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HomeMy WebLinkAbout7857 - MINUTES - City Commission MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, APRIL 10, 2007 - 7:00 P.M. 1. Call to Order Mayor Anton called the meeting to order at 7:00 p.m. 2. Invocation and Pledge of Allegiance Father Roger Holoubek, St. Maurice Catholic Church, gave the Invocation followed by the Pledge of Allegiance to the United States Flag. 3. Roll Call Present: Mayor: Bob Anton Vice-Mayor: Albert C. Jones Commissioners: John Bertino Anne Castro Patricia Flury City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson 4. Presentations and Special Event Approvals 4.1 15 Year Service Award Presentation—Human Resources City Manager Pato and Kristen Jones, Director of Parks and Recreation, presented a service award certificate to Alan Stafford for 15 years of service to the City of Dania Beach. City Manager Pato and Laurence Leeds, Director of Community Development, presented a service award certificate to Connie Falzone-Tarrant for 15 years of service to the City of Dania Beach. Mayor Anton thanked Mr. Stafford and Ms. Falzone-Tarrant for their hard work and dedicated service to the City. 4.2 Presentation of the FAU Hometown Tours—Dr. Joyanne Stephens, Vice President for Broward Campuses Dr. Joyanne Stephens, Vice-President for FAU Broward Campuses, and Ron T. Bulger, Assistant Director of Governmental Relations, presented an update on Florida Atlantic University. Dr. Stephens explained that last year FAU began a series of"Hometown Tours" by having a member of their leadership team speak at a local City or County Commission meeting within the University's service area. She commented they are proud of the work done by their Faculty and staff at SeaTech University. Dr. Stephens advised FAU was awarded a $5M grant to produce renewable energy and invited the Commission to take a tour of SeaTech and meet the researcher heading up the program. She further noted that the Davie Campus is the largest branch campus in the State of Florida, with over 6,000.students. Next year the Davie Campus will expand to accommodate approximately 9,000 students to become the home of environmental science. Dr. Stephens pointed out that their main focus will be restoring the Everglades. She addressed Teacher Education and noted FAU prepares more teachers for the Broward County School Board than any other University in South Florida. They are looking for innovative ways to bring people into the teaching profession, which is one of the most critical workforce shortages. Finally, Dr. Stephens thanked the Commission for allowing them to have their 2"d Annual FAU Seaside Shindig on March 29-31, at Dania Beach. Vice-Mayor Jones asked about a scholarship for Oceanography that once existed in the City of Dania Beach for deserving students. He thought some future arrangements could be made to bring this program back to the City. Dr. Stephens agreed to look into this matter and report back to City Manager Palo. 4.3 Special Event request for the American Cancer Society Relay for Life, to be held at Frost Park, on April 20-21, 2007 Lisa Young, Chairman of the Relay for Life, and Marie Letzer, Co-Chairman, were present to answer questions. Commissioner Bertino motioned to approve the Special Event Request for the American Cancer Society Relay for Life to be held at Frost Park; seconded by Vice-Mayor Jones. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 4.4 Special Event request for the Florida Intercultural Academy School Picnic/Field Day, to be held at Frost Park, on Wednesday, May 30, 2007 from 8:00 a.m. —2:00 p.m. Commissioner Flury motioned to approve the Special Event Request for the Florida Intercultural Academy School Picnic/Field Day, to be held at Frost Park; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,April 10,2007—7:00 p.m. Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 5. Proclamations There were no proclamations at this meeting. 6. Citizen Comments There were no citizen comments at this meeting. 7. Consent A eg nda Items pulled from Consent Agenda: #7.3, #7.7 and#7.8 7.1 Minutes: Approve Minutes of the March 20, 2007 Organizational Meeting Approve Minutes of the March 27, 2007 City Commission Meeting 7.2 Travel Requests: Travel request of City Manager Ivan Pato to attend the National Council of Legislators from Gaming States (NCLGS) in Las Vegas, Nevada, from June 7-10, 2007. (Estimated cost $1,850, remaining budget $9,713) Travel request of Commissioner John Bertino to attend the National Council of Legislators from Gaming States (NCLGS) in Las Vegas, Nevada, from June 7-10, 2007. (Estimated cost $1,725, remaining budget $7,870) Travel request of Frank Crandon, Electrical Inspector, to attend the Building Officials Association