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HomeMy WebLinkAbout1724 - MINUTES - City Commission MINUTES ®AMA BEACH CITY COMMISSION REGULAR MEETING APRIL 10, 2001 1. CALL TO ORDER: Mayor Flury called the meeting to order at 7:35 p.m. 2. INVOCATION AND PLEDGE OF ALLEGIANCE: *Senior Pastor Gary Culberson, Griffin Road Baptist Church On behalf of the entire community, Mayor Flury extended sympathy to the family members of Frank Noe, Dania Beach Firefighter/Paramedic, who was killed this past week when his car went into a canal. 3. ROLL CALL: Present: Mayor: Pat Flury Vice-Mayor: Robert Chunn Commissioners: Charles McElyea Bob Mikes City Attorney: Tom Ansbro Acting City Manager: Jason Nunemaker • Deputy City Clerk: Charlene Johnson Absent: Commissioner: John Bertino (excused) A motion was made by Commissioner McElyea, seconded by Vice-Mayor Chunn, excusing Commissioner Bertino from this meeting. The motion passed on the following 4/0 roll call vote: Commissioner McElyea-yes Vice-Mayor Chunn-yes Commissioner Mikes-yes Mayor Flury-yes 4. CITIZENS'COMMENTS: ADDRESSING THE COMMISSION: COMMENTS BY DANIA BEACH CITIZENS OR INTERESTED PARTIES THAT ARE NOT PART OF THE REGULAR AGENDA MAY BE MADE DURING EACH COMMISSION MEETING DURING THE PERIOD SET ASIDE FOR"CITIZEN COMMENTS." A THIRTY(30) MINUTE"CITIZEN COMMENTS"PERIOD SHALL BE DESIGNATED ON THE AGENDA FOR CITIZENS AND INTERESTED PERSONS TO SPEAK ON MATTERS NOT SCHEDULED ON THAT DAY'S AGENDA. THE CITIZEN COMMENTS PERIOD SHALL BEGIN PROMPTLY AT 7:30 PM. EACH SPEAKER SHALL BE LIMITED TO 3 MINUTES FOR HIS OR HER COMMENTS. PERSONS DESIRING TO SPEAK DURING THE CITIZEN COMMENT PERIOD SHALL INFORM THE CITY CLERK IMMEDIATELY PRIOR TO THE BEGINNING OF THE MEETING OF THEIR INTENTION TO SPEAK. IF MORE THAN 10 SPEAKERS EXPRESS A DESIRE TO SPEAK,THE COMMISSION SHALL DETERMINE ON A MEETING BY MEETING BASIS WHETHER TO(A) EXTEND THE TIME ALLOTTED FOR CITIZEN COMMENTS TO ACCOMMODATE ALL SPEAKERS,OR(B)WHETHER TO LIMIT THE NUMBER OF SPEAKERS OR AMOUNT OF TIME PER SPEAKER. A SPEAKER'S TIME SHALL NOT BE TRANSFERABLE TO ANOTHER SPEAKER. 4.1 Bobbie Grace mentioned that the City cannot afford to fight the County over the runway expansion and that the City can work with Broward County to secure protections for residents being MINUTES REGULAR MEETING CITY OF DANIA BEACH 1 APRIL 10, 2001 impacted by the airport runway expansion. She urged the City Commission to reduce litigation costs . and to conduct workshops to discuss better ways to control taxpayer funds. 5. PRESENTATIONS: Item 5.1 was heard after Item 11.4. 5.1 Fiscal Year 2000 Comprehensive Annual Financial Report. Mr. Sean Davis, Sean Davis &Associates, presented highlights in the City's Comprehensive Financial Report covering the fiscal year 1999/2000. Item 5.2 was heard after Item 4.1 5.2 BSO "Deputy of the Month" Chief Anton, BSO, advised that Lt. Diane Stanton has been selected as the new Chief of Police for Lauderdale by the Sea. He wished Lt. Stanton well in her new endeavor but was sorry that Dania Beach was losing a good officer. He stated that candidates for the lieutenant position would be brought before the City Commission in the near future. Chief Anton presented Deputy Richard Cooper with the "Deputy of the Month" award for March 2001. 6. PROCLAMATIONS: 6.1 A proclamation declaring the week of April 16-22, 2001, as "National Community Development Week" in the City of Dania Beach. 6.2 A proclamation declaring the month of April, 2001, as "Reading Across Broward Month" in the City of Dania Beach. 6.3 A proclamation declaring the May 1, 2001, as "World War 11 Veterans' Graduation Day" in the City of Dania Beach. Acting City Manager Nunemaker read all proclamations and advised that applications for the "World War II Veteran Graduation" program were available in administration. Items Pulled from the Consent Agenda: Mayor Flury pulled item #7.4. 7. CONSENT AGENDA (including expenditures): Minutes: 7.1 Approval of Minutes for Organizational Meeting, March 20, 2001. 7.2 Approval of Minutes for Regular Meeting, August 24, 1999. Resolutions: 7.3 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE APPLICATION WITH BROWARD COUNTY TRANSIT TO EXPAND THE HOURS OF OPERATION FOR PUBLIC BUS TRANSPORTATION SERVICES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. MINUTES REGULAR MEETING CITY OF DANIA BEACH 2 APRIL 10, 2001 7.5 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE AGREEMENT WITH GOVERNMENT SERVICES GROUP, INC. AND THE CITY OF DANIA BEACH FOR PROFESSIONAL SERVICES RELATING TO ADMINISTRATION OF FIRE RESCUE, SOLID WASTE AND STORMWATER ASSESSMENT PROGRAMS FOR FY 2001- 02; AUTHORIZING A COST OF $45,000.00 FOR THE SCOPE OF SERVICES OUTLINED IN EXHIBIT A TO THE AGREEMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.6 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA URGING CONTINUED FEDERAL PARTICIPATION AT ITS CURRENT LEVEL IN BEACH EROSION CONTROL PROJECTS, INCLUDING BEACH NOURISHMENT; REQUESTING CONTINUATION OF THE CURRENT FEDERAL CRITERIA FOR FEDERAL PARTICIPATION AND COST-SHARING; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.7 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THAT CERTAIN WIRE TRANSFER AGREEMENT WITH REPUBLIC SECURITY BANK AND APPOINTING THE INTERIM CITY MANAGER AND FINANCE DIRECTOR, ACTING SINGLY, AS ITS AUTHORIZED REPRESENTATIVES IN SUCH MATTERS; PROVIDING FOR AN EFFECTIVE DATE AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. Ordinances —Title to be read by city attorney: 7.8 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO CHAPTER ® 17 OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED "OFFENSES - MISCELLANEOUS", BY AMENDING CODE SECTION 17-126, ENTITLED "DUTIES," OF ARTICLE VII ENTITLED "NUISANCE ABATEMENT BOARD", TO INCREASE THE MAXIMUM CUMULATIVE FINES WHICH MAY BE IMPOSED BY THE NUISANCE ABATEMENT BOARD FOR PUBLIC NUISANCES; PROVIDING FOR ADMINISTRATIVE ACTION BASED ON A NUISANCE RELATED TO STOLEN PROPERTY; PROVIDING FOR AMENDMENTS TO THE NUISANCE ABATEMENT ORDINANCE TO BRING IT INTO CONFORMITY WITH RECENT AMENDMENTS TO THE APPLICABLE STATE LAW; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (First Reading) 7.9 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA PERTAINING TO CAMPAIGN FINANCING; LIMITING TO $250.00 CAMPAIGN CONTRIBUTIONS AND