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HomeMy WebLinkAbout2000-08-08 Regular City Commission Meeting Minutes MINUTES DANIA BEACH CITY COMMISSION REGULAR MEETING AUGUST 8, 2000 1. MAYOR MCELYEA CALLED THE MEETING TO ORDER AT 7.40 P.M. 2. INVOCATION AND PLEDGE OF ALLEGIANCE * Reverend Margaret Smart, Vitas Hospice Care 3. ROLL CALL Present: Mayor: Charles 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 Deputies of the Month: Cynthia Adamsky Louis Bautista Chief Anton presented "Deputy of the Month" awards to Deputy Cynthia Adamsky and Deputy Louis Bautista for July 2000 and awarded Bob Moral for his citizen assistance with two recent burglaries in the City. 4.2 Fire Department: Presentation of CPR cards 4.3 Fire Department: Update on smoke detector progress. (Fire Inspector Pete Heng) Ken Land, Fire Chief, commended the employees who have taken time our of their work day to become certified in CPR through a program provided by the Fire Department. Lt. Bruce Caruso, EMS Coordinator for the Fire Rescue Department, advised that additional CPR classes are being offered August 15 and August 16 and he presented certification cards to the following General Employees: SHARON PRENTICE MICHELLE SPATAFORA JOANN BRAVE DAVID CASASANTA LARRY NADEAU JAMES GOMERINGER MINUTES CITY OF DANIA BEACH 1 AUGUST 8, 2000 Additional employees who are certified and not present: Jim Baker, Kathleen Smith, Cari Roman, Terry Petersen, Rhona Lipman, Daniel Cherion, Jose Urtecho and Felicia Brown, secretary to Chief Anton, BSO. Ken Land, Fire Chief, advised that the City received a Statewide grant, in cooperation with Radio Shack, for 140 smoke detectors and that the Fire Rescue Department has taken action to install many of these devices in some Dania Beach residences. Lt. Caruso explained that 15 households have received smoke detectors so far and he expressed the need to educate the public on fire prevention. Lt. Caruso stated that the Fire Department is continuing to install smoke detectors in homes free of charge and the public was urged to contact (954) 924-3727 if they are interested in obtaining smoke detectors. Commissioner Mikes requested that City Attorney Ansbro review the law to determine if the City can require landlords to provide smoke detectors in all rental properties. 5. PROCLAMATIONS: NONE Items pulled from the Consent Agenda: Commissioner Mikes pulled item 6.1 and 6.2 and Commissioner Etling pulled item 6.4. 6. CONSENT AGENDA (INCLUDING EXPENDITURES): Resolutions: • 6.3 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RECOGNIZING AND CONGRATULATING ST. RUTH MISSIONARY BAPTIST CHURCH, THE FIRST AFRICAN AMERICAN CHURCH ESTABLISHED IN DANIA BEACH, ON THE OCCASION OF ITS 92"d ANNIVERSARY TO BE HELD AUGUST 13, 1999; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Etling, approving the Consent Agenda with the exception of items 6.1, 6.2 and 6.4. 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 Minutes: 6.1 Approval of minutes of Regular Meeting, June 27, 2000. A motion was made by Commissioner Mikes, seconded by Commissioner Etling, continuing the Minutes of June 271h to the August 22"d regular meeting for clarification of who made the motion on page 12 and 13. 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 CITY OF DANIA BEACH 2 AUGUST 8, 2000 l Mayor McElyea-yes • 6.2 Approval of minutes of Regular Meeting, July 11, 2000. Commissioner Mikes requested that staff record in minutes of all regular meetings the person who pulls Consent Agenda items for discussion. He clarified that the Charter amendment ordinance that failed at the July 11th meeting was not going to make any change to term limits, however, the ordinance would have shortened terms to 2 years, candidates would run for certain seats instead of at large, and there would have been a new procedure for an elected mayor. No changes being made to the July 11th minutes, a motion was made by Commissioner Mikes, seconded by Commissioner Etling, approving the July 11th minutes as presented. 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 6.4 Motion to approve settlement in Ulbrich v. Dania Beach. Acceptance of $22,500.00 to satisfy Code Enforcement Board Lien. Commissioner Etling clarified that a resolution has been presented for this item. A motion was made by Commissioner Etling, seconded by Commissioner Cali, adopting the resolution approving the settlement agreement. 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 8.5 was heard after Item 6.4. 7. BIDS AND REQUESTS FOR PROPOSALS: NONE 8. PUBLIC HEARINGS (continued from 7/25/2000 regular meeting) 8.1 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 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 • MINUTES CITY OF DANIA BEACH 3 AUGUST 8, 2000 SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND • READING) City Attorney Ansbro read the title of the ordinance for second reading and requested clarification from the City Commission on whether they desire an absolute prohibition of animals from the beach and/or parks or a designated area for animals at the parks and/or beach. He also presented language changes to Section 6.9 regarding service animals. Commissioner Cali disagreed with banning dogs at the parks but did agree with providing rules for animal owners to follow in accordance with what other cities have implemented. Randy Wilkinson, Parks & Recreation Director, advised that it is standard practice at most cities to.prohibit pet animals and dogs from parks due to the mess that is left and liability concerns with children and adults getting bit. Commissioner Etling mentioned that it is impossible to enforce pet owners to cleanup after their pets on public property and he urged the City Commission to put the health and welfare of people first by prohibiting animals. Mayor McElyea opened the public hearing. Reverend Margaret Smart opposed prohibiting dogs at the parks and felt that an area should be designated for pet owners to walk their dogs. • Bob Adams, 330 SE 3 Terrace, was of the opinion that there is enough space at each of the City's parks to designate a dog and/or animal area. Hearing no further comments, Mayor McElyea closed the public hearing. A motion was made by Commissioner Etling, seconded by Commissioner Cali, amending the ordinance on Page 2, Section 6-9, by changing the last sentence to read "This section shall not be enforced against persons using service animals as defined by the Americans with Disabilities Act". 