of Florida 55`h Annual Educational Conference and Trade Expo in Orlando, Florida, from June 3-7, 2007. (Estimated cost $857, remaining budget $1,638) Travel request of Frank Dipaolo, Accountant, to attend the Florida 21" Century Community Learning Centers Statewide Annual Spring Conference in Daytona Beach, Florida, from April 16-17, 2007, in regard to the T.I.M.E. 4 Kids Program. (Estimated cost $400, remaining budget $285) Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,April 10,2007—7:00 p.m. Resolutions 7.3 RESOLUTION 42007-068 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, DECLARING CERTAIN PERSONAL PROPERTY TO BE OBSOLETE, SURPLUS, AND OF NO FURTHER USE TO THE CITY OF DANIA BEACH; DECLARING THE INTENT OF THE CITY TO DISPOSE OF SUCH PROPERTY AT THE DIRECTION OF THE CITY MANAGER;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2007-068. Commissioner Castro asked about the process used to declare property surplus. She indicated some members of the community may have a need for the items. City Manager Pato responded we never received that direction from the Commission in the past. He did look into the condition of the computer equipment and discovered it would not be worth reconditioning. City Manager Pato commented this is a bidding process done through the City's Website, and we had good results last year. Commissioner Castro motioned to approve Resolution #2007-068; seconded by Commissioner Bertino. Vice-Mayor Jones suggested placing the funds received into an account to provide bonuses to the employees. He would like the Commission to look at these items before they are declared surplus, and confirm that taxpayers' money is used at its fullest. Commissioner Bertino commented the equipment is definitely surplus. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 7.4 RESOLUTION 42007-071 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE ADDITIONAL SUPPLIES, SERVICES, EQUIPMENT AND MATERIALS FROM ZOLL MEDICAL CORPORATION, A SOLE SOURCE PROVIDER, IN AN AMOUNT NOT TO EXCEED SEVENTEEN THOUSAND DOLLARS ($17,000.00) FOR FISCAL YEAR 2006-2007; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION #2007-069 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO CONTRACT FOR THE PURCHASE OF ADDITIONAL SUPPLIES, SERVICES, EQUIPMENT AND MATERIALS FROM MOTOROLA, A SOLE SOURCE PROVIDER, IN AN AMOUNT NOT TO EXCEED FORTY THOUSAND DOLLARS ($40,000.00) FOR FISCAL YEAR 2006-2007, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,April 10,2007—7:00 p.m. PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION #2007-072 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE TREE REMOVAL SERVICES AT THE BUILDING SITE FOR THE FIRE STATION NUMBER 93 PUBLIC SAFETY FACILITY FROM ELAN LAWN AND LANDSCAPING SERVICES IN AN AMOUNT NOT TO EXCEED $30,000.00 WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE. 7.7 RESOLUTION 42007-073 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO INCREASE FUNDING RELATED TO THE EXISTING CONTRACT WITH COASTAL CONTRACTING & DEVELOPMENT, INC. FOR THE CONSTRUCTION OF THE C.W. THOMAS PARK RECREATIONAL COMPLEX IN THE AMOUNT OF $50,000.00; PROVIDING FOR CONFLICTS; PROVIDING FOR FUNDING; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2007-073. Vice-Mayor Jones questioned the reason for the change order. Kristen Jones, Director of Parks and Recreation, responded the addition is necessary to construct a hallway to allow access to the restrooms in order not to disturb classes. Commissioner Bertino asked if we needed to rectify Frost Park, considering it is the same design-build plan as C.W. Thomas. Director Jones responded in the affirmative. She will obtain quotes for the job and bring them back for Commission approval. Commissioner Castro motioned to approve Resolution #2007-073; seconded by Vice-Mayor Jones. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes Ordinances (Title read by City Attorney) 7.8 ORDINANCE #2007-008 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA ESTABLISHING THE AQUA ISLES COMMUNITY DEVELOPMENT DISTRICT; MAKING CERTAIN FINDINGS REGARDING THE DISTRICT; DESCRIBING THE EXTERNAL BOUNDARIES OF THE DISTRICT; NAMING FIVE PERSONS DESIGNATED TO BE THE INITIAL MEMBERS OF THE BOARD OF SUPERVISORS; PROVIDING FOR CERTAIN SPECIAL POWERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday,April 10,2007-7:00 p.m. City Attorney Ansbro read the title of Ordinance 42007-008. Vice-Mayor Jones asked for information on this project. City Attorney Ansbro noted the project is for townhomes in an area that once housed mobile homes. He indicated the developer has petitioned for a Community Development District in order to obtain bonds to help with costs associated with the project. City Attorney Ansbro clarified this project was similar to the Griffin