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HomeMy WebLinkAbout1999-11-23 Regular City Commission Meeting Minutes ��� . � � I I - z3 - ig99 e+ ' r 7 MINUTES DANIA BEACH CITY COMMISSION REGULAR MEETING NOVEMBER 23, 1999 Mayor Bertino called the meeting to order at 7:20 p.m. in the Conference Room. An attorney-client session was held until 7:55 p.m. (see notice attached) and the Regular Meeting continued in the Chambers at 8:00 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was given by Reverend Richard Austin, First Baptist Church of Dania. ROLL CALL Present: Mayor: John Bertino Vice-Mayor: Charles McElyea Commissioners: John Etling Bob Mikes City Attorney: Tom Ansbro City Manager: Mike Smith Deputy City Clerk: Charlene Johnson Absent: Commissioner: Jim Cali (excused) A motion was made by Commissioner Etling, seconded by Vice-Mayor McElyea, to excuse Commissioner Cali from this meeting. The motion passed unanimously. PRESENTATIONS a) A presentation to the Red Ribbon contest winners from Collins Elementary, Dania Elementary and Olsen Middle School. (BSO) Chief Anton introduced Victor Thompson, the new School Resource Officer (SRO) assigned to Collins Elementary. He then recognized and presented plaques to the 1st 2nd and 3`d place winners of the Essay and Poster Contests conducted at the three area schools. Certificates of Appreciation were presented to school representatives. PROCLAMATIONS MINUTES - CITY OF DANIA BEACH 1 NOVEMBER 23, 1999 f r 7 i i MINUTES DANIA BEACH CITY COMMISSION REGULAR MEETING NOVEMBER 23, 1999 Mayor Bertino called the meeting to order at 7:20 p.m. in the Conference Room. An attorney-client session was held until 7:55 p.m. (see notice attached) and the Regular Meeting continued in the Chambers at 8:00 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was given by Reverend Richard Austin, First Baptist Church of Dania. ROLL CALL Present: Mayor: John Bertino Vice-Mayor: Charles McElyea Commissioners: John Etling Bob Mikes City Attorney: Tom Ansbro City Manager: Mike Smith Deputy City Clerk: Charlene Johnson Absent: Commissioner: Jim Cali (excused) A motion was made by Commissioner Etling, seconded by Vice-Mayor McElyea, to excuse Commissioner Cali from this meeting. The motion passed unanimously. PRESENTATIONS a) A presentation to the Red Ribbon contest winners from Collins Elementary, Dania Elementary and Olsen Middle School. (BSO) Chief Anton introduced Victor Thompson, the new School Resource Officer (SRO) assigned to Collins Elementary. He then recognized and presented plaques to the 15t 2nd and 3'd place winners of the Essay and Poster Contests conducted at the three area schools. Certificates of Appreciation were presented to school representatives. PROCLAMATIONS MINUTES - CITY OF DANIA BEACH 1 NOVEMBER 23, 1999 f M ' r 7 a) A proclamation recognizing the month of November as "Epilepsy Awareness Month." City Manager Smith read the proclamation in its entirety. ITEMS 1.1 & 1.3 WERE PULLED FROM THE CONSENT AGENDA. 1. CONSENTAGENDA 1.2 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE EXPENDITURES OF ANNUAL BUS BENCH ADVERTISING RENTAL REVENUE RECEIVED BY THE CITY ($3,000) TO BE ALLOCATED AS FOLLOWS: FIFTY PERCENT (50%) TO THE "AREA AGENCY ON AGING OF BROWARD COUNTY," TWENTY-FIVE PERCENT (25%) TO "FAMILY CENTRAL,"AND TWENTY-FIVE PERCENT(25%) TO "UNITED HEARING AND DEAF SERVICES"; FURTHER, PROVIDING AN EFFECTIVE DATE." A motion was made by Commissioner Etling, seconded by Vice-Mayor McElyea, to approve the Consent Agenda. The motion passed on the following 4/0 roll call vote: Commissioner Etling - yes Vice-Mayor McElyea -yes Commissioner Mikes - yes Mayor Bertino - yes Resolutions: 1.1 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING ITS GENERAL FUND BUDGET FOR FISCAL YEAR, 1998-99, BY MAKING LINE ITEM CHANGES BETWEEN DEPARTMENTS; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING AN EFFECTIVE DATE." Commissioner Mikes was concerned with the cost of City Attorney fees and recommended that a Workshop meeting be scheduled to discuss the costs. A motion was made by Commissioner Etling, seconded by Vice-Mayor McElyea, to adopt the Resolution with the understanding that a Workshop meeting be scheduled to discuss Attorney costs. The motion passed on the following 4/0 roll call vote: Commissioner Etling—yes Vice-Mayor McElyea —yes Commissioner Mikes—yes Mayor Bertino-yes Ordinances—Title to be read by city attorney 1.3 "AN ORDINANCE PERTAINING TO ARTICLE IV OF CHAPTER 13, ENTITLED "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, IN ORDER TO AMEND SEC. 13-68, DEFINITIONS; AMENDING SEC. 13-69, PROVIDING FOR A CHANGE IN CITY SOLID WASTE COLLECTION SERVICES INCLUDING THOSE FOR CERTAIN MINUTES - CITY OF DANIA BEACH 2 NOVEMBER 23, 1999 f 4=- . r 7 r MULTIRESIDENTIAL BUILDINGS, AND PROVIDING FOR THE PICKUP OF RECYCLABLES; AMENDING SEC. 13-70 TO REVISE PROVISIONS RELATING TO PRIVATE COLLECTION SERVICE OF MULTIRESIDENTIAL BUILDINGS; AMENDING SEC. 13-71 TO REVISE PROVISIONS RELATING TO BULK TRASH IN PICKUPS; AMENDING SEC. 13-72 TO PROVIDE THAT CLAIMS FOR REFUNDS AND ADJUSTMENTS OF GARBAGE OR TRASH CHARGES BE MADE TO THE FINANCE DIRECTOR; AMENDING SEC. 13-74 TO REVISE REGULATIONS PERTAINING TO THE COLLECTION AND DISPOSAL OF GARBAGE AND TRASH BY PRIVATE HAULERS; PROVIDING A CONFLICT CLAUSE, A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE." The title of the Ordinance was read by City Attorney Ansbro. Vice-Mayor McElyea questioned the language "The City shall provide once a week pickup of recyclables which shall be placed in recyclable bins provided by the City." It was his understanding that the City would provide the bins but would not be picking them up and felt that the wording could be misconstrued. City Attorney Ansbro agreed to amend the language to "The City or its designated licensed hauler" prior to the second reading of the ordinance. Commissioner Etling was concerned that the City could be held responsible for costs involved with special pickups. Bud Palm, Director of Public Works/Utilities, suggested that language be included that would make the contractor responsible for collecting fees associated with special pickups. City Attorney Ansbro agreed to examine the contract and if the concern was not covered in the contract, he would address it in the ordinance prior to second reading. Commissioner Etling suggested that the word 'recyclables" be inserted in Paragraphs G, H & J on Page 5 where it refers to collection fees for trash and bulk trash. He also mentioned that language on Page 7, Paragraph C, which states that "no garbage....shall be placed on the right-of-way for a period longer than 24 hours", contradicts language on Page 4, Paragraph D, which states "bulk trash....must not be put out....prior to the Friday immediately preceding the week that pickups are scheduled". Vice-Mayor McElyea expressed concern that BFI was being given the exclusive right to pick up trash in the entire City. City Attorney Ansbro agreed to look into the matter and if a clarification was needed it would be addressed prior to the second reading of the ordinance. A motion was made by Commissioner Etling, seconded by Commissioner Mikes, to adopt the Ordinance on first reading, with the above amendments to be made prior to second reading. The motion passed on the following 4/0 roll call vote: Commissioner Etling —yes Vice-Mayor McElyea —yes Commissioner Mikes—yes Mayor Bertino -yes MINUTES - CITY OF DANIA BEACH 3 NOVEMBER 23, 1999 f r -r r Commissioner Mikes requested that a representative from BFI be present for the second reading of the ordinance on December 14, 1999. 