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HomeMy WebLinkAbout1751 - MINUTES - City Commission MINUTES DANIA BEACH CITY COMMISSION REGULAR MEETING SEPTEMBER 25, 2001 1. CALL TO ORDER: Mayor Flury called the meeting to order at 7:05 p.m. 2. INVOCATION AND PLEDGE OF ALLEGIANCE: *Margaret H. Smart, Chaplain —VITAS Healthcare Corp., Innovative Hospice Care. 3. ROLL CALL: Present: 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 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 7:00 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 Derrick Nathaniel Hankerson, 746 SW 3 Street, mentioned that Sabal Palm trees are being planted in the southwest section of the City under the Community Development Block Grant Program and that residents are not pleased with the choice of tree that was selected. He urged the City Commission to provide a better quality Palm tree and to leave more space between the plantings. 4.2 Jimmy Peterman, 717 SW 4 Terrace, agreed with Mr. Hankerson that the trees are being planted too close together and he stated that if a different type of Palm tree is selected that the same tree should be planted throughout the seven block area. Commissioner Mikes mentioned that Royal Palm trees were not selected because they require far more maintenance and the palm fronds fall off onto the automobiles and cause damage. 4.3 Michael Sartin, 746 SW 3 Street, explained that the Sabal Palm tree self-seeds and is • indestructible and may not be the best choice for the plantings for the CDBG project. He MINUTES REGULAR MEETING CITY OF DANIA BEACH 1 SEPTEMBER 25, 2001 suggested that the City schedule a meeting with the residents so that another type of Palm tree could be selected that would be acceptable to everyone. He also cautioned that the price would increase substantially if Queen or Foxtail Palms were selected. Commissioner Mikes was not sure how Sabal or Cabbage Palm trees were selected for the 25th year CDBG project and recommended the use of Queen or Foxtail Palms as a better choice. Acting City Manager Nunemaker agreed to check into the tree issue for the 25th Year CDBG program and to schedule a meeting with the residents. 4.4 Lucy Williams suggested that if Queen Palms could not be provided that she would be happy if the City just installed grass for the area. 4.5 Ralph Viviano, Meadowbrook Lakes, 131 SE 3 Avenue, read a letter thanking the City for its support of wireless communications and mentioned the importance of cell phones in today's world. He also presented another letter from Meadowbrook Condominium in regards to the tragic events that happened at the World Trade Center recently. 4.6 Howard Blackmon, 713 SW 2 Place, requested information on whether or not there was a Block Grant Committee. Mr. Nunemaker advised that a few years ago the block grant process was competitive and that a committee existed at that time. Currently, the Block Grant Program is an allocation based program that is based on population and each year a meeting is held with the community to receive input on where the grant improvements should be made. Mayor Flury advised Mr. Blackmon that the CDBG grant process starts two years before the improvements begin and that a large number of residents participated in the application process for the 25th Year CDBG program. Mr. Blackmon wanted to know who made the decision to install Coconut Palms on the west side and why more expensive Palm trees were planted on the east side of the railroad tracks. He also requested an address for the Community Development Block Grant program. Commissioner Mikes mentioned that a public meeting was conducted and Coconut Palms were originally selected for both sides of the tracks. The trees became a problem as they need irrigation systems and caused traffic problems because wouldn't grow straight. The City Commission decided to go with a Queen Palm as it doesn't need as much maintenance and somehow the tree got changed to a Sabal or Cabbage Palm without permission from the City Commission. Mr. Blackmon was asked to meet with Acting City Manager Nunemaker. Mr. Nunemaker advised the public that the application process for the 28th Year Community Development Block Grant Program begins in November and that the public should participate in the process. 4.7 Janice Peterman, 717 SW 4 Terrace, mentioned that the City is approximately three years behind in funding on the CDBG programs and that the trees that have been planted have bugs in them and are ugly. She stated that it is the City's responsibility to spray the trees and maintain them. 5. PRESENTATIONS AND SPECIAL EVENT APPROVALS: 5.1 Chief Robert Anton, BSO, award for "Deputy of the Month" to Deputy Carlos Salazar. MINUTES REGULAR MEETING CITY OF DANIA BEACH 2 SEPTEMBER 25, 2001 6. PROCLAMATIONS: 6.1 A proclamation declaring September 25, 2001, as "Gloria Leonard Day" in the City of Dania Beach for having been selected as the 2001 Kids Voting Broward Elementary School Teacher of the Year. ITEMS PULLED FROM THE CONSENT AGENDA: Commissioner Mikes pulled Items 7.4 and 7.10 and Mayor Flury pulled Item 7.5. 7. CONSENT AGENDA (including expenditures): Bills - none Minutes: 7.1 Approval of minutes for September 11, 2001, regular meeting. 