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HomeMy WebLinkAbout1722 - MINUTES - City Commission MINUTES DANIA BEACH CITY COMMISSION MARCH 27, 2001 1. Mayor Pat Flury called the meeting to order at approximately 7:34 p.m. 2. Father Anthony Thomasulo, Church of the Resurrection, gave the invocation. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Present were: Mayor Pat Flury Vice-Mayor Robert Chunn Commissioner John Bertino Commissioner Charles McElyea Commissioner Bob Mikes City Attorney Thomas Ansbro City Manager Michael Smith Acting City Clerk Sheryl Chapman 4. CITIZEN COMMENTS: Mr. Anthony L. Moultry, 220 SW 11th Avenue, Dania Beach, presented indicated that the sidewalks in his area had been repaired approximately one year ago and that his sidewalk was scheduled to be repaired, but it still has not been repaired. He presented photographs to the Commission showing a break in the sidewalk. He also complained that"they"were at his residence last evening and put some sod in, but in doing so removed his sprinkler system and did • not replace it. Commissioner Bertino asked if he had shared this with the City Manager. Mr. Moultry indicated that he had not. Commissioner McElyea indicated that Mr. Moultrie had spoken to him, and that he had spoken to Public Works. 5. PRESENTATIONS: 5.1 There being no further citizen comments, Mayor Flury called Rick Seay, President of Dania Beach Main Street, to the podium. Mr Seay introduced Carol Christ-Moral and Dick Lehman, Co-Chairs of the promotions committee. Mr. Lehman is also Secretary. The Main Street Program recognizes the City of Dania Beach's very positive and beneficial endeavors to relocate and restore the historic I.T. Parker House. The Main Street Program wants the community to know that they very strongly support the Commission in its effort to achieve this unique opportunity for historic preservation in our City. Accordingly, Dania Beach Main Street is very proud and pleased to present to the City of Dania Beach a check in the amount of$2,000.00 to help in the success of this project and for the benefit of the community's residents, businesses, and visitors. Mr. Seay commented on the help and support that the City and its Commission have provided to Main Street stated that they intend to continue to be partners with the City in the future as they work for the benefit of this very unique and historic City. Mayor Flury thanked Mr. Seay and the members of Main Street. Commissioner Bertino stated that it was a pleasure to see what a group can do when they get together and they work really hard. He commented that moving this building would certainly benefit the City and Main Street. He stated that Main Street deserved a round of applause. 5.2 Fire Chief Ken Land explained the 911 call that had been received by the Hollywood dispatcher wherein the caller stated that his friend was attempting to commit suicide by closing himself in the garage with the vehicle running. This would create carbon monoxide poisoning and rapid death. Dispatcher Christina Turner, Hollywood Fire MINUTES 1 MARCH 27, 2001 REGULAR MEETING Dispatch, took the call. The victim's friend did not know the address of the victim, but was able to give Christina a general description of the location. The dispatcher kept the friend on the line and passed on all information she could extract to Dania Beach units. It was surmised that the location was in Oakridge. Our units responded and requested assistance from BSO who sent Deputy Rick Cooper. The Deputy and our Firefighter/Paramedics spread out on foot and began to listen at garage doors. Shortly, a vehicle was heard running and entry was made. The victim was removed and life was saved. Chief Land stated that without the teamwork and tenacity of these organizations, this incident would have had a terrible ending. Chief Land commended Hollywood Fire Dispatcher Christina Turner, BSO Deputy Rick Cooper, Lt. Chris Chandler, Firefighter/Paramedics Harrigan, Jones, Quigley, Rudbeck, and Engineer/Operator Sieb of Dania Beach Fire/Rescue. Battalion Chief passed the commendations to the individuals. Chief Land also recognized Chief Randy Burrows and his assistant, Chief Joe Rohan,who took time tonight to give support to their dispatcher. Mayor Flury thanked Fire Department staff for all that they do for Dania Beach every day. 5.3 Chief Robert Anton presented Deputy of the Month awards to Sgt. Robert Furman and Deputy Daniel Miller. On February 16, 2001, Deputy Miller found a suspicious vehicle parked at a local business and proceeded to question the individual who was leaving the business. Through his astute observations and tenacious police work, he prevented a crime from occurring. A plaque was presented to Deputy Miller. Chief Anton commended Detective Robert Furman for his exemplary performance during recent weeks. After a meeting with the Florida Highway Patrol regarding the beating of a Florida Highway Patrol trooper and theft of his vehicle by the suspect, Detective Furman developed an array of leads and associates of the suspect. The information developed by Detective Furman led to the arrest of the suspect and resulted in obtaining a full confession. Plaques recognizing their achievements were presented to both Sgt. Furman and Deputy Miller. 6. PROCLAMATIONS 6.1 City Manager Smith read the proclamation declaring April 1, 2001, "April Pools Day" i In the City of Dania Beach. 7. CONSENT AGENDA (including expenditures) Mayor Flury asked whether there were any items to be pulled from the Consent Agenda. Commissioner McElyea stated that he would like to accept the resignation of Mike Smith. Commissioner McElyea stated that he would like the letter read into the record and would like to move that it be accepted as read. Commissioner McElyea stated that City Manager Smith had done an exceptional job in his opinion, but that he wanted to move on to bigger and better things. City Manager Smith stated that it had become clear that political winds shift in an organization, and he thinks that political winds have shifted in Dania Beach. He said this is not something that he is anxious to do, but he recognizes that the time has come. In order not to put our organization or this City through any undue strife, he offered his involuntary resignation with several conditions that are listed in the letter. The City Manager recognized the right of the Commission to choose a City Manager and to have one that is part of their particular team. Mr. Smith stated that he was very proud to have served this City. He has worked for the City since 1984, initially starting as the Director of Personnel and Community Development. In 1995 he was promoted to City Manager. City Manager Smith stated that our track record has been one of accomplishment including significant improvements in the infrastructure of the City. Economic development efforts have paid off leaving us in the best fiscal condition we have ever experienced. We have built a customer-focused organization. MINUTES 2 MARCH 27, 2001 REGULAR MEETING We have developed some core values that any organization could be proud of. We have enhanced public safety which is very important to the people and the well-being of our community. We have improved just about every City facility within the community. This past fall we conducted a very successful annexation effort which increased our tax base and our population by more than 25%. We did that in competition with a much larger city that had considerably more resources than we did. We have undertaken a real effort in the redevelopment of this City through our Main Street Program and the CDBG program. We have started the process toward creating a CRA for our downtown and have participated in other state planning programs which have moved our City and set the stage for a very successful second century which is rapidly approaching. We have completed a lot of improvements through the acquisition of a record number of grants, unsurpassed by any prior administration. City Manager Smith thanked the members of his staff. He stated, "They are tremendous. Without their hard work, we couldn't have done it." Commissioner Mikes seconded Commissioner McElyea's motion for discussion. Mayor Flury noted that no lights were on. She stated that the Commission needed to look at the terms and decide whether they wanted to accept the resignation based on these terms. City Attorney Ansbro suggested that the audience be acquainted with the proposal. The Mayor asked the City Attorney to read the letter for the record. With City Manager Smith's approval, City Attorney Ansbro read the (attached) letter. Mayor Flury thanked City Manager Smith for his years of service. She asked whether the City had a paid leave and pension program and whether the City Manager was vested in that program and had a payout from the program coming. Commissioner McElyea stated that he could understand Mr. Smith's position. He stated that they should probably take out the City Attorney and the City Engineer and clean up the whole City with one shot. Vice-Mayor Chunn stated that that was a great idea. Vice-Mayor Chunn stated that he was not trying to start a fight, but that some of the allegations that he has made are not true and honorable. He said that he took an oath to serve the citizens of Dania, and there have been a lot of occasions where the City Manager hasn't been doing his job and a lot of complaints across the board about City management. Vice-Mayor Chunn told the City Manager that the reason he was there was that the Manager hasn't been doing his job. He said that he spoke to someone out west who said that he had been to see the Manager several years ago and he never came back because of the way the Manager had treated them. He said that a lot of people talk about not getting responses when they call. He said City Manager Smith should go out like a man. Mayor Flury recognized Commissioner Mikes who stated that the City Commission has to have a City Manager they can feel comfortable with and have a particular kind of relationship with. He stated that there may be a difference of opinion as to the appropriate compensation level. He further stated that they had a change in elections in Oakland Park and they had a very similar package for the outgoing City Manager there. You've got to have a City Manager you're going to be comfortable with in the issues you are going to be working on in future years. Typically, the turnover rate for City Managers is 5 to 6 years. It is a high-risk environment because you are dealing with a lot of tough issues right at the top level. Dania has not had a rapid turnover rate. We have a different make-up now. We are going to have different priorities, and I think all of us who walked the streets in the election know that there was a high level of dissatisfaction with City Hall response to issues. They just felt that they weren't getting the response from this City Hall that they expected. Commissioner Mikes reiterated that the only point of discussion is the benefits package. Mayor Flury stated that given the fact that there were no comments, the Commission must not be in favor of this package or someone would make a motion to approve it. Mayor Flury stated that she thought that health and dental for Mike's family is critical and that she would be receptive to moving that to a year unless he found employment prior to that time and perhaps a three-month severance in addition to his laptop. City Manager Smith stated that six months is not an uncommon severance package in his profession. The City Manager of Oakland Park received a similar package, and she had only served that community for 4 years. City Manager Smith has MINUTES 3 MARCH 27, 2001 REGULAR MEETING worked for the City of Dania Beach for 17 years, and he reiterated that the package he has submitted is a reasonable one. He asked that the Commission approve the package as requested. Commissioner Mikes stated that there was a motion on the floor and a second. Commissioner Bertino stated that traditionally in administration City Managers serve 3, 4 or 5 years and then move on—not because there is anything particularly wrong with the City Manager or that there is anything particularly wrong with the City, but they just grow apart. Sometimes their objectives aren't quite the same, and it is a mutually beneficial situation for both the City Manager and the City. In light of the number of years that Mike has put in with the City, Commissioner Bertino stated that he does not believe that the requested package was unreasonable. Commissioner McElyea stated that Hallandale has had their City Manager for 17 years. Mayor Flury called for the vote which was 5/0 to approve the resignation as submitted. City Manager Smith thanked the Commission for the opportunity to serve them and the City of Dania Beach. He left the dias at this time. Commissioner McElyea said that at a future meeting he would make a motion to replace the City Attorney as well as the City Engineer and he believed that they had gotten Mike into a lot of trouble. Mayor Flury asked if there were any other issues to be addressed under this subject. There being none, she asked whether any items were to be removed from the consent agenda. Commissioner Mikes moved approval of the consent agenda. Commissioner Bertino seconded the motion. Consent agenda was approved on a 5/0 roll call vote. City Attorney Ansbro read item 7.9 into the record. 