EXPENDITURES GIVEN BY INDIVIDUALS AND POLITICAL COMMITTEES TO CANDIDATES FOR THE OFFICES OF CITY COMMISSIONERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (First Reading) 7.10 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST BY DAVE MARTINO, AGENT FOR FLORIDA POWER AND LIGHT, FOR PROPERTY LOCATED DIRECTLY NORTH OF THE DANIA CUT-OFF CANAL, EXTENDING APPROXIMATELY 1,300 FEET EAST OF U.S. 1 AND EXTENDING APPROXIMATELY 270 FEET NORTH OF THE DANIA CUT-OFF CANAL WITHIN THE CITY OF DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM I-G (INDUSTRIAL GENERAL) TO THE CLASSIFICATION OF IRO is MINUTES REGULAR MEETING CITY OF DANIA BEACH 3 APRIL 10, 2001 (INDUSTRIAL RESEARCH OFFICE) SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (First Reading) 7.11 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO CHAPTER 8 OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED "BUILDINGS", ARTICLE II, ENTITLED "PROPERTY STANDARDS", BY CREATING SECTION 8-24 TO BE ENTITLED "LIENS AND FORECLOSURE"; AUTHORIZING THE CITY TO RECORD A NOTICE OF LIEN AND TO FORECLOSE ON AN UNSAFE STRUCTURE LIEN PLACED ON PROPERTY FOR VIOLATIONS OF CHAPTER 8 OF THE CITY CODE; ESTABLISHING PRIORITY FOR DEMOLITION LIENS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (First Reading) 7.12 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO THE SUBJECT OF TEMPORARY SIGNS; AMENDING CHAPTER 28, SECTION 28.220 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA TO ESTABLISH A MAXIMUM SIZE FOR TEMPORARY SIGNS, INCLUDING TEMPORARY POLITICAL SIGNS, OF EIGHT (8) SQUARE FEET; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (First Reading) A motion was made by Commissioner McElyea, seconded by Commissioner Mikes, approving the Consent Agenda items with the exception of Item 7.4. The motion passed on the following 4/0 roll call vote: Commissioner McElyea-yes Vice-Mayor Chunn-yes ® Commissioner Mikes-yes Mayor Flury-yes Item Pulled from the Consent Agenda: 7.4 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO SUPPORT AN APPLICATION MADE TO THE OFFICE OF THE GOVERNOR AND NOMINATED BY TURN AROUND DANIA BEACH FOR THE DESIGNATION OF THE NORTHWEST-SOUTHWEST REVITALIZATION CORRIDOR OF THE CITY OF DANIA BEACH AS A "FLORIDA FRONT PORCH" COMMUNITY; PROVIDING THAT THE DESIGNATION WOULD ALLOW THE CITY TO COMPETE FOR A PORTION OF $5.2 MILLION IN FLORIDA FRONT PORCH FUNDING; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE SAID APPLICATION; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Mayor Flury mentioned the importance of the program and was hopeful that the City would be able to obtain some grant funding for neighborhood improvements. She commended the collaborative efforts of the Northwest Byrd Point Civic Association, College Gardens Association, Dania Heights Civic Association, BSO, the City and the Turn Around Dania Beach organization for working together towards this positive project. A motion was made by Commissioner McElyea, seconded by Commissioner Mikes, adopting the resolution. The motion passed on the following 4/0 roll call vote: Commissioner McElyea-yes Vice-Mayor Chunn-yes Commissioner Mikes-yes Mayor Flury-yes MINUTES REGULAR MEETING CITY OF DANIA BEACH 4 APRIL 10, 2001 Item 11.4 was heard after Item 7.4. S. BIDS AND REQUESTS FOR PROPOSALS: None 9. PUBLIC HEARINGS: 9.1 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE "UMT PARCEL" PLAT, SUCH PROPERTY BEING LOCATED IN THE CITY OF DANIA AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF "UMT PLAT'; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) Mayor Flury opened the public hearing. Hearing no one speak in favor or opposition, Mayor Flury closed the public hearing. A motion was made by Commissioner McElyea, seconded by Vice-Mayor Chunn, adopting the Ordinance on second reading. The motion passed on the following 4/0 roll call vote: Commissioner McElyea-yes Vice-Mayor Chunn-yes Commissioner Mikes-yes Mayor Flury-yes 9.2 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 03/27/01) Mayor Flury opened the public hearing. Hearing no one speak in favor or opposition, Mayor Flury closed the public hearing. Mayor Flury questioned the purpose of increasing the bond amount in the Ordinance from $25,000.00 to $50,000.00 as was directed from the last meeting when information about the new Communications Services Tax Simplification law requires the bond to be eliminated effective October 1. Acting City Attorney Peter Lichtman clarified that the bond that was increased involves the Security Fund, which is separate and apart from the construction bond impacted by the Communications Services Tax Simplification law. A motion was made by Vice-Mayor Chunn, seconded by Commissioner McElyea, adopting the Ordinance on second reading. The motion passed on the following 4/0 roll call vote: Commissioner McElyea-yes Vice-Mayor Chunn-yes Commissioner Mikes-yes Mayor Flury-yes MINUTES REGULAR MEETING CITY OF DANIA BEACH 5 APRIL 10, 2001 9.3 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 THEREFORE. (CONTINUED FROM 03/27/01) A motion was made by Vice-Mayor Chunn, seconded by Commissioner McElyea, continuing the Resolution to the April 24th meeting. The motion passed on the following 4/0 roll call vote: Commissioner McElyea-yes Vice-Mayor Chunn-yes Commissioner Mikes-yes Mayor Flury-yes 9.4 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CLOSURE OF CERTAIN STREETS IN THE SOUTHERLY PORTION OF THE DANIA HEIGHTS AREA, AS DESCRIBED IN THE ATTACHED MAP AS EXHIBIT 'A', AS A TEMPORARY DEMONSTRATION PROJECT; PROVIDING FOR REVIEW BY THE BROWARD SHERIFF'S OFFICE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Growth Management Director, explained the street closure locations approved by the Dania Heights Civic Association for a temporary demonstration project. He advised that the street closure project was proposed by Chief Anton, BSO, as a means of reducing street and drug crimes. Mayor Flury opened the public hearing. Robert Prudhomme, 300 SW 16 Street, spoke in favor of the street closure plan based on the success of the program in Hollywood and Fort Lauderdale. He asked that the City Commission to also consider closing SW 3d Avenue based on the high number of accidents that have occurred in the area. Jeff Dale, 1304 SW 2nd Avenue, supported the street closure