Lakes/Harbour Isles development, which was recently completed. Gerald Knight, attorney representing the petitioner, noted this is authorized pursuant to Florida Statutes. This law allows developers and property owners to organize Community Development Districts for the purpose of constructing and financing infrastructure for new developments. fie advised this is an independent special district that does not affect the City in terms of liability or taxes. Commissioner Castro asked if a notice could be provided to prospective buyers of the units stating this is their local community tax. Attorney Knight responded he has been working closely with the City Attorney regarding a disclosure notice. Commissioner Bertino reaffirmed Commissioner Castro's suggestion and requested a disclaimer about the airport be included in the notice. Commissioner Bertino motioned to approve Ordinance 42007-008, on first reading; seconded by Vice-Mayor Jones. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes Commissioner Bertino motioned to approve the Consent Agenda, with the exception of Items #7.3, #7.7, and #7.8; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes Minutes of Regular Meeting Dania Beach City Commission Tuesday,April 10,2007—7:00 p.m. r 8. Bids and Requests for Proposals 8.1 RESOLUTION 42007-070 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH FRANK HILL CONSTRUCTION, INC. FOR CONSTRUCTION OF THE FROST PARK PATIO STRUCTURE IN AN AMOUNT NOT TO EXCEED $74,530.00; PROVIDING FOR CONFLICTS; PROVIDING FOR FUNDING, FURTHER, PROVIDING FOR AN EFFECTIVE DATE, City Attorney Ansbro read the title of Resolution #2007-070. Kristen Jones, Director of Parks and Recreation, advised two companies bid on the project and Frank Hill Construction, Inc. was the lowest bidder. Commissioner Bertino motioned to approve Resolution 92007-070; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 9. Public Hearings and Site Plans 9.1 ORDINANCE #2007-005 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 6, "BEACHES, PARKS AND RECREATION", OF THE CITY CODE OF ORDINANCES BY AMENDING SECTION 6-33, "SCHEDULE OF CHARGES", TO DECREASE THE FINES FOR PARKING VIOLATIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2007-005. He noted this was a housekeeping measure to reduce the prescribed parking citation amount. Mayor Anton opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Commissioner Bertino motioned to adopt Ordinance #2007-005, on second reading; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,April 10,2007—7:00 p.m. 9.2 ORDINANCE #2007-006 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 25, "TRAFFIC',OF THE CITY CODE OF ORDINANCES BY AMENDING SECTION 25-79, "FINES", TO DECREASE SUCH FINES FOR VIOLATIONS PURSUANT TO SECTION 25-79; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2007-006. He noted this was a housekeeping issue requested by the Clerk of the Courts. Mayor Anton opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Commissioner Castro motioned to adopt Ordinance #2007-006, on second reading; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 9.3 ORDINANCE 42007-003 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, ADOPTING AN AMENDMENT TO CHAPTER 28 OF THE CODE OF ORDINANCES RELATING TO THE INDUSTRIAL-GENERAL (IG) ZONING DISTRICT TO PROVIDE FOR ADDITIONAL PERMITTED USES AND REGULATIONS FOR CERTAIN DESCRIBED LANDS WITHIN SUCH ZONING DISTRICT WHICH AREA IS KNOWN AS "PORT LAUDANIA"; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2007-003. Laurence Leeds, Director of Community Development, explained the location of the property. He noted there are two changes since the last meeting: 1) the applicant has submitted a revised definition of what type of barges are permitted; and 2) page 2 of the ordinance, section (m) (8) should be changed to reflect "no larger than three (3) net acres", instead of four (4) acres, as previously stated. Director Leeds recommended approval of the request, provided these changes are implemented. Mayor Anton opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Colin Donnelly, Assistant City Manager, reported the Chairman of the Marine Advisory Board was not aware of any problems with the type of barge used by G&G Marine, and did not foresee any future difficulties with their operation. Commissioner Castro motioned to approve Ordinance #2007-003, on second reading; seconded by Vice-Mayor Jones. The motion carried on the following 5-0 Roll Call vote: Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,April 10,2007—7:00 p.m. Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 9.4 RESOLUTION #2007-041 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY ALLEGRIA ENTERTAINMENT, INC. OWNER OF BEACH WATCH RESTAURANT LOCATED AT THE DANIA BEACH PIER, 300 NORTH BEACH ROAD, DANIA BEACH, FOR AN EXTENDED HOURS LICENSE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2007-041. City Manger Pato commented that he and City Attorney Ansbro are aware of Code and safety issues at the Pier Restaurant. City Attorney Ansbro advised we are concerned with the Building Code violations that continue to be a problem. One violation includes a boat at the dock that should have been moved by now. He indicated the request should not be allowed until the violations are corrected. City Manager Pato pointed out that we face fines from the County because grant funds were used to construct the docks. He further noted that if the boat is not removed by Friday, it will be towed away. Mayor Anton opened the Public Hearing. Elisabeth Stork, tenant, commented that today Dania Beach was the site of a 24-year record because a girl swam from Bimini. She noted the boat issue was resolved one hour ago. City Attorney Ansbro indicated there is a long list of issues that need to be resolved, such as electrical wires exposed and a bar placed underneath the pier without a permit. He pointed out these violations need to be addressed. Seeing as there was no one to speak in favor or opposition, Mayor Anton closed the Public Hearing. Ms. Stork commented they had an electrical inspection and the City official signed off on the inspection. City Attorney Ansbro stated that more than eight violations are still unresolved. He pointed out that the tenants need to come to the City first, and not do things until the City has approved them. Ms. Stork commented there is no water coming into the Bait Shop and they have not placed a bar on the beach, it is just the valet parking person who is stationed there. Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,April 10, 2007-7:00 p.m. City Attorney Ansbro advised there are about 25 other Code violations, including two new ones this evening. Commissioner Castro motioned to continue this item until the next City Commission meeting, to allow the City Manager and staff to discuss this matter with the tenants. Commissioner Bertino proposed allowing the tenants to have the requested license for four months, subject to an extension, to give them time to comply with all violations. Commissioner Flury agreed with Commissioner Castro's suggestion to continue this item to the next meeting. She thought we should let management handle the problem and find a solution that everyone is agreeable to. City Manager Palo indicated he would be happy to meet with them, however, he would like the license approval to be contingent upon all violations being corrected. Vice-Mayor Jones asked the tenants if they could resolve these issues within four months. Sven Jutz, tenant, noted 14 points of the list of violations have already been corrected. Commissioner Castro motioned to continue Resolution #2007-041 until the City Commission meeting of April 24, 2007 at 7:00 p.m.; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes City Attorney Ansbro advised the remaining items were quasi-judicial matters, and swore-in those who would speak. He asked the Commission to disclose any communication they had on these matters. 9.5 RESOLUTION #2007-066 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY ERIC ASSOULINE, ESQUIRE, AND 1ACQUES AND RACHEL ASSOULINE, FROM CHAPTER 28, "ZONING", ARTICLE 28, "SIGNS", FOR PROPERTY LOCATED AT 213 EAST SHERIDAN STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2007-066. Corinne Lajoie, Principal City Planner, explained the location of the property. She advised the applicant is requesting a variance to mount a wall sign on two sides of the building for a total of' 77 square feet, where Code allows a total sign area of 22 square feet. The Planning and Zoning Board recommended approval of a 20 square feet wall sign on both the east and west sides of the building, which would total 40 square feet. Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,April 10,2007—7:00 p.m. Mayor Anton opened the Public Hearing. Eric Assouline, attorney for the building owner, was present to answer questions. He advised they are willing to accept the recommendation of the Planning and Zoning Board. Seeing as there was no one to speak in favor or opposition, Mayor Anton closed the Public Hearing. Commissioner Castro motioned to approve Resolution 42007-066, with the Planning and Zoning Board recommendation; seconded by Commissioner Flury. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 9.6 RESOLUTION 42007-067 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST BY JODY OBERTHOLTZER, REPRESENTING WHB HOLDINGS, LLC., FOR A SECOND SITE PLAN EXTENSION (ORIGINAL EXTENSION WAS APPROVED ON NOVEMBER 28, 2006, AND EXPIRES ON MARCH 27, 2007) RELATING TO SITE PLAN SP-41-05 ORIGINALLY APPROVED BY RESOLUTION 2005-180 ON NOVEMBER 22, 2005, FOR PROPERTY LOCATED AT 3013 RAVENSWOOD ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Mayor Anton read the title of Resolution 42007-067. Corinne Lajoie, Principal City Planner, explained the location of the property and noted this is a request for a site plan extension to expire May 27, 2007. She indicated the extension is necessary because the applicant is waiting for approvals from the Broward County Department of Planning and Environmental Protection (DPEP). Mayor Anton opened the Public Hearing. Jody Oberholtzer, WHB Holdings, LLC, asked the Commission for approval of his request. Seeing as there was no one to speak in favor or opposition, Mayor Anton closed the Public Hearing. Commissioner Castro motioned to approve Resolution #2007-067; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday,April 10, 2007—7:00 p.m. 10. Commission Comments 10.1 Commissioner Bertino Commissioner Bertino commended the Fire Department on their Open House held on Saturday, April 7, 2007, from 10:00 a.m. — 2:00 p.m., at Fire Station 41. Commissioner Bertino asked if the north side of Meli Park could have a walkway, and if the fence on 29`h Avenue could be unlocked during the day so that the children could have access. Commissioner Bertino reminded everyone that Phase 2 of the water restrictions will be implemented this week. He asked for cooperation to help with this critical situation. 10.2 Commissioner Castro Commissioner Castro commented on the benches placed on US 1 and Dania Beach Boulevard. She noted they are cleaner and look nicer than the other benches. Commissioner Castro reminded everyone that the FEC railroad track on Griffin Road will be closed Sunday, April 15 through Wednesday, April 18. Commissioner Castro thanked Major Larry Rogers and Chief Peterson, on behalf of the Melaleuca Gardens neighbors, for fixing the fence owned by the airport. Commissioner Castro advised that last Saturday some of the neighborhood leaders involved with Urban Infill Studies had an informal meeting with Director Leeds. She noted it was a very helpful meeting so everyone could understand the process. Commissioner Castro asked if there were any objections from the rest of the Commission for her to move forward with the Neighborhood Comprehensive Plan for the budgeted amount of $100,000. The neighborhoods involved are College Gardens, Triangle Village, Dania Heights and Sun Garden Isles. Commissioner Flury was glad to see this process moving forward. She thought each study would be $35,000445,000. She asked Director Leeds for an estimate. Laurence Leeds, Community Development Director advised he would get an estimate and report back to the City Manager. He thought it would be around $150,000—$175,000 for all three studies. Commissioner Flury commented $100,000 would not be enough. She hoped staff would budget the balance of funds in next Fiscal Year. Commissioner Flury indicated she would prefer to do 1-2 neighborhoods well, as opposed to do all four lacking quality. Commissioner Bertino thought this decision should be made at a Workshop meeting. Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,April 10,2007—7:00 p.m. Vice-Mayor Jones concurred with Commissioner Bertino. He thought a Workshop would give everyone the opportunity to look at details and make suggestions. Mayor Anton commented we have held a number of public meetings for everyone to have input in this matter. He personally thought a Workshop was not necessary and was pleased to see someone had taken the initiative to move this plan forward. Commissioner Castro pointed out that the group discussed the feasibility of doing one neighborhood well, as opposed to all neighborhoods poorly. She noted Director Leeds' participation was very helpful, since they did not know the specifics of the plan. Commissioner Castro further indicated that if$100,000 is not enough, they would need to bring it back to the Commission to decide what neighborhoods would be done first. Commissioner Flury requested the consensus of the Commission to have Commissioner Castro continue with the plan and Director Leeds to do cost findings, and when they are ready, bring information back to the Commission for discussion at a Workshop environment. Commissioner Castro advised that County Commissioner Rodstrom is trying to move the three upcoming airport meetings to those cities affected by the airport expansion. She extended her appreciation for his efforts. 