7.2 Approval of minutes for September 12, 2001, special meeting. Travel Expenditures: 7.3 October 10 & 11- Approval for Charlene Johnson to attend FACC (Florida Association of City Clerks), Institute of Government, in Palm Beach Gardens. Resolutions: 7.6 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING SETTLEMENT ON BEHALF OF THE CITY OF DANIA BEACH WITH FRANCISCO CANALES, ADRIANA CANALES AND PAOLO CANIGLIA IN REFERENCE TO BROWARD CIRCUIT COURT CASE NO. 99-13497 CACE (08) AND CODE ENFORCEMENT CASE NUMBER CEB- 93-0108 FOR FRANCO'S REPAIR SERVICE, 167 NORTH FEDERAL HIGHWAY; PROVIDING FOR CERTAIN TIME CONSTRAINTS IN COMPLETION OF THE SITE PLAN TO BRING PROPERTY INTO CONFORMANCE; FURTHER, PROVIDING AN EFFECTIVE DATE. 7.7 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE PROJECT AGREEMENT AMENDMENT BETWEEN THE CITY OF DANIA BEACH AND THE FLORIDA INLAND NAVIGATION DISTRICT (F.I.N.D.) TO EXTEND PROJECT COMPLETION TO SEPTEMBER 30, 2002, FOR GRIFFIN MARINE PARK (BR-DA-99-49), FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.9 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE USE OF LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS IN THE AMOUNT OF $83,091.00, INCLUDING A 10% MATCH BY THE CITY, AND SETTING UP A GRANT BUDGET TO PROVIDE FOR DEMOLITION OF UNSAFE STRUCTURES, PROFESSIONAL SERVICES FOR YMCA OF SOUTH BROWARD COUNTY, AND SPECIAL OPERATIONS FOR BROWARD SHERIFF'S OFFICE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING AN EFFECTIVE DATE. Ordinances —Title to be read by city attorney 7.11 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO ZONING; AMENDING CHAPTER 28 "ZONING," ARTICLE 9 "ADMINISTRATION AND • ENFORCEMENT," SECTION 9.24.1 "AUTHORITY TO WITHHOLD PERMITS AND LICENSES; MINUTES REGULAR MEETING CITY OF DANIA BEACH 3 SEPTEMBER 25, 2001 • ZONING IN PROGRESS" OF THE CODE OF ORDINANCES TO ALTER THE PROCEDURE FOR DECLARING AND ENFORCING ZONING IN PROGRESS WITHIN THE CITY; PROVIDING FOR CONFLICTS; PROVIDING A SAVINGS CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (First Reading) 7.12 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO LAND DEVELOPMENT STANDARDS; AMENDING CHAPTER 28 "ZONING," ARTICLE 29 "PERVIOUS AND IMPERVIOUS AREAS," SECTION 29.10 "IMPERVIOUS LAND AREA REQUIREMENTS" OF THE CODE OF ORDINANCES TO ALTER THE PROCEDURE FOR ,OBTAINING APPROVAL FOR THE USE OF PERVIOUS PAVING BLOCKS; PROVIDING FOR CONFLICTS; PROVIDING A SAVINGS CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (First Reading) 7.13 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO CHAPTER 2 OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED "ADMINISTRATION"; AMENDING THE CODE OF ORDINANCES BY AMENDING ARTICLE IV, ENTITLED "CODE ENFORCEMENT BOARD", SECTION 2-72 OF THE CODE OF ORDINANCES TO PROVIDE FOR THE APPLICABILITY OF THE DANIA BEACH CODE ENFORCEMENT BOARD'S CONCURRENT JURISDICTION TO HEAR AND DECIDE CASES INVOLVING ALLEGED VIOLATIONS OF SPECIFICALLY ENUMERATED CODE CHAPTERS; AMENDING SECTIONS 2-81, 2-82, 2-83, 2-85 AND 2-87, AND ADDING SECTIONS 2-84 AND 2-86 TO THE CITY OF DANIA BEACH CODE OF ORDINANCES TO CONFORM WITH FLORIDA STATUTES CHAPTER 162; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (First Reading) • City Attorney Ansbro read the titles of the Ordinances for first reading for Items 7.11, 7.12 and 7.13. A motion was made by Commissioner McElyea, seconded by Vice-Mayor Chunn, approving the Consent Agenda with the exception of Items 7.4, 7.5, 7.8 and 7.10. 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: 7.4 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF DANIA BEACH ("LESSEE") AND THE CITY OF HOLLYWOOD ("LESSOR") FOR USE OF CERTAIN PREMISES AT HOLLYWOOD'S FIRE STATION, LOCATED AT 2741 STIRLING ROAD, HOLLYWOOD, FLORIDA, IN ORDER TO PROVIDE FIRE RESCUE SERVICES TO DESIGNATED AREAS OF DANIA BEACH; FURTHER, PROVIDING AN EFFECTIVE DATE. City Attorney Ansbro commended Acting City Manager Nunemaker for negotiating the lease with Hollywood because he was innovative in adding the clause, that after five years, the City could establish an equity interest in the Hollywood building. • MINUTES REGULAR MEETING CITY OF DANIA BEACH 4 SEPTEMBER 25, 2001 • Acting City Manager Nunemaker pointed out that the reference to CPI in the lease should indicate Miami-Fort Lauderdale. City Attorney Ansbro advised that the State Law on Sovereign Immunity would govern the insurance coverage and that all operations used by the City at the station should be covered. The only other item was that Hollywood would have the right to renegotiate the escalator clause if it goes beyond 5% two years in a row. Commissioner Bertino suggested that the lease amount should decrease if the CPI decreases. Acting City Manager Nunemaker was not sure how Hollywood would take the suggestion and didn't think that any amounts would decrease. Ken Land, Fire Chief, advised that the space areas have not been worked out yet with Hollywood and that the City should have living quarters provided for six personnel and space for two (2) front line vehicles and possibly one reserve vehicle. Mr. Nunemaker advised that the lease with Dolores Masselli under Item 7.8 is being executed 'because the new facility is not going to be ready until December and the Masselli lease has a 90 day termination clause that could be utilized by the City. For the record, Commissioner Bertino stated the importance of the City building its own station and not leasing from the City of Hollywood. A motion was made by Commissioner Mikes, seconded by Vice-Mayor Chunn, adopting the Resolution approving the Lease with the City of Hollywood. The motion passed on the following 3/2 roll call vote: • Commissioner Bertino-no Vice-Mayor Chunn-yes Commissioner McElyea-no Mayor Flury-yes Commissioner Mikes-yes At this time, State Representative Tim Ryan was allowed to make a public service announcement advising the public that two public hearings were scheduled Monday, October 1S` with the Florida Legislature Redistricting Committee at