2. BIDS/RFPS: - NONE 3. PUBLIC HEARINGS AND SITE PLANS 3.1 SP-63-99 — Request for Site Plan approval by Claudette &Athanasios Zavalis for installation of a parking lot associated with renovation of the existing 1,000 +/- sq. ft. building located on the south side of Griffin Road at 2970 Griffin Road. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY CLAUDETTE & ATHANASIOS ZAVALIS FOR PROPERTY LOCATED AT 2970 GRIFFIN RD., DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING AN EFFECTIVE DATE." City Attorney Ansbro advised that Staff recommended a continuance of Item 3.1 to the Regular Meeting of December 14, 1999. A motion was made by Commissioner Etling, seconded by Commissioner Mikes, to continue Item 3.1 (SP-63-99) to the December 14, 1999, Regular Meeting, as recommended by Staff. The motion passed on the following 4/0 roll call vote: Commissioner Etling —yes Vice-Mayor McElyea —yes Commissioner Mikes—yes Mayor Bertino -yes CITIZENS'COMMENTS WERE HEARD NEXT 3.2 "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING SECTION 17-125 OF THE CITY CODE OF ORDINANCES, WHICH SECTION IS ENTITLED "ESTABLISHED; INTENT; COMPOSITION; TERM", OF ARTICLE VII, ENTITLED "NUISANCE ABATEMENT BOARD", OF CHAPTER 17, ENTITLED "OFFENSES — MISCELLANEOUS", TO CHANGE THE LENGTH OF BOARD MEMBERS' TERMS FROM ONE (1) YEAR TO TWO (2) YEARS AND DESIGNATE THE EXPIRATION OF SUCH TERMS; PROVIDING FOR CONFLICTS; PROVIDING A SEVERANCE CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." (FIRST READING OF ORDINANCE) After Item 6.11 was heard, City Attorney Ansbro explained that the above ordinance was advertised for second reading for this meeting, but was inadvertently left off the Agenda and asked for a motion to continue. A motion was made by Commissioner Etling, seconded by Vice-Mayor McElyea, to continue Item 3.2 to the December 14, 1999, Regular Meeting. The motion passed unanimously. MINUTES - CITY OF DANIA BEACH 4 NOVEMBER 23, 1999 f r. ' T 7 i 4. CITIZENS' COMMENTS: COMMENTS BY DANIA BEACH CITIZENS OR INTERESTED PARTIES THAT ARE NOT A PART OF THE REGULAR AGENDA SHOULD BE GIVEN IN WRITING OR COMMUNICATED VERBALLY PRIOR TO 4:00 P.M. THE SECOND (2ND) AND FOURTH (4TH) MONDAY OF EACH MONTH. THE CITY MANAGER, OR HIS DESIGNEE, WILL ATTEMPT TO ADDRESS ALL MATTERS OR CONCERNS. IN THE EVENT THAT THE CONCERN REMAINS UNRESOLVED, THE CITIZEN OR PARTY WILL BE ASKED TO ADDRESS THE CITY COMMISSION DURING THE MEETING. COMMENTS SHALL BE LIMITED TO THREE(3)MINUTES. Bill Wosenitz clarified that he was a member of the Marine Advisory Board but was not speaking on its behalf. He advised that he attended the Broward County Marine Advisory Board meeting where he requested a low artificial reef for Dania Beach and waterfront signs identifying streets. Mr. Wosenitz presented pictures and a memorandum expressing concern for pollution of the canals from persons living on boats, stormwater runoff, and construction materials from developments along the canal that were taking extensive time to complete. He suggested that the Commission consider adding dock rentals to the recently adopted Occupational License Ordinance that requires inspections of rented duplex/ single-family homes and that the City should inspect docks for better control. aa problem with d dumping sewage into the canals. He Suggested pthat C obtain City obt tithe City of Fort Lauderdale's procedures for handling boat live-aboards. Commissioner Mikes suggested utilizing the Nuisance Abatement Board for addressing the boat problems and code violations of the canals. The Commission generally agreed to make this issue a priority when the new Growth Management Director was hired. 5. EXPENDITURES-NONE 6. DISCUSSION AND POSSIBLE ACTION 6.1 Request for renewal of Palmistry/Fortuneteller's license by Nancy Rose Williams, located at 1410 S. Federal Highway. Nancy Williams was present to request renewal of the license. City Manager Smith advised that no problems had been reported at this location. A motion was made by Commissioner Etling, seconded by Mayor Bertino, after passing the gavel, to approve the license renewal. The motion passed on the following 3/1 roll call vote: Commissioner Etling —yes Vice-Mayor McElyea —yes Commissioner Mikes —no Mayor Bertino—yes MINUTES - CITY OF DANIA BEACH 5 NOVEMBER 23, 1999 L R t, ' r 7 Commissioner Mikes requested that the ordinance establishing the license renewal be amended to include the requirement that public hearing notices be posted on the subject properties in order to make the public aware of these license renewals. 6.2 Request for reconsideration of abatement for CEB98-0110 by Wilfride Noelssaint for property located at 232 SW 3rd Street. Vice Mayor McElyea mentioned that he was on the prevailing side of the last vote and placed this issue back on the agenda for reconsideration. He felt that the Commission should abide by the advice given by legal counsel and grant the abatement. City Attorney Ansbro advised that there was a problem with proper notification to the bank that foreclosed on the property, however, the bank should at least be responsible for the time and costs incurred by the City to resolve the situation. A motion was made by Vice-Mayor McElyea, seconded by Commissioner Etling, to abate the lien to $6,000.00 as recommended by the Code Enforcement Board and its Attorney. The motion passed on the following 410 roll call vote: Commissioner Etling — yes Vice-Mayor McElyea —yes Commissioner Mikes—yes Mayor Bertino—yes Vice-Mayor McElyea requested that staff clarify the address of the property to confirm that 232 was the correct address. 6.3 Discussion of documentation of non-working streetlights by Citizen Observer Patrol. Vice Mayor McElyea advised that the Citizens On Patrol organization was assisting the City with reporting non-working streetlights to Florida Power & Light. Citizens and BSO patrol were urged to report non-working streetlights by calling FP&L with the pole numbers. 