HomeMy WebLinkAbout1718 - MINUTES - City Commission MINUTES
• DANIA BEACH CITY COMMISSION
REGULAR MEETING
JANUARY 23, 2001
1. CALL TO ORDER:
Mayor McElyea called the meeting to order at 7:35 p.m.
2. INVOCATION AND PLEDGE OF ALLEGIANCE:
* City Manager Michael W. Smith
3. ROLL CALL:
Present:
Mayor: Charles McElyea
Vice-Mayor: John Bertino
Commissioners: Jim Cali
John Etling
Bob Mikes
City Attorney: Tom Ansbro
City Manager: Mike Smith
Deputy City Clerk: Charlene Johnson
04. CITIZENS'COMMENTS:
ADDRESSING THE COMMISSION: COMMENTS BY DANIA BEACH CITIZENS OR INTERESTED PARTIES THAT ARE NOT
PART OF THE REGULAR AGENDA MAY BE MADE DURING EACH COMMISSION MEETING DURING THE PERIOD SET
ASIDE FOR"CITIZEN COMMENTS." A THIRTY(30)MINUTE"CITIZEN COMMENTS"PERIOD SHALL BE DESIGNATED ON
THE AGENDA FOR CITIZENS AND INTERESTED PERSONS TO SPEAK ON MATTERS NOT SCHEDULED ON THAT DAY'S
AGENDA. THE CITIZEN COMMENTS PERIOD SHALL BEGIN PROMPTLY AT 7:30 PM. EACH SPEAKER SHALL BE
LIMITED TO 3 MINUTES FOR HIS OR HER COMMENTS. PERSONS DESIRING TO SPEAK DURING THE CITIZEN
COMMENT PERIOD SHALL INFORM THE CITY CLERK IMMEDIATELY PRIOR TO THE BEGINNING OF THE MEETING OF
THEIR INTENTION TO SPEAK. IF MORE THAN 10 SPEAKERS EXPRESS A DESIRE TO SPEAK,THE COMMISSION SHALL
DETERMINE ON A MEETING BY MEETING BASIS WHETHER TO (A) EXTEND THE TIME ALLOTTED FOR CITIZEN
COMMENTS TO ACCOMMODATE ALL SPEAKERS, OR (B) WHETHER TO LIMIT THE NUMBER OF SPEAKERS OR
AMOUNT OF TIME PER SPEAKER. A SPEAKER'S TIME SHALL NOT BE TRANSFERABLE TO ANOTHER SPEAKER.
4.1 Beulah Lair, resident and Code Enforcement Board member, stressed the need to stop the
freedom of speech law suit filed against the City by John Bruckner and the First Amendment
Foundation since $59,029.26 has been spent so far on legal fees to pursue the case. She urged Mr.
Bruckner to cease further legal actions to reduce expense on taxpayers since the City Commission has
taken action to change the procedure to allow citizens to speak under Citizens' Comments for three (3)
minutes at the beginning of meetings without having to obtain permission from the middle man (City
Manager.)
City Attorney Ansbro advised that there is a Federal and a State case pending with Mr. Bruckner and
the First Amendment Foundation. The Federal Court case was won by the City. However, Mr. Bruckner
and the First Amendment Foundation have filed a Notice of Appeal with the 11t" Circuit Court of Appeal
in Atlanta because they disagree with the judge's ruling. The City can seek attorney fees when the case
is over, however, the Federal statute only allows attorney fees to be pursued if the lawsuit is determined
® to be frivolous. Attorney Ansbro was of the opinion that it would be highly unlikely, under case law, for a
MINUTES REGULAR MEETING
CITY OF DANIA BEACH 1 JANUARY 23, 2001
court to find that the action filed was frivolous because the case has a colorable constitutional
argument, which has been bitterly fought by the First Amendment Foundation and Mr. Bruckner. City
Attorney Ansbro advised that Mr. Bruckner and the First Amendment Foundation continue to litigate
despite the fact that the City changed its public speaking policy.
In response to what citizens can do to stop additional legal expense placed on tax payers, City Manager
Smith recommended that Ms. Lair call Mr. Bruckner to urge him to cease with the lawsuit.
