Loading...
HomeMy WebLinkAbout1755 - MINUTES - City Commission MINUTES DANIA BEACH CITY COMMISSION REGULAR MEETING OCTOBER 9, 2001 1. CALL TO ORDER: Mayor Flury called the meeting to order at 7:00 p.m. 2. INVOCATION AND PLEDGE OF ALLEGIANCE 'Reverend T. Lewis, Gethsemane Missionary Baptist Church 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 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 Mimi Donly, Chamber of Commerce, encouraged public attendance at the annual fundraising event, "Mannequin Ball", being held at the Design Center of the Americas (DCOTA) on Saturday, October 13, 2001. Interested parties were encouraged to contact the Chamber of Commerce for tickets. 4.2 Mike Busacca, 712 SE 3 Lane, requested clarification on why bulk trash pick up was not being conducted in his alley and mentioned that numerous residents were planning to submit a petition opposing the use of front yards for bulk trash pickup. Mayor Flury requested that Bud Palm, Utilities/Public Works Director, be given the opportunity to research the matter in an effort to resolve the issue before residents pursue the petition action. Mr. Busacca agreed. Bud Palm, Utilities/Public Works Director, was directed to look into the matter and report back on October 23rd 4.3 Chip Brockman, 305 SE 4 Street, requested that the Dania Optimist Club be given the opportunity to provide input on the types of sports events and use of the $150,000.00 grant funding being provided from FRDAP (Florida Recreation Development Assistance Program) for MINUTES REGULAR MEETING CITY OF DANIA BEACH 1 OCTOBER 9, 2001 Frost Park. Mayor Flury mentioned that staff is scheduling a planning process to discuss park • improvements under the Broward County grants and that the grant programs were being addressed tonight under Item 7.10. 5. PRESENTATIONS AND SPECIAL EVENT APPROVALS: Chief Robert Anton, BSO, notified the City Commission and the public that he would be attending a meeting with Broward County and the Fort Lauderdale-Hollywood International Airport tomorrow regarding the scheduling of a "Parade of Planes" event for November 7, 2001, at 10:00 a.m. through 2:00-p.m: Roads-would be closed from New Griffin Road east bound from the Sheraton Hotel, on the west side of Dania Cut-Off Canal near Old Griffin Road, and west bound from U.S. #1 while planes disperse from Perimeter Road, under their own power, with a police escort onto Federal Highway to reach the Broward County Convention Center. The planes would remain at the Convention Center until November 10th and return back to the airport between the hours of 2:00 p.m. to 5:30 p.m. Chief Anton advised that the parade would impact City services and public safety but the event would not involve the use of Dania Beach BSO deputies. Chief Anton awarded the Deputy of the Month to Chris Geary for September 2001. 6. PROCLAMATIONS: Acting City Manager Nunemaker read the following proclamations in their entirety 6.1 A proclamation ratifying the designation of October 6th and 7th as "Pioneer Days" in the City of Dania Beach. Commissioner McElyea mentioned that "Pioneer Days" was held this year in Plantation. The Dania Beach exhibit received second place throughout the County and five pioneers were selected from Dania Beach: Dorothy Ash Baker, Glenn "Skeeter" Conn, William "Bill" Brook, Naomi Cartwright Turnquest and Mimi Tubbs Walden. 6.2 A proclamation declaring the month of October as "Domestic Violence Month" in the City of Dania Beach. 6.3 A proclamation declaring the week of October 15 through 19, 2001 as "National School Lunch Week" in the City of Dania Beach. 6.4 A proclamation declaring the month of November as "National Epilepsy Awareness Month" in the City of Dania Beach. ITEM 11.1 AND 11.4 WERE HEARD AFTER ITEM 6. ITEM 7 (CONSENT AGENDA)WAS HEARD AFTER ITEM 11.1 AND 11.4. ITEMS PULLED FROM THE CONSENT AGENDA: City Attorney Ansbro pulled item 7.10, Commissioner Mikes pulled items 7.11, 7.12 and 7.13, Commissioner Bertino pulled item 7.9, and Mayor Flury pulled items 7.7 and 7.8. • 7. CONSENT AGENDA (INCLUDING EXPENDITURES): Bills — MINUTES REGULAR MEETING CITY OF DANIA BEACH 2 OCTOBER 9, 2001 • 7.1 Approval of bills for the month of August, 2001. Minutes: 7.2 Approval of minutes for January 25, 2000, regular meeting. 7.3 Approval of minutes for September 6, 2001, special meeting. 7.4 Approval of minutes for September 24, 2001, special budget meeting. 7.5 Approval of minutes for September 25, 2001, regular meeting. Travel Expenditures: 7.6 November 26-29- Approval for Bud Palm to attend South Florida American Water Works Association conference in Kissimmee. 