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HomeMy WebLinkAbout1336 - MINUTES - City Commission MINUTES DANIA BEACH CITY COMMISSION REGULAR MEETING APRIL 9, 2002 1. CALL TO ORDER: The meeting was called to order by Mayor Chunn at 7:00 p.m. 2. INVOCATION AND PLEDGE OF ALLEGIANCE: *With the absence of Reverend Richard Austin, First Baptist Church of Dania, Reverend T. Lewis provided the invocation. 3. ROLL CALL: Present: Mayor: Robert H. Chunn, Jr. Vice-Mayor: Pat Flury Commissioners: John Bertino C.K. McElyea Bob Mikes City Attorney: Tom Ansbro City Manager: Ivan Pato • Recording Clerk: Nanci Denny 4. CITIZENS' COMMENTS: 4.1 Charlene Scalese, 826 NW 13 Avenue, mentioned that street lights in the vicinity of Griffin and Taylor Road on US 1 are still not repaired and pose a safety hazard. She advised that construction equipment is leaking oil into the sand and that there is still no public access at the beach located at Tigertail Lake Park. Commissioner Bertino advised that the City has been assured by BCC on numerous occasions that the public will have access to the beach at Tigertail Lake Park when the improvements are finished. 4.2 Shantal Gannon mentioned that a new organization was recently formed called Dania Beach Neighborhoods United that includes several neighborhood associations in the City and that the public may contact the organization at website www.dbnu.net. 5. PRESENTATIONS AND SPECIAL EVENT APPROVALS: 5.1 BSO District 2 "Deputy of the Month" for March 2002 — Deputy Arthur Perry —continued to April 23, 2002. 5.2 General Employee Recognition Program for March 2002 - William Dubisky, Code Enforcement Officer. MINUTES 1 APRIL 9, 2002 CITY OF DANIA BEACH 1 _ Laurence Leeds, Growth Management Director, commented on the difficulties involved with doing the job of a Code Enforcement Officer. Mr. Leeds was pleased to present William Dubisky with an Outstanding Achievement Award as well as two complimentary tickets for an evening cruise on Sun Cruz. In-addition, "Turn Around Dania Beach" awarded Mr. Dubisky with a plaque recognizing his efforts to improve the quality of life and building and property issues in the Southwest Dania Heights area. Vice-Mayor Flury commended Mr. Dubisky on his diplomatic skills in dealing with citizens on code enforcement matters. Commissioner McElyea and Mayor Chunn expressed appreciation to Mr. Dubisky for his efforts on behalf of the City. 6. PROCLAMATIONS: 6.1 A proclamation declaring May 25, 2002, as "Poppy Day" in the City of Dania Beach. City Manager Pato read the proclamation in its entirety in support of veterans. Peggy Backis, American Legion Auxiliary, was presented with the proclamation by Vice-Mayor Flury. 6.2 A proclamation declaring the week of April 28-May 4, 2002, as "Municipal Clerks Week" in the City of Dania Beach. 6.3 A proclamation ratifying the dedication of the week of April 1-7, 2002, as "Community Development Week" in the City of Dania Beach. After Item #6, Item 13.1 was heard: April 15, 2002 5:00 p.m. to 7:00 p.m. Airport Expansion Public Hearing Broward County Convention Center ITEMS PULLED FROM THE CONSENT AGENDA: Commissioner Mikes pulled item 7.5. 7. CONSENT AGENDA (INCLUDING EXPENDITURES): Bills: 7.1 Approval of Bills for the Month of February, 2002. Minutes — 7.2 Approval of minutes for Regular Meeting, March 26, 2002 Travel Expenditures: 7.3 June 16-19, 2002- Charlene Johnson, City Clerk, attending 2002 Annual Florida Association of City Clerks Conference.in Sarasota, Florida. Resolutions — CONTINUED FROM 3/26/02 7.4 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO CONTRACT FOR DREDGING OF THE DANIA CUT-OFF CANAL FROM APPROXIMATELY 200 FEET EAST OF US 1 TO GRIFFIN ROAD IN AN AMOUNT NOT TO EXCEED $200,000, IN ACCORDANCE WITH RESOLUTION NO. MINUTES 2 APRIL 9, 2002 CITY OF DANIA BEACH • 2002-026 OR OTHER GRANTS OR AWARDS ACQUIRED BY THE CITY; WITH THE SOLE PROVIDER, SUBAQUEOUS SERVICES, INC. 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 — 7.6 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO CHAPTER 4 OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED "ALCOHOLIC BEVERAGES"; AMENDING THE CODE OF ORDINANCES, BY AMENDING SECTION 4-18.1, ENTITLED "EXTENDED HOURS LICENSE", TO PROVIDE THAT A LICENSEE SHALL CLOSE ITS PLACE OF BUSINESS AT 4:00 A.M. ON ANY DAY, 5:00 A.M. ON NEW YEARS DAY, AND REOPEN NO EARLIER THAN 7:00 A.M.; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the title of the Item 7.6. A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, approving the Consent Agenda with the exception of Item 7.5. 