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HomeMy WebLinkAbout1361 - MINUTES - City Commission MINUTES i DANIA BEACH CITY COMMISSION REGULAR MEETING SEPTEMBER 24, 2002 1. CALL TO ORDER: Mayor Chunn called the meeting to order at 7:25 p.m. due to the prior CRA Board meeting that extended past the normal 7:00 p.m. meeting time. 2. INVOCATION AND PLEDGE OF ALLEGIANCE: *Reverend Delbert King, Dania United Methodist Church 3. ROLL CALL: Present: Mayor: Robert H. Chunn, Jr. Vice-Mayor: Pat Flury Commissioners: John Bertino C.K. McElyea Bob Mikes (arrived at 9:15 p.m.) City Attorney: Tom Ansbro • City Manager: Ivan Pato City Clerk: Charlene Johnson 4. CITIZENS' COMMENTS: 4.1 Clinton Hill, 261 SW 13 Street, requested that the City repair the hole in the alley near 12th Street and 13th Street and 3rd Avenue near Stewarts Garage and prohibit trucks from driving breaking up sidewalks. City Manager Pato agreed to look into the matter. 4.2 Chantal Gagnon stressed the importance of citizens being allowed to speak their feelings and for Commissioners to refrain from chastising people for speaking out. 4.3 Bobbie Grace, 110 NW 8 Avenue, requested that the City Commission review the bond issue that was discussed a while back during the March elections and she stressed unity in the City. 4.4 Ralph Eddy, 150 SE 3 Avenue, pointed the need to prohibit people from displaying "For Rent' signs and that the City Attorney needs to review the Code on signage prohibitions or create an ordinance, if necessary. 4.5 Eddie Henderson, 761 SW 2 Street, requested that the City resurface the alley between 12th Avenue and 11th Avenue and install speed bumps and repair the fence near the lake for the protection of children in the area. Commissioner Bertino recommended that the City Manager find out who owns the lake and require them to repair the fence. City Manager Pato agreed to look into the matter. MINUTES 1 SEPTEMBER 24, 2002 CITY OF DANIA BEACH 5. PRESENTATIONS AND SPECIAL EVENT APPROVALS: 5.1 Request to renew occupational license for Dania Air-Motocross Park. (Staff) An attorney representing Brian Pennick, South Florida Sports, requested an extension of one year for the Occupational License based on the site being improved from a dump site to a recreational motocross facility. The attorney advised that there have been 8 extensions on the site and that during the time the owners have taking active environmental remediation on the site, under the prior Consent Agreement, with Department of Environmental Protection. Once the clean up is completed, the site can be sold for development and he expected that a closing would take place with the current developer within 180 days. He advised that none of the environmental concerns relate to the motocross track and that there are heavy metals in the ground water. Commissioner Bertino recommended that the City obtain something in writing to determine the contamination and whether there is any health risk to the children riding the motocross bikes at the site. Laurence Leeds, Growth Management Director, pointed out that the City has the obligation to ensure that property are developed to full potential to obtain full tax revenue benefits and that he would not be interested in continuing the use of the site past October 1, 2003. Mr. Leeds explained that the use was approved as a Special Exception and that the annual approval was intended to eliminate the use whenever they • desired. Brian Pennick advised that in 1950's the Department of Defense used a degreaser with the airport for a long period of time over two sections of land under the Biscayne Aquifer from State Rd 84 to 441 all the way to City Hall, which means that no new wells can go into these areas and it does not necessarily mean that the water is dangerous. A motion was made by Commissioner McElyea, seconded by Vice-Mayor Flury, continuing the request to October 8 regular meeting. The motion passed on the following 4/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Bertino requested that the City Manager look into the possibility of vinyl chloride contamination in a large part of the City based on the Department of Defense past practices. 5.2 Presentation of Red Cross Lifesaving Award to Marine Rescue Division. (City Manager) City Manager Pato commended Glenn Morris, Javier Canute and John Oconto for being awarded the Lifesaving Award for their efforts to save lives in the airplane crash at Dania Beach last year. • MINUTES 2 SEPTEMBER 24, 2002 CITY OF DANIA BEACH ITEM 9.1 WAS HEARD AFTER ITEM 5.2. • 6. PROCLAMATIONS: None ITEM 7 (CONSENT AGENDA) WAS HEARD AFTER ITEM 9.1. (ITEMS PULLED FROM THE CONSENT AGENDA: Commissioner McElyea pulled Item 7.11 and Vice-Mayor Flury pulled Items 7.10 and 7.12. 7. CONSENT AGENDA (INCLUDING EXPENDITURES): Bills: 7.1 Approval of Bills for the Month of August, 2002. Minutes: 7.2 Approval of minutes for Regular meeting, September 10, 2002 7.3 Approval of minutes for Special Meeting, Proposed Budget, September 10, 2002. Travel Expenditures- None Resolutions — 7.4 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A RETAINER AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF DANIA BEACH AND WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A., TO PROVIDE LEGAL SERVICES AS CITY ATTORNEY; PROVIDING FOR CONFLICTS; • FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.5 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH PROVIDING FOR "TRAFFICWAY ILLUMINATION AND BEAUTIFICATION FOR IMPROVEMENTS TO RAVENSWOOD ROAD FROM STIRLING ROAD TO GRIFFIN ROAD"; PROVIDING FOR THE EXECUTION OF SAID AGREEMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.6 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE TRANSFER"FROM THE CONTINGENCY FUND TO PROFESSIONAL SERVICES IN THE ADMINISTRATIVE DIVISION OF THE CITY MANAGER DEPARTMENT FOR THE FUNDING OF PROFESSIONAL SERVICES PROVIDED FOR THE "REDEVELOPMENT PLAN AND ESTABLISHMENT OF A COMMUNITY REDEVELOPMENT AGENCY"; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.7 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ACCEPTING THE WATER AND SEWER SYSTEM IMPROVEMENTS, ABSOLUTE BILL OF SALE, SANITARY SEWER EASEMENT AND WATERLINE EASEMENT FROM SHERIDAN EAST APTS, LLC, A FLORIDA LIMITED LIABILITY COMPANY,ITS GENERAL PARTNER, SHERIDAN EAST APTS, LTD, A FLORIDA LIMITED PARTNERSHIP; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. • 7.8 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A LICENSE AGREEMENT WITH THE MINUTES 3 SEPTEMBER 24, 2002 CITY OF DANIA BEACH AMERICAN SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS ("ASCAP"); PROVIDING FOR A LICENSE TO BE ISSUED TO THE CITY TO UTILIZE CERTAIN COPYRIGHTED MUSIC; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.9 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE PROFESSIONAL SERVICES TO REDESIGN AND CONFIGURE VARIOUS COMPUTER SERVERS IN AN AMOUNT NOT TO EXCEED $11,440.00, FROM IKON OFFICE SOLUTIONS TECHNOLOGY SERVICES, INC., UNDER