6.4 Discussion of alarm system ordinance procedures. City Manager Smith advised that recommended amendments would be brought back to the Commission on the Alarm Ordinance at the December 14, 1999, Regular Meeting. 6.5 Discussion of lobbyist registration. Commissioner Mikes expressed concern that the ordinance requiring lobbyists to register was not being followed. He requested that the City MINUTES - CITY OF DANIA BEACH 6 NOVEMBER 23, 1999 t- r r 7 1 f 7 l Attorney and/or the Deputy City Clerk send lobbyist registration forms to known lobbyists and obtain the annual report of expenditures required of registered lobbyists with the City. f City Attorney Ansbro advised the City Commission to ask a person if they are registered with the City, when they are contacted by someone lobbying a particular project, and advise them that they must do so first. He also advised that penalties were provided for in the ordinance for persons who failed to register. 6.6 Discussion of written project schedules for Public Works crew assignments. Commissioner Mikes expressed concern from residents of certain parts of the City that their neighborhoods were being neglected. He recommended that work assignments be documented to provide proof that one area of the City was not receiving more attention than other areas. City Manager Smith advised that a weekly schedule of projects was being provided to the Commission along with documentation of what was actually done in that particular week. Commissioner Mikes recommended that a schedule of public works projects that are completed in the different parts of the City be posted for public viewing. 6.7 Status of Melaleuca Gardens half-completed projects. Commissioner Mikes expressed concern over projects that had not been completed in the Melaleuca Gardens area. He requested that staff maintain the Parks on a regular basis and that Public Works complete projects that they start on a timely basis. ITEM 6.8 WAS HEARD AFTER ITEM 6.9 6.8 Discussion of order of Agenda. Vice-Mayor McElyea suggested amending the format of the agenda by moving "Commission Comments" after"Citizens' Comments"so that citizens do not have to wait the entire meeting to hear individual comments from the Commission. The City Commission generally agreed that there would not be a problem with the change in the agenda format. ADDENDUM ITEMS: ITEM 6.9 WAS HEARD AFTER ITEM 6.7 6.9 Discussion of obtaining control over trash and garbage facilities in the City. Commissioner Mikes expressed concern over documents being signed by the City Manager with Lauderdale Sand and Fill and for the proposed MINUTES - CITY OF DANIA BEACH 7 NOVEMBER 23, 1999 f iti- P1 r, T' 7 purchase of the Frost House. He stated that the City Manager should only be signing documents for administrative approval and that the Mayor should sign as the Executive Officer of the City after being approved by the City Commission. Commissioner Mikes also expressed concern over the old State Paving property, which is a waterfront site that is now owned by Waste Management. Waste Management has placed a large amount of dumpsters on the site and he was concerned that the property may never be redeveloped. He suggested that the Code be reviewed to tighten up the City's control over trash and garbage facilities. City Attorney Ansbro was directed to review the Charter on how documents are to be signed and report back to the Commission. ITEM 6.10 WAS HEARD AFTER ITEM 6.8 6.10 Discussion of City Manager performance evaluation procedures and criteria. Commissioner Mikes mentioned the need to obtain a conventional rating system from the ICMA (International City Manager Association) for formally evaluating the City Manager. After discussion, City Manager Smith agreed to obtain several types of evaluation procedures from the Florida League of Cities and bring them back for review by the City Commission. 6.11 Request by Don Drybread, Santa's Magical Village, for temporary signage. Mr. Drybread was present to request approval of temporary directional signs for Santa's Magical Village. A motion was made by Vice-Mayor McElyea, seconded by Commissioner Etling, generally approving the request for temporary signs with the understanding that Mr. Drybread contact the Florida Department of Transportation on the signs he wishes to locate under the Grand Prix directional signs. The motion passed on the following 3/1 roll call vote: Commissioner Etling —yes Vice-Mayor McElyea —yes Commissioner Mikes— no Mayor Bertino—yes 7. APPOINTMENTS (ITEM 7.2 WAS ADDRESSED) 7.1 Appointment of 1 member on the Airport Advisory Board. 7.2 Appointment of 2 members on Dania Housing Authority. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF TWO (2) MEMBERS TO THE MINUTES - CITY OF DANIA BEACH 8 NOVEMBER 23, 1999 L r -r / DANIA HOUSING AUTHORITY BOARD; CONFIRMING THE APPOINTMENT OF ONE MEMBER TO SERVE A FOUR YEAR TERM BEGINNING JUNE 1, 1999 THROUGH MAY 31, 2003 AND ONE MEMBER TO SERVE A FOUR YEAR TERM BEGINNING NOVEMBER 1, 1999 THROUGH OCTOBER 31, 2003; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR EFFECTIVE DATE." Mayor Bertino recommended the reappointment of Bill Winkelholz to the Dania Housing Authority. A motion was made by Commissioner Mikes, seconded by Vice-Mayor McElyea, to adopt the resolution approving the appointment of Bill Winkelholz to the Dania Housing Authority. The motion passed on the following 4/0 roll call vote: Commissioner Etling —yes Vice-Mayor McElyea —yes Commissioner Mikes —no Mayor Bertino—yes 7.3 Appointment of 1 member on the Economic Development and Downtown Redevelopment Board, 7.4 Appointment of 1 member on Human Relations Board. 7.5 Appointment of 1 member on the Marine Advisory Board. 7.6 Appointment of 2 members on the Occupational License Review Advisory Board. 7.8 Appointment of 1 member on Parks, Recreation and Community Affairs Advisory Board. 8. ADMINISTRATIVE REPORTS 8.1 City Manager Smith reminded the City Commission that Sheriff Jenne would be hosting a breakfast at City Hall on December 10, 1999, at 9:00 a.m. and that a Special Meeting would follow the breakfast to award a contract for refurbishment of the Nyberg/Swanson House in order to meet a deadline of the Historic Preservation grant. Mr. Smith advised that Senator Geller would host a luncheon at City Hall in the Conference Room on December 20th at 12:00 noon, to update the City Commission on the upcoming Legislative Session. City Manager Smith advised that a draft proposal was being prepared to retain a Special Master to deal with the recently adopted Vehicle Impoundment Ordinance and to assist the Code Enforcement Board with their overload of cases due to the recently adopted Sign Ordinance and would be brought back to the City Commission for approval. MINUTES - CITY OF DANIA BEACH 9 NOVEMBER 23, 1999 f C__ r -r City Manager Smith commended Dorothy James for her efforts to efficiently operate the Camp Blanding Day Care Center for the last 20+ years. He mentioned that Ms. James was moving to North Carolina and he wished her well in her future endeavors. 