7.9 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE "UMT PARCEL" PLAT, SUCH PROPERTY BEING LOCATED IN THE CITY OF DANIA BEACH 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 "UMT PLAT"; PROVIDING FOR SEVERABILITY; FURTHER PROVIDING FOR AN EFFECTIVE DATE. (First Reading) Commissioner Mikes moved and Commissioner Bertino seconded approval of the Ordinance. The motion passed on a 5/0 roll call vote. 8. BIDS AND REQUESTS FOR PROPOSALS 8.1 Staff recommendation on awarding bid for engineering services for 26'h Year Community Development Block Grant Program. Item 8.1 was heard after Item 9.1. City Attorney Ansbro read the resolution title as follows: A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ACCEPTING THE BID PROPOSAL FROM CRAVEN THOMPSON AND ASSOCIATES, INC. FOR ENGINEERING CONSULTING SERVICES RELATING TO THE SOUTHWEST NEIGHBORHOOD BEAUTIFICATION (PHASE V) IMPROVEMENTS, UNDER THE 26T" YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM; AUTHORIZING THE PROPER CITY OFFICIALS, SUBJECT TO CERTAIN TERMS AND CONDITIONS, TO EXECUTE AN AGREEMENT WITH CRAVEN THOMPSON AND ASSOCIATES FOR SERVICES NOT TO EXCEED THIRTY-NINE THOUSAND FIVE HUNDRED SIXTY MINUTES 4 MARCH 27, 2001 REGULAR MEETING FOUR DOLLARS AND 20/100 ($39,564.20); PROVIDING FOR CONFLICTS; FURTHER, • PROVIDING FOR AN EFFECTIVE DATE. Mayor Flury asked for comments from the Acting City Manager. Jason Nunemaker noted that Craven Thompson and Associates had been selected because of their current work on the 251h Year CDBG. He stated that in the past we have a substantial problems with Community Development Block Grant programs. The engineers are one of the most essential services. If they mess it up, there is a domino effect. Then we have to deal with the contractors and if the contractors don't pay diligent attention to what the engineers have done, it can be a mess. Craven Thompson has gone to great lengths to ensure we have a solid design, so Mr. Nunemaker recommended continuing their services due to their performance on the 25th Year CDBG. Commissioner Bertino moved the recommendation for Item 8.1. Commissioner Mikes seconded the motion. Mayor Flury asked if there were further discussion. There being none, she called for the vote. The motion passed on a 5/0 roll call vote. Commissioner Bertino apologized for interrupting and stated that it would probably be appropriate to appoint someone to be the Acting City Manager because we need that to operate properly. Mayor Flury agreed. City Attorney Ansbro stated that the Charter does have a provision that in the absence of a City Manager, the Commission may appoint someone similarly qualified to act as a City Manager and they would be given the title Acting City Manager. Mayor Flury stated that we have an Assistant City Manager and it would seem logical that he should step in on a temporary basis. Commissioner Mikes moved to appoint the Assistant City Manager as Acting City Manager. The motion was seconded by Vice-Mayor Chunn and approved on the following 4/1 roll call vote: Commissioner Bertino—Yes Commissioner McElyea—No Commissioner Mikes—Yes Vice-Mayor Chunn—Yes Mayor Flury—Yes Commissioner Bertino asked for clarification regarding the salary and benefits package to be given to the Acting City Manager. Commissioner Mikes asked what the City Attorney thought might be appropriate in this matter. He stated that we will have to do a search which would take two or three months and that he does not have a problem in compensating the Acting City Manager at whatever the appropriate rate is for a City Manager for these two or three months. The City Attorney stated that the Commission has the power to set the compensation for the Acting City Manager in any respect they choose. Commissioner Mikes stated that it would mean additional responsibility and additional time and hours and that perhaps Jason would like to comment. Jason Nunemaker respectfully requested that his salary and benefits be set at the former City Manager's level. He anticipates that in addition to his current job, this will be quite an additional load. He has no problem perform this on an interim basis. Commissioner Mikes moved and Commissioner Bertino seconded a motion to approve the existing City Manager salary level for the Acting City Manager with the understanding that this is on an interim basis until such time as the Commission obtains someone with the skills and experience level that they desire. Jason Nunemaker asked whether the Commission would like to obtain the services of a firm or whether they would like the Director of Personnel to take charge of this search. Commissioner Mikes commented that they had previously used the services of the ICMA and they also advertised in the League of Cities national and local publications. He MINUTES 5 MARCH 27, 2001 REGULAR MEETING stated that one of the first tasks of the Acting City Manager would be to develop a hiring procedure. He assumed that we would be doing a broad search in order to get the skill level that we need and to set a new level of professionalism in the City. He believes we will have to pay more money and he is willing to support that to get the skill level. Mayor Flury stated that there is a motion on the floor to compensate Jason comparable to the prior City Manager. Commissioner Bertino requested clarification as to whether Commissioner Mikes motion included all types of compensation. Commissioner Mikes stated that he would expect Jason to have the same expenses and other compensation that the former City Manager had. Commissioner Bertino stated that that was his understanding and that his seconding of the motion stood. The motion passed on the following 4/1 roll call vote: Commissioner Bertino—Yes Commissioner McElyea— No Commissioner Mikes—Yes Vice-Mayor Chunn—Yes Mayor Flury—Yes Commissioner Bertino requested that a workshop be held in a timely manner so that we could figure out whether we would increase compensation and exactly what the Commission would be looking for. He stated that there is a myriad of questions that should be answered at a workshop meeting. Mayor Flury asked Acting City Manager Jason Nunemaker to schedule the workshop meeting fairly soon. Commissioner McElyea asked whether, upon hiring the new City Manager, Jason would go back to his original position or would be terminated. Commissioner Bertino stated that it would be up to the new City Manager. Jason stated that he would take his chances with the new City Manager. Commissioner McElyea stated that they had wasted money on searches before and come right back in town several times. Mayor Flury stated that she would like to skip to 11.2 and 11.3 at this time and those items were heard at this point. PUBLIC HEARINGS: Mayor Flury returned to Public Hearings and item 9.1 which was read by the City Attorney. 9.1 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 22 OF THE CITY CODE OF ORDINANCES TO ESTABLISH REGULATIONS CONCERNING THE USE OF PUBLIC RIGHTS-OF-WAY FOR COMMUNICATIONS FACILITIES; PROVIDING DEFINITIONS; PROVIDING FOR REGISTRATION AND PERMIT PROCEDURES; PROVIDING CONDITIONS FOR PLACEMENT AND MAINTENANCE OF COMMUNICATIONS FACILITIES IN RIGHTS- OF-WAY; PROVIDING FOR INSURANCE AND INDEMNIFICATION; PROVIDING PENALTIES FOR VIOLATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CITY CODE; AND PROVIDING FOR AN EFFECTIVE DATE. (Continued Second Reading from 2/27/01) City Attorney Ansbro stated that Peter Lichtman from his office could provide clarification and some people from the industry were also present who could address this. Mayor Flury called for a summary from Mr. Lichtman before opening the public hearing. Mr. Lichtman explained that this was the second reading of this Ordinance and that he had prepared a summary of the changes between the first and second readings which could be found in their agenda packets. Attorney Lichtman asked whether the Commission would like for him to review the summary of changes or whether they would like to hear MINUTES 6 MARCH 27, 2001 REGULAR MEETING from the industry representatives first. Commissioners Bertino and Mikes stated that they • would like to hear from the industry representative. Attorney Lichtman requested that the Commission refer to the highlighted version in their packets. Commissioner Bertino stated that there is highlighted, there is highlighted and underlined, and there is highlighted and struck out. Attorney Lichtman stated that everything that is highlighted is simply the change between first reading and second reading. The underlined is new language. The language that is stricken through is language that is being deleted. The reason for highlighting is to show that there was a change. Commissioner Bertino clarified that both the highlighted and the underlined are new language since the first draft that has not been officially adopted in any manner or means. Attorney Lichtman stated that Commissioner Bertino was correct. Attorney Lichtman asked the Commission to turn to page 3 of the Ordinance where language was added to number 8 on that page which indicates"to the extent permitted by applicable law." This was formality requested by industry representatives. Attorney Lichtman stated that he and Gary Resnick from Weiss, Serota., Helfman had met with industry representatives from Bell South and other communication service providers who had expressed various concerns in their view of the Ordinance. This was something we had agreed to do. It is almost inherent but we agreed to the language because there is no reason not to have it. We subsequently had conference calls with other members of the industry to further review this and make sure that most of what they agreed to or believed was put into this Ordinance. Commissioner Mikes felt that this language may need to be inserted in a few other sections as well. He is concerned that some of this is new law. There will be decided by court cases. If we take too lenient a position because current law says that we have to and we get a court case, without that language in there we can't take advantage of it without going back and changing the Ordinance. Commissioner Mikes would like to take a more aggressive stand, particularly in the liability section. He would like to insert this language in there because if there is a court case that says the City is not liable because of something, we sure want that protection immediately. Attorney Lichtman asked that Commioner Mikes • bring this to his attention when we get to those points because an amendment can always be done by a motion. Commissioner Bertino stated that every once in a while a State statute would indicate the fact that we have law on the books that would apply to subdivisions of the state (of which the City is one), and there is an implied or sometimes even a mandated acceptance by that subdivision. In some instances, though they are rare, you can opt out of State statutes. He asked whether this particular phrase would preclude us from opting out of State statute. Attorney Lichtman explained that"to the extent permitted by applicable law" meant"to the extent that it is legal." We are not really opting out because there is no opting out of this statute. It is applicable to all local governments. Commissioner Bertino asked whether this was construed as being all applicable law. Attorney Lichtman stated that the way this is construed and the way it is intended to be construed is simply "to legalities end," in other words, to the point that we can do it where law permits. If law does not permit us to do something, we will not be doing it. Commissioner Bertino asked whether if law permits it and we choose to opt out of it, but we are not aware of out options at a particular time, does that preclude us from exercising an option? Attorney Lichtman stated that it does not. Commissioner Mikes stated that it was really the opposite, and Attorney Lichtman concurred. Attorney Lichtman stated that the next change was on page 4 of the Ordinance. Commissioner Mikes asked whether in paragraph 10 on public rights-of-way which talks about bridges, streets, tunnels and whatever, it says it extends to the area above and below. He asked how we make sure that we don' give anyone the right to drop fiberoptic cables under a bridge and obstruct traffic heights whether it be marine or vehicle traffic. If they have the rights above and below, how do we make sure we have language in there that they cannot obstruct transportation in terms of height. For example, consider the US1 bridge across the Dania Canal--what if some fiberoptic company came along and dropped a cable two feet under the bridge which would start obstructing marine traffic. According to this, it's legal. Attorney Lichtman stated that the Ordinance refers to the surface, the area above the surface, and the area under the surface as being public rights-of-way. So, in MINUTES 7 MARCH 27, 2001 REGULAR MEETING other words, we can regulate it. We can permit or chose not to issue a permit for a • communication services provider to install facilities in those particular areas. So, for example, if it is two feet underneath a bridge, they still must register, they still must be permitted by the City to install. Commissioner Mikes asked whether there should be some language in this document to require that every effort be made so that no transportation corrider—whether marine or surface transportation—is restricted by the installation of these. Attorney Lichtman stated that that is addressed further in the Ordinance with regard to placement of the facilities within the rights-of-way. It does address that and specifically talks about obstructing public rights-of-way. Since we consider these areas to be public rights-of-way, it