plan but pointed out that SW 2"d Avenue is used as a bypass to get to US 1. Once the street closure program is implemented, he was concerned with the impact on traffic flow without any speed signs and bumps or stop signs to slow the traffic. He urged the City Commission to consider the impact on the residents living along SW 2"d Avenue and to realize that property values may also be impacted. Jacqueline Pinedo, 1302 SW 2nd Avenue, advised that she has difficulty crossing SW 2"d Avenue due to the speeding and traffic problems that currently exist and requested the City to take safety measures with the new plan. Laurence Leeds, Growth Management Director, agreed that the traffic will have to be monitored to see how SW 2"d Avenue is impacted during the six-month period. Mr. Leeds clarified that SW 2"d Avenue at Sheridan Street is being left open at the request of Fire Rescue to maintain an alternative emergency access route to Sheridan Street should Federal Highway be blocked. As requested by the public, he agreed to speak with Chief Anton, BSO, on installing Crime Watch signs for the area. MINUTES REGULAR MEETING CITY OF DANIA BEACH 6 APRIL 10, 2001 Commissioner McElyea mentioned that currently people traveling west-bound on Sheridan Street turn onto 4th Avenue and cross Dixie Highway to get to Stirling Road. He was concerned that the street closures may create a serious traffic backup when the railroad tracks are closed for a long train. Mr. Leeds concurred and indicated that the City may very well have to hire a Traffic Engineering Consultant at the end of the six-month period to address traffic issues. Laurence Leeds, Growth Management Director, recognized Teddy Bohannan and June Silvernale for extending their time and efforts to work with the community on this project. A motion was made by Commissioner McElyea, seconded by Vice-Mayor Chunn, adopting the Resolution approving the street closure project for a six-month trial period. The motion passed on the following 4/0 roll call vote: Commissioner McElyea-yes Vice-Mayor Chunn-yes Commissioner Mikes-yes Mayor Flury-yes At this time, City Attorney Ansbro advised that Items 9.5 through 9.8 are Quasi-Judicial matters. He administered an Oath at one time to those individuals presenting testimony on the items and advised the City Commissioners to individually disclose all communications they may have had on these matters as each item is heard. 9.5 SA-01-01 — Request for Sign Adjustment approval by Phil Glassman, Managing Partner for Dania Shopping Center, located at 100-130 South Federal Highway. A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE SIGN ADJUSTMENT REQUEST SUBMITTED BY PHIL GLASSMAN, MANAGING PARTNER FOR THE DANIA SHOPPING CENTER, FROM CHAPTER 28, ZONING, ARTICLE 28, SIGNS, FOR PROPERTY LOCATED AT 100-130 SOUTH FEDERAL HIGHWAY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Growth Management Director, explained that the shopping center is located on the west side of Federal Highway near Stirling Road. The petitioner has requested a waiver from Chapter 28, Article 28, "Signs" to allow four various sized wall signs and existing window signs to remain. In addition, Mr. Glassman requested to replace the existing "Checks Cashed/Auto Tag Agency" sign with a "Checks Cashed/Rapid Tax/Cell Phone" sign. Mr. Leeds explained that the Planning & Zoning Advisory Board recommended approval of the four signs and denial of all window signs. Mayor Flury opened the public hearing. Paul Porzio, 220 SE 1 Street, pointed out that window signs are needed for businesses that are setback from Federal Highway and urged the City Commission to consider that Jackson's Ice Cream has operated with the use of window signs for many years. Hearing no further comments, Mayor Flury closed the public hearing. Laurence Leeds, Growth Management Director, estimated the buildings in the shopping center to be 100 feet back from Federal Highway, which distinguishes them from most of the businesses in the downtown area that are located close to Federal Highway. MINUTES REGULAR MEETING CITY OF DANIA BEACH 7 APRIL 10, 2001 A motion was made by Commissioner Mikes, seconded by Commissioner McElyea, adopting the resolution approving SA-01-01 by accepting the Planning &Zoning Board recommendations on the wall signs, exempting Jackson's Ice Cream from all window signage and allowing existing businesses to retain their window signs until a workshop meeting could be scheduled to review the policy. The motion passed on the following 4/0 roll call vote: Commissioner McElyea-yes Vice-Mayor Chunn-yes Commissioner Mikes-yes Mayor Flury-yes 9.6 VA-15-01 — Request for Variance approval Charles Camacho to allow twin air conditioning units to be setback two feet from the rear (south) lot line (five foot setback required) for property located at 121 NE 3rd Street. A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY CHARLES CAMACHO, FROM CHAPTER 28, ZONING ARTICLE 4, SCHEDULE OF LOT, YARD AND BULK REGULATIONS, FOR PROPERTY LOCATED AT 121 NE 3RD STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Growth Management Director, explained that Mr. Camacho's request for a variance to allow twin air conditioning units to be setback two feet from the rear (south) lot line (five foot setback required) was denied by the Planning & Zoning Advisory Board. After the Planning & Zoning Advisory Board meeting, Mr. Camacho presented two (2) alternative designs for review by the City Commission. The two plans were shown for the public and Mr. Leeds explained each alternative. Mayor Flury opened the public hearing. Charles Camacho, 121 NE 3 Street, commented on his efforts to improve the property over the past eight months and he explained that the air conditioning units were installed before he was aware that he needed a variance. He mentioned that Plan A involves moving the two larger units 24", pouring four new slabs, redoing the electrical for an estimated cost of$3,800. Plan B involves moving two of the units 60 feet, the other two units 3 feet closer to the building and replacing the refrigeration line at an estimated cost of over $6,000.00. Joel Remi, 246 NE 2 Avenue, objected to the variance request due to noise impact on his residence and mentioned his communication with the City involving address, drainage