the following locations: 9:00 a.m. —BCC South Campus 5:00 p.m. — BCC Central Campus-Bailey Hall Representative Ryan encouraged the public to attend the public hearings and advised that four minutes would be granted for speaking to the Florida Legislators on its plans to redraw the boundary lines for U.S. Congressional, State Senate and State House Seats. Representative Ryan advised that there was a need to redraw the boundary lines due to the shift in population. He advised that all of Dania Beach, including the newly annexed area, lies within one legislative district and he was hopeful that Dania Beach would remain in one district after the project is completed. Interested parties were encouraged to call Representative Ryan at (954) 924-3856. Commissioner Bertino recommended that a letter be drafted to the Legislative Delegation in support of the City of Dania Beach remaining as one legislative district. MINUTES REGULAR MEETING CITY OF DANIA BEACH 5 SEPTEMBER 25, 2001 • A motion was made by Commissioner Mikes, seconded by Commissioner Bertino, to add an agenda item for a resolution supporting one Legislative District for the House of Representatives for the entire City of Dania Beach. 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 A motion-was made by Commissioner Mikes, seconded by Commissioner Bertino, to prepare and adopt a resolution supporting one Legislative District for the House of Representatives for the entire City of Dania Beach. 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 7.5 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING THE CITY MANAGER'S PURCHASE OF SUPPLIES, SERVICES, MATERIALS, AND EQUIPMENT IN THE AMOUNT OF $12,874.00 FROM RUSSELL-THOMAS CONTRACTING, INC., WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH RUSSELL-THOMAS CONTRACTING, INC. FOR THE INSTALLATION OF ELECTRICAL EQUIPMENT AT FROST PARK; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. • Mayor Flury questioned why the resolution states without competitive bidding when three quotes were provided in the backup. Acting City Manager Nunemaker explained that the services had to be provided before City Commission approval based on the recommendation from the Chief Electrical Inspector. A motion was made by Commissioner Bertino, seconded by Vice-Mayor Chunn, 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 7.8 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A LEASE AGREEMENT BETWEEN DELORES M. MASSELLI AND THE CITY OF DANIA BEACH RELATING TO PROPERTY SITUATED AT 2229 GRIFFIN ROAD, APARTMENTS 1, 2, & 3, AND UTILIZED AS FIRE STATION #93; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Commissioner Bertino, seconded by Vice-Mayor Chunn, adopting the resolution. The motion passed on the following 5/0 roll call vote: MINUTES REGULAR MEETING CITY OF DANIA BEACH 6 SEPTEMBER 25, 2001 Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes Commissioner Mikes-yes 7.10 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING AN AMENDMENT TO AGREEMENT WITH WARBURG-STORAGEMART PARTNERS, LP ("STORAGE MART"), TO PROVIDE THAT THE CITY'S CONTRACTOR SHALL PERFORM LANDSCAPING MAINTENANCE UPON CERTAIN PROPERTY OWNED BY THE DEPARTMENT OF TRANSPORATION OF THE STATE OF FLORIDA, SUBJECT TO PAYMENT- OF MAINTENANCE COSTS BY STORAGEMART; AUTHORIZING AND DIRECTING THE PROPER CITY OFFICIALS TO EXECUTE THE AMENDMENT TO THE AGREEMENT ON BEHALF OF THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of the Resolution and confirmed that all conditions had been completed by Storagemart. 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 8. BIDS AND REQUESTS FOR PROPOSALS: 8.1 Staff recommendation on awarding bid for Landscaping and Grounds Maintenance to second lowest bidder. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING AN AGREEMENT WITH GARDEN OF LOVE NURSERY OF SOUTH FLORIDA 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. City Attorney Ansbro read the title of the Resolution. Bud Palm, Public Works/Utilities Director, explained that the agreement was awarded at the previous meeting to Hines Landscaping who withdrew their offer because they could not obtain the necessary bond. Mr. Palm explained that the a bid bond was not required in the bidding process and that they are now recommending the second lowest bidder, Garden of Love Nursery of South Florida. Al Taylor, Garden of Love Nursery of South Florida, Inc., advised that his company had been in business since 1985 and that they provide landscaping services for the Cities of Hollywood, Hallandale and Tamarac. MINUTES REGULAR MEETING CITY OF DANIA BEACH 7 SEPTEMBER 25, 2001 A motion was made by Vice-Mayor Chunn, seconded by Commissioner Bertino, 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 8.2 Recommendation by Kevin McCabe, EDC, on awarding bid for improvements to Griffin Marine Park. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING AN AGREEMENT WITH SHORELINE FOUNDATION, INC. FOR THE PURPOSE OF PROVIDING CONSTRUCTION OF A BOAT RAMP, DREDGING, DOCKS, AND UPLAND PARKING AND DRAINAGE FOR GRIFFIN MARINE PARK; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING AN EFFECTIVE DATE. City Attorney Ansbro read the title of the Resolution. Acting City Manager Nunemaker explained that the Griffin Marine Park project has been in process for two years and that a substantial amount of the project is funded through Broward Boating Improvement Program and Florida Inland Navigation District grant funds. Once the Resolution is adopted, Mr. Nunemaker expected to conduct meetings with residents to notify them of the construction process. Kevin McCabe, EDC, explained that the project began in 1997; the design work was finished this summer and the project had been through staff review with the Building Department for the parcel located at SW 45 Street and SW 30 Avenue. Mr. McCabe explained the proposed Scope of Services and advised that six bids were received for the project. He recommended Shoreline Foundation, Inc. for the construction project in the amount of $361,350.00, including the additives. Commissioner Mikes commended Acting City Manager Nunemaker for his efforts in obtaining the grant funding for the program and thought that the project would increase property values and be of benefit to the community. A motion was made by Commissioner Mikes, seconded by Vice-Mayor Chunn, adopting the Resolution approving the agreement with Shoreline Foundation, 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 #11.3 WAS HEARD AFTER ITEM 8.2. MINUTES REGULAR MEETING CITY OF DANIA BEACH 8 SEPTEMBER 25, 2001 • 9. PUBLIC HEARINGS AND SITE PLANS: ITEM 9.1 WAS HEARD AFTER 11.3. (Continuance requested) 9.1 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING A PCS SITE AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND SPRINT SPECTRUM, L.P. PERTAINING TO THE PLACEMENT OF A PERSONAL COMMUNICATIONS SERVICE SYSTEM FACILITY ON A PARCEL OF LAND LOCATED AND OWNED BY THE CITY OF DANIA BEACH AND MORE PARTICULARLY DESCRIBED IN THE ATTACHED , EXHIBITS TO THE AGREEMENT; AUTHORIZING AND DIRECTING THE EXECUTION OF THE PCS SITE AGREEMENT; PROVIDING FOR REVISIONS; PROVIDING FOR CONFLICTS; PROVIDING A SEVERANCE CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Second Reading) Acting City Manager Nunemaker advised that PCS had agreed to match the funding in the City of Margate Agreement. City Attorney Ansbro reported that the title was still being researched as Commissioner McElyea had advised him that there were deed restrictions on the City Hall property and that the deed pre-dates 1947. Commissioner Mikes was not pleased that the proposed tower was being built so that two other providers could use the service without paying any revenue to the City. City Attorney Ansbro advised that the ground space box would still be needed on the ground and that the City would have to extend the lease for the other providers to use the ground space. Mark Basch, Sprint PCS, explained that the agreement was identical to Margate's agreement. The City has the right to generate revenues for leasing the ground space that would be needed by the two other providers and that the City could require agreements for the use. Jason Lasky, Sprint PCS, advised that, as a general rule, all carriers have master leases providing the ability for other carriers to share space. He assured the City that any time a co- locator is connected, they would still have to obtain permission from the City to use the ground space. Mayor Flury clarified with Mr. Lasky that PCS plans to pay the City $20,000.00 a year to install the 3 carrier stealth antenna tower and that the City would be able to obtain revenue from the other two co-locators. Discussion followed on the proposed tower being 97 feet in height and the apparatus being self- contained in the flagpole. Laurence Leeds, Growth Management Director, clarified with Mr. Lasky that the antennas from the other carriers would be self-contained inside the flagpole. It was noted that the top of the pole would be around 18 inches, the bottom would be around 3 feet wide, and the ground space would take up 900 square feet to support the antenna arrays and equipment. Commissioner Bertino stressed the need for the City to include in the lease a percentage or certain amount from every co-locator and recommended that Sprint submit a lease for the minimum amount of space needed. MINUTES REGULAR MEETING CITY OF DANIA BEACH 9 SEPTEMBER 25, 2001 Mark Basch, Sprint PCS, agreed to revise the lease to limit the compound space, reduce the fence line, and enclose the tower and Sprint's equipment so that there is no opportunity for another carrier to use the facility without the City's approval. Acting City Manager Nunemaker recommended that the lease be developed to include space to accommodate all three carriers and that verbage be added to cover future co-locator's need to use ground space in order to use the tower. A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, continuing second reading of the -Ordinance to-,the October 9 regular meeting in order for the City Commission to review the Margate agreement and to give staff time to work with Sprint PCS on the co-location issues. 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 9.2 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. (Second Reading) City Attorney Ansbro read the title of the Ordinance. Mayor Flury opened the public hearing. Chuck Cook, Chairman for the General Employees' Pension Fund, presented State Statute information indicating that employees who leave the City after the 8-year vesting and return years later for their retirement benefit would not necessarily be provided health insurance benefits. Mr. Cook advised that the actual cost of the 8-year vesting is less than $2,500 a year and that the GE Pension Plan is so well funded that the Board of Trustees expects to provide the City with a check for $133,000.00 to fully fund the health care cost for retirees and the portion that the City pays for retirees. Commissioner Mikes disagreed with Mr. Cook's interpretation of the State Statute and read it to mean that the City is obligated to provide health insurance to retirees at the same cost as active employees. Commissioner Mikes was