8.2 Frost House Purchase- City Attorney explained that the Deposit Receipt Contract was finalized and requested input from the City Commission on whether they desire to go forward with the purchase of the Frost House. The City has placed a $7,500.00 deposit on the transaction and another $20,000.00 would be added in good faith, subject to the City obtaining financing in the amount of$550,000.00, along with an MAI appraisal proving a market value of not less than $550,000.00, and all other obligations that are standard in real estate contracts. City Attorney Ansbro requested a motion authorizing the City Manager and Mayor to sign the document and proceed with the deposit and begin the appraisal. Discussion followed on the building being accepted in an "as is" condition and the purchase price being firm. Mayor Bertino recommended that the City pay for all structural, termite and roof inspections on the house before entering into the purchase contract. City Attorney Ansbro advised that the document provides for a walk-thru inspection only. Commissioner Mikes felt that the purchase price of$550,000.00 was too high and that the City could not afford it. Vice-Mayor McElyea mentioned that the lot across the street from City Hall would be more valuable to the citizens of Dania Beach than the Frost House, which is a frame stucco structure. Mayor Bertino clarified that the property was currently assessed at $164,000.00 by the Broward County Property Appraiser. Discussion followed on the City gaining more by allowing the other interested party to purchase the property, thereby, leaving the property on the tax rolls. In addition, the City would increase tax revenues when the house is reassessed on the $550,000.00 purchase price. Commissioner Etling was concerned that the house would not be historically preserved if the City does not go through with the purchase and that it is irreplaceable compared to other projects like developing the Dania Pier restaurant or purchasing the vacant lot across the street from City Hall. A motion was made by Commissioner Etling, seconded by Mayor Bertino, after passing the gavel, authorizing execution of the contract and directing staff to proceed with an appraisal for the purchase of the Frost House and obtaining grant funds through the Bureau of Historic Preservation and MINUTES - CITY OF DANIA BEACH 10 NOVEMBER 23, 1999 f R r 7 , National Trust to off-set the cost of the house. The motion failed on the following 2/2 roll call vote: Commissioner Etling-yes Commissioner Mikes—no Vice-Mayor McElyea —no Mayor Bertino-yes Coalition of Cities-EMS "Minnet"funds from Broward County - City Attorney Ansbro reported that a proposed settlement with Broward County on the Minnet Funds through the Coalition of Cities would pay the City of Dania Beach $230,460.00 based upon a per capita method or 3.34% of the total of$7,000,000. The County Commission is expected to hear the issue the first week of December and the City Commission was urged to contact the County Commission to encourage them to approve the settlement agreement. Pier Restaurant- City Attorney Ansbro mentioned that he was contacted by a local attorney about a principal who was strongly interested in the Dania Ocean Pier Restaurant project. He recommended that a Workshop Meeting be scheduled in the near future as information becomes available. 9. COMMISSION COMMENTS 9.1 Commissioner Cali - absent 9.2 Commissioner Etling congratulated everyone who worked on the Tomato Festival, which received a lot of good publicity throughout the State and was a great success. 9.3 Commissioner Mikes mentioned that Hollywood was negotiating a settlement with Port Everglades and the County over some lost revenues from parcels within Port Everglades. He questioned whether or not the City would have any potential for receiving funds. City Attorney Ansbro advised that the City must determine what lands were in the City at the operative time, which was four or five years ago, and whether the lands were County owned and privately leased and whether the County derived revenue from those parcels. If no parcels qualify, then the City would not receive any money. Commissioner Mikes mentioned that he was contacted by a marine business owner who was concerned that a property owner next door to him had been able to make improvements without obtaining the proper permits. City Manager Smith advised that a letter was sent to the concerned party explaining that the property owner was granted a variance for a temporary parking lot and that all permits were obtained. Mr. Smith also reported that the property had been cited for several code violations and was now before the Code Enforcement Board. MINUTES - CITY OF DANIA BEACH 11 NOVEMBER 23, 1999 t er r, T / 9.4 Vice-Mayor McElyea expressed concern with the City's current paving contractor who completed only a third of the road on Phippen Road and when they returned to finish the job, the used cold asphalt, which does not bond to the street. He reported that Bud Palm, Public Works Director, expected to change contractors next year. Vice-Mayor McElyea was pleased with the success of the Tomato Festival and commented on some of the events. It was noted that the tomatoes were donated. 9.5 Mayor Bertino asked for a status report on the hiring of a Parks & Recreation Director. City Manager Smith advised that the candidate selected for the job declined the position and another selection was expected soon from the remaining candidates. Mayor Bertino also asked about the Roller Hockey League. City Manager Smith advised that a meeting was scheduled on November 30, 1999, 7:00 P.M. at Frost Park, to organize the league and encouraged anyone interested to attend the meeting. Mayor Bertino requested that City Manager Smith look into the Port Everglades property issue as mentioned by Commissioner Mikes. Mayor Bertino brought up the issue of moving the Chamber of Commerce into the Nyberg/Swanson House. City Manager Smith advised that Ken Koch, Building Official, and himself inspected the Nyberg/Swanson House and there appears to be space that could be occupied by the Chamber of Commerce and the Mainstreet organization while renovations were being done. City Manager Smith advised that the other areas could not be used due to construction under the historical grant. Mr. Smith mentioned