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HomeMy WebLinkAbout2000-07-11 Regular City Commission Meeting Minutes MINUTES 10 DANIA BEACH CITY COMMISSION REGULAR MEETING JULY 11, 2000 1. CALL TO ORDER: Mayor Mcelyea called the meeting to order at 7:45 P.M. and advised the public that the regular meeting was delayed due to the need to conduct two (2) Attorney/Client Sessions prior to the meeting. 2. INVOCATION AND PLEDGE OF ALLEGIANCE * Rev. T. (Vinnie) Lewis, Gethsemane Missionary Baptist Church 3. ROLL CALL Present: Mayor: C.K. McElyea Vice-Mayor: John Bertino Commissioners: Jim Cali John Etling Bob Mikes City Attorney: Tom Ansbro City Manager: Mike Smith Deputy City Clerk: Charlene Johnson 4. PRESENTATIONS 4.1 BSO "Deputy of the Month" award. (Chief Robert Anton) Deputy Herman Williams was awarded "Deputy of the Month" for June 2000. 4.2 Fire Rescue Department Commendations Lt. Bruce Caruso, Fire Rescue Department, awarded Jordan and Christine Hansle and Deputy Craig Calvetta with commendations for their efforts that saved a 7 year old boy from drowning at the Sheridan Ocean Club apartment complex on June 28, 2000. Lt. Bruce Caruso presented information on the "File of Life" program through Memorial Hospital. 5. PROCLAMATIONS -NONE Items pulled from the Consent Agenda: 6.3, 6.4, 6.8 6. CONSENT AGENDA (INCLUDING EXPENDITURES) Bills: 6.1 Approval of bills for the month of May, 2000. MINUTES CITY OF DANIA BEACH 1 JULY 11, 2000 Minutes: 6.2 Approval of minutes of the Regular Meeting, January 12, 1999. Resolutions: 6.5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE ACCEPTANCE OF THE CONVEYANCE OF LAND BY USE OF A QUIT CLAIM DEED FROM PUBLIX SUPERMARKETS, INCORPORATED; AUTHORIZING THE RECORDING OF THE QUIT CLAIM DEED IN THE PUBLIC RECORDS OF BROWARD COUNTY; PROVIDING FOR AN EFFECTIVE DATE. 6.6 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE AGREEMENT WITH THE SCHOOL BOARD OF BROWARD COUNTY. AND THE CITY OF DANIA BEACH FOR SUMMER FOOD SERVICE AT FROST PARK, C.W. THOMAS PARK AND P.J. MELI PARK FROM JUNE 19 THROUGH AUGUST 11, 2000, FOR THE SCOPE OF SERVICES OUTLINED IN THE AGREEMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 6.7 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE AGREEMENT WITH BROWARD COUNTY. AND THE CITY OF DANIA BEACH FOR WATER SAFETY INSTRUCTION/EDUCATION PROGRAMS FOR CHILDREN UP TO FOURTEEN (14) YEARS OF AGE AT C.W. THOMAS PARK FOR FY 1999-00; BROWARD COUNTY TO REIMBURSE CITY OF DANIA BEACH THREE DOLLARS AND TWENTY CENTS ($3.20) PER CHILD PER • LESSON TO A MAXIMUM OF THIRTY THOUSAND DOLLARS ($32,000.00), FOR THE SCOPE OF SERVICES OUTLINED IN THE AGREEMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Ordinances —Title to be read by city attorney 6.9 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING ' TO CHAPTER 6 OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED "BEACHES, PARKS AND RECREATION"; AMENDING THE CODE j OF ORDINANCES TO REVISE PARK AND BEACH HOURS, TO ALLOW A DESIGNEE OF THE CITY MANAGER TO COMMAND ANY PERSON TO LEAVE THE GROUNDS OR AREAS OF ANY PUBLIC PARK OR RECREATIONAL FACILITY, TO PROHIBIT.THE BRINGING OF ANIMALS TO PARKS, BEACH AREAS AND PARKING AREAS; TO DESIGNATE PERMITTED ACTIVITIES ON CITY BEACHES; TO PROVIDE DEFINITIONS FOR THE TERMS "BOAT' AND "BODY BOARDING", RESPECTIVELY AND TO UPDATE PARKING RESTRICTIONS; CREATING PROVISIONS GOVERNING LAUNCHING OF BOATS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (First Reading) MINUTES CITY OF DANIA BEACH 2 JULY 11, 2000 6.10 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING RESOLUTION NO. 2000-089 TO CORRECT A SCRIVENER'S ERROR, BY CONFIRMING THAT THE PROJECT NAME PERTAINS TO "NORTHWEST" (NOT "SOUTHWEST") IMPROVEMENTS, IN CONNECTION WITH THE THIRD AMENDMENT TO THE 24T" YEAR FUNDING AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH FOR NORTHWEST IMPROVEMENTS PHASE III, UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, IN THE AMOUNT OF $142,460.00; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Commissioner Mikes, seconded by Vice-Mayor Bertino, approving the Consent Agenda with the exception of items 6.3, 6.4 and 6.8. 