and landscape screening concerns with the property during the construction process. Hearing no further comments, Mayor Flury closed the public hearing. A motion was made by Commissioner Mikes, seconded by Vice-Mayor Chunn, adopting the resolution approving VA-15-01 with Plan "B" as presented. The motion passed on the following 3/1 roll call vote: Commissioner McElyea-no Vice-Mayor Chunn-yes Commissioner Mikes-yes Mayor Flury-yes MINUTES REGULAR MEETING CITY OF DANIA BEACH 8 APRIL 10, 2001 9.7 VA-16-01 — Request for Variance approval by Doreen and John Bartley to allow construction of a garage addition, up to 12 feet in height as measured to the ceiling of the garage, with a seven foot rear yard setback (10 foot setback required) for property located at 201 SE 2"d Avenue. A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY JOHN AND DOREEN BARTLEY, FROM CHAPTER 28, ZONING ARTICLE 5, SECTION 5.44, FOR PROPERTY LOCATED AT 201 S.E. 2ND AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Growth Management Director, explained the request and advised that the Planning & Zoning Board recommended approval subject to no a/c equipment in the seven-foot rear yard setback area. Mayor Flury opened the public hearing. John Bartley, 201 SE 2"d Avenue, mentioned that the garage is being requested so that he may store a 36-foot long Airstream Trailer. Hearing no further comments, Mayor Flury closed the public hearing. A motion was made by Commissioner Mikes, seconded by Commissioner McElyea, adopting the resolution approving VA-16-01 subject to no a/c equipment in the seven-foot rear yard setback area. The motion passed on the following 4/0 roll call vote: Commissioner McElyea-yes Vice-Mayor Chunn-yes Commissioner Mikes-yes Mayor Flury-yes 9.8 a) VA-18-01 — Request for Variance approval by Richard Beidl, Agent for Port 5, LTD., to provide 20% Pervious Area (30% Required) and Generalized Landscape Variance for new 72,000 sq. ft. Office/Warehouse Building located at 2150 NE 7th Avenue (located south of Hertz Rental Car, east of the Fort Lauderdale-Hollywood Airport). A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY RICHARD BEIDL, AGENT FOR PORT 5, LTD., FROM CHAPTER 28 ZONING, ARTICLE 29 PERVIOUS AND IMPERVIOUS AREAS AND CHAPTER 26, VEGETATION, ARTICLE IV LANDSCAPING, FOR PROPERTY LOCATED AT 2150 NE 7TH AVE., DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Growth Management Director, explained that the variance request is for pervious and landscape requirements. The site plan shows a new 72,000 sq.ft. Office/Warehouse Building. Staff and the Planning & Zoning Advisory Board recommended approval of the variance and site plan subject to three conditions. Mayor Flury opened the public hearing. Richard Beidl and Charles Kelsey were present to request approval. • Hearing no further comments, Mayor Flury closed the public hearing. MINUTES REGULAR MEETING CITY OF DANIA BEACH 9 APRIL 10, 2001 A motion was made by Commissioner Mikes, seconded by Commissioner McElyea, adopting the resolution approving VA-18-01 subject to the following: (1) Provide written documentation that the applicant has contacted BCAD/FAA; (2) Fire Marshall's comments (attached); (3) Architect to provide letter (signed and sealed) indicating that he has informed the applicant and property owner that industrial uses cannot be substituted for warehouse/distribution uses due to limited parking. The motion passed on the following 4/0 roll call vote: Commissioner McElyea-yes Vice-Mayor Chunn-yes Commissioner Mikes-yes Mayor Flury-yes b) SP-03-01 — Request for Site Plan approval by Richard Beidl, Agent for Port 5, LTD., for proposed construction of a 72,000 sq. ft. Office/Warehouse Building located at 2150 NE 7t" Avenue (located south of Hertz Rental Car, east of the Fort Lauderdale-Hollywood Airport). A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY RICHARD BEIDL, AGENT FOR PORT 5, LTD., INC., FOR PROPERTY LOCATED AT 2150 NE 7TH AVE., DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Commissioner Mikes, seconded by Commissioner McElyea, adopting the resolution approving SP-03-01 subject to the following: (1) Provide written documentation that the applicant has contacted BCAD/FAA; (2) Fire Marshall's comments (attached); (3) Architect to provide letter (signed and sealed) indicating that he has informed the applicant and property owner that industrial uses cannot be substituted for warehouse/distribution uses due to limited parking. The motion passed on the following 4/0 roll call vote: Commissioner McElyea-yes Vice-Mayor Chunn-yes Commissioner Mikes-yes Mayor Flury-yes 10. COMMISSION COMMENTS: 10.1 Commissioner Bertino -absent 10.2 Commissioner McElyea mentioned the trash problems that continue to be a problem along Dania Beach Boulevard to 2"d Street from the Winn Dixie and suggested the possibility of the City Commission creating a Neighborhood Cleanup Program. He also requested that staff look into the problem of the homeless sleeping in the ficus hedges near the Walgreens and on the Jean Cook property. 10.3 Commissioner Mikes — no comments. 10.4 Vice-Mayor Chunn mentioned his plans on April 18 to review properties in the City with board members from the Habitat for Humanity Program to determine if a partnership could be created with the City to build additional homes. 10.5 Mayor Flury mentioned her plans to discuss the following items on the next agenda for April 24th: (1) changing the time of the regular meetings; (2) hiring a grant writer; (3) conducting a compliance audit during the City's audit process. 11. DISCUSSION AND POSSIBLE ACTION: 11.1 Discussion of possible amendment to beach parking requirements. (Acting City Manager) MINUTES REGULAR MEETING CITY OF DANIA BEACH 10 APRIL 10, 2001 Acting City Manager Nunemaker advised that a resident recently was approved for a beach parking sticker with a drivers license and a copy of a tax bill. Discussion followed on what constitutes a homestead and residency in the City. The City Commission generally agreed that a person should show identification that they live in the City in order to be granted a beach sticker. A tax bill would not be sufficient because it shows ownership of property but does not provide confirmation that the person lives in the City. Mayor Flury requested that Acting City Manager Nunemaker check into beach revenues to see if they have decreased since the installation of the automated parking meters. 