concerned that the cost of health insurance was not included in the actuarial report attached to the Ordinance and that the City should not be encouraging multiple sets of pension groups. Commissioner Bertino advised that actuaries calculate the cost impacts and the letter from the GE Pension Actuary shows no real impact to the City. The cost of health insurance for retirees is paid from the pension plan and the benefit would be reduced should the plan not do so well in the future. Mr. Cook agreed and assured the City Commission that the GE Pension Fund employs very conservative actuaries. In addition, Mr. Cook was not of the opinion that there was a rush for employees to vest and leave the City and that most employees want to continue working for the City of Dania Beach. MINUTES REGULAR MEETING CITY OF DANIA BEACH 10 SEPTEMBER 25, 2001 Mayor Flury stressed the importance of trusting the actuary that provided the cost impact of the 8-year vesting and pointed out that the benefit would provide a recruitment tool for hiring future employees. She stated that the 8-year vesting was a result of the 8-year term limits that granted 8-year vesting for City Commissioners in the General Employees' Pension Plan. Mayor Flury recommended that the City Commission work together with the employees in the plan since the City Commission is included in the pension plan and that the vesting requirement be equal for all members. - -Commissioner Mikes stressed the importance of the actuary reports including all cost impacts when pension ordinances are presented. Hearing no further comments, Mayor Flury closed the public hearing. A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, adopting the Ordinance on second reading. The motion passed on the following 3/2 roll call vote: Commissioner Bertino-yes Vice-Mayor Chunn-no Commissioner McElyea-yes Mayor Flury-yes Commissioner Mikes-no 9.3 ZA-046-01 — Request for two (2) Zoning Appeals by Jack Down, Applicant, from the decision made by the Growth Management Director that VA-48-89 (allowing the outdoor storage of marine equipment subject to conditions) granted August 18, 1989, has expired and VA-48-89 (allowing the outdoor storage of marine equipment subject to conditions) does not include the outdoor storage of steel shipping containers. Vacant land owned by FPL and located directly south of 800 Old Griffin Road (between NW 8th and NW 9" Avenues). A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE ZONING APPEAL REQUEST SUBMITTED BY JACK DOWNS, PROPERTY OWNER, OF VACANT LAND BEHIND 800 OLD GRIFFIN ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Growth Management Director, described the location of the property owned by FPL and advised that the landscape conditions included with the variance approval in 1989 had not been completed by Mr. Downs. Mr. Leeds stated that he determined that the variance was no longer in effect since Mr. Downs had not completed the 1989 conditions. In addition, outdoor storage of steel shipping containers was not interpreted to include marine equipment. Mr. Leeds noted that the property had been cited for Code Enforcement violations. Jack Downs explained that two of the shipping containers were moved from inside of his shop to the east side of the parking lot area in preparation of eventually moving them back onto the FPL land and that he had intentions of moving forward with completing the conditions from 1989. Mr. Downs advised that time had elapsed because it took FPL so long to finally agree to enter into a Purchase Agreement with him for the land. Mr. Downs stressed the need to expand his business and mentioned a continuous problem with trash and debris being left by the dumpsters. Mr. Downs also mentioned that FPL had placed several restrictions on the Purchase MINUTES REGULAR MEETING CITY OF DANIA BEACH 11 SEPTEMBER 25, 2001 Agreement and that he would be willing to paint, landscape and fence the containers to hide them from the residential area. City Attorney Ansbro stated that the Variance was lost because it was never used and that part two of the Zoning Appeal was void since the Variance had expired. Mayor Flury opened the public hearing. Hearing no one speak in favor or opposition, Mayor Flury closed the public hearing. Commissioner-McElyea was -of the opinion that Mr. Downs had used the property since 1989 and that the Variance should be considered active. A motion was made by Commissioner Bertino, seconded by Commissioner Mikes, upholding the decision of the Growth Management Director by denying the Zoning Appeal and determining that the 1989 Variance expired. The motion passed on the following 4/1 roll call vote: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-no Mayor Flury-yes Commissioner Mikes-yes Laurence Leeds, Growth Management Director, was instructed to work with Mr. Downs by scheduling special meetings with the Planning & Zoning Advisory Board so that Mr. Downs could move forward with FPL on the purchase of the property. 9.4 SP-11-01 — SITE PLAN REQUEST BY ROBERT B. LOCHRIE, III, REPRESENTING PARK N' FLY, INC., FOR PROPERTY LOCATED EAST OF TAYLOR ROAD, SOUTH OF ELLER DRIVE AND NORTH OF THE HERTZ RENT-A-CAR FACILITY. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY ATTORNEY ROBERT B. LOCHRIE III, REPRESENTING PARK 'N FLY, INC., FOR PROPERTY LOCATED EAST OF TAYLOR ROAD, SOUTH OF ELLER DRIVE AND NORTH OF THE HERTZ-RENT-A-CAR FACILITY IN DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro advised that the Site .Plan was a quasi-judicial matter and that all witnesses wishing to speak must be sworn in and that the City Commission, in accordance with the Jennings Ruling, must report all communications. Mayor Flury mentioned brief communications with someone that she was unable to name in regards to the project. Laurence Leeds, Growth Management Director, explained that the property was located on Eller Drive near Taylor Road and that the petitioner had been granted an appeal in 1999 to allow a parking lot use in the PEDD Zoning District with two conditions: (1) Park N Fly meet landscaping requirements in the M-3 zoning classification; (2) Park N Fly bring back a site plan to the City Commission for approval. Mr. Leeds noted that the City Commission has two options: MINUTES REGULAR MEETING CITY OF DANIA BEACH 12 SEPTEMBER 25, 2001 1) Approve the Site Plan as recommended by the Planning & Zoning Advisory Board (including the M-3 landscape waiver), or 2) Deny the Site Plan for non-compliance with the M-3 landscape requirements. Mr. Leeds noted that the applicant has offered to pay an annual occupational license fee based upon the total number of parking spaces (1,344) times a "per space" fee and to erect a "Welcome to Dania Beach" sign on the property. Mr. Leeds indicated that should the City Commission deny the Site Plan, the applicant could obtain a building permit, without Commission approval; for any one of the "permitted" PEDD uses and that container storage was a possible permitted use. Attorney Robert Lochrie, representing Park N Fly, introduced Fred Clemente, CEO & President, Billie Gibson, Vice-President of Operations, Pete Eversol, Architect, and George Casey, Parking Consultant. Mr. Lochrie explained that the parcel had most recently been used for container storage and that Park N Fly owns the entire site and desired to construct a parking facility. He mentioned that significant revisions had been made to the Site Plan to increase landscaping on the outside of the facility, increase the buffer along 7th Avenue, include more trees and that they exceed the 30% landscaping requirement in the M-3 classification. Discussion followed on the design of the sign that would be placed at the entrance of the facility. Attorney Lochrie explained that the proposed use would provide Park N Fly clients the ability to be picked up by a bus every 3 to 5 minutes and taken to the airport. Trees were reduced in the parking lot so that clients could identify their cars easier. Mr. Lochrie agreed to execute an agreement requiring Park N Fly to pay the $9.00 a space per year and stated that Park N Fly would be making close to $2.5 million in improvements to the site. Mayor Flury opened the public hearing. Hearing no one speak in favor or opposition, Mayor Flury closed the public hearing. Commissioner Mikes brought up the subject of security. Mr. Lochrie advised that 27 employees would be working at the site with a minimum of three people on site at all times, and that the facility would be gated and fenced. Chief Anton, BSO, agreed to work with the petitioner to ensure that proper security would be provided and mentioned that Hertz, the car facility just north of the site, had encountered several strong armed robberies and stolen cars. A motion was made by Commissioner Mikes, seconded by Commissioner McElyea, continuing the Site Plan request to October 9, 2001 regular meeting in order to provide time for Chief Anton to review the security plan and provide recommendations. The motion failed on the following 2/3 roll call vote: Commissioner Bertino-no Vice-Mayor Chunn-no Commissioner McElyea-yes Mayor Flury-no Commissioner Mikes-yes MINUTES REGULAR MEETING CITY OF DANIA BEACH 13 SEPTEMBER 25, 2001 Fred Clemente, President and CEO of Park N Fly, mentioned the difficult period over the past two weeks due to the recent terrorist attacks on the Country and that security was a major factor to the company and that they have already made changes to some of their procedures. There are 15 locations in the Country that operate 7 days a week 24 hours a day. Mr. Clemente agreed to use BSO for security and to work with the City in any way possible. Attorney Lochrie stated, for the record, that the Occupational License Fee is not a tax and that Park N Fly voluntarily agreed to pay the annual $12,000.00. A motion was made by Vice-Mayor-Chunn, seconded by Commissioner Bertino, adopting the Resolution approving the Site Plan (SP-11-01) subject to the following: (1) Attorney Ansbro would prepare an agreement outlining the occupational license fee payment and Park N Fly would pay cost-recovery fees covering Attorney Ansbro's time in preparing the agreement; (2) The annual $12,000.00 fee shall be placed into the City's Landscaping Fund; (3) Park N Fly shall comply with security requirements as recommended by BSO and agree to add additional security if required by the City Commission. 