that the rent would be $1,000 per month. Discussion followed on restoring the front door, installing security, and the porch being restored to its original openness in accordance with the grant requirements. Mayor Bertino commended those involved with the Tomato Festival and looked forward to next year's event. The City Commission wished everyone a Happy Thanksgiving. This meeting adjourned at 10:30 p.m. MINUTES - CITY OF DANIA BEACH 12 NOVEMBER 23, 1999 l• L ' r 7 i _� ATTEST: =PAT FLURY MAYOR—COMMISSIONER CHARLENEJOHNSON ACTING CITY Cl-f 't k Respectfully submitted by Nanci Denny APPROVED: JULY 24, 2001 MINUTES - CITY OF DANIA BEACH 13 NOVEMBER 23, 1999 r Y R a, f 7 MINUTES SUMMARY DANIA BEACH CITY COMMISSION REGULAR MEETING NOVEMBER 23, 1999 Mayor Bertino called the meeting to order at 7:20 p.m. in the conference room. An attorney-client session was held until 7:55 p.m. (see notice attached) and the regular meeting continued in the chamber at 8:00 p.m. INVOCATIONAND PLEDGE OFALLEGIANCE Reverend Richard Austin, First Baptist of Dania Beach ROLL CALL Present: Mayor: John Bertino Vice-Mayor: Charles McElyea John Etling Bob Mikes City Attorney: Tom Ansbro City Manager: Mike Smith Deputy City Clerk: Charlene Johnson Absent: Commissioners: Jim Cali (excused) A MOTION WAS MADE BY COMMISSIONER ETLING SECONDED BY VICE-MAYOR MCELYEA, EXCUSING COMMISSIONER CALI FROM THE MEETING THE MOTION PASSED ON A 410 ROLL CALL VOTE. PRESENTATIONS a) A presentation to the Red Ribbon contest winners from Collins Elementary, Dania Elementary, and Olsen Middle School. (BSO) Chief Anton recognized and presented plaques to the 1", 2ntl. and 3r° place winners of the Essay and Poster contests conducted at the three area schools. Certificates of Appreciation were presented to school representatives. PROCLAMATIONS A proclamation recognizing the month of November as"Epilepsy Awareness Month." ITEMS PULLED FROM THE CONSENT AGENDA ITEMS 1.1 AND 1.3. 1. CONSENTAGENDA a MINUTES SUMMARY- CITY OF DANIA BEACH 1 NOVEMBER 23, 1999 t s r, T I 1.2 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE EXPENDITURES OF ANNUAL BUS BENCH ADVERTISING RENTAL REVENUE RECEIVED BY THE CITY ($3,000) TO BE ALLOCATED AS FOLLOWS: FIFTY PERCENT (50%) TO THE "AREA AGENCY ON AGING OF BROWARD COUNTY," TWENTY-FIVE PERCENT (25%) TO "FAMILY CENTRAL," AND TWENTY-FIVE PERCENT (25%) TO "UNITED HEARING AND DEAF SERVICES"; FURTHER, PROVIDING AN EFFECTIVE DATE." A MOTION WAS MADE BY COMMISSIONER ETLING, SECONDED BY VICE-MAYOR MCELYEA APPROVING ITEM 1.2. THE MOTION PASSED ON A 410 ROLL CALL VOTE WITH COMMISSIONER CALI ABSENT. (CAD99.100 ADM. SERVICES) Resolutions: 1.1 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING ITS GENERAL FUND BUDGET FOR FISCAL YEAR, 1998- 99, BY MAKING LINE ITEM CHANGES BETWEEN DEPARTMENTS; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING AN EFFECTIVE DATE." A MOTION WAS MADE BY COMMISSIONER ETLING, SECONDED BY VICE-MAYOR MCEL YEA, ADOPTING RESOLUTION WITH THE UNDERSTANDING THAT A WORKSHOP MEETING WOULD BE SCHEDULED TO DISCUSS ATTORNEY COSTS. THE MOTION PASSED ON A 410 ROLL CALL VOTE WITH COMMISSIONER CALI ABSENT. Ordinances—Title to be read by city attorney 1.3 "AN ORDINANCE PERTAINING TO ARTICLE IV OF CHAPTER 13, ENTITLED "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, IN ORDER TO AMEND SEC. 13-68, DEFINITIONS; AMENDING SEC. 13-69, PROVIDING FOR A CHANGE IN CITY SOLID WASTE COLLECTION SERVICES INCLUDING THOSE FOR CERTAIN MULTIRESIDENTIAL BUILDINGS, AND PROVIDING FOR THE PICKUP OF RECYCLABLES; AMENDING SEC. 13-70 TO REVISE PROVISIONS RELATING TO PRIVATE COLLECTION SERVICE OF MULTIRESIDENTIAL BUILDINGS; AMENDING SEC. 13-71 TO REVISE PROVISIONS RELATING TO BULK TRASH IN PICKUPS; AMENDING SEC. 13-72 TO PROVIDE THAT CLAIMS FOR REFUNDS AND ADJUSTMENTS OF GARBAGE OR TRASH CHARGES BE MADE TO THE FINANCE DIRECTOR; AMENDING SEC. 13-74 TO REVISE REGULATIONS PERTAINING TO THE COLLECTION AND DISPOSAL OF GARBAGE AND TRASH BY PRIVATE HAULERS; PROVIDING A CONFLICT CLAUSE,A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE." MINUTES SUMMARY. CITY OF DANIA BEACH 2 NOVEMBER 23, 1999 t I r -r A MOTION WAS MADE BY COMMISSIONER ETLING, SECONDED BY COMMISSIONER MIKES,ADOPTING ORDINANCE ON FIRST READING WITH SEVERAL AMENDMENTS TO BE MADE PRIOR TO SECOND READING AND INSTRUCTING STAFF TO HAVE BFI REPRESENTATIVES PRESENT AT DECEMBER 14, 1999 MEETING. THE MOTION PASSED ON A 410 ROLL CALL VOTE WITH COMMISSIONER CALI ABSENT. (CAD99.075 PUBLIC WORKS-SOLID WASTE CONTRACT) 2. BIDS/RFPS: None 3. PUBLIC HEARINGS AND SITE PLANS 3.1 SP-63-99—Request for Site Plan approval by Claudette &Athanasios Zavalis for installation of a parking lot associated with renovation of the existing 1,000+/- sq. ft. building located on the south side of Griffin Road, between SW 29th Terrace, at address 2970 Griffin Road. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY CLAUDETTE & ATHANASIOS ZAVALIS FOR PROPERTY LOCATED AT 2970 GRIFFIN RD., DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING AN EFFECTIVE DATE." A MOTION WAS MADE BY COMMISSIONER ETLING, SECONDED BY COMMISSIONER MIKES, CONTINUING RESOLUTION(SP-63-99) TO DECEMBER 14, 1999. THE MOTION PASSED ON A 410 ROLL CALL VOTE WITH COMMISSIONER CALI ABSENT. 3.2 "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA. AMENDING SECTION 17-125 OF THE CITY CODE OF ORDINANCES, WHICH SECTION IS ENTITLED "ESTABLISHED; INTENT; COMPOSITION; TERM", OF ARTICLE VII, ENTITLED "NUISANCE ABATEMENT BOARD", OF CHAPTER 17, ENTITLED "OFFENSES — MISCELLANEOUS", TO CHANGE THE LENGTH OF BOARD MEMBERS' TERMS FROM ONE (1) YEAR TO TWO (2) YEARS AND DESIGNATE THE EXPIRATION OF SUCH TERMS; PROVIDING FOR CONFLICTS; PROVIDING A SEVERANCE CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." (FIRST READING OF ORDINANCE) CITY ATTORNEY ANSBRO EXPLAINED THAT THIS ORDINANCE WAS ADVERTISED FOR SECOND READING FOR THIS MEETING, BUT WAS INADVERTENTLY LEFT OFF THE AGENDA. A MOTION WAS MADE BY COMMISSIONER ETLING, SECONDED BY VICE MAYOR MCELYEA, CONTINUING SECOND READING OF THE ORDINANCE TO DECEMBER 14, 1999. THE MOTION PASSED ON A 410 ROLL CALL VOTE WITH COMMISSIONER CALI ABSENT. (CAD99.072 GROWTH MANAGEMENT-NUISANCE ABATEMENT BOARD) MINUTES SUMMARY- CITY OF DANIA BEACH 3 NOVEMBER 23, 1999 r , -r 4. CITIZENS'COMMENTS:COMMENTS SYDANIA BEACH CITIZENS OR INTERESTED PARTIES THAT ARE NOT A PART OF THE REGULAR AGENDA SHOULD BE GIVEN IN WRITING OR COMMUNICATED VERBALLY PRIOR TO 4:00 P.M. THE SECOND(2ND)AND FOURTH(4TH)MONDAY OF EACH MONTH.THE CITY MANAGER,OR HIS DESIGNEE,WILL ATTEMPT TO ADDRESS ALL MATTERS OR CONCERNS. IN THE EVENT ( THAT THE CONCERN REMAINS UNRESOLVED,THE CITIZEN(S)OR PARTY WILL BE ASKED TO ADDRESS THE CITY COMMISSION DURING THE MEETING.COMMENTS SHALL BE LIMITED TO THREE(3)MINUTES. Bill