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 A motion was made by Vice-Mayor Bertino, seconded by Commissioner Etling, adopting the ordinance on second reading as amended with the condition that Randy Wilkinson, Parks & Recreation Director, be given the discretion of determining what parks could include a fenced off designated "dog run area". 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 MINUTES CITY OF DANIA BEACH 4 AUGUST 8, 2000 8.2 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING • CHAPTER 28 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH BY REPEALING EXISTING ARTICLE 27 "INDUSTRIAL- RESEARCH-OFFICE-MARINE ([ROM) DISTRICT" AND REPLACING IT WITH A NEW ARTICLE 27, "INDUSTRIAL-RESEARCH-OFFICE-MARINE (IROM) DISTRICT", INCLUDING AMENDMENTS TO DISTRICT PURPOSE, PERMITTED USES, .PROHIBITED USES, SPECIAL EXCEPTION USES, REQUIRED CONDITIONS, AREA REQUIREMENTS, AND APPROVAL OF SITE DEVELOPMENT PLAN; RESCINDING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the titles of Items 8.2, 8.3 and 8.4 since they are all related. Laurence Leeds advised that his staff memo provided to the City Manager and City Commission outlines the changes that have been made to the IROM and IROC zoning districts since first reading. Discussion followed on whether or not Broward County offices should be included in the IROM ordinance and interpretation of the 1995 Airport Interlocal Agreement. Mr. Leeds was of the opinion that Broward County Offices and/or FAA Offices are not permitted uses under airport related compatible use categories in the agreement. City Attorney Ansbro recommended that a category for permitted uses be provided for other governmental entities and presented a proposed amendment to Section 27.20 (1) • of the IROM Ordinance by including the wording "Government office facilities would be permitted if such facilities consistent with the requirements of this Article 27 and only to the extent that the total acreage of all such governmental office facilities in the IROM district does not exceed 30 acres." Discussion followed on reducing the 30 acre cap to 10 or 5 acres and requiring a variance procedure. City Manager Smith agreed with Commissioner Mikes that the intent of the property provided to the City in the Interlocal Agreement was that the property be placed back on the tax rolls for revenue to the City. Mr. Smith was concerned that excessive governmental use by Broward County would have an exact opposite effect of what was intended from the Airport Agreement and urged the City Commission to minimize the expansion of Broward County office buildings in the IROM area. Barbara Hill, Broward County Aviation Division, presented a map showing the three plats owned by Dania Beach as part of the Airport Interlocal Agreement and initially designated by the County to be used for noise purposes. Ms. Hill advised of the County's plans to auction off the estimated 22 acres of lands so that they would be placed back on the tax rolls sometime in January 2001. In addition, she also presented a drawing showing land owned by the Broward County Aviation Department encompassing around 5 acres being kept by Broward County, which is included in the proposed IROM zoning. She explained that BCAD offices are currently located in Terminal 4 of the Airport. Since the Fort Lauderdale-Hollywood International Airport is the 4th fasted growing airport in the United States, they may need to expand their office use for airline purposes. • MINUTES CITY OF DANIA BEACH 5 AUGUST 8, 2000 Barbara Hill stressed that the airport expansion has had a positive impact on the is economics of the entire Broward County area. Vice-Mayor Bertino agreed that there has been positive impact on Broward County cities but pointed out that the airport has also adversely impacted Dania Beach from a financial and development aspect. Vice-Mayor Bertino suggested the concept of payment in lieu of taxes in regards to allowing Broward County offices in the IROM zoning district. According to Federal Aviation Regulations, Ms. Hill advised that payment in lieu of taxes would be prohibited. Vice-Mayor Bertino then suggested that Broward County build the offices as county buildings, lease them to the Federal Aviation Department, and the Aviation Department could pay a leasehold, consequently not paying any taxes, and the County could make payments in lieu of taxes. Ms. Hill agreed that this suggestion would be up to the County Commission. Commissioner Mikes pointed out that Dania Beach gave up valuable property on U.S. #1 due to the airport expansion and was traded some property with a contaminated tank farm and that the City has been financially impacted by providing public safety services to areas near the airport. Ms. Hill clarified that the Federal Aviation Regulations would allow Broward County to assist the City with payment for services as long as the services substantially benefited the use of the airport. Vice-Mayor Bertino asked whether it would be feasible to place a Special Exception Use for governmental offices in the IROM zoning so that payment could be received in lieu of taxes. City Attorney Ansbro recommended against adding this category as a means of obtaining special payments in the IROM zoning. Commissioner Mikes suggested passing the ordinance tonight and negotiating a special situation to handle the Broward County offices at a later date. Attorney Ansbro agreed to work with Barbara Hill and Broward County. Commissioner Etling pointed out that the City needs to move carefully on accommodating Broward County office use in the IROM area until the financial aspects can be determined and so as not to reduce the City's negotiating position. Laurence Leeds, Growth Management Director, pointed out that he had provided a memo (attached) relating to additional language on nonconforming uses and structures that Attorney Ansbro worked out between Nancy E. Stroud, Weiss, Serota, et al, and with Attorney William Spender, who is representing the Tigertail Industrial site. He recommended that the language be provided in both the IROM and IROC district ordinances. Attorney Ansbro presented and read into the record a revised exhibit representing new language (agreed to by the parties) on Nonconforming Uses and Structures and explained that the numerical % of destruction for "projects" for rebuilding needs to be determined by the City Commission. It was mentioned that