4.2 Gary Garofalo, Chairman of the Dania Economic Development Board, urged the City
Commission to adopt the resolution under Item #7.6 on the agenda. He thanked Jason Nunemaker,
Assistant City Manager, and Karen Lieberman, Assistant City Attorney, for their involvement.
Mr. Garofalo pointed out that many signs in the City have included Dania Beach and urged the City
Manager to install new signs with the name at City Hall and the parks.
4.3 Craig Redielsel, 121 NE 15t .Court, distributed pictures of the crowded area north of the pier
where surfers try to surf. He advised that surfers wait all year for an opportunity to have a few days to
surf and that Dania Beach has two of the best surf breaks in Broward County; one at the north end of
the pier and the other at the south side of the beach. He urged the City Commission to allow surfers to
surf the south side of the pier on days that are cold and windy when there aren't so many swimmers
and advised that the current management at the pier continue to call the police complaining about
surfers. Mr. Redielsel explained that the ocean is a natural resource for all people to use and that a
more severe safety hazard exists when surfers are packed into one small area.
Tom Cook, Educational Director of South Florida Chapter. Surf Rider Foundation, explained that his
• organization is an international group which has encountered surfing problems of this type in other
areas of Florida. The problems have been mitigated with the use of agreements between the surfers,
citizens and fisherman using the beach. The laws in Juno Beach have been written to give Lifeguards
the discretion to allow surfers to use the south or north side of the pier based on the number of surfers,
people swimming and the quality of the waves.
Mr. Redielsel clarified that the surfers are asking that the City allow surfers to use 100 yards at the
south end of the beach on days that are really cold and windy and too unpleasant for swimmers to use
or open up the entire beach if there are no swimmers. The City of Hollywood uses flags to designate
surfing areas and Deerfield Beach encourages surfing and is well known for the East Coast Surfing
Contest. He asked that the City treat surfers like citizens and stop having them arrested like criminals.
For safety purposes, a new Leash Law requires surfers to attach surf boards at their ankles to maintain
control of the board and reduce impact on swimmers.
Commissioner Mikes.advised that the City would be willing to work with the surfers as long as all safety
precautions are considered and sufficient staffing available for supervision.
Mayor McElyea advised that the matter would be reviewed with the City Manager and Glenn Morris,
Marine Safety Officer, and that information would be brought back to the City Commission.
4.4 Clinton F. Hill urged the City Commission to post signs along Stirling Road near 1-95 stating a fine of
$200.00 for littering to discourage the excessive littering coming from the fast-food restaurants in the
area.
•
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CITY OF DANIA BEACH 2 JANUARY 23, 2001
Chief Robert Anton, BSO, advised that the law requires that the actual littering be observed by an
officer before a citation is issued and he agreed that posting signs near fast food restaurants and near
stores would be helpful.
Item 11.3 was heard after Item 4.3.
5. PRESENTATIONS: None.
6. PROCLAMATIONS:
6.1 A proclamation declaring February 2, 2001"CROSSING GUARD APPRECIATION DAY" in
the City of Dania Beach.
City Manager Smith read the proclamation in its entirety.
ITEM PULLED FROM THE CONSENT AGENDA: Commissioner Mikes pulled item 7.4 and Vice-Mayor
Bertino pulled Items 7.5 and 7.6.
7. CONSENT AGENDA (including expenditures):
Bills:
7.1 Approval of bills for the month of November 2000.
Minutes:
