUT
ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
7.17 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE
CITY MANAGER TO PURCHASE ONE (1) VAC-TRON TRUCK IN THE AMOUNT
OF $45,499.00 FROM SOUTHERN SEWER EQUIPMENT SALES, UNDER CITY
OF FORT MEADE BID AND PURCHASE ORDER NUMBER NO. 1001671,
WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
Ordinances — Title to be read by city attorney
7.18 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE
REZONING REQUEST BY JOHN BARTLEY AGENT FOR CHRIS CHRISTIANSON,
OWNER, OF PROPERTY LOCATED AT THE SOUTHEAST CORNER OF SE 1ST
TERRACE AND SE 1ST AVENUE, 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
CLASSIFICATION OF PUD-B (PLANNED UNIT DEVELOPMENT) ASSIGNING
FOUR (4) RESERVE UNITS; SUBJECT TO CERTAIN RESTRICTIONS;
PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE. (First reading)
MINUTES — CITY OF DANIA BEACH 3 FEBRUARY 12, 2002
7.20 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO
CABLE TELEVISION; APPROVING THE ASSIGNMENT AGREEMENT AMONG
BROWARD COUNTY, THE CITY OF DANIA BEACH, AND COMMUNITY CABLE
TELEVISION KNOWN LOCALLY AS AT&T BROADBAND FOR CABLE
TELEVISION FRANCHISE; EXTENDING THE CABLE TELEVISION FRANCHISE;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABIL'ITY; AND
PROVIDING AN EFFECTIVE DATE. (First reading)
City Attorney Ansbro read the ordinance titles under Item 7.18 and 7.20.
A motion was made by Commissioner Bertino, seconded by Vice-Mayor Chunn, to
approve the Consent Agenda with the exception of Items 7.10, 7.13, 7.14, 7.15 &
7.19. The motion passed on the following 5/0 roll call vote:
Commissioner Bertino — yes Vice-Mayor Chunn — yes
Commissioner McElyea — yes Mayor Flury — yes
Commissioner Mikes — yes
ITEMS PULLED FROM CONSENT
7.10 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE
PROPER CITY OFFICIALS TO EXECUTE AN AMENDMENT TO THE
EMPLOYMENT CONTRACT EXISTING BETWEEN THE CITY AND IVAN PATO AS
CITY MANAGER TO PROVIDE FOR A MONTHLY EXPENSE ALLOWANCE OF
$500.00 IN LIEU OF USE OF A CITY CREDIT CARD; PROVIDING FOR
• CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Commissioner Mikes pointed out that an expense allowance was provided for those
department directors who do not have a city vehicle available to them. He stated
that the City Manager was provided with a vehicle and should not be given an
expense allowance.
Commissioner Bertino felt that a credit card could not be used for things such as
parking and felt that $500 per month was very low under the circumstances.
A motion was made by Commissioner Bertino, seconded by Vice-Mayor Chunn, to
adopt the resolution. The motion passed on the following 4/1 roll call vote:
Commissioner Bertino —yes Vice-Mayor Chunn — yes
Commissioner McElyea — yes Mayor Flury — yes
Commissioner Mikes — no
7.13 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE
PROPER CITY OFFICIALS TO EXECUTE A LICENSE AGREEMENT AMONG CITY
OF DANIA BEACH, BASS PRO OUTDOOR WORLD, LLC AND TANGER
PROPERTIES LIMITED PARTNERSHIP; PERMITTING THE LICENSEES, BASS
PRO OUTDOOR WORLD, LLC AND TANGER PROPERTIES LIMITED
PARTNERSHIP TO USE CITY PROPERTY FOR THE PLACEMENT AND
• MAINTENANCE OF ENTRANCEWAY FEATURES; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
MINUTES — CITY OF DANIA BEACH 4 FEBRUARY 12, 2002
• Commissioner Mikes felt that a public hearing should be held with regard to this
issue because city property was involved.
