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HomeMy WebLinkAbout1749 - MINUTES - City Commission MINUTES DANIA BEACH CITY COMMISSION SPECIAL MEETING SEPTEMBER 12, 2001 1. CALL TO ORDER Mayor Flury opened the meeting at 7:00 p.m. and explained that the Special Meeting included the proposed budget items and continued items from the September 11 Regular Meeting. 2. ROLL CALL Present: 4 Mayor: Pat Flury Vice-Mayor: Robert Chunn Commissioners: John Bertino C.K. McElyea Bob Mikes City Attorney: Tom Ansbro Acting City Manager: Jason Nunemaker Acting City Clerk: Charlene Johnson Commissioner Mikes requested a moment of silence for all of the thousands of public safety personnel and citizens who had died in the recent terrorist attacks on America. �. Proposed Millage and Budget 200112002 3.1 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AS REQUIRED BY THE CITY CHARTER AND SECTION 200.065, FLORIDA STATUTES, APPROVING THE PROPOSED MILLAGE RATE NECESSARY TO BE LEVIED FOR THE FISCAL YEAR 2001-02; AND PROVIDING FOR A PUBLIC HEARING WHEN OBJECTION THERETO WILL BE HEARD AND QUESTIONS CONCERNING SAME WILL BE ANSWERED; AND REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Dave Keller, Finance Director, presented a brief overview of the proposed budget and explained that the millage rate (6.1999) must be set and adopted by resolution before the proposed budget resolution could be addressed and that public hearings would be conducted. The final budget hearing would be advertised and was scheduled for September 25, 2001, at 6:00 p.m. City Attorney Ansbro read the title of the Resolution approving the proposed millage rate and the following for the record: "The proposed millage rate set by the City Commission of the City of Dania Beach on July 26, 2001, is 6.1999 mills,which will generate General Fund revenues of nine million, eight hundred seventy-eight thousand, one hundred ninety-five dollars ($9,878, 195), representing a 12.94% increase over the rolled-back rate of 5.4895 mills. The specific purposes for the increase are to raise additional revenues for the General Fund to assist in reducing the difference between the General Fund Revenues and the General Fund Expenditures and to maintain and/or increase services to the citizens of Dania Beach." MINUTES 1 SPECIAL MEETING n SEPTEMBER 12, 2001 • Mayor Flury opened the public hearing on the millage rate. Hearing no one speak in favor or opposition, Mayor Flury closed the public hearing. A motion was made by Commissioner Bertino, seconded by Vice-Mayor Chunn, setting the millage rate at 6.1999 for the fiscal year 2001/02. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes Commissioner Mikes-yes For the record, Mayor Flury stated the following: "Based on the proposed millage rate of 6.1999, the percentage increase in property taxes over the rolled back rate of 5.4895 mills, which is being tentatively adopted by the City of Dania Beach Commission is 12.94%." A motion was made by Commissioner Bertino, seconded by Vice-Mayor Chunn, adopting the resolution approving the millage rate of 6.1999 for the fiscal year 2001/02. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes Commissioner Mikes-yes 3.2 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AS REQUIRED BY THE CITY CHARTER AND SECTION 200.065, FLORIDA STATUTES, APPROVING ITS TENTATIVE ANNUAL BUDGET FOR THE FISCAL YEAR 2001-02; AND PROVIDING FOR A PUBLIC HEARING WHEN OBJECTIONS THERETO WILL BE HEARD AND QUESTIONS CONCERNING SAME WILL BE ANSWERED; AND REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Flury read the title of the Resolution and opened the public hearing. Kathy Cox, business owner of Asker Inn at 350 West Dixie Highway, mentioned that she was not notified of the street closing programs being implemented by the City for SW 4"Avenue and Sheridan Street that is expected to curtail crime and drug trafficking. Ms. Cox opposed the street closings based on the adverse affect it may have on her business and suggested to first close 14th and 15th Street along SW 4th Avenue and improve the street lighting. Mayor Flury advised that the street closings are scheduled temporarily for a six month period to allow time to evaluate the benefits to the community. Valerie Crawford, representing Twin Oaks Homeowners Association, questioned the garbage collection fees listed on the proposed tax bill. Acting City Manager Nunemaker agreed to send a letter acknowledging that the City will honor existing garbage contracts and that the City's MINUTES 2 SPECIAL MEETING SEPTEMBER 12, 2001 consultant, GSG, erroneously billed units individually. Mr. Nunemaker explained that the City's proposed Capital Improvement Program would provide benefits to all residents with the improvements to the