7.14 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE SUPPLIES, SERVICES, MATERIALS, AND EQUIPMENT IN THE AMOUNT OF $8,880.00 FROM CLASSIC CONCRETE, INC., WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS, FOR THE INSTALLATION OF CURBING IN RELATION TO THE BEAUTIFICATION GRANT IMPROVEMENTS FOR DANIA BEACH BOULEVARD; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Ordinances —Title to be read by city attorney-None A motion was made by Commissioner McElyea, seconded by Vice-Mayor Chunn, approving the • Consent Agenda with the exception of Items 7.7, 7.8, 7.9, 7.10, 7.11, 7.12 and 7.13. The motion passed on the following 4/0 roll call vote with Commissioner Bertino out of the room. Commissioner McElyea-yes Commissioner Mikes-yes Vice-Mayor Chunn-yes Mayor Flury-yes ITEMS PULLED FROM THE CONSENT AGENDA: Resolutions: 7.7 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE AGREEMENT WITH STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL PROTECTION, FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM, AND THE CITY OF DANIA BEACH FOR FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM GRANT, PATRICK J. MELI PARK IN THE AMOUNT OF $150,000.00 FOR THE SCOPE OF SERVICES OUTLINED IN THE AGREEMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. For the benefit of the public, Mayor Flury requested an explanation from Acting City Manager Nunemaker on the grants for the parks. Acting City Manager Nunemaker advised that Items 7.8 and 7.9 were being funded by $300,000.00 in matching funds from the City and $300,000.00 from the Florida Recreation Development Assistant Program grant for a total of $600,000.00 in improvements at Patrick J. Meli Park, Charlie Will Thomas Park and Frost Park. In addition, Mr. Nunemaker advised that • additional funding had been budgeted for other park improvements this year and that a visioning MINUTES REGULAR MEETING CITY OF DANIA BEACH 3 OCTOBER 9, 2001 process would be scheduled with the City Commission and the public so as to determine the best way to spend the funds for improving the parks. 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 Commissioner McElyea-yes Commissioner Mikes-yes Vice-Mayor Chunn-yes Mayor Flury-yes 7.8 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE AGREEMENT WITH STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL PROTECTION, FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM, AND THE CITY OF DANIA BEACH FOR FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM GRANT, CHARLIE WILL THOMAS PARK IN THE AMOUNT OF $150,000.00 FOR THE SCOPE OF SERVICES OUTLINED IN THE AGREEMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, adopting the resolution. The motion passed on the following 5/0 roll call vote: • Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Mikes-yes Vice-Mayor Chunn-yes Mayor Flury-yes 7.9 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE AGREEMENT WITH BROWARD COUNTY AND THE CITY OF DANIA BEACH FOR BROWARD COUNTY SWIM CENTRAL GRANT PROGRAM, PATRICK J. MELI AQUATIC COMPLEX, IN THE AMOUNT OF $1,172,080.00 FOR THE SCOPE OF SERVICES OUTLINED IN THE AGREEMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Acting City Manager Nunemaker advised that the City would have five years to implement the swimming pool program at Patrick J. Meli Park and that the improvements are fully reimbursable under the Broward County Swim Central Grant. Commissioner Bertino stressed the need for the size of the pool to conform to the required competitive pool size so that the City could obtain additional revenue from schools who would want to use the pool for practices and competitive meets. Commissioner Mikes requested that the Parks & Recreation Director provide a review and report on the liability insurance exposure, operational costs, and staffing needs for the proposed aquatic complex. A motion was made by Vice-Mayor Chunn, seconded by Commissioner Bertino, adopting the resolution. MINUTES REGULAR MEETING CITY OF DANIA BEACH 4 OCTOBER 9, 2001 The motion passed on the following 5/0 roll call vote: • Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Mikes-yes Vice-Mayor Chunn-yes Mayor Flury-yes 7.10 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE DESIGN/BUILD CONTRACT WITH RECREATIONAL DESIGN AND CONSTRUCTION, INC. IN CONJUNCTION WITH THE FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) GRANT FOR IMPROVEMENTS TO FROST PARK; AUTHORIZING THE SCOPE OF SERVICES FROM RECREATIONAL DESIGN AND CONSTRUCTION, INC. TO BE COMPLETED UNDER THE COOPERATIVE PURCHASE AGREEMENT WITH BROWARD COUNTY "ACCESSIBILITY COMPLIANCE AND MISCELLANEIOUS PROJECTS" RLI#042095-RB, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Acting City Manager Nunemaker explained that the request is for implementation of the initial FRDAP grant improvements at Frost Park. City Attorney Ansbro advised that state statute requires bidding of construction projects in excess of $200,000.00 and that he would be working with City Clerk Johnson on a more coordinated review of expenditure items such as these prior to placement on the agenda. In regards to projects that are actually design-build, Attorney Ansbro advised that there was another state statute that would apply. A motion was made by Commissioner Mikes, seconded by Commissioner McElyea, deferring Item 7.10 to October 23rd for a final legal report. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Mikes-yes Vice-Mayor Chunn-yes Mayor Flury-yes 7.11 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A CHANGE ORDER IN THE AMOUNT OF $62,864.91 SUBMITTED BY MEF CONSTRUCTION, INC. AS IT RELATES TO THE NORTHWEST NEIGHBORHOOD BEAUTIFICATION PROJECT — PHASE III AND SOUTHWEST NEIGHBORHOOD BEAUTIFICATION PROJECT — PHASE IV, UNDER THE 25T" YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM; PROVIDING THAT THE ORIGINAL CONTRACT AMOUNT OF $186,536.00 SHALL BE INCREASED TO $249,400.91 FOR SAID PROJECT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Mikes expressed concern that the Change Order is in excess of 25% and requested that staff provide an explanation. Acting City Manager Nunemaker explained that the initial scope of the project was $300,000.00 and that the Change Order would cover costs to provide additional sidewalks that were not considered by the engineer. MINUTES REGULAR MEETING CITY OF DANIA BEACH 5 OCTOBER 9, 2001 . The City Commission expressed concern that they were not made aware that the 25th year CDBG grant was a matching grant. Commissioner Bertino mentioned that the City could not always afford grants that require a matching contribution. Mr. Nunemaker explained that the 25th Year Broward County Community Development Block Program became competitive, instead of non-competitive, and that the City was required to contribute 60% and Broward County agreed to contribute 40%. In the 26th year, Broward County CDBG program changed back to a non-matching grant. Mr. Nunemaker was of the opinion that in-1999 during the 25th year CDBG process, Broward County changed its method of funding projects in order to more evenly distribute funding and provide more projects county-wide. The City did not receive enough points for its proposed project and the past city manager was most likely required to offer a certain level of matching funds. The Cit 's match for the 25th year CDBG funding had previously been budgeted and the 261h and 27t year CDBG programs are 100% funded. A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, deferring the resolution to October 23rd in order for City Attorney Ansbro to research the grant project to determine if the funds were expended legally and that the proper authorization had been provided for the expenditure of the funds and to report back to the City Commission. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Mikes-yes Vice-Mayor Chunn-yes • Mayor Flury-yes 7.12 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND THE DANIA GENERAL EMPLOYEES ASSOCIATION, AFSCME, LOCAL 3535 AFL-CIO, COVERING THE PERIOD FROM OCTOBER 1, 2001, THROUGH SEPTEMBER 30, 2004; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Mikes mentioned that the City's largest costs relate to personnel and that he thought another Executive Session was going to be held prior to approval of the Collective Bargaining agreements. Due to the current war situation in the country and concern for a possible recession, Commissioner Mikes recommended that wages be frozen and that staff increases be held off until later in the year. In addition, he recommended that the City implement the strongest drug testing policy allowed under the law. City Attorney Ansbro advised that the City could have negotiated a requirement that employees be subject to random drug testing, however, the City cannot just unilaterally test randomly for drugs. Acting City Manager Nunemaker advised that the drug testing language provided in the union contracts were a compromise reached between management and the unions in order to address the intrusiveness felt by the employees verses the city's concerns about liability and 0 exposure in achieving the best insurance rates possible. MINUTES REGULAR MEETING CITY OF DANIA BEACH 6 OCTOBER 9, 2001 Commissioner Mikes stated that other cities have stronger drug testing policies and felt that a • two-year contract would be more acceptable at this time. Dave Keller, Finance Director, explained that General Employees' salaries were addressed this year with an association between the COLA (Cost of Living Adjustment) and the CPI (Consumer Price Index) and that the contract provides for a 3% wage increase the 1st year, a 4% increase the 2"d year, and a 4.5% increase in the 3rd year. The City budgeted 4% for salary increases in the first year so the agreement by the General Employees to accept a 3% increase provides the City an estimated savings of $40,000.00 to $45,000.00. In addition, the General Employees agreed to initiate a contribution-from their salaries for dependent health care coverage, which would provide 2.5% of the total cost of dependent health care. The cost to employees is approximately $10.30 per pay period or $267.00 per year. In the second year, the dependent coverage would increase to 9.7% or $293.80 per year and 8.8% in the 3rd year for a total of $319.80 per year per employee. Further, the contract provides that the City undertake a Pay for Performance and Classification Study that would include a review of the current longevity schedules for future employees. Upon completion of the study, the contract provides language allowing a reopener for further discussion of the results of