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HomeMy WebLinkAbout1354 - MINUTES - City Commission MINUTES DANIA BEACH CITY COMMISSION REGULAR MEETING AUGUST 27, 2002 1. CALL TO ORDER: Mayor Chunn called the meeting to order at 7:00 p.m. 2. INVOCATION AND PLEDGE OF ALLEGIANCE: Rev. Tannie Lewis, Gethsemane Missionary Baptist Church 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 • City Clerk: Charlene Johnson Mayor Chunn conducted a moment of silence in honor of the recent passing of Cheryl Grace, daughter of former Mayor Bobbie Grace. 4. CITIZENS' COMMENTS: 4.1 Jay Field requested financial support to advertise a full page ad in the Dania Press supporting the Master Plan update and encouraging citizens participation in the upcoming airport meetings. City Manager Pato recommended advertising in the Sun Sentinel and Commissioner Mikes advised that there wouldn't be enough time to design the ads and that Dania Press would reach most of the residents. Commissioner McElyea offered to pay the costs for the advertising and it was agreed that the City Manager could locate the funds to cover the costs. A motion was made by Commissioner Bertino, seconded by Commissioner Mikes, directing City Manager Pato to locate funds to pay for the advertisement of a full-page ad in the Dania Press. 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 4.2 Bill Davidson, 229 SE 4 Street, advised that he was running for School Board at large and that this MINUTES 1 AUGUST 27,2002 REGULAR MEETING was the third year that students at Dania Elementary are not provided basketball rims at the basketball courts. He asked that the City Commission consider supporting the rims at the school. 4.3 A representative from Dry Marina at Port Everglades advised that they have received a termination from Broward County on the lease of the marina space at Port Everglades. He advised that based on a feasibility study conducted of the marine industry in Broward County that Dry Marina stores some 15% to 20% of 40 foot boats in the County and that marinas are being changed to only handle large boats or are being eliminated all together throughout South Florida. He stressed his concern that the marina industry is being impacted significantly by the recent changes and that he appreciates the City's support of Item 7.8 on the agenda. He mentioned that Dania Beach is very flexible with the marina industry and that there is a need to take action to protect the marina industry. He mentioned that Port Everglades has stated the reasons for asking Dry Marina to leave is based on security needs at the Port because of a bridge located to the north of his site, which would limit access for the marine patrol. He mentioned that it seems wrong to deny access to Broward County residents when cruise ships are going to continue to operate with clients from all over the world. Commissioner Mikes mentioned that he served on the Marine Task Force on the Fort Lauderdale Chamber of Commerce in the 80's and that he partly blames the Marine Industry Association owners for selling their properties to developers. He mentioned that there should be some special taxing benefits on marinas to encourage the marina businesses to preserve the boating areas. Commissioner Mikes stressed the importance of Dania Beach encouraging marine industry in the area based on the large number 'of waterfront homes and that the County is losing quality of life and eliminating a natural industry. 4.4 Ellie DePaula, Estates of Fort Lauderdale, mentioned the need to repair the bridge on Lake Shore Drive that is used by residential and commercial traffic and to clean up the property on 31 s'Avenue near the • power lines that is in deplorable condition. Commissioner McElyea advised that the property is owned by Broward County and that the City Manager is looking into making repairs to the bridge. 5. PRESENTATIONS AND SPECIAL EVENT APPROVALS: 5.1 Presentation by Sheriff Ken Jenne, Broward Sheriff's Office-District 2, on External Automatic Defibrillators Program. Chief Bryan Cowart, BSO, explained that Sheriff Jenne was called away to another meeting and could not attend tonight. Chief Cowart advised that each External Automatic Defibrillators cost $1,885 and that 7 units are being distributed to BSO patrol units. Commissioner Bertino stressed the importance of having the first aid units in all of the parks and City Hall to save lives. Fire Chief Land pointed out that the Fire Department has 11 defibrillators that are going to be distributed to the parks and City facilities. Commissioner Mikes stressed the importance of having the defibrillator units with the BSO deputies and that Dania Beach is one of the first cities to implement the positive program. 5.2 Presentation by Jeffrey C. Gorley President/CEO of The South Florida Human Rights Council Inc. MINUTES 2 AUGUST 27,2002 REGULAR MEETING Jeffrey C. Gorley mentioned that he has been asked to speak about the recent race issue relating to Mayor • Chunn and that he has also been contacted by City employees regarding alleged employment related discrimination. Mr. 'Gorley encouraged the City Commission to take proactive steps in fixing the race problems in the City and presented and reviewed an Eight Point Plan. Mr. Gorley advised that the persons who overheard the comments made in regards to Mayor Chunn have already been interviewed by U.S. Commission on Civil Rights and he recommended that the City Commission appoint a 7 member Citizens Review Panel to investigate the allegations of discrimination so they can report back within 90 days. Mr. Gorley advised that when he was a member on the Broward County Human Rights Board and that he had the opportunity to address the Davie Town Council about the same problem, Davie recognized that they have a problem with race relations and they created a Community Relations Board and the board addresses race relations in City government and the community. Mr. Gorley extended his desire to partner with the City to deal with the race problems in the City and stated that Mayor Chunn is Mayor whether people like it or not and that he should be respected for his position. In regards to law enforcement, Mr. Gorley recommended that the Chief of Police