Public Works Compound, expansion of water lines and public works services, a new community center, lease of a new fire station with Hollywood and construction of a new fire station, and a master plan for future park enhancements. Mr. Nunemaker explained that response time for Fire and EMS rescue would be better for the newly annexed area if the City is able to obtain a lease for the Hollywood Fire Station on Stirling Road. Commissioner Mikes mentioned that Hollywood's millage rate is almost 7 mills and that the City's millage is much lower this year. There are plans in the budget to make Capital Improvements to all areas in the City and he mentioned that a swimming pool would be built at Patrick J. Meli Park, which would serve the newly annexed area. Shirley Pendercook, Family Central, presented background information on Family Central, the largest child welfare agency in the State of Florida, and requested that the City donate $9,624 for the program this year to serve an estimated 85 children from Dania Beach. Acting City Manager Nunemaker advised that Broward County has established a separate taxing district for children services and that the City has, in the past few years, donated revenues received from the bus benches and bus shelters in the City to the Area Agency on Aging and Family Central. Mr. Nunemaker explained that the RFP for bus benches and shelters in the City would be advertised shortly and that he was unable to determine a revenue amount until after the bids were obtained. Ms. Pendercook advised that the Broward County program is still in its planning stages and that • there are no answers as to how the program will fund needed services. Commissioner Mikes mentioned that there are so many worthy organizations that service senior citizens, children and health problems in the City. He recommended that the matter be turned over to'the Human Relations Board for a recommendation to be obtained on how to use the revenues from the bus bench and bus shelter programs for the Family Central program. Commissioner Bertino pointed out that Dania Beach has a higher number of poor to low income residents compared to other Broward cities, which decreases the City's Ad Valorem taxes to assist with donations to programs such as Family Central. Mayor Flury mentioned that a half-cent tax was approved over a year ago and that there should be ample funds to assist with the needed programs in the County. Acting City Manager Nunemaker agreed to provide further information on September 251h in regards to the Broward County Children's services tax and the City Commission referred the request to the Human Relations Board for a recommendation on this year's revenues from the bus bench,and bus shelter programs. Albert Jones, 722 SW 3 Street, was supportive-of the City's actions to allocate $100,000 in the budget to fund the street closure program in the southwest section to reduce crime and drug trafficking. However, Mr. Jones suggested that more information be provided to the residents being impacted by the street closings and that a traffic study be conducted to determine the traffic impact to Phippen-Waiters Road before and after the program is implemented. • Commissioner Mikes mentioned his attendance at civic association meetings in the southwest MINUTES 3 SPECIAL MEETING SEPTEMBER 12, 2001 section and that drug trafficking is a major problem. He mentioned the need to provide some funding for the area to assist with the crime problems. Acting City Manager Nunemaker advised that traffic counts would be conducted before and after the street programs begin by the Growth Management Department and that BSO would be monitoring the areas as well over the temporary six month period and adjustments would be made as the street program progresses. Albert Jones stated that just because certain areas receive CDBG (Community Development Block Grant) funding for improvements does not mean that the areas do not also need Ad Valorem Tax assistance for assistance. Teddy Bohannan stated that the street closing program had been in progress for over two years and that meetings were conducted in the area to notify residents of the streets that would be closed. She stressed the importance of people to realize that crime and drug trafficking must be wiped out in the southwest section to make it a better place for residents to live. Hearing no further comments, Mayor Flury closed the public hearing. A motion was made by Commissioner Bertino, seconded by Vice-Mayor Chunn, adopting the resolution approving the tentative budget for the fiscal year 2001/02 with the understanding that the tentative budget would be attached to the resolution. Commissioner Mikes mentioned that the increase in the budget also relates to the