Wosenitz, Marine Advisory Board, clarified that he is not representing the Marine Advisory Board, even though he is a member. He explained his attendance at a Broward County Marine Advisory Board meeting where he requested a low artificial reef for Dania Beach and waterfront signs identifying streets. Mr. Wosenitz presented pictures and a memorandum expressing concern for pollution of the canals from persons living on boats, stormwater runoff, and construction materials from developments along the canal taking extensive time to complete. He suggested consideration of adding dock rentals to the recently adopted Occupational License Ordinance that requires inspections of rented duplex/single family homes and that the City should inspect docks for better control. Mayor Bertino agreed that there is a problem with people living on boats and dumping sewage into the canals. The City Commission generally agreed to check with Fort Lauderdale on the procedures for handling boat liveaboards and to make this issue a priority with the new Growth Management Director when he or she is hired. Commissioner Mikes suggested utilizing the Nuisance Abatement Board for addressing the boat problems and Code violations of the canals. (CAD99.072 GROWTH MANAGEMENT-Nuisance Abatement Board) 5. EXPENDITURES—None 6. DISCUSSION AND POSSIBLE ACTION 6.1 Request for renewal of Palmistry/Fortuneteller's license by Nancy Rose Williams, located at 1410 S. Federal Highway. A MOTION WAS MADE BY COMMISSIONER ETLING SECONDED BY MAYOR BERTINO.AFTER PASSING THE GAVEL. APPROVING THE LICENSE RENEWAL THE MOTION PASSED ON A 311 ROLL CALL VOTE WITH COMMISSIONER MIKES VOTING NO. COMMISSIONER CALI WAS ABSENT COMMISSIONER MIKES REQUESTED THAT THE ORDINANCE ESTABLISHING THE LICENSE RENEWAL BE AMENDED TO INCLUDE THE REQUIREMENT THAT PUBLIC HEARING NOTICES BE POSTED ON THE SUBJECT PROPERTIES IN ORDER FOR THE PUBLIC TO BE AWARE OF THESE LICENSE RENEWALS (MR99.050 CITY ATTORNEY) 6.2 Request for reconsideration of abatement for CEB98-0110 by Wilfride Noelssaint for property at 232 SW 3 Street. (Vice Mayor McElyea) A MOTION WAS MADE BY COMMISSIONER ETLING SECONDED BY VICE MAYOR MCELYEA. APPROVING THE RECOMMENDATION BY THE CODE ENFORCEMENT BOARD TO ABATE THE LIEN TO$6 000 00 THE MOTION PASSED ON A 410 ROLL CALL VOTE. COMMISSIONER CALI WAS ABSENT MINUTES SUMMARY- CITY OF DANIA BEACH 4 NOVEMBER 23, 1999 1 I ' r -1 i II , f' VICE MAYOR MCELYEA nEonl Ir-1-TED THAT STAFF CLARIFY THE ADDRESS FOR THE PROPERTY TO CONFIRM IF 232 WAS THE CORRECT ADDRESS. (MR99.051-GROWTH MANAGEMENTI 6.3 Discussion of documentation of non-working street lights by Citizen Observer Patrol. (Vice Mayor McElyea) VICE-MAYOR MCEL YEA ADVISED THAT CITIZENS ON PATROL ARE ASSISTING WITH REPORTING NON•WORK/NG STREET LIGHTS TO FPL. CITIZENS AND BSO PATROLS WERE URGED TO REPORT NON-WORKING STREET LIGHTS BY CALLING FPL WITH THE POLE NUMBERS. 6.4 Discussion of alarm system ordinance procedures. (Staff) CITY MANAGER SMITH ADVISED THAT AMENDMENTS WILL BE BROUGHT BACK TO THE COMMISSION ON THE ALARM ORDINANCE AT THE DECEMBER 14r"MEETING. 6.5 Discussion of lobbyist registration. (Commissioner Mikes) COMMISSIONER MIKES MENTIONED THAT THE LOBBYIST ORDINANCE IS NOT BEING FOLLOWED. CITYATTORNEYANSBRO ADVISED THE CITY COMMISSION TO ASK A PERSON IF THEY ARE REGISTERED WITH THE CITY WHEN THE COMMISSIONERS ARE CONTACTED BY SOMEONE LOBBYING A PARTICULAR PROJECT. THE CITYCOMMISSION GENERALL Y AGREED TO HAVE CITYATTORNEY ANSBRO AND DEPUTY CITY CLERK SEND LOBBYIST REGISTRATION FORMS TO KNOWN LOBBYISTS GENE JEWELL RON MASTRIANA AND BARBARA HALL AND OBTAIN THE ANNUAL REPORT OF EXPENDITURES RE UIRED OF REGISTERED LOBBYISTS WITH THE CITY CAD99.701 ADM. SERVICES 6.6 Discussion of written project schedules for Public Works crew assignments. (Commissioner Mikes) COMMISSIONER MIKES RECOMMENDED POSTING A SCHEDULE OF PUBLIC WORKS PROJECTS THAT ARE COMPLETED IN THE DIFFERENT PARTS OF THE CITY FOR PUBLIC VIEWING. MR99.052 PUBLIC WORKS 6.7 Status of Melaleuca Gardens half-completed projects. (Commissioner Mikes) COMMISSIONER MIKES RE UESTED THAT STAFF MAINTAIN PARKS ON A REGULAR BASIS AND THAT PUBLIC WORKS COMPLETE PROJECTS THAT THE START ON A TIMELYBASIS. Y 6.8 Discussion of order of Agenda. (Vice Mayor McElyea) VICE MAYOR MCEL YEA SUGGESTED AMENDING THE FORMAT OF THE AGENDA TO MOVE "COMMISSION COMMENTS"AFTER "CITIZENS'COMMENTS"SO THAT CITIZENS DO NOT HAVE TO WAIT THE ENTIRE MEETING TO HEAR INDIVIDUAL COMMENTS FROM THE COMMISSION. THE CITY COMMISSION GENERALLY MINUTES SUMMARY- CITY OF DANIA BEACH 5 NOVEMBER 23, 1999 A- f i AGREED THAT THERE WOULD NOT BE A PROBLEM WITH THE CHANGE IN THE AGENDA FORMAT. ADDENDUM ITEMS: 6.9 Discussion of obtaining control over trash and garbage facilities in the City. 1 (Commissioner Mikes) COMMISSIONER MIKES MENTIONED DOCUMENTS SIGNED BY THE CITY MANAGER WITH LAUDERDALE SAND AND FILL AND THE FROST HOUSE PURCHASE RECENTLY AND THAT THESE TYPES OF DOCUMENTS NEED TO BE BROUGHT BEFORE THE CITY COMMISSION AND SIGNED BY THE MAYOR AS EXECUTIVE OFFICER. CITYATTORNEYANSBRO WAS DIRECTED TO REVIEW THE CHARTER ON HOW DOCUMENTS ARE TO BE SIGNED AND BRING BACK TO THE COMMISSION. (MR99.053 CITYATTORNE)g 6.10 Discussion of city manager performance evaluation procedures and criteria. (Commissioner Mikes) COMMISSIONER MIKES MENTIONED A NEED TO OBTAIN A CONVENTIONAL RATING SYSTEM FROM THE ICMA (INTERNATIONAL CITY MANAGER ASSOCIATION) FOR FORMALLYEVALUATING THE CITYMANAGER AFTER DISCUSSION, CITY MANAGER SMITH AGREED TO OBTAIN SEVERAL TYPES OF EVALUATION PROCEDURES FROM THE FLORIDA LEAGUE OF CITIES AND BRING THEM BACK FOR REVIEW BY THE CITY COMMISSION. (MR99.054 CITY MANAGER) 6.11 Request by Don Drybread, Santa's Magical Village, for temporary signage. A MOTION WAS MADE BY VICE MAYOR MCELYEA, SECONDED BY COMMISSIONER ETLING, GENERALLYAPPROVING THE REQUEST FOR TEMPORARY SIGNS WITH THE UNDERSTANDING THAT MR. DRYBREAD WOULD CONTACT FLORIDA DEPARTMENT OF TRANSPORTATION ON THE SIGNS HE WISHES TO LOCATE UNDER THE GRAND PRIX DIRECTIONAL SIGNS. THE MOTION PASSED ON A 311 ROLL CALL VOTE WITH COMMISSIONER MIKES VOTING NO. COMMISSIONER CALI WAS ABSENT. 7. APPOINTMENTS(ITEM 7.2 WAS ADDRESSED) 7.1 Appointment of 1 member on the Airport Advisory Board. 7.2 Appointment of 2 members on Dania Housing Authority. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF TWO (2) MEMBERS TO THE DANIA HOUSING AUTHORITY BOARD; CONFIRMING THE APPOINTMENT OF ONE MEMBER TO SERVE A FOUR YEAR TERM BEGINNING JUNE 1, 1999 THROUGH MAY 31, 2003 AND ONE MEMBER TO SERVE A FOUR YEAR TERM BEGINNING NOVEMBER 1, 1999 THROUGH OCTOBER 31, 2003; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ARE REPEALED TO THE EXTENT OF SUCH CONFLICT;FURTHER, PROVIDING FOR EFFECTIVE DATE:" MINUTES SUMMARY- CITY OF DANIA BEACH 6 NOVEMBER 23, 1999 t R r, ' r 7 r' MAYOR BERTINO RECOMMENDED REAPPOINTMENT OF BILL W/NKELHOL2 TO THE DANIA HOUSING AUTHORITY. A MOTION WAS MADE BY COMMISSIONER MIKES SECONDED BY VICE-MAYOR MCELYEA APPROVING THE APPOINTMENT. THE MOTION PASSED ON A 410 ROLL CALL VOTE. COMMISSIONER CALI WAS ABSENT. 