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 ITEM PULLED FROM THE CONSENT AGENDA: 7.5 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE USE OF TWENTY-FIVE PERCENT (25%) OF THE REVENUES RECEIVED FROM THE ADMINISTRATIVE PENALTY FEES PROVIDED IN THE VEHICLE IMPOUNDMENT ORDINANCE NO. 25-99 (ADOPTED SEPTEMBER 28, 1999) AND AMENDED BY ORDINANCE NO. 2000-048 (ADOPTED NOVEMBER 28, 2000) AS REFERENCED IN ARTICLE VI OF CHAPTER 20, SECTION 20-82, OF THE CITY CODE OF ORDINANCES, ENTITLED VEHICLES USED TO FACILITATE CERTAIN CRIMES, AUTHORIZING THE CITY MANAGER TO USE HIS DISCRETION IN THE USE OF SAID FUNDS FOR ADDITIONAL OPERATIONS AND/OR EQUIPMENT OVER AND ABOVE ROUTINE ENFORCEMENT SERVICES CURRENTLY PROVIDED IN THE BROWARD SHERIFF'S OFFICE CONTRACT; DIRECTING THE FINANCE DIRECTOR TO ESTABLISH A BUDGET FOR SAID EXPENDITURE USAGE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING AN EFFECTIVE DATE. Commissioner Mikes clarified that the impoundment fee funds are acquired through prostitution and drug arrests ,and towing charges involved with impounding vehicles associated with the arrests. He requested an explanation on how much money was involved with the 25% request and why the funding approvals could not be brought before the City Commission. City Manager Pato advised that approximately $85,000 had been gained since February 2001 when the Impoundment Ordinance was implemented. The additional 25% funding is being • requested to cover BSO costs to obtain special equipment and technical support to conduct sting operations and enforcement of the ordinance. Mr. Pato mentioned that some of the MINUTES 3 APRIL 9, 2002 CITY OF DANIA BEACH funding resources with BSO have been reallocated to cover additional security measures throughout Broward County as a result of the September 11th events. In addition, Mr. Pato thought'that the funds might also be utilized to offset matching fund requirements for some Law Enforcement type grants that would be beneficial to the City. Commissioner Mikes was of the opinion that the City Commission should know on a continuing basis how the money is being spent and that a report on the amount of reserves should be provided at regular meetings. Mr. Pato explained that some of the impoundment operations are put together on very short notice and that BSO would like flexibility to react swiftly without waiting for approval. He thought that the 25% would amount to some $20,000 and assured the City Commission that he would report on the funding activity on a regular basis. Chief Cowart, BSO, explained that the Resolution would allow District II to operate independently from BSO to deal with projects on short notice. Vice-Mayor Flury agreed that the District needs resources to act more efficiently and suggested that a monthly report be presented defining the use of the 25% of funds. Commissioner McElyea reminded the Commission that BSO also has direct access to confiscated funds through the Fines and Forfeiture Fund obtained through drug arrests. He clarified that the impoundment funds are processed directly to the City. Commissioner McElyea was concerned with reducing the impoundment fee funds based on concern that there be ample funds secured to protect the City in the event of lawsuits that may be encountered as a result of the types of Impoundment cases involved. City Attorney Ansbro reported that a few Circuit and County Judges in Miami have encountered lawsuits relating to Impoundment fees based on conflict with forfeiture laws and that the Impoundment Ordinance was written to provide extra due process in all cases to protect the City from lawsuit exposure. Commissioner Bertino agreed that enough money should be left in the Impoundment fund to protect the City from lawsuit and that one of the big selling points for the City to change to BSO was the equipment, special units, helicopters defined as ancillary services that would be available to a small City like Dania Beach and he did not want to see the impound fees used to pay for these types of services for BSO. Chief Cowart advised that anything that would be purchased would be used entirely for District II in Dania Beach and not other BSO offices. City Manager Pato advised that the Impoundment fees go