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HomeMy WebLinkAbout8545 - MINUTES - City Commission MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, APRIL 24, 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 Alle igiance Reverend Dr. Melvin Kennerly, Greater Mt. Zion AME 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 Deputy Clerk: Miriam Nasser Mayor Anton acknowledged students from South Broward High School who were attending tonight's public meeting as part of their government class. 4. Presentations and Special Event Approvals 4.1 Special Event Request for the Reign Down South Florida Festival to be held at Boomers on April 27-29, 2007 City Manager Pato confirmed all requirements for this event have been met. Commissioner Castro motioned to approve the Special Event Request for the Reign Down South Florida Festival; 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 4.2 Special Event Request for the Performer's Party and Salute to Wounded Warriors to be held at 200 Gulfstream Way, on May 5, 2007 from 7:00 p.m. — 10:00 p.m. City Manager Palo confirmed all requirements for this event have been met. Commissioner Castro motioned to approve the Special Event Request for the Performer's Party and Salute to Wounded Warriors; 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 5. Proclamations 5.1 Poppy Day—American Legion Auxiliary Unit 304 Mayor Anton presented a proclamation declaring May 26, 2007 as "Poppy Day" to Judy Jensen, Poppy Chairperson, of the American Legion Auxiliary Unit 304. He explained the red crepe- paper flowers are made by hospitalized American veterans to provide physical and therapeutic help to the veterans. The poppies are to remind all Americans of the price of war and the sacrifice of millions of lives. All donations are used to help disabled veterans and their families. Chief Donn Peterson, BSO District 2, presented a Certificate of Appreciation to the American Legion Auxiliary Unit 304 for their support of the fundraising efforts on behalf of Special Olympics. He thanked them for their generosity and commented they have raised $35,000 for this charity event. 5.2 National Public Works Week This Proclamation was continued to the Regular City Commission Meeting of May 8, 2007, at 7:00 p.m. 6. Citizen Comments Chris Barile, 5099 SW 28`h Avenue, thanked the City for the renovations at P.J. Meli Park. He noted the graffiti on the walls and vandalism to the property was disgusting. Mr. Barile thought some action should be taken to prevent this activity from happening. He asked for assistance from the Commission. Mayor Anton asked City Manager Pato and BSO Chief Peterson to meet with Mr. Barile to find a way to resolve the problem. Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,April 24,2007—7:00 p.m. Commissioner Flury commented this has been a long standing problem and something needs to be done. She suggested fencing the park and having it locked after 10:00 p.m. Commissioner Flury indicated she is aware that we are not allowed to use the Law Enforcement Trust Fund (LETF) for this purpose. However, she would like BSO Chief Peterson to bring back his recommendations to the Commission, so this matter can be discussed during the budget cycle. Commissioner Bertino suggested using Law Enforcement Trust Funds for the installation of surveillance cameras. He asked Chief Peterson to find out if this would be allowed, considering the cameras perform a law enforcement function. Commissioner Castro commented that if surveillance cameras were installed, we would also need people to monitor them. Vice-Mayor Jones thought we should also make sure that the areas that have been vandalized have proper lighting. City Manager Pato noted that the Commission recently requested that a section of the fence be open to allow easier entrance for the neighbors in the community. Commissioner Bertino clarified that the request was to have the fence open during daytime hours and locked at night. Mayor Anton asked Chief Peterson to bring back his recommendations at the next Commission meeting. Kurt Ely, Chairman of the Parks, Recreation and Community Affairs Advisory Board, requested a change in the Resolution creating this Board, to include P.J. Meli, C.W. Thomas and Frost Parks. By amending this resolution, all requests for the use and fee waiver of City parks would have to be submitted to the Parks and Recreation Advisory Board, who will then make their recommendation to the City Commission. Mr. Ely commented this is the way they handle I.T. Parker Community Center and it works. It was the consensus of the Commission to direct City Attorney Ansbro to amend the Resolution creating the Parks, Recreation and Community Affairs Advisory Board and bring it back for consideration. Janice Reed, 205 NE 191 Court, noted her street is the only street in the northeast section without lighting. She asked the Commission for assistance in having lights installed in her neighborhood. Mayor Anton indicated he and City Manager Palo visited the area and confirmed this is the only section without lighting. Commissioner Castro motioned to have lights installed as requested; seconded by Commissioner Bertino. Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,April 24,2007—7:00 p.m. Commissioner Flury suggested installing solar lighting. City Manager Palo commented solar lighting would be the best solution for that area because there is no infrastructure to install traditional lighting. However, he would like the Commission to establish a policy on how to proceed when we receive individual requests. Commissioner Flury noted lighting is a public safety issue and we need to address it immediately. She suggested approving this request tonight and implementing a policy in due course. Commissioner Castro amended the motion, at the request of Mayor Anton, to add that the City Manager and Public Services Director would decide what would be the best lighting to be used, whether traditional or solar. 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 Robert Wecker, 203 NE 3rd Avenue, was concerned about the size of the pump the Fire trucks use and the radius needed for them to maneuver them, in the event NE 2"d Street is vacated. He requested this information be available at the May 8`h Commission Meeting, when this item will be discussed. Mayor Anton indicated all plans will have to be reviewed by the Fire Department, before they are approved. Mr. Wecker also asked BSO Chief Peterson to make a call to the Police Chief in Las Vegas to find out how Boyd Gaming controls their security. BSO Chief Peterson noted he will meet with Mr. Wecker and discuss this matter in detail. George Jason, 4549 SW 37`h Avenue, echoed Chris Barile's comments relating to the fence at P.J. Meli Park. He thought that as budget time is approaching, the City should look into the possibility of allocating funds to install a wrought iron fence. Mr. Jason also commented that Stirling Road is turning into a concrete jungle, instead of having nice landscaping. He asked the Commission to address this issue with Broward County. Commissioner Bertino noted he talked to the engineers in charge of this project and they explained that concrete is better because it does not have to be maintained. He added the City is not happy about this, but it is the County's road and there is nothing we can do. Commissioner Castro indicated Director Orlando is trying to find a better solution to this problem. As a result of his efforts, she understands there is some greenery on its way. Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,April 24,2007—7:00 p.m. Derrick Hankerson, 746 SW 3`d Street, commented that about three years ago, the neighbors in the College Gardens area were told that FDOT was planning to do an expansion of a Beautification Program along Stirling Road, by planting Palm trees. He asked if the City had any information about this project. Commissioner Bertino thought they would be landscaping the median at Stirling Road and Federal Highway. Mr. Hankerson commented with population increasing rapidly, driveways are not big enough to allow parking and cars are being parked on the swale on Phippen-Waiters Road. He requested the City's assistance in placing some "No Parking Zone" signs in that area or any other solution that would prevent this from happening. Vice-Mayor Jones commented he is aware of the situation and BSO Chief Peterson is already looking into the matter. He noted that CDBG funds were used to upgrade the swales therefore we should not allow people to use them for parking. He agreed with Mr. Hankerson and thought some measures should be taken to address this issue. Dominic Orlando, Public Services Director, explained the design drawings show landscaping in the median on Stirling Road. He commented some areas close to intersections will have concrete, but there definitely is greenery in the plans. Director Orlando responded for Mayor Anton that work should be completed within the next 12 months. He also clarified that FDOT has not changed anything from what was previously reviewed by the City. Clare Vickery, 49 N. Federal Highway, introduced Frederick Goldstein who will be presenting his art work at her gallery on May 3`d. She invited everyone to attend the opening at 6:30 p.m. Mr. Goldstein presented an art piece to the City Commission, to be displayed at City Hall, which represents a returning soldier. He wanted to honor the men and women who sacrifice their lives for our freedom. Mayor Anton suggested Mr. Goldstein meet with the City Manager to arrange where the sculpture will be placed. 