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HomeMy WebLinkAbout2000-01-11 Regular City Commission Meeting Minutes MINUTES DANIA BEACH CITY COMMISSION REGULAR MEETING JANUARY 11, 2000 1. MAYOR BERTINO CALLED THE MEETING TO ORDER AT 7.30 P.M. 2. INVOCATION AND PLEDGE OF ALLEGIANCE *Isaac Miranda, Associate Pastor, Griffin Road Baptist Church 3. ROLL CALL Present: Mayor: John Bertino Vice-Mayor: Charles McElyea Commissioners: Jim Cali John Etling Bob Mikes City Attorney: Tom Ansbro City Manager: Mike Smith Deputy City Clerk: Charlene Johnson 4. PRESENTATIONS a)BSO, PAL (Police Athletic League), recognition of Bert Morales as All Star Coach of the Year. Deputy Joseph Williams, Neighborhood Services Unit, commended Mr. Morales for organizing a baseball team in Dania Beach that competed in the Marine RBI Program. The team won the South Florida Division and played Miami in the Championship at Pro Player Stadium, losing 3-2. In addition, Mr. Morales was chosen as All Star Coach and took the team to Melbourne to play. Deputy Williams presented a trophy to Mr. Morales recognizing his outstanding coaching ability. Deputy Richard Tarrant pointed out that the Dania Beach Team from Patrick J. Meli Park beat 29 of the 30 teams in the Broward County league to play on the Marlins' field. b) Presentation by Dania Elementary School on historical project. (Vice-Mayor McElyea) (continued from 12/14/99 meeting) Students from Dania Elementary read reports about the history of Dania Beach. Vice- Mayor McElyea was instrumental in assisting the students and staff with researching the City's history. The students presented the City Commission with a copy of the student's reports and a T-Shirt reading "From Gnats to Dolphins 1905-2000". Dr. Kathleen DiBona, Principal/CEO Dania Elementary School, thanked Vice-Mayor McElyea for sharing his historical information with the school students and presented the City Commission with a Time-Capsule donated by the children and staff from Dania Elementary. MINUTES CITY OF DANIA BEACH 1 JANUARY 11, 2000 Vice-Mayor McElyea presented a "Certificate of Appreciation" to Principal DiBona and staff of Dania Elementary School. Principal DiBona advised the public that Vice-Mayor McElyea will be "Principal for a Day" at Dania Elementary on February 4, 2000. c) BSO-"Deputy of the Month" — Deputy Dennis Allen Chief Anton, BSO District II, commended Deputy Allen for his outstanding performance during the month of December, 1999. His efforts were concentrated on quality of life issues in the northwest section of the City when he made a total of 28 arrests for the month. Chief Anton presented Deputy Allen with the Deputy of the Month award for December, 1999. d) Presentation by Bob Kelly, Executive Director, Graves Museum. Mr. Bob Kelly was pleased to announce that a Florida Symposium on Dinosaur Bird Evolution, Reptors, Rexes, Fuzz and Feathers is being held April 7 & 8, 2000, at the Greater Fort Lauderdale Broward County Convention Center. The symposium is sponsored by the Florida Institute of Paleontology at the Graves Museum Archaeology & Natural History in association with the Department of Geography & Geology, Florida Atlantic University, the University of Kansas Natural History Museum & Biodiversity Research Center and the Royal Tyrrell Museum of Palaeontology. The cost to attend is $200 for each registrant ($100 for students) and the deadline for registration is March 15, 2000. Registration forms will be available in the near future at website dinoraptor@gravesmuseum.org and information may be obtained by calling (954) 925- ® 7770 (Ext. #25). 5. PROCLAMATIONS a) Declaring January 24, 2000, as "Broward League of Cities Millennium Celebration Day" in the City of Dania Beach. Commissioner Etling, representative for Dania Beach on the Broward League of Cities Millennium Committee, explained that the Committee decided to bury a time capsule with material from the 29 cities in Broward County. Since Dania Beach is the oldest incorporated City in Broward County, the City was chosen for the capsule burial. Commissioner Etling advised Dania Elementary staff and students of his desire to include the historical reports read by students tonight and of his intention to include a tape of tonight's meeting in the Time Capsule. The public was encouraged to attend the Time Capsule burial on January 24, 2000, at 11:30 a.m. at the Nyberg/Swanson House, across the street from City Hall. AT THIS TIME, ITEM 6.7 WAS HEARD. 