City Attorney Ansbro suggested that the resolution be withdrawn and agreed to
prepare an ordinance to be advertised as a public hearing.
A motion was made by Commissioner Mikes, seconded by Commissioner McElyea,
to continue Item 7.13 until an ordinance could be prepared and advertised as a
public hearing. The motion passed on the following 5/0 roll call vote:
Commissioner Bertino — yes Vice-Mayor Chunn — yes
Commissioner McElyea — yes Mayor Flury —yes
Commissioner Mikes — yes
7.14 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE
AGREEMENT WITH MEF CONSTRUCTION, INC. FOR CONSTRUCTION
SERVICES RELATING TO THE SOUTHWEST NEIGHBORHOOD
BEAUTIFICATION PROJECT — PHASE V, UNDER THE 26TH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM; PROVIDING THAT SAID
CONSTRUCTION SERVICES SHALL NOT EXCEED ONE HUNDRED NINETY-
FOUR THOUSAND FIVE HUNDRED FIFTY DOLLARS ($194,550.00); PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
• Mayor Flury asked that the project be reviewed at a community meeting. She also
asked that the members of the Bid Committee be placed on the tabulation sheets.
Commissioner Mikes suggested that future bids be opened at the City Commission
meetings and then referred to staff for recommendation. The City Commission
generally agreed to place all bid openings in excess of$15,000.00 on the City
Commission Agenda.
A motion was made by Commissioner Bertino, seconded by Vice-Mayor Chunn, to
adopt the resolution approving the agreement with MEF Construction, Inc. The
motion passed on the following 5/0 roll call vote:
Commissioner Bertino — yes Vice-Mayor Chunn - yes
Commissioner McElyea — yes Mayor Flury — yes
Commissioner Mikes —yes
7.15 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE
CITY MANAGER TO PURCHASE ONE (1) 2002 FORD F-250 SD PICKUP TRUCK
IN THE AMOUNT OF $28,422.00 AND THREE (3) 2002 FORD F-250 SD PICKUP
TRUCKS IN THE AMOUNT OF $75,216.00 ($25,072.00 EACH) FROM DUVAL
FORD, UNDER FLORIDA SHERIFFS ASSOCIATION & ASSOCIATION OF
COUNTIES CONTRACT NO. 01-09-0904, WITHOUT COMPETITIVE BIDDING AND
WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS;
• FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
MINUTES —CITY OF DANIA BEACH 5 FEBRUARY 12, 2002
• Mayor Flury mentioned that revenues were below budget and suggested that only
two of the requested four vehicles be purchased at this time.
A motion was made by Commissioner Bertino, seconded by Vice-Mayor Chunn, to
approve the expenditure of one vehicle from the water fund and one vehicle from the
sewer fund. The motion passed on the following 5/0 roll call vote:
Commissioner Bertino — yes Vice-Mayor Chunn — yes
Commissioner McElyea — yes Mayor Flury —yes
Commissioner Mikes — yes
7.19 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, SUBMITTING TO A
VOTE OF THE ELECTORS IN A REFERENDUM ELECTION AN AMENDMENT TO
THE CITY CHARTER, TO PROVIDE FOR THE REPEAL OF THE CITY CHARTER
PROVISION WHICH ESTABLISHES TERM LIMITS FOR CITY COMMISSIONERS
(SECTION 3 OF PART II, ARTICLE I OF THE CHARTER); PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE. (First reading)
City Attorney Ansbro read the ordinance title.
Commissioner Mikes commented that he pushed for term limits and still supported it,
but felt that the voters should be given the right to vote on the issue.
• Attorney Ansbro reported that with regard to ballot availability, the Supervisor of
Elections' Office advised that the City should request that the question be placed on
the September 10, 2002, Special Election ballot so in case that ballot was filled, it
could be placed on the November 5, 2002, General Election ballot.
Commissioner Mikes was not comfortable with the date of September 10, 2002.
