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HomeMy WebLinkAboutNULL (553) MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, NOVEMBER 13, 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 Pastor Ernestine Henry, Mt. Sinai Methodist Church, gave the Invocation followed by the Pledge of Allegiance to the United States Flag. 3. Roll Call Present: t Mayor: Bob Anton Vice-Mayor: Albert C. Jones Commissioners: John Bertino Anne Castro Patricia Flury City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson 4. Presentations and Special Event Approvals 4.1 RESOLUTION 42007-217 —Presentation by Robert P. Legg A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, SUPPORTING A REQUEST BY THE SCHOOL BOARD OF BROWARD COUNTY FOR SUPPLEMENTAL FUNDING FOR CLASSROOM TECHNOLOGY ENHANCEMENTS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Robert Legg, Miller Legg, presented a handout to the Commission regarding information on how businesses can now direct sales tax collection allowances to classroom technology by checking a box on sales tax remittance forms. These funds will be used to purchase up-to-date classroom technology and provide teacher training in the use of that technology in Broward County. Funds collected in Broward County will come back to Broward County Schools and are anticipated to be between $4M and $6M annually. Commissioner Castro suggested a copy of the resolution be sent to the Chamber of Commerce for distribution to the local businesses. Mr. Legg offered to make a presentation to the Dania Chamber of Commerce if they so wished. Commissioner Castro motioned to adopt Resolution #2007-217; 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 4.2 Report on the Metro-Broward Professional Firefighters Local 3080 Union Vote — Sergio Pellecer Sergio Pellecer, President of the Metro-Broward Professional Firefighters Local 3080, reported fact finding has occurred and the Union members voted to move forward with negotiations to merge with the Broward Sheriffs Office. Once the information is received it will be brought back to the Commission to decide on whether or not the merger should occur. He requested the Commission allow the City Manager to enter into negotiations with the Broward Sheriff's Office for a possible consolidation. Commissioner Castro motioned to move forward with contract negotiations with Broward County for Fire Services; seconded by Vice-Mayor Jones. Commissioner Bertino was against turning the Dania Beach Fire Department over to the County. He expressed concern about bringing Firefighters from other areas within Broward County who are not familiar with our City and about the response time as well. Commissioner Flury would like at least three months to review any documents that are provided by the County. They must include an extensive financial analysis and an assessment of quality and service issues. Vice-Mayor Jones pointed out that it will be for him and the rest of the Commission to make the final decision, not the Firefighters. He further noted that if their proposal does not meet the level of professionalism we currently have, he will not be satisfied. Commissioner Castro stressed the fact that she prefers our local Fire Department. However, the Commission told the Firefighters to go out and investigate if it would be better to join Broward County. She would like to look at the proposal from the perspective of the Firefighters, the City, and above all, the citizens of Dania Beach. Commissioner Castro noted it will be for the Commission to decide what is best for our residents. She commended the Fire Department for their efforts to move forward with the investigation. Commissioner Bertino would like the City Manager to keep the Commission informed on a timely basis. Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,November 13,2007—7:00 p.m. Mayor Anton noted that the most important thing is providing a high level of service to the citizens of Dania Beach. The second is the financial issue and the third is the impact on our employees. He supported the idea of the Fire Department looking for other options. The motion carried on a 4-1 consensus, with Commission Bertino opposing. 4.3 Special Event Request for the Dania Church of God 70`h Anniversary Parade to be held in the City of Dania Beach on Sunday, November 18, 2007 from 3:00 p.m.-4:00 p.m. Commissioner Castro motioned to approve the Special Event Request for the Dania Church of God 70m Anniversary Parade; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 4.4 Certificate of Appreciation for Deputy Robert Fraelich and the BSO Inmate Work Unit— City Manager Pato City Manager Pato provided a history on the development of the BSO Inmate Work Program. He presented a Certificate of Appreciation to BSO Deputy Robert Fraelich for the outstanding work performed in the City Hall Atrium by the BSO Inmate Work Unit. He also recognized some of the Public Services employees who are involved with the program. 