7.2 Approval of minutes from the January 9, 2001 Regular Meeting.
7.3 Approval of minutes from the December 19, 2000 Special Meeting. .
Resolutions:
7.7 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE JOINT
PARTICIPATION AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF
TRANSPORTATION, AND THE CITY OF DANIA BEACH, RELATING TO THE CITY'S
PERFORMANCE OF A DRAINAGE STUDY FOR FEDERAL HIGHWAY (US1) FOR THE
CONSTRUCTION OF A DRAINAGE OUTFALL SYSTEM, LOCATED BETWEEN SHERIDAN
STREET (SR822) AND EAST DANIA BEACH BOULEVARD, EAST OF FEDERAL HIGHWAY
(US1), STATE FINANCIAL NO.: 407406/1/34/01; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
Ordinances— Title to be read by city attorney
7.8 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO CHAPTER
19,OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED "PLANNING
AND DEVELOPMENT"; AMENDING THE CODE OF ORDINANCES BY REPEALING ARTICLE
IV ENTITLED "DOWNTOWN REDEVELOPMENT AGENCY", SECTIONS 19-51 THROUGH 19-
56, IN ITS ENTIRETY; PROVIDING .FOR CONFLICTS; PROVIDING FOR SEVERANCE;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (First Reading)
City Attorney Ansbro read the title of the ordinance.
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CITY OF DANIA BEACH 3 JANUARY 23, 2001
A motion was made by Commissioner Cali, seconded by Vice-Mayor Bertino, approving the Consent
Agenda with the exception of items 7.4, 7.5 and 7.6.
The motion passed on the following 5/0 roll call vote:
Commissioner Cali-yes Commissioner Etling-yes
Commissioner Mikes-yes Vice-Mayor Bertino-yes
Mayor McElyea-yes
7.4 Approval of minutes from the June 8, 1999 Regular Meeting.
Commissioner Mikes questioned City Manager Smith on what is being done to catch up on minutes that
are over a year and a half old in the City Clerk Division.
City Manager Smith advised that Action Minutes were completed for most of the regular meetings in
1999 and that Nanci Denny, Purchasing Agent, is working over time to complete full summary minutes
of regular meetings and finish minutes of workshop and special meetings to catch up on 1999 and 2000
meetings. He advised that Deputy Clerk Johnson works at home the day after City Commission
meetings in an effort to finish minutes of current regular meetings and reduce duplication with Action
Minutes.
Mayor McElyea agreed that additional staffing is needed in the City Clerk and Public Works areas and
that additional staffing needs to be addressed because City services will be impacted tremendously by
the increase in population from the newly annexed area brought into the City by referendum vote in
November.
A motion was made by Commissioner Mikes, seconded by Vice-Mayor Bertino, approving the minutes
of June 8, 1999, Regular Meeting.
The motion passed on the following 5/0 roll call vote:
Commissioner Cali-yes Commissioner Etling-yes
Commissioner Mikes-yes Vice-Mayor Bertino-yes
Mayor McElyea-yes
7.5 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, DESIGNATING INSPECTORS
AND CLERKS TO SERVE AS OFFICERS IN THE PRIMARY ELECTION BEING HELD ON
TUESDAY, FEBRUARY 13, 2001, AND GENERAL ELECTION BEING HELD MARCH 13,
2001; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Vice-Mayor Bertino inquired as to whether the poll workers have been rotated as was required by the
City Commission. Deputy Clerk Johnson advised that poll workers have been rotated and that the
Broward County Supervisor of Elections office will not schedule the City's poll workers, as they do for
other cities, because of the City's rotating requirement.
A motion was made by Vice-Mayor Bertino, seconded by Commissioner Etling, adopting the resolution.
The motion passed on the following 5/0 roll call vote:
Commissioner Cali-yes Commissioner Etling-yes
Commissioner Mikes-yes Vice-Mayor Bertino-yes
MINUTES REGULAR MEETING
CITY OF DANIA BEACH 4 JANUARY 23, 2001
Mayor McElyea-yes
is 7.6 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
REPEALING RESOLUTION 78=94, PERTAINING TO THE "DANIA BEACH ECONOMIC
DEVELOPMENT ADVISORY BOARD" AND CREATING THE "DANIA BEACH ECONOMIC
DEVELOPMENT BOARD"; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Vice-Mayor Bertino stressed the need to coordinate the responsibilities of the board with other agencies
like Main Street and the Chamber of Commerce in regards to contacting new businesses to come into
the City.
City Manager Smith agreed that the ordinance needs further review to see how all of the various
components work together with other agencies and to determine whether the board will be able to
contact corporations on behalf of the City. He requested that the ordinance be continued to the next
meeting.
City Attorney Ansbro advised that the Needs Study for the CRA is not going to be completed for another
60 days. He recommended adopting the resolution with the understanding that amendments could be
made in the future and clarified that the board would not be effective until March 31, 2001.
