HomeMy WebLinkAbout29817 - MINUTES - City Commission MINUTES OF REGULAR MEETING
DANIA BEACH CITY COMMISSION
TUESDAY, SEPTEMBER 25, 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
Deputy City Clerk: Miriam Nasser
4. Presentations and Special Event Approvals
4.1 Special Event Request for the St. Maurice Country Fair, to be held at 2851 Stirling
Road on November 8-11, 2007
Commissioner Flury motioned to approve the special event request for the St. Maurice
Country Fair; 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 Special Event Request for the Susie Edwards Wedding, to be held near the Dania
Beach Pier on October 7, 2007 from 4:00 p.m. — 8:00 p.m.
Commissioner Castro motioned to approve the special event request for the Susie Edwards
wedding; 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
4.3 Request for a fee waiver for the I.T. Parker Community Center by the Dania Beach
Lions Club for their Annual Cabinet Breakfast Meeting from 7:00 a.m. to 12:00 noon,
on October 21, 2007
Commissioner Bertino motioned to approve the fee waiver for the I.T. Parker Community
Center by the Dania Beach Lions Club; 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 Request for a fee waiver for the I.T. Parker Community Center by the Dania Beach
Improvement Committee for their Annual Halloween Fund Raiser, at 6:00 p.m., on
October 27, 2007
Commissioner Castro motioned to approve the fee waiver for the I.T. Parker Community
Center by the Dania Beach Improvement Committee; 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
5. Proclamations
5.1 Bromeliad Society of Broward County 43`d Anniversary
Mayor Anton presented the Bromeliad Society Proclamation to Colleen Hendrix, President of the
Bromeliad Society of Broward County.
Ms. Hendrix thanked the Commission for the Proclamation and invited everyone to attend their
statewide extravaganza next weekend at the Hilton Hotel on Griffin Road and I-95, from 9:00
a.m.-4:00 p.m.
Minutes of Regular Meeting 2
Dania Beach City Commission
Tuesday,September 25,2007—7:00 p.m.
6. Citizen Comments
Larry Nadeau, representing the General Employees Union, expressed his concern on the City's
position regarding the Cost of Living Adjustment (COLA) increase for its employees. He noted
employees work hard and save the City money by completing complex jobs with very few
people. Mr. Nadeau pointed out that the General Employees Union made a lot of concessions
when they negotiated the last contract. He requested the Commission and all "Exempt" City
employees hold their two percent increase in abeyance until this matter is resolved.
Terry Peterson, representing the General Employees Union, noted that the Negotiation Team had
presented a proposal with 14 articles, hoping to reach an agreement. They were told by
management that the proposed 2% Cost of Living Adjustment (COLA) increase was based on
Commission directive. She noted that because management is not willing to discuss any other
articles proposed by the Union, they have no choice but to bring it before the Commission. Ms.
Peterson requested consideration of their most recent proposal which has been reduced
considerably from the original submission.
Abroad Thomas, 233 NW 14 Court, City employee, thought that employees had to fight for their
raise. He asked for reconsideration of the Union's proposal.
7. Consent Agenda
Item #7.8 was withdrawn from the Consent Agenda
Items pulledfrom ConsentAgenda: #7.5, #7.9, #7.10, #7.11, #7.12, #7.16, #7.18, #7.22 and
#7.23
7.1 Minutes:
Approve Minutes of the September 12, 2007 Budget Public Hearing
Resolutions
7.2 RESOLUTION #2007-166
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPOINTING
THE RHODES INSURANCE GROUP AS HEALTH CARE CONSULTANT FOR AN AMOUNT NOT TO
EXCEED $18,000.00 FOR FISCAL YEAR 2007-08; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
7.3 RESOLUTION #2007-170
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY
OFFICIALS TO RENEW AN AGREEMENT WITH AVMED HEALTH PLANS TO PROVIDE A SELF-
FUNDED OPEN ACCESS POINT OF SERVICE ("POS") PLAN TO ELIGIBLE EMPLOYEES, RETIREES OR
BOTH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Minutes of Regular Meeting 3
Dania Beach City Commission
Tuesday,September 25,2007—7:00 p.m.
7.4 RESOLUTION 42007-168
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO PURCHASE FLOOD INSURANCE FROM AMERICAN
BANKERS INSURANCE COMPANY OF FLORIDA IN AN AMOUNT NOT TO EXCEED $18,915.00 FOR
THE PERIOD EXTENDING FROM OCTOBER 1, 2007 THROUGH SEPTEMBER 30, 2008; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE
7.5 RESOLUTION #2007-167
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY
OFFICIALS TO RENEW AN AGREEMENT WITH THE MAXON COMPANIES TO PROVIDE CLAIMS
ADMINISTRATION FOR A SELF-FUNDED DENTAL, VISION AND DISABILITY PLAN TO ELIGIBLE
EMPLOYEES, RETIREES OR BOTH, IN AN AMOUNT NOT TO EXCEED $9,000.00 FOR FISCAL YEAR
2007-08;PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution 42007-167.