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 Items pulled from the Consent Agenda: 6.3 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE GRANT AGREEMENT WITH THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL, UNDER THE COMMUNITY INVESTMENT GRANT AWARDED TO THE CITY OF DANIA BEACH FROM THE DEPARTMENT OF • COMMUNITY AFFAIRS, FOR SERVICES RELATING TO THE DEVELOPMENT AND IMPLEMENTATION OF POLICIES AND PROGRAMS CONSISTENT WITH THE STATE OF FLORIDA'S EASTWARD HO! INITIATIVE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Manager Smith advised that the Resolution approves a grant agreement from the South Florida Regional Planning Council in the amount of$10,000.00 as part of the F Eastward Ho Program to conduct a market feasibility study. The City will be using FAU to meet the match requirement under the City's consulting partnership. Vice-Mayor Bertino clarified for the public that the City is using the grant funds to conduct a feasibility study on the types of businesses and sectors of economy in the downtown district to determine the types of businesses that should be target marketed for economic development in the City. A motion was made by Commissioner Mikes, seconded by Vice-Mayor Bertino, adopting the resolution. 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 40 MINUTES CITY OF DANIA BEACH 3 JULY 11, 2000 6.4 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SERVICE AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND FUZION WIRELESS COMMUNICATIONS, INC., A FLORIDA CORPORATION, FOR NETWORK SERVICES; AUTHORIZING SERVICES WITH FUZION WIRELESS COMMUNICATIONS, INC. FOR A TERM OF THREE YEARS FOR AN AMOUNT NOT TO EXCEED $36,000.00; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Mikes questioned staff on whether there are other cities who may have a special arrangement for receiving grants or free services from these types of carriers. City Manager Smith was not aware of any special arrangements on a service per service basis for Internet access, however, the City would be receiving compensation from some of these facilities to off-set costs. A motion was made by Commissioner Mikes, seconded by Vice-Mayor Bertino, adopting the resolution. 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 At this time, Mayor McElyea returned to Item 4.1. 6.8 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, CALLING A REFERENDUM ELECTION ON THE SEVENTH (7TH) DAY OF NOVEMBER, 2000, ON PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY OF DANIA BEACH, FLORIDA, TO PERTAIN TO ELECTIONS OF CITY COMMISSIONERS, BY REDUCING THE LENGTH OF ALL ELECTED OFFICIALS' TERMS FROM FOUR (4) YEARS TO TWO (2) YEARS; ESTABLISHING FOUR (4) INDIVIDUAL COMMISSION SEATS; CHANGING THE OFFICE OF MAYOR TO A POPULARLY ELECTED POSITION; CHANGING THE TERMS OF ALL FIVE (5) ELECTED OFFICIALS SO THAT THEY ARE ALL ELECTED IN THE SAME YEAR AND THAT THEIR TERMS ARE NOT STAGGERED; PROVIDING FOR A RUNOFF ELECTION IF NO CANDIDATE FOR ELECTED OFFICE ON THE CITY COMMISSION RECEIVES MORE THAN FIFTY PERCENT (50%) OF THE VOTE; AND, INCREASING THE NUMBER OF CONSECUTIVE TERMS ELECTED OFFICIALS ARE PERMITTED TO SERVE, FROM TWO (2) TO FOUR (4) TO MAINTAIN AN EIGHT (8) YEAR TERM LIMIT; PRESCRIBING THE FORM OF BALLOT; DIRECTING THE ADVERTISING OF SUCH ELECTION; PROVIDING FOR AN EFFECTIVE DATE. (First Reading) Commissioner Etling suggested that the proposed ordinance be directed to the Charter Review Board and that two public hearings be held because the proposed amendment would change the major structure of electing officials and terms of office. • MINUTES CITY OF DANIA BEACH 4 JULY 11, 2000 Mayor McElyea mentioned that the meeting is not being aired on television tonight due ® to technical difficulties with Comcast Cable. He agreed with the public hearing aspects of the ordinance since so many people are not present to speak tonight. Commissioner Mikes commented on his actions to make changes to the Charter over the years and clarified that he is not targeting this ordinance towards the present group of commissioners. He stated that as a general rule, Charter Review Boards reflect the political make up of the people who appoint them and he mentioned that he is finishing up 12 years of service on the City Commission and that his intention is to make the City Commission more accountable and responsive to the public. He mentioned that it appears most of the present commissioners, based on articles in the newspaper, do not have a problem with specific seats instead of running at large. Since the City is so small, he recommended.two-year terms for a more responsive commission and a better opportunity for new candidates. He pointed out that the change would provide for the same commissioners to get re-elected as long as they are doing a good job for the City and have support of the community as new candidates are not going to challenge those commissioners. Commissioner Mikes encouraged comments from the public on the proposed ordinance and advised that he is flexible on electing the Mayor. Mayor McElyea opened a public hearing. Robert Chunn agreed