would cover that. It is also a violation of State law to obstruct the public rights-of-way. Commissioner Mikes said that he understood that but felt that it wouldn't hurt to have a little redundant language in there somewhere because he has never seen so many things get thrown at our departments so quick as all these fiberoptic installations. He is afraid we are going to have some problems. Attorney Lichtman stated that he is certainly open to some language changes if the Commission would like to make a suggestion, perhaps we could discuss it in order to have that safeguard. He stated that he believes that legally it is not necessary, however, he does understand the Commissioner's concern. Commissioner Mikes stated that we should keep going and that he would come up with something. Attorney Lichtman called attention to page 4, number 10, the term "park"was removed from public rights-of-way. He stated that this actually benefits the City in that communication service providers could not have access to parks without further approval so we don't consider them public rights-of-way. On page 5, the requirement in Section 22-72(3)(f)was changed such that if the communication service provider must provide proof of authority to do business in Florida as is required, we now allow that proof to be satisfied by providing "the number of the corporate certification or by other means" as opposed to requiring providing "the number of the corporate certification AND as well as, for example, offering this corporate certificate as well as proof of incorporation from this • State of Florida. This gives other ways that they can offer proof of certification which may be simply by prior permits or other types of things. On page 7 a number of changes were made. Commissioner Bertino, referring back section (0, inquired as to the language. Attorney Lichtman explained that in the previous version, in order to prove authority to do business in the State of Florida, a communications services provider had to present both the corporate certification as well as other proof such as their bank accounts or locations of their facilities where they do business. Now we are saying that the corporation certification is enough, and legally, it should be enough. On page 7 in Chapter 22-73(4), again we added language"and to the extent not prohibited by applicable law" at the industry's request. Again, we are protecting ourselves, saying, basically, that as long as it's not illegal we can do it. Again, we did this to assuage any industry concerns that perhaps it was overbroad or far reaching. In subsection 5 on page 7, we changed the language a bit because, as we have explained in prior meetings, the Federal Telecommunications Act which is codified in Section 253 of the U.S. Code specifically says that we cannot require communications services providers to install their facilities underground unless, of course, all like facilities in that area are also underground. Florida law does not permit it as well. Therefore, we had to basically soften the language, changing it so that it is not made a requirement but still recommending and asking the communications services provider to at least attempt to place the services underground as it is our desire that these facilities be placed underground. So, we have removed "unless prevented by available technology or the physical characteristics of the location." We've added that we'd still like them to endeavor as long as it is"to the extent not inconsistent with Public Service Commission regulations." The PSC regulates this area, and, therefore, their regulations truly govern and they, at this time, do not allow for us to require those facilities to be underground. Commissioner Bertino asked which facilities this referred to. Attorney Lichtman responded that this meant which facility a communications services provider would want to install. We are not allowed to demand it be underground. We can certainly suggest and make it worth their while, but we cannot MINUTES 8 MARCH 27, 2001 REGULAR MEETING require it. Commissioner Bertino asked why we should even make reference to that in this Ordinance. He would just as soon leave it out. Attorney Lichtman explained that the reason reference is made to it is that we did not want the PSC or the industry to be concerned that what we were trying to do is circumvent those regulations. We do not have to have it in. It is really at the Commission's discretion. Commissioner Bertino stated that he would rather omit it. If it is law, we have to follow the law and there is absolutely no way around it, then the industry could get a court injunction to make us follow that particular law. Attorney Lichtman asked whether Commissioner Bertino wanted to take out the additional language they had inserted which was"to the extent not inconsistent with Public Service Commission regulations." Commissioner Bertino stated that we what we are saying is that we want everything to be underground. Attorney Lichtman reiterated that by law we cannot require everything to be underground. We can suggest that they put it underground, but we cannot require it. Commissioner Bertino inquired as to our liability exposure with regard to the sentence that reads, "The City may require the use of trenchless technology (i.e., directional bore method) for the installation of Facilities in the Public Rights-of-Way as well as joint trenching or the co-location of Facilities in existing conduit." If we require companies to co-locate and one of their wires burns out the other, does this place us in a libelous situation? Attorney Lichtman replied that we cannot require it. We have worded it that we may require it. In the instances where we do require it, we will have to take several factors into account whether or not additional agreements would be needed. If that is the case, then the industry would have to agree to do this type of installation. If they didn't, but we found that we could justify it, they would be at their peril if they wanted to install and install within our Public Rights-of- Way. Commissioner Bertino reiterated that he believes we do have the right to require joint trenching or co-location. He thinks it is a good idea, but wonders if we are leaving ourselves open to a libelous situation if we say we require co-habitation (sic) of conduit and one line would happen to interfere with another line. Attorney Lichtman stated that we are not libel for that. In fact, the next sentence states that the registrant shall be liable for damage and so forth. The only thing the City has liability for is its wanton or willful acts and its negligence and that comes in the indemnification clause. On page 9, section 22-73.17 are simple almost scribner changes that make it easier for the City to use the Ordinance as well as for the industry to come into proper compliance. In particular, the registrant may now provide"either as-builts" as opposed to"and as-builts upon completion of any installation or construction." Section 22-73.18 replaces"shall" with "may" with regard to a Registrant agreeing to allow City Facilities to be co-located with Registrant's Facilities within the City's Rights-of-Way through the use of joint trenching. Again, pursuant to Federal law, we can't mandate that they do this, so we had to change it to"may." In section 19, we have added "subject to applicable law." Attorney Lichtman asked Commissioner Mikes to please mention it if there were instances where he would like that additional language so that Attorney Lichtman could make the note. On page 11, Section 22-77.3, we found out that the industry was concerned that if a Registrant lost their registration or if it were terminated, that their ownership would simply end. That basically left a bunch of fiber optic cables conceivably sitting in the ground with nobody using them, so we provided for and acceptable plan for transferring the ownership of the communication facilities to another person in accordance with this Ordinance. It basically gives a little leeway for both the industry as well as the City so we don't have our Rights- of-Way filled with fiber optic cables that aren't being used that are abandoned. Commissioner Mikes asked where this document gives the City some leverage as far as routes of installation in terms of where we have an overabundance of second and third- party use of our rights-of-way to the point where we are marginalized on our own use. Where is there language that says they need to consider an alternative route? Attorney Lichtman replied that the language is in the section that deals specifically with placement of Facilities, which begins on page 6, Section 22-73. We have not made any changes to that section. That section clearly gives the City the full authority to determine where Facilities are placed. When it comes to tracking down where within the Public Right-of- MINUTES 9 MARCH 27, 2001 REGULAR MEETING Way each of these Facilities is placed, that is going to end up being something that is a business decision by the City as to how many Facilities it wants to allow in a certain area, where it want to allow those Facilities, and how it wants to regulate it. This gives us the full power to determine that. As long as we are treating all Facilities in an equal way, we are within our rights. Commissioner Mikes stated that we had discussed that some of these decisions ought to be made by the City Commission. He does not like the "appropriate City official" language because people sometimes think an Occupational License gives approval to put up an FPL plant or something like that. Attorney Lichtman clarified that the reason the language"appropriate City official"was used was that it was not really clear exactly who would oversee this—whether it would be Public Works, the City Engineer, or whether these are decisions that would go before the City Manager. That is why direction is needed from the Commission as to how they would like it handled. Since, at this point, there wasn't a determination as to who makes these decisions, the language is somewhat broad to allow for"an appropriate City official" to make these decisions. Commissioner Mikes suggested that"as designated by the City Manager" be added. Attorney Lichtman concurred and asked whether Commissioner Mikes were referring to a particular instance that he would like to have changed. Commissioner Mikes pointed out page 7, paragraph 5, but stated that this could be handled in the Definitions section by adding "appropriate City official as designated by the City Manager." Attorney Lichtman stated that they would make an amendment creating a new number one defining "appropriate City official" as "that City official designated by the City Manager to perform a designated function." Jason Nunemaker asked that Bud Palm discuss location of the Facilities. Commissioner Bertino stated that he wanted to hear Bud, too, but that he has additional questions regarding the Ordinance on subsection 3, page 11. It says, "In the event of a vote by the City Commission to terminate the Registration..." What would precipitate the vote to terminate Registration? Attorney Lichtman provided the following example. If you were riding down Dania Beach Boulevard where a Registrant had a permit to install fiber optic cable and there was a large hole in the middle of the street and traffic was being tied up and you knew that the City would not have permitted the construction to occur at that particular time or in that particular place, that would certainly be a violation of the permit that the City issued. As a result, that is enough reason for the City to determine that the Registrant is in violation of its registration and that the permit should be suspended and their registration should be terminated. Commissioner Bertino asked whether the phrase "provide an acceptable plan for transferring ownership of the Communication Facilities to another person" encouraged the company in violation to simply start another corporation and to transfer the Facilities to their new corporation. Attorney Lichtman stated that we should add "a plan acceptable to the City Commission for transferring ownership." Commissioner Bertino agreed and stated that he just wanted to be sure that we didn't just make a very convenient tool for large corporations to start additional corporations for the purpose of transferring their assets so they could just continue what they were doing. Commissioner Bertino wants to make sure that can't happen. Attorney Lichtman stated that the other safeguard that we have is that we don't have to issue a registration at that point. If we feel a company is trying to get around the law, we certainly have the protection in the new Ordinance to deny the permit at that point. Attorney Lichtman stated that if we change it to"provide a plan deemed acceptable by the City Commission for transferring ownership" that would be sufficient. Commissioner Bertino agreed. On page 13, Attorney Lichtman pointed out an additional change made to bring our Ordinance in compliance with Florida law. In the Indemnification portion of the Ordinance (Section 22-80), we had not included the fact that a Registrant's obligation in holding the City harmless does "not extend to any damages caused solely by the negligence, gross negligence or wanton or willful acts of the City." That is simply consistent with State law. There is no way we can enforce an indemnification provision without it. Commissioner • Mikes asked why we needed to say that. Attorney Lichtman replied that if we don't, this MINUTES 10 MARCH 27, 2001 REGULAR