A motion was made by Commissioner Bertino, seconded by Commissioner
McElyea, to amend the ordinance to reflect the date of September 10, 2002. The
motion passed on the following 3/2 roll call vote:
Commissioner Bertino — yes Vice-Mayor Chunn — no
Commissioner McElyea — yes Mayor Flury — yes
Commissioner Mikes - no
Commissioner Bertino mentioned that several thousand citizens had been annexed
into the City since term limits were put into place and felt that they should be given
the right to vote on the issue.
Mayor Flury explained that term limits were put in place in 1993 and the City
Commission was not attempting to eliminate them, but wanted to give the new
• citizens the right to vote on the issue.
MINUTES — CITY OF DANIA BEACH 6 FEBRUARY 12, 2002
A motion was made by Commissioner McElyea, seconded by Commissioner
Bertino, to adopt the ordinance as amended on first reading. The motion passed on
the following 4/1 roll call vote:
Commissioner Bertino — yes Vice-Mayor Chunn — no
Commissioner McElyea —yes Mayor Flury — yes
Commissioner Mikes - yes
8. BIDS AND REQUESTS FOR PROPOSALS: (none)
9. PUBLIC HEARINGS AND SITE PLANS:
(Second reading - continued from 1/22/02 meeting)
9.1 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, APPROVING AN AMENDMENT TO THE "TIGERTAIL LAKE LEASE
AND LICENSE AGREEMENT" EXECUTED JUNE 28, 2000, WHICH LEASE
EXISTS BETWEEN THE CITY AND BROWARD COMMUNITY COLLEGE ("BCC"),
PERTAINING TO A PARCEL OF LAND LOCATED WITHIN THE AREA KNOWN AS
TIGERTAIL LAKE PARK, INCLUDING A LICENSE FOR NON-EXCLUSIVE USE OF
THE LAKE WITHIN TIGERTAIL PARK ("LAKE") MORE PARTICULARLY
DESCRIBED IN THE LEASE; AUTHORIZING AND DIRECTING THE EXECUTION
OF THE AMENDMENT TO THE "TIGERTAIL LAKE LEASE AND LICENSING
AGREEMENT" BY THE APPROPRIATE CITY OFFICIALS; AUTHORIZING THE
• DISTRICT BOARD OF TRUSTEES OF BCC TO ENTER INTO AN "OWNER'S
AGREEMENT" TO ALLOW FOR THE PROVISION OF WATER SERVICE TO
FACILITIES AUTHORIZED TO BE CONSTRUCTED BY BCC; PROVIDING FOR
CONFLICTS; PROVIDING A SEVERANCE CLAUSE; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE. (Second reading)
City Attorney Ansbro read the ordinance title.
City Manager Pato advised that the applicant requested a continuance.
Mayor Flury opened the public hearing. Hearing no one speak in favor or in
opposition, the public hearing was closed.
A motion was made by Commissioner Bertino, seconded by Commissioner
McElyea, to continue Item 9.1 to the regular meeting of February 26, 2002. The
motion passed on the following 4/0 roll call vote:
Commissioner Bertino — yes - Vice-Mayor Chunn — yes
Commissioner McElyea — yes Mayor Flury — yes
Commissioner Mikes (out of room)
•
MINUTES — CITY OF DANIA BEACH 7 FEBRUARY 12, 2002
9.2 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING
• ORDINANCE NO. 2001-034, WHICH ADOPTED THE FLORIDA BUILDING CODE,
BY AMENDING SECTION 4 OF THE ORDINANCE TO REVISE ITS EFFECTIVE
DATE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Second reading)
City Attorney Ansbro read the ordinance title.
Mayor Flury opened the public hearing. Hearing no one speak in favor in opposition,
the public hearing was closed.