directly into the General Fund and is being used for other purposes separate from law enforcement. He explained that the use of funds would be properly accounted for and reported to the City Commission. Mayor Chunn pointed out that there are other cities that allocated 100% of Impoundment fees towards police services and that do not direct the funds to the General Fund. Commissioner Mikes suggested to have City Attorney Ansbro review the legitimate use of the funds before any changes are made to ensure that the City is in a legal defensive position and to consider that the City paid a significant amount for the recent Drug Dog program. City Attorney Ansbro agreed to check with the other cities to see how they are using the Impoundment fees and to report back at the next meeting. MINUTES 4 APRIL 9, 2002 CITY OF DANIA BEACH Vice-Mayor Flury stressed the importance of having the services and equipment available to BSO for law enforcement use by Dania Beach and recommended allocating the funds as presented. A motion was made by Commissioner Bertino, seconded by Commissioner Mikes, to continue the Resolution until the City Attorney has an opportunity to review case law to ensure the legal use of the impoundment funds. The motion passed on the following 4/1 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-no 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 AMENDING CHAPTER 28 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY AMENDING ARTICLE VI. "SUPPLEMENTARY USE REGULATIONS," SECTION 6.21 "OFF-STREET PARKING" AND SECTION 6.22 "OFF-STREET LOADING" TO REVISE THE PARKING AND LOADING STANDARDS APPLICABLE TO USES WITHIN THE CITY OF DANIA BEACH; AMENDING CHAPTER 26 "VEGETATION," ARTICLE IV "LANDSCAPING," SECTION 26-43 "EXISTING NONCONFORMING VEHICULAR USE AREAS" TO AMEND THE CRITERIA FOR TRIGGERING CONFORMANCE WITH CURRENT CODE; AMENDING CHAPTER 26 "VEGETATION," ARTICLE IV "LANDSCAPING," • SECTION 26-50 "LANDSCAPE REQUIREMENTS FOR AREAS SEPARATING BUSINESS, COMMERCIAL AND INDUSTRIAL PROPERTY FROM RESIDENTIAL PROPERTY" TO REVISE THE STANDARDS FOR WALLS OR FENCES AND FOR TREE PLANTING IN BUFFERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the title of the Ordinance for first reading. Laurence Leeds, Growth Management Director, explained that the Ordinance provides clarification of parking provisions relating to parking requirements for residential, industrial and commercial zoning districts. Mayor Chunn opened the public hearing. Clinton Hill complained about the trash in his alley. Dr. Fred Shotz, Woodland Lane, encouraged the City Commission to incorporate handicap parking under Florida Statute 316 to provide one space per every 100 metered parking spaces for access by the disabled. Hearing no further comments, Mayor Chunn closed the public hearing. Commissioner Mikes discussed buffering requirements and asked Mr. Leeds to review the 1% • on-street handicap parking requirements presented by Dr. Shotz before second reading of the Ordinance. MINUTES 5 APRIL 9, 2002 CITY OF DANIA BEACH iCommissioner Bertino commented on the need for additional parking for single family homes to deal with the growth in automobile use by all family members. Mr. Leeds agreed to research parking requirements for car rental facilities as requested by Commissioner Bertino. A motion was made by Commissioner McElyea, seconded by Vice-Mayor Flury, to adopt the Ordinance on first 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 9.2 VA-60-01 — Request by Peter Crescitelli for Variance approval from Chapter 16, Mobile Living Units, Sec. 16.2 "Conditions for parking at residence" to allow a recreational vehicle trailer (up to 30 feet in length) adjacent to the west lot line behind the leading edge of the home facing SW 61h Street. Property located at 510 SW 2"d Avenue. A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY PETER CRESCITELLI, FROM CHAPTER 16, MOBILE LIVING UNITS, SEC. 16-2. CONDITIONS FOR PARKING AT A RESIDENCE, PROPERTY LOCATED AT 510 SW 2ND AVE., DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Growth Management Director, advised that the property owner was cited for parking a motor home that exceeds 24 feet in length and stored in the rear yard of the home. The Planning & Zoning Board recommended approval. Mayor Chunn opened the public hearing. Robert Biancki, 257 SW 5th Street, inquired as to whether or not he should request a variance