HomeMy WebLinkAbout2000-05-16 Special Meeting City Commission Meeting Minutes MINUTES
DANIA BEACH CITY COMMISSION
SPECIAL MEETING
MAY 16, 2000
1. CALL TO ORDER
The meeting was called to order by Mayor McElyea at 7:05 p.m.
2. ROLL CALL:
Present:
Mayor: Charles McElyea
Vice-Mayor: John Bertino
Commissioners: Jim Cali
John Etling
Bob Mikes (arrived 7:15 p.m.)
City Attorney: Tom Ansbro
City Manager: Mike Smith
Deputy City Clerk: Charlene Johnson
3. DISCUSSION OF SUPPLEMENTAL PROPOSALS FOR PIER RESTAURANT.
• City Manager Smith explained that the City Commission allowed the three proposers who
submitted RFP's on the Pier restaurant project to revise their proposals showing the financial
aspects of the restaurant operation. Mr. Smith advised that after review of the proposals,
Tarpon Bend is recommended based on the City receiving 4% of yearly gross receipts from all
food and beverage sales, or the minimum rent, which ever is higher and the current bait and
tackle operation remaining the same with the City retaining 50% of the admission revenue. In
addition, Tarpon Bend has proposed a quality design for the restaurant and have extensive
restaurant experience with other successful restaurants in Fort Lauderdale.
City Manager Smith advised that Pier Pointe has included their start up cost in the overall
development cost.and Pier Development Group has identified a fairly low number for start up as
they have equipment in storage.
In response to Commissioner Bertino's request for an overview of items included in the
$539,000.00 start up cost listed by Tarpon Bend, a representative presented the following
breakdown: alcohol liquor license - $60,000.00, architectural design - $131,000.00, computers -
$85,000.00, decorative - $20,000.00, furniture - $20,000.00, opening marketing promotions -
$50,000.00, opening cash flow- $100,000.00, opening inventory - $10,000.00, open inventory
alcohol - $10,000.00, printing menus - $10,000.00, small wares - $25,000.00.
Discussion followed on what items included in the $539,000.00 would be of monetary value to
City at the end of the lease. Mr. Hooper, Construction Partner for the Restaurant People, Inc.,
advised that the $1,470,832.15 represents hard construction costs and includes landscaping
improvements and equipment. Mr. Hooper pointed out that Tarpon Bend's proposal is all cash
and that no financing will be involved.
MINUTES 1 MAY 16, 2000
SPECIAL MEETING
Mr. Hooper advised that Tarpon Bend is proposing an 8,000 square foot building with a deck on
the third level along with improvements on the pier, shaded areas for fisherman, site
improvements for the walk-way to the Whiskey Creek dock, Kiosks along the way, decking, and
landscaping improvements.
In regards to the $803,950.00 start up costs presented by Pier Pointe, Mr. Wohl, President of
Pier Pointe, explained that he wasn't aware that start up costs were a major component and
mentioned that his company felt that the largest costs should cover the shell, the fixture, a
4,000-5,000 square foot building, Air conditioning, and the HVAC. There proposal also includes
a 5,000 square foot, one-story structure with an observation tower and sun deck for citizens.
Mr. Wohl urged the City to consider that Pier Pointe is offering a higher CPI with a 5% cap on a
20 year term lease and that the City will receive over$650,000.00 in total income over a 20 year
period.
Commissioner Cali pointed out that Tarpon Bend's cash deal is of greater advantage to the City
compared to the other two proposals that include mortgages for construction. He pointed out
that Tarpon Bend would provide a better return on the City's $400,000.00 investment being
used for the building development when debt service incurred over the life of a construction loan
is considered. Commissioner Cali clarified that there is a big difference between gross revenues
and net revenues when making debt service payments.