Commissioner Flury questioned if we had an acceptable level of satisfaction with Maxon.
Mary McDonald, Human Resources/Risk Management Director, noted Maxon is sometimes
slow when processing claims but the employees are pleased to have a wide open network. She is
planning to go out to bid for these services next year.
Commissioner Flury motioned to adopt Resolution #2007-167; 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
7.6 RESOLUTION #2007-169
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY
OFFICIALS TO EXECUTE A MEMORANDUM OF UNDERSTANDING AMENDING THE COLLECTIVE
BARGAINING AGREEMENT EXISTING BETWEEN THE CITY OF DANIA BEACH AND THE DANIA
BEACH ASSOCIATION OF FIRE FIGHTERS, LOCAL 3080 OF THE INTERNATIONAL ASSOCIATION OF
FIRE FIGHTERS COVERING THE PERIOD SEPTEMBER 27, 2005 THROUGH SEPTEMBER 30, 2007;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
7.7 RESOLUTION #2007-176
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RENEWING PACKAGE INSURANCE
THROUGH PUBLIC RISK INSURANCE AGNENCY (TO INCLUDE COVERAGES FOR PROPERTY AND
CASUALTY, CRIME AND EMPLOYEE DISHONESTY, GENERAL LIABILITY, AUTOMOTIVE LIABILITY
AND PHYSICAL DAMAGE, PUBLIC OFFICIALS LIABILITY, EMPLOYMENT PRACTICES LIABILITY,
STATUTORY ACCIDENTAL DEATH AND DISMEMBERMENT AND WORKERS' COMPENSATION) AND
CONSULTING SERVICES CONTRACTED WITH EQUUS INSURANCE, IN A COMBINED TOTAL NOT TO
EXCEED $1,130,810.OD FOR THE PERIOD BEGINNING OCTOBER 1, 2007 THROUGH SEPTEMBER 30,
2008, PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Minutes of Regular Meeting 4
Dania Beach City Commission
Tuesday,September 25,2007—7:00 p.m.
7.8 RESOLUTION #2007-177
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING
RESOLUTION NO. 2006-003, WHICH APPOINTED NANCY E. STROUD OF THE LAW FIRM OF LEWIS,
STROUD AND DEUTSCH, P.L. TO REPRESENT THE CITY IN LAND USE MATTERS AND RELATED
MATTERS AS SPECIAL CITY ATTORNEY, TO ADJUST THE RATE OF COMPENSATION; PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro withdrew Resolution 42007-177 from the Consent Agenda.
7.9 RESOLUTION #2007-186
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,AUTHORIZING AN ADJUSTMENT OF THE
SALARY PAID TO THE CITY MANAGER PURSUANT TO THE CITY MANAGER EMPLOYMENT
CONTRACT EXISTING BETWEEN IVAN PATO AND THE CITY OF DANIA BEACH, FLORIDA;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution #2007-186.
Commissioner Castro requested the Commission consider maximizing what the pay-out is for the
City Manager and the City Attorney because both of their salaries are more than competitive in
the market. She suggested giving the Human Resources Director some direction as to how that
can be accomplished.
Vice-Mayor Jones confirmed with City Attorney Ansbro that he could still vote on this item,
despite the fact that he did not participate in the evaluations.
Director McDonald indicated we do not currently have salary ranges for these two positions and
they are both contractual employees.
It was the consensus of the Commission to have the Human Resources Director develop a salary
range based on a comparison from other municipalities comparable to our size.
Commissioner Castro motioned to adopt Resolution #2007-186, with the understanding
that we would revisit this issue with a proposal to cap the salaries for City Manager and
City Attorney; 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
7.10 RESOLUTION #2007-180
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE AN ENGAGEMENT LETTER WITH TIDEWATER CONSULTING INCORPORATED FOR THE
PROVISION OF CONSULTING SERVICES IN CONNECTION WITH THE 2007 SPECIAL FLORIDA
Minutes of Regular Meeting 5
Dania Beach City Commission
Tuesday,September 25,2007—7:00 p.m.
LEGISLATIVE SESSIONS AND THE 2008 FLORIDA LEGISLATIVE SESSION; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution 42007-180.
Commissioner Castro questioned whether we should continue spending money on a lobbyist in
Tallahassee. She thought these consultants were not doing anything for the City.
Vice-Mayor Jones thought we should go out to bid to see what is available within our own
community. He pointed out that $60,000 is a lot of money and felt that using a big name was not
helping the City.
Commissioner Bertino noted it is hard to measure what the City gets in return from a lobbyist,
and pointed out that Tidewater is an excellent firm. He further noted that we should have some
high quality people advising the legislators in Tallahassee so they do not make ridiculous cuts.
He thought this was money well spent.
