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HomeMy WebLinkAboutNULL (551) MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, APRIL 25, 2006 — 7:00 P.M. 1. Call to Order Mayor Flury called the meeting to order at 7:03 p.m. 2. Invocation and Pledge of Alle fiance Pastor Robert Sands, Griffin Road Baptist Church, gave the Invocation followed by the Pledge of Allegiance to the United States Flag. 3. Roll Call Present: Mayor: Patricia Flury Commissioners: John Bertino Anne Castro C.K. McElyea City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson Absent: Vice-Mayor: Bob Anton Commissioner Castro motioned to excuse the absence of Vice-Mayor Anton; seconded by Commissioner Bertino. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Commissioner McElyea Yes Commissioner Castro Yes Mayor Flury Yes 4. Presentations and Special Event Approvals There were no presentations at this meeting. 5. Proclamations There were no proclamations at this meeting. 6. Citizen Comments Kurt Ely, Chairman of the I.T. Parker Advisory Board, requested a fee waiver for the Collins Elementary School Award Banquet. Lincoln Pasteur, Principal of Collins Elementary, advised this would be the first Academic Banquet for Collins Elementary. The banquet will reward the students who have done their best this year. The event would be on Friday, May 19, 2006. Commissioner Bertino motioned to approve the fee waiver at I.T. Parker Community Center for Collins Elementary School; seconded by Commissioner McElyea. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Commissioner McElyea Yes Commissioner Castro Yes Mayor Flury Yes Lisa Young, Chairman, and Marie Letzer, Vice-Chairman of Relay for Life, thanked the Commission and City Staff for supporting Relay for Life. Ms. Young advised their personal goal was to raise $100,000. They have raised $80,000 and hope to reach their goal by May loth, when they wrap up the event. She further invited everyone to attend the Awards Banquet which will be held at Frost Park on May 10, 2006 at 6:30 p.m. George Jason, 4549 SW 371h Avenue, congratulated the City and everyone involved in Relay for Life. He commented the Neighborhood Improvements Advisory Board would have its final meeting tomorrow night in the Conference Room at City Hall. The Board will compile all the information they have accumulated and present it to the Commission for a decision on how the funds will be allocated. Pat Tyra, 2912 SW 541h Avenue, Estates of Ft. Lauderdale, commended City Manager Pato for the Solid Waste Collection Pamphlet that was produced by the City. She cautioned the Commission that the Estates of Ft. Lauderdale are not covered by Waste Management, and City staff should be careful on how the pamphlet is distributed, since it may be confusing for some of the residents in their community. Secondly, Ms. Tyra was impressed that there was no information on the cost of the publication on the pamphlet, and as a taxpayer, she thought it would be helpful to have this information in future booklets. Ms. Tyra further commented on the Permits for temporary storage units (POD's) and the proposed $50 processing fee that would be charged by the Community Development Department. She suggested this fee be waived or reduced during disasters. Ms. Tyra also commented on Item #7.6 on the Agenda, the Resolution approving an agreement with Clear Channel Outdoor for bus shelters to be installed within the City; she would like the Estates of Ft. Lauderdale to be considered as one of the locations for the bus shelters, if they have not yet been included. Clare Vickery, 49 N. Federal Highway, mentioned her group of volunteers has been meeting weekly for the event planned for June 2-4. Purvis Young, a well-known artist, would be participating in the Art & Antique Festival. They are also working with the Chamber of Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,April 25,2006—7:00 p.m. Commerce on the event and the proceeds will benefit the City of Dania Beach, the City's Public Arts Fund and the Broward Partnership for the Homeless. Commissioner Castro commented there are 50 artists who have confirmed their participation at the Show. She noted that Purvis Young is a great artist and his presence at the event would attract a lot of people from outside Dania Beach. Commissioner Castro further mentioned that Purvis Young's work is available on line. The event organizers are presently looking for food vendors and they are hoping the community will be supportive and get involved, because it is good for the City. 7. Consent Agenda Items removed from Consent Agenda: #7.4, #7.6, and#7.7 7.1 Minutes: Approve minutes of Strategic Planning Session of March 30, 2006 Approve minutes of Regular City Commission meeting of April 11, 2006 7.2 Travel Requests: Request of City Clerk Louise Stilson to attend the 2006 Florida Association of City Clerks Annual Conference in Tampa Florida, on June 25-28, 2006, for certification purposes. (Estimated cost$845.10 -Remaining fund balance $1,246.90) Resolutions 7.3 RESOLUTION #2006-072 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXTEND THE TERM OF THE AGREEMENT EXISTING BETWEEN LIMOUSINES OF SOUTH FLORIDA, INC. AND THE CITY OF DANIA BEACH FOR PUBLIC TRANSPORTATION SERVICES; PROVIDING THAT THE SERVICES SHALL NOT EXCEED $123,760.00; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.4 RESOLUTION#2006-068 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AMENDMENT TO AN AGREEMENT EXISTING BETWEEN THE CITY OF DANIA BEACH AND ROBERT MCDONALD AND ASSOCIATES, P.A., DATED APRIL 20, 1999, TO REVISE ARCHITECTURAL AND CONSULTING COSTS RELATING TO CONSTRUCTION OF THE CITY OF DANIA BEACH PUBLIC SAFETY FACILITY(FIRE-RESCUE STATION 93), TO REFLECT INCREASES IN FEES AND EXPENSES; PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2006-068. Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,April 25,2006—7:00 p.m. Commissioner Bertino pointed out this is the first of many cost increases for projects in the City. He wanted the Commission to be aware that we were going to see heavy increases above what we originally planned in many of our long term projects. Commissioner Bertino motioned to approve Resolution #2006-068; seconded by Commissioner Castro. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Commissioner McElyea Yes Commissioner Castro Yes Mayor Flury Yes 7.5 RESOLUTION #2006-071 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A WORK AUTHORIZATION FOR METRIC ENGINEERING, INC. IN THE AMOUNT OF $19,855.00 FOR THE DANIA BEACH BLVD. WATER MAIN DESIGN COMPLETION AND SANITARY SEWER FORCE MAIN DESIGN; PROVIDING FOR FUNDING; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE AGREEMENT; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION #2006-077 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH CLEAR CHANNEL OUTDOOR, INC., A DELAWARE CORPORATION, REGISTERED IN FLORIDA AS CC OUTDOOR, INC., AND DOING BUSINESS IN FLORIDA AS CLEAR CHANNEL OUTDOOR, A FLORIDA CORPORATION, PERTAINING TO BUS SHELTERS TO BE INSTALLED AND MAINTAINED BY THE COMPANY AT BUS TRANSIT LOCATIONS WITHIN THE CITY; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution 42006-077. Mayor Flury thought a ten year contract was too long and would like to reconsider the term of the contract. Mayor Flury also commented that the bus shelter picture shows the Dania Beach logo on the side. She thought this was misleading because they would be placing advertisements instead. Commissioner McElyea agreed with Mayor Flury. City Attorney Ansbro noted a representative from Clear Channel was present and could address the question of the contract term. With regards to the advertisement on the bus shelter, City Attorney Ansbro commented that Clear Channel offered to put whatever message the City wants, whenever they do not have anything to advertise. Kathy Rutter, representing Clear Channel, advised they invest a lot of money in these units and they intend to honor their contract by installing and maintaining the bus shelters in a timely manner. They would prefer to keep the ten year contract with a five year renewal. Ms. Rutter further remarked there is a clause in the contract stating that if they are not performing well, they can be asked to leave. Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,April 25,2006—7:00 p.m. In response to Mayor Flury's question, City Attorney Ansbro noted he had checked with other cities and they confirmed they are satisfied with the way Clear Channel takes care of their shelters. Ms. Rutter clarified for the record, that they pay a yearly franchise fee to the City of$650.00 per shelter, with a 3% CPI increase. Mayor Flury did not question the money, but disagreed with a ten year contract. Commissioner McElyea was aware of the company's investment, however he thought five years was sufficient. Commissioner Bertino commented investment is part of doing business. He thought that if they were doing a good job, the City would have no problem renewing the contract. He would like the 3% CPI increase to be changed to a 3% floor and be in conjunction with the CPI. Ms. Rutter agreed to the five year term contract, with three five year renewals, based on performance. Mayor Flury would like the bus shelters placed near school bus locations. Commissioner Bertino motioned to approve Resolution #2006-077, with three five year renewals and CPI adjustment; seconded by Commissioner Castro. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Commissioner McElyea Yes Commissioner Castro Yes Mayor Flury Yes 7.7 RESOLUTION #2006-078 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, ESTABLISHING MONTHLY DOCK RENTAL RATES AT THE DANIA BEACH MARINA FOR ALL NEW LEASES;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2006-078. Mayor Flury questioned the percentage increase on monthly dock rentals. City Manager Pato responded it is a 25% increase. Mayor Flury believes this is okay for the regular docks, but too low for the floating docks. She would like the floating docks raised to $225. Mayor Flury remarked that these rates would only apply to newly rented docks. City Manager Pato agreed to raise the floating docks rate to $225.00. Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday,April 25,2006—7:00 p.m. Commissioner Bertino reaffirmed Mayor Flury's previous suggestion that in order to run the Marina properly, we should hire a professional dock master who would introduce new concepts to make the dockage worth what it is. Commissioner Castro motioned to approve Resolution #2006-078, with change to the floating dock rental rate; seconded by Commissioner Bertino. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Commissioner McElyea Yes Commissioner Castro Yes Mayor Flury Yes Ordinances (Titles read by City Attorney) 7.8 ODINANCE #2006-015 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA CREATING ARTICLE IX OF CHAPTER 17, WHICH CHAPTER IS ENTITLED "OFFENSES-MISCELLANEOUS" OF THE CITY CODE OF ORDINANCES, SUCH ARTICLE TO BE ENTITLED "ON SITE SHOPPING CART RETENTION SYSTEM- REQUIRED", TO REQUIRE ANY BUSINESS THAT USES TWENTY OR MORE SHOPPING CARTS AT A BUSINESS LOCATION TO INSTALL AND MAINTAIN AN ON-SITE SHOPPING CART RETENTION SYSTEM;PROVIDING FOR CONFLICTS;PROVIDING FOR SEVERABILITY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.9 ORDINANCE#2006-016 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES RELATING TO PARTICIPATION IN GROUP INSURANCE, TO PROVIDE THAT THE CITY WILL PAY HEALTH INSURANCE PREMIUMS OF FEDERALLY REQUIRED "COBRA" COVERAGE ON BEHALF OF SURVIVING MEMBER BENEFICIARIES OF A DECEASED GENERAL EMPLOYEE FOR A MAXIMUM OF SIX MONTHS AFTER THE DATE OF DEATH OF A RETIREE; FURTHER, AMENDING SECTION 18-29.1 TO CLARIFY CODE PROVISIONS APPLICABLE TO FUTURE ELECTED OFFICIALS AND THEIR PARTICIPATION IN THE FLORIDA RETIREMENT SYSTEM; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Commissioner Castro motioned to approve the Consent Agenda, with the exception of Items #7.4, #7.6, and #7.7; seconded by Commissioner Bertino. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Commissioner McElyea Yes Commissioner Castro Yes Mayor Flury Yes 8. Bids and Requests for Proposals 8.1 RESOLUTION #2006-073 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH COASTAL CONTRACTING INC. FOR CONSTRUCTION OF THE P.J. MELI PARK RECREATION CENTER IN AN Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,April 25,2006—7:00 p.m. AMOUNT NOT TO EXCEED $407,324.00; PROVIDING FOR CONFLICTS; PROVIDING FOR FUNDING, FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2006-073. Kristen Jones, Director of Parks and Recreation, advised Coastal Contracting was the only bid received for the project, although two other companies visited the site. They contacted her at a later date to comment that the project was too small. Director Jones further clarified that Public Services would do a lot of the demolition and hauling in order to save money. Commissioner Bertino was disappointed to see only one bid received for this project when we have so many local companies who could do the work. Commissioner McElyea agreed with Commissioner Bertino. Commissioner Bertino asked how many jobs Coastal Contracting had in the City of Dania Beach. Director Jones responded approximately 8 or 9. Commissioner Bertino motioned to reject the bid and re-bid the project; seconded by Commissioner McElyea. City Manager Pato felt we would be wasting our time if we re-bid the project. The price has already increased by $80,000. He noted that a $400,000 project in today's market is considered small, and any delays at this point would be costly. City Manager Pato asked the Commission if they would like to recommend any qualified company who would be willing to do the job. Commissioner Bertino noted that the lack of competition in the market was a bad situation for the taxpayers. Commissioner Castro thought we were dancing around the issue. She does not want to delay the project. She further noted that if there is a problem with the bid system, we should try to fix it. Commissioner Castro asked City Manager Pato to establish a committee, including Commissioners and staff members involved, to review the bids which had already been awarded, and contact the unsuccessful companies to see what the problem was. Lastly, she cautioned not to make careless accusations towards one another since that was inappropriate and would not help the City move forward. Mayor Flury mentioned she always reviews the bid packets and she thinks they are pretty standard. Coastal Contracting has received a lot of projects, but it is incumbent of anyone who is in the business to check the newspaper every day. She has heard contractors comment that they were unaware of current projects, however, it is not our responsibility to notify them. Mayor Flury would like to see us move forward with this bid. She requested that a bid sheet be included in the agenda packet whenever a bid is awarded. She suggested inviting a Commissioner to the next pre-bid conference. Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,April 25,2006—7:00 p.m. Dominic Orlando, Director of Public Services, commented that people are not bidding because they know the budget. He added that Coastal Contracting is familiar with our budget and makes suggestions in order to reduce some of the costs. Coastal Contracting is concentrating on Dania Beach and cities adjacent to Dania Beach so they do not have to drive all over the State. City Manager Pato admitted it was his responsibility not to have the sheets included in the agenda packet. He would make sure they are always attached to future bid items. He added that any Commissioner is welcome to sit in on bids. City Manager Pato further commented that the City has made extraordinary efforts to attract contractors, but these are difficult times and contractors are not always interested in small projects. Commissioner Bertino realized prices are going up, but he wanted to have this dialogue and hear what the other Commissioners had to say. He suggested putting together some of the small projects to make one bigger project, in order to encourage companies to bid on them. Commissioner Bertino withdrew his motion. Commissioner Castro commented we are reaching out to contractors, the bids are posted on the City's Website, and people can sign up if they want to be notified when a bid is advertised. She agreed with Mayor Flury that we should try to fix the process, not the outcome. Commissioner Bertino motioned to approve Resolution #2006-073; seconded by Commissioner Castro. The motion carried on the following 3-1 Roll Call vote: Commissioner Bertino Yes Commissioner McElyea No Commissioner Castro Yes Mayor Flury Yes 8.2 RESOLUTION #2006-074 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE AWARD OF BID FOR THE GROUND STORAGE WATER TANK AND HIGH SERVICE PUMP STATION PROJECT USING STATE REVOLVING FUNDS; AUTHORIZING THE AWARD OF BID TO GLOBETEC CONSTRUCTION, INC. IN THE AMOUNT OF $3,470,025.00; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE AGREEMENT; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2006-074. He advised that the bid protest from John J. Kirlin, Inc. needed to be heard prior to adopting the resolution to award the contract to GlobeTec. City Manager Pato noted that the bid sheet that the Mayor referred to on the previous item is included on page 2 of the bid package for this project. If the Commission agrees, this would be the form to be used for future bids. Dominic Orlando, Director of Public Services, advised four bids were received, but only three were opened because the fourth bidder did not attend the mandatory pre-bid meeting. Camp, Dresser& McKee, the Consultants for this project,recommended awarding the bid to GlobeTec. Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,April 25,2006—7:00 p.m. Ralf Rodriguez, of the Law Firm Peckar & Abramson, presented the bid protest to the Commission. Melinda Gentile, Attorney, Peckar & Abramson, representing John J. Kirlin, Inc., bidder on the project, noted the advertisement for bid indicated the documents could be picked up from Camp, Dresser and McKee and the bid opening would be February 17, 2006. There was no indication of a mandatory pre-bid meeting. Camp, Dresser & McKee did not advise John J. Kirlin, Inc. of the meeting when they picked up the bid documents on January 26 at 5:00 p.m. She asked that Kirlin's bid be accepted by the City. Ms. Gentile suggested the Commission waive the fact that Kirlin did not attend the mandatory pre-bid meeting, since that was a minor irregularity and it did not adversely impact the interests of the City. She stated Kirlin was the lowest bidder and should be awarded the contract. Finally, Ms. Gentile requested the Commission to reject all bids and re- bid the project. City Attorney Ansbro commended the attorneys representing John J. Kirlin, Inc., for their presentation. He noted we have not always required presence at mandatory pre-bid meetings, but in this particular project, the Director of Public Services thought it was important for prospective bidders to visit the site and ask any questions they might have. Director Orlando wanted appearance at the pre-bid meeting because they would tour the site. It is unfortunate that they did not pick up their packet in time to know of the meeting. Mr. Orlando further noted that the other bidders picked up their packets in a timely manner. Attorney Gentile indicated the Invitation to Bid provided instructions for purchasing the Bid documents from Camp, Dresser & McKee, but did not set a deadline for doing so. Commissioner Bertino thought that in the interest of fairness, if we received their bid, and it was sealed, and we still have it, there was no reason not to accept the bid. City Attorney Ansbro noted that if we do that, three other bidders would protest. He would advise rejecting all bids and starting the entire bidding process again. Commissioner Bertino commented we have timelines and cannot afford the additional time. Mayor Flury remarked people need to be treated fairly and equally and everyone has to abide by the rules. Mayor Flury clarified for the record that this was probably one of the most important ongoing projects the City has. It is not a small project and we have been working on this for more than three years, and we need to move forward. City Manager Pato asked Attorney Gentile which J.J. Kirlin, Inc. representative said that they spoke with him. He further advised, for the record, that he never spoke to anyone at this company. Attorney Gentile responded it was Homer Gregorian, Vice-President of J.J. Kirlin, Inc., and he was present to confirm this allegation. Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,April 25,2006—7:00 p.m. Mr. Gregorian confirmed he never spoke to the City Manager. Attorney Gentile acknowledged Commissioner Castro's concern and agreed it was important to attend the pre-bid meeting, but only if all bidders are afforded equal and fair opportunity to compete. Commissioner Castro was concerned that J.J. Kirlin's bid would not be accurate, because of the fact that they did not attend the pre-bid meeting. Director Orlando pointed out the importance of attending the pre-bid meeting. He further mentioned the interested parties toured the entire site and some of the contractors brought things to his attention during the tour. He did not think someone who did not attend the meeting could make a recommendation. City Attorney Ansbro recommended rejecting John J. Kirlin's bid. He reaffirmed his previous comments on the professionalism of the attorneys representing J.J. Kirlin, Inc., but thought failure to attend the mandatory pre-bid meeting should not be considered a "minor irregularity". He would prefer to re-bid rather than accept Kirlin's bid. City Attorney Ansbro suggested waiting until Vice-Mayor Anton was present in order to obtain a full Commission vote. Attorney Ralf Rodriguez, Peckar & Abramson, noted this action was not right and added that it was the integrity of the bidding process that was at issue in this case and the City should protect the system. He asked why the pre-bid meeting was not noticed on the Website. Commissioner Castro disagreed. She thought that if four packages were picked up and three bidders attended the meeting, J.J. Kirlin, Inc. did not get a differentiated treatment than the other bidders. Commissioner Bertino noted the pre-bid meeting should have been 2-3 days after the deadline to pick up the packet; not the day before the meeting. The problem is with us, or the company that handled the bid package. He asked Director Orlando if the project could be re-bid in two weeks. Both Director Orlando and City Attorney Ansbro concurred that the re-bidding process would take six to eight weeks. Mayor Flury agreed with Commissioner Castro that three companies managed to do it right and unfortunately one company was late. She thought the discussion could be lengthy. Mayor Flury asked the Commission if they would like to consider continuing this item to the next meeting, when there would be a full Commission. Commissioner Castro motioned to continue Resolution #2006-074. The motion died for lack of a second. City Attorney Ansbro clarified that the pre-bid meeting information is not normally included in the advertisements. We have done it in the last two projects because of this incident. Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,April 25,2006—7:00 p.m. City Manager Pato asked Director Orlando to comment on consequences of delaying this project. Director Orlando advised we would not meet the schedule and it could delay the project. Mayor Flury thought it was the City Commission's responsibility to make a decision. Commissioner Castro agreed with City Attorney Ansbro. The Commission had the option to accept the bid as proposed by the Bid Committee, avoiding the delay and the extra costs. Commissioner Castro motioned to approve Resolution #2006-074; seconded by Mayor Flury, who passed the gavel to Commissioner Bertino. The motion was defeated on the following 2-2 Roll Call vote: Commissioner Bertino No Commissioner McElyea No Commissioner Castro Yes Mayor Flury Yes Commissioner Bertino advised he would probably change his vote because we have to get moving. The critical thing is to get construction started, since there are projects waiting for the water, and we cannot afford to waste more time. Commissioner Bertino motioned to approve Resolution #2006-074; seconded by Commissioner Castro. The motion carried on the following 3-1 Roll Call vote: Commissioner Bertino Yes Commissioner McElyea No Commissioner Castro Yes Mayor Flury Yes 8.3 RESOLUTION #2006-070 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A WORK AUTHORIZATION FOR CAMP, DRESSER AND MCKEE IN THE AMOUNT OF $235,800 FOR SERVICES DURING CONSTRUCTION RELATED TO THE GROUND STORAGE TANK AND HIGH SERVICE PUMP STATION PROJECT; USING STATE REVOLVING FUNDS; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE AGREEMENT; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2006-070. Commissioner Castro motioned to approve Resolution #2006-070; seconded by Commissioner Bertino. The motion carried on the following 3-1 Roll Call vote: Commissioner Bertino Yes Commissioner McElyea No Commissioner Castro Yes Mayor Flury Yes Mayor Flury recognized some students from South Broward High School in the audience. She thanked them for attending the meeting and hoped they would learn good things from these meetings. Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday,April 25,2006—7:00 p.m. 9. Public Hearings and Site Plans 9.1 ORDINANCE#2006-009 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA PERTAINING TO ZONING; AMENDING CHAPTER 28, "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA TO CREATE SECTION 10-15 OF CHAPTER 28, SUCH SECTION TO BE ENTITLED "ADMINISTRATIVE VARIANCE PROCEDURES; PROVIDING A PROCEDURE FOR THE GRANTING OF MINIMAL VARIANCES FOR ZONING REQUIREMENTS APPLICABLE TO SINGLE-FAMILY HOMES EXISTING COMMERCIAL, INDUSTRIAL OR,OFFICE BUILDINGS CONTAINING 50,000 SQUARE FEET OR LESS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2006-009. Laurence Leeds, Director of Community Development, stated this amendment was requested by Vice-Mayor Anton to provide relief to persons applying for variances. This applies to minimal variances with notices to adjoining property owners within 150 feet. This will be less expensive, less time consuming, and would allow the variances to be processed administratively. Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Commissioner McElyea motioned to adopt Ordinance #2006-009, on second reading; seconded by Commissioner Bertino. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Commissioner McElyea Yes Commissioner Castro Yes Mayor Flury Yes 9.2 ORDINANCE#2006-010 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING OF PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF SW 25TH TERRACE AND SW 45TH STREET, 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 RI-C (SINGLE FAMILY RESIDENTIAL), TO RS-6000 (SINGLE FAMILY RESIDENTIAL); SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance#2006-010. Corinne Church, AICP, Principal Planner, advised this application is for a rezoning of the property known as "Dania Cove". On March 22, 2005, the Commission approved a land use change at Broward County's request, from Low (5) Residential to Recreation and Open Space. The County transferred title to the City for use as a park. They have now requested that we change the zoning from Single Family Residential (R-1C) to Open Space (OS). Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,April 25,2006—7:00 p.m. Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Commissioner Bertino motioned to adopt Ordinance #2006-010, on second reading; seconded by Commissioner Castro. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Commissioner McElyea Yes Commissioner Castro Yes Mayor Flury Yes 9.3 ORDINANCE #2006-011 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY GARY BLOOM, P.E. REPRESENTING BRAUSER MAIMONIDES ACADEMY, FOR THE "MAIMONIDES DAY SCHOOL CAMPUS TWO" PLAT, SUCH PROPERTY BEING LOCATED AT 5300 SW 40TH AVENUE, IN THE CITY OF DANIA BEACH 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 THE "MAIMONIDES DAY SCHOOL CAMPUS TWO" PLAT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2006-011. Gary G. Bloom, P.E., representing the applicant was available to answer questions. Corinne Church, AICP, Principal Planner, advised the applicant is requesting a plat approval to allow the future expansion of the existing school. Staff recommended approval. Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Commissioner Castro motioned to adopt Ordinance #2006-011, on second reading; seconded by Commissioner Bertino. The motion carried on the following 4-0 Moll Call vote: Commissioner Bertino Yes Commissioner McElyea Yes Commissioner Castro Yes Mayor Flury Yes City Attorney Ansbro advised Item #9.4 was a quasi-judicial matter and swore-in all who would speak. He asked the Commission to disclose any communication they had on this subject. Commissioner Bertino indicated he had communication on this matter. 9.4 RESOLUTION #2006-075 A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE PARKING VARIANCE REQUEST SUBMITTED BY ERIC TERZIAN, APPLICANT REPRESENTING CHARLES AND FRANCESKA AKIBA, PROPERTY OWNERS, FROM CHAPTER 28, "ZONING", ARTICLE 6.21, "OFF-STREET PARKING REQUIREMENTS", FOR PROPERTY LOCATED AT 2 NORTH FEDERAL HIGHWAY, IN THE CITY OF DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday,April 25,2006—7:00 p.m. City Attorney Ansbro read the title of Resolution#2006-075. Sandrine Terzian, who rents the property, and Charles Akiba, owner, were both available to answer questions. Corinne Church, AICP, Principal Planner, advised the variance would allow a cafe with zero parking spaces when the Code requires 9 parking spaces. The building is currently occupied by an antique store and is located within the CRA. The Planning & Zoning Board recommended approval subject to a 15 seat maximum. Commissioner Bertino asked Mr. Akiba if he agreed with the Planning & Zoning Board recommendation. Mr. Akiba responded in the affirmative. Laurence Leeds, Director of Community Development, noted a restaurant was licensed at this location in 2002. Mayor Flury opened the Public Hearing. Clare Vickery, property owner at 49 N. Federal Highway, supported the variance request. She is concerned because the City needs to work on a parking plan for the downtown area. Ms. Vickery stated for the record that we need to work together and address the parking issue because it affects every business in the area. Director Leeds noted that when Ms. Vickery's variance request was approved, there was a time limitation of three years; when this term expires, it would have to come back to the Commission. Seeing as there was no one else to speak in favor or opposition, Mayor Flury closed the Public Hearing. Commissioner Castro pointed out that other businesses have approached the City and have been shut down because of the parking. She noticed the Post Office property owner objected to the variance due to the parking situation. She wants to insure that we are not setting up a precedent and that everyone is treated equally. Commissioner Bertino commented there was a time when the City did away with the parking requirements in order to attract restaurants. Mr. Akiba has cleaned up the property and it looks very attractive. Commissioner Bertino supported the variance. Commissioner MVIcElyea motioned to adopt Resolution 92006-075, as presented; seconded by Commissioner Bertino. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Commissioner MVIcElyea Yes Commissioner Castro Yes Mayor Flury Yes Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday,April 25,2006—7:00 p.m. 10. Commission Comments 10.1 Commissioner Bertino Commissioner Bertino referred to the comments made by Ms. Tyra. He thought the City should place a disclaimer on any publications, showing the total costs incurred, because it is good for the City. He also agreed on the placement of bus shelters in the western area of the City. Commissioner Bertino had asked the Department Heads to look for alternative equipment that we could use to take care of ourselves during the first 72 hours after a hurricane. He is looking forward to seeing a report in the near future. Commissioner Bertino mentioned a HUD project on the west side of town, across from the American Legion. The fences are not being kept up. He believed the HUD agreement required it be kept up and requested staff to look into it. City Manager Pato pointed out that a report on the equipment, requested by Commissioner Bertino, was distributed by Fire Chief Land. 10.2 Commissioner Castro Commissioner Castro attended a Hurricane Symposium last week and it was very informative. She will share the information with City staff. Commissioner Castro reported that FEMA has a permanent location in Orlando, Florida. Commissioner Castro commented Relay for Life was great. She thought City staff and organizers did an excellent job and everyone enjoyed it. Commissioner Castro advised the City of Hollywood has asked the County for an additional 1000 units south of Sheridan Street. She is concerned because of all the development in Hollywood. She thought this affects our quality of life. Commissioner Castro asked the Commission if they would like her to comment against this project at the Broward Planning Council. Mayor Flury mentioned she had sent a note to the City Manager and she agrees it is time to voice our concerns. Commissioner Bertino would like the City to contact the City of Hollywood to address our concerns first, and then bring it to the attention of the Broward Planning Council. City Manager Pato noted we had already done that when they requested 4500 units, but to no avail. The City of Hollywood is now going from 4500 units to 5500 units. We would be reiterating our concerns. Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday,April 25,2006—7:00 p.m. Mayor Flury thought it was time to stand up to the Planning Council and the County Commission. Commissioner Castro would like to know the status of the dumpster ordinance at some point. Commissioner Castro commented the Melaleuca Gardens Association lost Mr. McAdams yesterday in a motorcycle accident. She extended her condolences to the McAdams family. Commissioner Castro suggested stop signs be placed at the intersection where the accident occurred. BSO Chief Cowart responded Broward County Traffic Engineering Department understands the issues with the yield signs and will work on replacing the signs. 10.3 Commissioner McElyea Commissioner McElyea mentioned the Kiwanis are having a Golf Tournament on Saturday, April 29, at Hillcrest Country Club. Commissioner McElyea had a call from a constituent reporting that a power line was on their roof. He contacted Lynn Shattas, Florida Power & Light and they responded immediately. Commissioner McElyea commented he had called City Manager Pato on another issue and he was very efficient. Commissioner McElyea mentioned he is on the screening committee for the selection of the Principal for Dania Beach Elementary. He would try to contribute to find a good candidate for our City. Commissioner McElyea noted he was unable to attend the Relay for Life event, because a very close friend of his passed away. 10.4 Vice-Mayor Anton Vice-Mayor Anton was absent from this meeting. 10.5 Mayor Flury Mayor Flury commented the Relay for Life was a great event. She thanked all those involved for their hard work. The goal is $100,000 and Dania Beach will probably be recognized as the City with the greatest improvement from the previous year goal. Mayor Flury referred to the comments made by Pat Tyra relating to the PODS ordinance. She thought it would be a good idea and asked staff to work on this addition to be considered during an officially declared disaster. Minutes of Regular Meeting 16 Dania Beach City Commission Tuesday,April 25,2006—7:00 p.m. Laurence Leeds, Community Development Director, responded he will work with the City Attorney on this matter. Mayor Flury asked Director Leeds to comment on the port/airport people mover. Director Leeds advised the City received notice that the Broward County Aviation Department was looking at an