7.3 Appointment of 1 member on the Economic Development and Downtown Redevelopment Board. 7.4 Appointment of 1 member on Human Relations Board, 7.5 Appointment of 1 member on the Marine Advisory Board. 7.6 Appointment of 2 members on the Occupational License Review Advisory Board. 7.8 Appointment of 1 member on Parks, Recreation and Community Affairs Advisory Board. 8. ADMINISTRATIVE REPORTS 8.1 City Manager Smith reminded the City Commission that Sheriff Jenne would be hosting a breakfast at City Hall on December 10, 1999, at 9:00 a.m. and that a Special Meeting would follow the breakfast to award a contract for refurbishment of the Nyberg/Swanson House in order to meet a deadline of the Historic Preservation grant. On December 20th at 12:00 noon, Senator Geller is hosting a luncheon at City Hall in the Conference Room to update the City Commission on the upcoming Legislative Session. City Manager Smith advised that a Special Master will be retained to deal with the recently adopted Vehicle Impoundment Ordinance and a proposal will be brought back on hiring a Special Master to assist the Code Enforcement Board with their overload of cases due to the recently adopted Sign Ordinance. {CAD99 074 CITY MANAGER/BSO) City Manager Smith commended Dorothy James for her efforts to efficiently operate the Camp Blanding Day Care Center for the last 20+ years. He mentioned that Ms. James is moving to North Carolina and he wished her well in her future endeavors. 8.2 Frost House Purchase- City Attorney explained that the Deposit Receipt Contract was finalized today and requested input from the City Commission on whether they desire to go forward with the purchase of the Frost House. The City has placed a $7,500.00 deposit on the transaction and another$20,000.00 will be added in good faith, subject to the City obtaining financing in the amount of$550,000.00 with Republic Security Bank, or any other financial institution, along with an MAI appraisal proving a market value of not less than$550,000.00, and all other obligations that are standard in real estate contracts. City Attorney Ansbro requested a motion authorizing the City Manager and Mayor to sign the document and proceed with the deposit and begin the appraisal. Discussion followed on the building being accepted in an"as is" condition and the purchase price being firm. Mayor Bertino recommended that the City pay for all structural, termite and roof inspections on the house before entering into the purchase contract. City Attorney Ansbro advised that the document provides for a walk-thru inspection only. MINUTES SUMMARY- CITY OF DANIA BEACH 7 NOVEMBER 23, 1999 f R t 7 Vice-Mayor McElyea mentioned that the lot across the street from City Hall would be more valuable to the citizens of Dania Beach than the Frost House, which is a frame stucco structure. Mayor Bertino clarified that the house is currently assessed at $164,000.00 by the Broward County Property Appraiser. Discussion followed on the City gaining more by allowing the other interested party to purchase the property, thereby, leaving the property on the tax rolls. In addition, the City would increase tax revenues when the house is reassessed on the$550,000.00 purchase price. Commissioner Etling was concerned that the house would not be historically preserved if the City does not go through with the purchase and that it is irreplaceable compared to other projects like developing the Dania Pier restaurant or purchasing the vacant lot across the street from City Hall. A motion was made by Commissioner Etling, seconded by Mayor Bertino, after passing the gavel, authorizing execution of the contract and directing staff to proceed with an appraisal for the purchase of the Frost House and obtaining grant funds through the Bureau of Historic Preservation and National Trust to off-set the cost of the house. The motion failed on a 2l2 roll call vote as follows: The motion failed on the following roll call vote: Commissioner Etling-yes Commissioner Mikes—no Vice-Mayor McElyea—no Mayor Bertino-yes (CAD99.096 CITY MANAGER) Coalition of Cities-EMS "Minnet"funds from Broward County-City Attorney Ansbro reported that a proposed settlement with Broward County on the Minnet Funds through the Coalition of Cities would pay the City of Dania Beach $230,460.00 based upon a per capita method or 3.34% of the total (7 million). The County Commission is expected to hear the issue the first week of December and the City Commission was urged to contact the County Commission to encourage them to approve the settlement agreement. Pier Restaurant-City Attorney Ansbro mentioned that he has been contacted by a local attorney about a principal who is strongly interested in the Dania Ocean Pier Restaurant project. Discussion followed on scheduling a workshop meeting in the near future as information becomes available. 9. COMMISSION COMMENTS 9.1 Commissioner Cali-absent 9.2 Commissioner Etling congratulated everyone who worked on the Tomato Festival, which received a lot of good press throughout the State and was a great success. 9.3 Commissioner Mikes mentioned that Hollywood is negotiating a settlement with Port Everglades and the County over some lost revenues from some Port Everglades MINUTES SUMMARY- CITY OF DANIA BEACH 8 NOVEMBER 23, 1999 t- t R r 7 parcels. He questioned whether or not the City would have any potential for receiving funds. City Attorney Ansbro advised that the City must determine what lands were in the City at the operative time, which was four or five years ago, and whether the lands were County owned and privately leased and whether the County derived revenue from those parcels. If no parcels qualify, then the City would not receive any money. Commissioner Mikes mentioned that he has been contacted by a marine business owner who is concerned that a property owner next door to him has been able to make improvements without obtaining and paying for proper permits. City Manager Smith advised that a letter has been sent to the property owner who complained about his next door neighbor. The letter explains that the owner received a variance from the City Commission, obtained all proper permits, and was cited by the Code Enforcement Board for several code violations. 