Commissioner Flury noted it does not appear we have had great results from Tidewater. She did
not think a local firm would be beneficial because they are already employed by the County, and
they get more money than what we offer. Commissioner Flury was concerned about being
without a lobbyist since there is too much happening in the upcoming months, and we need
someone to represent us in Tallahassee.
Commissioner Flury motioned to adopt Resolution 42007-180; seconded by Commissioner
Bertino.
Vice-Mayor Jones pointed out that Tidewater is a good firm, but maybe not for us. He
reaffirmed that he would rather hire a firm that would be willing to serve us better and bring back
some results.
City Attorney Ansbro suggested deferring this Resolution until the next Commission meeting so
he can do some research. However, he thought it would not be advisable to stay without a
lobbyist at this time.
Mayor Anton noted he was disappointed to see that Tidewater did not come back with any good
results for the City. However, he thought this might not be the right time to change. Mayor
Anton pointed out that representatives of the General Employees Union were demanding their
raise be considered tonight. Unfortunately, if the Tax Reform is approved, several cuts will be
implemented and we will not be able to provide some services when the citizens want their
problems solved. He recommended keeping Tidewater for another year, and have the City
Attorney research other firms.
Commissioner Flury withdrew her motion.
Commissioner Flury suggested deferring the approval tonight and preparing and RFP to get
another consultant that everyone would be comfortable with.
Minutes of Regular Meeting 6
Dania Beach City Commission
Tuesday,September 25,2007—7:00 p.m.
Commissioner Bertino confirmed with City Attorney Ansbro that Tidewater's services could be
terminated with a 30-day notice. He thought that this time was crucial and we should have
representation in Tallahassee. Commissioner Bertino suggested extending their contract for one
year and searching for someone else in the meantime.
City Attorney Ansbro clarified for the Commission that Tidewater can continue to represent the
City until we give them a 30-day notice of their termination.
Commissioner Bertino motioned to approve Resolution #2007-180, for a one year extension.
The motion died for lack of a second.
Commissioner Castro motioned to deny Resolution 92007-180; seconded by Commissioner
Flury.
City Attorney Ansbro reiterated that the City will have no representation if the Resolution is
denied.
The motion carried on the following 4-1 Roll Call vote:
Commissioner Bertino No Vice-Mayor Jones Yes
Commissioner Castro Yes Mayor Anton Yes
Commissioner Flury Yes
7.11 RESOLUTION 42007-173
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO
PURCHASE CARPET AND VCT TILE FOR CITY HALL FROM MOHAWK CARPET DISTRIBUTION LP, IN
AN AMOUNT NOT TO EXCEED $19,500.00, UNDER STATE OF FLORIDA CONTRACT NO. 360-240-06-1,
WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution #2007-173.
Commissioner Flury confirmed with Finance Director Varney that $19,500.00 includes
installation. She noted she would rather use a local vendor and not a State contract for this type
of service.
Director Varney advised that it was difficult to find someone locally who would give us a quote.
Commissioner Flury motioned to adopt Resolution #2007-173; 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,September 25,2007—7:00 p.m.
7.12 RESOLUTION #2007-183
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT WITH ADVANCED DATA PROCESSING, INC., FOR RESCUE
AMBULANCE BILLING AND RELATED PROFESSIONAL SERVICES, UNDER AGREEMENT WITH THE
CITY OF MIRAMAR, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS;
PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution #2007-183.
Commissioner Flury questioned if the performance of the company would be considered
acceptable compared to other companies, as regards collection rates.
Michael Cassano, Deputy Fire Chief, advised we bill out thirty percent and we collect only five
percent. He added that we are falling further below the average. He suggested holding a
Workshop in the near future to review the transport fees and create a better program for the City.
Commissioner Flury agreed to have a Workshop to discuss this matter in detail. She also noted
she does not like automatic renewals on contracts. Commissioner Flury asked City Manager
Pato to look into the automatic renewal section of the contract.
Commissioner Flury motioned to adopt Resolution #2007-183; seconded by Commissioner
Castro.
Deputy Fire Chief Cassano responded for Vice-Mayor Jones that our contract with Advanced
Data Processing Inc. has proven to be beneficial to the City. He noted the City may terminate
this agreement by giving them a 30-day notice.
Darryl M. Hartung, Senior Manager, Advanced Data Processing Inc., clarified for the
Commission that hospital data sharing allows them to share the insurance information of patients
transported in all municipalities with other companies. He noted this is just for billing purposes
and this information is not sold to anyone.
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
7.13 RESOLUTION #2007-174
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO
CONTRACT FOR THE PURCHASE OF SUPPLIES, SERVICES, EQUIPMENT AND MATERIALS FROM
MEMORIAL REGIONAL HOSPITAL IN AN AMOUNT NOT TO EXCEED $20,000.00 FOR FISCAL YEAR
2007-2008, FOR THE PURCHASE OF MEDICAL SUPPLIES AND PHARMACEUTICALS, WITHOUT
COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Minutes of Regular Meeting 8
Dania Beach City Commission
Tuesday,September 25,2007—7:00 p.m.