Commissioner Mikes recommended that the board include "Advisory" as part of the name so as not to
misconstrue board authority.
A motion was made by Vice-Mayor Bertino, seconded by Commissioner Etling, continuing the
resolution to the next meeting (February 6, 2001).
The motion passed on the following 4/1 roll call vote:
Commissioner Cali-no Commissioner Etling-yes
Commissioner Mikes-yes Vice-Mayor Bertino-yes
Mayor McElyea-yes
8. BIDS AND REQUESTS FOR PROPOSALS: None.
9. PUBLIC HEARINGS:
9.1 SP-04-01 — Site Plan Review for Modello Community Center and Police Substation to
be located at 803 NW 1st Street, Dania Beach.
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN
REQUEST SUBMITTED BY THE CITY OF DANIA BEACH, FOR PROPERTY LOCATED AT
803 NW 1ST STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
City Manager Smith recommended continuing the site plan request to the next meeting since the site
plan is not available at this time.
A motion was made by Commissioner Cali, seconded by Vice-Mayor Bertino, continuing the resolution
(SP-04-01) to the next meeting (February 6, 2001).
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CITY OF DANIA BEACH 5 JANUARY 23, 2001
MThe motion passed on the following 5/0 roll call vote:
Commissioner Cali-yes Commissioner Etling-yes
Commissioner Mikes-yes Vice-Mayor Bertino-yes
Mayor McElyea-yes
9.2 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA PERTAINING TO CAMPAIGN
FINANCING; LIMITING TO $250.00 CAMPAIGN CONTRIBUTIONS AND EXPENDITURES
GIVEN BY INDIVIDUALS AND POLITICAL COMMITTEES TO CANDIDATES FOR THE
OFFICES OF CITY COMMISSIONERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING)
Commissioner Mikes advised that he sponsored a similar ordinance a few months ago limiting funds to
$200.00. He was of the opinion that the ordinance would level the playing field for new candidates and
reduce the advantage from incumbents.
Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, Mayor
McElyea closed the public hearing.
City Attorney Ansbro explained that the ordinance is prospective in its application and that the effective
date could be March 31, 2001, as it will not impact the current election.
Vice-Mayor Bertino mentioned that the City has grown over the past 25 years since he first became a
candidate and that the newly annexed area will increase the City significantly in size. He mentioned that
major mailings have to be provided to communicate with voters and that campaigns have become very
costly.
Mayor McElyea disagreed with the ordinance and stated that anyone contributing to his candidacy is
supporting good government and not buying votes.
Commissioner Eting pointed out that integrity is the major factor in campaigns and that incumbents do
have an advantage raising money, however, limiting contributions to $250.00 will not necessarily
provide a clearer picture of who is contributing to a candidate's campaign or why.
Commissioner. Mikes commented on his experience over the past 12 years to observe special interest
groups contributing hefty amounts to campaigns in order to receive support on certain business deals
that have not been beneficial to the City.
A motion was made by Commissioner Mikes adopting the ordinance with a start date after the current
election. Commissioner Cali seconded the motion with an amendment to Section 3 to follow Federal
Campaign Election law and ban contributions from business organizations and corporations.
Commissioner Mikes would not accept the amendment as he thought it was illegal according to State
Statute.
City Attorney Ansbro advised that candidates can accept up to $500 under State Law and that he was
of the opinion that a Circuit Court determined a few years ago that it was unlawful to restrict who could
contribute.
• In response to Commissioner Mikes, Vice-Mayor Bertino mentioned that many candidates have
received contributions from businesses and turned around and voted against those persons because
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CITY OF DANIA BEACH 6 JANUARY 23, 2001
they have to vote their conscience. He mentioned that four year universities are a good thing for the
® City and that the tomato field rezoning issue by Dania Jai Alai was never going to pass.
Commissioner Cali made a motion to continue the Ordinance to next meeting in order to provide City
Attorney Ansbro .an opportunity to research the applicable Laws. The motion was seconded by
Commissioner Mikes.