Commissioner Etling questioned Mr. Wohl on whether Pier Pointe's proposal included a figure
for pier admission in the rent amount. Mr. Wohl clarified that his proposal does include
admission revenue to the City. Even though financing will be pursued for the differential on the
pier, Pier Pointe would not be purchasing the land. Therefore, the mortgage the receive would
be subordinate to the City's land as they are only taking a leasehold interest and banks would
not have any claim or right to the land. Mr. Wohl was of the opinion that his proposal is in fact a
cash deal based on a personal guarantee and because collateral would be attached to the
leasehold interest only. He agreed that the bank could take over the lease if his company
defaulted. Mr. Wohl stated that he would have presented his proposal as a cash deal if it had
been made clear to him to do so. It was his understanding that the legal aspects of the proposal
would be addressed at the negotiation stage and that he was only required to provide the
figures for revenue to City at this meeting.
Mr. Hooper stated that his proposal is all cash and that it has been his business experience that
banks do not want to grant loans to restaurant operations. He pointed out that the chart shows
rent of$48,000 for the first year and that they projected over $50,000.00 in admissions from the
pier, which amounts to $98,000.00 to the City for the first years rent. Mr. Hooper stated that
Tarpon Bend Fort Lauderdale is on line to make $4 million dollars this year and that the pier
property could potentially bring in over $5 million dollars of which the City is going to make 4%
gross profits. Mr. Hooper explained that net profits would be too difficult to project at this time.
A motion was made by Commissioner Cali, seconded by Commissioner Etling, approving staff's
recommendation on awarding the RFP for the Pier Restaurant project to Whiskey Creek Food &
Tackle/Tarpon.Bend and directing staff to enter into negotiations for a contract.
The motion passed on the following 5/0 roll call vote:
Commissioner Cali-yes Commissioner Etling-yes
Commissioner Mikes-yes Vice-Mayor Bertino-yes
MINUTES 2 MAY 16, 2000
SPECIAL MEETING
Mayor McElyea-yes
City Attorney Ansbro advised that a contract would be negotiated and brought back to the City
Commission for approval.
Item 5 was heard after Item 3.
Item 4 was heard after Item 5.
4. Goal setting with City Commission:
a. Code Enforcement Priorities
City Manager Smith mentioned that there are many areas that need to be discussed for the
upcoming budget and that Code Enforcement is one of the most important areas to be
addressed. Currently, the City is handling complaints on a priority basis as there just isn't
enough Code Officers available to be in all areas of the City and that there is a need to take a
more proactive stance in dealing with Code issues .
Commissioner Etling suggested that Code Enforcement be dealt with by focusing on the larger
issues that seem to have the greatest number of complaints and that a priority list be created to
deal with the major concerns.
Mayor McElyea mentioned that the problem is that people have different priorities when it
comes to Code Enforcement and something that may be important to one person may not be of
importance to someone else. He felt that tax payers should get service from the Code Officers
and that issues should not be ignored.
Vice-Mayor Bertino stressed the need to be serious about Code Enforcement and commended
staff for making some positive changes in the City and agreed that another Code Officer needs
to be hired.
Commissioner Mikes agreed that Code Enforcement Officers need to be hired and that the City
needs to update the Code to provide better enforcement in order to deal with continuous
problems.
Commissioner Cali pointed out that administrative staff is a key component in addressing the
increase in paper work created by the hiring of additional Code Officers. He mentioned that
citizens want to be able to make one phone call when dealing with all Code issues and that the
City should place an emphasis on better notification and response to citizens.
Mayor McElyea mentioned that Connie Falzone, Secretary for Public Works, takes abuse from
the public in dealing with garbage and trash pickup complaints and that additional staff is
needed to assist her to do a better job so that Code Enforcement complaints will be reduced.
Vice-Mayor Bertino suggested using the Occupational License Ordinance that was recently
adopted for rental properties as a way to get property owners to bring their properties up to
code. City Manager Smith explained that the ordinance will require extensive staffing to enforce
because duplex and single family properties will need to be evaluated to determine if they are
rental, thereby requiring an Occupational License.
MINUTES 3 MAY 16, 2000
SPECIAL MEETING
Commissioner Mikes mentioned the need to get a handle on rental properties and landlords as
• a way to reduce drug crimes and improving properties.