FLORIDA STATE CONTRACT NO. 973-578-02-1, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Addendum: 7.13 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE USE OF LAW ENFORCEMENT TRUST FUNDS IN THE AMOUNT OF $16,825.00 FOR THE INSTALLATION OF TELEPHONE SYSTEMS, COMPUTER LINES AND SECURITY CAMERAS FOR B.S.O. DISTRICT #2 — DANIA BEACH SUBSTATION, 803 NW 1ST AVENUE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING AN EFFECTIVE DATE. A motion was made by Commissioner McElyea, seconded by Vice-Mayor Flury, approving the Consent Agenda with the exception of Items 7.10, 7.11 and 7.12. The motion passed on the following 4/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes ITEM PULLED FROM THE CONSENT AGENDA: 7.10 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ESTABLISHING PROCEDURES FOR REVIEW, APPROVAL, AND IMPLEMENTATION OF STREET CLOSURES AND SPEED HUMP INSTALLATIONS WITHIN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING AN EFFECTIVE DATE. City Attorney Ansbro read the title of the Resolution. Vice-Mayor Flury supported the procedure, however, she requested clarification on whether or not the City Commission would have the authority to close a street based on public safety concerns. City Attorney Ansbro advised that under State Statute the City Commission has the authority to close local streets temporarily or permanently without going through any formal process and that the procedures provide a method of dealing with public requests for street closures. City Manager Pato advised that the procedures were developed to deal strictly with Petition requests by citizens. The procedures would not apply to street closure situations where factual information requires the City Commission to take action to close a street for public safety purposes. A motion was made by Vice-Mayor Flury, seconded by Commissioner Bertino, adopting the Resolution approving Procedures for Citizen Petition Only Street Closures The MINUTES 4 SEPTEMBER 24, 2002 CITY OF DANIA BEACH motion passed on the following 4/0 roll call vote: • Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes At this time, Commissioner Bertino requested that the City Attorney clarify whether or not Roberts Rules of Order was followed in regards to Item 9.1. He pointed out that the motion that passed on September 10`h on a 4/1 vote should have been brought back up for reconsideration before the City Commission by the prevailing side. Instead, no reconsideration was conducted and then the issue was over turned under 9.1. Commissioner Bertino thought that the vote was illegal for Item 9.1. City Attorney Ansbro stated that Robert Rules of Order are a guide and they are not law and that the City Commission obtained the input from the public under Item 9.1. He suggested that the City Commission could require the street closure to go through the procedures that were just adopted. Commissioner McElyea advised that he requested that the street closure issue be placed back on the agenda tonight and that he was on the prevailing side. Mayor Chunn advised that the residents who lived on the street were given an opportunity to speak on the street closure and that the right procedure was followed. Vice-Mayor Flury suggested that the street closure request go through the newly established procedures and agreed that the issue should be continued until a full Commission is present to reconsider. A motion was made by Vice-Mayor Flury, seconded by Commissioner Bertino, to continue Item 9.1 to October 8, 2002. The motion failed on the following 2/2 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-no Mayor Chunn-no A motion was made by Mayor Chunn, after passing the gavel, seconded by Commissioner Bertino, to continue Item 9.1 to October 8, 2002. The motion passed on the following 3/1 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-no Mayor Chunn-yes Michael Sheridan, Public Works/Utilities Director, pointed out that the procedures did not provide for a fee on street closure requests and that there are cities that do charge for the requests. The City Commission generally disagreed with charging any fees for street closure requests. 7.11 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE CHAIRS FOR THE COMMISSION CHAMBER IN THE AMOUNT OF $11,805 FROM OFFICE FURNITURE WAREHOUSE, INC. • WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING THAT ALL RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO MINUTES 5 SEPTEMBER 24, 2002 CITY OF DANIA BEACH THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Bonnie Temchuk, Assistant to the City Manager, advised that the request to purchase 9 chairs for $11,805 will be paid from the $50,000 proceeds received from AT&T. Commissioner McElyea was dissatisfied with purchasing chairs at $1,305 each when the City Commission is increasing taxes this year. Vice-Mayor Flury recommended purchasing the less expensive chairs. Commissioner Bertino recommended reupholstering or reconditioning the chairs and using the money for something else. The City Commission generally agreed to continue the item to October 8th and asked that Ms. Temchuk bring back costs to recondition the old chairs and the less expensive chairs. Ordinances —Title to be read by City Attorney — 7.12 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST BY JOHN BARTLEY, B & B BUILDERSFOR PROPERTY LOCATED EAST OF SE 2ND AVENUE NORTH OF SHERIDAN STREET, WITHIN THE CITY OF DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM C-2 (COMMERCIAL) TO THE CLASSIFICATION OF PUD-B (PLANNED UNIT DEVELOPMENT) ASSIGNING NINETEEN (19) RESERVE UNITS; SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Vice-Mayor Flury confirmed that rezoning Ordinances are heard on first reading under the Consent Agenda and that the second reading is an advertised public hearing. A motion was made by Vice-Mayor Flury, seconded by Commissioner Bertino, adopting the Ordinance on first reading. The motion passed on the following 410 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes 8. BIDS AND REQUESTS FOR PROPOSALS: 8.1 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AWARDING THE BID TO RISK MANAGEMENT ASSOCIATES, INC IN THE AMOUNT OF $383,487.00 FOR THE PURCHASE OF WORKERS COMPENSATION INSURANCE FOR THE PERIOD OCTOBER 1, 2003 THROUGH SEPTEMBER 30, 2004; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. • Mary McDonald, Administrative Services Director, advised that the year referenced in Resolution should be October 1, 2002 through September 30, 2003 and that two bids MINUTES 6 SEPTEMBER 24, 2002 CITY OF DANIA BEACH were received. She advised that 30 positions have been reclassified, which has reduced • costs, and that she agreed to check on whether employees using the City's boat were reclassified to Long Shore man. A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, adopting the Resolution. The motion passed on the following 4/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes 8.2 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AWARDING THE BID TO RISK MANAGEMENT ASSOCIATES, INC IN THE AMOUNT OF $497,695.00 FOR THE PURCHASE OF PACKAGE INSURANCE (TO INCLUDE PROPERTY AND CASUALTY, PUBLIC OFFICIALS LIABILITY, EMPLOYMENT PRACTICES LIABILITY, STATUATORY ACCIDENTAL DEATH AND DISMEMBERMENT) FOR THE PERIOD OCTOBER 1, 2003 THROUGH SEPTEMBER 30, 2004; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Mary McDonald, Administrative Services Director, advised that two bids were received and that she thought the low bid turn out was based on municipalities not being an attractive risk since 9/11. A motion was made by Vice-Mayor Flury, seconded by Commissioner McElyea, adopting the Resolution. The motion passed on the following 4/0 roll call vote: • Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes 8.3 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE DESIGN/BUILD CONTRACT WITH COASTAL CONTRACTING AND DEVELOPMENT, INC. IN CONJUNCTION WITH THE FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) GRANT AND THE SWIM CENTRAL AQUATIC COMPLEX GRANT FOR IMPROVEMENTS TO FROST PARK AND CONSTRUCTION OF A,POOL AT MELI PARK; AUTHORIZING THE SCOPE OF SERVICES FROM COASTAL CONTRACTING AND DEVELOPMENT, INC.; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Bonnie Temchuk, Assistant to the City Manager, introduced Janet Palacino, Project Manager for the City, and advised that staff recommends Coastal Contracting in the amount of $1,472,000.00. The amount falls within the grant amount and the only money that the City would have to pay is the grant match of $150,000 for the FRDAP grant program. Ms. Temchuk advised that the bid award will pay for all of the renovations to Frost Park and the swimming pool at Meli Park. At Frost Park the tennis courts, basketball courts and paddleball court, roofs on two dugouts, resurfacing the grass area on athletic field, construction three shade shelters, resurfacing the walking/jogging trail, and new lighting to the roller hockey rink and tennis courts. The swimming pool and all amenities will be added at Meli Park. Commissioner Bertino asked whether Coastal was a Design Building Contractor. Ms. MINUTES 7 SEPTEMBER 24, 2002 CITY OF DANIA BEACH Palacino advised that Coastal is a General Contractor who is teamed with a Consultant, . Tamara Peacock and that she is confident the project will be completed on time. City Attorney Ansbro advised that the RFP provides a $500 a day liquidated damages as a penalty for tardiness in completing the project. Commissioner McElyea inquired as to how many pools Coastal Contracting has installed in Florida. Ms. Palacino advised that the pool contractor is Bradford and that they have installed numerous pools in Florida. A motion was made by Commissioner McElyea, seconded by Vice-Mayor Flury, adopting the Resolution approving Coastal Contracting. The motion passed on the following 4/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Vice-Mayor Flury asked that the project be kept on schedule. ITEM 11.4 WAS HEARD AFTER ITEM 8.3. 9. PUBLIC HEARINGS AND SITE PLANS: ITEM 9.1 WAS HEARD AFTER ITEM 5.2. 9.1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CLOSURE OF THE STREETS GENERALLY LOCATED AT SW 2ND TERRACE AND SW 11TH AVENUE (WEST OF PHIPPEN ROAD), AS DESCRIBED IN THE ATTACHED MAP AS EXHIBIT 'A'; PROVIDING FOR REVIEW BY THE BROWARD SHERIFF'S OFFICE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of the Resolution. Mayor Chunn opened the Public Hearing. Tony Moultry, 220 SW 11 Avenue, read a letter/petition from residents of the College Gardens Neighborhood Association opposing the street closure and asking that statistic records from BSO be obtained showing drug busts, crimes, arrests, complaints and traffic flows. Mr. Moultry recommended that the funds that might have been used for the street closure be used to upgrade the drainage at Stirling Road and 11th Avenue and Stirling Road and Phippen Road. Merita Mitchell, 710 SW 2 Terrace, advised that she had provided a list of complaints of the crime problems encountered in the neighborhood and obtained a Petition with several resident's signatures to close the street at SW 2nd Terrace and SW 11 Avenue. She stated that the Petition was provided to City Manager Pato and that the residents followed the procedure and that BSO had no problem with closing the street. In addition, a fire hydrant was recently installed for Fire Rescue purposes. Ms. Mitchell stated that a week ago some angry men and women, who do not live on the street, stirred up the • neighborhood and that she felt that the action was Personal and Political. She urged the City Commission to close the street to reduce the drug activity and traffic impact on the MINUTES 8 SEPTEMBER 24, 2002 CITY OF DANIA BEACH neighborhood. Ruth Phillips, 705 SW 2�d Terrace, opposed the street closure and mentioned that her name was on the Petition submitted by Merita Mitchell, however, she thought it was to obtain some signage to reduce truck traffic. Charles Williams, 712 SW 2"d Terrace, opposed the street closure and could not understand the statements presented about drug infestation on the street. Mr. Williams also mentioned that he made a mistake when he signed the Petition and that over 85 signatures have signed a new petition opposing the street closure. Earnest Reynolds supported the street closure and stated that people signed the petition to close the street and that drug activity is occurring on the street. Bennie Moultry, 225 SW 11 Avenue, opposed the street closures based on the difficulty and inconvenience that it would cause the residents and children in the community. Reverend Tannie Lewis, 302 NW 8 Avenue, urged the residents to work together. Howard Blackmon, 213 SW 2 Place, opposed the street closure and was of the opinion that there are no drug problems on the street. Ruby Ferguson, supported the street closures to reduce drug crimes, traffic and noise impacts. She presented a letter requesting the closing of streets at SW 11 Avenue and 2"d Terrace. Eugenia George Byrd, 717 SW 2 Terrace, opposed the street closure. She mentioned that the road had been closed for 2 hours on September 13 without any prior notice to the neighborhood and that she received notice on September 16 of the hearing. Mrs. Byrd advised that she was told that children's names were added to the petition presented by Merita Mitchell and she urged the City Commission consider all of the residents. Derrick Henkerson, 746 SW 3 Street, suggested that the street closure issue would be better represented if it were brought before the College Gardens Neighborhood Association. He mentioned his involvement in the FAU Urban Infill Program that many residents are working on to identify community needs within Dania Heights, Sun Gardens and College Gardens areas. Veta Mae Peterman opposed the street closure. Al Jones, 722 SW 3 Street, opposed the street closure and he requested that a focus