The motion to continue failed on the following 2/3 roll call vote:
Commissioner Cali-yes Commissioner Etling-no
Commissioner Mikes-yes Vice-Mayor Bertino-no
Mayor McElyea-no
A motion was made by Commissioner Mikes to adopt the ordinance on second reading. The motion
failed for lack of a second.
10. COMMISSION COMMENTS:
10.1 Commissioner Cali advised that the C.O.P. (Citizen Observer Patrol) Appreciation Dinner was a
success at Tropical Acres on January 18th. He thanked Chickee Brandimarte and Chief Robert Anton,
BSO, for their involvement as well as the businesses who contributed to the event.
10.2 Commissioner Etling mentioned that the Martin Luther King Parade and services on January
15th went very well and he commended Commissioner Cali for doing a good job as M.C. at the C.O.P.
dinner.
The Red Hot Crew Masquerade Ball last Friday night was very successful and benefited the students at
Dania Elementary as part of the upcoming Fiesta Tropical in Hollywood which will be participating in the
City's Tomato Festival Parade coming in February.
The City University Program was held at City Hall on Saturday and was aimed for the residents from the
newly annexed area. The program helps familiarize residents with how administrative and department
head staff function.
January 24 at 6:30 p.m. — CDBG Program meeting for Modello Park and College Gardens areas.
January 25 Frost Park - A tree planting ceremony will be conducted in honor of Flossie Butrum, who
passed away recently.
January 25—4:00 p.m. — 7:00 p.m. — Holiday Inn at Sheridan Street and 1-95. A Public Hearing meeting
will be held with FDOT (Florida Department of Transportation) to discuss plans for widening Sheridan
Street between Dixie Highway and Federal Highway.
This weekend, the Main Street Revitalization Program and the Antiques Association will be holding a
Antiques Fair at I.T. Parker Community Center as a fundraiser for Dania Beach Main Street.
January 25 -Florida League of Cities Dinner—Mayor Maddox, President of the Florida League of Cities,
will be meeting with some local officials. City Manager Smith had no specific details.
• February 10 —Tomato Festival begins —
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CITY OF DANIA BEACH 7 JANUARY 23, 2001
February 13 — Primary Election — 11 candidates are running and residents were encouraged to vote.
10.3 Commissioner Mikes mentioned that there is a serious lighting problem at the entrance to
Melaleuca Gardens. City Manager Smith agreed to call FPL again to see what they will do to resolve
the lighting problem.
Commissioner Mikes advised that there are a lot of candidates and that staffing must remain
independent. He mentioned that the recent FPL meeting held at the I.T. Parker Center appeared to be
a political event when a campaign worker and an incumbent candidate were wearing name tags and
introduced around the room. He urged the City Manager to invite all candidates to these types of events
in order to be fair to everyone.
City Manager Smith stated that the meeting was not intended to be a political event, but, rather, an
informational meeting for residents being impacted by an FPL neighborhood proposal before the matter
was brought before the Planning & Zoning Board.
10.4 Vice-Mayor Bertino
A motion was made by Commissioner Etling, seconded by Vice-Mayor Bertino, approving the Dania
Lions Club One Ton Tug event at the beach on March 24, 2001, and allowing children free access to
the pier on that day.
The motion passed on the following 5/0 roll call vote:
Commissioner Cali-yes Commissioner Etling-yes
Commissioner Mikes-yes Vice-Mayor Bertino-yes
Mayor McElyea-yes
Vice-Mayor Bertino requested that staff review the newly annexed area to determine if Broward County
CDBG funds could be used for improvements as well as any other areas of the City that might fit the
criteria for the grant funds.
Vice-Mayor Bertino urged the City Attorney to research the possibility of the City receiving impact fees
collected by Broward County a long time-ago for the newly annexed area that were supposed to be
used for improving the area and were never used.
10.5 Mayor McElyea commended the Public Works employees for their efforts to clean up the Public
Works Compound and thanked those responsible for utilizing Broward County prisoners to clean up
City streets.
City Manager Smith advised that a dumpster ordinance should be forthcoming and that he will contact
FPL about the need to repair street lights at 28th Avenue near Tropical Acres.