6.7 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING AN AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF DANIA BEACH AND WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A., TO PROVIDE LEGAL SERVICES AS CITY ATTORNEY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. MINUTES CITY OF DANIA BEACH 2 JANUARY 11, 2000 State Representative, Attorney Tim Ryan, Special Counsel for the City, advised that Thomas Ansbro, City Attorney, is changing his employment from Brinkley, McNerney, et al, to Weiss, Serota, et al, effective January 17, 2000. Attorney Ryan explained that he reviewed the agreement with Brinkley, McNerney, et al, and that the City may terminate the agreement at any time with written notice being provided to the firm. The new firm of Weiss, Serota, et al, will also be employed "at will" and at the pleasure of the City Commission. The City Charter provides for the appointment of a City attorney and firm by the City Commission and the only action needed is adoption of a resolution. The new contract contains many of the provisions in the existing contract between the City and Brinkley, McNerny, et al with some changes to the compensation structure where the fees will be based on one/set fee as opposed to the former firm's sliding-scale fee schedule. In addition, there are some provisions stating that certain types of legal services furnished by the City Attorney will not be billable under the new contract. Discussion followed on the costs associated with legal services and the need for professional liability insurance. Attorney Ryan advised that Brinkley, McNerney, et al carried comprehensive insurance coverage and that Weiss, Serota, et al, also maintains comprehensive coverage with limits of$2 million dollars. It was noted that attorney Jamie Cole of Weiss, Serota, et al, will file a Certificate of Insurance with the City Clerk. It was also clarified that Thomas Ansbro will be the lead attorney for Dania Beach from the firm of Weiss, Serota, et al. The City Commission expressed their appreciation to the firm of Brinkley, McNerney, et al for doing a great job for the City of Dania Beach. Attorney Ryan advised that a letter will be delivered to the managing partner of Brinkley, McNerney, et al, this week with an effective termination date of January 17 and that a contract will be executed prior to that date so that legal services for the City will remain ® uninterrupted. A motion was made by Commissioner Cali, seconded by Commissioner Etling, adopting the resolution approving an agreement with the firm of Weiss, Serota, et al with an effective date of January 17, 2000. The motion passed on the following 5/0 roll call vote: Commissioner Cali —yes Commissioner Etling-yes Commissioner Mikes —yes Vice-Mayor McElyea —yes Mayor Bertino-yes (ITEMS PULLED FROM THE CONSENT AGENDA; 6.4, 6.5, 6.12, 6.13 AND 6.14) 6. CONSENT AGENDA (including expenditures) Minutes: 6.1 Approval of minutes of Special Meeting, December 29, 1998. 6.2 Approval of minutes of Special Meeting, December 10, 1999. 6.3 Approval of minutes of Special Meeting, December 14, 1999. Resolutions: • 6.6 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SETTLEMENT OF THE LAWSUIT MINUTES CITY OF DANIA BEACH 3 JANUARY 11, 2000 RELATED TO THE UNDERPAYMENT BY BROWARD COUNTY OF "MINNET" FUNS FOR EMERGENCY MEDICAL SERVICES; PROVIDING FOR AN EFFECTIVE DATE. 6.8 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR THE 26T" YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (2000-2001) IN THE AMOUNT OF $218,100.00; PROVIDING FOR FUNDING FOR SOUTHWEST IMPROVEMENTS PHASE V IN THE AMOUNT OF $197,821.00 AND ALLOWING DANIA BEACH HOUSING AUTHORITY TO APPLY UNDER CITY'S APPLICATION IN THE AMOUNT OF $20,279.00; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE SAID APPLICATION; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 6.9 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE DISASTER RELIEF FUNDING AGREEMENT NO. 00- RM-AA-11-16-02-045 BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS, AND THE CITY OF DANIA BEACH COVERING FEDERAL AND STATE ASSISTANCE FOR HURRICANE IRENE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING AN EFFECTIVE DATE THEREFOR. 6.10 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING A TWO-YEAR PREMIUM GUARANTEE AGREEMENT ® WITH FLORIDA MUNICIPAL INSURANCE TRUST COVERING CITY'S CURRENT INSURANCE POLICIES FOR GENERAL AND PROFESSIONAL LIABILITY, AUTOMOBILE, PROPERTY AND WORKERS' COMPENSATION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 6.11 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PREPARE AND FILE AN APPLICATION WITH BROWARD COUNTY FOR AN ENHANCED MARINE LAW ENFORCEMENT GRANT COVERING THE FISCAL YEAR 2000/2001; PROVIDING FOR THE EXECUTION OF ALL DOCUMENTS RELATED THERETO AS THE AUTHORIZED REPRESENTATIVE OF THE CITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Commissioner Etling, seconded by Commissioner Cali, adopting the Consent Agenda with the exception of items 6.4, 6.5, 6.12, 6.13 and 6.14. The motion passed on the following 5/0 roll call vote: Commissioner Cali —Yes Commissioner Etling-Yes Commissioner Mikes —Yes Vice-Mayor McElyea —Yes Mayor Bertino-Yes • 6.4 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE GRANT ADJUSTMENT NO. 1 BETWEEN THE CITY MINUTES CITY OF DANIA BEACH 4 JANUARY 11, 2000 OF DANIA BEACH AND THE STATE OF FLORIDA, DEPARTMENT OF • JUVENILE JUSTICE, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Manager Smith advised that Items 6.4 and 6.12 are being pulled in order to discuss the items further with Mr. Arlon Kennedy at a workshop meeting on January 18, 2000. Commissioner Mikes stressed the importance of getting the different groups to work together to help the children in the community from being impacted by the drug dealing that goes on. Commissioner Mikes suggested that all of the different groups be invited to the workshop meeting. Mayor Bertino suggested that Broward County may have some human