for his recreational vehicle that is parked at his home in his backyard. He mentioned that no one in his neighborhood has complained about the use. Mr. Leeds mentioned that Mr. Bianchi is currently in violation of the Code and would need to apply for a variance. An unidentified resident inquired as to the length of the recreational vehicle. Hearing no further comments, Mayor Chunn closed the public hearing. Commissioner Mikes suggested that a three-year period be added to the variance request. Vice-Mayor Flury suggested that the applicant be required to include landscaping. Commissioner Bertino mentioned that there are many more recreational vehicles parked in the City and that the City should research the concept of providing a municipal parking facility for parking these types of vehicles. Commissioner McElyea opposed parking recreational vehicles in residential communities and • wasn't supportive of the City seeking parking facilities for these types of vehicles. MINUTES 6 APRIL 9, 2002 CITY OF DANIA BEACH • A motion was made by Commissioner Mikes, seconded by Vice-Mayor Flury, to continue the Resolution to April 23, 2002. 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 10. COMMISSION COMMENTS: 10.1 Commissioner Bertino mentioned his attendance at a recent hurricane conference and the new techniques used to track hurricanes. 10.2 Commissioner McElyea mentioned that he was unable to attend the last Commission meeting due to dental surgery. 10.3 Commissioner Mikes. complimented City Manager Pato and staff. on Griffin Road landscaping, Griffin Marine Park on 30th Avenue, and efforts to defend the City on the airport expansion. Commissioner Mikes mentioned that the over development in Broward County will impact evacuations in the event of a hurricane as well as air quality issues. He also mentioned his dissatisfaction that the airport expansion involves the removal of a portion of John Lloyd Park . beach to increase the size of Port Everglades. Commissioner Mikes was pleased with the recent Dania Marine Flea Market and mentioned the need for the City to have representation at these events. 10.4 Vice-Mayor Flury suggested that citizens might want to consider making signs to bring with them for the April 15th airport public hearing. Vice-Mayor Flury stressed the importance of the City identifying property for a free-standing library in the future before the current lease expires as she was confident that Broward County would pay for a new facility. The library is currently located at the Citibank Building at 255 Dania Beach Boulevard and she also mentioned to the public that the property could be donated for the library site. City Manager Pato advised that the architectural drawings for 803 NW 15t Street Substation have recently been revised. He was hopeful that the building could be completed between October to December of this year. Vice-Mayor Flury mentioned that project management needs improvement with City staff and that there may be a need to review the architects that are being selected for efficiency purposes. Discussion followed on the status of the improvements planned at the parks. 10.5 , Mayor Chunn thanked the city manager and staff for doing an outstanding job and for the assistance provided to him. • 11. DISCUSSION AND POSSIBLE ACTION: MINUTES 7 APRIL 9; 2002 CITY OF DANIA BEACH (Continued from March 26, 2002) 11.1 Request by Samuel Weiss for abatement of Code Enforcement Board Case #1476 for property located at 130 SW 3 Avenue. (Staff) Samuel Weiss advised that his food supply company provides emergency mobile kitchens to assist FEMA during emergencies. Mr. Weiss mentioned that he was cited with Code Enforcement Board violations for lack of license plates on some of his vehicles and for not removing mobile units. Mr. Weiss mentioned his many efforts to help the City and be involved with fundraising activities for victims of the September 11th event. Mr. Weiss agreed that he would not park the mobile trailers at the site without official approval by the City in the future and requested consideration of an abatement of the $3,200.00 fine. Commissioner McElyea made a motion to fine Mr. Weiss $1.00 plus $100 for expenses. The motion died for lack of a second. A motion was made by Vice-Mayor Flury, seconded by Commissioner Mikes, abating the fine to $500.00. 