11. DISCUSSION AND.POSSIBLE ACTION:
11.1 Discussion of the Broward County Swim Central Challenge Grant Application.(Staff)
Randy Wilkinson, Director of Parks & Recreation, advised that the Swim Central Grant was part of the
Broward County Bond issue and that municipalities can apply for a grant to build a new swimming pool
• or renovate an existing swimming pool. One of the criteria of the grant is to locate the pool close to an
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CITY OF DANIA BEACH 8 JANUARY 23, 2001
elementary school. Mr. Wilkinson asked for input from the City Commission on their interest in the
•- grant.
Vice-Mayor Bertino mentioned the need to provide swimming lessons as a safety precaution to save
children's lives even though it is a liability impact on the City.
A motion was made by Vice-Mayor Bertino, seconded by Commissioner Cali, to pursue the grant for
constructing a pool at Patrick J. Meli Park.
The motion passed on the following 5/0 roll call vote:
Commissioner Cali-yes Commissioner Etling-yes
Commissioner Mikes-yes Vice-Mayor Bertino-yes
Mayor McElyea-yes
Mr. Wilkinson was told that Collins Elementary School should be within two miles of Meli Park and that
the City leases the Meli Park (fka/Griffin Park) land from the Broward County School Board.
Commissioner Etling recommended installing a heater for the pool at Charlie Will Thomas Park so that
the children can use the pool year round. Mr. Wilkinson agreed to check funding for the heater.
11.2 Request for Abatement of Code Enforcement lien CEB00-0484 by David Pavilack for property
located at 4696 SW 33rd Avenue, Dania Beach. (Staff)
William Johnson, Chief Code Enforcement Officer, explained the actions relating to the Code
Enforcement lien and advised that the applicants were notified by certified mail to be present at this
meeting.
A motion was made by Commissioner Etling, seconded by Commissioner Mikes, accepting the
recommendation of the Code Enforcement Board to abate the fine to $2,000.00 with the caveat that if
any reoccurrence of this violation occurs within one year of this meeting date that the fine will revert
back to the full amount of $11,600.00 and that the fine be paid within 30 days or the fine reverts back to
the full amount.
The motion passed on the following 3/2 roll call vote:
Commissioner Cali-yes Commissioner Etling-yes
Commissioner Mikes-yes Vice-Mayor Bertino-no
Mayor McElyea-no
Item 11.4 was heard after Item 11.2
Item 11.3 was heard after Item 4.3.
11.3 Status report on revised cost estimates to move the I.T. Parker House and creation of parallel
parking along Dania Beach Boulevard. (Staff)
Mayor McElyea advised that the City needs permission from Clinton F. Hill to move the I.T. Parker
House across Mr. Hill's property from the Hilton Gardens project site.
• Mr. Clinton Hill agreed to provide the City permission to use his property as long as a Hold Harmless
agreement was provided.
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CITY OF DANIA BEACH 9 JANUARY 23, 2001
Vice-Mayor Bertino mentioned discussions in the past about developing a Governmental Campus Area
concept plan in the City Hall area that would involve creating an old downtown Dania Beach with
several historical homes lined up along the eastern side of City Hall and harmonized with the
Nyberg/Swanson House that currently exists. The City will need to review parking, vacation of roads,
and install brick pavers to make the area a tourist attraction and to boost economic development.
City Manager Smith advised that this idea was included in last year's bond proposal and that it could be
a component of the CRA (Community Redevelopment Agency) Plan that is currently being developed.
The cost of moving the I.T. Parker House is the same amount and FPL has indicated that they are
willing to offset some of the utility relocations for the house. In addition, staff has initiated a community
participation program and talked to several telecommunications providers who may lease some City
Property and make a one-time contributing cost as part of the lease terms. Mayor McElyea mentioned
that FEC railroad would need to be contacted.
City Manager Smith advised that some parking area is going to be lost on the northeast side of the City
Hall parking lot when the I.T. Parker House is relocated. He recommended parallel parking along West
Beach between NW 15t Avenue and NW 3rd Avenue so as to have parking on the north and south side
of City Hall.