establish a Young Adult Police Advisory Board so that the young people and police can have an understanding of each other. Mr. Gorley stated that no organization should have to come before the City Commission or any City and be placed in a position of making these recommendations. Mr. Gorley pointed out that people are watching what the City Commission is doing and that the President of NAACP and the Regional Director of US Commission on Civil Rights and that the regional office located in Atlanta are aware of the race relations in the City of Dania Beach. Mr. Gorley mentioned that the community is very concerned about the allegations and that Bob Adams, who Chairs the Human Relations Board could also address the problems along with another board. Commissioner Mikes agreed with the intent presented by Mr. Gorley, however, he blamed the media for making more out of the problem. He stated that prejudice will never been completely ended and mentioned his support of Mayor Chunn during the 2001 campaign based on Mayor Chunn's expertise in dealing with drug problems. Commissioner Mikes disagreed with involving the Human Relations Board based on the political aspirations of some members and pointed out that drug dealers work against anyone who is trying to deal with the drug problem in the City. Commissioner Bertino was pleased that Mr. Gorley has come to help the City, however, he mentioned that the press can some times present the wrong perception of a problem to the community. Commissioner Bertino confirmed with Chief Cowart that sensitivity training is provided to deputies in accordance with requirements of the Police Academy and Florida Criminal Justice Standards and Training Commission. Commissioner Bertino mentioned that politics enter into many issues and that certain concepts on perceived in order to be used by certain people. He asked City Manager Pato to provide the City Commissioners with any employee discrimination complaints or lawsuits so that an administrative fix can be provided as the City Commission or Administration does not want to tolerate these types of problems. Mr. Gorley expressed his support of law enforcement and the need for Youth Committee. He recommended that the City Commission consider establishing a Race Relations Board and to structure it the way the City Commission desires. He stated his desire to work with the City Commission in dealing with the circumstances that exist on race relations in the City and to establish the board to monitor the problems so that everyone can move forward. Mr. Gorley stated that he received phone calls from a few Public Works employees and that these employees are afraid to report any problems, which is why strict policies and procedures be established in reference to discrimination. MINUTES 3 AUGUST 27,2002 REGULAR MEETING Vice-Mayor Flury thank Mr. Gorley for attending the meeting and suggested that the Eight Point Plan be • discussed at the upcoming workshop meeting over the next week or ten days. Commissioner McElyea stated that he supported Mayor Chunn in his campaign and that he was asked to be his Vice-Mayor, however, three votes were not there. He pointed out that Mayor Chunn sits in the Mayor position based on his receiving the second highest votes in the 2001 election in accordance with the Charter. Commissioner Bertino requested that Mary McDonald, Administrative Services Director, provide the City Commission with a copy of the City's discrimination policy. Mayor Chunn mentioned that he has kept quiet about many things that have been said about him and that Commissioner Mikes seeked him out for help in the 2001 campaign and not the other way around. Mayor Chunn stated that there are many things that are not known about him and that he has accomplished many things in the field of drugs as he started in the Dade and Broward County Court systems when he was 23. He mentioned that a judge that he knew many years ago called him recently to commend him for his accomplishments and that he helped start the program of removing kids from jail and putting the drug dealers in jail and that he feared for his life on many occasions. Mayor Chunn advised that there are many things that even his family does not know about his work and that he is one of few civilians who crossed the ocean to rescue another American and that he did it to help people. Mayor Chunn advised that he was picked by Dr. Herman Wrice and that there were times when Dr. Wrice was attacked and that he protected Dr. Wrice and that he did want to leave the Turn Around Dania Beach group. Mayor Chunn stated that he is not a liar or a phony and that the issue is not just about racism and that it is also about power and control and when he wouldn't play the game he was attacked politically. Mayor Chunn advised that he would be agreeable to holding a Town Meeting to allow the public to ask him anything that they desire and stated that absolute power corrupts. 5.3 Presentation by Sam Connolly, NOAA (National Oceanic and Atmospheric Administration). No present. 5.4 Request by Don Drybread D/B/A Santa's Magical Village to operate a temporary carnival October 11, 2002 — January 12, 2003 on property located North of Springhill Suites Hotel, East of 1-95, and South of Dania Beach Boulevard. (staff) City Manager Pato advised that staff would like to continue the item until additional insurance information can be obtained. Mr. Drybread requested that he be allowed to deal with the insurance issues tonight. City Attorney Ansbro advised that Mr. Drybread has made this request consistently for a number of years. However, due to an injury sustained by a person who is still comatose and another injury claim that the City has been named in with the carnival, he recommended continuance until the necessary insurance is in place. City Attorney Ansbro advised that staff is not prepared at this time to deal with the request tonight and that the insurance certificates that have been provided will expire shortly and that the City needs to be named as additional insured and that Coregous Insurance, the City's Risk Manager, must identify that there would not be any problems for the City with the approval. A motion was made by Vice-Mayor Flury, seconded by Commissioner Bertino, to grant the approval subject to the following: (1) Mr. Drybread cannot begin any activity on the site until he receives written approval from City Manager Pato and City Attorney Ansbro that all insurance requirements are met; (2) including the 7 MINUTES 4 AUGUST 27,2002 REGULAR MEETING conditions presented by Laurence Leeds, Growth Management Director, as outlined in his staff memo. 