7.14 RESOLUTION #2007-175
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO
CONTRACT FOR THE PURCHASE OF SUPPLIES, SERVICES, EQUIPMENT AND MATERIALS FROM THE
BROWARD SHERIFF'S OFFICE, DEPARTMENT OF FIRE-RESCUE, IN AN AMOUNT NOT TO EXCEED
$30,000.00 FOR FISCAL YEAR 2007-2008, FOR THE PURCHASE OF MEDICAL SUPPLIES AND
PHARMACEUTICALS, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR
BIDS; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
7.15 RESOLUTION #2007-184
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE EXPENDITURE OF A SUM NOT TO EXCEED $75,000.00 FOR FISCAL YEAR 2007-
2008 AND THE SUCCEEDING TWO YEARS IN CONNECTION WITH THE RENEWAL OF THE
PREVENTIVE MAINTENANCE AND REPAIR SERVICES AGREEMENT EXISTING BETWEEN THE CITY
OF HOLLYWOOD AND THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
7.16 RESOLUTION #2007-181
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY
OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF HOLLYWOOD AND THE CITY OF
DANIA BEACH PROVIDING FOR JOINT COVERAGE, AUTOMATIC AND MUTUAL AID OF FIRE
SERVICES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution#2007-181.
Commissioner Castro asked Deputy Fire Chief Cassano if we were getting a good deal with this
agreement.
Michael Cassano, Deputy Fire Chief, responded it is a great deal. He further indicated that we
have established a "Closest Unit Response" program which allows for the sharing of Advanced
Life Support Transport Units and all types of fire suppression units to serve both cities with
various emergency response scenarios. It also allows for the sharing of Incident Commanders
(IC) Battalion Chiefs, the utilization of Hollywood Fire Rescues' EMS Road Captain on all
structure fires and the use of the Hazardous Materials, Technical Rescue Team and Dive Team as
part of the agreement.
Commissioner Castro clarified with Deputy Fire Chief Cassano that we run one third of the calls
to the Hard Rock Caf6 and Casino.
Commissioner Castro motioned to adopt Resolution #2007-181; 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 9
Dania Beach City Commission
Tuesday,September 25,2007—7:00 p.m.
7.17 RESOLUTION 42007-178
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PURCHASE OF
COMPUTER HARDWARE, EXTENDED WARRANTY AND A VEHICLE LAPTOP STAND FOR THE CODE
COMPLIANCE DIVISION NOT TO EXCEED $4,000.00 FROM INSIGHT, WITHOUT COMPETITIVE
BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR FUNDING, PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
7.18 RESOLUTION #2007-179
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO
PURCHASE A VEHICLE FOR THE CODE COMPLIANCE DIVISION IN THE AMOUNT OF $13,313.00
FROM DUVAL FORD,UNDER THE FLORIDA SHERIFF'S OFFICE CONTRACT, WITHOUT COMPETITIVE
BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR FUNDING, PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution #2007-179.
Commissioner Flury noted that in the future she would like to see a proper invoice in the back-up
material, not a faxed hand-written copy. She further asked why a Code Officer needs cruise
control in the car. Commissioner Flury asked to take this additional cost off the proposal.
Colin Donnelly, Assistant City Manager, advised that this is the base model with the upgrade
that we need.
Commissioner Flury motioned to adopt Resolution #2007-179; 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
7.19 RESOLUTION #2007-182
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO
PURCHASE SERVICES IN AN AMOUNT NOT TO EXCEED $20,000.00 IN FISCAL YEAR 2006-2007, FROM
TREE MOVERS INC., PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE,
7.20 RESOLUTION #2007-185
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA
ESTABLISHING BUILDING AND PERMIT AND RELATED FEES; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
7.21 RESOLUTION #2007-187
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO
APPLY FOR A GRANT RELATED TO THE BROWARD BOATING IMPROVEMENT PROGRAM (2007) IN
THE APPROXIMATE AMOUNT OF$50,000.00, TO PROVIDE FUNDING FOR THE LIGHTING AT GRIFFIN
Minutes of Regular Meeting 10
Dania Beach City Commission
Tuesday,September 25,2007—7:00 p.m.
MARINE PARK; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE
APPLICATION; AUTHORIZING THE ACCEPTANCE AND EXECUTION OF THE GRANT AGREEMENT
UPON ITS AWARD, AUTHORIZING THE DIRECTOR OF FINANCE TO APPROPRIATE THE FUNDING
UPON AWARD; AUTHORIZING EXTENSIONS, IF NEEDED; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
7.22 RESOLUTION #2007-188
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY
OFFICIALS TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY WITH FLORIDA BLACKTOP,
INC. FOR TRAFFIC CALMING DEVICES FOR AN AMOUNT NOT TO EXCEED $121,000.00 WITHOUT
COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS,
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution #2007-188.