with the ordinance. Albert Jones, 722 SW 3 Street, agreed with some of the issues outlined in the ordinance, but disagreed with two-year terms and suggested consideration of creating geographic . district seats. Bob Turchin, 110 SE Park Street, supported the proposal and stressed the need for having a strong city manager under this type of system. Teddy Bohanan agreed with the ordinance. Reverend T. Lewis agreed with the ordinance. Joel Azrikan stressed the need for the City Commission to be more responsive to the citizens and agreed with the two-year terms. Sophie Steele, 301 SE 6 Street, supported Commissioner Mikes and the ordinance proposal. Kurt Ely opposed the two-year term proposal and mentioned that the City did have two- year terms a longtime ago and that it didn't work. He also pointed out that there is a recall provision in the Charter that allows the public to remove any commissioners that are not doing their job. Hugo Renda opposed the two-year terms as he did not think it would be enough time for an elected official to learn the job and be effective. MINUTES CITY OF DANIA BEACH 5 JULY 11, 2000 Sophie Steele pointed out that Commissioner Jim Cali did a good job as soon as he was elected without having gained years of experience and that people should not run for office if they are not prepared for the job. Hearing no further comments, Mayor McElyea closed the public hearing. Mayor McElyea disagreed with the 2-year terms. Vice-Mayor Bertino mentioned that there is good and bad to every issue and that people thought term limits was such a good idea until now when 57 to 59 seasoned.legislators are expected to be removed from the Florida House of Representatives and Senate in the next election and that politics and public policy in the State of Florida will be controlled by bureaucrats. He disagreed with two-year terms as there is a lot of work involved with being a City Commissioner and that it takes time to get acquainted with the job. He also recommended staggered terms for stability. Commissioner Mikes mentioned that most elected officials have a public and private agenda, which involves commercial real estate deals and projects that are not beneficial to the citizens of the City. Discussion followed with Commissioner Mikes and Kurt Ely in regards to statements about the expansion of a six-lane highway on SE 5th Avenue. Merita Mitchell agreed with the idea of two-year terms based on it providing a better opportunity for the citizens to know the accomplishments of a commissioner and whether they want to re-elect that person. She also questioned whether term limits are a good ® idea since there are commissioners who are doing a good job. Ralph Eddy, 150 SE 4 Avenue, disagreed with the two-year terms and thought that the City Commissioners are doing a good job. A motion was made by Commissioner Mikes, seconded by Vice-Mayor Bertino, continuing the first reading of the ordinance to an advertised public hearing. The motion failed on a 2/3 roll call vote: Commissioner Cali-no Commissioner Etling —no Commissioner Mikes —Yes Vice-Mayor Bertino-Yes Mayor McElyea-no 7, BIDS AND REQUESTS FOR PROPOSALS:-NONE 8. PUBLIC HEARINGS 8.1 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA IMPOSING A TEMPORARY MORATORIUM ON ACCEPTING AND PROCESSING CERTAIN APPLICATIONS FOR ZONING DEVELOPMENT ORDERS; ESTABLISHING THE AREA AFFECTED AS ALL PROPERTY IN DANIA BEACH LYING WEST OF 1-95 WHICH ENJOY A COMPREHENSIVE PLAN FUTURE LAND USE "INDUSTRIAL" DESIGNATION; PROVIDING THAT THE MORATORIUM SHALL MINUTES CITY OF DANIA BEACH 6 JULY 11, 2000 i APPLY TO CERTAIN HEAVY INDUSTRIAL, LIGHT INDUSTRIAL, AND COMMERCIAL TYPES OF USES, WHILE LEAVING UNAFFECTED A WIDE VARIETY OF LIGHT INDUSTRIAL AND OTHER TYPES OF COMMERCIAL USES AS MORE PARTICULARLY PROVIDED IN THE ORDINANCE; PROVIDING FINDINGS; PROVIDING DIRECTIONS; AND PROVIDING AN EFFECTIVE DATE THEREFORE. (First Reading) Laurence Leeds, Growth Management Director, advised that the moratorium ordinance will be expiring August 8th and that this ordinance is a contingency ordinance extending the moratorium through December 12, 2000, in the event that the proposed package text changes to the IROM (Industrial Research Office Marine) and IROC (Industrial Research Office Commercial) zonings are not completed by August 8th. Mr. Leeds welcomed individual meetings with the City Commissioners to discuss the work that has taken place over the past six months on the rezoning and advised that three (3) public hearings have been held with the public and that notices were sent out to the property owners impacted by the changes. Mr. Leeds