A motion was made by Commissioner McElyea, seconded by Vice-Mayor Chunn, to
adopt the ordinance on second reading. The motion passed on the following 4/0 roll
call vote:
Commissioner Bertino — yes Vice-Mayor Chunn — yes
Commissioner McElyea — yes Mayor Flury — yes
Commissioner Mikes (out of room)
9.3 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE
CODE OF ORDINANCES RELATING TO THE POLICE AND FIREFIGHTERS'
RETIREMENT SYSTEM, PROVIDING THAT THE NUMBER OF YEARS
REQUIRED TO BECOME VESTED IN THE RETIREMENT SYSTEM BE REDUCED
FROM TEN (10) TO EIGHT (8); PROVIDING THAT PARTICIPATION IN THE
• DEFERRED RETIREMENT OPTION PLAN (DROP) BE INCREASED FROM FIVE
(5) TO SEVEN (7) YEARS AND THAT THE MAXIMUM TOTAL OF CREDITABLE
SERVICE AND DROP PARTICIPATION BE INCREASED FROM THIRTY (30) TO
THIRTY-TWO (32) YEARS; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING
FOR A REPEALER; AND PROVIDING FOR AN EFFECTIVE DATE. • (Second
reading)
City Manager Pato requested that this ordinance be continued until an actuarial
study could be completed to determine the financial impact on the City.
A motion was made by Commissioner McElyea, seconded by Vice-Mayor Chunn, to
continue Item 9.3 to the regular meeting of February 26, 2002. The motion passed
on the following 4/0 roll call vote:
Commissioner Bertino — yes Vice-Mayor Chunn — yes
Commissioner McElyea — yes Mayor Flury —yes
Commisisoner Mikes (out of room)
ITEM#11.1 WAS HEARD NEXT
10. COMMISSION COMMENTS:
10.1 Commissioner Bertino commented that the Tomato Festival was fantastic.
•
MINUTES — CITY OF DANIA BEACH 8 FEBRUARY 12, 2002
10.2 Commissioner McElyea commented on the success of the Tomato Festival.
He mentioned the feasibility of getting citizens to donate trees that could be
removed by the City and replaced with something smaller.
10.3 Commissioner Mikes commented on the success of the Tomato Festival. He
asked that a speed hump be installed in front of Northside Park on NW 10
Street and that a sidewalk be installed around the park. He asked that the
trees be fertilized along the NW 10 Street wall. He also mentioned that the
lights under the NW 10 Street bridge need to be replaced.
10.4 Vice-Mayor Chunn commented on the success of the Tomato Festival. He
mentioned that in the spirit of cooperation and helping neighbors, he and a
group of others were volunteering their time to repair residents' sidewalks
throughout the community.
10.5 Mayor Flury also commented on the success of the Tomato Festival.
11. DISCUSSION AND POSSIBLE ACTION:
11.1 Discussion of having architectural renderings made of concepts of US 1
Bridge/Railroad Dania Canal Crossings.
Commissioner Mikes felt that architectural renderings should be made of several
different concepts of the US 1 bridge and the railroad bridge crossing the Dania Cut-
40 off Canal. He felt that the US 1 bridge should be widened and heightened. He also
felt that the City should establish a contract with a professional for architectural
renderings of various projects throughout the City and suggested the possibility of
FAU.
Cindy Calhoun, Chairman of the Marine Advisory Board, reported that the Board
was working with State Representative Tim Ryan, who was working with FDOT, in
trying to get changes made to the US 1 bridge.
City Manager Pato was directed to meet with FAU to possibly obtain architectural
renderings of the US 1 bridge and the railroad bridge.
ITEM 11.10 WAS HEARD AFTER ITEM 11.1
11.2 Discussion of supervision of Dismas Half-way House operation.
Commissioner Mikes advised that the Community Relations Board for the Dismas
House had resigned and asked for a status report on their operation.
Chief Bryan Cowart believed that they were making a good faith effort to complete
the repairs that were requested by BSO. Chief Cowart advised that Deputy Richard
Tarrant had been assigned to act as liaison on the Community Relations Board
MINUTES — CITY OF DANIA BEACH 9 FEBRUARY 12, 2002
when it is reactivated. He advised that the operation passed the latest Federal
• inspection.
Commissioner Bertino asked that copies of the inspection reports be provided to the
City.