Ken Koch, Building Official, urged the City Commission to realize the need to increase clerical
staff in order to address Code Enforcement. He clarified that the Occupational License is a
business tax and that the City does not have the legal authority to tell someone that they cannot
operate a business or close down a business because they do not have an Occupational
License. However, the City can notify property owners to apply for a license and the City can
hold up issuing a license until compliance with Code. In addition, he urged the City Commission
to update the Code in many areas dealing with Code Enforcement to improve the City.
b) Location of Fire Station #93
City Manager Smith mentioned that because residents opposed the use of the property on SW
30th Avenue for the western fire station, the City Commission has to decide on selling the land
or possibly designating it as a passive park area. The City has considered the south end of
Tigertail Lake and discussions have taken place with the City of Hollywood and Broward County
for joint sites. Hollywood suggested that the City rent space from them and City Manager Smith
advised that the cost would be close to the amount to build a station, and that Broward County
has not responded on the possibility of a joint station west of the airport off SW 32 Street.
Ken Land, Fire Chief, advised that the Tigertail Lake location does not appear to have any
opposition with the residents or the City Commission has the option of purchasing some land for
building a station.
City Manager Smith advised that the property at SW 30th Avenue has a mortgage and that the
property on 32°a Street belongs to the airport authority and is located north of Boaters Park,
providing access to 30th Avenue, Ravenswood Road and State Road 84.
Mayor McElyea recommended selling the land on 30th Avenue to have money available to
purchase another parcel for a station.
Chief Land advised that Broward County may be closing Station #32 because of recent
annexation legislation and that the County may want to store their HAZ/MED truck at the 32"a
Street site. He thought the site would be acceptable for providing service and pointed out that
the City would get the land at no cost and that there is possibility that the cost of the station
might be split 50/50 with the County. He mentioned that Broward County might also move the
HAZ/MED truck to Port Everglades.
Vice-Mayor Bertino asked whether the proposed annexation areas would have any land that
would come over to the City that could be used for the station. City Manager Smith advised that
there are some county owned parcels but no discussions have taken place on the annexation
area because the City won't know until November.
Vice-Mayor Bertino mentioned that some legislators have advised that some impact fees were
collected by the County from the proposed annexation areas and that this money has not been
spent yet. The City should review this situation to ensure that Broward County does not divert
these fees to purchase a fire station somewhere else in the County because the City would
have a claim to the fees if the parcels come into the City through the annexation.
Commissioner Mikes felt that the site at Tigetail Lake should be reserved for Bass Pro/IGFA
MINUTES 4 MAY 16, 2000
SPECIAL MEETING
future use for special events and recreational use.
• Mayor McElyea advised that the Ryan Eastern dredge is gone at Tigertail Lake and that there
may be a cave-in or water situation under the proposed BCC building coming off the bus
terminal near the lake. City Manager Smith advised that it was not part of the Ryan Eastern's
dredging agreement to fill the pad on the parcel where the proposed fire station might be
located.
Commissioner Cali commented on the proposed annexation and agreed that the City should
work with Broward County Firefighters for a joint station. He recommended canceling the
$70,000 Dispatch Agreement with Hollywood and for the City to change over to the Broward
County system to show cooperation and reduce dispatch costs on the City. He was concerned
that Hollywood can continue to increase the contract amount year after year.
Fire Chief Land advised that several discussions have taken place about the County dispatch
system. The annexation proposal might provide more areas near Hollywood and Fort
Lauderdale and both cities do not participate in the Broward County Dispatch system. He
mentioned the need to be compatible for mutual aid assistance, however, he was reluctant to
change over to the County system until the County splits the south zone with another dispatch
to reduce the overloading now that Port Everglades has been added.
Vice-Mayor Bertino mentioned that the City has continued to pay the contract with Hollywood
because the County Dispatch was not up to standard and that the City must provide the best
public safety services possible. Chief Land agreed that no action would be taken to change to
the County Dispatch system until he is comfortable with the service ability and that the City
• receives mutual aid from Hollywood on a daily basis that does not cost the City.
Vice-Mayor Bertino suggested that a consortium of eastern cities be organized that are
impacted by large traffic corridors to pursue a class action suit as a means of collecting
additional funds to cover costs for police, fire and road maintenance.