MEETING entire provision would be invalid. Commissioner Mikes asked why you couldn't say it under"Severability" or"Conflicts" instead of putting it specifically under"Indemnification." Commissioner Mikes stated that this is like waving a flag that says, "Shoot at us" or something. Attorney Lichtman stated that this is always in Indemnification clauses, and, "if anything, we sort of wave the flag by not having it in there." Commissioner Mikes said that he did not see what this does for us. Attorney Lichtman stated that what this does do for us is that if this section were deemed severable or deemed unenforceable by perhaps a court of competent jurisdiction and they threw out this particular section since it is severable from the rest of the Ordinance, we would suddenly be without any Indemnification clause and then we would have no hold harmless protection. Here we are providing for something that is pursuant to State law, and we are protecting the legality of this provision. Commissioner Mikes asked why we could not, after that statement, add the words, "to the extent permitted by applicable law." Attorney Lichtman stated that that would be fine. Commissioner Mikes stated that what the State legislature did to the cities is just outrageous with regard to this whole document. We have almost no control and yet we have liability like crazy. Attorney Lichtman said that he did not disagree. On page 14, Attorney Lichtman pointed out that there were changes made to the construction bond requirements, basically alleviating some of the mandates that we had put on ourselves. The City may find that there are situations where we don't believe a construction bond is required, so we are now giving ourselves the discretion to require it when we would like it as long as we are being reasonable in whatever action we take. Section 22-81.1 now gives the City discretion as to whether it chooses to require that construction bond. It also, in subsection 3, requires that the City shall release the bond within ten (10) days of being asked to do so by the Registrant as long as the Registrant makes the request no less than twelve (12) months after completion of the construction and satisfaction of all obligations under the bond. Commissioner Mikes referred back to the use of Right-of-Way over, under, or whatever, on page 3 under definition 6. He asked that some additional language be inserted to say "without obstructing or limiting use of such Right-of-Way." Attorney Lichtman agreed to add this language. Attorney Lichtman suggested that while the Commission listened to industry comments, he could work up some language and then prior to a decision by the Commission, he could offer some amendments for adoption at that time. Commissioner Bertino referred to page 14, section 1. He felt that this provision could open a Commission to charges because some companies may be required to post and bond and others may not. He would like to see this changed back to the way it was originally written so that there is no discretion. Everybody does it. That way there is no legal loophole or wiggle room. Attorney Lichtman stated that he tends to agree with Commissioner Bertino. First of all, there is nothing wrong with requiring a bond. The reason we did that was because, after talking with the industry, there was a point made that some of their installations would not have such costs that it really would require a construction bond. Maybe it is a deminimus or small amount of construction that is being done and to go through the process of obtaining and posting a contruction bond, they felt, would be cumbersome. It made sense because we still left ourselves the discretion as to when to decide that we needed the construction bond. If the Commissioner wants to make it"shall," that's fine because it just offers more protection for us. Commissioner Mikes asked whether$25,000 were enough for some of these projects. Attorney Lichtman stated that the$25,000 goes to the security fund which is different from the construction bond. You will always have the $25,000 security fund. The construction bond can be any amount that we set relative to the value of whatever the construction MINUTES 11 MARCH 27, 2001 REGULAR MEETING would be. If the Commission wants to increase the security fund, some municipalities are to requiring $25,000 and some are requiring $50,000. The amount is really up to the Commission. Commissioner Mikes and Commissioner McElyea concurred that the security fund should be $50,000. Mayor Flury called for any comments from Public Works and Utilities Director, Bud Palm. Mr. Palm stated that his only comments were that this Ordinance would be a real pain. It is going to be very time consuming until everything is set up and in place. Some of the problems we are still having is that companies come in a damage things and say that it wasn't marked. The reason it wasn't marked was that they just dug up the sidewalk that had the mark on it, so here we are fighting them to get the money we laid out to make these repairs. Commissioners Bertino and McElyea stated that that's what we have the bond for. Attorney Lichtman stated that we have the performance bond as well as the security fund to protect the City from just such circumstances or situations where they do have a permit to conduct work but have to tear up a sidewalk or the like. Mr. Palm stated that he did not know whether that was in place with the companies that were just in the City doing the work. Attorney Lichtman stated that right now we have the emergency Ordinance 2001-004 that was passed and still applied to communication service providers until this Ordinance is adopted. At that point, the old Ordinance deals with everybody but communication service providers, and this Ordinance governs fiber optic networks. Commissioner Bertino asked whether the old Ordinance had a bond. Attorney Lichtman stated that it did. Commissioner Bertino asked Mr. Palm whether he was comfortable with setting up a grid system and building out particular sectors of that grid system to a purveyor of communications to use. He asked whether Mr. Palm were in agreement with that. Mr. Palm stated that he definitely agreed. Commissioner Bertino stated that he wanted to make sure that Bud was aware that we have the right to set aside sectors of a grid in the Right-of-Way for public use. He reiterated that we are fully within our rights to set aside for our use. Attorney Lichtman concurred. Commissioner • Bertino stated that we wanted to make a steadfast that one sector would be held in abeyance for a gray water line because gray water lines have to come and ought to come. When they do we are going to need a sector in that grid to run gray water lines in our municipality. Commissioner Bertino stated that he assumed that this sector would be in a choice spot—a spot at the top of the grid so that it is easiest for us to install it and it is easiest for us to maintain. Commissioner Bertino stated that another sector of the grid would have to be set aside for stormwater removal. He reiterated that we are within our rights totally under the law to set aside these sectors. Attorney Lichtman agreed that we are within our rights to do this. Mayor Flury opened the Public Hearing and called for comments from the public. Hearing none and seeing none, she returned this to the Commission. Commissioner Bertino asked Attorney Lichtman whether if a purveyor came in and wanted to install a fiber optic line and was given permission to do so under a particular sector of the system by the Director of Public Works and Utilities, if that purveyor found a blockage within the assigned sector of the grid—say an old sewer pipe or a grip from another purveyor—then that purveyor would have to come back to us and say it is blocked. We would then certify the blockage of that particular corridor. We could then introduce that into our plans to say the blockage was there, and then we could just give them another corridor. Commissioner Bertino requested clarification as to whether that was the way it would work. Attorney Lichtman stated that we could do that or we could require the company that is doing the installation to somehow compensate for that blockage for the other utility. Commissioner Bertino stated that he understands that we could not charge a fee to do the engineering to set up the grid, but we can tell them to use a different sector anytime they run into a blockage—so, in essence, we get the engineering done one way or the other. Attorney Lichtman stated that that was correct. MINUTES 12 MARCH 27, 2001 REGULAR MEETING Mayor Flury asked whether the Commission was prepared to go forward with this Ordinance. Attorney Lichtman stated that he could read the proposed amendments and then if the Commission wants to entertain a motion. Commissioner Mikes and Commissioner Bertino discussed whether they wanted to wait for the final draft. Attorney Lichtman stated that this could be tabled, and he could have the amendments completed by the next meeting. Commissioner Mikes clarified that in the mean time, we would still be protected by the other Ordinance. Attorney Lichtman stated that Commissioner Mikes was correct. Commissioner Mikes moved to continue Item 9.1 to the next regular meeting of the Commission. Commissioner McElyea seconded the motion which passed on a 5/0 roll call vote. Commissioner McElyea requested that the Commission return to Item 8.1 which was heard at this time. Mayor Flury noted that Item 9.2 would be continued to the April 24`d meeting at Larry Leeds' request. Mr. Leeds stated that the applicant had requested a continuance to April 24�d. Commissioner Bertino moved to continue Item 9.2 to April 24rd, 2001. Commissioner McElyea seconded the motion which passed on a 5/0 roll call vote. Mayor Flury requested that the City Attorney read Item 9.3. City Attorney Ansbro read 9.3 as follows: A RESOLUTION PERTAINING TO THE SUBJECT OF COMPREHENSIVE PLANNING; APPROVING A PROPOSED EAR BASED AMENDMENT TO THE CITY OF DANIA BEACH COMPREHENSIVE PLAN RELATING TO THE ADOPTION OF A TRANSPORTATION ELEMENT FOR THE CITY OF DANIA BEACH; AUTHORIZING THE TRANSMITTAL OF SUCH AMENDMENT TO THE APPROPRIATE GOVERNMENTAL AGENCIES; REQUESTING INTERGOVERNMENTAL REVIEW OF SUCH PROPOSED COMPREHENSIVE PLAN AMENDMENT; AUTHORIZING THE DIRECTOR OF GROWTH MANAGEMENT TO PROCESS SUCH PROPOSED PLAN AMENDMENTS; AND PROVIDING AN EFFECTIVE DATE THEREFOR. Growth Management Director Laurence Leeds explained that this is the first Public Hearing, transmittal Public Hearing, for this element that is a portion of the Comprehensive Plan that is mandated by State statute. Hughes Hall & Associates, transportation consultants, prepared this particular document. Mr. Leeds stated that he had made a number of changes, underlined and stricken through, for purposes of clarification and also to ensure that the plan does not make any promises that are financially unfeasible. The Planning and Zoning Advisory Board recommended approval of the document with the strike-throughs and underlines, but they also requested one additional policy stating that the City shall work with Florida DOT, the Broward County MPO, the Army Corp of Engineers, the South Florida Water Management District, and other related county, state and federal agencies towards improving and expanding the boat carrying capacity (height, width, and safety) of the Dania Cut-off Canal as it goes under the Florida East Coast Railroad and U.S.1/Federal Highway. Mayor Flury stated that she has just one comment on the document. She is disappointed that they acknowledge the bike path on Dania Beach Boulevard as a bona fide bike path. She stated that that is a torture trail. She stated that this document should contain some comment to indicate that this is not a functioning bike path. She said that they go to great lengths in the document to talk about the value of bicycle paths throughout the County and give us elaborate statistics about how when you put bicycles on the buses, traffic is MINUTES 13 MARCH 27, 2001 REGULAR MEETING reduced. If we had a functioning bike path on Dania Beach Boulevard, we could probably reduce the Sunday traffic there significantly. She stated that she would like to see the document make some reference to the fact that it is a non-functioning bike path. Mr. Leeds stated that, with the approval of the Mayor, he would like to add a new policy or objective that talks about the City working with State and federal agencies and also the City of Hollywood towards improving this bike path so it is a usable, safe facility. The Mayor concurred with this plan. Commissioner Mikes stated that this is really an extremely important document because it sets the criteria for future development in the City of Dania Beach and sets our intent and goals and basically, the State and federal government and everyone who would coordinate with this City on road projects, development projects, and whatever. It just can't be overstated how important this is. He stated that we just got through an election and always this Fifth Avenue thing comes up. People say, well, it has disappeared. It's not on the comprehensive plan. People don't really realize why it was put there. Basically, that entity that wants it the most is the City of Hollywood. As they redevelop with a higher intensity their beachfront areas, they believe they need that north-south artery through Dania. We changed when the Comprehensive Plan came through here about two years ago, I made a suggestion that we add a linear park along Fifth Avenue that took up most of the