Commissioner Castro confirmed with Public Services Director Orlando that there are funds
available to cover other locations, in addition to the Neighborhood Improvement Advisory Board
recommended areas. She also clarified that the correct street in the Melaleuca Gardens area to be
included in this project should be 10`" Street and not 10`h Avenue.
Commissioner Castro motioned to adopt Resolution #2007-188; seconded by Commissioner
Bertino.
Vice-Mayor Jones confirmed with Public Services Director Orlando that the traffic calming
devices will also be installed in the College Gardens area.
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
7.23 RESOLUTION #2007-189
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AFFIRMING
ITS CONTINUED SUPPORT AND RESPECT FOR ALL CITIZENS IN OUR DIVERSE COMMUNITY AND
FURTHER AFFIRMING ITS CONTINUED SUPPORT FOR THE MARKETING OF DANIA BEACH AND
GREATER FORT LAUDERDALE TO DIVERSE GROUPS AS WELCOMING VACATION DESTINATIONS;
PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution #2007-189.
Commissioner Castro noted that there have been some articles in the newspapers regarding
comments made by the Mayor of Fort Lauderdale about gay people. She pointed out that the
Tourism Council has worked very hard to define our tourist destination without looking for a
specific type of segment or person. We are a diverse town and we welcome all types of people
in the City. Commissioner Castro added that we have it all and that is what makes us special.
Minutes of Regular Meeting 11
Dania Beach City Commission
Tuesday,September 25,2007-7:00 p.m.
Vice-Mayor Jones noted that we are taking a position of a more diverse community which will
bring people together. He is proud to see Commissioner Castro bring this Resolution forward
and he is positive that this Commission will embrace it.
Mayor Anton concurred with Commissioner Castro. We need to adopt this Resolution to show
the rest of the County the position we take and the damage that attitude can cause to our tourism.
Commissioner Castro motioned to adopt Resolution #2007-189; 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 Castro motioned to approve the Consent Agenda, with the exception of
Items #7.5, #7.8, #7.9, #7.10, #7.11, #7.12, #7.16, #7.18, #7.22 and #7.23; 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
Item #11.2 was heard after the Consent Agenda
8. Bids and Requests for Proposals
There were no proposals at this meeting.
9. Public Hearings and Site Plans
9.1 ORDINANCE #2007-017
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. (SECOND READING)
City Attorney Ansbro read the title of Ordinance 42007-017.
Mayor Anton opened the Public Hearing. Seeing as there was no one to speak in favor or
opposition, he closed the Public Hearing.
Commissioner Flury motioned to adopt Ordinance #2007-017, on second reading; seconded
by Vice-Mayor Jones. The motion carried on the following 5-0 Roll Call vote:
Minutes of Regular Meeting 12
Dania Beach City Commission
Tuesday,September 25,2007—7:00 p.m.
Commissioner Bertino Yes Vice-Mayor Jones Yes
Commissioner Castro Yes Mayor Anton Yes
Commissioner Flury Yes
9.2 ORDINANCE 92007-018
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. (SECOND READING)
City Attorney Ansbro read the title of Ordinance #2007-018.
Mayor Anton opened the Public Hearing. Seeing as there was no one to speak in favor or
opposition, he closed the Public Hearing.
Commissioner Flury motioned to adopt Ordinance #2007-018, 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
City Attorney Ansbro read the title of Ordinances #2007-022 and 42007-023 because they both
pertain to the same matter.
9.3 ORDINANCE #2007-022
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY
ATTORNEY KEITH POLIAKOFF WITH THE LAW FIRM OF BECKER & POLIAKOFF, REPRESENTING
THE PROPERTY OWNER ROBERT KRILICH, SR. OF OAKBROOK REALTY & INVESTMENT, LLC., FOR
THE "STIRLING ROAD PLAZA PLAT", SUCH PROPERTY BEING GENERALLY LOCATED AT THE
NORTHEAST CORNER OF STIRLING ROAD AND SOUTHWEST 18Tu STREET, 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 "STIRLING ROAD PLAZA PLAT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
(SECOND READING)
Laurence Leeds, AICP, Community Development Director, explained that the applicant
requested an Amendment to the Future Land Use Map, from "Parks and Recreation" to
"Commercial". He noted the location of the property, and that the Planning and Zoning Board
recommended approval.
Minutes of Regular Meeting 13
Dania Beach City Commission
Tuesday,September 25,2007—7:00 p.m.