City Manager Smith commented on the new parking meters at the beach and the collection
process. Commissioner Cali mentioned that the flyer for the beach states that parking fees are
enforced until 11:00 pm., however, the beach park is only open until 9:00 p.m. and the
restrooms close between 5:00 p.m. and 6:00 p.m.
The City Commission generally agreed to wait until after the annexation referendum in
November before taking any action on the fire station.
Commissioner Mikes recommended deed restrictions be added to protect the trees on the 30"
Avenue property if and when it is sold. City Manager Smith mentioned that there is also one of
the parcels that has a swimming pool encroaching on the City's property. City Attorney Ansbro
advised that a 2/3 vote is needed to declare the property surplus. Commissioner Etling
suggested that the homeowners form a non-profit association so they would not have to pay
taxes and buy the land from the City. Discussion followed on the land being designated as a
passive park for the public or offering the residents a small buffer strip and sell the balance of
the property for residential use. Commissioner Mikes suggested two or three estate homes so
that the City would not have to maintain a park.
MINUTES 5 MAY 16, 2000
SPECIAL MEETING
C. Land Use Initiatives
City Manager Smith mentioned that Laurence Leeds, Growth Management Director, is out sick
at this time and it was suggested that anther meeting be held on the land use issues when Mr.
Leeds is present.
Commissioner Cali suggested that staff consider designating a "free trade zone" in the
Commerce Park warehouse area on Bryan Road and in the Port Everglades area to enhance
business. He mentioned that Fort Lauderdale is expanding their free trade zone and that the
City needs to take action since there are 33 new trade zone sites in Broward County.
Commissioner Mikes pointed out that the City does not want to impose a trade zone in areas
that have potential for hotel development and that the City needs to be careful with warehouse
development.
Commissioner Cali urged the City Commission to move forward with the landscaping
improvements on East Dania Beach Boulevard as part of a commitment to Main Street. City
Manager Smith reported on granting funding that will assist with the landscaping improvements.
Vice-Mayor Bertino recommended that the PUD (Planned Unit Development) be implemented to
create high grade commercial zoning on properties along Sheridan Street between Federal
Highway and the Railroad tracks. City Manager Smith advised that there is a pending proposal
that might be applicable for the Sheridan Street PUD that he will discuss with Mr. Leeds.
• Mayor McElyea mentioned trash at the old gas station on Sheridan Street and there being a
need to address the problem because the property is in Hollywood.
d. CRA/Downtown Special Assessment District
A motion was made by Commissioner Cali, seconded by Vice-Mayor Bertino, to advertise an
RFP to hire a professional consultant to handle the CRA/Downtown Special Assessment District
plans.
The motion passed on the following 5/0 roll call vote:
Commissioner Cali-yes Commissioner Etling-yes
Commissioner Mikes-yes Vice-Mayor Bertino-yes
Mayor McElyea-yes
Vice-Mayor Bertino mentioned the need for the City Commission to determine whether or not to
raise the building heights in the downtown area and Griffin Road corridor to meet the challenges
of development with surrounding areas. The City must address larger infrastructure needs to
service larger buildings if the density is increased. City Manager Smith agreed that this is the
right time to address water and sewer lines for redevelopment needs and mentioned that there
will be many old buildings along Federal Highway that will be maintained.
Commissioner Etling mentioned that one of the most appealing aspects of the City's main
thoroughfare is the small size of the buildings and that taller buildings should continue to be built
in other parts of the City. Federal Highway should be maintained with smaller buildings to retain
the small-town community atmosphere.
MINUTES 6 MAY 16, 2000
SPECIAL MEETING
• Bud Palm, Utilities Director, mentioned the need to build a larger lift station because the lift
station at Park Street and 2nd Avenue is built to capacity. Mr. Palm mentioned the vacant parcel
just to the north that might be a good location for a larger station and advised that the plant
could handle additional capacity.