explained that the IROM ordinance is substantially different from what was presented two years ago and that the new ordinance incorporates concerns from property owners impacted by the zoning change and meets the City Commissioners' intent of the proposed zoning change. Mr. Leeds clarified that no business currently existing legally will be forced out of business and will be allowed to continue indefinitely. The only two reasons that would stop a business.from operating are as follows: (1) If 75% or more of the building were destroyed due to calamity; (2) The entire business was abandoned for more than one- year. Mr. Leeds was not aware of anyone losing financial approval due to a zoning ® change and urged adoption of the new zoning as a way for the city to move forward with quality development in the City. Mayor McElyea opened the public hearing. John Premo, of Ellis, Spencer& Butler, P.A., representing Tigertail Industrial Park, commended the City for its actions to address zoning concerns for the area and working with his client. Hearing no further comments, Mayor McElyea closed the public hearing. Commissioner Mikes commended Larry Leeds for working with the public and business community on the new zoning designations. A motion was made by Commissioner Etling, seconded by Commissioner Mikes, adopting the ordinance on first reading. The motion passed on the following 4/1 roll call vote: Commissioner Cali-No Commissioner Etling —Yes Commissioner Mikes —Yes Vice-Mayor Bertino-Yes Mayor McElyea-Yes Item #11.3 was heard at this time. MINUTES CITY OF DANIA BEACH 7 JULY 11, 2000 i ® 9. CITIZENS' COMMENTS: -NONE Addressing the Commission:Comments by Dania Beach citizens or interested parties that are not part of the regular agenda shall be submitted in writing or communicated verbally to the City Manager or his or her designee prior to 4:00 p.m.on the second(2nd)and fourth(4")Mondays of each month. Comments of any nature shall be responded to by the office of the City Manager. If,within three days of submission of the comment to the City Manager,the concern remains unresolved in the sole opinion of the citizen or interested party or the citizen or party desires to direct the comment(s)to the City Commission,the citizen(s)or party shall be placed on the citizens'comments portion of the Commission agenda and shall be allowed to address the City Commission during the next regularly scheduled City Commission meeting. Emergencies may be submitted to the Mayor,a City Commissioner or the City Manager prior to the beginning of the meeting. The Mayor or Commissioners may relinquish part or all of their comment time to a citizen's request if they so desire. 10. COMMISSION COMMENTS 10.1 Commissioner Cali mentioned his concern for the old BCC building on the south end of Tigertail Lake is unattended and open to possible vandalism since the dredging project is completed. He suggested that the BCC Water Sports group be allowed to move back into the building until the new building is completed so that the programs could be reactivated. City Manager Smith agreed to take the suggestion under consideration. However, he pointed out that the building is sitting on a temporary piling and that a ramp and parking lot would need to be constructed, utilities connected and that a cost analysis would need to be determined. Commissioner Cali asked when the Code Enforcement Amnesty Program is going to be brought back to the City Commission. City Manager Smith advised that staff is working out the details of the program and asked for clarification on whether the City. Commission desires to apply the program throughout the City, limit the program to homeowner homesteaded property only or consider rental and commercial properties. The Commission agreed that the Amnesty Program would only be used for homestead properties. Commissioner Cali reported that Broward County Commission signed a five-year lease for the City Library in the Citibank Building on Dania Beach Boulevard, which includes a 30-day exit clause. The County also committed monies in its five-year capital improvement program to fund a permanent library structure for the Dania Beach Paul DeMaio Library. Since the Carousel Antiques building,Dania Beach Hotel, and other buildings in the City are available for sale, he recommended that the City Manager and City Attorney be directed to explore property purchases through the assistance of an appraiser and negotiate with property owners or agents. Commissioner Cali urged the City Commission to consider purchasing the Dania Beach Hotel property since the property could potentially