additional homestead exemption extended to senior citizens this fiscal year and that he is voting against the budget because the high rate of increases for the Fire Department was not dealt with in this budget. The motion passed on the following 3/2 roll call vote: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-no Mayor Flury-yes Commissioner Mikes-no AT THIS TIME, THE CITY COMMISSION HEARD THE AGENDA ITEMS CONTINUED FROM THE SEPTEMBER 11, 2001, REGULAR MEETING 5. PRESENTATIONS AND SPECIAL EVENT APPROVALS: 5.1 Request by Tonya Traylor, President of Ridin Out, Inc., for Special Event approval to hold three car shows at Boomer's on September 30, October 14 and October 28, 2001. (Staff) Laurence Leeds, Growth Management Director, recommended approval subject to the recommendations provided in his backup memorandum. Tonya Traylor, President, Ridin Out, Inc., advised that three car shows are expected to be conducted on the six-acre field adjacent to the Rollercoaster at Boomers, which would feature classic and customized vehicles. The events would include DJ's, food, entertainment and video game competitions throughout the park that would be supported by Boomers and security would be doubled to handle the crowds. No alcohol �ould be served and operating hours would be 12:00 noon to 9:00 p.m. MINUTES 4 SPECIAL MEETING SEPTEMBER 12, 2001 A motion was made by Commissioner McElyea, seconded by Commissioner Bertino, approving the Special vent with staff recommendations as follows: 1. Prior to erection of any tents, applicant shall obtain Fire Department and/or Building Division approval of tent location and material. 2. Applicant shall provide off-duty fire rescue detail as required by the Fire Department. 3. Applicant shall provide off-duty sheriff's deputies, as directed by BSO, to address security and traffic concerns. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes Commissioner Mikes-yes 5.2 Request by Don Drybread, Santa's Magical Village, to hold Halloween and Christmas Special • Events from October 12, 2001 to January 6, 2002. (Staff) Laurence Leeds, Growth Management Director, explained the location where Mr. Drybread would like to obtain for Santa's Magical Village starting October 12th this year. Mr. Leeds pointed out 13 recommendations in his backup memorandum that must be met before the event could open as well as requirements by the Building Official. Mr. Leeds cautioned supporting the event without comments being received from the Police and Fire Rescue personnel. He pointed out that Mr. Drybread would have to provide additional gravel or fill in the area to support the proposed large vehicles and $1,500 for cost- recovery for landscaping. Mr. Drybread would also have to remove some Australian Pines from the subject ea. Mr. Leeds advised the City Commission that they must determine whether eight (8) recreational Wehicles would be allowed this year compared to four (4) last year and whether two (2) free-standing tractor trailers with camouflage netting would be allowed on the site. Don Drybread advised that he had worked out all requirements with BSO and the Fire Department and would adhere to all preparations for the site before opening the carnival event. An existing Critter Control contract exists for the. site to trap the animals prior to clearing the property and that the road ways are covered as well. In regards to the eight (8) recreational vehicles, he advised that three (3) vehicles would be placed across the east side of the property towards Florida Silica Sand to secure the area and the area would be mowed. The hours of operation are anticipated for 5:30 p.m. to 11:00 p.m. or midnight and a little later for Halloween and security would be provided in accordance with BSO. Discussion followed on Mr. Drybread working with Bill Tesauro, City's Landscape Architect, in regards to whether fill would be needed and the pruning of the trees on the site. A motion was made by Vice-Mayor Chunn, seconded by Commissioner Bertino, approving Santa's Magical Village from October 12 to January 6, 2002, subject to all staff recommendations provided in the backup, memorandums from BSO and Fire Rescue outlining their requirements, the inclusion of eight (8) recreational vehicles with approval by BSO and Fire Rescue, two (2) semi-trailers in addition to the ride trailers and security to be provided at the discretion of BSO. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Chunn-yes commissioner McElyea-yes Mayor Flury-yes ommissioner Mikes-yes MINUTES 5 SPECIAL MEETING SEPTEMBER 12, 2001 �t this time, Items 9.8 and 9.9 were addressed so that Mr. Leeds could return to the ongoing Planning & oning Board meeting taking place in the Conference Room. Item 7 was heard after Item 9.9. Commissioner Mikes pulled Items 7.6 and 7.7 from the Consent Agenda. 