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 6. PROCLAMATIONS: NONE ITEMS PULLED FROM THE CONSENT AGENDA: Laurence Leeds asked that 7.6 be removed from the Consent agenda. Vice-Mayor Flury asked to hear item 7.6 in an effort not to postpone the issue. Vice Mayor Flury pulled 7.5 and 7.9. Commissioner Mikes pulled item 7.12. 7. CONSENT AGENDA (INCLUDING EXPENDITURES): Bills: 7.1 Approval of Bills for the Month of July, 2002 Minutes: 7.2 Approval of minutes for Regular meeting August 13, 2002 7.3 Approval of minutes for Workshop meeting August 14, 2002 Travel Expenditures- NONE Resolutions — 7.4 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE AGREEMENT WITH GOVERNMENT SERVICES GROUP, INC. AND THE CITY OF DANIA BEACH FOR PROFESSIONAL SERVICES RELATING TO ADMINISTRATION OF FIRE RESCUE, SOLID WASTE AND STORMWATER ASSESSMENT PROGRAMS FOR FY 2002- 03; AUTHORIZING A COST OF $32,500.00 FOR THE SCOPE OF SERVICES OUTLINED IN EXHIBIT "A" TO THE AGREEMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.7 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ENCOURAGING THE BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS TO CONTINUE THE LEASE AGREEMENT WITH THE OWNER/OPERATOR OF THE DRY MARINA FACILITIES AT THE CURRENT OR AN ALTERNATE SITE AT PORT EVERGLADES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (City Attorney Ansbro advised that the Resolution for 7.8 was revised and provided in the backup) 7.8 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN STAFFING CONNECTION & ACTION LABOR MANAGEMENT, LLC. AND THE CITY OF DANIA BEACH TO PROVIDE FOR VARIOUS LABOR FORCES, INCLUDING, BUT NOT LIMITED TO SCHOOL CROSSING GUARD SERVICES, WITH APPROPRIATE CERTIFICATIONS; PROVIDING THAT SAID SERVICES SHALL BE PURCHASED UNDER THE TERMS AND CONDITIONS OUTLINED IN THE CITY OF HOMESTEAD BID #200214; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. MINUTES 5 AUGUST 27,2002 REGULAR MEETING 7.10 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH FOR SEGMENTS 11 AND III, SHORE PROTECTION PROJECT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Ordinances —Title to be read by City Attorney — 7.11 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE "DANIA DISTRIBUTION CENTRE" PLAT, SUCH PROPERTY BEING LOCATED AS THE VACANT PROPERTY LOCATED ON THE SOUTH SIDE OF DANIA BEACH BOULEVARD BETWEEN SW 12T" AVENUE (EXTENDED) AND THE C-10 CANAL , IN THE CITY OF DANIA AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF "DANIA DISTRIBUTION CENTRE" PLAT; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) A motion was made by Commissioner Bertino, seconded by Commissioner Mikes, approving the Consent Agenda with the exception of Items 7.5, 7.6, 7.9 and 7.12. 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 ITEMS PULLED FROM THE CONSENT AGENDA: 7.5 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THIRD ADDENDUM TO THE LAW ENFORCEMENT SERVICE AGREEMENT BY AND BETWEEN THE CITY OF DANIA BEACH AND KENNETH C. JENNE, II, SHERIFF OF BROWARD COUNTY, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Vice-Mayor Flury requested that the $4,000 for the drug dog be removed from the Addendum since Turn Around Dania Beach purchased the dog. Chief Cowart explained that it cost $14,000 to train the dog in Canada and that the contribution from Turn Around Dania Beach has been deducted from the total bill. A motion was made by Vice-Mayor Flury, seconded by Commissioner Bertino, adopting the Resolution approving the Third Addendum. 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 7.6 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE PROPOSAL FROM MARTIN OUTDOOR MEDIA FOR BUS BENCH SERVICES WITHIN THE CITY OF DANIA BEACH; WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Mikes questioned the term of the agreement. Scott Martin, Martin Outdoor Media, explained that the contract is for five years, however, he would be agreeable to a three (3) year contract, . City Attorney Ansbro advised that an agreement would have to be provided for the bus bench services. MINUTES 6 AUGUST 27,2002 REGULAR MEETING J Commissioner Mikes desired a three (3) year agreement and that Martin Outdoor Media use a green and white signage on a green bench. Mr. Martin agreed with the colors and to allow the City input on the advertising. Vice-Mayor Flury questioned the wording in the resolution "without bidding" as she understood that the services were advertised. A motion was made by Vice-Mayor Flury, seconded by Commissioner Bertino, adopting the Resolution subject to: (1) green and white signage on green benches; (2) The City shall have the right to approve the pictorial portions of the advertising that would go on the benches. 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 7.9 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO CONTRACT FOR THE PURCHASE OF SERVICES IN AN AMOUNT NOT TO EXCEED $12,500 FROM URBAN ECONOMICS, INC. FOR APPRAISAL SERVICES FOR THE HARBOUR TOWNE MARINA PROPERTY, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Vice-Mayor Flury requested that when the appraisal is finished she wants a good idea of the portion of land that belongs to Harbour Towne and which portion belongs to Dania Beach with a map with each of the franchises so that the City Commission knows exactly what exists at the marina. Commissioner Bertino questioned whether there is enough money provided to cover survey services that may be needed. Commissioner Mikes also stressed the importance of obtaining information on all the subleases and the amounts of money being generated for Harbour Towne. City Attorney Ansbro agreed to speak with the appraiser and obtain the information. A motion was made by Vice-Mayor Flury, seconded by Commissioner Bertino, adopting the Resolution. 