11.3 Discussion of petition submitted by Laura M. Cutler requesting speed humps,
street lights and additional drains for storm-water runoff for residents of SW
34th Avenue and SW 44th Court in the subdivision of Avon Isles.
Laura Cutler was present to request that speed humps be installed along SW 34
Avenue and SW 44 Court. She stated that they were having problems with
speeding vehicles on their residential streets.
City Manager Pato advised that funds were budgeted and the work would
commence shortly if approved by the City Commission.
Commissioner Mikes felt that the speed humps should be made more visible and
suggested that an engineer approve the installation of the humps.
A motion was made by Commissioner Bertino, seconded by Vice-Mayor Chunn, to
approve the installation of three speed humps. The motion passed on the following
5/0 roll call vote:
Commissioner Bertino — yes Vice-Mayor Chunn — yes
Commissioner McElyea — yes Mayor Flury — yes
Commissioner Mikes — yes
ITEM 11.6 WAS HEARD NEXT
11.4 Request by Elizabeth Miller for approval to renew Palmistry/Fortunetellers
license for property located at 2730 Griffin Road.
Laurence Leeds, Growth Management Director, advised that a report was received
from the Broward Sheriff's Office stating that there was no evidence of any criminal
activity at this location.
A motion was made by Commissioner Bertino, seconded by Vice-Mayor Chunn, to
approve the. license renewal. The motion passed on the following 5/0 roll call vote:
Commissioner Bertino —yes Vice-Mayor Chunn — yes
Commissioner McElyea — yes Mayor Flury - yes
Commissioner Mikes — yes
11.5 Request by George and Margarete Jensen for abatement of CEB99-0396 for
property located*at 4971 SW 38 Terrace.
MINUTES — CITY OF DANIA BEACH 10 FEBRUARY 12, 2002
William Johnson, Chief Zoning/Code Enforcement Officer, clarified that the correct
address should be 4971 SW 28 Terrace. He also clarified that the Code
Enforcement Board recommended that the fine be abated from $67,600.00 down to
$20,000.00, of which $17,500.00 would be used to repair the house and $2,500.00
would be retained by the City. Mr. Johnson stated that the total amount of
$20,000.00 would be given to the City up front and $17,500.00 would be refunded to
the applicant when receipts were provided for work performed.
Cathy Rigo, Realtor, was present on behalf of George Jensen and the prospective
buyer Mr. Cheeks. She stated that a hardship would be placed on her client if he
was required to front the $17,500.00, because he would need those funds to make
the necessary repairs to the property.
City Attorney Ansbro explained that the money would have to be paid up front in
order to release the lien. He further stated that the $17,500.00 would be returned as
repairs are made.
Laurence Leeds, Growth Management Director, requested that the $20,000.00 be
paid within 30 days.
Discussion was held on the use of the property and the lot size.
A motion was made by Commissioner Mikes, seconded by Commissioner McElyea,
to continue Item 11.5 until the regular meeting of February 26, 2002, in order to
determine the lot size and whether or not repairs would exceed 50% of the value of
the building. The motion passed on the following 5/0 roll call vote:
Commissioner Bertino — yes Vice-Mayor Chunn — yes
Commissioner McElyea — yes Mayor Flury —yes
Commissioner Mikes — yes
ITEM 11.2 WAS HEARD NEXT
11.6 Request by Naheed Hague for abatement of CEB00-0651 for property
located at 252 SW 13 Street.
William Johnson, Chief Zoning/Code Enforcement Officer, advised that the Code
Enforcement Board recommended that the fine of $17,650.00 be abated down to
$500.00 due to the fact that the service address obtained by the Broward County
Tax Assessor's Office was incorrect.
Mr. & Mrs. Hague were present to request the abatement. Mrs. Hague claimed that
they were not notified of the violation, but as soon as they found out about it, it was
corrected.