qualify for some sort of grant funding from the State of Florida Historical Preservation Program. He pointed out that the City of St. Augustine gets most of the money from the State Preservation Historic Trust Fund and he believed that funding is available for property acquisition on significant historic properties. It was his opinion that the Dania Beach Hotel is a significant historic property as the architecture of the building dates back to the beginning of the City. He stated that the building could be used as a cultural center or library and he cautioned that the property could also be destroyed as it is not protected by any national or state historical designation. He urged the City Manager to research grant funding from State, Federal MINUTES CITY OF DANIA BEACH 8 JULY 11, 2000 and County sources or joint funding from the County for renovations or purchases of • properties towards the goal of finding a permanent building for the Paul DeMaio Library. Mayor McElyea urged the City Commission to consider purchasing the Jean Cook property located behind City Hall and proposed the idea of using the building on her property for the Building Department and the land for a library, city facility, day care or parking garage. Mayor McElyea pointed out that the City does not receive much tax revenue from the vacant lot and that it is very expensive to renovate old buildings. Vice-Mayor Bertino mentioned his interest in Jean Cook's land at the time the City discussed the recent bond issue and the possibility of moving into a public or private partnership to bring positive buildings into the downtown area. Vice-Mayor Bertino was not in disagreement with Commissioner Cali's idea of the Dania Beach Hotel but pointed out the expensive venture required in retrofitting old buildings for fiber optics. He recommended that the City research the land on 13th street for a library as it could also service the City of Hollywood. He mentioned his intentions of discussing the possibility of a sinking fund being set up for the purchase of property for a library site in the upcoming budget workshop. 10.2 Commissioner Etling mentioned that he was at the County Commission meeting today when action was taken to place Dania Beach on the five-year plan for a permanent library site. He thought that the purchase price for the Dania Beach Hotel is too high and that the structure may not be strong enough to hold the weight of books. He recommended that property to the south and east of City Hall be pursued in an effort to tie all of the areas together with Fire Station #1 and the Nyberg/Swanson House within the next four years in time for the City's Centennial. 10.3 Commissioner Mikes agreed that the Jean Cook property to the south of City Hall - should be pursued and that the City should find out if she would consider a donation of the property since she was a past City official for many years. Commissioner Mikes requested that staff and BSO address the problem in the - Melaleuca Gardens neighborhood where some teenagers are opening a fence located between a culvert and the waterways near 6th Avenue. 10.4 Vice-Mayor Bertino agreed that the Jean Cook land should be pursued for the governmental campus concept which has been discussed for years and advised that he mentioned the 13th Street property for the library because of the closeness to Hollywood. Vice-Mayor Bertino inquired as to the status of implementing the Ordinance requiring occupational licenses for rentals. City Manager Smith advised that some applications for the license have been received. Laurence Leeds, Growth Management Director, explained that staff cannot always clearly identify properties that are rentals and that it is difficult to determine whether an owner is living in part of a duplex and that staff is currently dealing with Code Enforcement issues. • MINUTES CITY OF DANIA BEACH 9 JULY 11, 2000 • Vice-Mayor Bertino understood that it would be a monumental task to implement the ordinance and that additional staff is needed. City Attorney Ansbro advised that Lauderhill started its rental ordinance a few years ago and that they hired a lot staff to get the program going. Commissioner Cali clarified with Laurence Leeds that all condominiums are exempt from the rental ordinance. Vice-Mayor Bertino brought up the problem with the sabal palms getting blight on them along SW 4th Avenue. City Manager Smith advised that Public Works is working with a specialist and that it is a difficult problem. 