11.2 Reduction of legal fees and implementation of Request for Legal Services (RLS). (Acting City Manager) Acting City Manager Nunemaker presented the RLS form as a way to control and minimize legal fees with the City Attorney's office. City Attorney Ansbro advised of his intentions to take a pro-active approach to reducing the legal fees and mentioned that the City's Codes are very antiquated, which has increased legal work. The City has also implemented cost recovery with developers on some projects. He agreed that the form would be a good idea because the necessary backup materials could be attached, which would reduce his time locating documents. 11.3 Discussion of closing Park Street for additional parking for City Hall. (Acting City Manager) Acting City Manager Nunemaker withdrew Item 11.3. Item 11.4 was heard after Item 7.4 11.4 Discussion regarding setting public hearing date for proposed "Stealth Antenna" Amendments to Telecommunication Ordinance. (Staff) Laurence Leeds, Growth Management Director, explained that "Stealth Antenna" are currently prohibited in all single-family and two-family residential districts and that the proposed text amendment would not change this policy. Currently, the Planning & Zoning Board and the City Commission review stealth antennas on a case-by-case basis in the following zoning districts: 1) Apartments and Condominiums zoned R-M, RM-1, RM-2 and R-M3. 2) Business and Commercial Uses zoned C-2, C-3, C-4 and B-3. 3) Industrial Uses zoned IRO, IR, IG and IROM. Mr. Leeds advised that the only change that would result if the proposed amendment is eventually approved would be to allow stealth antennas in Meadowbrook Condominium. Most other condominium and apartment complexes in the City are already zoned for this use. Meadowbrook's current zoning designation of (R-3A) does not permit stealth antennas without a text change. Mr. Leeds indicated that Voicestream Wireless was denied a Special Exception application to locate a "Stealth Antenna" on top of Meadowbrook Condominium "B" in July 2000. Voicestream subsequently appealed the decision September 26, 2000, which was also denied. The City Commission MINUTES REGULAR MEETING CITY OF DANIA BEACH 11 APRIL 10, 2001 subsequently directed staff to prepare a text amendment to allow stealth antennas in Meadowbrook Condominum subject to various limitations. Mr. Leeds advised that the draft ordinance would allow up to eight (8) stealth rooftop or building mounted stealth antennas from one provider as a Special Exception with certain conditions. Based on the proposed minimum separation requirement of 1000 feet between antennas in multi-family districts only one stealth antenna array could be granted for the Meadowbrook Condominium. City Attorney Ansbro commented on several methods used by telecommunications companies to install antennas on poles and to address the aesthetic issues. He advised that FCC (Federal Communications Commission) controls the use of the antennas and that cites, counties and states are required to give reasonable access to the telecommunications companies. Commissioner Mikes advised that the City has the most restrictive ordinance in Broward County as stealth antennas are not allowed anywhere without going through a rigorous Special Exception approval process. Although this was not an advertised public hearing, Mayor Flury allowed public comments: Chickee Brandimarte, 101 SE 3 Avenue, Meadowbrook Condominium, presented a petition with some 500 signatures from residents throughout the City opposing telecommunications towers and antennas in residential areas. Ralph Viviano, 131 SE 3 Avenue, Meadowbrook Condominium Phase IV, explained that his Condominium Association is in favor of the Voicestream antenna request as a revenue source to cover maintenance costs of the buildings, utility costs and high insurance premiums for the association. Mr. Viviano advised that there are many residents in his association that are watching on television tonight who are in favor of the antenna because they are on fixed incomes and know that the additional income is needed for operating costs. Mr. Viviano pointed out that a petition was supplied to the City months ago with signatures supporting the antenna. Commissioner Mikes explained that the telecommunications companies desire to construct antennas on high buildings rather than building freestanding towers and that they are not interested in single family neighborhoods. He pointed out that the City cannot exceed certain restrictions of the law and that the antenna request should go to the public hearing so that everyone can be heard and safety issues can be addressed. A motion was made by Commissioner Mikes, seconded by Commissioner McElyea, directing staff to present the text change ordinance at a full public hearing to allow open testimony from all residents. The motion passed on the following 4/0 roll call vote: Commissioner McElyea-yes Vice-Mayor Chunn-yes Commissioner Mikes-yes Mayor Flury-yes Item 5.1 was heard after Item 11.4. Item 11.5 was heard after Item 11.3. 11.5 Discussion of status of City's airport EIS response due on April 20, 2001. (Commissioner Mikes) MINUTES REGULAR MEETING CITY OF DANIA BEACH 12 APRIL 10, 2001 City Attorney Ansbro explained that a Special Meeting was held April 9th with Attorney Doug Halsey and Attorney Erik Swensen, White & Case, LLP, to discuss their legal comments and a proposed letter to be sent to the Federal Aviation Administration regarding the draft Environmental Impact Statement for the Proposed Expansion of Runway 9R-27L, Ft. Lauderdale-Hollywood International Airport. The environmental, water and air quality revisions requested by the City Commission at last night's meeting have been incorporated in the revised draft that was provided tonight from Attorney Erik Swensen, which also includes the letter going out under the Mayor's signature. City Attorney Ansbro advised the public that the residents in the City can also send letters to the FAA by April 20th and that the address for FAA is available in the City Manager's office. Commissioner Mikes mentioned that Jay Field, Chairman of the Airport