A motion was made by Commissioner Mikes, seconded by Commissioner Bertino, to
continue Item 11.6 until the regular meeting of February 26, 2002, in order to obtain
MINUTES —CITY OF DANIA BEACH 11 FEBRUARY 12, 2002
additional material from staff that may be relevant in this case. The motion passed
• on the following roll call vote:
Commissioner Bertino — yes Vice-Mayor Chunn —yes
Commissioner McElyea — yes Mayor Flury — yes
Commissioner Mikes — yes
11.7 Request by Avorn Dean, Sr., Rosalee Dean, & Avorn Dean, Jr. for abatement
of CEB00-0461 for property located at 113 NW 8 Avenue.
Ken Koch, Building Official, clarified that the correct address should be 113 NW 7
Avenue. He gave a brief history of the case and advised that the Code Enforcement
Board recommended that the fine of$33,700.00 be abated down to $2,000.00. Mr.
Koch requested that the fine be paid within 30 days, if the abatement was approved.
Inez Dean was present to request abatement of the fine.
A motion was made by Commissioner Bertino that the fine be abated down to
$2,000.00, however, the motion died for lack of second.
A motion was made by Commissioner McElyea, seconded by Vice-Mayor Chunn, to
abate the fine down to $1,000. The motion passed on the following 4/1 roll call vote:
Commissioner Bertino — no Vice-Mayor Chunn — yes
Commissioner McElyea —yes Mayor Flury —yes
Commissioner Mikes — yes
11.8 Request by J.I., E., & Audrey Weinstock for abatement of CEB98-0200 for
property located at 138 N. Federal Highway.
Laurence Leeds, Growth Management Director, advised that the petitioner
requested a continuance to the regular meeting of March 12, 2002.
A motion was made by Commissioner Bertino, seconded by Commissioner
McElyea, to continue Item 11.8 to the regular meeting of March 12, 2002. The
motion passed on the following 5/0 roll call vote:
Commisisoner Bertino —yes Vice-Mayor Chunn — yes
Commisioner McElyea — yes Mayor Flury —yes
Commissioner Mikes - yes
11.9 Discussion of Hollywood Sewer Plant proposed West Lake injection wells.
Commissioner Mikes was concerned about a deep well injection system being
approved by the City of Hollywood. He mentioned that Dade County was having
problems with this type of system.
MINUTES — CITY OF DANIA BEACH 12 FEBRUARY 12, 2002
Bud Palm, Utilities Director, was not aware of any problems in Dade County. Mr.
Palm advised that the deep-well system came about because no additional sewage
can be discharged into the ocean outfall lines and if the City of Hollywood does not
install the system, it would stop expansion of the sewer plant and ultimately cause a
moratorium in the area. He advised that most cities to the west of Dania Beach
have deep-well systems.
Mr. Palm was directed to take a close look at this issue.
ITEM 11.10 WAS HEARD AFTER ITEM 11.1
11.10 Discussion of residential canal dredging feasibility.
Commissioner Mikes mentioned an article in the Miami Herald that talked about
dredging waterways in the City of Plantation to be funded through a special
assessment program. He felt that the residential finger canals throughout Dania
Beach should be dredged, by using storm-water funds as well as implementing a
special assessment program.
Cindy Calhoun, Chairman of the Marine Advisory Board, reported that the Board
was in the process of seeking grant monies to help fund the dredging of the Dania
Cut-off Canal from the US 1 bridge west to the C-10 canal.
ITEM 11.4 WAS HEARD NEXT
12. APPOINTMENTS (no appointments were made)
12.1 Appointment of two (2) members to the Airport Advisory Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND
AFFIRMING THE APPOINTMENT OF MEMBERS TO THE "AIRPORT ADVISORY
BOARD;" PROVIDING THAT SAID MEMBERS SHALL SERVE TWO (2) YEAR
TERMS EXPIRING 12:00 NOON, MARCH 18, 2003; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE."