the study. In response to Commissioner Mikes's questions on people retiring after 8 years service, Sheryl Chapman, Administrative Services Director, explained that employees could buy-back, at considerable cost, their years of active service in the military after 4 years of City service under the 8 year vesting requirement and retire as long as they reached retirement age. In regards to the 8-year vesting, Commissioner Bertino explained that anyone desiring to retire after only eight years of service would not be receiving the same benefit as a long-term employee. The monthly retirement benefit is based on a 3% multiplier formula times the years of service, which provides a percentage of employee's monthly salary to determine the monthly pension benefit. In addition, the City and the employee provide contributions in order to cover the impact of an employee's retirement, which also protects the plan. He was of the opinion that the drug testing language provided in the contract was adequate and pointed out that employees are subject to additional testing if there is probable cause. Should the country experience a severe catastrophic event, he stated that the City would be legally required to operate a balanced budget and take other measures if necessary. Mayor Flury explained that negotiating these collective bargaining agreements was not an easy process and that indecisiveness is distracting for employees. The General Employees should be commended for working with the City by agreeing to the 3% increase in the first year, which will save the City money and for paying 2.5% of the dependent care insurance costs. In addition, drug testing should be conducted at the beginning of employment and additional drug testing should be based on reason and not on a random basis, which could subject the City to legal concerns. Sheryl Chapman advised that the language provided in the contract was taken from the Drug Free Workplace Act and that stronger language could have been bargained for in the negotiation process. In addition, the City takes other steps to deal with drug problems and that random testing is provided to persons with commercial drivers licenses. A motion was made by Commissioner Bertino, seconded by Vice-Mayor Chunn, adopting the resolution approving the General Employees' Collective Bargaining Agreement. The motion passed on the following 4/1 roll call vote: MINUTES REGULAR MEETING CITY OF DANIA BEACH 7 OCTOBER 9, 2001 Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Mikes-no Vice-Mayor Chunn-yes Mayor Flury-yes 7.13 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF DANIA AND THE DANIA ASSOCIATION OF FIREFIGHTERS, LOCAL 3080, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, COVERING THE PERIOD FROM OCTOBER 1, "2001; THROUGH-SEPTEMBER 30,'2004; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE Dave Keller, Finance Director, expressed appreciation to William Johnson and Sergio Pellecer, Union Presidents, and other employees who were involved in,the negotiation process for their efforts to work with the City in good faith on the union contracts. He explained that the Firefighters' Contract provides for the same salary increases provided for in the General Employees' Contract and that the City will save approximately $25,000 in the first year. The Firefighters also agreed with the same dependent health care contribution, drug testing, and Pay for Performance and Classification Study items. The City will save approximately $30,000 . in the 1 st year of the contract with the inclusion of the Drug Free Workplace Act language. Further, the Firefighters agreed to enter into a 2-tiered system for pension costs where firefighters employed after October 1, 2001, would contribute 4.5% more of their own salaries towards pension benefits for a total of 6.46% (currently 2%) savings to the City. • Commissioner Mikes was concerned with possible Federal mandates being imposed on the City in regards to minimum manning requirements that might increase the cost on the City to provide service. Discussion followed on the status change from Lieutenant to Captain in the contact and Deputy Chief Brown advised that it would provide parity with firefighters from surrounding cities as part of the mutual aide agreements. Mr. Keller explained that the per capita cost for fire services was being reduced to $215.00 for Dania Beach in comparison to Hollywood's $180 - $200 based on the addition of the newly annexed area that increased the City's population to 28,000. A motion was made by Commissioner Bertino, seconded by Vice-Mayor Chunn, adopting the resolution approving the Firefighters' Collective Bargaining Agreement. The motion passed on the following 4/1 roll call vote: Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Mikes-no Vice-Mayor Chunn-yes Mayor Flury-yes 8. BIDS AND REQUESTS FOR PROPOSALS: NONE 9. PUBLIC HEARINGS AND SITE PLANS: 9.1 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 MINUTES REGULAR MEETING CITY OF DANIA BEACH 8 OCTOBER 9, 2001 LICENSES; 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. (SECOND