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HomeMy WebLinkAbout23441 - MINUTES - City Commission MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, AUGUST 14, 2007 - 7:00 P.M. 1. Call to Order Mayor Anton called the meeting to order at 7:07 p.m. 2. Invocation and Pledge of Allegiance Rabbi Avram Skurowitz, The Leon & Leona Brauser Maimonides Academy, gave the Invocation followed by the Pledge of Allegiance to the United States Flag. Mayor Anton took a moment to remember the BSO Officers who have recently been shot. He expressed his condolences to their families and wished Officer Hernandez, who is still in the hospital, a prompt recovery. 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 Special Event Request for the LaMesa RV Show and Sale at Bass Pro Shops on August 21-28, 2007 Commissioner Bertino motioned to approve the special event request for the LaMesa RV Show and Sale at Bass Pro Shops; 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 4.2 Presentation and motion to approve the City of Dania Beach Debt Management P Y g P Policy—Patricia Varney, Director of Finance (Continued from July 24, 2007) Patricia Varney, Director of Finance, presented a PowerPoint overview of the Debt Management Policy, which is attached to and incorporated into these minutes. She advised that during the annual budget process, staff will provide the Commission with a report as to the compliance of the criteria set forth in the Policy. Director Varney also indicated this Policy will be reviewed from time to time and changes will be made if necessary. Commissioner Flury congratulated Director Varney on the preparation of the Debt Policy. Mayor Anton commented that the implementation of a Debt Management Policy will enhance the City's ability to access the credit markets. He commended Director Varney and staff for putting together a very useful document. Commissioner Flury motioned to approve the City of Dania Beach Debt Management Policy; 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 Mayor Anton read a letter he sent to the Sun Sentinel regarding comments made by County Commissioner Stacey Ritter on her radio show. 5. Proclamations Addendum 5.1 St. Ruth Missionary Baptist Church 99th Anniversary Mayor Anton and Vice-Mayor Jones presented the St. Ruth Missionary Baptist Church 991h Anniversary Proclamation to Reverend Timothy Shellman, Sr. and Deacon Tom Grace. Citizen Comments was heard after Item#11.1 6. Citizen Comments Jeannine Trudeau, 25 SE 12th Street, questioned what could be done to eliminate undesirables from the City. Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,August 14,2007—7:00 p.m. Mayor Anton advised that the City has no authority to have anyone evicted from a property. It is up to the landlord to take the necessary action. However, if there is a Code violation involved, she could contact Assistant City Manager Colin Donnelly for a Code Officer to visit the place. He also suggested Ms. Trudeau speak with BSO Chief Peterson if there is any type of crime involved. Jonathan Thomas, 230 NW 8a' Avenue, spoke on the T.I.M.E. 4 KIDS program, where he previously worked. He questioned how the program could be combined with the ASP program. Mayor Anton indicated the T.I.M.E. 4 KIDS program was discussed at today's Workshop Meeting at 6:00 p.m. and the Commission consensus was to continue with the program using After School Programs, Inc. He suggested Mr. Thomas contact Assistant City Manager Colin Donnelly if he has any further questions. Commissioner Flury was pleased to see Mr. Thomas was concerned about our children. She noted Assistant City Manager Donnelly assured the Commission that ASP will provide the services that we previously offered to our students. Commissioner Flury hoped Mr. Thomas would be able to continue working with the program. 7. Consent Agenda Items removed from Consent Agenda: #7.9, #7.10 The Commission requested that future License renewals contain a statement that staff recommends renewal. 