Commissioner Mikes disagreed with larger buildings along Federal Highway and stressed the
need to define the community. He mentioned that there are traffic and parking problems in so
many cities who have expanded and that the City should conduct meetings with the public to
obtain proper direction on how to proceed and that Dania's uniqueness should be preserved.
Vice-Mayor Bertino mentioned the need to review the City's maps and hold workshops and
public hearings so that the City can address infrastructure needs if larger buildings are going to
be allowed in the downtown district.
e. City Manager's Contract
City Manager Smith explained that his reason for putting his contract on the agenda was to
define with the City Commission their ideas of what performance criteria that should be included
as part of the contract.
Commissioner Etling understood that there are many issues that go through the City Manager's
office and that response to City Commission requests are a problem. He mentioned his own
efforts months ago to provide suggestions for a status report for the City Commission on
important projects and how nothing has been completed.
Vice-Mayor Bertino was not in support of a contract but stated that he thought there were three
votes to accomplish the approval. He questioned the City Commission on whether the concept
for a contract are as follows: (1) to protect the City Manager against City Commissioners; (2) to
protect the City against the City Manger; (3) to make it difficult to fire the City Manager; (4) to
make it easy to fire a City Manager.
Commissioner Etling advised that no one working for an administration works without a contract
as a means for a performance review and that the City Manager's performance cannot be
reviewed without defining the City Commission's expectations of the City Manager. If there is a
problem and it is spelled out in the contract, there would be a time frame supplied in the contract
to address the problem. If the City Manager does not meet the expectation, the City
Commission can take the appropriate action.
Vice-Mayor Bertino was not in support of a contract based on the fact that the City has run all
this time without contracts for City Managers. Vice-Mayor Bertino explained that the City will be
placed in a difficult situation for terminating a City Manager if it chooses to provide a contract. In
addition, the City would most likely have to pursue litigation to remove the person or leave the
person in the position until the end of the term of the contract to prevent costly expenditures to
pursue litigation to remove the person.
City Manager Smith stressed the need to define the City Commission's expectations so that he
is clear on how he is being judged on performance.
City Attorney Ansbro stated that the Charter provides that the contract for a City Manager can
only be up to a maximum of two years at each election. The City Commission has to determine
MINUTES 7 MAY 16, 2000
SPECIAL MEETING
if they want to include termination for cause or without cause and the amount of severance pay
or liquidated damages to provide in contract.
Commissioner Etling also added that there are five City Commissioners and each one has their
own expectations of what they want the City Manager to do and that it is not appropriate for a
manager to administer an 18 million dollar operation under these circumstances.
Vice-Mayor Bertino suggested that performance standards need to be determined and not
necessarily a contract.
Commissioner Cali stated that performance standards need to mirror the overall direction set by
the City Commission, as policy makers. The City Commission needs to set a goal to establish a
global master plan on what it wants the City to become and the contract should set out the
objectives that the manager, as team leader, through staff, is expected to reach. There is also a
need to establish staff development and team building so that everyone is pulling together.
Commissioner Mikes stated that there is a problem with the City Manager in regards to getting
items completed on a timely basis. The City Commission must ask things to get done two, three
and even four times before they get dealt with. Communication is another problem.
Commissioner Mikes stated that the job of a City Manager requires typical management skills
and that a City Manager must deal with the political world, community world, specialists, and
must possess negotiating skills. The skills required of a City Manager are difficult to evaluate
and productivity skills should be considered and the quality of work that is presented.
Commissioner Mikes mentioned that he requested some time ago to have City Manager Smith
obtain rating techniques used by the ICMA (International City Manager's Association) and that
he has never received any information nor has the City Manager ever mentioned it to him again.
Commissioner Mikes stated that his feelings about City Manager Smith's performance was
made very clear a few meetings ago and that he has nothing against him personally. The job of
a City Manager is very difficult and he was of the opinion that City Manager Smith is struggling
with the job. Commissioner Mikes reminded the City Commission that Mike Smith was made
City Manager in 1995 because the City Commission did not want someone else and it was not
because the City Commission thought that Mr. Smith was qualified or that he was the right
person for the job. Commissioner Mikes advised that typically the turn-over rate for city
managers is five years and it is not a typical management position and people get burned out.