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 11.2 Request by Henry Kleiner to remove an Oak Tree at 5970 SW 37 Terrace for the . construction of a single-family home. (Staff) Laurence Leeds, Growth Management Director, explained that the owner is requesting permission to remove an existing 21" caliper Oak Tree in order to build a new home. The City's Landscape Consultant, Bill Tesauro, evaluated the tree and the value is estimated $3,800. Mr. Leeds advised that the tree is located in the middle of where the house is to be built and presented two options: (1) Require applicant to relocate the tree to a location acceptable to the City: (2) Allow the tree to be removed and require a minimum $2,280 contribution to the City Landscape Trust Fund. Mr. Tesauro has previously indicated that the City must collect at least 60% of the estimated tree value of$2,280. Commissioner Mikes agreed that the tree could not be relocated and that a minimum contribution to the City's Landscape Trust Fund would be acceptable. However, he stressed the importance of protecting the root systems of the existing trees during all aspects of the construction to build the new home. Vice-Mayor Flury was opposed to destroying the Oak Tree and inquired as to whether there was any other way of saving the tree. Commissioner Mikes explained that the bigger the tree is the harder it is to cut the root system back small enough in order to transport the tree any distance. Since the tree is located in a heavily Oak Tree hammock, the important thing is to protect the remaining Oak trees on the site when the owner installs the drainage system and any other installations during construction. A motion was made by Commissioner Mikes, seconded by Commissioner Bertino, to allow the removal of the tree subject to: (1) the owner protecting the roots systems of existing trees during construction; (2) the owner contributes $2,280 to the City's Landscape Trust Fund; (3) the owner contributes $300 to cover the costs for inspection fees required by Bill Tesauro, the City's Landscape Consultant. MINUTES 8 APRIL 9, 2002 CITY OF DANIA BEACH • The motion passed on the following 4/1 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-no Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes At the request of Laurence Leeds, Henry Kleiner agreed to the conditions outlined in the motion and mentioned his efforts to try to relocate the tree before making the request to remove the tree. Commissioner Bertino inquired as to what would happen if other trees were destroyed during construction. Mr. Leeds advised that high financial penalties would be imposed and that Mr. Kleiner would be responsible to oversee the contractor's work. Mr. Kleiner advised that the house is being built far away from the existing trees. 11.3 Request by Mario David Cera and Sharyn Stolzenberg to remove an Oak Tree at 5981 SW 37 Terrace for construction of a single-family home. (Staff) Mr. Leeds explained that this request is similar to the tree request for Item 11.2 and recommended the same conditions should the request be approved by the Commission. Mr. Cera mentioned that the original plans when he purchased the property involved the removal of three of the Oak trees on the site and that he went to the expense of having new plans created for a V-shaped house to preserve two of the trees. Mr. Cera agreed to protect the root structures of the existing trees during construction and advised that he would be his own contractor on the job. A motion was made by Commissioner Mikes, seconded by Commissioner Bertino, to allow the removal of the tree subject to: (1) the owner protecting the roots systems of existing trees during construction; (2) the owner contributes $2,340 to the City's Landscape Trust Fund; (3) the owner contributes $300 to cover the costs for inspection fees required by Bill Tesauro, the City's Landscape Consultant. The motion passed on the following 4/1 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-no Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes Commissioner Mikes requested that a sign be posted on sites when residents are requesting tree removals. 