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, ITEM 11.1 WAS HEARD ITEM 7.12 WAS HEARD AFTER ITEM 11.1. ADDENDUM ITEM: 7.12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, SUPPORTING CONGRESSMAN PETER DEUTSCH'S POSITION THAT BROWARD COUNTY INCLUDE A LONGER-RANGE VIEW OF IMPACTS FROM NOISE AND THE ENVIRONMENTAL IMPACT STATEMENT AS PART OF THE ALTERNATIVES BEING CONSIDERED IN THE REVIEW OF THE MASTER PLAN FOR THE AIRPORT EXPANSION OF THE FORT LAUDERDALE- HOLLYWOOD INTERNATIONAL AIRPORT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. MINUTES 7 AUGUST 27,2002 REGULAR MEETING • City Manager Pato read the Resolution in its entirety as requested by Commissioner Mikes. Commissioner Mikes expressed his concern for the future of the City with the expansion of the South Runway that will impact development potential along Old Griffin Road and noise and environmental impacts to the Melaleuca Gardens residential community. Commissioner Mikes stressed the importance of the City fighting the project in an effort to protect the tax base and commended staff for their efforts. A motion was made by Commissioner Mikes, seconded by Commissioner Bertino, adopting the Resolution. 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 THE CODE OF ORDINANCES PROVIDING THAT THE DEATH BENEFIT REQUIRED YEARS OF CREDITED SERVICE BE REDUCED FROM TEN (10) TC+ EIGHT (8) TO MATCH THE NORMAL RETIREMENT" DATE CREDITED SERVICE REQUIREMENT; PROVIDING FOR DIRECT TRUSTEE TO TRUSTEE TRANSFER FROM DEFERRED COMPENSATION ACCOUNTS FOR PURCHASE OF PRIOR SERVICE CREDIT; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A REPEALER; AND PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of the Ordinance for second reading. Mayor Chunn opened the public hearing. Hearing no one speak in favor or opposition, Mayor Chunn closed the public hearing. Commissioner Mikes questioned why the Ordinance provides for an employee who left the employment of the City and who wasn't eligible for retirement to come back years later and be allowed to obtain a death benefit retroactiively. A motion was.made by Commissioner Mikes, seconded by Vice-Mayor Flury, continuing second reading of the Ordinance to September 10 in order to allow for a full explanation. 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 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES RELATING TO THE POLICE AND FIREFIGHTERS RETIREMENT SYSTEM, PROVIDING FOR RETIREE ELIGIBILITY FOR ELECTION TO TRUSTEE POSITIONS IN SPECIFIC CIRCUMSTANCES; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A REPEALER; AND PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of the Ordinance for second reading. MINUTES 8 AUGUST 27,2002 REGULAR MEETING 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, adopting 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 9.3 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING SECTION 27-19 OF THE CITY CODE OF ORDINANCES TO INCREASE THE WATER SUPPLY RECONNECTION SERVICE FEE FROM $25.00 TO $75.00; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of the Ordinance for second reading. Mayor Chunn opened the public hearing. Charlene Scalese opposed the $75 charge. Hearing no further comments, Mayor Chunn closed the public hearing. Vice-Mayor Flury pointed out that the charge is imposed after several missed water payments and that the $75 charge only covers the City's actual costs. A motion was made by Vice-Mayor Flury, seconded by Commissioner Bertino, adopting the Ordinance on second reading. The motion passed on the following 4/0 roll call vote with Commissioner Mikes out of the room: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes 9.4 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 12 OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED "FLOOD DAMAGE PREVENTION" TO CREATE SECTION 12-14 TO BE ENTITLED "ADOPTION OF THE BROWARD COUNTY LOCAL MITIGATION STRATEGY"; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of the Ordinance for second reading. Mayor Chunn opened the public hearing. Hearing no comments in favor or against, Mayor Chunn closed the public hearing. Ken Koch, Building Official, explained that he was visited recently by Federal and State representatives from FEMA in regard to flood prevention criteria and what the City does to prevent flood damage loss for insurance companies. The current Ordinance deals with solely construction and that the mitigation strategy deals more with stopping damage to property in general, which has become more complicated. Mr. Koch advised that the Mitigation Strategy is voluminous and it made better sense to adopt existing Broward County's Mitigation Strategy. Mr. Koch advised that if the City does not adopt the Ordinance then_the City would be subject to losing the 10% reduction in insurance rates. MINUTES 9 AUGUST 27,2002 REGULAR MEETING A motion was made by Vice-Mayor Flury, seconded by Commissioner Bertino, adopting the Ordinance on second reading. The motion passed on the following 4/0 roll call vote with Commissioner Mikes out of the room: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes 9.5 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, TRANSMITTING AN AMENDMENT TO THE FUTURE LAND USE ELEMENT OF THE CITY OF DANIA BEACH COMPREHENSIVE PLAN TO THE DEPARTMENT OF COMMUNITY AFFAIRS, PURSUANT TO THE PROVISIONS OF CHAPTER 163, PART II, FLORIDA STATUTES, TO INCLUDE ON THE FUTURE LAND USE MAP SERIES PORTIONS OF UNINCORPORATED BROWARD COUNTY LANDS ANNEXED INTO THE CITY IN ACCORDANCE WITH SECTIONS 1, 3, AND 4 OF CHAPTER 2000-474, LAWS OF FLORIDA (2000), GENERALLY LOCATED NORTH OF STIRLING ROAD, WEST OF RAVENSWOOD ROAD, SOUTH OF STATE ROAD 84, AND EAST OF STATE ROAD 441; CHANGING THE FUTURE LAND USE PLAN DESIGNATIONS ON SAID ANNEXED LANDS FROM THE COUNTY DESIGNATIONS TO THE MOST SIMILAR CITY DESIGNATIONS; PROVIDING FOR AN EFFECTIVE DATE.