Right-of-Way. We haven't enabled it yet, but at least it was put into the Comprehensive Plan. Commissioner Mikes believes there needs to be a goal and a paragraph specifically on Fifth Avenue. The intent of the City to develop its use of the right-of-way in conjunction with the stormwater plan. He believes we can tie that in with some of the environmental goals of the County and the State with the Parks system and have some really strong language in this document. The other item that needs to be reviewed—there are two pages on the airport and airport-related impacts to our City. He agrees with almost all the changes Larry has made, but he would like to see those two pages on the airport that state how we interact with the airport be reviewed by our special attorney that is involved in the EIS to make sure that we don't say anything that compromises us. If we need to add something in there that we add it on a timely basis because this only comes up every number of years. We won't see this again for quite a length of time, so it is very appropriate that we make sure those two areas are put in there correctly—the airport interaction with the City and a specific paragraph or goal on Fifth Avenue—to make it real clear to the planning agencies outside this City what our intent is. Mr. Leeds stated that he could draft a specific objective or policy for Fifth Avenue stating that it is to be used for a passive park, stormwater retention, and other conservation- related uses. Commissioner Mikes stated that he does not believe that there is any major time issue pending. He thinks that we could continue this after the Public Hearing to the next meeting so that the changes could be made and brought back. Mr. Leeds asked Attorney Ansbro whether counsel would be able to look at it before the next meeting on April 10. City Attorney Ansbro stated that the airport counsel wanted to make a presentation to the Commission about the consultant's reports. Commission Mikes stated that it is important to take advantage of those people who are on our retainer right now. City Attorney Ansbro agreed and stated that they would get this to the special counsel and have them report at the April 10th meeting. Commissioner Bertino stated that years ago he was the one who worked to get the bicycle paths on Dania Beach Boulevard. What happened was that they were going to install bicycle paths, but then there wasn't enough room for separation from the edge of the highway to where the bicycle path would ordinarily be off the highway to meet safety regulations and standards that were in place at the time. So we got them to widen the shoulder. By widening the shoulder, we could use them as a bicycle path. It is very, very inadequate, but it is something. The problem along Dania Beach Boulevard was that MINUTES 14 MARCH 27, 2001 REGULAR MEETING problem of the distance from the road so that you could have a safe bicycle path. If you remember, we have that automobile guard going all along that road. Consequently, we can't get far enough off the road. Commissioner Bertino stated that we need to address the fact that if you don't have the area for bicycle paths, maybe there is some other way they could be installed. Mr. Leeds indicated that we could add a policy that references alternatives to conventional bicycle paths such as bike lanes which is what Commissioner Bertino is referring to. Commissioner Bertino stated that we should really have a bicycle path that goes from the ocean all the way to 441 after we get the annexed area in and that bicycle paths should completely connect this entire City. He stated that we will have a lot of areas where we just don't have the right-of-way, so we are going to have to have some alternatives. The Mayor stated that the document refers to the area along East Dania Beach Boulevard as a bicycle path, so even that is a misnomer. Commissioner Bertino stated that they made us take down our signs. Commissioner Mikes stated that that had created a liability. Commissioner McElyea stated that the biggest problem out there was Austrailian pine roots. You cannot ride because of them. Mayor Flury opened the Public Hearing for comments. Hearing none and seeing none, she returned the item to the Commission. Commissioner Mikes moved to continue this until the next regular City Commission meeting at which time Laurence will have recommendations from our special attorneys on the airport section, and he will also make the changes we discussed with an element for Fifth Avenue and dealing with the bicycle paths. Commissioner Bertino seconded the motion which then passed on a 5/0 roll call vote. City Attorney Ansbro stated that the remaining items, 9.4 through 9.8, were quasi-judicial hearings. The City Attorney administered the oath to all those who intended to speak on these items. 9.4 VA-02-01 Variance request by Kevin and Tracey Letize for property located at 219 SE 8th Street. Request is for a reduction of the rear setback requirement from 15 feet to approximately 2 feet for an existing screen porch enclosure and fence. A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY KEVIN & TRACY LETIZE FROM CHAPTER 28 ZONING, SCHEDULE OF LOT, YARD, AND BULK REQUIREMENTS FOR PROPERTY LOCATED AT 219 SE 8T" STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Growth Management Director Laurence Leeds explained that this property is zoned single family residential. It is a single family home surrounded by other single-family homes. The applicant began instruction of a screen enclosure that is attached to the house. The alley setback is 15 feet. The applicant came in voluntarily and applied for the variance in order to be able to finish the construction of this screened enclosure. When it is completed, it will be just about two feet from the property line. There are at least three other instances in this particular alley where screened enclosures or accessory structures are located right up to the alley. Mr. Letize understands that because he is building over a utility easement he has to obtain waivers from the various utilities, and he has agreed to do that. The Planning and Zoning Board, after a Public Hearing, recommended approval of the variance. Commissioner Bertino asked whether MINUTES 15 MARCH 27, 2001 REGULAR MEETING this was built without a building permit. Mr. Leeds stated that it was and when one of our inspectors notified Mr. Letize that he needed a permit, he (Mr. Letize) came in and applied for a variance. He cannot get the permit unless the variance is granted. If the variance is not granted he will be required to take the screen enclosure down. Kevin Letize explained that they are new to Dania. They had looked for houses for years and finally found one on Southeast 8th Street. Mr. Letize explained that he had done a lot of work on the house. He explained that except for a discrepancy with one neighbor they enjoyed and got along with everyone in the neighborhood. Mrs. Tracy Letize said that they would like to have an opportunity to respond after any comments from the public. Mayor Flury opened the Public Hearing. Mr. Archie Ryan residing with his family at 224 SE 8t Street which is directly across the street from the applicant's residence. Mr. Ryan stated that he was the first person to purchase a home on SE 8th Street. He bought it from the developer. The home that was purchased by the Letizes had been allowed to deteriorate badly. Prior to the time they came in, there was a problem with rats and opossoms. Mr. Letize came in and spent quite a bit of time and money in correcting the problems. Mr. Ryan stated that Mr. Letize had been a benefit to the neighborhood and he felt that the Commission should approve the variance request. Mr. John Burgess, 249 SE 7th Street, Dania Beach, commented that he owns the home directly behind Mr. and Mrs. Letize and has lived there for 17 years. Mr. Burgess stated that Mr. Dubisky, Dania Code Enforcement Officer, told him that no building permit had been issued for 219 SE 8th Street. Mr. Burgess stated that he has copies of a BSO query regarding many complaints and disturbances on various times and dates regarding 291 SE 8th Street. On December 19, 2000, a Notice to Appear was issued by BSO to Mr. Letize regarding disturbance. Mr. Burgess thanked the Commission for listening to his concerns. Mr. Hal Richards purchased a home on the corner of SE 8th Street and 3rd Avenue. He has lived there for 12 years. Mr. Richards stated that what Kevin has done has enhanced the neighborhood. Mr. Richards stated that if more neighbors would do the same things Kevin has done, property values would improve. The Mayor asked whether anyone else wanted to speak on this issue. Hearing none and seeing none, she returned the item to the Commission for discussion. Commissioner Bertino asked whether utilities were presently using the easement. Laurence Leeds stated that the Letizes had to obtain waivers from each of the easement holders giving up their interest. If the variance is approved and he does not get the releases, he has to take the structure down. Commissioner Bertino asked whether there were other structures over the easement in that neighborhood. Mr. Leeds stated that there were. Mr. Letize stated that he does have all the releases from the easement holders. Commissioner Bertino asked who built the porch. Mr. Letize stated that there was a slab there when he bought the house and that he and a couple of friends who worked in construction had built the enclosure. Commissioner Mikes stated that certainly Mr. Letize's friends who worked in construction knew that you had to pull a permit. Mr. Letize stated that after they finished the room, they had installed a fence to try to give some privacy to their back neighbor. When that wasn't enough, he doubled the fence and put up a row of shrubs. This variance is for the porch and the fence as well. MINUTES 16 MARCH 27, 2001 REGULAR MEETING Commissioner Mikes stated that he hopes we don't encourage any more of these. Commissioner McElyea asked whether there was something that could be done about the cost of these types of variances. Mr. Leeds explained that the minimum cost to the City for this was $410. Another $90 was added for staff time. Commissioner McElyea stated that he just wanted Mr. Leeds to explain to people watching on television what the costs were to discourage other people from doing the same thing. Commissioner Bertino clarified that the Letizes would be paying a fine on this. Mr. Leeds explained that they would have to pay a double fee for their building permit. Commissioner Bertino stated that this should discourage people from trying to "slide by." Commissioner Bertino asked that the Mayor reopen the Public Hearing for a citizen who came in late. Mayor Flury reopened the Public Hearing and asked that the person come forward. Janet Morales, 215 SE 8th Street, stated that she lives directly next door to Kevin and Tracy Letize. The screened enclosure is closest to her house and she has not had any problems with noise. She stated that the Letizes had been an asset to their neighborhood. Dr. Wes Churchill stated that he was confused as to what the law is. He said that it seems to him that it really doesn't matter whether this house is the Taj Mahal. If the law is that you have to have a permit to add onto a structure, then why can some people have friends over and build an addition onto the house but my neighbor has to have a permit. If he gets caught, shouldn't he have to tear down the structure he had built. Commissioner Bertino explained that there were provisions in the law for granting variances and that is what the Letizes are now doing. If the variance is approved, he has to pay a double fine, have the structure inspected, and build it to code. So, what is being done is following the law 100%. Commissioner McElyea moved approval of Item 9.4. Commissioner Bertino seconded the motion. Mayor Flury stated that she wanted to be sure there were no further comments before closing the Public Hearing. Mr. John Burgess returned to the podium. He stated that the structure comes too far out. It acts like a megaphone and the noise is very disturbing to him. Commissioner Bertino stated that he thought that a fence had been installed. Mr. Burgess said that that did not stop the noise. Commissioner Mikes asked whether they could put in a requirement that they panel the side next to this gentleman. Mayor Flury closed the Public Hearing again and referred to the question to Laurence Leeds. Mr. Leeds stated that even if there is a sound baffle on the inside of the fence, there is no guarantee that this noise is going to be reduced to a level that will satisfy the neighbor. Commissioner Mikes asked whether a portion of the screen enclosure that faces this neighbor could be enclosed with opaque material. Mr. Leeds stated that that could be required as a condition. Commissioner McElyea made a motion to approve the variance with the conditions outlined by Commissioner Mikes. Commissioner Bertino seconded the motion. • MINUTES 17 MARCH 27, 2001 REGULAR MEETING Mr. Leeds reiterated the conditions which were: (1) Installation of hedge or some appropriate plant material, and (2) Installation of sound reducing materials affixed to the screened enclosure. Commissioner McElyea pointed out that there is only a 13-foot difference in what was there before the enclosure was built and what is there now. Effectively that could make no difference in the noise level. The motion passed on a 5/0 roll call vote. 9.5 VA-02-01 —Variance request by Brian Jahoda for property located on