resource programs available to the City and asked staff to invite County representatives who may be able to speak on those types of programs at the workshop meeting. This Resolution was continued to the workshop meeting scheduled for January 18, 2000 at 7:00 p.m. The City Commission generally agreed that a motion was not needed to continue the item. 6.5 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, EXTENDING THE COMPLETION DATE FROM JANUARY 1, 2000 TO JUNE 30, 2000 FOR THE DREDGING PROJECT AT TIGERTAIL LAKE AS REQUESTED BY RYAN INCORPORATED EASTERN; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. In response to Commission questions, Don Windham, Calvin, Giordano &Associates, explained that they have encountered some problems running into hard rock in Tigertail Lake at minus 35 feet which did not show up on the original saw borings that the City did a few years ago. The saw borings were limited to the outside perimeter because the City did not hire a float and rig and go out across the lake. With the limited space and hard rock, Mr. Ryan, of Ryan Incorporated Eastern, has located a heavy-duty dredge and is presently at 30 feet of water and needs to be at minus 50. Ryan Eastern needs to sell the fill in order to get their money back that was paid out for improvements in the front end of the agreement. Mr. Windham mentioned that there is a need to dredge 250,000 to 300,000 yards of fill from Tigertail Lake. If Ryan Eastern does not sell the fill, the City of Dania Beach would be responsible for the Ryan Eastern costs. Mr. Windham clarified that blasting was never an option. A motion was made by Commissioner Cali, seconded by Commissioner Etling, adopting the resolution. The motion passed on the following 4/1 roll call vote: Commissioner Cali —yes Commissioner Etling-yes Commissioner Mikes —yes Vice-Mayor McElyea —no Mayor Bertino-yes 6.12 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, • PROVIDING FOR A FUNDING AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND THE INSTITUTE FOR COMMUNITY MINUTES CITY OF DANIA BEACH 5 JANUARY 11, 2000 EMPOWERMENT, A NON-PROFIT CORPORATION, FOR THE ICE CUBE PROGRAM AT CHARLIE WILL THOMAS PARK; PROVIDING FOR UP TO $45,000.00 IN FUNDING FROM OCTOBER 1, 2000 THROUGH SEPTEMBER 30, 2001; FUNDING TO BE CONDITIONAL UPON AVAILABILITY FROM LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDING; PROVIDING THAT THE SCOPE OF SERVICES BE PERFORMED AS SPECIFIED BY THE CONTRACT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. This Resolution was continued to workshop meeting with Arlon Kennedy scheduled for January 18, 2000 at 7:00 p.m. The City Commission generally agreed that a motion was not needed to continue the item. 6.13 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, SUPPORTING AN INITIATIVE OF THE BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS TO APPROPRIATE ONE CENT ($0.01) OF THE LOCAL OPTION MOTOR FUEL TAX TO FUND PUBLIC TRANSPORTATION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Cali urged the City Commission to consider the fact that Dania Beach is an eastern City with more transit needs than a western City, therefore, the funds from the additional one cent tax should be distributed to cities based on transit need and not on population. • Phyllis Barry, Broward County Transit, clarified that the proposal for the one-cent tax is not being presented by Broward County Transit or the Broward County Commission. Rather, the proposal was developed by a group of City and county officials. In an effort to be fair, the group prepared a two-tier approach to funding. The first 26% is given to cities on the basis of population, an additional 26% is available for community bus shuttle programs based on need, and 48% would be used to enhance the current Broward County transit system. A motion was made by Commissioner Mikes, seconded by Commissioner Cali, continuing the resolution to January 25, 2000 so that the City's suggestions could be discussed with Broward County. The motion passed on the following 4/1 roll call vote: Commissioner Cali —Yes Commissioner Etling-No Commissioner Mikes —Yes Vice-Mayor McElyea —Yes Mayor Bertino-Yes Ordinances— Title to be read by City attorney 6.14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, ADDING ARTICLE 4, "WILDLIFE PROTECTION", TO CHAPTER 29, ENTITLED "LAND DEVELOPMENT", OF THE CITY OF DANIA BEACH CODE OF ORDINANCES, TO PROVIDE FOR THE • PROTECTION OF WILDLIFE; PROVIDING FOR CONFLICTS; MINUTES CITY OF DANIA BEACH 6 JANUARY 11, 2000 PROVIDING A SEVERANCE CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING OF ORDINANCE) A motion was made by Commissioner Mikes, seconded by Commissioner Etling, amending Article 4, #1, first sentence by replacing "(1) acre"with 1/2 acre" and adopting the ordinance as amended on first reading with the understanding that staff will invite a county expert to the January 25th meeting to discuss the relocation of animals. The motion passed on the following 5/0 roll call vote: Commissioner Cali—Yes Commissioner Etling-Yes Commissioner Mikes —Yes Vice-Mayor McElyea —Yes Mayor Bertino-Yes 7. BIDS AND REQUESTS FOR PROPOSALS:-NONE 8. PUBLIC HEARINGS (continued from 12114199 commission meeting) 8.1 VA-76-99 -Variance request by Pascal Richer from Chapter 28, Zoning, Article 5, Supplementary Lot Regulations, Section 5.36, Walls, Fences and Hedges. Mr. Richer would like to request a fence height in the front yard of 6 feet limited to 4 feet for property located at 255 South Dixie Hwy., Dania Beach. A RESOLUTION APPROVING THE VARIANCE REQUEST SUBMITTED BY PASCAL RICHER, FROM CHAPTER 28, ARTICLE 5, SUPPLEMENTARY LOT REGULATIONS, SECTION 5.36, WALLS, FENCES AND HEDGES, FOR PROPERTY LOCATED AT 255 SOUTH DIXIE HWY., DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro advised that the variance request was continued from the December 14, 1999, regular Commission meeting. Leigh Kerr, Planning Consultant for the City, explained that the variance was continued due to a concern about whether the variance was noticed correctly. Mr. Kerr advised that the property is unique as it is a triangular shaped property and he stated that staff and the Planning & Zoning Board are recommending approval. Mayor Bertino opened the public hearing. Hearing no one speak in favor or opposition, Mayor Bertino closed the public hearing. Mayor Bertino mentioned that there have been complaints about numerous vehicles being parked on the property and whether or not the petitioner was conducting a used- car dealership from the property. Mayor Bertino mentioned that he counted 19 vehicles parked on the site at one time and that the property should be used for residential purposes only. Pascal Richer, petitioner, admitted that he did have several cars parked on the property a while back and that he removed the cars once he received notice from the City's Code Enforcement. He clarified that the only vehicle he parks inside the fence is his jet ski, which is registered to him. He mentioned that he has invested $25,000.00 in the MINUTES CITY OF DANIA BEACH 7 JANUARY 11, 2000 property to improve it and that he is not dealing cars. Mr. Richer stated that there were only two cars parked in his drive-way over the past month. Mayor Bertino stated that he observed four cars. Mr. Richer disagreed with Mayor Bertino's observation and stated once again that he removed the additional cars once he was noticed by the City. Commissioner Mikes mentioned that the petitioner has been cited for code violations. Vice-Mayor McElyea mentioned that Mr. Pascal was burning building materials on the property. Mr. Pascal clarified that the Fire Department came to his house and asked him to stop burning leaves and branches that he had trimmed from trees and that he was not cited for anything. Mayor Bertino stated the need to prove a hardship for a variance approval. City Attorney Ansbro explained that staff issued the permit by mistake for construction of the fence and that the variance should not include the types of conditions that have been discussed, but, rather, more restrictive kinds of conditions. Mr. Pascal disagreed that the permit was issued by mistake and explained that the City allowed him the build the 6 foot fence on the 40-foot portion of land on the side of the house, which is in the front of the house and identified as the pie-shape parcel. City Attorney Ansbro cautioned Mr. Pascal that the City Commission and Code Enforcement are going to be very vigilant in watching his property to ensure that he is not violating code. Mr. Pascal expressed his desire to cooperate with the City. Mayor Bertino stated his inability to vote on the issue unless conditions could be added to ensure that the petitioner will not park numerous vehicles on the property. City Attorney Ansbro advised that it would be acceptable for the petitioner to volunteer to include added conditions confirming that he will not sell, store or work on any vehicles. Mr. Pascal agreed with adding the condition that no more than four cars would be • parked on his property other than additional vehicles when people were visiting for holidays. City Attorney Ansbro confirmed that this would include vehicles insured and registered to Mr. Pascal. The City Commission agreed to include wording that a reasonable number of cars would be allowed to park on the property. A motion was made by Commissioner Mikes, approving the variance request with the understanding that the petitioner will never store, sell, or work on cars on his property or have any more than a reasonable amount of vehicles on the site and that all vehicles would be registered and insured to the petitioner. Vice Mayor McElyea questioned Mr. Pascal on where he is going to park his four cars since he knows that he is currently parking cars all the way up to the house on the lawn, which is against code. Mr. Pascal explained that he does not have a concrete driveway and that he stopped parking cars on his lawn once when he was notified. Commissioner Mikes withdrew his motion and asked that staff provide additional historical information on the property. A replacement motion was made by Commissioner Mikes, seconded by Commissioner Etling, continuing resolution (VA-76-99) to January 25, 2000 in order for staff to work with the petitioner on providing a parking layout plan that would enhance the property. The motion passed on the following 5/0 roll call vote: • Commissioner Cali —Yes