(SECOND READING) City Attorney Ansbro read the title of the Ordinance for second reading. Mayor Chunn opened the public hearing. Hearing no comments in favor or against, Mayor Chunn closed the public hearing. Laurence Leeds, Growth Management Director, advised that the Ordinance is a house keeping matter and a perquisite to amending zoning in the September, 2001 annexation area. Commissioner Bertino discussed the duplex zoning requirements for the area. A motion was made by Vice-Mayor Flury, seconded by Commissioner Bertino, adopting the Ordinance on second reading. The motion passed on the following 4/0 roll call vote with Commissioner Mikes out of the room: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes 9.6 VA-25-02 — A Variance Request by Umberto Gallo, owner of Angelo's Corner, to attach a new 32 square foot box sign to an existing 77 square foot pole sign (20 feet high) for a total sign area of 109 square feet (existing pole signs are required to be removed by December, 2003 and replaced with monument signs limited to seven feet in height and 42 square feet in area). Property located at the Danian's Shopping Center at 619 East Dania Beach Boulevard, Dania Beach. A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY UMBERTO GALLO, OWNER OF ANGELO'S CORNER, FROM CHAPTER 28 ZONING, ARTICLE 28 SIGNS, FOR PROPERTY LOCATED AT 619 EAST DANIA BEACH BOULEVARD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Growth Management Director, advised that a 1998 amendment to the sign code requires that all pole signs be removed by December 2003. Whenever a variance is granted the expiration date is removed. The Planning & Zoning recommended approving the Variance subject to- MINUTES 10 AUGUST 27,2002 REGULAR MEETING the sign complying in December 2005. This would provide the business 3 '/z years to comply. If the City Commission approves the Variance as is the sign would never have to come down. Mayor Chunn opened the public hearing. Mr. Alberto Gallo, Angelo's Corner, requested approval and had no problem with the sign compliance in December 2005 and mentioned that there is a visibility problem. Rose Lizana, Dania Press, advised that the business is in good standing with the Chamber of Commerce and she requested approval of the Variance. Hearing no further comments, Mayor Chunn closed the public hearing. A motion was made by Commissioner Bertino, seconded by Commissioner Mikes, adopting the Resolution subject to the removal of the pole sign and compliance with the sign code by December 2005 (Please note the applicant may reapply to extend the sign removal deadline anytime prior to December, 2005). The motion passed on the following 510 roll call vote. Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes 9.7 VA-33-02 — A Variance Request by Phil Glassman, Jaxson's Dania Shopping Center, to allow approximately 100 shopping center parking spaces (137 spaces required) for a Goodwill Thrift Shop in an existing shopping center. Property located at 112-126 South Federal Highway, Dania Beach. A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY PHIL GLASSMAN, JAXSON'S DANIA SHOPPING CENTER, FROM CHAPTER 28 ZONING, ARTICLE 6.21. OFF-STREET PARKING, FOR PROPERTY LOCATED AT 112-126 SOUTH FEDERAL HIGHWAY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Growth Management Director, advised that the Goodwill Thrift Store will be called the 1 2 3 Thrift Store and will function like a Dollar store with items as high as $3. The proposed thrift store use, in conjunction with other shopping center uses, would require 137 parking spaces. Approximately 100 spaces are available (89 in the front and 11 in the rear of the center). Mr. Leeds advised that the Planning & Zoning Board was concerned with the appearance of the rear of the building that fronts on NW 1st Avenue. Discussion followed on the dumpsters not being required to be enclosed and the high volume of truck traffic using the rear of the building for loading purposes and sidewalks that are damaged from the trucks. Mayor Chunn opened the public hearing. Rose Lizana, Dania Press, requested approval of the Variance and thought that ample parking was provided and that the owner tries to keep the property cleaned. Sandra Pollero, Modulaire, representing property owner Michael O'Donnell, presented a letter from Mr. O'Donnell stating concerns that his property to the south of the center might be impacted due to the shortage of parking being requested. The letter was provided to the City Clerk. MINUTES 11 AUGUST 27,2002 REGULAR MEETING Jack Fisher advised that there are 86 spaces in the front of the shopping center and he presented a plan from 1981 or 82 that showed fencing in the loading area and shrubbery behind the proposed Dollar store that he would like to be included as part of the Variance request. Mr. Leeds stated that he cannot confirm that the plan being presented by Mr. Fisher is the official approved plan for the property. Mr. Leeds advised that he counted 89 parking spaces in the front and that he could be granted credit for 11 spaces in the rear of the center. Hearing no further comments, Mayor Chunn closed the public hearing. Mr. Leeds advised that the plan presented by Mr. Fisher shows parking spaces in the back that are not usable as the spaces are used for dumpsters and loading. Commissioner McElyea advised that Paul Porzio has tried to keep the back of the shopping center cleaned up in spite of the existing problems with vagrants and truck traffic. He thought that the east side of the sidewalks should be repaired as they are broken by the tractor trailers that are loading or unloading and that there is a need to address cleaning up NW 1 st Avenue as it runs in front of City Hall. Commissioner Mikes stated his desire to work with the petitioner as the shopping center needs to be productive. Vice-Mayor Flury advised that most of the parking in the shopping center is for Jaxson's Ice Cream Store and that the Thrift Store should not generate that much parking. She disagreed with replacing sidewalks on both sides and mentioned that there would be no point in replacing the east side if trucks continue to drive over them. Mr. Leeds advised that vendors would not be able to open the loading doors if a shrubbery was installed in the rear of the center. Commissioner Bertino recommended that the trucks back down at a 90 degree angle to the loading gates and if sidewalks are installed with the proper materials trucks would not be able to break up the sidewalks. Mr. Leeds didn't think there would be enough room for the trucks to back down at a 90 degree angle and that there would be no way to police the loading and unloading by the