Advisory Board, presented a drawing at last night's meeting of noise contours for a 737-200 Aircraft, which clearly showed that a 65 LDN (decibal noise) on a single event take off will be carried all the way to Sheridan Street. He pointed out that the public needs to realize that most of the City is being impacted by the expansion of Runway 9R-27L either through the negative environmental, water or air quality impacts or by the noise pollution. Commissioner Mikes suggested that the first priority should be to revise the last paragraph in the draft letter to include language encouraging further studies by the DEIS of the North Runway alternatives since these areas include primarily industrial and commercial properties. Language should be included that the City of Dania Beach believes that Alternatives A & B would impose a less impact to the residents from a pollution standpoint and that the City wants additional studies on dispersion modeling of the South Runway proposal. Commissioner Mikes stated that FAA wants to discourage Alternatives A and B because they have to knock down some buildings to use that approach, however, the impact would be less on residential neighborhoods. Acting City Manager Nunemaker advised that a Special Meeting could be scheduled April 17th at 7:00 p.m. in order to address additional comments that the City Commission may want to include in the EIS response. Mayor Flury mentioned that the impact on West Lake Park has been mentioned in the report and that there may be a need to look at whether John Lloyd Park should also be included. The City Commission generally agreed that the comments mentioned at this meeting should be included in the report by White & Case, LLP and that the City Commission should receive the revised report for further comments or changes prior to mailing the report in final form to the FAA by the April 20th deadline. 11.6 Discussion of status of City Manager employment search. (Commissioner Mikes) Acting City Manager Nunemaker presented a draft advertisement for the City Manager position. Commissioner Mikes suggested that a workshop meeting be scheduled with representatives from ICMA (International City Managers Association) and that the advertisement include information that Dania Beach is a diverse community with Main Street and historical aspects and that the position will require a "hands on" type of person. Acting City Manager Nunemaker agreed to contact George Hanberry and Dick Black, ICMA, so as to schedule a workshop with the City Commission and to also utilize Govern mentJobs.com on the Internet and Nations Weekly for searching for a City Manager. MINUTES REGULAR MEETING CITY OF DANIA BEACH 13 APRIL 10, 2001 11.7 Discussion of RFP for Pier Restaurant. (City Manager) Discussion followed on whether to advertise for bids for architectural design plans for a pier restaurant or an RFP for a design-build that would include an architect and builder. City Attorney Ansbro advised that anything over$25,000.00 has to be bid out in accordance with the law. Commissioner Mikes mentioned that the previous City Commission had hired an architect to prepare plans for a restaurant shell, bait shop and restrooms at the pier and that those plans should be reviewed by the current City Commission. Acting City Manager Nunemaker agreed to schedule a workshop meeting with Architect Neal Aronson who presented architectural designs in 1998 so that the City Commission could review the previous design and gather further information before making a decision on advertising for the project. 12. APPOINTMENTS: 12.1 Appointment of 12 members to the Airport Advisory Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF MEMBERs TO THE "AIRPORT ADVISORY BOARD;" PROVIDING THAT SAID MEMBERS SHALL SERVE TWO (2) YEAR TERMS EXPIRING 12:00 NOON, MARCH 18, 2003; PROVIDING for CONFLICTs; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." Commissioner Mikes reappointed Gary Luedtke, Cathy David and Victor Lohmann. Commissioner McElyea reappointed Paul Guidry and Irvin Witz. Deputy Clerk Johnson advised Commissioner McElyea that Jay topper was unable to serve again due to health reasons. Vice-Mayor Chunn appointed Beulah Lair and Ray Davenport. Mayor Flury appointed Jay Field. Mayor Flury explained that Commissioner Bertino had requested that she present the reappointment of Zackary Adams since he was out-of-town and unable to attend tonight's meeting. A motion was made by Commissioner Mikes, seconded by Commissioner McElyea, adopting a resolution approving all appointments as submitted. The motion passed on the following 4/0 roll call vote: Commissioner McElyea-yes Vice-Mayor Chunn-yes Commissioner Mikes-yes Mayor Flury-yes 12.2 Appointment of 5 members to the Budget Advisory Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF FIVE (5) memberS to the BUDGET ADVISORY board; PROVIDING THAT SAID MEMBERS SHALL SERVE TWO (2) YEAR TERMS EXPIRING 12:00 NOON, MARCH 18, 2003; PROVIDING for CONFLICTs; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." Commissioner Mikes continued his appointment. MINUTES REGULAR MEETING CITY OF DANIA BEACH 14 APRIL 10, 2001 Commissioner McElyea reappointed Myrtle Corbin. Vice-Mayor Chunn appointed Ruby Ferguson. Mayor Flury advised that Commissioner Bertino had requested that she present the reappointment of Eugene Jewell to the Budget Advisory Board. Mayor Flury continued her appointment. A motion was made by Commissioner Mikes, seconded by Commissioner McElyea, adopting a resolution approving all appointments as submitted. The motion passed on the following 4/0 roll call vote: Commissioner McElyea-yes Vice-Mayor Chunn-yes Commissioner Mikes-yes Mayor Flury-yes 12.3 Appointment by Commission of one (1) Alternate for citizen member to the Civil Service Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF one (1) Alternate for the citizen member to the civil service board; PROVIDING THAT SAID MEMBER SHALL COMPLETE a FOUR-YEAR TERM FROM april 1, 2000 through april 1, 2004; PROVIDING for CONFLICT; FURTHER, PROVIDING FOR an EFFECTIVE DATE." Appointment continued to April 24, 2001 meeting. 