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 motioned to adopt Ordinance #2007-022, 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
9.4 ORDINANCE #2007-023
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
ATTORNEY KEITH POLIAKOFF WITH THE LAW FIRM OF BECKER & POLIAKOFF, REPRESENTING
THE PROPERTY OWNER ROBERT KRILICH, SR. OF OAKBROOK REALTY & INVESTMENT, LLC., TO
REDESIGNATE FROM "PARKS AND RECREATION" TO "COMMERCIAL" CERTAIN PROPERTY
GENERALLY LOCATED AT THE NORTHEAST CORNER OF STIRLING ROAD AND SOUTHWEST 18T"
STREET, 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. (SECOND READING)
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 motioned to adopt Ordinance #2007-023, 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
9.5 ORDINANCE #2007-020
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY
LINDA STRUTT CONSULTING, INC. ON BEHALF OF THE PROPERTY OWNER RAFAEL GANEM OF
GREEN APPLE INVESTMENTS CORPORATION, FOR THE "CORFU PLAT", SUCH PROPERTY BEING
LOCATED AT 2311 SW 45Tu STREET, 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 "CORFU PLAT'; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING)
City Attorney Ansbro read the title of Ordinance 42007-020.
Laurence Leeds, AICP, Director of Community Development, noted that the applicant is
requesting a perimeter plat for a single family home.
Mayor Anton opened the Public Hearing.
Minutes of Regular Meeting 14
Dania Beach City Commission
Tuesday,September 25,2007—7:00 p.m.
Rick Zapata, 2331 SW 45th Street, abutting property owner, was concerned about the size of the
building on such a small lot.
Mayor Anton indicated that properties have to be platted through the County before they can be
approved. He advised Mr. Zapata that he could raise his concerns when the site plan request
comes back for approval by the Planning and Zoning Board and the City Commission
respectively.
Director Leeds clarified that the request is for a single family home on a single lot, therefore it
will not go to the Planning and Zoning Board or the City Commission. This is an administrative
process and the developer will have to comply with the setbacks required by the City.
Mayor Anton indicated that if the developer asks for a variance on the setbacks, Mr. Zapata will
be notified again and he can then come and object.
Seeing as there was no one else to speak in favor or opposition, Mayor Anton closed the Public
Hearing.
Vice-Mayor Jones motioned to adopt Ordinance #2007-020, 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
9.6 ORDINANCE 92007-016
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 5Tu 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. (SECOND
READING) (Continuedfrom August 28, 2007 and September]],2007)
City Attorney Ansbro read the title of Ordinance 42007-016. He noted this was a continuation
from the August 28, 2007 and September 11, 2007 Commission Meetings.
Laurence Leeds, AICP, Director of Community Development, advised that Florida Power &
Light submitted two new exhibits to the Deed Restriction. The building envelope has been
resolved therefore the substation will not be any closer to the road. He asked City Attorney
Ansbro to confirm for the Commission whether FPL could expand the substation beyond the
future building envelope without Commission approval.
City Attorney Ansbro confirmed that based on the Deed Restriction, the Commission will have
the option to deny their request.
Minutes of Regular Meeting 15
Dania Beach City Commission
Tuesday,September 25,2007—7:00 p.m.
Mayor Anton opened the Public Hearing.
Jimmy Crimminger, 237 SW 15a' Street, had no problem with Florida Power & Light, and
commented on the street lights on Federal Highway.
Seeing as there was no one else to speak in favor or opposition, Mayor Anton closed the Public
Hearing.
Commissioner Castro motioned to adopt Ordinance #2007-016, 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
City Attorney Ansbro advised that Item 49.7 was a quasi-judicial matter, and swore-in those who
would speak. He asked the Commission to disclose any communication they had on this matter.
9.7 RESOLUTION 42007-155
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST
SUBMITTED BY FLOOKER ADAMS ON BEHALF OF JANETTE S. NANTON, FROM CHAPTER 28,
"ZONING", ARTICLE 5, "SUPPLEMENTARY LOT REGULATIONS" AND ARTILCE 6.21 "SCHEDULE OF
OFF-STREET PARKING REQUIREMENTS", FOR PROPERTY LOCATED AT 53 SE 131" TERRACE, DANIA
BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Continued
from September 11,2007)
City Attorney Ansbro read the title of Resolution #2007-155.
Laurence Leeds, AICP, Community Development Director, provided a description of the
property. He noted that the applicant wanted to flip the direction of the house and provide two
parking spaces. He noted the Planning and Zoning Board, as well as staff, recommended
approval of all requests except for the parking variance. Director Leeds further indicated that
three parking spaces would be approved provided brick pavers were installed in the swale
portion of the driveway, in order to address the pervious area.
Mayor Anton opened the Public Hearing.
Francis Adams, contractor, F.A. Home Improvement, noted she received a letter from the
Broward County Rehabilitation Housing Director indicating they are willing to do whatever is
necessary in order to get the house built. She further advised that flipping the house is now off
the table.
Commissioner Castro clarified with Ms. Adams that Broward County Rehabilitation Housing
Department will have brick pavers installed so they can have three parking spaces.
Minutes of Regular Meeting 16
Dania Beach City Commission
Tuesday,September 25,2007-7:00 p.m.
Seeing as there was no one else to speak in favor or opposition, Mayor Anton closed the Public
Hearing.