truckers. Discussion followed on installing landscaping improvements to beautify the back and letting the trucks park on the street. Mr. Leeds recommended that the applicant be required to bring back a plan on improving the back of the property. Vice-Mayor Flury urged staff to work with the applicant and cut the business owners a little slack. Mr. Paul Porzio, 220 SE 1st Street, mentioned the difficulty of living on his street with the truck traffic going to Winn Dixie and that nothing has been done in spite of complaints and that he would sue the City if they begin enforcing truck traffic for the shopping center. Mr. Porzio advised that the back of the shopping center is much better than it used to be and that the businesses need the truck deliveries. He agreed to work with staff to improve the back of the shopping center and felt that there is sufficient parking provided. He agreed to fix broken sidewalks on the east side of NW 1st Avenue and that the City should pursue the truck drivers for the west side of the street. Mr. Leeds confirmed that because the shopping center predated the dumpster Ordinance the dumpsters at the shopping center do not have to be enclosed unless made a condition of the parking MINUTES 12 AUGUST 27,2002 REGULAR MEETING variance. Discussion followed on landscaping in the back of the store and irrigation needs. A motion was made by Vice-Mayor Flury, seconded by Commissioner McElyea, adopting the Resolution (VA-33-02) subject to the following conditions outlined by the Planning & Zoning Board: (1) Wall mounted rear yard exterior lighting; (2) Clean up rear yard (removal of trash and deteriorated dumpster closure); (3) Replace or repair sidewalks on the east side of NW 1s`Avenue. 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 Mr. Porzio agreed to work with City staff on any ideas they might have in regards to improving the back of the shopping center. 10. COMMISSION COMMENTS: 10.1 Commissioner Bertino encouraged everyone to be careful as school is back in session. 10.2 Commissioner McElyea mentioned that there are five lights out at the I.T. Parker Center. City Manager Pato agreed to look into it. 10.3 Commissioner Mikes asked the City Manager about the new Griffin Boat Ramp. City Manager Pato advised that an official dedication of the park is being planned and that the ramp is usable. . City Manager Pato reported that Broward County has committed to a contribution up to $100,000 for dredging the Dania Cut-off Canal, portions of C-10 and Finger Lakes. The Florida Inland Navigation District has provided a letter of tentative approval for$180,000 and permits have been received. In addition, through. lobbyists assistance from Tallahassee approximately $200,000 is being dedicated for the dredging. City Manager Pato advised that the entrance sign at Griffin Road would be painted on Thursday and hopefully finished by the weekend and the lighting has been installed. Commissioner Mikes commended City Manager Pato for providing temporary clerical assistance for Attorney Brenda Chalifour, Special Airport Counsel, to help her with research work for the airport issue. Commissioner Mikes stressed the importance of the City taking whatever steps possible to ensure that the City's viewpoints are strongly expressed and public safety and health are properly considered in regards to the expansion of the South Runway. Commissioner Mikes was of the opinion that,there is a workable solution to the expansion of the runway; the solution hinges on the South Runway being designated a commuter runway so that four (4) runways would be provided for the cost of what FAA is proposing to build two (2) runways. He thought that this would relieve pressure by FAA to expand further south towards Stirling Road and impose less impact on the residential communities surrounding the south end of the airport. Commissioner McElyea mentioned that a letter had been received from a resident requesting that the AT&T camera man focus in on the City Commissioners and people making presentations as they are speaking at City Commission meetings. City Manager Pato agreed to contact AT&T and to report back on the camera changes proposed for the Commission Chamber. 10.4 Vice-Mayor Flury agreed with Commissioner McElyea on the continuous problem with street lights being out in the City and suggested that someone from Public Works be scheduled to ride the COP (Citizen on Patrol) car during the 3-11 or 11-7 shift on a monthly basis to report all the lights in need of repair to FPL MINUTES 13 AUGUST 27,2002 REGULAR MEETING so they are in working order. Vice-Mayor Flury stressed her concern for the high standing water at SE 5th and Sheridan, which is causing a dangerous situation for drivers. City Manager Pato advised that FDOT controls the intersection and that he would report back to the City Commission once Director Sheridan returns as a meeting was held with FDOT on the matter. 10.5 Mayor Chunn —no comments Commissioner Bertino requested that City Manager Pato have the 10-12 feet of fiber optic cable near SE 2"d Avenue near Dania Beach Boulevard removed and mentioned that there are other areas in the City where cable companies have abandoned fiber optic cable. ITEM 11.2 WAS HEARD AFTER COMMISSION COMMENTS: 11. DISCUSSION AND POSSIBLE ACTION: ITEM 11.1 WAS HEARD AFTER ITEM 7.9. 11.1 Request by Manuel Synalovski of Synalovski Gutierrez Romanik Architects, Inc. to approve the installation of two (2) temporary portable classrooms at Maimonides Academy Elementary School located at 5300 SW 40th Avenue, Dania Beach. (Staff) Mr. Leeds recommended a three (3) year term and conditions as presented in his staff memo. Mr. Manuel Synalovski clarified that the two portables represent four actual classrooms and that he was available for any questions from the City Commission. After the 36 months period, Mr. Synalovski was hopeful that permanent space would be provided and that a plan would be brought back to the City Commission in the future. A motion was made by Commissioner Bertino, seconded by Vice-Mayor Flury, approving the 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 ITEM 7.12 WAS HEARD AFTER ITEM 11.1. ITEM 11.2 WAS HEARD AFTER ITEM 10. 