Commissioner Mikes stated his opposition to a contract and pointed out that city managers have
lasted for some length of time without contracts. Commissioner Mikes stated his opinion that
City Manager Smith is short in many performance areas now and he felt that a contract would
provide less of an incentive to perform better.
Vice-Mayor Bertino stated that the whole concept of the City Manager is that they serve at the
pleasure of the City Commission and that it is a very difficult job because the City Manager can
be terminated if three City Commissioners get mad at him. Vice-Mayor Bertino mentioned that
there are many ways to look at the situation since the City Manager now has the right to hire
and fire department heads and, perhaps, department head should also receive contracts. Vice-
Mayor Bertino stated that as long as the City Manager is doing a good job, he will continue to be
employed. If there are votes to remove him and he isn't doing a good job, he will be terminated,
therefore, he couldn't understand the need for a contract.
Commissioner Etling stated that this issue was settled at a recent meeting on a 3/2 vote to give
the City Manager a contract and now the City Commission is arguing about what should go into
• the contract and whether we should give the City Manager a contract.
MINUTES 8 MAY 16, 2000
SPECIAL MEETING
Deputy Clerk Johnson clarified that the motion at that meeting was to draft a contract for the
City Manager not to approve a contract.
Commissioner Etling questioned whether the City Commission is going to draft the contract or
have the City Attorney draft a contract.
Commissioner Mikes stated that the issue is about how much money the City Manager will get if
he is terminated. He asked Commissioner Etling how much money he wants to provide.
City Manager Smith stated that he is only looking for reasonable contract that resembles what
is offered to other colleagues and that the contract should be beneficial to all parties.
Commissioner Etling stressed the need to clarify what is expected so that the City Manager can
be held accountable when things don't get done.
Commissioner Mikes stated that a contract will not help the City Commission as the only
recourse is to fire the City Manager for non-performance and pay him an amount.
Vice-Mayor Bertino recommended providing a reasonable termination amount to a City
Manager who has served the City for some time and that a contract is about how much is
provided in the golden parachute when someone is terminated.
City Attorney Ansbro advised that he can be fired for just cause which involves moral turpitude
kinds of things and that the City is not dealing with a contract similar to a hospital district or
anything since the duration of a contract for the City Manager can only be for two years when
each City election is held.
Commissioner Mikes pointed out to City Attorney Ansbro that he should not be arguing City
Manager Smith's position or advocating for him because the City Attorney works for the City
Commission and not the City Manager.
City Attorney Ansbro mentioned his experience with the City of Fort Lauderdale in preparing a
contract for previous City Manager Connie Hoffman when their Charter was changed. The
contract provided that if the City Manager was fired for cause they received no compensation
and if they were fired without cause, or convenience, the city manager received a standard
three (3) months salary. City Attorney Ansbro advised that there would not be any appeal
process with the contract.
Commissioner Cali advised that the contract will provide terms and conditions of employment,
benefits and salary, and also a work plan that delineates the duties and responsibilities of the
position and the level of performance expected. The work plan is the measure for conducting
an annual performance evaluation and it doesn't matter if the a contract is copied from another
city or if information is provided from the ICMA.
The City Commission generally agreed that four (4) months is a reasonable severance package
if the City Manager were terminated.
Mayor McElyea stated that he would not support a contract and Commissioner Mikes and Vice-
Mayor Bertino also stated that they would not support a contract.
T� MINUTES 9 MAY 16, 2000
SPECIAL MEETING
Commissioner Cali asked whether the City Commission would want to address a performance
• evaluation. Commissioner Mikes and Vice-Mayor Bertino stated that the City Manager could
have been doing that for years.
City Manager Smith advised that he would bring back information from ICMA on a performance
evaluation.
f. Other
Commissioner Cali recommended that a permanent site be secured for the Paul DeMaio Library
since the library may be moving from the Graves Museum building on Federal Highway and
money should be included in the budget.