7. CONSENT AGENDA (including expenditures): Bills - none Minutes: .7.1 Approval of minutes for August 27, 2001, workshop meeting. 7.2 Approval of minutes for August 28, 2001, regular meeting. Travel Expenditures: 7.3 September 20-22- Approval for Mayor Flury to attend Urban Waterways Development seminar in Brooklyn, NY. Resolutions: 7.4 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE SCHEDULE OF . PERMIT FEES FOR CONSTRUCTION TO DELETE THE FEE FOR ANNUAL REGISTRATION OF CONTRACTORS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE INTERLOCAL AGREEMENT WITH BROWARD COUNTY AND THE CITY OF DANIA BEACH RELATED TO ANNEXATION OF THE "SOUTH CENTRAL UNINCORPORATED AREA"; PROVIDING FOR THE ANNEXATION OF PORTIONS OF UNINCORPORATED BROWARD COUNTY DESCRIBED IN SECTIONS 1, 3 AND 4 OF CHAPTER 2000-474, LAWS OF FLORIDA (2000), BEING ANNEXED INTO THE MUNICIPAL BOUNDARIES OF THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Commissioner McElyea, seconded by Vice-Mayor Chunn, approving the Consent Agenda with the exception of Items 7.6 and 7.7. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes Commissioner Mikes-yes ITEMS PULLED FROM THE CONSENT AGENDA: • MINUTES 6 SPECIAL MEETING SEPTEMBER 12, 2001 7.6 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ESTABLISHING THE CITY'S • POLICY ON BRIDGES, UTILITY CROSSINGS OR ANY OTHER STRUCTURES AFFECTING NAVIGATION ON THE WATERS WITHIN THE CITY OF DANIA BEACH AND NOTIFYING PERMITTING AGENCIES OF SUCH POLICY AND REQUESTING NOTIFICATION AND INCLUSION IN ANY SUCH CONSIDERATIONS. Commissioner Mikes presented some language to be included in the "Whereas" clauses for the Resolution that would be drafted by Acting City Clerk Johnson. A motion was made by Commissioner Mikes, seconded by Commissioner McElyea, adopting the resolution. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes Commissioner Mikes-yes Ordinances —Title to be read by city attorney 7.7 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES RELATING TO RETIREMENT DATES, PROVIDING THAT MEMBERS MAY ATTAIN VESTED STATUS IN THE PENSION PLAN ON COMPLETION OF'EIGHT (8) YEARS OF CREDITED SERVICE; PROVIDING FOR CONFLICTS; PROVIDING A SAVINGS CLAUSE; • FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (First Reading) Commissioner Mikes mentioned that companies in the private sector are cutting benefits and that medical costs in the future maybe of concern. He was of the opinion that the 8 year vesting may provide short-term employees with a pension plan and cause benefits to be reduced in the future for career employees. Commissioner. Mikes recommended that all negotiating costs be presented before the Ordinance is granted. Chuck Cook, Chairperson of the General Employees Pension Plan, advised that the board rejected the request for five year vesting and agreed to the eight (8) year vesting based on career trends that encourage two-career families and a higher potential for employment changes in families. The actuarial study indicated that the cost for the eight-year vesting would only be $2,500 for the year. There would be no cost to the City to provide the benefit based on the current financial status of the GE Pension Plan. In addition, retirees are being offered a Cost of Living Increase and funding to cover health insurance costs. Mr. Cook was pleased to announce that the City would be receiving a reimbursement of$133,000 from the plan to cover health insurance costs for retirees. Commissioner Bertino agreed that employees are moving more often now days and that the City should look at 401 K pension plans where the funds remain with the employee no matter where they are working. Commissioner Mikes stressed the importance of taking care of career employees and not to make it easy for employees to work a short time in order to gain a pension benefit and that medical costs would most likely increase. A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, adopting the Ordinance on first reading. MINUTES 7 SPECIAL MEETING SEPTEMBER 12, 2001 he motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes Commissioner Mikes-yes 8. BIDS AND REQUESTS FOR PROPOSALS: 8.1 Recommendation by staff on awarding bid for demolition and securing of unsafe structures. Ken Koch, Building Official, advised that six bidders submitted bids for the projects. He explained the reasoning for securing some of the houses instead of taking the action to demolish as a way to save some good structures for future renovation and that there were three properties to be demolished. He recommended that Pete's Trucking be awarded the demolition services and that Paramount Engineering be awarded services for securing the structures. A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, awarding the bids as recommended by Ken Koch. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes Commissioner Mikes-yes 10.2 Recommendation by staff on awarding bid for Landscaping and Grounds Maintenance. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING AN AGREEMENT WITH HINES LANDSCAPING, INC. FOR THE PURPOSE OF PROVIDING LANDSCAPING AND GROUNDS MAINTENANCE SERVICES IN DESIGNATED AREAS WITHIN THE CITY OF DANIA BEACH; AUTHORIZING AND DIRECTING THE PROPER CITY OFFICIALS TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF DANIA BEACH; REPEALING CONFLICTING RESOLUTIONS AND PROVIDING AN EFFECTIVE DATE. Bud Palm, Utilities/Public Works Director, advised that references were checked out on Hines Landscaping and that the company works on the greenbelt area for the airport. A motion was made by Commissioner Mikes, seconded by Vice-Mayor Chunn, adopting the Resolution awarding the bid to Hines Landscaping, Inc. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes Commissioner Mikes-yes ITEM 11.1 WAS HEARD AFTER ITEM 8.2 ems 9.8 was heard after Item 5.2. MINUTES 8 SPECIAL MEETING SEPTEMBER 12, 2001 9. PUBLIC HEARINGS AND SITE PLANS: • 9.8 VA-42-01- Request for two Variance approvals by Ram Development Company, representing g Walgreen's Drug Store, for property located at northeast corner of Sheridan Street and SE 5 Avenue from Section 28.180 — Monument Sign as follows: Sheridan Street Frontage: Variance to allow a six square foot non-electronic changeable copy message board (message board prohibited) attached to a permitted 10 square foot Walgreen's monument sign. See also Section 28.060 (29). SE 5th Avenue Frontage: Variance to allow a second Walgreen's monument sign (only one sign permitted per site), said sign not to exceed 10 square feet in area and four feet in height. A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY THE RAM DEVELOPMENT COMPANY REPRESENTING WALGREENS, FROM CHAPTER 28 ZONING, ARTICLE 28 SIGNS, FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF SHERIDAN STREET AND SE 5T" AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Mr. Leeds explained the two variances as requested by Walgreen's Drug Store and advised that the Planning & Zoning Board recommended approval subject to the conditions outlined in his staff memorandum for each sign. Mayor Flury_opened the public hearing. Hearing no one speak in favor or opposition, Mayor Flury closed !e public hearing. Bob Skinner, Ram Development, advised that his client would install a direct circuit to provide lighting at night and that they would maintain the lighting for the "Welcome to Dania Beach" sign and that the City would receive an easement for the sign area so that the City could maintain the sign. Discussion followed on the inclusion of an Asora hedge around the base of the sign. A motion was made by Commissioner Bertino, seconded by Commissioner Mikes, adopting the Resolution approving VA-42-01 with Asora hedges being placed around the base of all three signs and subject to the following Planning & Zoning conditions for each variance location: Sheridan Street "Non-Electronic Changeable Copy Sign": 1. "Welcome to Dania Beach " sign to be completed prior to issuance of a certificate of occupancy for Walgreen's. 2. "Welcome to Dania Beach" sign to be illuminated at night. 3. Applicant agrees not to apply for any additional sign variances. 4. Sign to comply with setback and corner clearance requirements. SE 5th Avenue "second Monument Sign": 1. Wording stating "DRIVE-THRU PHARMACY" to be replaced with the word "ENTRANCE". 2. Applicant agrees to construct no additional ground signs. 3. Sign to comply with setback and corner clearance requirements. i MINUTES 9 SPECIAL MEETING SEPTEMBER 12, 2001 The motion passed on the following 5/0 roll call vote: Oommissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes Commissioner Mikes-yes 9.9 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO THE SUBJECT OF COMPREHENSIVE PLANNING; AUTHORIZING TRANSMITTAL OF THE AMENDED FUTURE LAND USE ELEMENT TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND OTHER, PERTINENT GOVERNMENTAL AGENCIES AS REQUIRED BY LAW; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Growth Management Director, advised that there have been some changes imposed by the Broward County Planning Council to the Future Land Use Element of the Dania Beach Comprehensive Plan. Also, the City has initiated changes as outlined on Page 15 to provide more flexibility in allowing mixed use development in the downtown district. The Resolution is also required in order to continue to keep the Comprehensive Plan certified and consistent with the Broward County Land Use Plan. Adoption is anticipated sometime in December or January. 