11.2 Request direction from City Commission on how to proceed with selection of an auditing firm and the possible adoption of procedures for the process. (Staff) Patty Varney, Finance Director, advised that the City used S. Davis & Associates for auditing services for the past four years and that there is no current engagement agreement for fiscal year 01/02. The costs last year with S. Davis & Associates was $45,000 for preparation of the Comprehensive and Financial Report plus $16,000 for GASB 34, a new financial reporting that must be implemented by September 30, 2003. Director Varney clarified that should the City decide to use S. Davis & Associates for the 01/02 Fiscal Year audit, the City should also use the firm for the 02/03 Fiscal Year audit based on the GASB 34 financial reporting requirements and difficulty with implementation. Director Varney recommended advertising a Request for Proposals to seek an accounting firm to perform the City's audit for the next three fiscal years. She advised that the 1998 "Auditor Selection Committee and Procedures" were updated to include the Accounting Manager to the three (3) member Committee to review MINUTES 14 AUGUST 27,2002 REGULAR MEETING the proposals and that Florida Statute now allows auditing firms to present the cost of services as part of the RFP process instead of the City being required to negotiate the cost with the ranked firms. Mayor Chunn asked whether there was an agreement with S. Davis & Associates to conduct the GASB 34 accounting program for the City. Director Varney clarified that Sean Davis & Associates was approved by Resolution to conduct the assessment portion of the GASB 34 program, however, the approval did not include the implementation of the GASB 34 program. Commissioner Bertino clarified that the City Commission has the authority to hire and fire the City Manager, City Attorney and Auditors. He stated that the auditors are responsible for conducting thorough reviews to ensure the proper use of taxpayers' monies. He expressed his dissatisfaction with the current firm of S. Davis & Associates based on some manipulation of funds in the budget by past City Managers/Administrations even though the City was presented with glowing reports. In addition, he thought it was better business to change auditing firms every four to five years anyway in order to obtain a fresh approach towards a financial review and that the City Commission should be allowed to interview at least three firms. Director Varney confirmed that the City Commission would interview the top three firms as outlined in the procedures and that the advertising would take a couple of weeks and that RFP's would be received mid- September. She expected the Committee to rank the firms by the end of September and the City Commission to award the RFP by the October 8, 2002 Regular Meeting. A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, approving the "Auditor Selection Committee and Procedures" as presented by Finance Director Varney. The motion passed on the following 4/0 roll call vote with Commissioner Mikes out of the room. Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes The City Commission agreed to schedule a workshop meeting for Thursday, September 5 at 6:00 p.m. to discuss the 2003 and 2004 Capital Improvement Program. 11.3 Update on Pier Restaurant. (City Manager) City Manager Pato advised that he mailed out notices to various restaurants in regards to the Pier project and that five responses were received and that one of the companies have held discussions with the architect and attorney in regards to the lease provisions and design. City Manager Pato advised that each candidate wants something different in regards to design and that the City should be flexible. Commissioner McElyea asked what the City was going to do with the architectural plans that have already been prepared and that the restaurant project has been delayed for years. City Manager Pato advised that some adjustments would be made to the plans. Commissioner McElyea advised that Benjamin Wohl wanted a 60 year lease and that the City should not go any longer than a 20 year lease. City Attorney Ansbro advised that the City must legally advertise a Design-Build RFP based on State Statute requirements, which involves the teaming up of a General Contractor and Architect for the proposed project. The City would have to go through an RFP process to obtain no less than three (3) interested groups and then the City would negotiate with the top firm. Attorney Ansbro was of the opinion that the City cannot negotiate with one party on any of the aspects of the project before going MINUTES 15 AUGUST 27,2002 REGULAR MEETING through the legal process. He thought the previously advertised Design-Build RFP could be updated and used for the advertising to save time. City Manager Pato advised that he found out that none of the interested restaurateurs would have accepted the shell that was proposed to be built by the City and that the design would be too small to accommodate the most basic liquor license. City Manager Pato agreed to follow the legal procedures recommended, however, he thought it would be wiser to interview candidates first as he has different concepts and methods of doing business. City Manager Pato advised that the economy is not that good with restaurants and that he would share the names of the interested parties with each of the City Commissioners. 11.4 Update on Street Closures. (City Manager) City Manager Pato advised that the barrels are expected to be removed at the 4th Avenue and Dixie Highway street closure location and that the Dania Heights Neighborhood Association is very pleased with the final product. Work has begun on the second street closure project and staff is working on obtaining permits from FDOT and FEC on the other street closure locations. 11.5 Update on Harbour Towne Marina Lease negotiations. (City Manager) City Manager Pato advised that the Resolution for the appraisal services was approved under the Consent Agenda and that City staff needs to determine the value of the Harbour Towne Marina property. Commissioner Mikes mentioned that Harbour Towne is trying to make some additional construction improvements and that he would like to know what is proposed for capital improvements at the marina. 