be directed to BSO to see whether or not fraud or misrepresentation was committed on the Petition that was presented to close the streets. Jeremiah Mitchell, 710 SW 2 Terrace, supported the street closures based on the drug and noise problems that are ongoing on the street and he urged the City Commission to do something about the problems. Hearing no further comments, Mayor Chunn closed the public hearing. MINUTES 9 SEPTEMBER 24, 2002 CITY OF DANIA BEACH Commissioner Bertino stated that the Petitions that have been presented are public . record and that anyone may obtain copies. Commissioner Bertino explained that 21 people who live on the street signed the original Petition and that seven of those people have now spoken in opposition to closing the street, which still leaves 14 people who still want the streets closed. Mayor Chunn pointed out that a Petition was submitted tonight with 85 signatures opposing the street closures and that many of the people also live on the street. He pointed out that he has not observed any drug activity or severe traffic problems on the street. Vice-Mayor Flury stated that she lives on a closed off street and that she does not encounter any problems with sanitation pickup or mail delivery and that street closures provide tremendous beautification benefits to any community. Vice-Mayor Flury stated that Commissioner McElyea has actually captured drug dealing activity on his security cameras from Mac's Towing ongoing on the street. ` Commissioner McElyea mentioned that he would agree with putting up "No Truck Traffic" signs and that there are only six houses on the street and that it is dangerous for trucks to back down the streets. A motion was made by Commissioner Bertino, seconded by Vice-Mayor Flury, to adopt the Resolution closing the streets at SW 2nd Terrace and SW 11th Avenue. The motion failed on the following 2/2 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-no Mayor Chunn-no Commissioner Bertino clarified that the street closure was voted upon and approved at the September 10th meeting and he requested legal clarification on whether or not the issue would revert back to that action that passed on a 4/1 vote. City Attorney Ansbro advised that when he was asked about the matter from City Manager Pato it was not the intention to go against the City Commission's prior actions, however, the public hearing provided citizens living on the street the opportunity to express their desires for or against the street closures. ITEM 7 (CONSENT AGENDA) WAS HEARD AFTER ITEM 9.1. See motion under Item 7.10 continuing Item 9.1 to October 8, 2002. ITEM 9.2 WAS HEARD AFTER ITEM 7.10. 9.2 A RESOLUTION OF THE CITY COMMISSION OF DANIA BEACH, FLORIDA, PROVIDING FOR FINDINGS OF FACT RELATING TO A COMMUNITY REDEVELOPMENT PLAN; ADOPTING A COMMUNITY REDEVELOPMENT PLAN FOR THE COMMUNITY REDEVELOPMENT AREA OF THE CITY OF DANIA BEACH; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of the Resolution. MINUTES 10 SEPTEMBER 24, 2002 CITY OF DANIA BEACH Mayor Chunn opened the public hearing. Shelly Eichner, Calvin, Giordano &Associates, urged the City Commission to include the 22 acres of land north of the Jai Alai, aka/Tomato Patch, to the Local Activity Center land use designation based on the City having more control over the property. At this time, City Manager Pato reported that the County Commission continued the review of the Master Plan update in relation to the extension of the South Runway for another 90 days. Marie York, Aragon Group, supported the recommendation of the CRA Team recommendation to include the Tomato Patch property into the LAC with a restriction of Residential development in order that the City may retain control over the future use of the property. Kevin Guthart, Trafalger Developers, concurred with the prior comments of retaining the Tomato Patch property into the LAC in order to make development decisions that will be good for Dania Beach instead of the County making decisions on the property. Patty Hart presented petitioners from residents in her neighborhood urging the City Commission to retain RS8000 zoning designation for the Tomato Patch property and pointed out that those individuals requesting that the property be placed in the LAC are connected to Dania Jai Alai or are a developer. Hearing no further comments, Mayor Chunn closed the public hearing. Commissioner Bertino confirmed with Mr. Coolman that the RS8000 zoning designation currently in place for the Tomato Patch property allows a developer to build 10 units per acre with building heights of 2 to 3 stories and the County would be involved in the development process. Commissioner Bertino clarified for Patty Hart that should the City include the property into the LAC, the County would not have any jurisdiction over development approvals as the City would retain approval control. However, if the City leaves the property out of the LAC the County would be involved with the development approvals. He stated that the heights of the buildings would depend upon the density and he recommended including the property into the LAC with a residential designation and 2 to 3 story height restrictions. For the benefit of Commissioner Mikes who had attended the earlier County Commission meeting, Mr. Leeds presented an overview of the discussions and actions taken at the prior CRA Board meeting and explained the legal process that will be followed in the CRA Plan submission to Broward County. Mr. Leeds advised that the zoning can always be more restrictive than the land use for property and developers would still have to go through an extensive process for developing the land. City Attorney Ansbro advised that the CRA Team recommends that the City Commission now include the Tomato Patch property into the LAC with a residential use restriction. A motion was made by Commissioner Bertino, seconded by Commissioner Mikes, adopting the Resolution approving the CRA Plan with the inclusion of the Tomato Field • property in the Local Activity Center with a Residential only designation (up to 10 units per acre) with a 2 to 3 story height limit, and changes to Page 29 and Page 49 of the MINUTES 11 SEPTEMBER 24, 2002 CITY OF DANIA BEACH CRA Plan as presented. The motion failed on the following 2/3 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-no Commissioner McElyea-no Mayor Chunn-no Commissioner Mikes-yes A motion was made by Vice-Mayor Flury, seconded by Commissioner McElyea, to adopt the Resolution approving the CRA Plan as presented with the inclusion of the changes to Page 29 and Page 49 of the CRA Plan as follows: (1) Page 29-Transportation and Pedestrian Improvements — There is an opportunity to replace the existing Federal Highway and FEC railroad bridges over the Cut-Off Canal to accommodate additional water navigation and transit along the canal. The construction of a bascule or vertical lift bridge should be considered for the FEC railroad bridge, while