10.3 Commissioner Flury Commissioner Flury commented the City has been criticized for the low number of bidders in our bidding process. She had asked for projects to be advertised in the Miami Herald as well as the Sun Sentinel. Commissioner Flury was pleased to report that as a result of this additional advertisement and the DemandStar Program, the number of companies has increased significantly. She agreed with Director Varney that because of the costs involved, we should now stop using the Miami Herald. However, she thought big projects should continue to be advertised in both newspapers. Commissioner Flury advised she had asked Director Varney for an addendum to the Comprehensive Financial Report relating to Full Time Equivalent statistics. Although an addendum was distributed to the Commission, it did not address the number of positions that were outsourced. She requested Director Varney present a revised addendum with the additional information. Commissioner Flury commented we have not had a report on the bond monies for quite awhile. She would like to see an annual report, separate from the CIP, prepared for each of the categories. 10.4 Vice-Mayor Jones Vice-Mayor Jones apologized for not being able to attend the Fire Department Open House. Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday,April 10, 2007—7:00 p.m. Vice-Mayor Jones commented to Chief Peterson on parking and noise violations and the need for our citizens to know we need to abide by our ordinances. Vice-Mayor Jones thanked the City Manager and Kurt Ely for coming to his Community Cookout on Saturday, March 31". He also thanked Rose Lizana for taking pictures of the event. Vice-Mayor Jones asked if we had a grant writer. City Manager Palo responded Assistant City Manager Donnelly and Kathy Herman are responsible for grant projects. Vice-Mayor Jones would like staff to contact other cities to research the possibility of forming a Grant Advisory Board. He thought we might find people in our City who have the expertise to help us with this matter. 10.5 Mayor Anton Mayor Anton received a call from Neil McAliley, White & Case. who was in Washington representing the City in a lawsuit filed against the FAA. Attorney McAliley commented that although we do not have a ruling from the judges yet, he was confident that we did very well. Mayor Anton advised that he and City Attorney Ansbro will soon be meeting with Attorney McAliley to look at some strategies in dealing with the EIS issue. Mayor Anton commented the Regional meetings on the airport are extremely important and people should get involved and let their voices be heard. He read the schedule of upcoming airport meetings and where they will be held. Mayor Anton pointed out that there may be a final determination by the County on their preferred alternative at their meeting on May 8, 2007. Mayor Anton discussed the possibility of having buses available to transport residents to the airport meetings. He asked for citizens to let the City know if they were interested in attending the meetings, in order to make the necessary arrangements. 11. Discussion and Possible Action 11.1 Single Family Home Variances—Mayor Anton Mayor Anton commented that during his political campaign the issue of obtaining a variance for Single Family Homes was raised by residents. He asked for this item to be placed on tonight's Agenda to try to find a way to speed the process, which currently takes about three months. Mayor Anton asked Director Leeds for suggestions. Laurence Leeds, Director of Community Development, thought it was not necessary to have two hearings for Variance requests for Single Family Homes. He suggested eliminating the Planning and Zoning Board review and bring the application directly to the Commission. Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday,April 10,2007—7:00 p.m. Commissioner Flury thought it would be better to present the cases to the Planning and Zoning Board and bring the application to the City Commission only as an appeal. City Attorney Ansbro advised that the Planning and Zoning Board is an advisory group only. Director Leeds commented there are non-conforming building rules in our Code which prohibit any new construction that does not comply with the current Code. He proposed that if a change to an existing structure is requested, it could be replaced as long as it is in the same location. Mayor Anton felt people should not be penalized if homes are damaged from hurricane or termites and they want to have them repaired. He further noted that this Commission has rarely denied a variance request of that nature. Mayor Anton would like to cut out some of the bureaucracy involved in this process. Director Leeds advised that the administrative variance process allows for a ten percent reduction. Director Leeds asked if we wanted to increase that reduction for some items, since most of the variances exceed that percentage. Commissioner Flury asked Director Leeds to put his recommendations in writing before the Ordinance is drafted. Commissioner Bertino asked if it would be possible to reduce the fees. Director Leeds commented that the advertising fees are expensive. He pointed out that if the fees for these requests were reduced, the City would have to subsidize the advertisement and he would have to budget for these costs. It was the consensus of the Commission to direct Director Leeds to prepare a Memorandum with his recommendations and forward it to the Commission for review. 