Commissioner Flury motioned to adopt Resolution #2007-155; 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
10. COMMISSION COMMENTS
10.1 Commissioner Bertino
Commissioner Bertino commented on the General Employees Union Representatives as well as
the group of employees expressing their concerns on their COLA increase. He suggested having
another closed session meeting to discuss this matter further.
City Manager Palo indicated that our Labor Attorneys have advised us that Firefighters and
General Employees should receive the same increase, and the Firefighters agreed to a two
percent increase.
Mayor Anton noted this was not the place to discuss this issue. He asked City Manager Palo to
schedule a Shade Meeting.
10.2 Commissioner Castro
Commissioner Castro questioned if a location had been set for the piece of art donated by Fred
Goldstein some months ago. She asked the rest of the Commission for ideas.
Commissioner Flury suggested we wait until the Atrium is finished.
10.3 Commissioner Flury
Commissioner Flury asked for an update on the Neighborhood Improvement Program. She
would like to see a project schedule with an asterisk showing where we are currently.
Dominic Orlando, Public Services Director, indicated there would be an item for the concrete
sidewalk on the next Commission Agenda.
Commissioner Flury confirmed with Director Orlando that the SE neighborhood traffic calming
design project would be awarded to Chen and Associates at the next Commission Meeting.
Minutes of Regular Meeting 17
Dania Beach City Commission
Tuesday,September 25,2007—7:00 p.m.
Commissioner Flury thought we could save the cost for traffic calming devices, if we
implemented a generic design for this type of project.
Commissioner Flury was disappointed to see that the door to the upstairs area at City Hall was
locked. She thought there should be someone to greet the citizens when visiting City Hall.
10.4 Vice-Mayor Jones
Vice-Mayor Jones commented on the economic deficit in the gaming industry. He thought we
were spending money with traffic calming measures, but we should first find out from Boyd
Gaming what their plans are. Vice-Mayor Jones clarified he is not against moving forward but
would like City Manager Pato to find out their time frame.
Vice-Mayor Jones confirmed with City Attorney Ansbro that the City of Dania Beach CRA
would not be affected by any financing due to referendum.
10.5 Mayor Anton
Mayor Anton read a letter received from the Principal of Dania Elementary thanking the City for
recognizing their school.
11. DISCUSSION AND POSSIBLE ACTION
11.1 Proposal for Red Light Cameras by American Traffic Solutions (ATS) — Mayor Anton
and City Attorney Ansbro
Mayor Anton advised that he attended a meeting with Greg Parks, American Traffic Solutions, who
explained the red-light cameras program was about. Mayor Anton asked City Attorney Ansbro for
his opinion.
City Attorney Ansbro advised that Mr. Parks, representing American Traffic Solutions in Arizona,
has proposed a system whereby red light cameras detect a running violator. The system would be
installed at no cost to the City, other than the Police enforcement personnel. He noted the City of
Pembroke Pines is in the process of negotiating an agreement with this company and they think it is
a great program. Their proposal is to have a six-month trial period whereby notices would be sent,
but no citations issued. City Attorney Ansbro further indicated that the State Attorney General
rendered an opinion to the effect that localities are not independently authorized to create traffic
control laws which are contained in the State "uniform"traffic control law. It was his advice to wait
and see what action the Legislature takes before we get involved in litigation.
Mayor Anton pointed out we could end up having to refund money to the violators. He thought we
should wait until the State takes action before proceeding any further.
Commissioner Castro questioned who gets cited, the owner of the car or the person who is driving
the car.
Minutes of Regular Meeting 18
Dania Beach City Commission
Tuesday,September 25,2007—7:00 p.m.
Greg Parks, American Traffic Solutions, explained that the camera is activated when a vehicle
enters the intersection after the traffic signal has turned red. The camera takes a series of two
images to document the violation, and the violation is mailed to the registered owner of the vehicle.
Commissioner Flury thought we should hold off until the Legislature takes some action. She
confirmed with Mr. Parks that his company does the billing. Commissioner Flury clarified with
City Manager Pato that the traffic violation tickets are processed by the Clerk of the Court, and the
City, County and State get a percentage.
Vice-Mayor Jones questioned if American Traffic Solutions would pay for the test period.
Mr. Parks noted that they would be willing to operate a warning period at a busy intersection and
the City would get the benefits. He further indicated that they were open to discussion if the
Commission believes the program is viable.
Commissioner Bertino confirmed with Mr. Parks that his company retains $40.00 on a $125.00
citation and the City gets $85.00.
Mr. Parks advised that his company takes care of the entire operation except Police enforcement.
BSO Chief Peterson responded for Commissioner Castro that some of the intersections where the
system could be used were: Stirling Road and Federal Highway, Sheridan Street and Federal
Highway, Dania Beach Boulevard and Federal Highway, Griffin Road and I-95 and Stirling Road
and I-95.