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 The City Commission agreed that the sidewalk should be installed as required by Code. 10. COMMISSION COMMENTS: 10.1 Commissioner Bertino allowed time for Faye Bartelmes to address the City Commission. Faye Bartelmes stressed the importance for people to place their garbage in plastic bags when dumping garbage into dumpsters as this creates a terrible odor and could cause a health risk to the garbage men. Commissioner Bertino asked staff to check into the problem, as he was concerned with the health implications. Commissioner Bertino mentioned the ongoing problem with people parking in their swales. Laurence Leeds, Growth Management Director, explained that car ownership has grown over the years and that it is difficult to prohibit swale parking without turning the entire front yard into a parking area. He agreed to meet with the city manager on the parking problem to see what other alternatives were available. Commissioner Bertino requested that staff look into obtaining grants for landscaping improvements at Stirling Road and Federal Highway. Acting City Manager Nunemaker agreed to see what grant opportunities might be available for the area. 10.2 Commissioner McElyea advised that the 29th Annual Pioneer Days would be held Saturday, October 6 from 10:00 a.m. to 5:00 p.m. and October 7 from 7:00 a.m. to 4:00 p.m. in Plantation at Volunteer Park. The public was encouraged to attend the event that would be honoring five pioneers from the City and would include historical exhibits and entertainment with no admission cost. MINUTES REGULAR MEETING CITY OF DANIA BEACH 14 SEPTEMBER 25, 2001 10.3 Commissioner Mikes mentioned that the alternative to the paving problem would be to pave the entire front yard, and that there were too many duplexes built several years ago on lots that are too small to handle the average 3-car family. Commissioner Mikes stressed the importance of addressing security city-wide and to schedule a meeting with representatives from Port Everglades and BSO, in a closed session, based on the recent terrorist attacks. 10.4 Vice-Mayor Chunn read a letter sent to Habitat for Humanity from Art Barker, President of The SEED, Inc,, donating $100,000.00 to Habitat for Humanity as long as they match $100,000.00 as a stipulation to specifically build homes in Dania Beach. 10.5 Mayor Flury wanted the record to show that she cancelled her plans to attend a conference on Urban Waterways in New York City due to the current tragic events. Mayor Flury asked Acting City Manager to report back on whether or not a policy exists on the return of water deposits. 11. DISCUSSION AND POSSIBLE ACTION: 11.1 Discussion of distribution of Ordinances and Resolutions received from Broward County and municipalities. (Acting City Clerk) Charlene Johnson, Acting City Clerk, explained that Ordinances and Resolutions are now being received through email from the County and municipalities and that some of the documents include 50 to 90 pages. She requested direction from the City Commission on how they wish the documents to be distributed. Commissioner Bertino suggested that the title page be copied for each commissioner and that the electronic version be placed on the computer drive in the Commission Office. The City Commission generally agreed. 11.2 Discussion of proposed amendment to Charter provision relating to surplus realty-Habitat for Humanity. (Vice-Mayor Chunn) Vice-Mayor Chunn was pleased to report that $200,000.00 is being made available to build homes in the City of Dania Beach from The SEED ($100,000) and a match from Habitat for Humanity ($100,000). He mentioned that Habitat is encountering some legal problems when trying to purchase land for building the home on and that City Attorney Ansbro would explain the possible Charter amendment. City Attorney Ansbro explained that the City Charter requires a 4/5 vote to dispose of city owned surplus property once the City has no use or public need for the land and that property valued at $250,000 or more must be disposed of by referendum vote. The City might have some vacant lots with extensive liens that could be used for the Habitat for Humanity Program, however, the Charter prohibits Habitat for Humanity from acquiring property from the City without going to bid. Usually, Habitat for Humanity is interested in lots ranging in value from $7,000 to $15,000 and they purchase 4 to 7 lots in an immediate area for a more cost-effective way to build homes. Attorney Ansbro asked for input from the City Commission on whether or not to pursue a Charter amendment to provide for this type of use. MINUTES REGULAR MEETING CITY OF DANIA BEACH 15 SEPTEMBER 25, 2001 Commissioner Mikes was concerned that it was not legal to transfer public funds to a private owner, even though a 50% match is being provided. Attorney Ansbro suggested that a deed restriction could be provided as another option so that the land could only be used for housing. Mayor Flury was of the opinion that the problem is not the ability to dispose of property, but rather to foreclose on properties with extensive liens. Attorney Ansbro advised that it would be a policy decision to remove liens on properties acquired by the City and then sell the land free and clear to an organization such as Habitat for Humanity. Discussion followed on the City also having vacant land compounded with liens from the Hospital District and there being a need to obtain an inventory of vacant lots. Commissioner Mikes suggested that the City had certain limitations on property and the City may have to auction the land and then place deed restrictions on the property to make it favorable for Habitat for Humanity to acquire the property. Commissioner Mikes had no problem waiving the liens on some of the lots but knew that the City could not take public resources and direct them to a private individual. Commissioner Mikes mentioned that the provisions in the Charter were placed there to protect the public from illegal motivations by politicians and that the City should maintain those protections. Commissioner McElyea mentioned that there were property owners that need a tax write off that might want to donate their land to Habitat for Humanity. City Attorney Ansbro agreed to research the legal possibilities and bring back a recommendation to the City Commission. ITEM 11.4 WAS HEARD AFTER ITEM 11.2 ITEM #11.3 WAS HEARD AFTER ITEM 8.2. 