the City Code provides 75% destruction on rebuilding single structures and that the City Commission needs to amend the section with a more standard 50% requirement at a later date. Attorney Ansbro read into the record a memo (attached) from Nancy E. Stroud dated August 8th relating to "alteration of structures in a Project in IROM". Commissioner Cali recommended that the four (4) parcels mentioned in Mr. Leed's memo be carved out of the IROM zoning and questioned whether there was a need to include a 5th parcel dealing with a barricade business discussed at the workshop • meeting. Mr. Leeds stated that Mr. David Reich's property is not subject to the IROM zoning and he deferred to City Attorney Ansbro on the procedure for removing or MINUTES CITY OF DANIA BEACH 6 AUGUST 8, 2000 including the four parcels in the IROM zoning. City Attorney Ansbro explained that the • Moratorium would be extended as provided in Item 8.7 if the IROM and IROC zoning ordinances do not pass tonight. The Moratorium could be applied to the four (4) parcels in question if the City-Commission chooses to remove them from the IROM and IROC zoning, or the parcels could be rezoned IROM and IROC with full knowledge that the City would accept applications from the property owners for more focused rezoning. City Attorney Ansbro recommended that the City Commission go forward with the rezonings and scrap the moratorium ordinance based on the fact that including or removing the four parcels would not delay the process for the property owners one way or the other. Commissioner Cali reiterated that discussion at the August 1st Commission workshop meeting involved having staff look at the Stirling Road parcels to see if a retail use zoning classification would be more appropriate for the properties. Commissioner Mikes urged the City Commission to move forward with the rezonings and removal of the moratorium so that the M-zoning could be eliminated and deal with the four parcels later since the City has already absorbed tremendous cost accommodating property owners by negotiating property use and by conducting extensive meetings on the IROM and IROC zonings. Commissioner Etling presented some grammatical changes to the exhibit and discussed amending the IROM ordinance on Page 11, Section 27.60 C(1), second paragraph by ending the sentence regarding frontage setbacks with "but in no case less than 15 feet." After discussion with the City Commission, the change was not made as it was determined that the issue was covered under the variance process. • Mayor McElyea opened the public hearing. Attorney Robert Lochrie, of Ruden, McClusky, et al, 200 East Broward Boulevard, representing Russell Engineering and another property owner impacted by the IROM zoning, requested clarification on what percentage of destruction for"projects" for rebuilding that will be added to the exhibit, a clear definition of"project", and whether or not his client could expect to expand his project. Mr. Lochrie reserved his rights to present evidence and testimony if needed. Attorney David Mankuta, of Atkinson, Diner, et al, 1946 Tyler Street, representing Mr. & Mrs. Jeremiah Kelly, urged the City Commission to carve out the four (4) parcels from the IROM Ordinance, coupled with the moratorium. Attorney Ed Stacker, representing Jim and Sandy Nimitz, Ames Trailer Parts, 2251 Stirling Road, requested that his client's property be excluded from the IROM zoning. Dave Reich, 221 Edgewater Road, questioned whether certain property owned by Broward County Aviation currently zoned residential was also being changed to IROM zoning. Attorney Ansbro advised that only properties with industrial zoning designations were being changed to IROM. Mr. Leeds clarified that Mr. Reich's property is not zoned Industrial land use and is not impacted by the IROM zoning and was never subject to the moratorium. Mr. Reich asked whether lands close to his property that are proposed for annexation by the City would change to IROM zoning once they were annexed. Mr. • Leeds advised that the City would have to deal with County-zoned properties in the future. Mr. Reich thanked the City for working with him so that he could use his property MINUTES CITY OF DANIA BEACH 7 AUGUST 8, 2000 to service, store, and repair automobile, aircraft, truck, motorcycle and recreational • vehicles. Attorney William Spencer, of Ellis, Spencer & Butler, representing Tigertail Industrial Park, owned by Prince Enterprise, urged the City Commission to change the percentage to 65% in regards to the language presented on nonconforming uses and structures and reserved his quasi judicial rights to make further comments on Item 8.4. Attorney Manny Garcia, of Abrams &Anton, P.A., representing Tigertail Warehouse Limited, agreed with the comments presented by Attorney Spencer and urged the inclusion of a 65% limitation in the exhibit. Bobby Fagers explained that he represents James and Eleanor Heaton, owners of Advance Barricades and property located at 2711 SW 36 Street. He requested clarification as to whether his client's barricade business is a permitted use, definition of his client's business and whether outdoor storage was a legal nonconforming use. City Attorney Ansbro agreed to provide a draft memorandum, at the City Commission's direction, outlining the permitted uses and nonconforming uses relating to the four parcels. Mr. Fagers preferred to be carved out of the IROM zoning district but was not opposed to being embraced within the IROM zoning. Jay Field commended the Growth Management and City Attorney staff members for their efforts to change the zoning in the western portion of the City. He supported adoption of the ordinance and urged the City Commission to include the four (4) parcels which were under discussion in the IROM zoning. • Hearing no further comments, Mayor McElyea closed the public hearing. Commissioner Etling recommended a 50% reconstructive threshold and Commissioner Mikes recommended a 65%. City Attorney Ansbro recommended changing line 7 in his Exhibit handout by striking "lawfully" and inserting "nonconforming" and recommended including 65% as a fair number. Commissioner Etling disagreed with adding the word "nonconforming," as property owners' and their representatives' opposition to the use of this terminology had prompted the City Attorney's drafting of the handout paragraph and instead recommended inserting "such" in two places so that the sentence