Commissioner Etling pointed out the need to take into consideration driveways and bus stops and the
possibility of narrowing Dania Beach Boulevard to make it more pedestrian friendly and he suggested
that a Centennial Park be designated in the governmental campus plan. City Manager Smith advised
that property would need to be acquired by the City so that the pedestrian friendly concept can be
blended in one area.
Mayor McElyea suggested looking into purchasing the Walter Scott House located at 2"d and 3 Avenue
near Sheridan Street because FDOT will have to destroy the house when they widen Sheridan Street.
Item 6.1 was heard after Item 11.3
Item 11.4 was heard after Item 11.2
11.4 Discussion of bus bench ads and whether to revise or extend current agreement or issue an
RFP. (Staff)
City Manager Smith advised that the agreements with Eric Nadel, 3N, bus benches and Eller Media for
bus shelters have expired and that staff will negotiate new agreements if the City Commission is
pleased with the products provided by the two vendors. Discussion followed on advertising for an RFP.
A motion was made by Mayor McElyea, after passing the gavel, seconded by Commissioner Cali, to
advertise for an RFP for both services for a three to five year agreement.
The motion passed on the following 5/0 roll call vote:
Commissioner Cali-yes Commissioner Etling-yes
Commissioner Mikes-yes Vice-Mayor Bertino-yes
Mayor McElyea-yes
11.5 Discussion of City representation on County updates of Airport expansion permits and reviews.
(Commissioner Mikes)
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CITY OF DANIA-BEACH 10 JANUARY 23, 2001
Commissioner Mikes mentioned that staff was asked over a year ago to hire a professional consultant
• to handle some updates on the Airport expansion. The public hearing workshop is scheduled for March
13 and 14 for the airport expansion EIS (Environmental Impact Study).
Jay Field, Chairperson for Airport Advisory Board, requested that the City write the Aviation Department
asking them to reschedule the public hearings because they conflict with the City's General Election.
Commissioner Mikes recommended that a letter be sent right away requesting to reschedule the
hearing and that the City advertise the public hearing notice in the Dania Press.
City Attorney Ansbro explained that the draft of EIS statement was expected last summer and then in
the fall and it is still not out because Broward County had a problem with the quality of the produce. He
advised that Attorney Doug Halsey, White & Case, P.A.., has experience in environmental assessment
and impact statements. Until the EIS statement is released there is nothing that can be completed and
the cost for this type of consultant are expensive and the City may want to consider partnering with
another City to reduce costs.
Commissioner Etling agreed that Plantation, Fort Lauderdale, Davie and environmental groups in
unincorporated areas might be willing to cooperate with the City and that the public hearing must be
rescheduled.
A motion was made by Commissioner Etling directing City Attorney Ansbro to send a strong statement
to the Broward County Aviation Department requesting a delay of two weeks for the public hearing.
The motion died for lack of a second.
City Attorney Ansbro agreed to contact Attorney Barbara Hill, Chief Attorney for Broward County and
the Airport, asking for a reschedule of the hearing and if they won't reschedule the hearing then a
resolution urging the hearing to be rescheduled and including support from other cities.
Commissioner Mikes was concerned that hiring a consultant with other cities would create
compromised views because there would be diverse impacts included in one formal written comment.
He recommended that a formal memo come from the City Attorney first on the costs. Commissioner
Mikes advised that the County is also updating the Part 150 and the City will be a part of it whether it
wants to or not.
Vice-Mayor Bertino suggested checking the legal requirements or regulations provided for a time line
that the report has to be completed and that Dania Beach has a diverse impact being imposed with the
expansion of the Airport and that the City should hire its own attorney. He suggested checking to see if
Attorney Earl Gallop could be used since he worked for the City so many years ago.
City Attorney Ansbro agreed to provide resume information on Attorney Halsey and a memo of the
costs to the City Commission.
11.6 Discussion of renaming State Road 84 between 1-95 and the south fork of the New River to
Marina Blvd. (Commissioner Etling)
A motion was,made by Commissioner Etling, seconded by Commissioner Cali, to begin the process by
ordinance for the renaming.