7. Consent Agenda Items pulled,from Consent Agenda: #7.3, 47.6 7.1 Minutes: Approve Minutes of the April 4, 2007 Special Meeting Approve Minutes of the April 10,2007 City Commission Meeting Approve Minutes of the April 12,2007 S.E. Traffic Calming Workshop Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday,April 24,2007—'7:00 p.m. Resolutions 7.3 RESOLUTION #2007-074 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH PIERCE GOODWIN ALEXANDER & LINVILLE, INC. (PGAL), A TEXAS CORPORATION AUTHORIZED TO DO BUSINESS IN THE STATE OF FLORIDA, TO PROVIDE CONSULTING SERVICES TO THE CITY IN CONNECTION WITH DEVELOPMENT OF A MASTER PLAN TO ACCOMMODATE A COUNTY LIBRARY AND A PARKING STRUCTURE UPON A PART OF THE CITY ADMINISTRATION CENTER (CITY HALL), FOR AN AMOUNT NOT TO EXCEED $151,500.00; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2007-074. Commissioner Flury noted the Resolution refers to the Library being placed at the City Hall site. She clarified it was never the Commission intention to accommodate the Library next to the City Administration Center. Commissioner Flury would like the Resolution to be amended accordingly. Laurence Leeds, Director of Community Development, advised the Resolution is incorrect and will be fixed. City Attorney Ansbro commented that he worded the Resolution in accordance with the Bond process that referred to the Library being located at the City Hall site. He will check with the Bond Counsel to confirm they agree to change the verbiage. City Manager Palo clarified for the record that the contract attached to the Resolution has the correct description of the Scope of Work. He confirmed the Resolution will be corrected. Commissioner Flury motioned to approve Resolution 42007-074, as amended; 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 7.4 RESOLUTION #2007-076 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 $175,500; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION #2007-075 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE PARKING MACHINES FROM BYTEWISE SOLUTIONS, INC. WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISING FOR BIDS FOR A SUM NOT TO EXCEED $61,140.00; Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,April 24,2007—7:00 p.m. PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Ordinances (Title read by City Attorney) 7.6 ORDINANCE#2007-009 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY THE ARAGON GROUP, INC. PERTAINING TO THE "DANIA JAI ALAI PLAT', SUCH PROPERTY BEING GENERALLY LOCATED ON THE NORTH SIDE OF EAST DANIA BEACH BOULEVARD BETWEEN NE 31D AVENUE AND NE 5TH 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 "DANIA JAI ALAI" PLAT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the title of Ordinance #2007-009. Commissioner Flury asked for clarification that the Plat approval will not include the relocation of NE 2nd Street. City Attorney Ansbro indicated this was only the first reading of this Ordinance. He clarified that the second and final reading will take place at the May 8` Commission Meeting, when the request for the Vacation of NE 2"d Street will also be presented. City Attorney Ansbro further noted that if the Vacation request is not approved, the second reading of the plat will not be adopted. Commissioner Castro pointed out that the Plat may be approved, but the Vacation will require a separate Resolution and a Public Hearing. Commissioner Castro motioned to approve Ordinance #2007-009, on first 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 Commissioner Castro motioned to approve the Consent Agenda, with the exception of Items #7.3 and #7.6; 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 7 Dania Beach City Commission Tuesday,April 24,2007—7:00 p.m. 8. Bids and Requests for Proposals There were no bids at this meeting. 9. Public Hearings and Site Plans 9.1 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. (SECOND READING) City Attorney Ansbro read the title of Ordinance 42007-008. He noted he is satisfied with the Disclosure Notice applicable within the District, provided to the Commission as Exhibit `B" to the Ordinance. Gerald Knight, Attorney representing Aqua Isles, summarized that the adoption of this Law will allow developers and property owners to organize Community Development Districts for the purpose of constructing, financing and maintaining the infrastructure for new developments. He indicated that, as requested by the Commission, they have worked closely with City staff to develop a Disclosure Notice to be attached to the Ordinance as Exhibit `B", so future residents will be aware of the existence and functions of the District. Mayor Anton clarified for the record that the creation of the District diverts a portion of the cost of the individual homes for 15-30 years allowing the prospective owner to have a lower price on the units. Attorney Knight responded for Mayor Anton that there will be a reduction of approximately $10,000 per unit for people wanting to buy property within the District. Mayor Anton opened the Public Hearing: Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Vice-Mayor Jones asked if the project being developed made a finding of concurrency. He would not like this project to