Commissioner Etling-Yes Commissioner Mikes —Yes Vice-Mayor McElyea —Yes MINUTES CITY OF DANIA BEACH 8 JANUARY 11, 2000 Mayor Bertino-Yes ® (continued from 12114199 commission meeting) 8.2 SA-75-99 - Request for Sign Adjustment approval by Roger M. Pomerance, P.A., Attorney and Representative for Chevron USA, 345 North Federal Highway (Chevron Gasoline Station). A RESOLUTION APPROVING THE SIGN ADJUSTMENT REQUEST SUBMITTED BY CHEVRON U.S.A., INC., FROM CHAPTER 28, ZONING, ARTICLE 28, SIGNS, SECTION 28.160, 2(A)(III), SECTION 28.170(1) AND SECTION 28.170(2) SIGN REGULATIONS, FOR PROPERTY LOCATED AT 345 NORTH FEDERAL HWY., DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Commissioner Etling, seconded by Vice-Mayor McElyea, continuing resolution (SA-75-99) to January 25, 2000. The motion passed on the following 5/0 roll call vote: Commissioner Cali —Yes Commissioner Etling-Yes Commissioner Mikes —Yes Vice-Mayor McElyea —Yes Mayor Bertino-Yes 9. CITIZENS' COMMENTS: COMMENTS BY DANIA BEACH CITIZENS OR INTERESTED PARTIES THAT ARE NOT A PART OF THE REGULAR AGENDA SHOULD BE GIVEN IN WRITING OR COMMUNICATED VERBALLY PRIOR TO 4:00 P.M. THE SECOND(2ND)AND FOURTH(4TH)MONDAY OF EACH MONTH. THE CITY MANAGER, OR HIS DESIGNEE, WILL ATTEMPT TO ADDRESS ALL MATTERS OR CONCERNS. IN THE EVENT THAT THE CONCERN REMAINS UNRESOLVED, THE CITIZEN(S)OR PARTY WILL BE ASKED TO ADDRESS THE CITY COMMISSION DURING THE MEETING. COMMENTS SHALL BE LIMITED TO THREE(3)MINUTES. 10. COMMISSION COMMENTS Mayor Bertino recommended that comments from citizens be limited to three (3) minutes. Commissioner Mikes mentioned that he would like to turn his time over to Dr. Herman Wrice and Ophelia Sanders to address the Commission. 10.1 Commissioner Cali mentioned that the City cancelled the trolley service because the operator did not perform in accordance with the contract. He requested that the City Manager go out to bid to find another operator since there is a need for community transit services. City Manager Smith advised that Broward County is willing to fund another community bus program for the City and that an RFP would be advertised. Commissioner Cali requested the inclusion of an ordinance to the January 18th agenda supporting the additional homestead exemption for citizens since mid-February would be the deadline for the City to submit an ordinance to the Property Appraiser's Office. City Manager Smith cautioned the City Commission on adopting this controversial ordinance since the action could reduce the City's revenues and eventually cause an increase in taxes to make up the loss. Commissioner Cali clarified that the adjusted gross income of all occupants in one house must be under $20,000.00 for the property owner to receive the additional $25,000.00 homestead exemption. Under these circumstances, MINUTES CITY OF DANIA BEACH 9 JANUARY 11, 2000 Commissioner Cali felt that these individuals need a tax break. The City Commission generally agreed that the ordinance should be debated. 10.2 Commissioner Etling wished everyone a Happy New Year and commended staff for their efforts in making a success of the New Year's celebration at the beach. 10.3 Commissioner Mikes allowed Dr. Herman Wrice and Ophelia Sanders to address the City Commission. Dr. Herman Wrice, Turn Around America, expressed his dissatisfaction with comments that were provided in the proposal for Item #6.4. The proposal made reference to Turn Around America not being focused, having any insight on how to get a community empowered, able to bring children into business, or the ability to work with the community. Dr. Wrice mentioned that Mr. Arlon Kennedy has made statements that his organization, Institute for Community Empowerment, would be able to get the community together. At this time, several members of the Turn Around America organization expressed their support of Dr. Wrice for teaching them how to decrease drug problems, improve communities, and teach children how to work legitimately in the community. Several members mentioned their personal financial sacrifices to fight crime in the City. Dr. Wrice was very offended by the proposal which he said made negative comments about five organizations, including several churches in the City. He commended BSO and the City for working closely with Turn Around America Program in an effort to make the City better. Ophelia Sanders, Administrative Assistant to the Pastor of Greater Trinity Baptist Church, 25 NW 7th Avenue, expressed several concerns about the statements made against Trinity Baptist Church in the proposal. She requested that all statements regarding the church be removed. Ms. Sanders stated that Ice Cube will not be authorized to oversee or attempt to plan or organize any portions of the church ministries at Greater Trinity. Mrs. Sanders mentioned that the pastor and the members of Greater Trinity have a clear focus on the needs of the community and that one of the needs is to clean up the Charlie Will Thomas Park area. Greater Trinity Church has chosen to work with the Turn Around Dania Beach program as part of its community outreach services and the church has benefited greatly because there are no more drug dealings or illicit sexual practices continuing on