an increase in height for the existing Federal Highway bridge may be sufficient. (2) Page 49-Capital Improvement Program: added funded $150,000 for "Feasibility & Funding Study for Bridge Height Increases/Installation of Bascule or Vertical Lift Bridges over Cut-off Canal. The motion passed on the following 4/1 roll call vote: Commissioner Bertino-no Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes 9.3 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO CABLE TELEVISION; EXTENDING THE COMMUNITY CABLE TELEVISION CABLE FRANCHISE, KNOWN LOCALLY AS AT&T BROADBAND; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of the Ordinance for second reading and explained that the Ordinance provides more time for the City to negotiate with AT&T on a new Cable TV Franchise that will cover cable services for the entire City of Dania Beach. Mayor Chunn opened the public hearing. Hearing no one speak in favor or opposition, Mayor Chunn closed the public hearing. A motion by Vice-Mayor Flury to adopt the Ordinance on second reading. The motion died for lack of a second. Attorney Scott Robin, Weiss, Serota, et al, explained that the Ordinance extends the Cable Franchise that expires September 30, 2002, to March 30, 2003 in order to continue negotiations with AT&T on a new Cable Franchise Agreement. Some of the topics of discussion are upgrading the cable system, the amount of money for paying for support, amount of money for construction and performance bonds and the number of cable channels. A motion was made by Commissioner Mikes, seconded by Vice-Mayor Flury, to adopt the Ordinance on Second Reading. The motion passed on the following 4/1 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-no Mayor Chunn-yes MINUTES 12 SEPTEMBER 24, 2002 CITY OF DANIA BEACH Commissioner Mikes-yes 9.4 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO CHAPTER 22 OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED "STREETS AND SIDEWALKS"; AMENDING THE CODE OF ORDINANCES, BY AMENDING SECTION 22-60 OF THE CITY CODE OF ORDINANCES, WHICH SECTION IS ENTITLED "STANDARDS FOR MAINTENANCE AND INSTALLATION", TO PROVIDE FOR A UNIFORM COLOR FOR NEWSRACKS; 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 one speak in favor or opposition, Mayor Chunn closed the public hearing. Commissioner Mikes clarified that the City will interpret the color the same as the adjoining cities for consistency. A motion was made by Commissioner Bertino, seconded by Commissioner Mikes, to adopt the Ordinance on Second Reading. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes City Attorney Ansbro requested clarification with Commissioner Mikes on his intent with for advertising and bench colors in regards to the Bus Bench contract that was approved a few weeks ago. Commissioner Mikes advised that he wanted to reduce the possibility of garish colors on the bus benches by requiring the signage on the bus benches to be green and white with green benches, however, he agreed that the shade of green on the benches did not have to be the same green shade as the newsrack color. Michael Sheridan, Public Works/Utilities Director, requested that Commissioner Mikes clarify the shade of green on the bus benches. Mr. Sheridan confirmed that the standard bus bench green would be acceptable on the benches. (CONTINUED FROM 8/27/02 AND 9/10/02) 9.5 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) TO 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. Patty Varney, Finance Director, confirmed that she had spoken to Marie Jabalee, Plan MINUTES 13 SEPTEMBER 24, 2002 CITY OF DANIA BEACH Administrator, and Attorney Robert Sugarman, and that there is no additional costs to the City to adopt the Ordinance. The reference to the 457 Plan in the Ordinance allows employees to buy back military service upon calculation by the actuary and she confirmed that the employee bares full responsibility and may use money from their 457 plan to buy the service. Mayor Chunn opened the public hearing. Hearing no one speak in favor or opposition, Mayor Chunn closed the public hearing. Commissioner Mikes stated that all pension Ordinances should be checked by the Finance Director before being brought to the City Commission to ensure that no language is included that is not compatible with employee benefits granted during union negotiations or in compliance with State law. A motion was made by Vice-Mayor Flury, seconded by Commissioner Bertino, to adopt the Ordinance on Second Reading. The motion passed on the following 4/0 roll call vote with Mayor Chunn out of the room: Commissioner Bertino-yes Commissioner Mikes-yes Commissioner McElyea-yes Vice-Mayor Flury-yes (Continued from September 10, 2002 and staff is requesting a continuance to October 8, 2002) 9.6 a) 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. (SECOND READING) b) VA-30-02 — A Variance request by Gunster-Yoakley, Attorneys at Law, representing Dania Distribution Centre, Ltd., to provide 19% pervious area (30% required) and to allow generalized landscape variance from Chapter 26 (Vegetation) of the City Code. Vacant property bound by Dania Beach Boulevard on the north, SW 12th Avenue (extended) on the east, the C-10 Canal on the west, and the Stirling-Levy Commerce Park on the south. c) SP-31-02 - A Site Plan request by Gunster-Yoakley, Attorneys at Law, representing Dania Distribution Centre, Ltd., to construct a 220,000 square foot Industrial/Office/Distribution Complex. Property bound by Dania Beach Boulevard on the north, SW 12th Avenue (extended) on the east, the C-10 Canal on the west, and the Stirling-Levy Commerce Park on the south. City Attorney Ansbro read the title of the items. A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, to continue Items 9.6 a, b and c to the October 8th Regular Meeting. The motion passed on MINUTES 14 SEPTEMBER 24, 2002 CITY OF DANIA BEACH - the following 4/0 roll call vote with Mayor Chunn out of the room: Commissioner Bertino-yes Commissioner Mikes-yes Commissioner McElyea-yes Vice-Mayor Flury-yes 9.7 a) VA-14-02 - A variance request from Christopher Cutro, representing UMT Marine, for property located on the west side of Ravenswood Road, north of SW 42nd Street and south of SW 39th Street, to allow generalized landscape variance from Chapter 26 (Vegetation) of the City Code and to construct an industrial/warehouse/showroom building with a five foot rear yard setback (Minimum 10 feet required). A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY CHRISTOPHER CUTRO REPRESENTING ALEKSANDER ZWOLINSKI, OWNER OF UMT MARINE SERVICES, INC., FROM CHAPTER 28 ZONING, ARTICLE 27 (IROM) DISTRICT AND CHAPTER 26 VEGETATION, FOR VACANT PROPERTY LOCATED ON THE WEST SIDE OF RAVENSWOOD ROAD, NORTH OF SW 42 STREET AND SOUTH OF SW 39TH STREET., DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. b) SP-14-02 - A site plan request from Christopher Cutro, representing UMT Marine, for property located on the west side of