12.4 Appointment by Commission of 1 Business Person member and 2 Alternate members to the Code Enforcement Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF ONE (1) BUSINESS PERSON MEMBER AND TWO (2) ALTERNATE memberS to the CODE ENFORCEMENT BOARD; PROVIDING THAT SAID BUSINESSS PERSON SHALL COMPLETE A THREE (3) YEAR TERM ENDING NOVEMBER 11, 2001, AND THAT TWO ALTERNATE MEMBERS SHALL COMPLETE THREE (3) YEAR TERMS EXPIRING sEPTEMBER 8, 2001; PROVIDING for CONFLICTs; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." Mayor Flury nominated Gary Luedtke in the member position. A motion was made by Commissioner Mikes, seconded by Commissioner McElyea, adopting a resolution approving the appointment of Gary Luedtke in the Business Person position on the Code Enforcement Board. The motion passed on the following 4/0 roll call vote: Commissioner McElyea-yes Vice-Mayor Chunn-yes Commissioner Mikes-yes Mayor Flury-yes 12.5 Appointment of 10 members to Dania Economic Development Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF MEMBERs TO THE "DANIA ECONOMIC DEVELOPMENT BOARD;" PROVIDING THAT SAID MEMBERS SHALL complete TWO (2) YEAR TERMS EXPIRING MINUTES REGULAR MEETING CITY OF DANIA BEACH 15 APRIL 10, 2001 12:00 NOON, MARCH 18, 2003; PROVIDING for CONFLICTs; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." Commissioner Mikes continued his two appointments. Commissioner McElyea reappointed S. Charles Garofalo and Joel Azrikan. Vice-Mayor Chunn appointed Lisa Drake and Jackie Ford. Mayor Flury appointed Patricia Hart and Joseph Schubert, Jr. A motion was made by Commissioner Mikes, seconded by Commissioner McElyea, adopting a resolution approving all appointments as submitted. The motion passed on the following 4/0 roll call vote: Commissioner McElyea-yes Vice-Mayor Chunn-yes Commissioner Mikes-yes Mayor Flury-yes 12.6 Appointment by Mayor of 1 member to Dania Beach Housing Authority. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF A MEMBER TO THE DANIA BEACH HOUSING AUTHORITY; PROVIDING THAT SAID MEMBER SHALL COMPLETE A FOUR-YEAR TERM ENDING MAY 31, 2003; PROVIDING for CONFLICTs; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." Mayor Flury appointed Kathryn Philpart. A motion was made by Commissioner Mikes, seconded by Commissioner McElyea, adopting a resolution confirming the Mayor's appointment of Kathryn Philpart to the Dania Beach Housing Authority. The motion passed on the following 4/0 roll call vote: Commissioner McElyea-yes Vice-Mayor Chunn-yes Commissioner Mikes-yes Mayor Flury-yes 12.7 Appointment by City Commission of one Commissioner representative to the General Employees' Pension Board "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF , AS CITY COMMISSIONER REPRESENTATIVE TO THE "GENERAL EMPLOYEES' PENSION BOARD;" PROVIDING THAT SAID COMMISSIONER REPRESENTATIVE SHALL SERVE A FOUR-YEAR TERM EXPIRING MARCH 15, 2005; PROVIDING for CONFLICTs; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." Commissioner Mikes nominated Mayor Flury. 0 A motion was made by Commissioner Mikes, seconded by Commissioner McElyea, adopting a resolution approving the appointment of Mayor Flury as Commissioner Representative on the General Employees Pension Board. The motion passed on the following 4/0 roll call vote: Commissioner McElyea-yes Vice-Mayor Chunn-yes Commissioner Mikes-yes Mayor Flury-yes 12.8 Appointment of 10 members to Human Relations Board. MINUTES REGULAR MEETING CITY OF DANIA BEACH 16 APRIL 10, 2001 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF MEMBERs TO THE "HUMAN RELATIONS BOARD;" PROVIDING THAT SAID MEMBERS SHALL SERVE TWO (2) YEAR TERMS EXPIRING 12:00 NOON, MARCH 18, 2003; PROVIDING for CONFLICTs; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." Commissioner Mikes reappointed Judy Usifer and continued his second appointment. Commissioner McElyea reappointed Florence Santuccio and Robert G. Adams. Vice-Mayor Chunn appointed Rose Belser and Melissa Parker. Mayor Flury advised that Commissioner Bertino had requested that she present the reappointment of Robert W. Kovacs since he was out-of-town and unable to attend tonight's meeting. Mayor Flury appointed Joseph Schubert, Jr. and Margaret Smart. A motion was made by Commissioner Mikes, seconded by Commissioner McElyea, adopting a resolution approving all appointments as submitted. The motion passed on the following 4/0 roll call vote: Commissioner McElyea-yes Vice-Mayor Chunn-yes Commissioner Mikes-yes Mayor Flury-yes 12.9 Appointment of 15 members to the Marine Advisory Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF MEMBERS TO THE "MARINE ADVISORY BOARD;" PROVIDING THAT SAID MEMBERS SHALL SERVE TWO (2) YEAR TERMS EXPIRING 12:00 NOON, MARCH 18, 2003; PROVIDING for CONFLICTs; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." Commissioner Mikes reappointed Kate Gaskill, Cindy Calhoun and William Wosenitz. Commissioner McElyea reappointed Cecil Smart, Debbie Helmlinger, and Bernard Swindell. Vice-Mayor Chunn appointed Craig McAdams, Tony Moultry and Patrick Schilling. Mayor Flury advised that Commissioner Bertino had requested that she present the reappointment of Donald Dones and Craig McAdams since he was out-of-town and unable to attend tonight's meeting. It was noted that Craig McAdams was not able to be reappointed by Commissioner Bertino because he was appointed by Vice-Mayor Chunn. Mayor Flury appointed Glenn Germaine, Raymond Lair and Charlie McKenna. A motion was made by Commissioner Mikes, seconded by Commissioner McElyea, adopting a resolution approving all appointments as submitted. The motion passed on the following 4/0 roll call vote: Commissioner McElyea-yes Vice-Mayor Chunn-yes Commissioner Mikes-yes Mayor Flury-yes 0 MINUTES REGULAR MEETING CITY OF DANIA BEACH 17 APRIL 10, 2001 12.10 Appointment of five (5) members (One from each City Commissioner) and two (2) Alternate ® members by the City Commission to the Nuisance Abatement Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF FIVE (5) MEMBERs AND TWO (2) ALTERNATE MEMBERS TO THE "NUISANCE ABATEMENT BOARD;" PROVIDING THAT SAID MEMBERS SHALL SERVE TWO (2) YEAR TERMS EXPIRING 12:00 NOON, MARCH 18, 2003; PROVIDING for CONFLICTs; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." Commissioner Mikes continued his appointment. Commissioner McElyea reappointed Cari Kresa. Vice-Mayor Chunn appointed Rev. Tannie Lewis. Mayor Flury advised that Commissioner Bertino had requested that she present the reappointment