READING) City Attorney Ansbro read the title of the Ordinance for second reading. Attorney Susan Travarthan, Weiss, Serota, et al, advised that the proposed Ordinance provides a clearer understanding of the necessary process to follow when establishing a Zoning in Progress and outlines the consequences of establishing the Resolution for a Zoning in Progress so that items before the City Commission would be reviewed and evaluated based on pending regulations. Mayor Flury opened the public hearing. At the request of Faye Bartelmes, City Attorney Ansbro explained that the Ordinance provides the City the opportunity to use the new law while trying to implement a Zoning in Progress so that a thorough review and evaluation of zoning requests could be conducted. 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 5/0 roll call vote: Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Mikes-yes Vice-Mayor Chunn-yes Mayor Flury-yes 9.2 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. (SECOND READING) City Attorney Ansbro read the title of the Ordinance for second reading. Laurence Leeds, Growth Management Director, advised that the Ordinance improves the pervious area ordinance in the Code and recommended approval. 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 Mikes, seconded by Commissioner Bertino, adopting the Ordinance on second reading. The motion passed on the following 5/0 roll call vote: MINUTES REGULAR MEETING CITY OF DANIA BEACH 9 OCTOBER 9, 2001 t Commissioner Bertino-yes Commissioner McElyea-yes • Commissioner Mikes-yes Vice-Mayor Chunn-yes Mayor Flury-yes 9.3 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. (SECOND READING) City Attorney Ansbro read the title of the Ordinance for second reading. Laurence Leeds, Growth Management Director, advised that the Ordinance incorporates language from State Statutes dealing with repeat violators and expands the jurisdiction of the Code Enforcement Board to include the ability to enforce certain restrictions relating to commercial and recreational. Commissioner Mikes was concerned with the repeat violator language being too strong and the • need for Code Enforcement to be used to obtain code compliance and not as a revenue source for the City. Acting City Manager Nunemaker clarified that staff tries to remedy code situations before they go to the Code Enforcement Board. Mayor Flury opened the public hearing. Beulah Lair, Code Enforcement Board Member, advised that the Code Enforcement Board takes action to assist property owners who have financial or medical difficulties before fines are imposed and that the majority of violators are absentee landlords. Hearing no further comments, Mayor Flury closed the public hearing. A motion was made by Commissioner Bertino, seconded by Commissioner Mikes, amending the Ordinance on Page 11, Sec. 2-85 (c) to include the following language "In determining the amount of fine, if any, the Code Enforcement Board shall consider the following factors, with the understanding that the primary purpose of the board is to achieve code compliance of businesses and residents and fines are a tool but not the primary intent of the City action." Laurence Leeds, Growth Management Director, advised that the City is providing a six-month Code Enforcement educational period for residents in the newly annexed area. The motion passed on the following 5/0 roll call vote: is Commissioner Bertino-yes Commissioner McElyea-yes MINUTES REGULAR MEETING CITY OF DANIA BEACH 10 OCTOBER 9, 2001 Commissioner Mikes-yes Vice-Mayor Chunn-yes Mayor Flury-yes A motion was made by Commissioner Mikes, seconded by Commissioner Bertino, adopting the Ordinance on second reading as amended. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Mikes-yes Vice-Mayor Chunn-yes Mayor Flury-yes 9.4 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO ZONING; AMENDING SECTION 4-20, THE SCHEDULE OF ZONING DISTRICT USE REGULATIONS IN CHAPTER 28, "ZONING', OF THE CODE OF ORDINANCES TO DELETE THE "TWO-FAMILY DWELLING (DR-2) DISTRICT," "COMMUNITY BUSINESS (DB-2) DISTRICT," "GENERAL BUSINESS (DB-3) DISTRICT," "COMMERCIAL (DC-1) DISTRICT," "LIGHT INDUSTRIAL (DM-1) DISTRICT," "MEDIUM INDUSTRIAL (DM-2) DISTRICT," "GENERAL INDUSTRIAL (DM-3) DISTRICT," AND "LIMITED HEAVY INDUSTRIAL (DM-4) DISTRICT" ZONING DISTRICTS AS OBSOLETE; AMENDING THE SCHEDULE OF LOT, YARD AND BULK REGULATIONS IN CHAPTER 28 TO DELETE STANDARDS FOR THESE DISTRICTS; DELETING ARTICLE 18 OF CHAPTER 28 "TWO-FAMILY DWELLING (DR-2) DISTRICT;" DELETING ARTICLE 19 OF CHAPTER 28 "COMMUNITY BUSINESS (DB- 2) DISTRICT;" DELETING ARTICLE 20 OF CHAPTER 28 "GENERAL BUSINESS (DB- • 3) DISTRICT;" DELETING ARTICLE 21 OF CHAPTER 28 "COMMERCIAL (DC-1) DISTRICT;" DELETING ARTICLE 22 OF CHAPTER 28 "LIGHT INDUSTRIAL (DM-1) DISTRICT;" DELETING ARTICLE 23 OF CHAPTER 28 "MEDIUM INDUSTRIAL (DM-2) DISTRICT;" DELETING ARTICLE 24 OF CHAPTER 28 "GENERAL INDUSTRIAL (DM- 3) DISTRICT;" DELETING ARTICLE 25 OF CHAPTER 28 "LIMITED HEAVY INDUSTRIAL (DM-4) DISTRICT;" PROVIDING FOR CONFLICTS; PROVIDING A SAVINGS CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the title of the Ordinance for first reading. Laurence Leeds, Growth Management Director, advised that the Ordinance removes the "D" zoning districts, which have never been applied to any parcel of land in the City. The City uses the original Dania Code for properties east of Ravenswood Road, the 1990 Zoning Code for the Griffin Road/Ravenswood Road annexation area, and the Broward County Zoning Code for the most recently annexed (September 15, 2001) area. 