Vice-Mayor Bertino advised that he has been working with the Graves Museum, Broward
County School Board, FAU, and Broward County Library System for an educational complex for
a permanent site for a library. Vice-Mayor Bertino mentioned that there are discussions
regarding moving the library to the Citibank Building on Dania Beach Boulevard which is not
easy for children to access.
Commissioner Etling disagreed with Vice-Mayor Bertino's opinion as he thought that the
Citibank building would be more centrally located to the children in lower income areas who are
do not have access to resources at home. Vice-Mayor Bertino pointed out that children from the
Modello Park area who attend Olsen Middle and South Broward High School walk right by the
library and he didn't think the Citibank site was as accessible to children that need a library.
Vice-Mayor Bertino recommended purchasing the tract of land on Federal Highway that has
Olsen Middle School behind it.
Commissioner Cali mentioned the need to take an active involvement in implementing the
GASB 34 financial statements as the City of Orlando is the first City to initiate the change. They
had a difficult time and the experts are going to be very expensive. He recommended early
implementation and agreed to obtain information and assistance from the state committee for
Local Government Accounting and Auditing of the Florida Institute of Certified Public
Accountants. The City's needs to be sure that this requirement is added to the auditing contract
and, under GASB 34, the City will have to be more accountable with collectible receivables and
the City's financial statements will look completely different. Commissioner Cali mentioned that
many large firms have stopped conducting governmental audits and the City needs to begin
early to be ready for this major change.
Commissioner Cali recommended conducting a study to see how Occupational License fees
compare with other cities through the Occupational License Review Committee and thought that
the fees should be lowered to be more competitive. He also suggested an audit of franchise
fees and utility taxes of all telecommunication companies with the prolific use of beepers and
cell phones in the City.
Commissioner Cali recommended that the full fair share amount for Family Central and Area
Agency on Aging be provided in the budget. Commissioner Mikes advised that there are many
charitable organizations deserving donations and that some of the funds used for the beach
events should be paid from contributions from the business community. Vice-Mayor Bertino
advised that the bus bench revenue has been designated for donating under the
recommendations of the Human Relations Board and he expected a tax decrease in the
• upcoming budget. Commissioner Etling recommended an increase in funding for cultural
MINUTES 10 MAY 16, 2000
SPECIAL MEETING
aspects of the community like the Visiting Artist Series at the Library. The City Commission
generally agreed to discuss donations at the budget workshop.
After item #4, the meeting adjourned.
Item 5 was heard after Item 3.
5. Location of offices in Nyberg/Swanson House.
Mayor McElyea mentioned the need to address how the offices at the Nyberg/Swanson House
are going to be arranged with the Chamber of Commerce and Main Street. He disagreed with
providing space in the house for BSO because of the need to preserve the historical aspects of
the house that was moved from Stirling Road and US 1 a number of years ago.
City Manager Smith mentioned that the house was planned to be a show place for community
and social economic partnerships with Main Street and the Chamber of Commerce and that he
took action to include the BSO Community Policing Unit because it is a community based
program.
Commissioner Mikes questioned City Manager Smith on when the City Commission made the
decision to include BSO into the Nyberg/Swanson House and that this is a City Commission
decision and not a City Manager decision.
Mayor McElyea clarified that the Boys Scout Hall building in the general location was built in
1946 and has been used for additional offices for the Fire Department. The old Chamber
building was built by Johnny Sessa, Mr. Winters, the McKay brothers and himself and the City
renovated the building a few years ago for Fire Administration when the Chamber was removed
a few years ago due to financial problems. The Chamber was reorganized and will now be
located in the Nyberg/Swanson house. Mayor McElyea recommended the upstairs of the house
being utilized as a historical display area for citizens of the City and not for BSO.
Commissioner Mikes stated that people forget that City Hall'is supposed to be here for
taxpayers use. The Nyberg/Swanson house should be used for citizens of the City and not
employees because the historical house was preserved through the use of private donations.
He agreed that the upstairs might better be utilized for historical exhibits and that the BSO
Community Policing Unit, a public safety use, should be placed some where else.
Further discussion disclosed that the upstairs of the house would not be accessible to all public
in accordance with ADA requirements because an elevator could not be installed under the
grant requirements being used to preserve the historical aspect of the house.