9.4 Vice-Mayor McElyea expressed concern with the City's current paving contractor who completed only a third of the road on Phippen Road and then came back and used cold asphalt, which does not bond to the street. He mentioned that Bud Palm, Utilities Director, expects to change contractors next year. Vice-Mayor McElyea was pleased with the success of the Tomato Festival and commented on some of the events. It was noted that the tomatoes were donated. 9.5 Mayor Bertino was advised by City Manager Smith that the candidate that was selected for the Parks & Recreation Director declined the position and that another selection is expected soon from the other candidates. November 30, 1999, 7:00 p.m. -Frost Park, a meeting is scheduled to organize a Hockey league. City Manager Smith encouraged anyone interested to attend the meeting. Mayor Bertino requested City Manager Smith look into the Port Everglades property issue as mentioned by Commissioner Mikes. (MR99.055 CITY MANAGER) City Manager Smith advised that Ken Koch, Building Official, and himself reviewed the Nyberg/Swanson House this afternoon and that there appears to be space that could be occupied by the Chamber of Commerce and Mainstreet organization while renovations are in process. City Manager Smith advised that the other areas must not be used due to construction under the historical grant. Discussion followed on restoring the front door, installing security, and the porch being restored to its original openness in accordance with the grant requirements. Mayor Bertino commended those involved with the Tomato Festival and looked forward to next year's event. The City Commission wished everyone a Happy Thanksgiving. This meeting adjourned at 10:30 p.m. ^" MINUTES SUMMARY- CITY OF DANIA BEACH 9 NOVEMBER 23, 1999 f i`_ r r y F OFFICE OF THE MAYOR CITY OF DANIA BEACH �3eac�, PROCLAMATION WHEREAS,Epilepsy, also known as Seizure Disorder,has afflicted mankind since the dawn of our species and has been recognized since the earliest nnedical writings. As long ago as 400 B.C., I lippocrates, the Father of Medicine, believed that Epilepsy was a brain disorder,and WHEREAS,a seizure is a sudden,brief attack of altered consciousness,motor activity or sensory phenomena. It is a sign that certain brain cells(neurons)are discharging an excessive amount of electrical impulses,and WHEREAS,Epilepsy can be caused by injury to lire brain, lack of oxygen at birth,brain tumor, infection and brain hemorrhage. In sixty percent of the cases,the cause is unknown. Epilepsy can affect anyone,at any age and at any time,and WHEREAS,more than two million Americans are afflicted with some type of Epilepsy. Of this number, 150,000 arc Florida residents. With the administration of anticonvulsant drugs,two-thirds(66.66%)of those afflicted with Epilepsy are drug controlled,and WHEREAS,lack of education about this disorder has contributed to age old myths,superstitions and prejudices. The stigma associated with this disorder is sometimes worse than the disorder itself,and WHEREAS,people who have Epilepsy make reliable and conscientious workers in job performance, productivity,safety,cooperation and attendance,and WHEREAS,studies carried out in the United States over the past thirty years have indicated that of all disabilities, Epilepsy poses the greatest barrier to employment with unemployment rates estimated to fall between twenty and twenty-five percent,and WHEREAS,Epilepsy should not be a barrier to success. In addition to the normal requirements for success,a person who has Epilepsy needs a supportive environment and employers who are willing to give them an opportunity to become productive citizens. NOW,THEREFORE,1,John Bertino,as Mayor of the City of Dania Beach, Florida do hereby proclaim the month of November, 1999 as "EPILEPSY AWARENESS MONTH" in the City of Dania Beach and urge the entire community to support and recognize the human condition of this disease. IN WITNESS WHEREOF,I have hereunto set illy hand and c, a ms e• to be affixed thi 23Ro day of November, 1999. i B -Rl MAYOR AT TEST: 1 1/'. SI11IO .(IIAPN AN, AC I IN< cl I Y CI,I-',RK 4- r Is I CITY OF DANIA BEACH CITY COMMISSION SPECIAL MEETING (PRECEDING REGULAR 7:30 P.M. MEETING OF THE CITY COMMISSION) November 23, 1999 100 West Dania Beach Boulevard Tuesday, 7:00 P.M. Dania Beach, Florida 33004 NOTICE IS GIVEN TO ALL INTERESTED PARTIES THAT IF ANY PERSON SHOULD DECIDE TO APPEAL ANY DECISION MADE AT THE REGULAR MEETING (WHICH WILL FOLLOW IMMEDIATELY AFTER THE SPECIAL MEETING IS ADJOURNED), SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS CONDUCTED AT SUCH REGULAR MEETING AND FOR SUCH PURPOSE HE OR SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THE REGULAR MEETING PROCEEDINGS SHOULD CONTACT CHARLENE JOHNSON, DEPUTY CITY CLERK, 100 WEST DANIA BEACH BLVD., DANIA BEACH, FL 33004 (954) 924-3622, AT LEAST 48 HOURS PRIOR TO THAT SPECIAL MEETING. 1. CALL TO ORDER 2. ATTORNEY/CLIENT SESSION An Attorney/Client Session, called pursuant to §286.011(8), Florida Statutes, will be held among the elected officials of the City of Dania Beach, City Attorney Thomas J.Ansbro and Special Counsel Timothy M. Ryan to conduct settlement negotiations or strategy sessions related to litigation expenditures in connection with H. E. Burgess, Gene R. Burgess and John Daglaris v. City of Dania Beach, Case No. 99-00811 (02)CACE, pending in the Circuit Court of the 171 Judicial Circuit, in and for Broward County, Florida. This Attorney/Client Session shall commence at 7:00 p.m. at City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, or as soon as possible thereafter, and shall last an estimated one-half ('/2) hour. This Session is a private Session. The only persons authorized to attend it pursuant to above referenced statute are the City's elected officials (Mayor John Bertino, Vice Mayor C. K. McElyea, and Commissioners Bob Mikes, John Etling and Jim Cali); Michael W. Smith, City Manager; the City Attorney;the City's Special Counsel (Timothy M. Ryan, Esq.) and the certified transcribing court reporter. The transcript of the session shall not be available for inspection by the public until the litigation is finally concluded as provided by law. 3. The regular City Commission meeting (7:30 p.m.)will follow the Special Meeting. 4. ADJOURNMENT G',\WPFILES\CLIENTSIDAWNCITY COMMISSION\CC MTG-112399-Burgess(911)Special Meeting NTC 11118/99...2 t- f l�- R t, T CITY OF DANIA MEMORANDUM Via E-Mail and Facsimile TO: CHARLENE SALTALAMACCHIA, Deputy Clerk COPIES: MAYOR AND ELECTED OFFICIALS MICHAEL W. SMITH, City Manager MARIE JABALEE, City Clerk FROM: THOMAS J. ANSBRO, City Attorney DATE:SEPTEMBER 1, 1998 RE: SPECIAL MEETING OF THE CITY COMMISSION —09/08/98 Attached is the proposed notice of the referenced meeting. Please call me with any comments or questions you may have. TJA/nd Aft. G'.1WKILESCLIENTSSTANINCITY COMMISSION=MTG-112399-Burgess(911)Special Meeting.NTC f ate.