impact the surrounding schools. Laurence Leeds, Director of Community Development, indicated that if the site plan is approved prior to February 2008, the City does not have to make a finding of concurrency. He further noted that he will bring an Attorney to the May 81h Commission Meeting to explain in detail how the School Concurrency Program works. Commissioner Castro advised that the School Board will evaluate the project to determine whether it is in an area of under-served or over-served schools. If it is an over-served school area, they will be required to either give part of their land or find a piece of land to give to the Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,April 24,2007—7:00 p.m. School Board to build a school, otherwise they will have to pay the impact fees in lieu of setting aside property. Commissioner Bertino advised that a sign would be posted on the property, and sales staff will explain what a special taxing district is, to everyone signing a contract with them. Commissioner Bertino motioned to adopt Ordinance #2007-008, 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 9.2 ORDINANCE#2007-007 AN ORDINANCE AMENDING CHAPTER 28 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY CREATING ARTICLE 21, ENTITLED "DOWNTOWN TRANSIT ORIENTED DEVELOPMENT (TOD) AND TRANSIT ORIENTED CORRIDOR (TOC) DISTRICTS;" PROVIDING FOR AN AMENDMENT TO THE AMENDED ZONING MAP OF DANIA, FLORIDA; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2007-007. Laurence Leeds, Director of Community Development, advised the Planning and Zoning Board and staff recommend approval. At the first reading of the Ordinance, the City Commission recommended approval subject to three conditions. He noted these conditions have now been addressed and the changes will apply to all three districts. Mayor Anton opened the Public Hearing. Annette Hibbitts, 26 SW II'h Street, advised she owns a single family home with a duplex attached to it. She was concerned that under the new regulations, if more than fifty percent of her property is damaged by hurricane or fire, she will not be able to rebuild the entire house. Ms. Hibbitts also asked if people being affected with these changes were notified of this meeting. Mayor Anton advised that she could replace it with a single family home only, not the duplex. He added that the fifty percent issue was a different subject not being discussed tonight. Director Leeds advised that we can check her address to find out whether she is in the TOD/TOC area. He also clarified that about 1,000 public hearing notices were sent out notifying people of these changes. Director Leeds thought Ms. Hibbitts was referring to the Ordinance approved in 2003. NJ Terris, 105 NW lst Avenue, was supportive of the zoning changes, however she thought it would be better if the City would issue a "rebuild letter" instead of a"zoning letter". Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,April 24,2007—7:00 p.m. Director Leeds advised the City does not issue "rebuild letters", only "zoning letters". He further noted that if the bank requests more information, the City would issue a clarifying letter. Mayor Anton advised that staff would need to look into the consequences of issuing this type of letter. He assured Ms. Terris that the City Manager and Director Leeds would look at her case and contact her accordingly. Seeing as there was no one to speak in favor or opposition, Mayor Anton closed the Public Hearing. Commissioner Castro motioned to adopt Ordinance #2007-007, on second 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 9.3 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. (Continuedfrom April 10,2007) City Attorney Ansbro read the title of Resolution #2007-041. Mayor Anton opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. City Manager Pato noted that as requested by the City Commission he met with the tenants of the Beach Watch Restaurant to discuss several outstanding issues and put a plan in place to address them. He suggested approving the Extended Hours License request subject to resolving the pending Code, Fire, and life safety issues. Vice-Mayor Jones asked if there was a timeframe for resolving the issues. Commissioner Castro asked for clarification of who would be paying $20,000 for repairs. City Attorney Ansbro responded the Building Official established a period of 30 days to resolve the pending issues. He further noted that staff is willing to pay approximately $20,000 for items that will benefit the City in the future. Commissioner Bertino motioned to approve Resolution #2007-041. The motion died for lack of a second. Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,April 24,2007—7:00 p.m. Vice-Mayor Jones thought the request should be approved if they meet the conditions listed in the letter dated April 20, 2007, from the Building Official. Commissioner Bertino suggested approving the Extended Hour License when all the conditions have been met. Commissioner Castro commented she would not want to tie the license request to the pending violations. She thought this was purely an administrative matter and we should give them the opportunity to earn the money to pay for the pending issues, unless it involved a safety hazard. Commissioner Castro indicated our Code Compliance Division would cite them if they do not comply in a timely manner. Mayor Anton noted there was some work done without permits. He was concerned that if we approve the request, the past problems might come back. Mayor Anton commented there was a lack of communication and we needed to be on the same page. He suggested including in the motion that "the pending issues should be resolved before the license takes effect'. Commissioner Castro motioned to approve Resolution #2007-041, as presented; seconded b Commissioner Flury. The motion carried on the following 4-1 Roll Call vote: Y r'Y g Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton No Commissioner Flury Yes 10. Commission Comments 10.1 Commissioner Bertino Commissioner Bertino commented the Stirling Road lights are off and on. He asked staff to look into the matter. 10.2 Commissioner Castro Commissioner Castro commented that although this was a difficult subject for her to talk about, she decided this was the right thing to do. She noted Commissioner Bertino concluded a legal proceeding last week involving a criminal case. Commissioner Castro further indicated that we have a Code of Ethics and there are certain behaviors that are not acceptable. She felt that this issue was an embarrassment to the City and certainly not the type of publicity we are seeking. Commissioner Castro clarified that we know the difference between right and wrong, and that it was a difficult time for a lot of people. However, she would like everyone to understand that the case is closed, it has been addressed, and we need to move on. Commissioner Bertino advised that at the time of the trial there was no way to prove that he was innocent because the State Attorney had the car fixed, so the evidence was destroyed. He further indicated that his attorney recommended that instead of going ahead with the case at a very high Minutes of Regular Meeting ] ] Dania Beach City Commission Tuesday,April 24,2007—7:00 p.m. cost, it would be better to withhold adjudication. He reiterated he was not found guilty. Commissioner Bertino thanked those who called to wish him well and noted the case is closed and he will move on with his life. 10.3 Commissioner Flury Commissioner Flury asked if the Code Compliance Division was fully staffed. She was concerned about Saturday coverage. Colin Donnelly, Assistant City Manager, commented he is aware that Saturday coverage is needed. He noted we have interviewed candidates for the sixth position previously approved by the City Commission, but this is on hold due to the hiring freeze policy currently in place. City Manager Palo asked the Commission not to lift the hiring freeze at this time. He would like to wait until a decision on the tax issue has been reached in Tallahassee. Commissioner Flury requested an updated annual report on current grants that are still pending. She would like staff to use the same format Bonnie Temchuk used. City Manager Pato will provide the requested information. 10.4 Vice-Mayor Jones Vice-Mayor Jones commended Commissioner Castro for addressing Commissioner Bertino's issue and reiterated we need to move forward. Vice-Mayor Jones commented the Commission received a letter from a resident in the Estates of Ft. Lauderdale, relating to the traffic conditions in their mobile park. He requested staff look into the possibility of monitoring the speed limit in that neighborhood. Vice-Mayor Jones would also like staff to consider placing signs which would alleviate the situation in the area. Vice-Mayor Jones asked City Manager Palo if a response had been received regarding the inclusion of low interest loans in our redevelopment capital program. City Manager Palo noted this is work in progress. Staff has been meeting with Broward County and other City Managers, to satisfy cities who currently do not have a CRA. He indicated the County wants to change the way this matter is being handled. They want to take the Loan to Grant Program off the table. City Manager Palo commented this is a difficult issue which may take some time to resolve. City Manager Palo clarified for Vice-Mayor Jones that the Marina is under the supervision of Assistant City Manager Donnelly. Vice-Mayor Jones congratulated everyone who worked so hard to make the Relay for Life event a reality. He thought it was a great opportunity for people to participate in a good cause. Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,April 24,2007—7:00 p.m. 10.5 Mayor Anton Mayor Anton commended Commissioner Castro for her comments in the case of Commissioner Bertino. He indicated we have a legal system in place and to address this matter before it was resolved, would have been premature. Mayor Anton noted we want to make sure that everyone understands the situation and pointed out this is a matter of public record and anyone can obtain information on the final results of the case. Mayor Anton was pleased to see the street lights issue had been addressed. Mayor Anton advised there will be a Public Hearing on the Airport Expansion issue on May I", at the Broward County Convention Center from 4-8 p.m. and Public Comments will start at 6:00 p.m. He indicated the FAA will have a presentation dealing with the Environmental Impact Statement (EIS), showing the specific location of the new runways and other alternatives. The City will provide transportation for those who would like to attend the meeting. Buses will leave City Hall at 4:30 p.m. on May 1s`. Mayor Anton also noted that there will be a Broward County Commission follow-up meeting on June 5, at which time they may announce their final decision on what they plan to do regarding the expansion of the Hollywood-Fort Lauderdale International Airport. Mayor Anton asked for an update on the light issue at 51h Avenue. He would also like to have an updated report on the SW 2"d Avenue intersection modification. Mayor Anton noted these are both very important issues and he would like staff to provide this information at the next Commission Meeting. 11. Discussion and Possible Action 11.1 Status of Bonds Issues— Commissioner Flury Commissioner Flury was concerned to see that some of the Bond funds have not yet been used. She would like to see some of the projects get off the ground, such as the S.W. Community Center, the Linear Park and the Marina Park, as well as $48,000 allocated for lighting at P.J. Meli Park. City Manager Pato noted the schedule of events was provided to the Commission some time ago and is also posted on the City's Web Site. He indicated the Marina bathrooms are currently being built and there is a lot of activity consistent with the projects and timeline. City Manager Pato will forward a copy of the timeline to the Commission, per Commissioner Flury's request. Mayor Anton would like to prioritize lighting at P.J. Meli Park, because of the incidents mentioned tonight. Mark Felicetty, Senior Program Facilities Manager, Parks and Recreation Department, confirmed they are obtaining quotes for the ball field lighting. Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday,April 24,2007—7:00 p.m. Commissioner Bertino suggested using solar lighting at P.J. Meli Park. City Manager Pato indicated he will have someone prepare an assessment for the City on the security lighting. City Manager Pato responded for Commissioner Flury that the Linear Park will coincide with the repairs on Dania Beach Boulevard and 5`h Avenue. He also noted that the S.W. Community Center is part of the rehabilitation of the new Water Plant and that project is slightly behind schedule. Commissioner Flury would like to hold a Workshop at a future date, for a complete overview of what we will do with the Public Services Complex. She further indicated we should be very sensitive for things that were approved by the public. City Manager Pato noted he was very pleased to see the number of light poles that have been placed west of 40`h Avenue. Vice-Mayor Jones questioned if there was a plan in place for Chester Byrd Park. He would like staff to provide him with a copy of the proposed improvements presented to the Commission before he was elected. City Manager Pato indicated the original plan was mainly the improvement of equipment and landscaping. He confirmed for Vice-Mayor Jones that there were no plans to put a building on that park. City Manager Pato responded for Vice-Mayor Jones that the Fire Union had asked for a meeting with the BSO Chief of the Fire Division. He pointed out that the Broward Sheriffs Office policy is not to engage in any negotiations unless the City requests it. Mayor Anton commented this was not an item on tonight's Agenda and if a Commissioner wanted to discuss this matter, it should be placed on a future Regular City Commission Meeting Agenda. 11.2 Commission Summer Break Commissioner Flury motioned to cancel the July 10, 2007, City Commission meeting; 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 11.1 Discuss possibility of establishing a dedicated fund for Slot Machine Revenues— Commissioner Castro Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday,April 24,2007—7:00 p.m. Commissioner Castro would like to create a Special Fund which would protect a percentage of the revenues the City will receive from the Boyd Gaming development. She suggested preparing a Resolution stating these funds could not be used other than to address the impact on certain properties affected by the Dania Jai Alai project. Commissioner Castro thought the Resolution should include the approval by a super majority vote of the