Commissioner Castro confirmed with BSO Chief Peterson that the program is generally liked by
Law Enforcement and has proven to be effective.
Mr. Parks advised that it took approximately 30 seconds per violator for a law enforcement officer
to review.
Commissioner Castro thought we should test the system at one or two intersections which would
work as a warning for people to slow down.
Mr. Parks noted they would be willing to meet with the City Attorney to work something out.
Commissioner Bertino thought that once a positive report is issued by the Attorney General, big
firms would jump in to offer their services and we would see a radical change on the fees that are
charged for the program.
It was the consensus of the Commission to wait for the implementation of this program.
Item #11.2 was heard after the ConsentAgenda
11.2 Code enforcement as applied to outdoor storage containers—Assistant City Manager
Minutes of Regular Meeting 19
Dania Beach City Commission
Tuesday,September 25,2007—7:00 p.m.
City Attorney Ansbro explained that the Code Compliance Unit has recognized a number of storage
containers within the City being used by some organizations as a shed. These containers are not
permitted uses. The Lions Club, St. Maurice Catholic Church and some others have been cited and
there is no other way to make this better other than to seek Commission direction.
Nicholas Lupo, Code Compliance Unit Manager, advised that over the past year they have cited
about 35-40 properties with steel cargo containers like the ones used at Port Everglades. These
containers are not considered structures under the South Florida Building Code. He distributed
photographs showing samples of the cases that are still pending, which include commercial,
residential and industrial.
Commissioner Bertino indicated that these are not-for-profit organizations that do good things for
the City. He thought the Commission should allow fraternal organizations, churches and City
property to have this type of container. Commissioner Bertino suggested they put some greenery
around the containers so the neighbors do not have to look at them.
Commissioner Castro confirmed with City Attorney Ansbro that people may consider this an
arbitrary measure. She suggested making a difference between commercial and residential.
Mr. Lupo indicated that these containers are placed in the parking area and they have received
complaints from the neighbors.
It was the consensus of the Commission to direct City Attorney Ansbro to prepare an ordinance
that would address this issue.
Jim Silvernale expressed his appreciation for the flowers and cards sent to his mother while in
the hospital. He advised she is feeling much better and thanked the Fire Rescue Department for
their prompt response. Mr. Silvemale noted the Lions Club container has been there since 1994
and it has never been an issue. He understands the Code officers are doing their job however he
is willing to work with them to resolve the situation. Mr. Silvernale also indicated that the City
uses the Lions Club as a precinct for the Elections and they need a shed to store the voting
equipment. He thanked the City for helping with this situation.
12. APPOINTMENTS
There were no appointments at this meeting.
13. ADMINISTRATIVE REPORTS
13.1 City Manager
Minutes of Regular Meeting 20
Dania Beach City Commission
Tuesday,September 25,2007—7:00 p.m.
City Manager Pato noted he has been working with Dania Elementary to schedule a special day
as requested by the Commission. There is a meeting next Friday to finalize the details of the
event, which will be held at Frost Park on Saturday, December 1, 2007.
City Manager Pato advised there were samples of tiles for the new flooring for the Atrium and
Administrative Offices located in the Atrium for the Commission to consider.
City Manager Pato addressed Commissioner Flury's concerns about public access to the second
floor at City Hall. He noted that prior to September 11 we were more casual about security at
government buildings. City Manager Pato indicated the wooden door upstairs will be changed to
a glass door. However, we need to keep the policy approved by the Commission in place, where
people are required to sign-in before accessing a department at City Hall. He further noted that
we are trying to make the Atrium look better and staff is open to suggestions.
Commissioner Bertino noted that when City Hall was first built there were telephone lines under
the floor. He suggested having a receptionist in the Atrium who would greet people coming to
City Hall.
City Manager Pato noted that we budgeted $100,000 this year, in order to create a reception
center. He indicated staff would bring back a proposal for Commission approval at a future date.
13.2 City Attorney
City Attorney Ansbro had no comments.
Mayor .Anton announced the Grand Opening of the C.W. Thomas Recreational Complex to be
celebrated on Thursday, October 11, 2007, from 5:00 — 8:00 p.m. He invited everyone to attend
and look at our brand new park.
13.3 City Clerk - Reminders
Wednesday, October 3, 2007 —6:00 p.m. CRA Board Meeting
Tuesday, October 9, 2007 — 7:00 p.m. Regular City Commission Meeting
Tuesday, October 23, 2007—7:00 p.m. Regular City Commission Meeting
14. ADJOURNMENT
Mayor Anton adjourned the meeting at 9:20 p.m.
AT�ES� ^ � CITY OF ANIA BEACH
LOUISE STILSO\dN, C/MJC 9013 AN
CITY CLERK MAYOR-C MMISSIONER
Approved: October 23, 2007
Minutes of Regular Meeting 21
Dania Beach City Commission
Tuesday,September 25,2007—7:00 p.m.