11.3 Discussion of Professional Engineering Services with Environmental Development Consultants Corporation for the proposed Restaurant Project at the Dania Beach Fishing Pier. (Acting City Manager) Acting City Manager Nunemaker mentioned that Neal Aronson is completing the architectural plans for the restaurant project at the Dania Beach Fishing Pier and recommended utilizing EDC for the Engineering and Permitting aspects of the project. Kevin McCabe, EDC, mentioned his need to review Mr. Aronson's Architectural drawings and agreed to move forward with the permitting process once the site plan was accepted by the City Commission. Mr. Nunemaker advised that funding for the Pier Restaurant had been provided in the Capital Improvement Program in the budget for fiscal year 2001-02. City Attorney Ansbro clarified with Mr. McCabe that his services would be under $25,000.00. MINUTES REGULAR MEETING CITY OF DANIA BEACH 16 SEPTEMBER 25, 2001 A motion was made by Commissioner Mikes, seconded by Commissioner Bertino, to add a 01 resolution to the agenda approving the expenditure. 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 A motion was made by Commissioner Mikes, seconded by Commissioner Bertino, to prepare and adopt a resolution approving expenditure not to exceed $25,000.00 with EDC for Engineering Services for the Fishing Pier Restaurant at Dania Beach. 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 At this time, Mayor Flury presented a check in the amount of $43,833.60 to the City of Dania Beach from the Police and Firefighters Retirement System to cover the annual premium previously born by the retirees who elected to remain in the City's group health insurance program. Mayor Flury commended the Police & Firefighters Pension Board for doing a good job this year. ITEM 9.1 WAS HEARD AFTER 11.3. ITEM 11.4 WAS HEARD AFTER ITEM 11.2. Addendum: 11.4 Request to renew Occupational License for South Florida Sports Committee, Inc. dba/ Air Dania Motocross Park. (Staff) Brian Pennick, South Florida Sports Committee, Inc. and Manager of Pepsi Air Dania Motocross Park, mentioned that an annual renewal of his Occupational License is a condition to the Special Exception use for motocross park. Discussion followed on his efforts to clean up the property that was previously used as a dump and current geotechnical concerns that might require him to remove some logs and plastic that was buried years ago. Mr. Pennick agreed to provide free advertising on the site for many businesses in Dania Beach and mentioned that there was currently a purchase agreement for the site. A motion was made by Commissioner Bertino, seconded by Vice-Mayor Chunn, approving the renewal of the Occupational License for one year for South Florida Sports Committee, 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 MINUTES REGULAR MEETING CITY OF DANIA BEACH 17 SEPTEMBER 2552001 12. APPOINTMENTS: (NO APPOINTMENTS WERE SUBMITTED) 12.1 Appointment of 4 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." 12.2 Appointment of 1 member to the Budget Advisory Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF A MEMBER TO THE BUDGET ADVISORY BOARD; PROVIDING THAT SAID MEMBER SHALL SERVE A TWO (2) YEAR TERM EXPIRING 12:00 NOON, MARCH 18, 2003; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." 12.3 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." 12.4 Appointment by Commission of two (2) Alternate members to the Code Enforcement Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF TWO (2) ALTERNATE MEMBERS TO THE CODE ENFORCEMENT BOARD; PROVIDING THAT SAID ALTERNATE MEMBERS SHALL SERVE THREE-YEAR • TERMS FROM SEPTEMBER 8, 2001 THROUGH SEPTEMBER 7, 2004; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." 12.5 Appointment of 5 members to Dania Economic Development Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF MEMBERS TO THE "DANIA ECONOMIC DEVELOPMENT BOARD;" PROVIDING THAT SAID MEMBERS SHALL COMPLETE TWO (2) YEAR TERMS EXPIRING 12:00 NOON, MARCH 18, 2003; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." 12.6 Appointment of 3 members to Human Relations Board. "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." 12.7 Appointment of 2 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." 12.8 Appointment by Commission of one (1) Alternate to Nuisance Abatement Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF ONE (1) ALTERNATE TO THE NUISANCE ABATEMENT BOARD; MINUTES REGULAR MEETING CITY OF DANIA BEACH 18 SEPTEMBER 25, 2001 1 PROVIDING THAT SAID MEMBER SHALL COMPLETE A TWO-YEAR TERM EXPIRING 12:00 NOON, MARCH 18, 2003; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.' 12.9 Appointment of 5 members to Parks, Recreation and Community Affairs Advisory Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF MEMBERS TO THE "PARKS, RECREATION AND COMMUNITY AFFAIRS ADVISORY BOARD;" PROVIDING THAT SAID MEMBERS SHALL COMPLETE TWO (2) YEAR TERMS EXPIRING 12:00 NOON, MARCH 18, 2003; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." 13. ADMINISTRATIVE REPORTS: 13.1 City Manager— no comments 13.2 City Attorney Ansbro advised that the Nuisance Abatement Board had imposed a $250.00 a day fine for approximately one week for Chubb's Lounge for their failure to obtain off-duty detail, which they finally obtained, and that the Board would be presenting a recommendation to the City Commission on October 9th ordering the business closed. 14. ADJOURNMENT This meeting was adjourned at 10:25 p.m. PAT FLURY, MAYOR ATTEST: CHARLENE JOH ON ACTING CITY CLttK APPROVED: October 9, 2001 MINUTES REGULAR MEETING CITY OF DANIA BEACH 19 SEPTEMBER 25, 2001