7.1 Minutes: Approve Minutes of the July 16, 2007 CIP Workshop Approve Minutes of the July 19, 2007 Abatement Hearing Approve Minutes of the July 24 Budget Workshop Approve Minutes of the July 24, 2007 City Commission Meeting 7.2 Travel Requests: Request of Vice-Mayor Albert Jones to attend the Florida League of Cities Annual Conference in Orlando, Florida, from August 16-19, 2007 (Estimated cost $984, remaining budget $6,983) 7.3 Renewal of Local Business Tax Receipt for a Palmistry/Fortune Teller License for Sylvia Sabrina Mitchell for property located at 2511 Stirling Road 7.4 Renewal of Local Business Tax Receipt for a Palmistry/Fortune Teller License for Rose Williams, d/b/a Rose, for property located at 1410 S. Federal Highway 7.5 Renewal of Local Business Tax Receipt for a Palmistry/Fortune Teller License for Peggy Lee, d/b/a Peggy Lee, for property located at 219 N. Federal Highway Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,August 14, 2007—7:00 p.m. 7.6 Renewal of Local Business Tax Receipt for a Palmistry/Fortune Teller License for Elizabeth Miller, d/b/a Astrology Fortune Teller, for property located at 2730 Griffin Road 7.7 Renewal of Local Business Tax Receipt for an Auctioneer License for Jay Kodner for property located at 45 S. Federal Highway 7.8 Renewal of Local Business Tax Receipt for an Auctioneer License for Jay Kodner for property located at 6 S. Federal Highway Resolutions 7.9 RESOLUTION 42007-139 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AMENDMENT TO THE BUS BENCH ADVERTISING CONTRACT EXISTING BETWEEN THE CITY AND MARTIN OUTDOOR MEDIA, INC. TO PROVIDE FOR AN EXTENSION OF THE LENGTH OF THE TERM SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2007-139. Commissioner Flury was concerned that some sidewalks in the City are narrow and we may have ADA issues. She suggested renewing the contract for one year, replace the benches where there is enough space, and have an ADA Consultant check the sidewalks. Commissioner Bertino shared Commissioner Flury's concerns about the sidewalks and agreed to have the contract renewed for one year. He also noted we need to install bus shelters to provide our residents with shelter from the rain and the sun. City Attorney Ansbro indicated Broward County was sued in an ADA claim regarding accessibility at bus stops. He advised we have a contract for bus shelters with Clear Channel. They are currently re-designing the areas where the bus shelters will be located in order to comply with Broward County ADA requirements. Scott Martin, Martin Outdoor Media, noted they cannot place the new benches on grass, however they have been installing concrete and building a pad in the swale to install the benches. They will work with the Assistant City Manager to insure that the benches meet ADA requirements. The reason for the three-year contract is due to the cost of the benches. He clarified for Vice- Mayor Jones that the benches are painted with a rubberized paint to eliminate the hot temperature. Commissioner Castro clarified with City Attorney Ansbro that if a bench is not ADA compliant, Martin Outdoor Media will immediately take care of the problem. She understood that a one year contract would be too short considering the company's investment, and suggested renewing the contract for two years. Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,August 14, 2007—7:00 p.m. Commissioner Flury motioned to adopt Resolution #2007-139, for a two year contract; 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 7.10 RESOLUTION #2007-140 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, URGING THE GOVERNOR OF THE STATE OF FLORIDA TO CREATE BY EXECUTIVE ORDER A SPECIAL STATEWIDE PANEL OF INTERDISCIPLINARY EXPERTS TO STUDY THE RECENT RISE IN VICIOUS DOG ATTACKS; REQUESTING THAT THIS SPECIAL PANEL EXAMINE THE EXTENT OF THE VICIOUS DOG PROBLEM THROUGHOUT THE STATE OF FLORIDA, AS WELL AS CONSIDER THE CAUSES AND IDENTIFY POTENTIAL SOLUTIONS TO THE RECENT INCREASE IN DOG ATTACKS; SPECIFICALLY URGING THE PANEL OF EXPERTS TO STUDY THE EXTENT TO WHICH DOG OWNERS MAY BE HELD ACCOUNTABLE FOR INJURIES AND DAMAGE CAUSED AS A RESULT OF DOG BITES; URGING THAT THE SPECIAL PANEL BE COMPRISED OF INDIVIDUALS OF VARIOUS RELEVANT BACKGROUNDS AND DISCIPLINES, AND ASKING THAT THE PANEL HOLD PUBLIC HEARINGS TO SOLICIT THE INPUT OF THE GENERAL PUBLIC; REQUESTING THAT THE PANEL MAKE SPECIFIC RECOMMENDATIONS TO THE GOVERNOR, THE LEGISLATURE OF THE STATE OF FLORIDA, COUNTY COMMISSIONS THROUGHOUT THE STATE AS WELL AS CITY COMMISSIONS THROUGHOUT THE STATE IN AN EFFORT TO PROTECT PUBLIC SAFETY WHILE ENSURING THE RIGHTS AND RESPONSIBILITIES OF DOG OWNERS THROUGHOUT THE STATE; OFFERING THE CITY OF DANIA BEACH, FLORIDA AS A TEST VENUE TO INITIATE THE STUDY BY THE STATEWIDE PANEL OF EXPERTS; DIRECTING THAT THIS RESOLUTION BE FORWARDED TO THE GOVERNOR, MEMBERS OF THE FLORIDA LEGISLATURE, THE BROWARD COUNTY LEGISLATIVE DELEGATION, THE BROWARD COUNTY LEAGUE OF CITIES, THE FLORIDA LEAGUE OF CITIES, AND THE BROWARD COUNTY COMMISSION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution 42007-140. He noted this is modeled from a resolution from