Commission. She requested the consensus of the Commission to direct the City Attorney to prepare a draft Resolution for their review. Commissioner Bertino agreed with Commissioner Castro and thought these funds should only be used for public safety in the neighborhoods that are directly impacted by the Boyd Gaming development. He suggested placing these funds in a separate category, not in the General Fund, for a considerable length of time. Commissioner Flury agreed to have these funds placed into a restricted fund, and use it at the Commission's discretion. However, she was not in favor of adding any restrictions to it, since this money could be used on an as needed basis, instead of having the General Fund pay for any supporting activity in the affected areas. Vice-Mayor Jones noted he agreed to creating a separate fund. However, he would like to understand how it would be handled so it will benefit the citizens of the Dania Beach. He suggested a Workshop to discuss this matter. Mayor Anton thought we needed a Special Fund, but agreed with Commissioner Flury that a number of problems may arise from the Casino establishment, such as public safety issues, and we would need to have access to those funds. Commissioner Bertino thought the mechanism was already in place. All we need is for the City Manager to have access to those funds and be able to justify its usage. Commissioner Castro commented there are other areas in the City that would be impacted by traffic, as well as safety issues that would need to be addressed. She would like the Resolution to include a "vote" and the funds to be placed in a separate account. Commissioner Castro further noted that if any money is used from that account, the Commission will have to approve it and have the opportunity to review it. She wanted to make sure that we are putting the money in the right place for a period of 3-5 years. City Manager Pato thought creating a Special Fund was the right thing to do, to be used at the Commission discretion with specific direction to the City Manager. He indicated we currently have a Contingency Fund that we replenish if money needs to be borrowed, so that would not be a problem. City Attorney Ansbro advised creating the Reserve Fund now would be premature, since there is no money being received yet. He suggested bringing it back as part of the 2008 Budget process and any changes would have to be adopted by Ordinance. Commissioner Castro reiterated she wanted a Resolution and a commitment for 3-5 years. Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday,April 24,2007—7:00 p.m. It was the consensus of the Commission to have City Attorney Ansbro bring back a Resolution for Commission approval. Mayor Anton clarified for the record that we will soon hold a Budget Strategic Planning Session which would give everyone the opportunity to discuss funding issues. He further commented that the tax reform being discussed in Tallahassee is a serious issue and people should keep their eyes open and make sure they understand what the impact will be, in the event it comes to the voters. 12. Appointments 12.1 Airport Advisor Vice-Mayor Jones appointed Sulie Spencer and Boisy N. Waiters, Jr. 12.2 Human Relations Board Vice-Mayor Jones appointed Clayton Bailey. 12.3 Marine Advisory Board Vice-Mayor Jones appointed Tom Grace. 12.5 Planning & ZoninQ Board Vice-Mayor Jones appointed Angeline Flowers. 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 Palo noted other cities have modified their fine schedule dealing with violations of the water restrictions. He would like to support the South Florida Water Management District with the implementation of water saving measures. If approved by the Commission, these adjustments will go into effect immediately. Minutes of Regular Meeting 16 Dania Beach City Commission Tuesday,April 24,2007—7:00 p.m. Commissioner Bertino motioned to accept the City Manager recommendation; 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 City Attorney Ansbro clarified for the record that people would always have the opportunity to come before the Special Magistrate to appeal their case. 13.2 City Attorney 13.2.1 N.O. I.S.E. Membership Renewal Mayor Anton thought there was no need to expend any money on this membership. He noted that if we need to renew that membership again, we would apply for it in the future. 13.3 City Clerk—Reminders Wednesday, May 2, 2007— 6:00 p.m. CRA Board Meeting Tuesday, May 8, 2007— 7:00 p.m. Regular City Commission Meeting Tuesday, May 15, 2007—6:00 p.m. Workshop—Auditor Interviews Thursday, May 17, 2007 - 6:00 p.m. Abatement Hearing Tuesday, May 22, 2007— 7:00 p.m. Regular City Commission Meeting 14. Adiournment Mayor Anton adjourned the meeting at 9:04 p.m. ATTEST: CITY OF DANIA BEACH n � l LOUISE STILSON, CMC BOB ANTON CITY CLERK MAYOR-COMMISSIONER Approved: May 8, 2007 Minutes of Regular Meeting 17 Dania Beach City Commission Tuesday,April 24,2007—7:00 p.m.