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 Bertino, seconded by Commissioner McElyea, adopting the Resolution. ape motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes Commissioner Mikes-yes Item 7 was heard after Item 9.9. ITEM 11.1 WAS HEARD AFTER ITEM 8.2 11. DISCUSSION AND POSSIBLE ACTION: 11.1 Request by Charlie Cartwright, owner of property located at 131 NW 7 Avenue, to waive interest fees calculated on Unsafe Structures Lien US-99-009. (staff) Due to the absence of the applicant, the agenda item was withdrawn with the understanding that it would be placed back on a future agenda. ITEM 11.5 WAS HEARD AFTER ITEM 11.1. MINUTES 10 SPECIAL MEETING SEPTEMBER 12, 2001 �EM 11.2 WAS HEARD AFTER 11.5. 1.2 Discussion of Chubb's Lounge incident and City's response including Nuisance Abatement Board involvement. (Commissioner Mikes) Commissioner Mikes discussed the unfortunate incident recently involving deaths at Chubb's Lounge and whether or not the Nuisance Abatement Board and city attorney did not take strong enough action to. respond to the case. City Attorney Ansbro stated that he made recommendations to the Nuisance Abatement Board regarding the Chubb's lounge based on current law. He explained that the Florida Supreme Courts require a record of demonstratively bad acts to be established in these types of cases. Nuisance Abatement Boards are required to proceed patiently in order to shut down businesses dealing in prostitution and drug dealing so that municipalities are not adversely penalized in a financial way. Acting City Manager Nunemaker advised that he was also working with Chief Anton and Detective Pato to pursue other alternatives to deal with the case as well as through the legal procedures. Chief Robert Anton, BSO, advised that Detective Pato and Detective Tarrant met with Mr. Prossic and he was going to take the necessary steps to evict the people and that the lease was not being renewed. Chief Anton advised that the homicide in this particular case did not involve narcotics and that it involved a fight between two women and other people being called. June Silvernale, Nuisance Abatement Board, explained that the members on the board were trained with the assistance of City Attorney Ansbro and that the process must be handled correctly or the City could be aced in a adverse situation. Ken Koch, Building Official, recommended that the City Attorney research the property to see if it could be rezoned to stop this type of business at the site in the future. 11.3 Discussion of requesting new bridge height elevation signage for bridges located along Dania Cut- Off Canal. (Commissioner Mikes) Commissioner Mikes mentioned that the signage for the bridge height elevations are difficult to read and impose a hazard to navigation. He recommended that the city manager contact the agencies that control the signage and have them replaced. 11.4 Request by IGFA (International Game Fish Association) for waiver of fees to use I.T. Parker Community Center for Junior Angler Tournament scheduled October 13, 2001. (Staff) Acting City Manager Nunemaker supported the request for waiver based on the relationship between the organizations. Commissioner Bertino disagreed with granting the waiver of fees based on the fact that the City was sued for $166,000 over the past few years dealing with fill at Tigertail Lake. Mayor Flury agreed that IGFA is a profitable organization and should be able to obtain funding for the event. motion was made by Commissioner Bertino, seconded by Vice-Mayor Chunn, denying the request for aiver of fees for IGFA. MINUTES 11 SPECIAL MEETING SEPTEMBER 12, 2001 *he motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes Commissioner Mikes-yes ITEM 11.6 WAS HEARD AFTER ITEM 11.4. ITEM 11.5 WAS HEARD AFTER ITEM 11.1. 11.5 Update on applicants for city manager position. (Acting City Clerk) Dr. George Hanbury, Range Rider for ICMA, stressed the importance of the city manager and City Commission establishing a trust relationship in order to achieve the goals of the City. He reminded the City Commission that August 23 was established as the deadline date for applications for the position and that 69 applicants had applied through a southeastern state search. On September 6, the City Commission was asked again to include any additional names and it wasn't until the morning of September 7th that Mayor Flury submitted Ivan Pato's name. Dr. Hanbury mentioned that during the last two months he had provided assurance to several candidates that the process is an open competition and that there were no pre- conceived decisions for the position. Dr. Hanbury explained that his candidate recommendations were based on the criteria established by the City