would read "Such uses within a Project may change as to the location of such existing uses within buildings located in the Project as long as the square footage of those respective uses is not increased in its totality within the Project". Vice-Mayor Bertino agreed with 50% and leaving "nonconforming" out; Mayor McElyea agreed with the 65% figure. A motion was made by Commissioner Cali, seconded by Mayor McElyea, after passing the gavel, amending the ordinance with the handout language provided for nonconforming uses and structures as revised by Commissioner Etling, the addition of "65%"in the reconstructive provision, and removing the four (4) parcels (Ames Trailer Parts, Russell Engineering, Headon properties, and JJ Kelly) from the IROM rezoning with continuance of the moratorium. The motion failed on the following 2/3 roll call vote. Commissioner Cali —yes Commissioner Etling-no Commissioner Mikes —no Vice-Mayor Bertino —no • Mayor McElyea-yes MINUTES CITY OF DANIA BEACH 8 AUGUST 8, 2000 A motion was made by Commissioner Mikes, seconded by Commissioner Etling, • amending the ordinance with the handout language provided for nonconforming uses and structures, as revised by Commissioner Etling, the addition of"65W in the reconstructive provision, and leaving the four (4) parcels (Ames Trailer Parts, Russell Engineering, Headon properties, and JJ Kelly) in the IROM rezoning. The motion failed on the following 2/3 roll call vote. Commissioner Cali —no Commissioner Etling-yes Commissioner Mikes —yes Vice-Mayor Bertino —no Mayor McElyea-no A motion was made by Vice-Mayor Bertino, seconded by Commissioner Mikes, amending the ordinance with the handout language provided for nonconforming uses and structures, as revised by Commissioner Etling, the addition of"55W in the reconstructive provision, and leaving the four (4) parcels (Ames Trailer Parts, Russell Engineering, Headon properties, and JJ Kelly) in the IROM zoning. The motion passed on the following 3/2 roll call vote. Commissioner Cali —no Commissioner Etling-yes Commissioner Mikes —yes Vice-Mayor Bertino —yes Mayor McElyea-no After this motion, Item 8.3 was addressed and,due to concerns being registered regarding the 55% figure and further explanation being offered as to how, in other jurisdictions which had been previously mentioned, this threshold figure was calculated, • a motion was made by Vice-Mayor Bertino, seconded by Commissioner Etling, to reconsider Item 8.2. 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 allowed the following public comments under the Commission's reconsideration of the ordinance: Attorney David Mankuta, of Atkinson, Diner, et al, 1946 Tyler Street, representing Mr. & Mrs. Jeremiah Kelly, urged the City Commission to carve out the four (4) parcels from the IROM Ordinance, coupled with the moratorium, so as not to impose a major change on the four property owners. Final approved motion A motion was made by Commissioner Mikes, seconded by Vice-Mayor Bertino, amending the ordinance with the handout language provided for nonconforming uses and structures, as revised by Commissioner Etling, the addition of"65%"in the reconstructive provision, and leaving the four (4) parcels (Ames Trailer Parts, Russell Engineering, Headon properties, and JJ Kelly) in the IROM rezoning and adopting the ordinance as amended. 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 MINUTES CITY OF DANIA BEACH 9 AUGUST 8, 2000 • 8.3 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 28 "ZONING' OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH BY CREATING ARTICLE 30, "INDUSTRIAL-RESEARCH- OFFICE-COMMERCIAL (IROC) DISTRICT", INCLUDING PROVISIONS FOR THE DISTRICT PURPOSE„PERMITTED USES, PROHIBITED USES, SPECIAL EXCEPTION USES, REQUIRED CONDITIONS, AREA REQUIREMENTS AND APPROVAL OF SITE DEVELOPMENT PLAN; RESCINDING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) Mayor McElyea opened the public hearing. Attorney Manny Garcia opposed the 55% reconstructive threshold, stating that he was basing his objection on it causing difficulty in obtaining financing for property owners and he urged the City Commission to correct the amount to 65% as a more compromising stance for the City. City Attorney Ansbro read two standard letters from banking institutions and advised that the City has no obligation to lenders in regards to zoning requirements on property. Attorney William Spencer advised that most large lenders require a "borrowers counsel opinion letter" and agreed that attorneys, not the City, are responsible for obtaining the specifics on zoning requirements for property owners. He mentioned that the 65% reconstructive threshold would be more of a compromise and that Dania Beach is different in regards to calculating the percentage by gross floor area and that he was of the opinion that the City of Hollywood calculates the.reconstructive threshold on value- based loss, which encompasses other ingredients. Mr. Leeds, Growth Management Director, agreed that most cities base the reconstructive threshold on the assessed value of both the buildings and land but he thought it was much easier to calculate by floor area and reminded the City Commission that properties are all different. Vice-Mayor Bertino disagreed with putting the business community at a disadvantage for obtaining financing and asked Mr. Leeds if 65% would be reasonable. Mr. Leeds agreed that 65% would be a reasonable figure and clarified that the Uniweld fire that took place last September was a very unique situation. At this time, since Vice-Mayor Bertino was on the prevailing side, he made a motion to reconsider Item 8.2. (See Item 8.2) After Item 8.2 was revisited, Mayor McElyea opened the public hearing once more on Item 8.3. Hearing no further comments, Mayor McElyea closed the public hearing. A motion was made by Commissioner Mikes, seconded by Commissioner Etling, amending the ordinance with the handout language provided for nonconforming uses and structures, as revised by Commissioner Etling, and with the addition of"65%" in the reconstructive provision and adopting the ordinance as amended. The motion passed on the following 5/0 roll call vote. Commissioner Cali—yes Commissioner Etling-yes MINUTES CITY OF DANIA BEACH 10 AUGUST 8, 2000 Commissioner Mikes —yes Vice-Mayor Bertino —yes • Mayor McElyea-yes 8.4 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE ZONING MAP TO REZONE CERTAIN PROPERTY IN THE CITY OF DANIA BEACH IN CONFORMANCE WITH THE ZONING DESIGNATION OF "INDUSTRIAL-RESEARCH- OFFICE-COMMERCIAL" ("IROC") DESIGNATION; AMENDING THE ZONING MAP TO REZONE CERTAIN PROPERTY IN THE CITY OF DANIA BEACH IN CONFORMANCE WITH THE ZONING DESIGNATION OF "INDUSTRIAL-RESEARCH-OFFICE-MARINE" ("IROM") DESIGNATION; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) Mayor McElyea opened the public hearing. Attorney William Spencer spoke in favor Attorney Manny Garcia spoke in favor. Hearing no further comments, Mayor McElyea closed the public hearing. Commissioner Etling disclosed that he had met with a representative of one of the property owners on the IROC zoning but could not remember the person's name. A motion was made by Commissioner Mikes, seconded by Vice-Mayor Bertino, adopting the ordinance on second reading. 