12.2 Appointment of one (1) member to the Budget Advisory Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND
AFFIRMING THE APPOINTMENT OF A MEMBER TO THE BUDGET ADVISORY
BOARD; PROVIDING THAT SAID MEMBER SHALL SERVE A TWO (2) YEAR
TERM EXPIRING 12:00 NOON, MARCH 18, 2003; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE."
12.3 Appointment by Commission of one (1) electrical contractor member and one
(1) Alternate member to the Code Enforcement Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND
AFFIRMING THE APPOINTMENT OF ONE ELECTRICAL CONTRACTOR
MEMBER AND ONE ALTERNATE MEMBER TO THE CODE ENFORCEMENT
BOARD; PROVIDING THAT SAID ALTERNATE MEMBER SHALL SERVE A
MINUTES — CITY OF DANIA BEACH 13 FEBRUARY 12, 2002
THREE-YEAR TERM; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING
® FOR AN EFFECTIVE DATE."
12.4 Appointment of five (5) members to Dania Economic Development Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND
AFFIRMING THE APPOINTMENT OF MEMBERS TO THE "DANIA ECONOMIC
DEVELOPMENT BOARD;" PROVIDING THAT SAID MEMBERS SHALL
COMPLETE TWO (2) YEAR TERMS EXPIRING 12:00 NOON, MARCH 18, 2003;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE."
12.5 Appointment of one (1) member to Human Relations Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND
AFFIRMING THE APPOINTMENT OF A MEMBER TO THE "HUMAN RELATIONS
BOARD;" PROVIDING THAT SAID MEMBER SHALL SERVE A TWO (2) YEAR
TERM EXPIRING 12:00 NOON, MARCH 18, 2003; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE."
12.6 Appointment of one (1) member to I.T. Parker Community Center Advisory
Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND
AFFIRMING THE APPOINTMENT OF MEMBERS TO THE "I.T. PARKER
COMMUNITY CENTER ADVISORY BOARD;" PROVIDING THAT SAID MEMBERS
SHALL SERVE TWO (2) YEAR TERMS EXPIRING 12:00 NOON, MARCH 18, 2003;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE."
12.7 Appointment of one (1) member to the Marine Advisory Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND
AFFIRMING THE APPOINTMENT OF MEMBERS TO THE "MARINE ADVISORY
BOARD;" PROVIDING THAT SAID MEMBERS SHALL SERVE TWO (2) YEAR
TERMS EXPIRING 12:00 NOON, MARCH 18, 2003; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE."
12.8 Appointment by Commission of one (1) Alternate to Nuisance Abatement
Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND
AFFIRMING THE APPOINTMENT OF ONE (1) ALTERNATE TO THE NUISANCE
ABATEMENT BOARD; PROVIDING THAT SAID MEMBER SHALL COMPLETE A
TWO-YEAR TERM EXPIRING 12:00 NOON, MARCH 18, 2003; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE."
12.9 Appointment of two (2) members to Parks, Recreation and Community Affairs
Advisory Board.
•
MINUTES — CITY OF DANIA BEACH 14 FEBRUARY 12, 2002
® "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND
AFFIRMING THE APPOINTMENT OF A MEMBER TO THE "PARKS, RECREATION
AND COMMUNITY AFFAIRS ADVISORY BOARD;" PROVIDING THAT SAID
MEMBER SHALL COMPLETE A TWO (2) YEAR TERM EXPIRING 12:00 NOON,
MARCH 18, 2003; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE."
13. ADMINISTRATIVE REPORTS:
13.1 City Manager Pato reminded the Commission of the/February 19 Workshop
regarding the Chamber of Commerce & Main Street and the March 19 Joint
Dinner Meeting with Hollywood. He also reported that the City had switched
cellular phone service from Nextel to Cingular Wireless at a cost savings of
approximately 30%.
13.2 City Attorney — no comments
14. ADJOURNMENT- The meeting adjourned at 10:00 p.m.
Mayor— Commissioner
City Clerk
• Respectfully submitted by Nanci Denny
Approved: February 26, 2002
MINUTES — CITY OF DANIA BEACH 15 FEBRUARY 12, 2002