church grounds. Mrs. Sanders explained that she is a Business and Industry Trainer and that she and the pastor are both educators and have worked with "at risk" children in alternative school programs in the Palm Beach County areas. Mrs. Sanders advised that she is relocating as Tech Specialist for the Broward County Schools this month and that she has worked with the DARE program and DARE Officers in Palm Beach, Broward County and throughout the world, which publishes videos on gang activities. Mrs. Sanders stated that Greater Trinity Church is clearly focused on the needs of the community and was well aware that children need more than minimal skills to compete in the market place in the year 2000. She urged the City Commission to consider other funding sources and agencies in Broward County, which may already be providing some of the services outlined in the proposal, before going forward with further approval of the Ice Cube Program. Again, she requested any reference to Greater Trinity Church be removed from the proposal. Dr. Wrice advised that he was insulted that his name was added to the proposal since he works with the Justice Department throughout the country. He requested his name be removed from the proposal and that the City send an addendum to Washington MINUTES CITY OF DANIA BEACH 10 JANUARY 11, 2000 clarifying that Mr. Kennedy did not speak to any of the people before placing their names in the proposal. Dr. Wrice asked that these issues be addressed at the workshop meeting on January 18th.and restated his claim to being one of the best drug fighters in America. 10.4 Vice-Mayor McElyea expressed his dissatisfaction with BFI for not picking up the recyclables and garbage in the alleys and for failure to deliver garbage containers to all residents. City Manager Smith advised that a meeting was held with BFI and Bud Palm, Public Works Director. BFI has agreed to send out new information on garbage pickup, to pickup the recyclables in the alley, and to deliver all containers. City Manager Smith advised that all garbage is supposed to be placed in the 96 gallon roll-out containers and that this was not made clear to residents. Until February 1, BFI will continue to pickup everything that isn't in containers, but after February 1, new flyers will be sent out and the only items that will be picked up will be those in the containers. Residents may purchase more 96 gallon roll-out containers for $48.00 and recycling containers may be purchased for $5.75 by calling the City. City Manager Smith recommended giving BFI more time to work out the bugs since these services are new. If BFI does not provide the level of service the City requires, City Manager Smith advised that he would be recommending cancellation of the contract. Mayor Bertino pointed out that disabled individuals may contact the City if they need assistance with the containers and that efforts are being made to correct the garbage service problems. 10.5 Mayor Bertino Mayor Bertino stated his support of the additional Homestead Exemption Ordinance as • there are many people who need a tax break. He requested staff provide an estimate on the amount of revenue the City would lose in order for the City Commission to make the final decision on adopting the ordinance. 11. DISCUSSION AND POSSIBLE ACTION 11.1 Request for abatement of CEB99-0217 by Sebastian Valetti for property at 4483 Treasure Cove Drive. A motion was made by Commissioner Cali, seconded by Commissioner Etling, accepting the Code Enforcement Board recommendation to abate the $1,475.00 lien to $250.00 with the condition that the lien be paid within 30 days. The motion passed on the following 5/0 roll call vote: Commissioner Cali —Yes Commissioner Etling-Yes Commissioner Mikes —Yes Vice-Mayor McElyea —Yes Mayor Bertino-Yes 11.2 Request by Vernon Pierce, Architect, representing Graves Museum, for 30 day extension of permit for banners that expired December 29, 1999. (Staff) A motion was made by Commissioner Cali, seconded by Commissioner Mikes, approving a 60 day extension of the permit for banners at the Graves Museum. The motion passed on the following 410 roll call vote: MINUTES CITY OF DANIA BEACH 11 JANUARY 11, 2000 Commissioner Cali —Yes Commissioner Etling-Yes Commissioner Mikes —Yes Vice-Mayor McElyea —Out of Room Mayor Bertino-Yes 11.3 Discussion of holding New Year's celebration on an annual basis. (Mayor Bertino) Mayor Bertino requested holding the new year's celebration at the beach on an annual basis since most of the cost for the event was covered by donations and it was such a success this year. The City Commission generally agreed to direct the City Manager to plan the event again next year. 11.4 Update on Pier Restaurant Proposal. (City Manager/City Attorney) City Manager Smith requested authorization to work with the City attorney on preparing a new pier design/build RFP similar to what has been proposed in the past with the inclusion of requiring the proposers to operate the restaurant. The City Commission generally agreed. 