11.6 Update on new precinct boundary lines and polling place locations for upcoming Broward County Primary on September 10th. (City Clerk) City Clerk Johnson advised that the City now has 13 precincts and that a list of the precincts and location map are available to the public in the Atrium. Discussion followed on the Supervisor of Elections sending out voter registration cards notifying voters of the precincts early next week. 11.7 Confirmation of attendance at National League of Cities conference. (City Clerk) City Clerk Johnson mentioned that the past procedure has been to designate the Mayor as Voting Delegate and the Vice-Mayor as Alternate Voting Delegate for the League of Cities conferences. Mayor Chunn and Vice-Mayor Flury advised that they would not be attending the Salt Lake City conference in December. A motion was made by Commissioner Bertino, seconded by Commissioner Mikes, designating Commissioner Mikes as Delegate and Commissioner Bertino as Alternate Delegate for The National League of Cities Annual Business Meeting being held December 7 in Salt Lake City, Utah. 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 MINUTES 16 AUGUST 27,2002 REGULAR MEETING ITEM 12.6 WAS HEARD AFTER ITEM 11.7. Addendum Item: ITEM 11.8 WAS HEARD AFTER ITEM 12.6. 11.8 Request to waive re-platting requirements in order to Vacate and Relocate a portion of a Utility Easement located between SW 52"d Street and SW 54th Street, West of SW 43 d Terrace (Emerald Palms Apartments). (Staff) Laurence Leeds, Growth Management Director, advised that the apartment complex is currently being renovated and that they need to relocate a utility easement. In order to move the easement, the City Commission must authorize a waiver to re-plat the property. The easement is not needed by the City and letters have been received from all utility companies. Mr. Leeds advised that the Site Plan and Vacation would be brought back on September 10th and that staff is recommending approval of the waiver subject to approval of the Public Works/Utilities Director. A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, approving the request to waive re-platting requirements subject to approval of the Public Works/Utilities Director. 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 11.9 Discussion of upcoming Broward County Airport meetings. (Commissioner Mikes) Commissioner Mikes mentioned that Broward County would be conducting a workshop meeting on September 9th to discuss the alternatives for the Master Plan and that the County Commission would be voting on the issue September 24th. The September 241h meeting would include public comment and Commissioner Mikes stressed the importance of citizens attending both meetings. ITEM 13 WAS HEARD AFTER 11.9. 12. APPOINTMENTS: (ITEM 12.6 WAS HEARD) 12.1 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." 12.2 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 MINUTES 17 AUGUST 27,2002 REGULAR MEETING TERM ENDING APRIL 2004; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." 12.3 Appointment of five (4) 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. 12.4 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 A MEMBER TO THE "MARINE 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." 12.5 Appointment of two (1) members to Parks, Recreation and Community Affairs Advisory Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF MEMBERS TO THE "PARKS, RECREATION AND COMMUNITY AFFAIRS ADVISORY 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 the Planning & Zoning Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF A MEMBER TO THE "PLANNING & ZONING 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." Commissioner McElyea appointed George Jason to replace Lisa Young, who moved out of the City, on the Planning & Zoning Board. A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, adopting a Resolution approving the appointment. 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 11.8 WAS HEARD AFTER ITEM 12.6. 12.7 Appointment of one (1) member to the Unsafe Structures Board in the position of Architect. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF MEMBER IN THE ARCHITECT POSITION ON THE UNSAFE MINUTES 18 AUGUST 27,2002 REGULAR MEETING I � STRUCTURES BOARD; PROVIDING THAT THE MEMBERS SHALL SERVE A THREE (3) YEAR TERM ENDING MARCH 2O05; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." ITEM 13 WAS HEARD AFTER 11.9. 13. ADMINISTRATIVE REPORTS: 13.1 City Manager Pato advised that he provided information on a conference in Jacksonville in late October relating directly to revitalizations of downtowns and he encouraged the City Commission to let him know if they desire to attend. Mr. Leeds advised that the conference is scheduled October 16, 17 and 18 by the Florida Redevelopment Association. 13.2 City Attorney Ansbro advised that the Bruckner litigation was denied by the 41h District Court on motions for rehearing by all of the judges. However, the case may be appealed before the Supreme Court. In regards to street vendors, City Attorney Ansbro advised that the case law on street vendors requires that everyone must be banned from the intersection no matter what is being sold. He advised that his firm prepared an Ordinance banning vendors for the Cities of Weston and Aventura. However, Attorney Ansbro mentioned that the City Commission would need to determine which intersections would be banned from street vendors. Discussion followed on the vendor at the Northwest corner of Stirling Road & 1-95 being considered a wayside vendor because the person sells on someone's property, which is not as much of a traffic hazard. The City Commission generally agreed that two (2) Ordinances would be needed to address street and road side vendors and that intersections would have to be determined. iLaurence Leeds, Growth Management Director, presented a letter from a contractor commending the Dania Beach Building Department staff. 13.3 City Clerk-no comments 14. ADJOURNMENT This meeting adjourned at 10:40 p.m. ROB RT H. CHUNN, JR. MA R ATTEST* CHARLENE JO N ON CITY CLERK APPROVED: September 10, 2002 • MINUTES 19 AUGUST 27,2002 REGULAR MEETING