12. Appointments Mayor Anton appointed Bob Adams to the Civil Service Board. Mayor Anton advised that Sophie Steele resigned from the Dania Beach Housing Authority. He appointed John Daizovi to complete the term that runs November 1, 2004 through October 31, 2008. Mayor Anton re-appointed Merita Mitchell and Kathryn Philpart to 4-year terms on the Dania Beach Housing Authority, effective June 1, 2007 through May 31, 2011. Mayor Anton appointed Pat Flury to the General Employees Pension Board. Vice-Mayor Jones appointed Gloria Black to the Human Relations Board. Vice-Mayor Jones appointed Derrick Hankerson to the Nuisance Abatement Board. Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday,April 10,2007—7:00 p.m. Vice-Mayor Jones appointed Chris Barile and Antonio Williams to the Parks, Recreation & Community Affairs Advisory Board. Commissioner Bertino motioned to approve the Board appointments; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 13. Administrative Reports 13.1 City Manager City Manager Pato reminded everyone of the Water Restrictions and noted that enforcement on violations of water use will begin this weekend. City Manager Pato advised he has asked staff to be aware of rising gas prices and implement some fuel conservation measures. 13.2 City Attorney City Attorney Ansbro read a message he received from the Property Appraiser's Office allowing the City to increase the amount of the Senior Homestead Exemption to $50,000. He advised that the deadline to submit the request to the Property Appraiser's Office is June 1, 2007 for the 2007 Tax Roll. The deadline for the 2008 Tax Roll would be December 1, 2007. City Attorney Ansbro indicated that the impact to the City would be $51,000. It was the consensus of the Commission to direct the City Attorney to draft an Ordinance to increase the Homestead Exemption for Seniors over 65 years old, from $25,000 to $50,000. City Attorney Ansbro commented that the property located at 303 N. Federal Highway, known as the old laundry building, has been sold and there is an Occupational License/Code violation of approximately $135.000 to be settled. The seller is gone and the building would have to be shut down and the new business for the sale of high-end luxury and sports cars approved by the Commission on March 14, 2007, would not be able to operate. He recommended taking $35,000 now, instead of going through the Special Magistrate/Abatement Hearing process. City Attorney Ansbro requested direction from the Commission. Commissioner Bertino and Mayor Anton both agreed to take a fifty percent reduction. Commissioner Bertino motioned to take a fifty percent reduction. The motion died for lack of a second. Minutes of Regular Meeting 16 Dania Beach City Commission Tuesday,April 10,2007—7:00 p.m. Commissioner Flury motioned to accept the City Attorney recommendation; seconded by Vice-Mayor Jones. The motion carried on the following 3-2 Roll Call vote: Commissioner Bertino No Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton No Commissioner Flury Yes Dominic Orlando, Director of Public Services, invited the Commission to attend a barbecue at the Water Plant on Friday, April 13, between 12:00 — 2:00 p.m. This event is to celebrate the completion of the installation of the SW water main project which was done in-house. He further noted that over 7,000 linear feet of 8" diameter pipe, complete with service connections and fire hydrants, were installed in less than 2 months. Director Orlando further indicated that he, City Manager Palo, and City Attorney Ansbro each contributed $100 to this barbecue. City Manager Pato complimented the City of Hollywood for the equipment they presented at the Dania Beach Fire Department Open House. He asked Deputy Fire Chief Cassano to let the Hollywood Fire Chief know how much we appreciate their participation at this event. 13.3 City Clerk—Reminders Thursday, April 12, 2007 — 7:00 p.m. City Commission Workshop— SE Traffic Calming Tuesday, April 24, 2007 —7:00 p.m. Regular City Commission Meeting Wednesday, May 2, 2007—6:00 p.m. CRA Board Meeting 14. Adjournment Mayor Anton adjourned the meeting at 9:12 p.m. ATTEST: CITY OF DANIA BEACH LOUISE S LSON, MC 6(3B A TO CITY CLERK MAYO -C MMISSIONER Approved: April 24, 2007 Minutes of Regular Meeting 17 Dania Beach City Commission Tuesday,April 10,2007—7:00 p.m.