11.4 Discussion of ADA compliance. (Frederick A. Shotz, Ph.D.) Dr. Frederick A. Shotz advised that the ADA (Americans with Disabilities Act) law was " established in 1990 and that Title 2 of the ADA law applies specifically to local governments and requires that all City programs be accessible to the disabled. A number of requirements include time frames for establishing transition plans for removing architectural barriers in government owned and operated facilities impacting disabled and he was displeased that Dania Beach had never developed a plan. Dr. Shotz advised that in 1992, every City in the country was required MINUTES 9 APRIL 9, 2002 CITY OF DANIA BEACH to conduct a self-survey for full ADA accessibility. In 1996, Mr. Shotz advised of his approaching previous City Manager Mike Smith with the City's need for ADA compliance and that Mr. Smith, under his own spending authority, hired his company to conduct three surveys for City buildings and properties that he doubts have ever been viewed by the City Commission. The surveys were completed by 1997 and the next step was to identify the programs of the City. Dr. Shotz explained that the City had several violations and with the exception of adding a few handrails at the City Hall Administration building and removal of a set of outer doors there has not been any other compliance. In addition, the City was required to perform an analysis of all curb cuts throughout the City and provide curb cuts at all cross walks by July 26, 1995. Dr. Shotz advised that Sacramento, California had spent over $2.6 million in curb cut work subsequent to three years of litigation and that numerous funds have been spent by Miami Beach and Plantation to complete curb cut work because of litigation. Dr. Shotz advised that the Dania Beach Pier was mostly compliant except that the services buildings on the pier did not provide proper access. Dr. Shotz mentioned that he wrote a policy outlining services for handicap persons at the pier as an interim measure until a proper building could be built and that the policy was never followed or enforced. Dr. Shotz mentioned his testimony last year before the US Commission on Civil Rights concerning voter precinct accessibility and he mentioned his own access problems at Patrick J. Meli Park Precinct. He advised that Florida passed a new law 7 years ago requiring accessibility to all polling places, which was an unfunded mandate. Dr. Shotz stated that he is a Senior ADA Consultant for Access Now Incorporated and that there is a Dania Beach disabled resident who is a member of Access Now Incorporated that may be pursuing litigation against the City for ADA compliance. Dr. Shotz advised that the City of Dania Beach has no choice but to begin ADA work either voluntarily or by a Federal court order. He mentioned the recent court case with the City of Hollywood and that Hollywood has agreed to do work in excess of $2 million and that the time frame has yet to be mediated. Vice-Mayor Flury mentioned her own understanding of ADA compliance issues as well as those on the City Commission and that the easy part is dealing with new construction and the more complicated part was dealing with renovating older buildings. She expressed her desire to review the study conducted years ago and to support the City's efforts to comply with the ADA. Dr. Shotz agreed to meet with City Manager Pato and City Attorney Ansbro over the next week at no cost to deter the lawsuit with Access Now and to provide a scope of what is necessary for designing an ADA compliance program. City Manager Pato advised that the ADA report that was prepared by Dr. Shotz years ago was located and is presently being reviewed by Dave Keller, Finance Director, and the Building Department. He agreed to be available to Dr. Shotz over the next week and stressed the importance of the City having ample time to absorb the material included in the ADA report. Addendum: 11.5 Request by Gary Manning for reconsideration on abatement of Code Enforcement Lien CEB97-0353 for property located at 4541 SW 27 Terrace, Dania Beach, Florida. (Staff) Gary Manning mentioned that he was a victim of a home energy savings scam and that he thought he had brought the matter to the attention of the City, County and State representatives. However, he was not aware of the fine accruing until March of this year on his property and once he was aware of the violations, he brought his property into compliance. MINUTES 10 APRIL 9, 2002 CITY OF DANIA BEACH Laurence Leeds, Growth Management Director, advised that Mr. Manning was unable to fix the solar water heater because of legal complications relating to the lawsuit against the company that sold him the solar water heater. Mr. Leeds went on to state that Mr. Manning did not seek an inspection upon advice of his attorney in order to preserve his rights in civil court. In addition, no safety hazards existed at the site and Mr. Leeds explained that after three years the fines exceeded $190,000. The Code Enforcement Board recommended abatement to $1,000 based on the fact that Mr. Manning was acting on advice of his attorney and this being a unique situation and not the fault of the City or Mr. Manning. A motion was made by Vice-Mayor Flury, seconded by Commissioner McElyea, abating the lien to $1,000.00. 