11.5 Possible action on rescheduling March 14, 2000 regular meeting to March 13, 2000 due to Broward County Elections and Broward Days attendance. A motion was made by Commissioner Cali, seconded by Commissioner Etling, rescheduling the March 14, 2000, regularly scheduled meeting to Monday, March 13, 2000. The motion passed on the following 5/0 roll call vote: Commissioner Cali —Yes Commissioner Etling-Yes Commissioner Mikes —Yes Vice-Mayor McElyea —Yes Mayor Bertino-Yes 11.6 Discussion of new technology from National League of Cities conference. (Mayor Bertino) (continued from 12/14/99 meeting) Mayor Bertino mentioned his intentions to provide Vern Johnson, Information Systems Manager, with technical information he received from the National League of Cities convention regarding use of the internet for dealing with citizens complaints. The Commission generally agreed to have Mr. Johnson report his findings back to the Commission. 11.7 Possible agenda changes to deal with public speaking constraints lawsuit and other areas restrictive to public participation at commission meetings. (Commissioner Mikes) Commissioner Mikes was confident that the City Manager allows people to speak at commission meetings, however, he suggested changing the language in the procedure listed on the agenda by adding "shall be allowed to speak" instead of"may be allowed to • speak". Commissioner Mikes felt that the City should be liberal in allowing citizens to speak since the City is so small. He also recommended having the City Attorney read all MINUTES CITY OF DANIA BEACH 12 JANUARY 11, 2000 titles to Resolutions and Ordinances under the Consent Agenda in order for the public to have a better understanding of the business being conducted at meetings. City Attorney Ansbro requested to hold an attorney/client session to discuss the Bruckner lawsuit on January 18, 2000, at 7:00 p.m.. The City Commission agreed. 11.8 Control and planning of non-City uses of City right-of-ways/easements. (Commissioner Mikes) Commissioner Mikes mentioned the problem with telecommunications lines being installed along the City's right-of-ways/easements. He recommended directing the City Manager to investigate the City's legal right to require plans, building permits or fees for these installations in an effort to have better control. City Manager Smith and City Attorney Ansbro agreed to look into the Federal regulations to see if the City can require plans to be submitted. 11.9 Control and/or removal of nuisance pay phones used for criminal activity. (Commissioner Mikes) Commissioner Mikes mentioned that there is a problem with too many pay phones being used for street crime and recommended removal of some of the phones through the Nuisance Abatement Board process. City Manager Smith advised that several phones have been removed and there was a problem with individuals installing pay phones on public property without permits; other phones have been changed with a dial-out-only service. • Commissioner Cali mentioned that a bill was introduced into the last legislative session giving municipalities the right to remove phones on private property and to be involved in the permitting of all pay phones. The legislation failed. However, the City could create a local bill and request assistance from Representative Ryan. Commissioner Cali felt that the City must take an aggressive action to remove the nuisance phones. City Attorney Ansbro suggested allowing him time to attend a meeting of the Fort Lauderdale Nuisance Abatement Board since they are dealing with this problem through the police and Public Service Commission. The City Commission agreed. 11.10 Discussion of professional liability insurance for attorneys representing City. (Commissioner Mikes). Commissioner Mikes discussed the need for professional liability insurance under item 6.7. 11.11 Status of SE 5th Avenue Linear Park. (Commissioner Mikes) Commissioner Mikes questioned City Manager Smith on whether or not he was given permission by the City Commission to work with the County on building a linear park on SE 5th Avenue. City Manager Smith clarified that he has discussed the installation of water, waste water, and gray water lines along the City's right-of-way with the City of Hollywood and Broward County and that Hollywood and Broward County have agreed to • build a park for the City under those circumstances. City Manager Smith advised that plans for the park have been prepared including bike paths, walkways and ponds for MINUTES CITY OF DANIA BEACH 13 JANUARY 11, 2000 stormwater drainage and the scope of services is estimated to cost $250,000.00. City Manager Smith asked Commissioner Mikes whether he should proceed with the plan. Commissioner Mikes suggested that the City Manager pursue grant funding for the park project as the project has been delayed too long. 11.12 Discussion of third-party acquisition of property located at 400 South Federal Highway. (City Manager) City Manager Smith reported to the Commission that there is another buyer interested in purchasing the Frost House and that a conceptual plan for the property is provided in the backup. City Manager Smith requested that the City Commission review the proposed plan for development and address any concerns at the Site Plan request. City Manager Smith added that the purchaser intends to give the City first right of refusal in the event that the purchaser sells the property. Commissioner Cali urged the City Commission to take action to pass some sort of historic designation of the Frost House in order to protect the historic aspect of the property. City Manager Smith reported that Dr. Adams, Historic Property, Inc., is working on a historic plan for the City and that the Frost House is one of his first priorities. Commissioner Etling advised that the rear of the Frost House is zoned residential and that the front is zoned commercial based on the City's zoning map. Therefore, the new owner would have to come to the City for a rezoning before making any changes to the property. 