Vice-Mayor Bertino mentioned that it was his opinion in the beginning that BSO would be a
positive addition for protective purposes, however, there have been problems with who is going
to occupy what areas. He advised that a drawing has been provided by the Chamber and Main
Street showing offices for the Chamber on the left and Main Street on the right when you enter
the house with the Chamber reception desk by the stairs in the front, the dining room being
used for a "period" room, the back office area for tables to collate documents and a copy
machine, and the back porch for a conference room. Vice-Mayor Bertino agreed that the
upstairs would be a good location for historical Exhibits but would not be feasible to all the
public and might better be utilized for a meeting room.
MINUTES 11 MAY 16 2000
SPECIAL MEETING
Richard Lehman, Main Street, and Rose Lizana, Chamber of Commerce, presented there ideas
on adding antiques in the house and pointed out that the house would be open to tourists and
the public.
Jan Davenport, President of the Chamber of Commerce, agreed with the drawing that has been
presented and stressed the need for both the Chamber and Main Street to hold all of their
meetings at the house and she expressed a desire to work closely with Main Street.
Mr. Lehman suggested that the "period" area be designed as a sitting room for the public to
view brochures and include antiques and an oriental rug. Mr. Lehman advised that all of the
antique furnishings are being loaned and are available for sale by the people who have loaned
them, excluding the oriental rug that he is donating. The City Commission generally agreed with
Mr. Lehman's comments.
Commissioner Cali advised that Wally Finley Galleries of Palm Beach is a new tenant at
DCOTA and that they have agreed to provide art work for the common area of the house. Mr.
Lehman agreed that the art donation was a good idea and mentioned that arrangements for the
art work would have to be worked out. The City Commission generally agreed with Mr.
Lehman's suggestions.
A motion was made by Commissioner Cali, seconded by Vice-Mayor Bertino, approving the
plan for the first floor as presented and identified as Exhibit "A".
The motion passed on the following 5/0 roll call vote:
Commissioner Cali-yes Commissioner Etling-yes
Commissioner Mikes-yes Vice-Mayor Bertino-yes
Mayor McElyea-yes
Mayor McElyea was displeased that staff took it upon themselves to spend a significant amount
of money to install a gate and telephone lines in the upstairs second floor of the
Nyberg/Swanson House before a final decision was made by the City Commission.
Commissioner Mikes stressed the need for the historic integrity of historic properties to be
maintained and was displeased that City Manager Smith authorized expenditures to move the
BSO Community Policing Unit in the house when it should be located in an area that can deter
crime.
City Manager Smith advised that the expenditures for telephone and computer lines were paid
by BSO and that he authorized the installations as part of his authority as City Manager.
Vice-Mayor Bertino suggested holding meetings with the public to receive ideas on how to best
utilize the upstairs of the house and to hold off on moving BSO into the house at this time.
Commissioner Cali urged the City Commission to make a decision on where the two BSO
officers are going to be located.
Commissioner Mikes suggested renting an office in the Modello Park area or any crime area in
the City so that police presence would deter crime. Commissioner Mikes suggested that more
time be allowed for staff to choose a better location for the BSO offices and felt that the second
floor of the house could be used for historic exhibits for school children to view even if it is was
MINUTES 12 MAY 16, 2000
SPECIAL MEETING
not open to 100% of the public.
® City Manager Smith advised that a grant application is currently being prepared for more of the
inside structural improvements and repairs of the house.
Mayor McElyea suggested that BSO provide a proposal to the City on another location for the
BSO Community Policing Unit.
Vice-Mayor Bertino clarified for everyone present that the upstairs of the house would remain as
is and that Main Street and the Chamber, or some other group, would provide some
suggestions to the City Commission for its future use.
Item 4(a) was heard after Item #5.
The meeting adjourned at 10:30 p.m.
MAYOR- OMMIS NER
ACTING dITY CLERK
Respectfully submitted by Charlene Johnson
Deputy City Clerk
Approved: February 6, 2001
® MINUTES 13 MAY 16, 2000
SPECIAL MEETING