10.5 Mayor McElyea expressed concern that the pump at Meadowbrook Condominium does not work and that there is potential for drainage impact to the area if there is a heavy rain. City Manager Smith advised that the City Commission approved the purchase of a new pump in June and that Bud Palm, Utilities Director, is requesting to lease a pump for two-months for$11,000.00 until the new pump is received. He suggested that the pump be taken apart to see if it could be repaired. City Manager Smith agreed to administratively take care of the lease for the pump this week. Discussion followed on the need to notify people living within close proximity to the pump house when the pump is cranked up. Item #11.2 was heard after Commission Comments. 11. DISCUSSION AND POSSIBLE ACTION 11.1 Reconsideration of request for abatement of CEB99-0362 Code Enforcement lien by John and Angela Magazzu for property located at 4430 SW 32"d Avenue, Dania Beach. (Staff) Diane Magazzu presented a location map of her family's property and assured the City Commission that her family did not neglect to address the code enforcement issues cited against 4430 SW 32 Avenue. She explained that a single family rental home sits on a one-acre lot at 4430 SW 32 Avenue and that a marina is located on the north. Mrs. Magazzu mentioned her family history on the property over the past 20 years and explained that the City sent a fetter dated September 9, 1999, advising of two code violations at 4430 for the following: (1) non-registered vehicle; (2) uncut grass. She stated that no one from her family received the City's September 9th letter and that she changed tenants in October, 1999. She clarified that the tenant whose red Cadillac was cited by the Code Enforcement Board for not being properly licensed and registered was sold to the new tenant and that the new tenant legally registered the red Cadillac. However, it was her opinion that Code Enforcement continued to think that the vehicle was unregistered and owned by the previous tenant. Ms. Magazzu stated that she can provide records from a professional lawn service proving that there have been regular lawn cuttings since June 1999, and that the property at 4432 SW 32 Avenue was in compliance without having received formal MINUTES CITY OF DANIA BEACH 10 JULY 11, 2000 notification of any violations from the City at the time the tenant was evicted. She explained that Betty Baresh, a family friend, has been managing her family's properties for a number of years and that Ms. Baresh was in constant communication with Code Enforcement regarding the condition of the properties. By a letter dated December 2, 1999, the City notified the family to appear at a hearing on December 13 concerning the two violations mentioned in the September 9th letter. Ms. Magazzu explained that her family was not aware that the properties were still in violation, and on December 13tn Betty Baresh received confirmation from Mr. Dubinsky, Code Enforcement Officer, by phone that the Magazzu properties were in compliance and that an appearance at the Code Enforcement Board Meeting was not necessary. Ms. Magazzu admitted that her father disregarded continued correspondence from the City because he thought that the property was in compliance. She stated that only one letter was actually signed for by her mother and that the other letters from the City were signed by an unknown person at the trailer park clubhouse. On April 1, 2000, Mr. Magazzu received a Supplemental Order Claim of Lien for 4430 SW 32 Avenue and Betty Baresh arranged a meeting with Mr. Dubinsky on April 17th at the 4430 location. She stated that at that meeting, Mr. Dubinsky advised them that they were being cited for dead leaves on a small palm tree and weeds growing under the tree. The palm tree was cut down the next day and Mr. Dubinsky was called and he agreed to take Betty's word about the tree's removal over the phone. On April 24, a letter was sent to the City requesting an abatement of the fine and a hearing was granted with Code Enforcement on June 5. Ms. Magazzu explained she was not made aware by the City of the hearing before the City Commission on June 13th, which is why she had to request permission to be heard tonight. • Ms. Magazzu read statements from minutes of the December 13, 1999, Code Enforcement Board meeting relating to property violations for landscaping and debris, abandoned vehicles on the property, and comments about BSO red tagging 50 to 60 vehicles in the last six month on the vacant lot at 32"d and Griffin Road. Ms. Magazzu stated that she was shocked to hear the statements that were being made against her family's property and clarified that the property at 32"d and Griffin was not owned by