11.13 Request by Dania Lion's Club to use beach for One-Ton Tug on March 18, 2000, and request no charge for children at Dania Ocean Pier for fishing tournament. (Mayor Bertino) A motion was made by Commissioner Etling, seconded by Commissioner Cali, approving the request for Dania Lion's Club. The motion passed on the following 5/0 roll call vote: Commissioner Cali —Yes Commissioner Etling-Yes Commissioner Mikes —Yes Vice-Mayor Mcelyea —Yes Mayor Bertino-Yes ADDED AGENDA ITEM BY COMMISSIONER ETLING: 11.14 Reconsideration of SA-64-99 for Mr. Lowy, Dania Discount Drugs. A motion was made by Commissioner Etling, seconded by Vice Mayor McElyea, adding SA-64-99 on the agenda for reconsideration. The motion passed unanimously. Commissioner Etling explained that Mr. Lowy was granted approval of SA-64-99 at the December 14, 1999, meeting and that he had submitted a drawing for the vertical sign in the front of Dania Discount Drugs. Commissioner Etling mentioned that Mr. Lowy was • MINUTES CITY OF DANIA BEACH 14 JANUARY 11, 2000 going to add "REXALL" on the front and has asked if he could leave "LIGGETT" on the front instead. Mr. Lowy was originally given 180 days to make all changes. • A motion was made by Commissioner Etling, seconded by Commissioner Mikes, amending the Resolution and the conditions to the SA-64-99 approval that was granted December 14, 1999, by allowing Mr. Lowy the option of leaving "LIGGETT" on the front vertical sign as long as the Federal Highway facade is painted and the windows are brought into compliance in accordance with the Sign Adjustment approval within 90 days. In addition, all changes are contingent upon Mr. Lowy's approval since he is not present at this meeting. The motion passed on the following 5/0 roll call vote: Commissioner Cali —Yes Commissioner Etling-Yes Commissioner Mikes —Yes Vice-Mayor McElyea —Yes Mayor Bertino-Yes 12.. APPOINTMENTS (CONTINUED TO 112512000) 12.1 Appointment of 4 members on the Airport Advisory Board. 12.2 Appointment of 1 member on the Economic Development and Downtown Redevelopment Board. 12.3 Appointment of 1 member on Dania Housing Authority. 12.4 Appointment of 1 member on Human Relations Board. 12.5 Appointment of 1 member on the Marine Advisory Board. 12.6 Appointment of 2 members on the Occupational License Review Advisory Board. 12.7 Appointment of 1 member on Parks, Recreation and Community Affairs Advisory Board. 13. ADMINISTRATIVE REPORTS 13.1 City Manager Smith reported on the following: City Manager Smith advised that January 17, 2000, is the Martin Luther King Holiday and that a Breakfast would be held at Collins Elementary at 7:30 a.m., a parade would be conducted from Collins Elementary to Mt. Zion AME Church, and that a church service would be held at Mt. Zion AME at 11:00 a.m. The public was encouraged to attend all activities. City Manager Smith was pleased to announce that the City has received a grant from KABOOM!, an organization that puts corporate sponsors together with cities, to build playgrounds for children. The grant is a partnership with the City, the Dania Housing Authority, the Turn Around Dania Beach organization, and BSO. There are plans to build a playground on the Dania Housing Authority property from 7:00 a.m. to 4:00 p.m. on January 26, 2000, with the help of volunteers from all of the agencies. The corporate sponsor is Motorola and the value of the playground equipment is $30,000.00 with other site amenities. Anyone interested in assisting with the program was encouraged to contact City Manager Smith at (954) 924-3610, Sophie Steele, or Rita Schmelcer at the Dania Housing Authority. MINUTES CITY OF DANIA BEACH 15 JANUARY 11, 2000 t City Manager Smith suggested opening up dialog with the Florida Department of Transportation to look at a plan for the Dixie Highway corridor that would be more of a "Dania Beach version" of what the City envisions since there is a need to relieve traffic from Federal Highway. The City Commission generally agreed. City Manager Smith was pleased to announce that Lawrence Leeds has been selected as the new Growth Management Director and that he is expected to start working January 24, 2000. 13.2 City Attorney Ansbro advised that there has been a court ruling on the 911 U- Haul property in favor of the City and that the U-Haul use must be removed. However, an appeal could be filed within 30 to 40 days. 14. ADJOURNMENT— Mayor Bertino adjour meeting at 11:15 p.m. -COMMISSIONER ACTING ITY CLERK Respectfully submitted by Charlene Johnson Deputy City Clerk a-S-1000 MINUTES CITY OF DANIA BEACH 16 JANUARY 11, 2000