alternative for the airport and port people movers. He provided a diagram to the Commission. The Mayor's concern is the impact it will have on the City. He mentioned some of the alternatives would require the acquisition of private property and we now have the opportunity to express our concerns during the beginning of the process. Director Leeds further advised he talked to the engineering firm about the preferred alternative. He thinks a letter from the Mayor expressing our concerns, followed by a resolution should be issued. A member of his staff will attend the presentation this week. Commissioner Castro remarked that all proposed corridors are north of Griffin Road and would not impact any homes. Director Leeds clarified for the record that the entire project would be north of Griffin Road and would end at the airport terminal. The affected area would only involve industrial properties. Commissioner Bertino is concerned about Broward County Vision 20/20 and other projects they had. The light rail concept was suddenly changed to go to downtown Ft. Lauderdale, then to Hollywood, but would bypass Dania Beach. In the eventuality that the rail is placed as suggested, and if it is going to be more than a direct link to airport and cruise ships, he would like the City of Dania Beach to be a direct stop. City Manager Pato advised that he discussed the costs with Broward County three years ago and it was estimated to be about $1 OOM per mile. Because of the high costs, he did not think it would be developed. Mayor Flury pointed out that they are starting to have meetings and are acting seriously. She asked Director Leeds to hold the letter and subsequent resolution until after their first meeting, since there may be additional comments that we might wish to add. 11. Discussion and Possible Action There were no discussion items at this meeting. 12. Appointments There were no appointments at this meeting. Minutes of Regular Meeting 17 Dania Beach City Commission Tuesday,April 25,2006—7:00 p.m. 13. Administrative Reports 13.1 City Manager City Manager Pato asked Kristen Jones, Director of Parks and Recreation, for an update on the Lightning Devices. Director Jones advised the cost for the three parks and the beach, including one year's maintenance agreement on all systems, would be $47,771.00. Patricia Varney, Finance Director, commented on funds. She contacted Chris Ryan, our Bond Counsel,to find out if some of the funds that were not used for the Frost Park Community Center awnings, could be allocated to this project. The Commission remarked that the funds for the awnings should not be used for any other projects and need to stay in the budget. Director Varney confirmed there was no money available in the budget to cover the Lightning Devices. She further clarified for the Commission that $150,000 formerly in contingency, may have dropped due to calculations already in progress for hurricane season expenses. Commissioner Bertino motioned to install the lightning detectors, funded from contingency; seconded by Commissioner Castro. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Commissioner McElyea Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Bertino briefly commented on the future Florida East Coast (FEC) tracks in Dania Beach. He thought when that happens, the City would lobby to have a terminal and there might be a possibility of receiving future funds from the Department of Transportation or the State of Florida for a parking terminal. Commissioner Bertino asked City Manager Pato to be on the alert on this matter. 13.2 City Attorney City Attorney Ansbro commented on the gas station legislation currently being discussed in Tallahassee. He added he is reluctant to provide an ordinance until the law is passed by the Legislature. Commissioner Bertino asked City Attorney Ansbro to bring forward the ordinance before the legislature goes out of session so we would be ready. City Attorney Ansbro advised that in regards to the information on the airport sign, requested by Commissioner Bertino, he contacted the Broward County Attorney's office and no one knows anything about a commitment to place Dania Beach on the sign. Minutes of Regular Meeting 18 Dania Beach City Commission Tuesday,April 25,2006—7:00 p.m. Commissioner Bertino remarked the official name on the original agreement with Broward County was: "Hollywood-Ft. Lauderdale International Airport at Dania Beach". City Attorney Ansbro reported the contract with Moskowitz, Mandell, Salim & Simowitz, P.A., Special Attorneys for the CRA, will soon expire. Mayor Flury suggested we discuss the matter at the upcoming CRA meeting on Wednesday, May 3, 2006. 13.3 City Clerk—Reminders Wednesday, May 3, 2006— 5:30 p.m. —Regular CRA Board Meeting Tuesday,May 9, 2006—7:00 p.m. —Regular City Commission.Meeting Thursday, May 18, 2006—6:00 p.m. —Abatement Hearing Tuesday, May 23, 2006—7:00 p.m. —Regular City Commission Meeting 14. Adjournment Mayor Flury adjourned the meeting at 9:29 p.m. CITY OF DANIA BEACH ATST: PATRICIA p`LURY MAYOR-COMMISSIONER LnJ LOUISE STILSON, CMC CITY CLERK Approved: May 9, 2006 Minutes of Regular Meeting 19 Dania Beach City Commission Tuesday,April 25,2006—7:00 p.m.