her family. She mentioned that an individual at 44th Street has placed vehicles for sale at 32"d and Griffin and that the person owns two tow trucks and that her previous tenant did fix vehicles for that person. She mentioned that Mr. Dubinsky has maintained that he never said the property was in compliance and that there may have been misunderstandings. She stated that her family did not intentionally violate any code requirements and requested that the City Commission abate all of the liens against the property. At this time, it was divulged that Ms. Magazzu had been in contact with City Commissioners regarding the Code Enforcement issues prior to this meeting. William Johnson, Chief Code Enforcement Officer, advised that all of Ms. Magazzu's arguments have been heard at the Code Enforcement level and that the board recommended to abate the fine by 50% from $20,100.00 to $10,050.00. He pointed out that the City Commission reimposed the full amount of$20,100.00 on June 13thwhen the petitioner was not presented and that the only way to appeal the decision of the Code Enforcement Board is through the Circuit Court. He clarified that the City MINUTES CITY OF DANIA BEACH 11 JULY 11, 2000 Commission should only hear the request for abatement and not consider the • circumstances relating to the property. City Attorney Ansbro stated that petitioners have 30 days to appeal the Code Board's Order at the Circuit Court level and that it is too late to challenge the order. City Attorney Ansbro clarified that the City Commission has the right to hear mitigating factors and to abate the lien to zero if they so choose. Mayor McElyea mentioned that he is aware of the problems in the area and that he personally knows that Mr. Magazzu had problems with a gypsy car dealer who was dumping junk on his property and that BSO has a hard time catching these individuals. Mayor McElyea suggested that if the City Commission decides to impose a lien that the amount of the lien be put back into the property by improving the seawall. Commissioner Mikes pointed out that the property is water front property and very valuable and that the property owners in the area want.the City to clean up the neighborhood. He suggested that Mr. Magazzu could do a better job of screening tenants and that there should be an assurance that the violations will not continue on the property if the City Commission decides to waive the fines. Discussion followed on comments in the Code Board minutes that BSO had red tagged some 50-60 vehicles in the area. Mr. Johnson advised that many cars have been red tagged for being put up for sale at 32"d and Griffin Road and some of the license tags were found to be owned by a tenant living at the Magazzu property. Mr. Johnson pointed out that all of the cars do not get red tagged and that the people move them. • Mayor McElyea advised that this has been an ongoing problem and that the VIN number has to be checked and that the dealer does not always transfer every tag. Commissioner Etling mentioned his conversations with Ms. Magazzu regarding her intentions of demolishing a building, repairing the seawall and renovating the property at 4430. He agreed that the City Commission should require the amount of the lien to be invested back into the property within a certain time frame or the full amount of the line would be reimposed. He thought that this would improve the property, which is the true intention of Code Enforcement. City Attorney Ansbro advised that the City could structure some sort of Code Enforcement Order, with the consent of the property owners, including stipulations for improving the property within a certain time frame and that the order could be recorded against the property. Discussion followed on the boat business at SW 441h and 32"d being grand fathered in as a non-conforming use at the time of annexation into the City and that the house to the east is expected to be cited soon. Mr. Magazzu stated that his property has been maintained and that the cars at the corner property have nothing to do with his property nor anything to do with his tenants. Laurence Leeds stated his concern that the seawall repair may exceed the lien amount and inquired with City Attorney Ansbro on what the City's recourse would be on enforcing the seawall repair if it is not completed within the 18 month period as MINUTES CITY OF DANIA BEACH 12 JULY 11, 2000 discussed. City Attorney Ansbro explained what recourse the City would have if this situation arose. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Cali, to require that the $20,100.00 lien amount be applied towards constructing a 150' seawall and that the seawall be completed within 18 months; that a legal caveat be added, with the owner's permission, that the full amount of the lien would come due if there are any violations resulting in a Code Board order on the property located at 4430 SW 32 Avenue within a five year probationary period; and that the administrative cost of $500.00 be deducted from the $20,100.00 and paid within 30 days. City Attorney Ansbro advised that an order will be created from this motion for the Code Enforcement Board. 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 After Item 11.1, the Commission addressed Item 10. Item 11.2 was heard after Commission Comments. 11.2 Discussion of general rental property leases in the City. (Commissioner Mikes) • Commissioner Mikes mentioned that there are many eviction problems with people involved in criminal activity and that the City may want to consider drawing up a model lease for landlords as a better way to deal with criminal activity and code problems and that the leases be made available at the Chamber of Commerce. City Attorney Ansbro agreed to bring back information on a Marvin Gardens Lease Addendum that has been used by the Nuisance Abatement Board of Fort Lauderdale. He advised that the City's Nuisance Abatement Board is expected to meet soon and that BSO has been doing a fine job of dealing with nuisance properties. Commissioner Mikes mentioned that people have skipped out on water bills on rental properties because the City did not have a way to access the owners of properties or cross check properties. He expected that additional personnel will need to be hired to implement the Occupational License Ordinance. City Manager Smith advised that the City is participating in a cooperative venture with the Broward County Property Appraisers Office and that once the GIS (Geographic Information System) Base Map is operating, hopefully by the end of the year, staff will have instant access to necessary property records. Commissioner Mikes advised that a lot of street criminal activity in the City can be traced back to the rental properties and that there is need to encourage landlords to work better with the City to clean up areas. Item #12 Appointments was heard after Item 11.2 MINUTES CITY OF DANIA BEACH 13 JULY 11, 2000 • Item 11.3 was heard after Item 8.1 11.3 Reconsideration of Variance (VA-24-00) by Tom Naylor, owner, property located at 400 South Federal Highway, a/k/a "The Frost Property". (Mayor McElyea) Mayor McElyea mentioned that he was on the prevailing side of the variance issue that failed on June 13th and that he would like to see the item reconsidered at the next meeting. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Etling, reconsidering VA-24-00. 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 Item #11.1 was heard after Item 11.3 12.. APPOINTMENTS 12.1 Appointment of 3 members to the Airport Advisory Board. 12.2- Appointment of 2 members to Human Relations Board. 12.3 Appointment of 1 members to the Marine Advisory Board. 12.4 Appointment of 2 members to the Occupational License Review Advisory Board. • 12.5 Appointment of 4 member to Parks, Recreation and Community Affairs Advisory Board. 12.6 Appointment by Commission of one (1) Alternate for citizen member to the Civil Service Board. City Attorney Ansbro advised that the City Commission needs to address the replacement of Chickee Brandimarte on the Nuisance Abatement Board who has resigned from the Alternate position. Commissioner Cali nominated Bob Adams. A motion was made by Commissioner Cali, seconded by Commissioner Etling, to adopt a resolution appointing Bob Adams as Alternate on the Nuisance Abatement Board. 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 13. ADMINISTRATIVE REPORTS 13.1 City Manager— Reminder—July 14, 2000, 9:00 a.m. —Budget Workshop MINUTES CITY OF DAN/A BEACH 14 JULY 11, 2000 City Manager Smith advised that General Employee, Gail Fondo, is retiring after 27 • years of service. He thanked her for her dedication to the City and extended his best wishes for success in her retirement. 13.2 City Attorney Ansbro reported that the Pier Restaurant lease has been sent to the Restaurant People Inc. and that their attorney is on vacation until Monday. He expected to hold a meeting soon and work out a good deal for all parties concerned. 14. ADJOURNMENT This meeting was adjourned at 11:05 p.m. AYOR-COMMbIONER ACTING CITY CLERk Respectfully submitted by Charlene Johnson Deputy City Clerk APPROVED BY CITY COMMISSION: AUGUST 8, 2000 • MINUTES CITY OF DANIA BEACH 15 JULY 11, 2000