The motion passed on the following 5/0 roll call vote:
MINUTES REGULAR MEETING
CITY OF DANIA BEACH 11 JANUARY 23, 2001
Commissioner Cali-yes Commissioner Etling-yes
• Commissioner Mikes-yes Vice-Mayor Bertino-yes
Mayor McElyea-yes
11.7 Discussion of meeting dates for February and March, 2001 with a suggestion of changing
February 13 to February 6 and canceling the March 13, 2001 regular meeting due to elections. (City
Manager)
A motion was made by Commissioner Cali, seconded by Commissioner Etling, accepting staff
recommendation on rescheduling February 13 to February 6 and canceling the March 13 regular
meeting.
The motion passed on the following 5/0 roll call vote:
Commissioner Cali-yes Commissioner Etling-yes
Commissioner Mikes-yes Vice-Mayor Bertino-yes
Mayor McElyea-yes
12. APPOINTMENTS: (No appointments were submitted)
12.1 Appointment of 1 member to the Airport Advisory Board.
12.2 Appointment by Commission of one (1) Alternate for citizen member to the Civil
Service Board.
12.3 Appointment of 2 members to Human Relations Board.
12.4 Appointment of 1 members to the Marine Advisory Board.
12.5 Appointment of 2 members to the Occupational License Review Advisory Board.
• 12.6 Appointment of 6 members to Parks, Recreation and Community Affairs Advisory
Board.
13. ADMINISTRATIVE REPORTS:
13.1 City Manager Smith advised that on Friday the Annexation Sub Committee, chaired by
Representative Ryan, voted unanimously to recommend the City's annexation bill for the Riverlands
area in tact as one voting block to the Legislative Delegation. The election would be held in November
2002 and there was no additional areas added. There is another meeting of the Legislative Delegation
on January 31 at Coconut Creek.
City Manager Smith advised that the City will be submitting a member request to Senator Geller and
Representative Ryan asked that they sponsor the initiation of a feasibility study on raising the bridge at
US #1 and Dania Cut-Off Canal. He asked that the City Commission allow him to move forward with
the request and advised that a resolution from the City Commission endorsing the project may be
needed in the future. .
Commissioner Mikes inquired as to how City Manager Smith was going to deal with the railroad. Mr.
Smith advised that the feasibility study would provide information on the railroad involvement and that
there has been some congressional support and endorsement from the Marine Industries Association of
South Florida about the project.
City Manager Smith advised that Mayor Maddox from the City of Tallahassee, who is currently the
President of the Broward League of Cities, is going to be at the league dinner on Thursday night at
Sheraton Hotel in Dania Beach.
MINUTES REGULAR MEETING
CITY OF DANIA BEACH 12 JANUARY 23, 2001
Code Enforcement cited several cars that were illegally parked at the Adirondack Trailer Park.
13.2 City Attorney Ansbro presented a draft Telecommunications Rights-of-way Ordinance from
Attorney Gary Resnick that will supercede the emergency ordinance adopted January 9th as it applies
only to the telecommunications industry. A workshop meeting needs to be scheduled with industry
representatives and the City is required to adhere to strict advertising requirements for the ordinance.
Vice-Mayor Bertino inquired as to whether telecommunication companies are obtaining permits from the
City to install fiber optic lines in the City's rights-of-ways and has the City reserved certain rights-of-
ways for future City use. City Attorney Ansbro advised that the emergency ordinance covers the
requirements. City Manager Smith advised that the Growth Management Department processes the
application paper work and that the review and approval of the lines is provided by Bud Palm, Public
Works/Utilities Director.
City Manager Smith agreed to schedule a workshop meeting with the City Commission and industry
representatives.
City Attorney Ansbro requested to hold an attorney client session on February 6th for the Konschnik
litigation relating to the Flo Mar Dry Cleaners property and reported that John Bruckner and the First
Amendment Foundation have filed an appeal on the recent Federal case.
14. ADJOURNMENT
This meeting adjourned at 10:15 p.m.
MAYOR-COMMI IONER
ACTING CI Y CLERK
Respectfully submitted by Charlene Johnson
Deputy City Clerk
•
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CITY OF DANIA BEACH 13 JANUARY 23, 2001