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 Vice-Mayor Flury understood that the owner was provided notice, however, she asked Mr. Leeds if there were any procedures in place to activate a reminder notice on cases that exceed 12 months. Mr. Leeds agreed to speak with Attorney Ryan and Attorney Ansbro regarding such a procedure. 12. APPOINTMENTS: (SEE ITEMS 12.3, 12.9 AND 12.10) 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) citizen member on the Civil Service Board for term expiring April 1, 2002. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF ONE CITIZEN MEMBER ON THE CIVIL SERVICE BOARD; PROVIDING THAT SAID ALTERNATE MEMBER SHALL SERVE A THREE-YEAR TERM; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." Vice-Mayor Flury recommended moving Pat Rafacz from the Alternate position on the Civil Service Board into the permanent member position appointed by the Commission. MINUTES 11 APRIL 9, 2002 CITY OF DANIA BEACH 12.4 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 THREE-YEAR TERM; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." 12.5 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." 12.6 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." 12.7 Appointment of two (2) members 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." 12.8 Appointment of two (2) members 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." 12.9 Appointment of three (3) members to Parks, Recreation and Community Affairs Advisory Board. "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, MINUTES 12 APRIL 9, 2002 CITY OF DANIA BEACH • 2003; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." Vice-Mayor Flury appointed Sharon Nearn to the Parks, Recreation and Community Affairs Board. 12.10 Appointment of three (3) members to the Unsafe Structures Board in the positions of Architect, Person Experienced in Social Problems and Real Estate Appraiser for terms expired March 11, 2002. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF THREE (3) MEMBERS TO THE UNSAFE STRUCTURES BOARD; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." Vice-Mayor Flury recommended reappointing Steve Lupo in the Real Estate Appraiser position on the Unsafe Structures Board. A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, approving all appointments as submitted and adopting the resolutions for each board. 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. ADMINISTRATIVE REPORTS: Item 13.1 was discussed after Item 6.3: 13.1 City Manager— Reminders: April 15, 2002, 5:00 p.m. 7:00 p.m. Airport Expansion Public Hearing Broward County Convention Center City Manager Pato stressed the importance of the. public attending the public hearing and reported that Informational brochures would be mailed out to the southeast sections, Maple Ridge and Oakwood areas and that free bus service would be provided at City Hall at 6:00 p.m. on April 15. Commissioner Mikes advised that the public hearing on April 15th involves the Environmental Impact Statement review and would be the last opportunity for the public to oppose the airport expansion. He encouraged residents in the impacted areas to attend one hour in advance in order to have an opportunity to ask pertinent questions of the airport representatives on the impacts being imposed. Commissioner Mikes advised that the City is going to be heavily impacted by the South Runway expansion because the runway is being moved one mile closer to the City. He pointed out that it would not just be the approaches and take offs that residents would be dealing with but also the over flights of aircraft circling the airport. The City's property values, air and noise quality and public health issues are at risk. He mentioned that comments from the South Florida Water Management District pointed out that of the eight alternatives