Ravenswood Road, north of SW 42nd Street and south of SW 39th Street, for the proposed construction of a 7,000 sq. ft. industrial/warehouse/showroom building. • A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY CHRISTOPHER CUTRO, REPRESENTING ALEKSANDER ZWOLINSKI, OWNER OF UMT MARINE SERVICES, INC., FOR PROPERTY LOCATED ON THE WEST SIDE OF RAVENSWOOD ROAD, NORTH OF SW 42 STREET AND SOUTH OF SW 39T" STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of the items. Laurence Leeds, Growth Management Director, explained the location of the project and advised that there is an existing Strangler Fig that cannot be relocated on the site and that the septic drain field has been reconfigured so that the Foxtail Palms are no longer in the drain field. The City's Landscape Consultant is determining the fee that the petitioner would be required to pay to remove the tree and applicant is preserving a number of trees on the site. Mr. Leeds recommended approval of the Variances and Site Plan with the condition that the applicant provide the landscaping dedication fee prior to issuance of the a building permit. Mayor Chunn opened the public hearing. Christopher Cutro explained that Mr. Aleksander Zwolinski desires to move his business to the site because of some problems on his current site and that many improvements have been made to the architectural and landscaping features of the warehouse building. MINUTES, 15 SEPTEMBER 24, 2002 CITY OF DANIA BEACH Commissioner Mikes stressed the importance of pursuing office-warehouse mixed type uses in the City and requested more architectural relief on the height and bands of the building as other cities like Miramar to obtain a better product. Mr. Leeds explained that the applicant has made significant changes to the site and that the project complies with the current IROM Code. Commissioner Mikes suggested adding more awnings on the lower windows and inquired as to how deep the relief on the bands were going around the building. Jeffrey Gross, Architect, pointed out that the buildings mentioned by Commissioner Mikes in Miramar are normally 100,000 square feet with tilt walls on multi-acre sites. Mr. Gross advised that the bands are 6 to 8 inches deep and included on the Site Plan and that the warehouse will have windows, which is unusual.. Mr. Gross agreed to include canopy over two of the windows and that the windows will be used for a showroom and office area. Hearing no further comments, Mayor Chunn closed the public hearing. A motion was made by Commissioner Mikes, seconded by Commissioner McElyea, to adopt the Resolutions (VA-14-02 and SP-14-02) subject to an extra set of canopy awnings being added to match the other two awnings on the windows and a contribution to the City's tree fund as determined by Bill Tesauro, City's Landscape Consultant. 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 (REVISED ITEM 9.8) 9.8 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE TO THE U.S. DEPARTMENT OF JUSTICE, UNDER THE BUREAU OF JUSTICE ASSISTANCE'S (BJA) 2002 LOCAL LAW ENFORCEMENT BLOCK GRANTS (LLEBG) PROGRAM FOR THE AMOUNT OF $55,407.00, WITH MATCHING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND IN THE AMOUNT OF $6,156.00; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING AN EFFECTIVE DATE. City Attorney Ansbro read the Revised title of the Resolution provided in the addendum. Bonnie Temchuk, Assistant to the City Manager and Grants Coordinator, explained that on June 25 2002, the City Commission adopted a Resolution to apply for the 2002 to 2004 Local Law Enforcement Block Grant. The application was for 55,407 with a match from the Law Enforcement Trust Fund in the amount of $6,156 for a total of $61,563. The Department of Justice has set standard requirements prior to approval of the grant funds and the first was to present the grant proposal to the Local Law Enforcement Block Grant Advisory Committee which was approved on September 5, 2002 and the last requirement is to hold a public hearing. Ms. Temchuk explained that the grant budget would be used for building security and renovations, demolition of unsafe 10 structures and the Dania Beach Center for Success Program. MINUTES 16 SEPTEMBER 24, 2002 CITY OF DANIA BEACH Mayor Chunn opened the public hearing. Hearing no one speak in favor or opposition, Mayor Chunn closed the public hearing. Ms. Temchuk explained that the demolition would be used for homes that have been abandoned that were used for crack houses. Commissioner Bertino stressed the importance that the funds be used for someone who is going to build a single family residence and not for a developer for rental properties. Ms. Temchuk advised that the property is liened for the demolition costs. A motion was made by Vice-Mayor Flury, seconded by Commissioner Bertino, to adopt the revised Resolution. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn Commissioner Mikes-yes 9.9 VA-49-02 — A variance request by Pauline Darion, for property located at 218 NW 14th Court, to permit a single family home with the following variances: 1. 84 foot deep lot (minimum 90 feet required) 2. 22 foot X 16 foot driveway (18 foot X 18 foot required) A RESOLUTION OF THE CITY OF DANIA BEACH APPROVING THE VARIANCE REQUEST BY THE BROWARD COUNTY COMMUNITY DEVELOPMENT DIVISION, REPRESENTING HOME OWNER PAULINE DARION FROM CHAPTER 28 ZONING, ARTICLE 4.20 SCHEDULE OF LOT YARD AND BULK REGULATIONS FOR PROPERTY LOCATED AT 218 NW 14T" COURT, DANIA BEACH; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of the Resolution. Laurence Leeds, Growth Management Director, advised that the request to build a single family home was being funded by Broward County on NW 14th Court and that a Variance is being requested for parking and the depth of the lot. Staff is recommending approval of the depth of the lot and denial of the parking variance. Mr. Leeds advised that a minimum of two parking spaces should be provided and that the parking apron is only 16 feet wide and needs to be 18 feet wide. Mr. Leeds stated that there is sufficient room to add the extra two feet of paving for the two parking spaces. Mayor Chunn opened the public hearing. A representative for the family spoke in support. Hearing no further comments, Mayor Chunn closed the public hearing. A motion was made by Vice-Mayor Flury, seconded by Commissioner Bertino, to adopt the Resolution (VA-49-02) subject to two (2) extra feet of paving being added to accommodate two parking spaces. The motion passed on the following 5/0 roll call vote: MINUTES 17 SEPTEMBER 24, 2002 CITY OF DANIA BEACH Commissioner Bertino-yes Vice-Mayor Flury-yes • Commissioner McElyea-yes Mayor Chunn - yes Commissioner Mikes-yes 10. COMMISSION COMMENTS: 10.1 Commissioner Bertino-none 10.2 Commissioner McElyea -none 10.3 Commissioner Mikes advised that there was an outstanding attendance tonight at the Broward County Commission Meeting and that Brenda Chalifour, Special Counsel, did a good job for the City. The County Commission agreed to wait 60 to 90 days deal on reconsideration of the Master Plan review. 