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 8.7 was heard after Item 8.4 8.5 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST BY DAVID S. PEARL SR., OWNER OF "UNIWELD PRODUCTS, INC", FOR PROPERTY LOCATED AT 2850 RAVENSWOOD ROAD, WITHIN THE CITY OF DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM BROWARD COUNTY M-2 INDUSTRIAL TO THE CLASSIFICATION OF CITY OF DANIA BEACH I-G (INDUSTRIAL GENERAL) SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of the ordinance for second reading and advised that Item 8.5 and 8.6 are quasi-judicial hearings. He notified the public that anyone desiring to speak on the items must be sworn in. He then administered the oath to Steve Cissel, Uniweld Products, Inc. Commission disclosures: Commissioner Mikes advised of communications with Mr. • Cissel and an engineer for Uniweld. Commissioner Etling, Commissioner Cali, Vice- MINUTES CITY OF DANIA BEACH 11 AUGUST 8, 2000 Mayor Bertino and Mayor McElyea disclosed discussions with Mr. Cissel and Mr. Pearl • on past and present items. Steve Cissel, 2850 Ravenswood Road, requested approval of the rezoning. Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, Mayor McElyea closed the public hearing. A motion was made by Commissioner Etling, seconded by Commissioner Cali, adopting the ordinance on second reading. 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 8.6 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST BY HENRY GRAHAM, DIRECTOR, LIBERIA ECONOMIC & SOCIAL DEVELOPMENT, INC., (LES) FOR PROPERTY LOCATED AT THE CORNER OF SHERIDAN STREET AND SW 12T" AVENUE, WITHIN THE CITY OF DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION FROM RM-2 (RESIDENTIAL) TO C-2 (COMMERCIAL) USING THE 5% COMMERCIAL FLEXIBILITY RULE, SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) • City Attorney Ansbro read the title of the ordinance for second reading and administered the oath to Henry Graham, LES, Executive Director. Commission Disclosures: Vice-Mayor Bertino advised of discussions with Mr. Graham, Commissioner Cali advised that he had discussions with Mr. Graham and two of his board members, Mayor McElyea advised of discussions months ago. Vice-Mayor Bertino requested clarification from Mr. Leeds on whether the property could be utilized for C-2 commercial zoning without variances due to the configuration of the land. Mr. Leeds was of the opinion that variances would be required. Vice-Mayor Bertino confirmed with Attorney Ansbro that Mr. Graham is aware of the variance requirements. Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, Mayor McElyea closed the public hearing. Commissioner Etling asked Mr. Leeds whether the approval motion should be subject to and in conjunction with the assignment of commercial flex units. It was confirmed that the designation of units is part of the ordinance. A motion was made by Commissioner Cali, seconded by Vice-Mayor Bertino, adopting the ordinance on second reading. The motion passed on the following 5/0 roll call vote: • Commissioner Cali—yes Commissioner Etling-yes MINUTES CITY OF DANIA BEACH 12 AUGUST 8, 2000 Commissioner Mikes —yes Vice-Mayor Bertino —yes Mayor McElyea-yes Item 8.10 was heard after Item 8.6. Item 8.7 was heard after Item 8.4. 8.7 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 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. (SECOND READING) City Attorney Ansbro read the title of the ordinance. Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, Mayor McElyea closed the public hearing. • City Attorney Ansbro advised the Commission that, in order to properly bring closure to the advertised ordinance, a Motion to take definitive action was legally required. A motion was made by Commissioner Etling, seconded by Vice-Mayor Bertino, adopting the ordinance on second reading. The motion failed on the following 1/4 roll call vote. Commissioner Cali —no Commissioner Etling-no Commissioner Mikes —yes Vice-Mayor Bertino —no Mayor McElyea-no 8.8 PL-25-00— Plat request for property located at the SE corner of Bryan Road and NW 1 St Street, Dania Beach. AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE "BRYAN ROAD WAREHOUSE" PLAT, SUCH PROPERTY BEING LOCATED IN THE CITY OF DANIA AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF °BRYAN ROAD WAREHOUSE"; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) Laurence Leeds, Growth Management Director, pointed out the site plan issues outlined in his staff report and recommended approval. • Attorney Ron Mastriana mentioned plans for a water-oriented use for the parcel. MINUTES CITY OF DANIA BEACH 13 AUGUST 8, 2000 • Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, Mayor McElyea closed the public hearing. A motion was made by Commissioner Etling, seconded by Commissioner Cali, adopting the ordinance on second reading. 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 8.9 ZA-008-00 —Appeal by Alan B. Koslow, representing Bukkehave International Corp. from the decision made by the Growth Management Director on July 7, 2000, in which it was determined that a "Vehicle Staging Component" of the proposed office/warehouse use is not permitted as either an "accessory use" or a "special exception use" in the IG zoning district. Appeal is for a 15 acre parcel located between Dania Beach Blvd. and Stirling Road, west of unimproved SW 12th Avenue, in Dania Beach. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE ZONING APPEAL REQUEST SUBMITTED BY ATTORNEY ALAN KOSLOW REPRESENTING BUKKEHAVE INTERNATIONAL CORP, FOR A 15 ACRE PARCEL LOCATED BETWEEN DANIA BEACH BLVD. AND STIRLING RD., WEST OF UNIMPROVED SOUTHWEST 12TH AVE., DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. • City Attorney Ansbro read the title of the resolution. Laurence Leeds, Growth Management Director, explained that the IG zoning district does not allow automotive type uses and explained his recommended 6 conditions outlined in his staff report. He also recommended that the deed restrictions be filed and recorded prior to issuance of any building permits. Mayor McElyea opened the public hearing. Attorney Alan Koslow, Becker& Poliakoff, P.A., representing Bukkehave International Corp ("Bukkehave"), explained his client's plans to acquire, master plan and develop an approximate 15 acre parcel zoned I-G that would serve as the United States Headquarters of Bukkehave. He advised that Bukkehave is a major distributor worldwide and assembler of vehicles. In regards to the conditions, Mr. Koslow requested that Condition (a) and (d) be changed to a 25 foot setback instead of a 50 foot setback and agreed to work with City Attorney Ansbro on the requested deed restrictions. In regards to the fire lane and landscape buffer requested for Dania Beach Boulevard, Attorney Koslow explained that there is an issue on who owns the right-of- way area and he stated that Mr. Bukkehave would purchase the land and use the land for either the fire lane or the landscaping if the land turns out to be privately owned. Mr. Leeds supported the appeal and advised that the zoning code requires a minimum setback of 30 feet. If the fire department requires a 24 foot drive way in the 30 feet, the setback would increase to accommodate the 24 foot driveway plus 10 feet wide • greenbelt so the setback by code would be 34 feet. Mr. Leeds advised that the deed MINUTES CITY OF DANIA BEACH 14 AUGUST 8, 2000 restrictions would not be necessary. He explained that setbacks are measured from the line and that the 50 foot setback was recommended because of the intensity of the use due to, and separation needs for, the abutting residential community. Bill Scott, Miller Construction Company, advised that the surveyor was unable to obtain the referenced "Order of Taking" as referenced on the survey, which is why there is confusion on where the property line begins. Mr. Scott explained that they are concentrating on warehouse use or marina use, but was told that there is a moratorium on marina use. It was noted that there is no moratorium in effect against marina use in the area. Commissioner Cali suggested a crash gate at the northeast corner of the property for the Fire Department vehicles and mentioned the need to encourage a good quality business like Bukkehave to come into the City. Laurence Leeds clarified changes to his staff conditions as follows: strike (a); (b) is modified to include the term "dry stack marina;" (c) accepted; (d) change 50 foot to 30 foot setback area from Dania Beach Boulevard and strike the last sentence; strike (e), (f) accepted. Discussion followed on noise impact to the community. Attorney Koslow advised that operating hours would be 8 a.m. to 5 p.m. Attorney Koslow reported that with the 30 foot setback, it would be 130 feet to the residential property lines on the other side of Dania Beach Boulevard and confirmed that landscaping improvements would be provided and that all other issues would be addressed at site plan approval. Commissioner Etling expressed concern for noise impact based on Mr. Koslow's suggestion that the buildings in the later phases of development of the property would possibly house suppliers to Bakkehave's operation. He asked Mr. Koslow whether Bakkehave would agree to construct the buildings along the northern portion of the property with sound-dampening material, such as concrete, to suppress any possible noises emanating from these buildings into the adjacent residential neighborhood. Vice- Mayor Bertino asked Mr. Koslow if the planned buildings would possibly be erected using a concrete-form type of construction. Mr. Koslow agreed to provide CBS or tilt- wall construction on all northern buildings. Hearing no further comments, Mayor McElyea closed the public hearing. A motion was made by Commissioner Cali, seconded by Vice-Mayor Bertino, adopting Resolution (ZA-008-00) with the following conditions: a) Uses shall be limited to office, warehouse, research, repair, assembly, fabrication and marina and/or enclosed dry stack buildings with no overhead doors on Dania Beach Boulevard side and buildings on north wall will be architecturally acceptable for abutting residential neighborhoods; b) Sales, Leasing, rental, service, repair or storage of automobiles, aircraft, trucks, boats, motorcycle, tractor-trailers, recreational vehicles, construction equipment or mobile homes shall be specifically prohibited; c) . No loading area or parking lot shall be permitted within the 30 foot setback area from Dania Beach Boulevard; MINUTES CITY OF DANIA BEACH 15 AUGUST 8, 2000 d) Vehicular access to Dania Beach Boulevard (including access via SW 121h Avenue to Dania Beach Boulevard) shall be prohibited; e) Recording of deed restrictions prior to the issuance of building permit. 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 10 was heard after item 8.9. Item 8.10 was heard after Item 8.6 8.10 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING EXECUTION OF A RECOGNITION AGREEMENT AMONG BANC OF AMERICA COMMERCIAL FINANCE CORPORATION, HARBOUR TOWNE ASSOCIATES AND THE CITY OF DANIA BEACH IN RELATION TO THE 'HARBOUR TOWNE LEASE AGREEMENT AND ALL OF ITS MODIFICATIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Attorney Elaine Cohen, Weiss, Serota, et al, clarified that the draft in the backup did not include the amended language on page 6, second paragraph, second line after the word "entity" to include "of which the City has knowledge" that was added at the August 3Id workshop meeting. • Commissioner Mikes expressed concerned that any change or implied change to a lease of City property should include an Ordinance presentation and go through a public hearing process in accordance with Charter requirements. He was concerned with the kinds of acknowledgements that the City is making to the lender as outlined in the Recognition.Agreement and it was his opinion that the wording in Section 20 on page 10 makes a significant change to the lease by allowing the Recognition Agreement to prevail over the original lease. Attorney Cohen explained that the lender needs the Recognition Agreement because it provides cure rights