considered for the expansion of the airport, the South Runway alternative imposes the most adverse environmental impacts. MINUTES 13 APRIL 9, 2002 CITY OF DANIA BEACH . Commissioner Bertino pointed out that previous Commissioner's Bobbie Grace, Bill Hyde and Albert Jones voted in support of the lnterlocal Agreement on the airport expansion in 1995 and that the current Commission is against the expansion. He mentioned the City Commission's fiduciary responsibility to do whatever it can to uphold the safety and welfare of the residents of Dania Beach, which supercedes the Interlocal Agreement approved in 1995. After Item 12, City Manager Pato mentioned that documentation had been received from Broward County on a conceptual agreement from Florida Communities Trust in regards to the acquisition of a parcel of land included in the Bond Preservation Program that is located just west of SW 30th Avenue near Griffin Marine Park. The parcel of land does not connect with Griffin Marine Park and FCT is insisting that the parcel be titled to Broward County and maintained by the City of Dania Beach. The FCT rules also include the requirement for a management plan involving costs for an environmental specialist and a five-year plan to bring the parcel back to pristine condition. City Manager Pato advised that the cost to the City would be in excess of the $40,000 matching funds that was agreed to be spent in connection with acquiring the parcel with Broward County and the FCT grant. City Manager Pato advised that Bonnie Temchuk, Assistant to the City Manager, recommended against the acquisition based on the lack of benefit to the City and since the site is unable to be developed. City Manager Pato advised that he also received a letter from the Broward County Department of Planning and Environmental Protection relating to Site 137. The owner is willing to sell the parcel in its entirety, which includes a 3,000 square foot home and a swimming pool. Broward County would like to pursue the purchase and needs to know if the City would be willing to manage the site with a potential for the residence to be used as nature center. Laurence Leeds, Growth Management Director, mentioned that he viewed the property located off 25th Avenue that is heavily wooded and that the structure would be inspected for structural stability. City Manager Pato advised that there would not be any matching funds requirements or costs to the City and that the City would receive 15% of the purchase price as a one-time acquisition price for the City to maintain the site. Commissioner McElyea advised that he was familiar with the house that was built in 1964 and that it was quality construction. Commissioner Mikes mentioned that the pool would probably not be usable by the City and would have to be filled in due to liability concerns. Vice-Mayor Flury agreed to pursue Site 137 and let the other parcel go back. Commissioner Bertino mentioned that acquiring the parcel near Griffin Marine Park might provide additional park land and keep the road from being widened in the future. The City Commission generally agreed to hold off on a decision for the parcel near 30th Avenue to allow time to review the site again and to advise Broward County that the City would be interested in the acquisition and management of Site 137. 13.2 City Attorney Ansbro advised that White & Case, P.A. would be bringing a draft response to the EIS to the City Commission on April 23 in order to meet the April 29th deadline to the FAA. He mentioned that the City of Hollywood would also be engaging services and input . along with Attorney Brenda Chalifour. City Attorney Ansbro advised that Hollywood would share some of the legal costs and clarified that the City Commission had no objections. MINUTES 14 APRIL 9, 2002 CITY OF DANIA BEACH • The City Commission agreed to schedule a workshop meeting April 16 at 7:00 p.m. to discuss the RFP's received on the CRA Plan. Commissioner Mikes expressed his concern that a conflict exists with one of the RFP respondents based on consulting work they do for Broward County on the airport expansion. The City Commission generally agreed that the top four firms be presented on Tuesday at the workshop meeting. 14. ADJOURNMENT This meeting adjourned at 10:30 p.m. R ERT H. CHUNN, JR. ATTEST: CHARLENE JOHN90N CITY CLERK APPROVED: April 23, 2002 • MINUTES 15 APRIL 9, 2002 CITY OF DANIA BEACH