10.4 Vice-Mayor Flury advised that Chris Barille, Ravenswood Paint & Body, had submitted a listing of the EMS Assessment fees for Commercial properties from other Broward cities that were significantly lower than Dania Beach. She understood that staff was ensuring that GSG was going to recalculate the commercial charges and that a workshop meeting would be conducted on the matter. City Manager Pato advised that staff was working on the matter and that a meeting would be scheduled in the near future. Vice-Mayor Flury thanked everyone for attending the County Commission meeting on the airport issue tonight. 10.5 Mayor Chunn also thanked everyone for supporting the City at the County Commission meeting tonight and thanked Chief Cowart, BSO, for his assistance in the community. 11. DISCUSSION AND POSSIBLE ACTION: 11.1 Request to waive re-platting requirements in order to vacate an ingress/egress easement for the Richart Plat (PB 150, Page 25). (Staff) Laurence Leeds, Growth Management Director, explained the location of the site and advised that Kevin Guthart purchased the property and has taken over the plans to complete the 58 unit condominium project previously approved for Shamrock Corporation. Mr. Guthart plans to use one driveway next to the veterinarian office. In order to obtain approval from Broward County, he must vacate the old access/easement driveway. The City's Code requires replatting for vacating or amending a plat unless the City waives the requirement. Mr. Leeds advised that replatting is a very expensive process with the County and that staff is recommending approval of the waiver with 50% of local impact fees are paid to the City. The impact fees were estimated at $25,000 to $45,000. A motion was made by Vice-Mayor Flury, seconded by Commissioner Bertino, to waive re-platting requirements in order to vacate an ingress/egress easement for the Richart Plat (PB 150, Page 25) subject to the developer paying $25,000 in local impact fees to be used for park improvements. The motion passed on the following 3/1 roll call vote with Commissioner Mikes being out of the room: Commissioner Bertino-yes Vice-Mayor Flury-yes MINUTES 18 SEPTEMBER 24, 2002 CITY OF DANIA BEACH Commissioner McElyea-no Mayor Chunn-yes 11.2 Request by Chuck Camacho to purchase and restore seawall located adjacent to 141 NE 3rd Street. (Staff) Laurence Leeds, Growth Management Director, indicated that Mr. Camacho's duplex is across the street from a finger canal where he would like to dock his boat at the end of 3rd Street/2nd Avenue. Mr. Camacho does not'own the property and has indicated his desire to purchase the property and restore the seawall. Mr. Leeds advised that most people own the seawall where they dock their boats, however, he mentioned that the City was going to discuss surplus.property issues and procedures at the upcoming workshop meeting on October 10tn Chuck Camacho explained that he lives with his family at the duplex and that they have been there for some three years. Mr. Camacho requested to purchase and restore the seawall that is collapsing and presented pictures showing the dangers to children and the community. Mr. Camacho advised that about three years ago Certified Marine sent out a letter to Mr. Palm to repair the seawall for under $4,000 and now three years later they want $15,000 to repair the seawall. He advised that it was difficult to obtain an appraisal because the seawall is not attached to any property and that A&H Appraisal Services appraised the property at $450 per linier foot or $22,500. A second appraisal came out with $500 per linier foot or almost $25,000 that includes the typical 75% depreciation or $5600 or $6000 of actual worth with the current condition. Mr. Camacho proposed to repair the seawall and put it on his tax rolls and give the City the difference from the original appraisal without the depreciation. Commissioner McElyea advised that the City's right-of-way is on Third Street and that there was approximately 50 feet of seawall and agreed with repairing the seawall, however, he thought the City would have to go out to bid on surplus property. City Attorney Ansbro advised that there are some odd properties and that there is a surplus property process that requires the City to appraise the property, declare it surplus and go out to bid. Mike Burggio, resident, was concerned with putting the property out to bid for fear that anyone could bid on the property and take it away from the adjacent homeowners and use the property for a commercial dock facility. Vice-Mayor Flury agreed that bidding would be a problem and that there would be a dock at the end of the street and not parking provided and that the dock needs to go with the properties in the area. She suggested a 99 year lease for the property owners. Commissioner Mikes expressed concern that the property would be used for boat rentals and there might be parking encouraged at the intersection. City Attorney Ansbro suggested that the City consider the possibility of vacating the street as long as there is no public use needed and that restrictions could be added to the vacation or the City could fix the 50 foot seawall. Commissioner Mikes agreed that the City is responsible for fixing the seawall and was concerned that the City should not give up the access to the finger canal nor should the MINUTES 19 SEPTEMBER 24, 2002 CITY OF DANIA BEACH City rush into giving up the property. • Michael Sheridan, Public Works/Utilities Director, supported Mr. Camaccho's request as long as the City maintains access to the storm drain in the area. Mayor Chunn suggested making a motion to vacate the street as suggested by City Attorney Ansbro and Commissioner Mikes stated that a public hearing would have to be conducted before any public property could be transferred or sold. Vice-Mayor Flury agreed that the City should repair the seawall and then revisit the issue to see if Mr. Camacho would be interested in purchasing the property later on down the road. Discussion followed on the need to inventory the properties and for City Attorney Ansbro to research a legal way to deal with the seawall property City Manager Pato advised that the City Commission is scheduled to discuss surplus properties at the October 10t" workshop meeting in order that the City Commission can provide direction on how staff should proceeds and that Mr. Camaccho's property request was premature. City Manager Pato was asked to obtain an up to date estimate on repairing the seawall and to repair the seawall. 