that are different from the lease. Vice-Mayor Bertino agreed that Commissioner Mikes is correct in_regards to following Charter procedures. Attorney Ansbro advised that the Charter provides a 4/5 vote to approve leases with terms in excess of 20 years but no public hearing or ordinance is required. On leases less than 20 years, it requires an ordinance with two hearings (one of which is a public hearing). Attorney Ansbro was of the opinion that the Recognition Agreement does not amend the lease but agreed that the public hearing process could be followed. Commissioner Mikes requested that City Attorney Ansbro research the Charter section because he did not believe that it was the intention to eliminate the ordinance and public hearing process on leases over 20 years. MINUTES CITY OF DANIA BEACH 16 AUGUST 8, 2000 Attorney Cohen clarified that the Recognition Agreement changes the rights of the • lender for Harbour Towne Marina but does not change the rights between the City and the tenant. Jon Chasen, Attorney for Harbour Towne Marina, mentioned his attendance at the August 3Id workshop and thought that all concerns had been discussed. He clarified that the Recognition Agreement presented tonight is substantively identical to a previous Recognition Agreements that are already signed by the City and recorded against the property. Attorney Chasen disagreed that there are any adverse changes in the lease with this Recognition Agreement and stated that the lender is simply requesting that the City confirm that there is no default under the lease so that the lender has an opportunity to cure any future default. Commissioner Mikes asked for a legal review of the lease section of the Charter and requested that an amendment be brought back, if necessary, at the next regular meeting requiring an ordinance and public hearing for leases of City property over 20 years. In regards to timing, Attorney Chasen advised that delays are costing Harbour Towne many thousands of dollars and also restricts Harbour Towne from buying out Southeast Bank, who is technically the tenant under the current lease. In addition, Mr. Chasen advised that delays also restrict Habour Towne from working with the City on making some amendments to the lease that have been discussed and clarified that any amendments would be presented in public hearing format. Attorney Cohen pointed out that there is a provision in the current Recognition • Agreement, to which the City is already bound, allowing the lender to hold the proceeds of the insurance policy and administer payment under the terms of the mortgage. Attorney Cohen was concerned about the distribution of proceeds under the lease if there were some type of casualty. She reminded the City Commission that they approved an Assignment in February 2000 from Southeast Bank to Harbour Towne, which has not been fully executed because of the need for a new Recognition Agreement. Attorney Cohen pointed out that under the terms of current existing Recognition Agreement, the City cannot consent to any amendments or modifications to the lease without the consent of the lender and that the new agreement places the City in a better position. Commissioner Mikes asked that the qualifying language be included in Section 20 of the Recognition Agreement that would outline how far the section can be applied. Further discussion followed on past problems between Harbour Towne and David Graham. A motion was made by Commissioner Mikes, seconded by Vice-Mayor Bertino, continuing Item 8.10 for presentation as an Ordinance for first reading August 22nd and advertised public hearing for second reading September 12th. 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 8.1 was heard after Item 8.10. MINUTES CITY OF DANIA BEACH 17 AUGUST 8, 2000 9. CITIZENS' COMMENTS: NONE • 10. COMMISSION COMMENTS 10.1 Commissioner Cali commented: Commissioner Cali advised that on Saturday, August 12, from 6:00 p.m. to 10:00 p.m. Cruise Night at Dania Beach. On August 22, Commissioner Cali will be attending a FICPA (Florida Institute of Certified Public Accountants) conference dealing with governmental accounting (GASB 34) and he informed the City Commission that he would not be attending the regular meeting. Commissioner Cali urged the public to contact their congressman and senators to express opposition to President Clinton's actions to veto the repeal of the marriage penalty tax. 10.2 Commissioner Etling advised that all day Saturday, August 12 and Sunday, August 13, Main Street will be hosting an Antique Show at the I. T. Parker Community Center. 10.3 Commissioner Mikes stressed the need to revise the section of the Code regarding leasing city property and urged staff to create a tree program in the City. Commissioner Mikes commended everyone who was involved in organizing the • Drug Fighting convention held recently in the City of Dania Beach with the Turn Around America/Dania Beach groups and he commented on the positive community response from the marches. 10.4 Vice-Mayor Bertino agreed that the drug fighting convention with the Turn Around America/Dania Beach group was a success. Vice-Mayor Bertino requested that City Manager Smith contact Comcast Cable to ensure that the cable connection is repaired so that regular commission meetings can be aired live for Dania Beach residents. 10.5 Mayor McElyea agreed that the drug fighting convention was a success. City Manager Smith reported that FPL has finished their part on the light poles between SE 7th Street/SE Td Street and that Comcast Cable is still working on their part. -Mayor McElyea mentioned the noise impact to residents from the pump at Meadowbrook Lakes Condominium and plans to replace the pump when the new pump is received. 