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 Ordinance on first reading. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Commissioner McElyea-yes MINUTES REGULAR MEETING CITY OF DANIA BEACH 11 OCTOBER 9, 2001 Commissioner Mikes-yes Vice-Mayor Chunn-yes • Mayor Flury-yes 9.5 AN ORDINANCE AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY AMENDING ARTICLE 1 TO DELETE SECTION 17-11.1, ENTITLED "INDECENT OR ADULT ESTABLISHMENTS" IN ITS ENTIRETY; AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, AS FOLLOWS: AMENDING ARTICLE 2, SECTION 2.10, DEFINITIONS, TO CREATE A NEW DEFINITION, ENTITLED "LIVE ENTERTAINMENT" AND TO PROVIDE FOR THE RENUMBERING OF SUBSEQUENT DEFINITIONS; AMENDING ARTICLE 4, SECTION 4.20, ENTITLED "APPLICATION OF REGULATION"; AMENDING ARTICLE 16, SECTION 16.40, ENTITLED "SPECIAL EXCEPTION USES"; AMENDING ARTICLE 27, SECTION 27.20, ENTITLED "PERMITTED USES," SECTION 27.30, ENTITLED "PROHIBITED USES" AND SECTION 27.40, ENTITLED "SPECIAL EXCEPTION USES;" AND AMENDING ARTICLE 30, SECTION 30.40, ENTITLED "SPECIAL EXCEPTION USES;" CREATING A NEW ARTICLE 31 IN CHAPTER 28 ENTITLED "ADULT ENTERTAINMENT ESTABLISHMENTS;" CREATING REGULATED USES TO BE LOCATED ONLY IN INDUSTRIAL-RESEARCH-OFFICE-MARINE (IROM) ZONING DISTRICTS; REQUIRING A DISTANCE SEPARATION OF REGULATED USES FROM SPECIFIED USES; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR VIOLATIONS; PROVIDING A SEVERANCE CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) • City Attorney Ansbro read the title of the Ordinance for first reading. Laurence Leeds, Growth Management Director, explained that the Ordinance provides clarification and refinement of existing regulations governing the potential locations of adult entertainment uses in the IROM .zoning classification. The City Attorney has advised staff that the case law requires that the City provide some limited areas in the community for the adult entertainment use, provided that the adult use cannot be located within 1,000 feet of any existing residentially zoned or planned property, residence, church or house of worship, school, public library, community college or park. In addition, the law includes a 1,000 foot spacing requirement between adult oriented uses. Mr. Leeds clarified that the intent is not to encourage the adult entertainment use, but to allow just enough property for the use so that the City's zoning code would be defensible and safeguard against a proliferation of the adult uses. Mr. Leeds advised the City Commission that another Ordinance dealing with operational issues for adult entertainment would be following in the near future and that this Ordinance deals with the zoning and land use aspects. Attorney Susan Travarthan explained that adult entertainment uses have to compete with other marketable uses in the same area and that the law is concerned with the provisions provided for the uses within the City limits. Currently, the City's code provides more opportunities for adult uses in the City and fewer spatial requirements and the adoption of this Ordinance would provide more protections for the residential and commercial areas. Commissioner Mikes questioned whether existing marina uses or house trailers would meet the residential designation. Mr. Leeds agreed to review marina and house trailer uses in the area and to report back at second reading. MINUTES REGULAR MEETING CITY OF DANIA BEACH 12 OCTOBER 9, 2001 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 first reading. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Mikes-yes Vice-Mayor Chunn-yes Mayor Flury-yes Commissioner Mikes recommended that Mr. Leeds research alcoholic beverage ordinances from other cities for additional prohibitions that might be utilized. (SECOND READING OF ORDINANCE CONTINUED FROM 09/25/01) 9.6 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) City Attorney Ansbro read the title of the Ordinance for second reading and clarified that there are no title restrictions placed against the City Hall property. Acting City Manager Nunemaker advised that revisions were provided from Sprint PCS. Jason Lasky, Sprint PCS, explained that the project had been ongoing for one year and that a number of options were reviewed before a tower was considered. He presented a drawing showing a 97 foot tall stealth PCS tower with a flag pole included and confirmed that all antennas would be included inside. He mentioned that Verizon had expressed an interest in co- locating in the future. Mr. Lasky advised that the space had been reduced to a 