Commission on June 7th and that many candidates were excluded based on the established criteria. Dr. Hanbury advised the City Commission that he reviewed the resume of Ivan Pato and that he does not meet at least all of the minimum qualifications. Dr. Hanbury pointed out that there was no legal requirement for the City Commission to hire any of the ndidates that have been recommended and that the City Commission was within its right to take action night to hire Mr. Pato. The city manager serves at the discretion of the City Commission. However, if there is no pre-conceived concept of who would be selected, Dr. Hanbury agreed to continue to work with the City Commission as long as he was assured by the City Commission that he was not wasting his time or the candidates time or being asked to break a pledge to the rest of the candidates. Mayor Flury mentioned that she spoke with Dr. Hanbury today and just because a candidates name has been submitted did not mean that the candidate had been selected and that anyone with reasonable qualifications should be allowed to submit a resume. She stated that the interview process was the most important aspect for selecting a candidate and that there is no pre-determined decision. Vice-Mayor Chunn expressed his appreciation for Dr. Hanbury's honesty and candor and opposed the addition of Ivan Pato's name to the selection process. Commissioner Bertino stressed the importance of conducting the interviews with the candidates and agreed to extend courtesy to anyone within the City's organization who would like to apply for the city manager position. Commissioner McElyea agreed to give everyone an opportunity to be interviewed and commended Dr. Hanbury for his expertise and assistance being provided for the process. Commissioner Mikes mentioned that the City had a reputation within the County for operating an unprofessional city hall in the past and that he was hopeful that the City's image was going to change. He stated his disappointment that the process for hiring a city manager had now been pre-determined and that 40e fix was in for Ivan Pato. MINUTES 12 SPECIAL MEETING SEPTEMBER 12, 2001 Dr. Hanbury urged the City Commission to continue with an open competitive process and stressed the portance of things not only being right but looking right when dealing with the public. Dr. Hanbury agreed o continue with the process for the City. The City Commission agreed to schedule the interviews on October 4 and 5 and to start the workshop meetings at 4:30 p.m. ITEM 11.2 WAS HEARD AFTER 11.5. ITEM 11.6 WAS HEARD AFTER ITEM 11.4. 11.6 Request by Florence Hall, owner of property located at 517 NW 3 Street, to waive interest fees calculated on Unsafe Structures (US-92-001) lien. Ken Koch, Building Official, explained that the City's out-of-pocket expenses was $1,800.00 for demolition and that interest had accrued to $1,903.92 through August 17th for lien that has been ongoing since 1992. Rudolph Glass, representing his Aunt Florence Hall, who lives in Kansas City, explained that his Aunt is 80 years old and .was requesting a waiver because she thought that the demolition was conducted at no charge back in 1992 by-the Fire Department and that she was unaware the charges were accruing all of this time. Mr. Glass advised that his Aunt lives on a limited income and was willing to pay the $1,800 and that $400 had already been provided to Eula Gardner, Occupational License Clerk. Discussion followed on the possibility of the property being donated to Habitat for Humanity. Mr. Koch advised that the City is working on a program to foreclose on some non-homesteaded properties with excessive liens in order to obtain the properties for the Habitat for Humanity Program. IR motion was made by Commissioner Mikes, seconded by Vice-Mayor Chunn, to waive the interest of $1,903.92 as long as the lien of $1,800.00 was paid within 30 days. If the lien was not paid within 30 days, the lien reverts back to the full amount. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes Commissioner Mikes-yes ADMINISTRATIVE REPORTS: Acting City Manager Nunemaker advised that the Final Budget Hearing had been rescheduled to September 25, 2001, at 6:00 p.m. due to the Jewish holidays. Sepember 14 — 6:00 p.m. to 9:00 p.m. —City Hall is hosting relocation services for Habitat for Humanity and the Town of Davie will be hosting a similar event on September 21. City Attorney Ansbro advised that Janet Reno would be attending the Chamber of Commerce Breakfast tomorrow morning and encouraged attendance. ADJOURNMENT is meeting adjourned at 9:50 p.m. MINUTES 13 SPECIAL MEETING SEPTEMBER 12, 2001 MAYOR-COMMISSIONER w 0"lla ACTING CITY CLER t" APPROVED:_Sept. 25, 2001 • MINUTES 14 SPECIAL MEETING SEPTEMBER 12, 2001