of June Silvernale since he was out-of-town and unable to attend tonight's meeting. Mayor Flury appointed Janice Peterman. The Commission agreed to reappoint Sophie Steele as Alternate. The second Alternate was continued. A motion was made by Commissioner Mikes, seconded by Commissioner McElyea, adopting a resolution approving all appointments as submitted. The motion passed on the following 4/0 roll call vote: ® Commissioner McElyea-yes Vice-Mayor Chunn-yes Commissioner Mikes-yes Mayor Flury-yes 12.11 Appointment of 5 members to the Occupational License Review Advisory Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF MEMBERS TO THE OCCUPATIONAL LICENSE REVIEW ADVISORY BOARD;" PROVIDING THAT SAID MEMBERS SHALL complete TWO (2) YEAR TERMS EXPIRING 12:00 NOON, MARCH 18, 2003; PROVIDING for CONFLICTs; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." Commissioner Mikes continued his appointment. Commissioner McElyea reappointed Cari Kresa. Vice-Mayor Chunn appointed Gloria Fernander. Mayor Flury appointed Chris Barile. A motion was made by Commissioner McElyea, seconded by Vice-Mayor Chunn, adopting a resolution approving all appointments as submitted. The motion passed on the following 4/0 roll call vote: Commissioner McElyea-yes Vice-Mayor Chunn-yes Commissioner Mikes-yes Mayor Flury-yes 12.12 Appointment of 15 members to Parks, Recreation and Community Affairs Advisory Board. MINUTES REGULAR MEETING CITY OF DANIA BEACH 18 APRIL 10, 2001 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING ® THE APPOINTMENT OF FIFTEEN (15) MEMBERS TO THE "PARKS, RECREATION AND COMMUNITY AFFAIRS ADVISORY BOARD;" PROVIDING THAT SAID MEMBERS SHALL complete TWO (2) YEAR TERMS EXPIRING 12:00 NOON, MARCH 18, 2003; PROVIDING for CONFLICTs; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." Commissioner Mikes reappointed Joseph Schubert, Jr. and continued his other two appointments. Commissioner McElyea reappointed Beulah Lair, Fran Ragusa and Mary Barrett. Vice-Mayor Chunn appointed Rose Middleton, Mae Rhemes and Joan Larson. Mayor Flury advised that Commissioner Bertino had requested that she present the reappointment of Judy Jensen and Chip Brockman since he was out-of-town and unable to attend tonight's meeting. Mayor Flury appointed Patricia Hart and Lisa Drake. A motion was made by Commissioner Mikes, seconded by Commissioner McElyea, adopting a resolution approving all appointments as submitted. The motion passed on the following 4/0 roll call vote: Commissioner McElyea-yes Vice-Mayor Chunn-yes Commissioner Mikes-yes Mayor Flury-yes 12.13 Appointment of four (4) citizen members to Police & Fire Pension Board. ® "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF four (4) citizen MEMBERs TO THE "POLICE AND FIRE PENSION BOARD;" PROVIDING THAT SAID MEMBERS SHALL SERVE TWO (2) YEAR TERMS EXPIRING 12:00 NOON, MARCH 18, 2003; PROVIDING for CONFLICTs; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." A motion was made by Commissioner McElyea, seconded by Vice-Mayor Chunn, adopting a resolution approving the reappointment of all four (4) members to the Police & Fire Pension Board. The motion passed on the following 4/0 roll call vote: Commissioner McElyea-yes Vice-Mayor Chunn-yes Commissioner Mikes-yes Mayor Flury-yes 12.14 Appointment of three (3) members (1 Electrical Contractor, 1 Engineer, and 1 General Building Contractor)to Unsafe Structures Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF THREE (3) MEMBERs TO THE "UNSAFE STRUCTURES BOARD;" PROVIDING THAT SAID MEMBERS SHALL SERVE THREE (3) YEAR TERMS EXPIRING MARCH 11, 2004; PROVIDING for CONFLICTs; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." Laurence Leeds, Growth Management Director, had no objection with the existing three (3) members serving again on the board. MINUTES REGULAR MEETING CITY OF DANIA BEACH 19 APR/L 10, 2001 A motion was made by Commissioner Mikes, seconded by Commissioner McElyea, adopting a resolution approving the reappointment of the three (3) existing members to the Unsafe Structures Board. The motion passed on the following 4/0 roll call vote: Commissioner McElyea-yes Vice-Mayor Chunn-yes Commissioner Mikes-yes Mayor Flury-yes 12.15 Confirmation of Voting Delegate to N.O.I.S.E. (National Organization to Insure a Sound Environment.) A motion was made by Commissioner McElyea, seconded by Vice-Mayor Chunn, appointing Commissioner Mikes to serve as City Representative on N.O.I.S.E. The motion passed on the following 4/0 roll call vote: Commissioner McElyea-yes Vice-Mayor Chunn-yes Commissioner Mikes-yes Mayor Flury-yes 13. ADMINISTRATIVE REPORTS: 13.1 City Manager- Jason Nunemaker, Acting City Manager, mentioned his desire to schedule a Workshop Meeting April 17th at 7:00 p.m. for budget visioning session. Commissioner Mikes commended Acting City Manager Nunemaker for his efforts filling the City Manager position. 13.2 City Attorney Ansbro requested Attorney/Client sessions for April 24th for the Bruckner, JJ Kelly and Konschnick litigation cases and he requested that they begin at 7:00 p.m. and scheduled 15 minutes apart. City Attorney Ansbro advised that there was over $20,000.00 owing by the Mr. Magazzu on Code violations and that the City Commission resolved the matter by instructing the owners to repair two seawalls on five of their properties. According to Ken Koch, Building Official, Mr. Magazzu has completed the repair of one seawall and are proceeding with finishing the other seawall. Mr. Magazzu is now requesting a Partial Release of Lien on one of the parcels in order to sell it. City Attorney Ansbro advised that he could prepare a Partial Release document that could include the condition that the money or proceeds from the sale be put back into the completion of the other seawall repair. A motion was made by Commissioner McElyea, seconded by Vice-Mayor Chunn, approving the Partial Release of Lien with the condition as submitted by City Attorney Ansbro. The motion passed on the following 4/0 roll call vote: Commissioner McElyea-yes Vice-Mayor Chunn-yes Commissioner Mikes-yes Mayor Flury-yes 14. ADJOURNMENT This meeting adjourned at 10:58 p.m. "ACTINd CITY CLE K MAYOR-COMMISSIONER Respectfully submitted: Charlene Johnson Deputy City Clerk MINUTES REGULAR MEETING CITY OF DANIA BEACH 20 APRIL 10, 2001