the south side of 9th Street between SW 4th Avenue and SW 2"d Avenue in the Woodhaven Subdivision, Lot 5, Block 2, Dana Beach. A RESOLUTION OF THE CITY OF DANIA BEACH APPROVING THE VARIANCE REQUEST SUBMITTED BY BRYAN JAHODA FROM CHAPTER 28 ZONING, SCHEDULE OF LOT, YARD, AND BULK REQUIREMENTS, FOR VACANT PROPERTY LOCATED ON THE SOUTH SIDE OF SW 9T" STREET BEWEEN SW 4T" AVENUE AND SW 2ND AVENUE, IN THE WOODHAVEN SUBDIVISION LOT 5 BLOCK 2, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE. Mr. Leeds explained that this property is a vacant lot located on the south side of 9th Street between 4th Avenue and 2"d Avenue. It is directly north of the cemetery. It is a 48- foot wide lot. There is a house on either side of it. The code requires a minimum 50 foot lot. The applicant is building a single-family home. The Planning and Zoning Board recommended approval. The Mayor opened the Public Hearing and asked that anyone wishing to speak come forward. Neil Aronson, Aronson and Associates Architecture, stated that he was retained by Brian Jahoda to produce a set of construction documents for this particular piece of property. Besides the fact that the lot is unbuildable based on the zoning code, we did maintain all setback requirements. There was one other issue with the air conditioning unit being on the side of the house encroaching a little further into the set back. At the Planning and Zoning meeting we decided that we would move that to the back of the house to alleviate that part of the issue. Mr. Aronson stated that they were trying to do everything they could to stay within our Code requirements, but the lot just wasn't big enough. Hearing and seeing no further requests to comment, the Mayor closed the Public Hearing. Commissioner Bertino asked whether this were a single family home going on a duplex lot. Mr. Leeds stated that this was true. Commissioner Bertino stated that we have been trying to do all along. Mr. Leeds stated that no objections had been registered with the City. Commissioner Bertino moved approval. Commissioner McElyea seconded the motion which passed on the following roll call vote: Commissioner Bertino—Yes Commissioner McElyea—Yes Commissioner Mikes—Absent Vice-Mayor Chunn—Yes Mayor Flury—Yes MINUTES 18 MARCH 27, 2001 REGULAR MEETING 9.6 VA-60-00—Variance request by Attorney Steve Hoffman, representing Bryan Road LLC,for property located at the NE Corner of Bryan Road and NW 1st Street, Dania Beach. Request is to allow construction of a Dry Stack Marina building with several variances. A RESOLUTION OF THE CITY OF DANIA BEACH APPROVING THE VARIANCE REQUEST SUBMITTED BY ATTORNEY STEVE HOFFMAN, REPRESENTATIVE FOR BRYAN ROAD LLC FROM CHAPTER 28 ZONING, CHAPTER 26 VEGETATION AND ARTICLE II, OF THE ZONING APPENDIX, FOR PROPERTY LOCATED AT THE NE CORNER OF BRYAN ROAD AND NW 1ST STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Item 9.7 was heard at the same time as follows: 9.7 SP-61-00—Site Plan request by Attorney Steve Hoffman, representing Bryan Road LLC,for property located at the NE Corner of Bryan Road and NW 1st Street, Dania Beach. Request is for permission to construct a 35,475 square foot Dry Stack Marina. A RESOLUTION OF THE CITY OF DANIA BEACH APPROVING THE SITE PLAN REQUEST SUBMITTED BY ATTORNEY STEVE HOFFMAN, REPRESENTATIVE FOR BRYAN ROAD LLC, FOR PROPERTY LOCATED AT THE NE CORNER OF BRYAN ROAD AND NW 1ST STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Bertino indicated that, as this is a quasi-judicial hearing—he had been approached by the developers of this property. They did explain the development of the • property to him. Commissioner Mikes stated that some months ago he had spoken to one of the attorneys in the firm. Laurence Leeds stated that this piece of property is vacant land right now. It is located on the south side of 1st Street. NW 15t Street abuts to the north. Bryan Road abuts it to the west. The east side of the property overlooks the C-10 canal. The property across the C-10 is vacant residential. Dusky Marine is located to the north of this development. There is also another marina located to the south. The proposal is for a 35,000 square foot dry stack marina. This is essentially a metal building. Mr. Leeds presented an artist's rendering of the proposed building. One of the variances that the applicant is requesting is 22% pervious area. 30% is required. A substantial portion of this lot was required to be dedicated to Broward County in order to plat this property. The south end of this property is where Dania Beach Boulevard would be extended if it were extended all the way to Bryan Road. The other variance had to do with a number of docks that extend out into the canal approximately 30 feet from the bulkhead. This was looked at by the Marine Advisory Board who recommended approval of the variance for these docks. Mr. Leeds continued;_ the other variance requested waiving the—continuous rear yard buffer along the canal. The buffer is required because there is residential property on the other side of the canal. The applicant has requested this because he has three large doors from which the boats will be loaded from the building onto the water. He has also requested a 50% reduction in vehicular use area for the parking lot and also a parking variance to provide one-half parking space per boat stack space instead of seven-tenths of a space which is required by code. Commissioner Bertino inquired as to whether the request was for a 50% reduction in parking. Mr. Leeds stated that the 50% reduction is a reduction of landscaping in the MINUTES 19 MARCH 27, 2001 REGULAR MEETING vehicular use areas. The parking spaces are a different variance. The code requires .7 parking space for each boat that can be stacked inside the building. He is providing .5. There is some precedent for this though we have not tested it yet. American Offshore being constructed at Bryan and Griffin was approved with .5 spaces per boat stack space. The Planning and Zoning Advisory Board recommended approval of all 5 of the variances including the dock variance based on the action of the Marine Advisory Board. They also recommended approval of the site plan. If the site plan is approved there are 3 conditions we would like attached to. They are: l (1) No outside storage. (2) No use a public address system. (3) Site lighting shall be directed down towards the parking lots and away from adjoining properties. Commissioner Bertino asked whether the provision regarding no outside storage also precluded any outside mechanical work from going on. Mr. Leeds agreed to add that as part of the conditions to the variance. (4) No outside mechanical work. Ron Mastriana, Mastriana & Christiansen, PA, representing the applicant, stated that one of the things they are trying to do is to provide a first class facility. Mr. Mastriana stated that when the City was considering the IROM District, there was a desire to encourage marine uses within this area. Although they had actually applied at the time before the zoning change came in, they were encouraged by the City's desire to promote some kind of marine use. So the whole plan has been changed and went through the Marine Advisory Board. We wanted to do something special. Unfortunately, during the platting process with Broward County, they required an enormous amount of dedication. Part of • that dedication was that we also have to pay for improvements to the roadways. In fact, we are bonding approximately $210,000_ or roadway improvements in that area. They had asked the City Commission whether there was ever a desire to extend that roadway. The previous Mayor had indicated that he hoped that someday the road would go over. Therefore, they wanted to leave that large chunk of land. Because the site is small and because there is a large section of mangroves that extend approximately 70 feet deep and 270 feet long, it was decided that additional landscaping could be added. In addition, we are providing that all of that area be landscaped that we are actually dedicating to the City. Considerable discussion ensued regarding the property to the south and whether it could be leased or had to be dedicated for public right-of-way. Mr. Mastriana stated that there would be no outside uses of this property. Everything would be inside. He felt that this was of considerable benefit to the City. Commissioner Mikes stated that he definitely thinks the area to the south needs to be landscaped and maintained as pervious area. He asked whether we needed any additional wording to require that this pervious area be maintained as pervious area. He also asked why the applicant did not have a boat-washing area. He believes that some type of pervious area will be needed for boat washing. Commissioner McElyea requested and Mr. Mastriana agreed to provide indemnification for the property that belongs to the City that will be maintained by Bryan Road LLC. Commissioner Bertino asked how many dimensions would actually be on the building because the dimensionality is what actually makes it attractive. Mr. Leeds responded that a condition could be attached such that approval would include the three dimensional projections indicated on the color building elevations renderings submitted by the applicant. Commissioner Bertino asked the architect whether there was some reason the projections were only 2 feet. The architect responded that they could get 4 feet out. MINUTES 20 MARCH 27, 2001 REGULAR MEETING To clarify, Mr. Leeds restated the conditions for the approval. Commissioner Bertino made a motion to approve the variance request, Item 9.6, subject to the following conditions. The motion was seconded by Commissioner McElyea.The motion was approved on a 510 roil call vote. 1) Applicant to investigate alternative pervious paving materials. 2) Applicant to install and agree to maintain landscaping along the south portion of the site within future city road right-of—way. 3) Applicant to provide agreement to maintain landscaping in future city right-of-way area and indemnifying the City for any injuries incurred by owner/operator and employees of Boat Storage Operation. 4) No outdoor storage of boats, trailers, or machinery. 5) No outdoor work on boats, trailers, or machinery. 6) No more than 210 boat storage stalls permitted. 7) Architectural tower features to extend four(4) feet from building. 8) No public address system shall be used. 9) Site lighting shall be directed down towards parking lots and away from adjoining properties. Commissioner McElyea inquired as to the deceleration lane along Bryan Road. He asked how long the bond going to stay and when does the applicant intend to do anything. Mr. Mastriana responded that in the platting process, you have to bond it and they hold the money while you construct it. The road improvements have to be made as a part of CO. Commissioner McElyea made a motion to approve Item 9.7 with the same • conditions and requirements as 9.6. Vice-Mayor Chunn seconded the motion which passed on a 5/0 roll call vote. The motion was approved on a 510 roil call vote. 1) Applicant to investigate alternative pervious paving materials. 2) Applicant to install and agree to maintain landscaping along the south portion of the site within future city road right-of—way. 3) Applicant to provide agreement to maintain landscaping in future city right-of-way area and indemnifying the City for any injuries incurred by owner/operator and employees of Boat Storage Operation. 4) No outdoor storage of boats, trailers, or machinery. 5) No outdoor work on boats, trailers, or machinery. 6) No more than 210 boat storage stalls permitted. 7) Architectural tower features to extend four(4) feet from building. 8) No public address system shall be used. 9) Site lighting shall be directed down towards parking lots and away from adjoining properties. 1) The Mayor requested that Item 11.1 be heard at this time. 9.8 SP-50-00 —Site Plan request by CDI Engineering and Planning representing Dilip Patel, owner, D.P. Hotels, Inc., for the proposed construction of a 67 room Sleep Inn hotel located on he east side of SE 5th Avenue, north of Sheridan Street, Dania Beach. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY CDI ENGINEERING AND PLANNING REPRESENTING DILIP PATEL, OWNER OF D.P. HOTELS, INC., FOR PROPERTY LOCATED ON THE EAST SIDE OF MINUTES 21 MARCH 27, 2001 REGULAR MEETING SE 5T" AVENUE, NORTH OF SHERIDAN STREET, DANIA BEACH; PROVIDING FOR . CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Mr. Leeds stated that this property is currently vacant and undeveloped and is located on the northeast corner of 5th Avenue and Sheridan Street. He recalled that this Commission approved a Walgreens Drug Store sometime ago on the corner. This development will be directly north of the Walgreens on the same side of the street. It is a 3-story hotel. It is zoned C-2. The zoning permits up to 101 rooms. The applicant has indicated 67 rooms. These are going to be interior corridors. This is one of those rare situations where the applicant is not requesting any variances. The building will share a driveway with Walgreens. They have met all our requirements. The Planning and Zoning Board recommends approval. We had only one comment subject to the approval of a color scheme. The applicant is proposing a terra cotta and brown colors in the building with a roof of s-type ceramic tile. They have met all our landscaping and design guidelines. Dan Fee, CDI Engineering and Planning, and Jim Gilgenboch, the Architect asked whether the Commission had any questions. He stated that the site plan is very clean. Mr. Leeds stated that the plan shows a sign located on what appears to be a tower. He noted that they have not reviewed that sign. The applicant must submit a separate permit for the sign and at that time they will determine whether the sign complies with the sign code. Mr. Fee responded that they were aware that the signage has to be submitted separately with the building permit application. Commissioner Mikes asked whether the landscaping was pretty much compatible with the Walgreens project. Mr. Fee stated that the answer is, "Yes." They continued the royal palms right up 51h Avenue. Bill Tesauro stated that the approved Walgreen's plan calls for royals along 5 Avenue and they had the applicant add additional royals of the same height. Also, there were some cypress and those were continued as well. A little more buffering was added in the back along the residential. Mayor Flury asked whether the primary entrance would be off 5th Avenue. Mr. Leeds stated that there would be two entrances off 5th—one will be shared with Walgreens and one will be on the north side of the property to 5th. The one on the north is right turns only due to the configuration of turning movements with Publix. The north side of the building is about 60 to 70 feet from the wall. Mayor Flury opened the Public Hearing on this matter. Hearing no one and seeing no one, the Public Hearing was closed. Commissioner McElyea made a motion to accept Item 9.8. Commissioner Mikes seconded the motion which passed on a 5/0 roll call vote. 10.0 COMMISSION COMMENTS: 10.1 Commissioner Bertino inquired as to the status of the Walgreens to the south of this property. Mr. Leeds stated the City Commission had added a condition at final site plan approval requiring an easement at the intersection of Sheridan and 5th so the City could locate a "Welcome to Dania Beach" sign at that location. Walgreens has been reluctant to give us that easement because they fear it will interfere with their Walgreens sign. Mr. Leeds stated that he had even given them (Walgreens) to opportunity to come back before the Commission if they have a problem with the condition and they have not done so yet. Mr. Leeds provided additional information regarding his discussions with Walgreens regarding the sign. Commissioner Bertino asked the City Attorney whether there was any way to get the project started. Mr. Leeds asked the City Attorney whether the Commission could amend their condition on that site plan so as to relieve them of that easement. Commissioner Bertino asked if there was anything that could be done so that Walgreens could MINUTES 22 MARCH 27, 2001 REGULAR MEETING start building. City Attorney Ansbro stated that the Commission could direct Mr. Leeds to issue • the permits subject to addressing this issue prior to Certificate of Occupancy. Commissioner Mikes moved to approve issuance of the building permit for Walgreens subject to addressing the easement issue prior to Certificate of Occupancy. Commissioner McElyea seconded the motion which passed on a 5/0 roll call vote. 10.2 Commissioner McElyea stated that he would be leaving for Broward Days in Tallahassee tomorrow morning. He stated that he wants to do some lobbying on behalf of the station at 803. He stated that there are 5 or 6 street lights out on U.S. 1 from Dockers down. He commented that Main Street is starting to look much better. 10.3 Commissioner Mikes thanked his supporters in the election. He stated that it was a very close election ail the way around. He thanked his wife for putting up with another election. He stated that there was an airport hearing and that 500 people turned out for the EIS public hearing. He thanked Jay Field for personally paying for an ad in the Dania Press so that people would know that that hearing would be held. Jay has been there on this airport issue for many, many years. He stated that we need a workshop immediately to consider what we are going to do for implementing a new City Manager and that we also need to finalize a formal response on the EIS with the attorneys at that meeting. He asked that the attorneys be invited to that meeting. The critical date is the April 20 deadline for submittal. We have to have a written submittal in before that. For 3 years he has been trying to get lighting at Meleleuca Gardens and sees that finally lights have been installed. Commissioner McElyea asked for one more item. He stated that Public Works Director Bud Palm and he have been talking for quite some time about changing Public Works. We discussed the possible lease of the Boggs property next door to extend Public Works. Bud Palm stated that he had been talking to Lester Boggs about possibly buying that property, but he doesn't want to sell it. He is willing to lease it to the City. He stated that the Health Department is giving them a hard time because of having the garage next to the water plant. He stated that everything is basically already in place at that building. Commissioner McElyea stated that he and Bud Palm would walk through it and see what it looks like. Jason Nunemaker stated that he would like to request that we incorporate into this special meeting a vision session for the upcoming budget. This is something we need to get started on as soon as possible. There have been a number of items mentioned which will impact the budget. 10.4 Vice-Mayor Chunn thanked the citizens of Dania for giving him the opportunity to serve them. He also thanked everyone for their concern for him after his accident. He stated that one of his goals was to show people how rich a city could be after it was turned around. He especially thanked the Fire Rescue Department. He stated that a 5000 pound beam had fallen on him. He remained conscious the entire time and told the people to call 911 and he knew that the very best people were coming to take care of him. He also thanked his wife. 10.5 Mayor Flury also thanked her supporters during the past election. She said that she is glad the budget workshop is coming up because it will provide an opportunity to prioritize those issues. Commissioner Bertino stated that the fees that have been paid over the years to the county for the newly annexed area. There is a certain amount of infrastructure that ought to be in that area presently, so he supposes that the County owes that area that amount of money to the City. He asked that the Acting City Manager get with the City Attorney and do whatever needs to be done to get moving on that. MINUTES 23 MARCH 27, 2001 REGULAR MEETING Jason Nunemaker introduced the new Finance Director, David Keller. Jason has worked up an • estimate of fixed costs and operating costs thereafter. He will coordinate with the City Attorney and lobbyist on that and report back next meeting. 11. DISCUSSION AND POSSIBLE ACTION: Item 11.1 was heard after Item 9.7 and before Item 9.8. 11.1 Request for Abatement of Code Enforcement Lien CEB00-0511 by Norman Lindo and Beverly James-Lindo for property located at 242 SW 151h Street, Dania Beach. Mr. Leeds explained that this request for abatement was for failure to maintain fence properly, remove or replace brick flower beds and a number of minor property-related issues. The fine that was assessed by the Board was $600, based upon 10 days at$50 per day plus $100 recording fees. The Code Enforcement Board recommended abatement down to $300. Their position was that the applicant, once notified, made a good faith effort to comply; therefore, they are requesting that you abate half the fine. Mayor Flury asked Mr. Lindo if he had any comments. He had none. Mr. Leeds requested that the fine be paid within 30 days. Commissioner McElyea made a motion to accept the $300. Commissioner Mikes seconded the motion which passed on a 5/0 roll call vote. Item 11.3 was heard before Item 11.2 11.2 Request by Bruce Kodner, Bruce Kodner Galleries, Inc., for renewal of an Auctioneer's Occupational License for property located at 11 South Federal Highway, Dania Beach. 11.3 Request by Thomas Cimaglia, owner, Dania Auction Gallery, for renewal of an Auctioneer's Occupational License for property located at 6 South Federal Highway, Dania Beach. Mr. Cimiglia asked that the Commission approve his request. Mayor Flury called for a motion to approve 11.2 and 11.3. Commissioner Bertino asked Chief Anton whether there were any discrepancies or problems or complaints in approving this license. Chief Anton stated that they had completed a background search and there were no problems. The motion was approved on a 5/0 roll call vote. Commissioner McElyea moved to approve 11.3. Commissioner Bertino seconded the motion and asked the same question to the Chief. Chief Anton stated that there were no problems. The motion was approved on a 5/0 roll call vote. 11.4. Report form Airport Advisory Board (Jay Fields, Chairman) Commissioner Bertino thanked Jay Fields for his speech at the EIS hearing. Mr. Fields explained that he had placed a book published by the Airport Council International in the back-up material. Airport operators comprise the Airport Council International. Mr. Fields explained that what is going at the airport could have a bearing on the Interlocal Agreement and on the future impact of noise in this City. Mr. Fields displayed an enlargement from page 6 of the book entitled, "The Next Stage in Noise Abatement Policy: ACI-NA's Plan for A Quiter Environment." He explained the Departure Noise Footprints diagram and said that with the Resenbeck kit there was essentially no MINUTES 24 MARCH 27, 2001 REGULAR MEETING difference between the Stage 2 and the Stage 3 airplanes. Neither of the hush-kitted airplanes comes anywhere near a less noisy 757. Mr. Fields explained that there is an ongoing discussion regarding Stage 4 which is a 10 percent reduction in the noise from each individual airplane. Referring to page 3 in the book, Mr. Fields stated that the proposal from the Committee on Aviation and Environmental Protection which is a part of the International Civic Aviation Organization (ICAO), which is the worldwide organization that deals with these issues has sent up a proposal for approval to the various agencies and airlines that the Stage 4 would become effective on January1, 2006. The difference this time will be that a phaseout of existing Stage 3 aircraft would not be required. What this means for us is that when we worked out our Interlocal Agreement, we thought that we would be getting contours exhibited by Stage 3 airplanes. Mr. Fields' recommendation to the City would be to try to reopen the negotiations and to have an extended south runway only for Stage 4 airplanes. This would knock out the hush kits and some of their noisier airplanes. Mr. Fields believes that this might be something the Commission would want to consider. If everything remains the same and we have these hush kitted airplanes show up on the south runway, the type of noise as each airplane goes down the runway will have quite an impact on our City until such times as these airplanes are retired or wear out. Having these hush kitted airplanes will create an incredible amount of noise. Regarding the Environmental Impact Statement(EIS), Mr. Fields explained that the present site plan for the EIS shows a fully-functional crosswind runway—that is 1331. A preliminary engineering study that Mr. Fields sent to the Commission some time ago showed that in order to meet the elevation of the raised south runway, that they would have to cut the crosswind runway back to 5,000 feet. Obviously, there are advantages to certain parts of Dania and disadvantages to certain parts of Dania whether or not the south runway is extended and the crosswind runway is used or not. Mr. Field asked the planner at the Aviation Department if they would have to come back and reopen the Environmental Impact Study if they changed the site plan. Essentially, the planner told me they would not. So this will depend on which communities are going to be impacted. Mr. Fields believes everyone is aware that if the crosswind runway is closed, the first time they have to work on the runway lights or they have a crash on the north runway, that means that about 400 or so airplanes will be thrown to the south runway, so they would be flying over Ravenswood for both takeoff and landing. Mr. Fields stated that when that day comes, everyone on the Commission will remember it, everyone in the Aviation Department will remember it, and certainly everyone who lives in Ravenswood will remember it, because it will bring home the full impact of the project. Mr. Fields stated that they are starting another Part 150 study. The Part 150 study is an on-going every 5 years project where they examine the noise impacts and do the noise contours, and they try to come up with other proposals to deal with the noise at the airport. An on-going problem at the airport in terms of noise has been run-ups. We had a run-up last October about 4:OOa.m. that went on for about 30 minutes. That wasn't the first time we have had that happen and it won't be the last. The County has a noise run- up ordinance. When they have these run-ups after 11:00p.m., they are supposed to go out and give them tickets and stop it. Mr. Fields asked how many tickets had been given over the years for this, and their answer is basically zero. So the proposal that might be coming up that would help our City and Fort Lauderdale and Hollywood, too, would be to put an on-site microphone at the airport. We would change the computer noise data base so that we would keep a permanent record of the run-ups. Right now the run-ups do not show up in the permanent data base because of the way the noise is measured. He stated that this change would bring some relief to the people in Meleleuca, in Ravenswood and in the Edgewood section of Fort Lauderdale. Mr. Fields asked that the Commission consider whether they wanted to try to ask them to go to the Stage 4 proposal by January 1, 2006. MINUTES 25 MARCH 27, 2001 REGULAR MEETING Mayor Flury thanked Mr. Field and recognized Beulah Lair. Ms. Lair asked the Commission whether they realized what a treasure we have in Jay Fields. She said that the knowledge that that man has and the time that he spends on this airport is priceless. She stated that he had stayed up night after night writing the flyers to pass out. He passed out the flyers himself in his area and Ms. Lair was passing them out in her area. They asked for help. Nobody had time to help, so Jay hired a man to help him and Ms. Lair found a man to help her. Mr. Fields paid for every flyer, for every sign, and spent many, many hours on this project. Ms. Lair said that Mr. Fields deserved a round of applause, and he received one. Ms. Lair also stated that the Vice- Mayor deserved "ten at-a-boys"for sitting there tonight as she knew that he must be in pain. Mayor Flury again thanked Mr. Fields for his work on this project. Commissioner Mikes stated that Beulah should also be thanked for supplying the fuel in the form of the potato salad she makes. 