the City of Pembroke Pines. Commissioner Castro explained that the purpose of this Resolution is to ask the Governor to conduct a study to see what can be done to control vicious dog attacks. She indicated that the designated committee may find that we do not qualify to be the test venue, but she would still like to support the creation of this statewide panel of experts. Commissioner Flury motioned to adopt Resolution #2007-140; 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 7.11 RESOLUTION #2007-141 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE MICROSOFT LICENSES FOR CITY COMPUTERS IN AN AMOUNT NOT TO EXCEED Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday,August 14,2007—7:00 p.m. $20,461.00, UNDER THE STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES CONTRACT NO. 255-001-01-1, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.12 RESOLUTION 42007-144 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE REPLACEMENT AND INSTALLATION OF SIDEWALK SERVICES IN AN AMOUNT NOT TO EXCEED $30,000.00 IN FISCAL YEAR 2006-2007, FROM MEF CONSTRUCTION INC. UNDER SOUTHEAST FLORIDA GOVERNMENTAL COOPERATIVE GROUP BID #05-06-012; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.13 RESOLUTION #2007-145 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE BULK HIGH-CALCIUM QUICKLIME FROM CARMEUSE LIME, INC., IN AN AMOUNT NOT TO EXCEED $30,000.00 IN FISCAL YEAR 06/07, UNDER THE CARMEUSE PROPOSAL OF CITY OF TAMARAC BID #06-33B; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.14 RESOLUTION #2007-146 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE LAWN AND LANDSCAPE MAINTENANCE SERVICES IN AN AMOUNT NOT TO EXCEED $31,050.00 FROM PRESTIGE PROPERTY MANAGEMENT AND MAINTENANCE, INC. WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Ordinances (Titles read by City Attorney) 7.15 ORDINANCE 92007-017 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 INCREASE THE PARKING FEES FOR MOTOR VEHICLES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.16 ORDINANCE #2007-018 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA REPEALING SECTION 11-46.1 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, ENTITLED "ESTABLISHMENT OF FEES" AND CREATING A NEW SECTION 11-46.1 TO ALSO BE ENTITLED "ESTABLISHMENT OF FEES" TO INCREASE FEES IN ORDER TO PROVIDE ADEQUATE FUNDING FOR THE RISING COST OF PROVIDING FIRE SAFETY INSPECTION SERVICES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.17 ORDINANCE#2007-019 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA REPEALING SECTION 25-127 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,August 14,2007—7:00 p.m. ENTITLED "VARIANCE"; 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 #7.9 and #7.10; 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 8. Bids and Requests for Proposals 8.1 RESOLUTION 42007-143 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH ELECTRICAL CONTRACTING SERVICE, INC. FOR THE FROST PARK FIELD LIGHTING POLE REPLACEMENT PROJECT IN AN AMOUNT NOT TO EXCEED $39,854.00; PROVIDING FOR CONFLICTS; PROVIDING FOR FUNDING, FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2007-143. Commissioner Flury motioned to approve Resolution #2007-143; 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 #2007-014 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 GENERALLY NORTH OF THE DANIA CUT-OFF CANAL AND SOUTH OF TAYLOR LANE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance#2007-014. Mayor Anton opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,August 14,20D7—7:00 p.m. Commissioner Flury motioned to adopt Ordinance 42007-014, 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 9.2 ORDINANCE #2007-015 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REQUEST BY SALTZ MICHELSON ARCHITECTS REPRESENTING THE PROPERTY OWNER, BROWARD INTERNATIONAL COMMERCE CENTER, INC., TO REZONE PROPERTY LOCATED AT 280 BRYAN ROAD, 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 C-3 (COMMERCIAL), TO C-4 (COMMERCIAL); SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the title of Ordinance #2007-015. Laurence Leeds, AICP, Community Development Director, explained the location of the property. He noted the applicant is requesting a zoning change and has indicated the use of the buildings will be limited to office and warehouse. The Planning and Zoning Board recommended approval of the rezoning. Gerry Knight, Attorney for the applicant, advised that the site plan and variance requests will be presented at the second reading of the zoning change ordinance. He noted they have reached an agreement with the Ocean Waterway Mobile Home Park representatives. Mayor Anton opened the Public Hearing. Neil Schiller, Becker & Poliakoff, Attorney representing Ocean Waterway Co-Op, Inc., confirmed they have reached a mutually beneficial agreement to all parties involved in this project. Seeing as there was no one else to speak in favor or opposition, Mayor Anton closed the Public Hearing. Commissioner Bertino motioned to adopt Ordinance#2007-015, on first 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 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. Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,August 14,2007—7:00 p.m. 9.3 ORDINANCE 42007-016 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN IN RESPONSE TO A REQUEST BY FLORIDA POWER AND LIGHT, TO REDESIGNATE FROM "CONSERVATION" TO "UTILITIES" CERTAIN PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF SE 5T" AVENUE, BETWEEN SE 3RD STREET AND SE 3RD TERRACE (301 SE 5T" AVENUE), DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Commissioners Castro and Bertino, Vice-Mayor Jones and Mayor Anton noted they were contacted by Lynn Shatas of Florida Power and Light. City Attorney Ansbro read the title of Ordinance 42007-016. Laurence Leeds, AICP, Community Development Director, explained the location and history of the property. He noted that today's request is to expand the existing concrete pad to 30% of the site. If the Commission approves to change the use from "Conservation" to "Utilities", the applicant no longer has to come before the Commission for future expansion or site plan review. Dennis Mele, of the law firm Ruden, McClosky, Attorney for the applicant, presented photos showing how the property currently looks and how it will look after the construction. The substation will be upgraded in order to provide more electricity for the residents of Dania Beach. They agreed to sign a Declaration of Restrictive Covenants stating that they are using this for a substation and that they will need Commission approval if they plan to expand in the future. Mayor Anton opened the Public Hearing. Teddy Bohanan, SW 15`h Street, questioned if the Commission could go against state law. She questioned if studies were conducted as to the effects of the equipment and health issues. Mayor Anton clarified they were volunteering to the conditions. He also confirmed they are not adding any overhead lines or any different equipment than what they currently have. Seeing as there was no one else to speak in favor or opposition, Mayor Anton closed the Public Hearing. Mayor.Anton would like City Manager Palo to meet with Ms. Shatas of FPL to discuss the City's landscaping requirements for the Linear Park. Vice-Mayor Jones motioned to adopt Ordinance #2007-016, on first 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 9 Dania Beach City Commission Tuesday,August 14,2007—7:00 p.m. 9.4 RESOLUTION 42007-138 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY RABBI ANDREW SKUROWITZ ON BEHALF OF MAIMONIDES SHALOM ACADEMY, INC., FOR PROPERTY LOCATED AT 5300 SW 40T" AVENUE, IN THE CITY OF DANIA BEACH, FLORIDA;PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2007-138. Laurence Leeds, AICP, Community Development Director, explained the location of the property. He noted the applicant is requesting a site plan for the development of a 2-story classroom building. The site plan meets all requirements, and the Planning and Zoning Board recommended approval of the request. Manny Synalovski, Attorney representing the applicant, thanked the Commission and staff for their support of this project. 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 Resolution 02007-138; 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 Mayor Anton thanked Rabbi Skurowitz and Maimonides Shalom Academy for their help whenever there is a community meeting in that area. They have provided water and restroom facilities for the residents on many occasions. He recognized them for being good corporate neighbors. 10. Commission Comments 10.1 Commissioner Bertino Commissioner Bertino had no comments. 10.2 Commissioner Castro Commissioner Castro questioned if we could take down the old Spinning Wheel sign. She asked City Manager Palo to bring back information at the next Commission meeting. Commissioner Castro congratulated St. Ruth Missionary Baptist Church on celebrating their 991h Anniversary. Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,August 14,2007—7:00 p.m. Commissioner Castro expressed her sympathies to the family of the BSO officer who passed away, and wished a quick recovery to the one who is still in the hospital. Commissioner Castro indicated that she and Joe Van Eron will attend the 401h Annual Florida Governor's Conference on Tourism, August 25-26, 2007. Commissioner Castro advised she asked staff to prepare an ordinance regarding fruit and vegetable stands. She thought we needed to prepare for redevelopment and encourage outdoor shopping and a pedestrian environment. Director Leeds asked for direction to start the ordinance process by bringing it to the Planning and Zoning Board and eventually to the Commission. It was the consensus of the Commission to move forward with the preparation of the ordinance. 10.3 Commissioner Flury Commissioner Flury extended her sympathies to the BSO families in general. Commissioner Flury questioned what we have done for Dania Elementary in recognition of their accomplishments and becoming an "A" school. City Manager Palo will contact the Principal to see what they would like us to do. Commissioner Flury noted she attended the meeting in the SW community and was pleased to see there had been some improvement. She asked for the status on the work to be done on Sheridan Street and SW 2nd Avenue, as well as Dixie Highway and SW 2"d Avenue. Dominic Orlando, Director of Public Services, responded they already obtained the permits from FDOT for the Sheridan Street work. They were looking for a contract to piggyback so they did not have to go out to bid, however the contracts are too high, so we will go out to bid. As regards the Dixie Highway intersection, he noted we asked the County to do a traffic count to see if they would be willing to install 4-way traffic stops as opposed to the circle on Dixie Highway. Director Orlando advised that we are making progress with the projects on Dania Beach Boulevard. 10.4 Vice-Mayor Jones Vice-Mayor Jones also extended condolences to the BSO families. Vice-Mayor Jones noted we need to enforce our Noise Ordinance on weekends. He asked BSO Chief Peterson to look into the matter. Vice-Mayor Jones advised the Curry family sends their best wishes to the City of Dania Beach. Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday,August 14, 2007—7:00 p.m. Vice-Mayor Jones invited everyone to attend St. Ruth Missionary Baptist Church's celebration next Sunday. Vice-Mayor Jones noted that at the request of Faye Bartelmes he asked the hospital district about the possibility of Medicare patients using their primary care facility. He was advised that seniors cannot use the primary care facility since it is only intended for patients without any type of insurance. Vice-Mayor Jones reminded everyone that the school year starts Monday, August 20. He encouraged fathers to take their kids to school on the first day and follow the initiative for the "Million Fathers March". This will get fathers involved in their children's education. 10.5 Mayor Anton Mayor Anton reminded everyone to pay attention when driving in the school zones when the children are back in school. Mayor Anton noted we are approaching peak hurricane season. He encouraged everyone to get prepared and be informed. Mayor Anton advised he attended the Florida Inland Navigation District (FIND) meeting held last week in the Conference Room, regarding the dredging of the Dania Cut-Off Canal. He commented on the issue of the spoils. Mayor Anton pointed out that we do not want to pay a portion of the cost if the spoils help build a runway. Another issue discussed at the meeting was permitting. He noted we should get a blanket permit which would allow the neighbors to do anything with their seawalls. Mayor Anton also indicated that another subject discussed was the problem with the US 1 Bridge over the Dania Cut-Off Canal. He assured FIND representatives that the City will support this project as long as some of our concerns are addressed. Mayor Anton recommended we meet with businesses that will benefit from the dredging, to see if they will share the costs with the City. He would like consensus from the Commission to move forward, with the condition that the spoils will not be used for the airport expansion. Discussion followed among the Commission regarding the main purpose of this project. Mayor Anton noted we are trying to attract marine businesses which will benefit the City. He thought this was a good opportunity for the City since FIND would be paying 75 percent of the cost to dredge this area. Commissioner Castro thought it was a good economic project. Mayor Anton commented he and City Manager Palo participated in a conference call from Boyd Gaming. They assured the City their intentions to move forward with the development of Dania Jai Alai. However, they are waiting to see what type of settlement is reached between the Governor and the Indians. He indicated this decision may delay the project by approximately one year. Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,August 14,2007—7:00 p.m. Commissioner Bertino confirmed Boyd Gaming is processing their permits with Broward County in a timely manner, which proves they wish to move forward with the project. 11. Discussion and Possible Action Item #]LI was heard before Citizen Comments 11.1 Request by the I.T. Parker Community Center Advisory Board to use $3,895.00 from the I.T. Parker Trust Fund Account to install a new brick paver walkway at the entrance of I.T. Parker Community Center—Kurt Ely Kurt Ely, Chairman of the I.T. Parker Community Center Advisory Board, distributed a drawing to the Commission which shows the proposed installation of a new brick pavers walk way at the entrance of I.T. Parker Community Center. Three quotes were obtained and staff recommended the lowest one of$3,895.00. Commissioner Bertino motioned to approve the use of$3,895.00 from the I.T. Parker Trust Fund Account; 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 Item #11.2 was heard after Commission Comments 11.2 Proposed Broward County Charter amendment granting the Broward County Planning Council authority over a municipality's decision to approve or deny a closure of a City roadway— City Manager Palo City Manager Palo noted a letter was sent to the County expressing staffs concern over giving control of our local streets to the County. He asked Commissioner Castro, who serves on the Broward County Planning Council, to explain the proposed Charter change. Commissioner Castro was disturbed that she was not consulted before the letter was sent to the Planning Council. She explained this has to do with the litigation going on between the cities of Pembroke Pines and Southwest Ranches and Broward County. She noted she would withdraw the resolution if the rest of the Commission so wished. Mayor Anton expressed concerns about: 1) if we have to deal with an airport-related issue and a future need arises where we have to access properties in the west part of the City; and 2) if we ever had a dispute with Hollywood over any roads, because we are a smaller town, there is no doubt that they would prevail in dealing with the problem. Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday,August 14,2007—7:00 p.m. 11.3 RESOLUTION 42007-142 — Commissioner Castro Withdrawn A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, SUPPORTING THE BROWARD COUNTY PLANNING COUNCIL'S PROPOSED AMENDMENT TO THE BROWARD COUNTY CHARTER AUTHORIZING BROWARD COUNTY, AT THE REQUEST OF AN AFFECTED MUNICIPALITY, TO APPROVE OR DENY ACTION BY MUNICIPALITIES WITH REGARDS TO ROAD CLOSURES BASED UPON THE EFFECT SUCH ACTION WOULD HAVE ON THE ACCESS TO ESSENTIAL SERVICES; URGING ALL MUNICIPALITIES IN BROWARD COUNTY,THE BROWARD COUNTY CHARTER REVIEW COMMISSION, THE BROWARD COUNTY COMMISSION, THE BROWARD LEAGUE OF CITIES, AND THE ELECTORS OF BROWARD COUNTY TO SUPPORT THE PLANNING COUNCIL'S PROPOSED CHARTER AMENDMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Castro withdrew the Resolution. 12. Appointments There were no appointments made at this meeting. 13. Administrative Reports 13.1 City Manager Palo City Manager Palo had no comments. 13.2 City Attorney Ansbro City Attorney Ansbro had no comments. 13.3 City Clerk—Reminders Tuesday, August 28, 2007 — 7:00 p.m. Regular City Commission Meeting Wednesday, September 5, 2007 —6:00 p.m. CRA Board Meeting Tuesday, September 11, 2007—7:00 p.m. Regular City Commission Meeting Wednesday, September 12, 2007 — 7:00 p.m. I" FY 07/08 Budget Public Hearing Wednesday, September 19, 2007 — 7:00 p.m. Final FY 07/08 Budget Public Hearing Thursday, September 20, 2007— 6:00 p.m. Abatement Hearing Tuesday, September 25, 2007— 7:00 p.m. Regular City Commission Meeting Mayor Anton advised that there will be an all-day Broward County Workshop Meeting dealing with airport-related matters on Tuesday, September 4, 2007, starting at 9:00 a.m. The meeting will be televised on Channel 12. Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday,August 14,2007—7:00 p.m. 14. Adjournment Mayor Anton adjourned the meeting at 9:37 p.m. AT EST: CITY OF DANIA BEACH LOUISE STILSON, CMC $OB ANTO CITY CLERK MAYOR-COMMISSIONER Approved: August 28, 2007 Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday,August 14,2007—7:00 p.m.