11.3 Discussion of replacing the Sidney Mullikin, Jr. plaque at Mullikin Park. (Commissioner McElyea) Commissioner McElyea advised that a Veteran's Volunteer Organization was trying to locate war monuments in the City and that Mullikin Park was dedicated in the 1950's when Lt. Sid Mullikin was killed in Korea. Commissioner McElyea advised that Lt. Mullikin's grandfather was the first Mayor and that his father ran the City in several positions (City Clerk, Fire Chief, Police Chief and Water Meter Reader) up until 1946. Commissioner McElyea advised that there used to be restroom buildings at Mullkin Park and that the original plaque was mounted on the building, however, when the buildings were removed some years ago the original plaque was removed. If the old plaque cannot be located, Commissioner McElyea recommended that the City install a new plaque or monument in honor of Sidney Mullikin at Mullikin Park. City Manager Pato advised that City staff is in the process of replacing the sign at Mullikin Park and he suggested that there be some recognition for Lt. Mullikin added to the park sign. Commissioner McElyea disagreed with adding anything on a sign and stressed the importance of a nice memorial being provided for a man who gave his life for his country and based on the family history in the City. He advised that Nanci Denny is a distant cousin who is working in City Hall today and that he would pay for a plaque if the original one is not located. The City Commission generally agreed to direct the City Manager to install a permanent plaque similar to the one that was added in recognition of the Nyberg/Swanson House. ITEM 11.5 WAS HEARD AFTER ITEM 11.3. MINUTES 20 SEPTEMBER 24, 2002 CITY OF DANIA BEACH ITEM 11.4 WAS HEARD AFTER ITEM 8.3. • 11.4 Request for motion to approve the purchase of property located at 56 NW 8tn Avenue, adjacent to BSO Substation. (Tim Ryan, Special Counsel) Tim Ryan, Special Counsel, advised that the property is located immediately adjacent and to the south of the 803 NW 1 St Street Substation, and that the property is needed for parking purposes. A contract was negotiated with the seller for an $11,000 all cash purchase; and the property is appraised at $15,000. Funding from the Community Development Block Grant will be used for the acquisition. Attorney Ryan advised that Broward County has provided a letter covering the funding of a $200,000 CDBG, which proceeds will be used for the renovation of the BSO Substation, the acquisition of this property and acquisition of vacant property across the street slated for a community center. Attorney Ryan stated that the City must pay $11,000 for the purchase and approximately $1,560 for property taxes for the year 2002 and that the seller's costs would be approximately $1,000. A motion was made by Vice-Mayor Flury, seconded by Commissioner Bertino, approving the purchase of 56 NW 8t"Avenue. The motion passed on the following 4/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes ITEM 11.5 WAS HEARD AFTER ITEM 11.3 11.5 Discussion of recent elections and problems encountered at Dania Beach precincts. (Commissioner Mikes) Commissioner Mikes mentioned the problems that were encountered with the recent Primary Election on September 10" and inquired as to whether there was anything that the City could do to ensure that the poll workers are trained properly and that precincts are professional operated. City Clerk Johnson reported that the Broward County Supervisor of Elections Office trains the poll workers and schedules them for County Election. The City schedules its own poll workers during municipal elections, however, training is still provided by the Supervisor of Elections. City Clerk Johnson advised that there was a problem with one of the Clerks at CW Thomas Park who did not seem to understand his responsibilities as Clerk. The problem was reported to the Supervisor of Elections Office, however, they advised that there is a process that is followed to ensure that the poll workers understand their responsibilities. City Clerk Johnson advised that the Broward County Municipal Clerks Association has established a committee to work with the Broward County Supervisor of Elections Office to address some of the problems recently experienced in the last election. Vice-Mayor Flury recommended that a BSO representative be present at each Precinct on Election day. Commissioner Mikes mentioned that Broward has received national attention with the recent elections and that the City should do whatever it can to help the Supervisor of Elections Office to make sure these problems are not repeated. He mentioned that his designated poll watchers witnessed problems in past elections at the precinct at CW MINUTES 21 SEPTEMBER 24, 2002 CITY OF DANIA BEACH Thomas Park and that the matter was taken to the State Attorneys Office and a major • process was followed to ensure no wrong doing. Commissioner Bertino suggested that county employees be considered for poll workers during election days as they could receive their county pay and then they would also receive the poll worker pay provided by the Supervisor of Elections Office and the City during municipal elections. City Clerk Johnson agreed to report back as more information is available on dealing with the election problems. 12. APPOINTMENTS: (SEE ITEM 12.3) 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 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. Commissioner McElyea appointed Robert Hemmis, 214 SW 6 Street, to the Dania Economic Development Board. A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, to adopt a resolution appointing Robert Hemmis. 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 22 SEPTEMBER 24, 2002 CITY OF DANIA BEACH 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 BOARD;" PROVIDING THAT SAID MEMBER SHALL COMPLETE A TWO (2) YEAR TERM EXPIRING 12:00 NOON, MARCH 18, 2003; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." 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 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." 13. ADMINISTRATIVE REPORTS: 13.1 City Manager— Meeting Reminder: *September 26, 2002 —6:00 P.M.-Workshop Meeting * September 30, 2002—6:00 P.M.-Audit Presentations City Manager Pato advised that audit interviews would be conducted on September 30tn and that staff is trying to schedule a Workshop Meeting for October 10. Michael Sheridan, Public Works/Utilities Director, advised that he would be providing the City Commissioners with an update on the "No Parking" signs that were installed near Grampa's Bakery. 13.2 City Attorney Ansbro advised that Vice-Mayor Flury needs to replace Michael Nolan on the Planning & Zoning Board. MINUTES 23 SEPTEMBER 24, 2002 CITY OF DANIA BEACH • 13.3 City Clerk Johnson reported that the September 26th Workshop Meeting was cancelled and that a workshop was not possible on October 2nd as City Manager Pato was going to be out of town. In addition, a Special Meeting would follow the Workshop Meeting on September 301h to select the auditing firm. 14. ADJOURNMENT This meeting adjourned at 11:00 p.m. RO ERT F1 HUNN, JR. MA R AT EST: RLENE JO N ON CITY CLERK APPROVED: November 12, 2002 MINUTES 24 SEPTEMBER 24, 2002 CITY OF DANIA BEACH