11.5 Discussion of City staffing and employee morale. (Commissioner Mikes) Commissioner Mikes stated that he believes we will move forward with a new level of responsiveness in City of Dania government. He stated that we will probably have to pay a little more to get what we are looking for. He stated that he thinks employee morale is the worst he has seen it in a long time. He said that he had been frustrated with trying to get information about what was going on in his City so that he could make decisions. He hoped that the new City Manager would try to rectify the situation so that we could get a more harmonious City Hall. 11.6 Discussion of loss of revenue from proposed hotel (Marriott) east of the Hilton. (Commssioner Bertino) Commissioner Bertino stated that another large hotel, a Marriott, was going to be built on the large vacant piece of land east of the Hilton. This would have been economically beneficial to our City, providing jobs, tax base and tax revenues. The developers apparently went to the airport wondering about the airport situation and they were told not to build it because they would have a problem. The developer walked away from the project. The airport didn't say they were going to buy the Hilton. If the Hilton is to the west of where this was going to be built, it would be more in the flight path than the Marriott would be. Yet the airport, apparently told the Marriott, "forget it." Commissioner Bertino felt that the airport's action had hurt us and stated that he did not like it. He asked that the Acting City Manager and the City Attorney take a look into this and see if they could finesse the airport into allowing this Marriott to be built. He understands that the developer will consider it if the airport will back off their position. He wanted to ask the Commission for their support and whether they had any problem with the City Manager and the City Attorney pursuing this. Commissioner Mikes stated that if the airport were going to try to draw a line halfway to Stirling Road that could not be developed, that was unacceptable. He stated that we had donated most of the land for the airport and certainly most of the terminal space. Commissioner Mikes stated that we had done more than our share, yet they keep trying to get more. Commissioner Mikes stated that as a small player—though we are getting a little bigger due to the recent annexation--we have to use attorneys to represent our rights. He agreed with Commissioner Bertino that whatever we can do to ensure that the . airport isn't going to keep choking off out tax base should be done. MINUTES 26 MARCH 27, 2001 REGULAR MEETING Mayor Flury also agreed with Commissioners Bertino and Mikes on this issue. Acting City Manager Nunemaker stated that right now that piece of developable land is restricted to a third of its capacity. It needs about$1.5 million of work just be be developed. That can only be justified if it can be developed in its entirity. Mr. Nunemaker stated that he would work with Tom (Ansbro) and Larry (Leeds) on this. 11.7 Discussion of Pier Restaurant Lease and overall plans for the beach. (Commissioner Mikes) Commissioner Mikes recommended that we move on this item soon—maybe not the next workshop but soon. Acting City Manager Nunemaker stated that Tom does have the packet ready if the Commission wants to advertise. If the Commission wants to discuss the items that held this up before. Mayor Flury asked whether the RFP that is ready now were the same as the previous one that went out. Acting City Manager Nunemaker stated that it had been revised to take into the account the Commissioners specific wishes with regard to transfer of interests within the corporation. The Mayor commented on the extensive period of time this project has been going on. She said that she does not understand why they can't make a decision about whether they want to send the RFP out or build it ourselves, and that she would be happy to vote for either. Commissioner McElyea stated that he agreed with Mayor Flury. Commissioner Mikes said that he was almost ready to build a shell so that someone could get in there. Commissioner McElyea made the suggestion that a Starlight Diner be brought in. He said that you could just bring one in and set it up. If you didn't like it in five years, it could easily be removed. Commissioner Mikes said he thought we could do better than that. Mayor Flury stated that she was not opposed at all to building a shell and renting it out. Commissioner Mikes said that most fishing pier restaurants started out small then expand when they build up a clientele. The other problem we had with the last party that was interested in building was that they were looking for more of a night operation—a more fancy clientele with a lot of heavy lounge use and selling of alcoholic beverages. What the community in this City is looking for is a restaurant with hamburgers and a breakfast. They remember the old restaurant we had out there that catered to the people of this City. Commissioner Bertino stated that we have $400,000 that we were going to put up as seed money for Tarpon Bend to come in and build their restaurant. $400,000 will build a very nice shell. Commissioner Bertino believes we should do both the RFP and determine the cost of building a shell simultaneously. Commissioner Bertino said that the more rustic it is, the more appealing it becomes. Commissoner McElyea said that he thought we should forget RFPs and just move on. Commissioner McElyea asked whether we were completely through with the Tarpon Bend people. Acting City Manager Nunemaker stated that to his knowledge they were done. Mr. Nunemaker stated that either way we would have to do an RFP because the project cost would indicate that we will have to hire through a sealed bid process. There is no one on staff that can design a restaurant for the pier. Commissioner McElyea reiterated that we should forget the RFP. Commissioner Mikes stated that we had already had some architectural work done. He agreed with Commissioner Bertino . Mayor Flury asked whether Commissioner McElyea would make a motion. He said that he would make the motion that we start tomorrow. Mayor Fllury asked him to be more specific. Commissioner McElyea said that we should get an architect to draw up something like Bubba Gumps in California. Commissioner Bertino said that we would have to do this correctly or else we will end up with a pier with a $400,000 structure that we can't lease out. City Attorney Ansbro reminded the Commission that if you are going to spend over$200,000 you have to go to public bid. It is a State law. He said that what MINUTES 27 MARCH 27, 2001 REGULAR MEETING we tried to do before on two occasions was a design-build. It is a fast-track mechanism to have an architect and a builder work together to bring you a concept. Last time we did it, we did design-build-and operate. Mr. Ansbro suggested that we go back to the design- build. We now have a lease that we developed with this last operator. He advised the Commission to try this one last time. He stated that we could do this fairly quickly. City Attorney Ansbro advised that the architect who proposed the last building had been released from his obligation to Tarpon Bend. Commissioner McElyea stated that that was a Martha's nightclub atmosphere that we don't need on Dania pier. City Attorney Ansbro said that the Commission would have to select some architect to help start it. Commissioner Mikes stated that we needed to spend an hour discussing this in a workshop. Commissioner McElyea suggested a special workshop for this. Commissioner Mikes said that we need two workshops real soon for a number of things—budgeting, annexation, and other issues. Mayor Flury asked whether we could have both workshops prior to the next Commission meeting. Jason Nunemaker said that if the Commissioners' schedules were amenable to it, we would schedule it. Commissioner McElyea made a motion to go out for bid for an architect and find out what we are going to do and move on. Mayor Flury passed the gavel to Vice-Mayor Chunn and seconded Commissioner McElyea's motion. Commissioners Bertino and Mikes both suggested that a workshop was needed. Commissioner McElyea withdrew his motion and Mayor Flury withdrew her second. Acting City Manager Nunemaker stated that the workshop would be forthcoming within a week or two. 11.8 Discussion of southwest area street closings. (Commissioner Mikes) Commissioner Mikes asked whether there was any attempt to talk to people about the potential for a Dixie Highway project. Mr. Leeds answered, "no," and indicated that all he had talked about with the community was street closing. He stated that this would be brought back to the Commission for formal action on April 10. Commissioner Mikes stated that he did not know whether the former City Manager had discussed this with the people in the Community. Additional discussion regarding this area ensued. The item will be returned to the Commission at the 10 April meeting. 12. Boards 12.1 Airport Advisory Board Commissioner Bertino appointed Billy Phipps to the Airport Advisory Board. Vice-Mayor Chunn appointed Beulah Lair and Marie Davenport. Commissioner Mikes asked the City Attorney whether he could make a motion to continue all his appointments to the next meeting and let them serve through the next meeting. City Attorney Ansbro stated that this could be done on an interim basis. Commissioners McElyea and Bertino said that they would do the same thing. Commissioner Mikes made a motion to continue all board appointments for the 3 sitting Commissioners to the next regular meeting of the City Commission. The appointments made by John Etling are to continue for Mayor Flury and the appointments made by Jim Cali are to continue for Robert Chunn until the next regular meeting. The motion was seconded by Commissioner McElyea. MINUTES 28 MARCH 27, 2001 REGULAR MEETING Vice-Mayor Chunn appointed Lottye Crooms,9 NW 6th Avenue,to the Planning and Zoning Board. The motion passed on a 5/0 roll call vote. 12.15 Appointment of Mayor Flury as delegate and Vice-Mayor Chunn as alternate delegate to the Broward League of Cities, Florida League of Cities, and National Leage of Cities. Commssioner Bertino moved and Commissoner McElyea seconded this appointment which passed on a 5/0 roll call vote. 12.16 Confirmation of Voting Delegate to N.O.I.S.E. (National Organization to Insure a Sound Environment.) Commissioner Bertino made a motion to continue this to the next regular Commission meeting. Commissioner McElyea seconded the motion which passed on a 5/0 roll call vote. 13. ADMINISTRATIVE REPORTS 13.1 City Manager Jason Nunemaker confirmed that we would have two special meetings that would be scheduled as expeditiously as possible. The first one will deal with selection criteria for the next City Manager, budget/visioning, EIS, and comments on the status of annexation revenues. The second workshop will specifically deal with the pier restaurant RFP. Mr. Nunemaker read a list of donations for the relocation of the I.T. Parker House. Right now we have just a shade over$10,000. The donations are from AMO DCOTA A. J. Ryan Realty Florida East Coast Industries Russ Klennet and Associates Dick's Toys and Collectables Southern Sewer Equipment Sales Government Services Group Advanced Data Processing True Value Albert and Adrian Pennetz BFI Dania Beach Main Street Mr. Nunemaker, Commissioner McElyea and Finance Director David Keller will be going to Broward Days tomorrow and Thursday. He asked that the Commission reach him via his cell phone. 13.2 City Attorney City Attorney Ansbro stated that he needed to call an Attorney-Client Session for the April 10th meeting at 7:OOp.m. for the Bruckner cases, J.J. Kelly litigation, and the Konchnick litigation just to bring you up to date on settlement offers. MINUTES 29 MARCH 27, 2001 REGULAR MEETING Commissioner Mikes congratulated the Mayor on getting her first meeting completed before ® midnight. The meeting was adjourned at 11:58p.m. Respectfully submitted, MAYORlit- -COMMISSIONER Sheryl Ch pman Acting City Clerk MINUTES 30 MARCH 27, 2001 REGULAR MEETING