11. DISCUSSION AND POSSIBLE ACTION (continued from 7/25/2000 regular meeting) • 11.1 Discussion of possible City program for HUD required tenant service. (Commissioner Mikes) MINUTES CITY OF DANIA BEACH 18 AUGUST 8, 2000 • Commissioner Mikes suggested that the City may be able to use some of the services from the HUD required tenant service program. City Manager Smith advised that the City may have a number of activities that could qualify for community service hours and that individual skills have to be assessed in order to assign work. Commissioner Cali advised that HUD has not provided housing authorities with the guidelines to follow for implementation of the program and recording of the community service hours. He suggested that staff request a copy of the HUD guidelines to see if there are any projects that qualify. (continued from 7/25/2000 regular meeting) 11.2 Discussion of establishing City Commission policy on method of accepting Public comments and testimony during public hearings. Commissioner Mikes suggested using a standardized procedure for allowing mixed public comments under the public hearing section of the agenda by allowing persons to speak "for" or "against" an item at any time during an issue, rather than separating the "in favor of and "in opposition to" segments of the public hearing phase, so that no one gets a perceived advantage. Mayor McElyea agreed that is would be a good idea. In addition, he suggested that the City obtain information from other cities on formalizing quasi-judicial rules. A motion was made by Commissioner Mikes, seconded by Commissioner Etling, • extending the meeting past 12:00 midnight. The motion passed with Commissioner Cali and Vice-Mayor Bertino voting no. (continued from 7/25/2000 regular meeting) 11.3 Discussion of City Charter changes. (Commissioner Mikes) Commissioner Mikes mentioned his proposal that failed a few weeks ago regarding shortening commission terms and running for seats. He stated his intention of bringing the issue back on a petition basis: He mentioned plans by other cities on restricting candidates from receiving campaign funds from certain contributors and the amounts that can be received, which would be in addition to the state requirements. City Attorney Ansbro advised that he has researched the law as requested by Commissioner Mikes and would be providing him with the information. Commissioner Mikes stressed the need to find ways to include clean money in public office, which is why he supports raises for City Commissioners. He also mentioned that money from special interest groups should be restricted. He advised the City Commission that he is planning on bringing back a proposed Charter change in the near future in connection with this matter. Vice-Mayor Bertino cautioned Commissioner Mikes on taking actions to tighten up campaign funds to the point that wealthy people could use their own funds and, thereby, restricting the average person from running for office. Commissioner Mikes pointed out the need for the public to understand that it is very important to pay elected officials a • decent salary so that candidates will focus on doing a good job and not so much on promoting funding for their campaign accounts. MINUTES CITY OF DANIA BEACH 19 AUGUST 8, 2000 • 11.4 Discussion of School Nurse Program. (Commissioner Mikes) Commissioner Mikes mentioned that school nurses used to be provided in Dania Beach schools and that he has been contacted by a group who is trying to get cities to contribute a portion of the cost to provide nurses at public schools. Commissioner Cali mentioned a recent discussion with Carol Andrews, School Board Member District 1, regarding providing school nurses and advised that the Broward County School Board is proposing a match with cities in next year's budget to provide such a program. Commissioner Cali advised that it is anticipated to cost $40,000.00 a year for one school nurse and he thought that the one nurse could rotate between the schools (Collins Elementary, Dania Elementary and Olsen Middle). Commissioner Cali also suggested the possibility of getting money from Hollywood to split the cost for a nurse at Olsen Middle School, which would reduce Dania Beach's costs. City Manager Smith agreed that everyone supports the health of children, but pointed out that the Broward County School Board's millage rate is higher than the City's and that the City is already funding a school crossing guard program that should realistically be funded by the School Board. Discussion followed on the Call Report provided by the Fire Department showing a low number of needed responses to the schools. City Manager Smith suggested the idea of contacting Memorial Hospital to see if they might want to get involved in a nursing program. • The City Commission generally agreed to have City Manager Smith obtain more information from Carol Andrews, School Board, Memorial Hospital and the City of Hollywood on providing a nursing program. 12. APPOINTMENTS 12.1 Appointment of 3 members to the Airport Advisory Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENTS OF THREE (3) MEMBERS TO THE "AIRPORT ADVISORY BOARD;" PROVIDING THAT SAID MEMBERS SHALL SERVE TWO (2) YEAR TERMS EXPIRING 12:00 NOON, MARCH 20, 2001; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." Mayor McElyea appointed Zackery Adams, 833 Argonaut Isle. A motion was made by Commissioner Etling, seconded by Vice-Mayor Bertino, adopting a resolution approving appointment of Zackery Adams to the Airport Advisory 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 • 12.2 Appointment of 2 members to Human Relations Board. — No appointments were submitted. MINUTES CITY OF DANIA BEACH 20 AUGUST 8, 2000 12.3 Appointment of 1 member to the Marine Advisory Board.- No appointments • were submitted. 12.4 Appointment of 2 members to the Occupational License Review Advisory Board. — no appointments 12.5 Appointment of 4 members to Parks, Recreation and Community Affairs Advisory Board. No appointments were submitted. 12.6 Appointment by Commission of one (1) Alternate for citizen member to the Civil Service Board. No appointments were submitted. 13. ADMINISTRATIVE REPORTS 13.1 City Manager Smith reported that the beach was closed today due to an oil slick off the coast and that the beach is expected to be closed until the conclusion of the investigation with various governmental agencies. He expected the City to recoup some of the costs for services once a determination has been made as to what caused the oil slick. 13.2 City Attorney Ansbro requested an Attorney/Client session on August 22"d at 7:00 p.m. to discuss the Martin Konschnik and Florence Konschnik vs. The City of Dania Beach, Florida, Case No. 00-618 (07), pending in the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, Florida. 14. ADJOURNMENT A motion was made by Commissioner Cali, seconded by Commissioner Etling, adjourning the meeting at 12:20 a.m., August 9tn MAYOR- OM ION ER ACTING dTY CLERK Respectfully submitted: Charlene Johnson Deputy City Clerk MINUTES APPROVED BY CITY COMMISSION: AUGUST 22, 2000 • MINUTES CITY OF DANIA BEACH 21 AUGUST 8, 2000