20'x30' area at the base with a five-foot landscape buffer and an 8 foot fence. A future co-locater would have to secure a lease with the City to use ground space and should the co-locator not need the ground space, the City would gain 50% of the revenues generated by the company connecting to Sprint's facilities. In addition, Spint agreed to provide $24,000 a year rent with a 5% per year escalator clause; cost recovery fees in the amount of $5,000; and a $15,000 contribution to the City's Landscape Fund. Mayor Flury opened the public hearing. Faye Bartelmes, 214 SW 2 Terrace, opposed the use of City property for the stealth antenna use and encouraged the petitioners to pursue other properties for the use in the area. She pointed out that the use would also reduce needed parking spaces at City Hall. Hearing no further comments, Mayor Flury closed the public hearing. MINUTES REGULAR MEETING CITY OF DANIA BEACH 13 OCTOBER 9, 2001 A motion was made by Commissioner McElyea, seconded by Commissioner Bertino, denying the request. This motion was superceded by the following motion to table. Discussion followed on other locations to be pursued. For clarification, City Attorney Ansbro explained that the City cannot effectively prohibit the provision of wireless services in a particular area in the City. In addition, the City's Code encourages the use on City properties before other locations for antenna uses, which is a permitted use under the zoning category. A motion was made by Commissioner Mikes tabling second reading of the Ordinance to October 23rd. The motion passed on the following 3/2 roll call vote: Commissioner Bertino-no Commissioner McElyea-no Commissioner Mikes-yes Vice-Mayor Chunn-yes Mayor Flury-yes 10. COMMISSION COMMENTS: 10.1 Commissioner Bertino-no comments. 10.2 Commissioner McElyea— no comments. 10.3 Commissioner Mikes expressed his dissatisfaction with three year union contracts. He was displeased with the process used to select Ivan Pato for City Manager, and although he wished Mr. Pato luck in the position, he was concerned that the City has lost credibility should the position need to be advertised in the near future. 10.4 Vice-Mayor Chunn —no comments 10.5 Mayor Flury —no comments ITEM 11.2 WAS HEARD AFTER ITEM 10. 11. DISCUSSION AND POSSIBLE ACTION: ITEM 11.1 AND 11.4 WERE HEARD AFTER ITEM 6. 11.1 Request by Dania Lions Club for waiver of rental fees at I.T. Parker Community Center for Sunday, November 18, 2001. (Staff) Randy Wilkinson, Parks & Recreation Director, advised that staff supports waiver requests for charitable agencies contributing directly to the Dania Beach community. Commissioner Mikes suggested that the I.T. Parker Community Advisory Committee be reformed in order to deal with these types of requests based on the need for the center to receive necessary funding in order to continue to operate without an undue burden on the tax payers. He mentioned that the committee would be made up of citizens and that each City Commissioner would make one appointment. In addition, there are so many worthy organizations that could utilize the use of the center, however, a policy needs to be established on how to deal with these requests. MINUTES REGULAR MEETING CITY OF DANIA BEACH 14 OCTOBER 9, 2001 Commissioner Bertino agreed with Commissioner Mikes on the need to establish an organized procedure to deal with waiver requests in the future for the center and pointed out that everything that the Dania Lion's Club and Dania Improvement Committee goes back into the community. Acting City Manager Nunemaker was of the opinion that the City Commission wanted to approve waiver requests for agencies providing services directly to the City, however, he agreed to review the use of committees and suggested the Human Relations Board Committee as an alternative. A motion was made by Commissioner Bertino, seconded by Vice-Mayor Chunn, approving the waiver requests for Item 11.1 and 11.4 with the understanding that a five-member I.T. Parker Community Center Advisory Board would be formed so that a thorough review of the community center budget could be conducted and a recommendation could be brought back to the City Commission on how to deal with waiver requests for the center. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Mikes-yes Vice-Mayor Chunn-yes Mayor Flury-yes ITEM 7 (CONSENT AGENDA) WAS HEARD AFTER ITEM 11.1 AND 11.4. ITEM 11.2 WAS HEARD AFTER ITEM 10. . 11.2 Request by Attorney James C. Brady to discuss The Copa Nightclub located at 2800 South Federal Highway. (Staff) A motion was made by Commissioner McElyea, seconded by Vice-Mayor Chunn, continuing the request to October 23, 2001. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Mikes-yes Vice-Mayor Chunn-yes Mayor Flury-yes 11.3 Consideration on recommendation of Nuisance Abatement Board in regards Chubb Lounge. (Staff) City Attorney Ansbro advised that the minutes for the Nuisance Abatement Board were still being prepared and that Chubb's Lounge was fined $250.00 a day for six days for failing to obtain police off-duty detail with patrol cars as was recommended. In addition, the Nuisance Abatement Board recommended that the property be closed down as a lounge for one year and the lounge is currently closed as far as staff is aware. Attorney Ansbro advised that the City Commission could take action to accept the Board's recommendation to close the lounge or defer action at this time for another couple of weeks until he has received communication from Pete Prossic's attorney and the tenant's attorney. Mr. Ansbro advised that the attorneys were given notice by fax and email. • MINUTES REGULAR MEETING CITY OF DANIA BEACH 15 OCTOBER 9, 2001 .Commissioner Mikes recommended that a public notice be provided in the newspaper for this matter before action is taken. A motion was made by Commissioner Bertino, seconded by Commissioner Mikes, to continue the item to October 23. Discussion followed on whether the business could open back up without action by the City Commission before the next meeting. Commissioner Bertino withdrew the motion. Deputy Ivan Pato advised that he spoke with the officer from the Alcoholic Beverage Agent who advised him that Chubb's Lounge had not surrendered their beer and wine license as of yet. Attorney Ansbro suggested that police presence be provided to ensure that the lounge is not opened. A motion was made by Commissioner Mikes, seconded by Commissioner Bertino, to continue the item to October 23 with the understanding that a public notice would be placed in the paper, minutes be finished for the Nuisance Abatement Board and that Attorney Ansbro would provide additional documentation in order to address the matter. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Mikes-yes Vice-Mayor Chunn-yes Mayor Flury-yes ITEM 13 WAS HEARD AFTER ITEM 11.3. 11.4 Request by Dania Beach Improvement Committee for waiver of fees at I.T. Parker Community Center for November 2, 2001. (Staff) Approved under Item 11.1. 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. MINUTES REGULAR MEETING CITY OF DANIA BEACH 16 OCTOBER 9, 2001 "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; 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." MINUTES REGULAR MEETING CITY OF DANIA BEACH 17 OCTOBER 9, 2001 t 13. ADMINISTRATIVE REPORTS: 13.1 City Manager: *2000 Safety Award presented to City's Water Plant from American Water Works Association. Jason Nunemaker, Acting City Manager, expressed appreciation to the City Commission and staff for having been given the opportunity to serve the City over the past six months. 13.2 City Attorney Ansbro commended Jason for doing a great job over the past six months. He mentioned that the City is in a transitional period and that the City Commission may want to address an employment contract or appointment of Mr. Pato. The contract would have to be advertised in the newspaper five days before the public hearing and a contract could not extend past two-years, March 2003 elections. Attorney Ansbro explained that he also contacted the Fort Lauderdale Police Department to conduct a background check on Mr. Pato. Commissioner Bertino recommended holding a workshop meeting to discuss the terms of the contract before the contract is advertised. Commissioner Mikes reminded Commissioner Bertino that he mentioned the city manager should live in the City and Commissioner Bertino agreed. Chief Robert Anton, BSO, advised that he spoke with Colonel Carney and Sheriff Jenne and they have agreed to do whatever is best for the City and that Ivan Pato would have to resign his position as deputy by 12:01 a.m. should he be appointed as city manager. • Ivan Pato clarified that he wanted assurance that the City Commission would address the issue of a contract and explained his rational for requesting a salary of $98,000.00. Discussion followed on the salary amounts of some of the department heads and the need to add a 15 to 20% differential to the highest paid department head to establish the city manager salary. Mr. Pato requested that he not begin the position until next Wednesday so that he could take care of some personal matters. Commissioner Mikes was not in favor of a contract being provided to a person who is not qualified for the position. A motion was made by Commissioner McElyea, seconded by Commissioner Bertino, adopting a resolution appointing Ivan Pato as City Manager to serve at the pleasure of the City Commission and setting the salary at $92,000.00. The motion passed on the following 4/1 roll call vote: Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Mikes-no Vice-Mayor Chunn-yes Mayor Flury-yes The City Commission generally agreed to schedule a workshop meeting to discuss the terms of a.contract and Ivan Pato agreed to work with Jason Nunemaker on the possibility of his being appointed Assistant City Manager. 0 MINUTES REGULAR MEETING CITY OF DANIA BEACH 18 OCTOBER 9, 2001 14. ADJOURNMENT • This meeting adjourned at 10:30 p.m. PAT FLURY MAYOR-COMMISSIONER ATT ST: CHARLENE JO SON CITY CLERK Approved on: October 23, 2001 • MINUTES REGULAR MEETING CITY OF DANIA BEACH 19 OCTOBER 9, 2001