4.5 Certificate of Appreciation for the Finance Department— City Manager Pato City Manager Pato presented a Certificate of Appreciation to Patricia Varney, Director of Finance, Nicki Satterfield, Assistant Finance Director, and Frank DiPaolo, Controller, on behalf of the entire Finance Department for their dedication during the preparation of the City Budget. 5. Proclamations 5.1 Dania Church of God 701h Anniversary Vice-Mayor Jones presented a Proclamation to Pastor Howard Rolle of the Dania Church of God for their 701h Anniversary. 6. Citizen Comments There were no citizen comments at this meeting. Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,November 13,2007—7:00 p.m. 7. Consent Agenda Items removed from Consent Agenda: #7.2, #7.3, #7.5, #7.6, #7.7, and#7.8 7.1 Minutes: Approve Minutes of the September 20, 2007 .Abatement Hearing Approve Minutes of the October 23, 2007 City Commission Meeting Resolutions 7.2 RESOLUTION #2007-223 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE INSTALLATION OF A TILE FLOOR IN THE CITY HALL ATRIUM FROM TILE BY JOHN PERRY, INC. IN AN AMOUNT NOT TO EXCEED $21,777.00 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 #2007-223. Vice-Mayor Jones asked if the tiles would be slip-proof. Patricia Varney, Director of Finance, responded the tiles are ADA approved and there will also be mats installed in the Atrium. Vice-Mayor Jones motioned to adopt Resolution #2007-223; 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 7.3 RESOLUTION #2007-224 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING A ONE TIME ADJUSTMENT IN THE AMOUNT OF $1,080.00 TO BE PAID TO THE CITY MANAGER FOR TAXES INCURRED AS A RESULT OF PROVIDING THE CITY MANAGER A TAKE HOME VEHICLE PURSUANT TO THE CITY MANAGER'S EMPLOYMENT CONTRACT FOR CALENDAR YEAR 2007; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2007-224. Commissioner Flury commented we should pay it if we owe it, but wondered why we should pay anyone's taxes. Patricia Varney, Director of Finance, responded the way we had calculated the City Manager's benefits was incorrect since his recent salary increase. She became aware of the tax rules at a recent meeting she attended. Based on this rule, the City Manager will incur a tax liability of approximately $1,080 before the end of this calendar year. Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,November 13,2007—7:00 p.m. Commissioner Castro also questioned the City paying the City Manager's taxes. Commissioner Castro motioned to split the difference. Vice-Mayor Jones questioned if the City Manager's contract states we absorb the costs associated with the vehicle. Director Varney responded in the affirmative. She further clarified that the City absorbs the cost of the gas and maintenance of the vehicle. Director Varney noted she learned of the rule at a meeting of the South Florida Finance Officers Association where an IRS Representative was the guest speaker. She indicated she did not know when the rule came into effect. Commissioner Castro pointed out that the rule did not change we were calculating his taxes incorrectly. Director Varney pointed out that the City Manager reached the cap on his salary in October, 2006, Vice-Mayor Jones agreed with Commissioner Castro that the City Manager should absorb part of the cost. Commissioner Bertino noted the City Manager had no idea it was coming. He pointed out that the City Manager voluntarily refused to receive his COLA. Commissioner Bertino made a substitute motion to make a one time payment to the City Manager; the motion died for lack of a second. Commissioner Castro questioned if we would do this for other employees? She thought the person had received the benefit and this could be setting a precedent. City Manager Palo stated he did not want this money and clarified he did not ask for it. He thought this was a matter of fairness and requested to have his COLA reinstated, which he voluntarily gave up, because it would be the fair thing to do. Commissioner Flury thought fifty percent was more than fair and seconded the motion. She noted that due to the fact that we did not calculate it right, it was therefore an error on our part. City Manager Palo declined the offer to receive fifty percent of the amount, and state that he only put this on the agenda to see how the Commission would react. Commissioner Castro thought it would have been more professional not to place this on the agenda if the City Manager did not want it. She felt distracted that City Manager Palo brought this matter forward just to see how the Commission would react. Commissioner Castro pointed out that he should not have wasted everyone's time to see what the comments were. The motion carried on the following 4-1 Roll Call vote: Minutes of Regular Meeting $ Dania Beach City Commission Tuesday,November 13,2007—7:00 p.m. Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton No Commissioner Flury Yes Commissioner Castro motioned to reinstate the City Manager's COLA. City Manager Palo declined the offer to have his COLA reinstated. Commissioner Castro withdrew her motion. 7.4 RESOLUTION #2007-221 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A FIVE YEAR AGREEMENT WITH TOSHIBA BUSINESS SOLUTIONS FOR THE LEASE OF A TOSHIBA MODEL e4500c COPIER IN THE AMOUNT OF $501.91 PER MONTH FOR A PERIOD OF 60 MONTHS INCLUDING MAINTENANCE UNDER THE SCHOOL BOARD OF BROWARD COUNTY CONTRACT NO. 27-100B WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION #2007-222 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA SUPPORTING ADDITIONAL STATE FUNDING FOR THE "FLORIDA FOREVER" PROGRAM AND THE CREATION OF A SUCCESSOR PROGRAM; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2007-222. Vice-Mayor Jones provided a history of the Florida Forever program. He asked the rest of the Commission to support the creation and funding of a successor program. Vice-Mayor Jones motioned to adopt Resolution #2007-222; 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 7.6 RESOLUTION #2007-226 Revised Resolution A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, DECLARING CERTAIN PERSONAL PROPERTY TO BE OBSOLETE, SURPLUS, AND OF NO FURTHER USE TO THE CITY OF DANIA BEACH; DECLARING THE INTENT OF THE CITY TO DISPOSE OF SUCH PROPERTY AT THE DIRECTION OF THE CITY MANAGER; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2007-226. Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,November 13,2007—7:00 p.m. Vice-Mayor Jones thought we should make citizens aware that the items are available. He would like the Commission to receive a quarterly report of the bids and the account where these funds are being allocated. Vice-Mayor Jones motioned to adopt revised Resolution 92007-226; 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 7.7 RESOLUTION #2007-227 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA URGING THE MEMBERS OF THE UNITED STATES CONGRESS TO RE-ENACT THE FEDERAL ASSAULT WEAPONS BAN (AWB); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2007-227. Commissioner Bertino commented on the right to bear firearms, and that people will still be able to purchase semi-automatic weapons. He reported that states with gun bans have a higher percentage of shootings than those without, and he thought this measure would stop citizens from purchasing the clip type weapons, but not from purchasing guns. Commissioner Bertino felt we were going the wrong way by supporting the Assault Weapon Ban. He further commented that the problem was with the people using the weapons, not the weapons themselves. Commissioner Flury thought assault weapons were atrocious and supported this Resolution. Commissioner Flury motioned to adopt Resolution #2007-227; seconded by Vice-Mayor Jones. Mayor Anton noted he had asked for this Resolution to be placed on the Agenda because he wanted to make everyone aware that our society is becoming more violent everyday. He commented on the increasing number of Police Officers recently killed. Mayor Anton wanted the Legislature to consider the enactment of such a ban within the State of Florida, similar to the one adopted by other states in the country. 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 Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,November 13,2007—7:00 p.m. 7.8 RESOLUTION #2007-228 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A RENEWAL OF AN AGREEMENT WITH THE CHILDREN'S SERVICES COUNCIL OF BROWARD COUNTY UNDER THE M.O.S.T. (MAXIMIZING OUT-OF-SCHOOL TIME) GRANT PROGRAM; APPROVING ENTRY INTO AN AGREEMENT BETWEEN AFTER SCHOOL PROGRAMS, INC. AND THE CITY OF DANIA BEACH, IN CONJUNCTION WITH THE GRANT AGREEMENT, TO PROVIDE AFTER SCHOOL PROGRAM STAFFING SERVICES, INCLUDING, BUT NOT LIMITED TO ADVERTISING, INTERVIEWING, PROVIDING REQUIRED SCREENING AND TESTING SERVICES, AND REPLACEMENT OF CANDIDATES, UNDER THE SUPERVISION OF THE CITY OF DANIA BEACH PARKS AND RECREATION DEPARTMENT; CONFIRMING THAT SPECIAL CONDITIONS EXIST IN ORDER TO SECURE SUCH SERVICES WITH AFTER SCHOOL PROGRAMS, INC., 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 42007-228. Commissioner Flury questioned the additional $33,000 funding and the possible elimination of the surveillance camera system at Frost Park. Colin Donnelly, Assistant City Manager, advised he was not aware that there was a surveillance camera system at the park when this matter was discussed at a previous meeting. Kristen Jones, Parks and Recreation Director, clarified that the surveillance system was installed by BSO Chief Cowan; it covered the perimeter of the building and the back patio and it is not a good quality system. She noted this is not the same system as the one that will be installed at the other parks. Commissioner Flury indicated that funding this program was important, however, we had already voted to put the surveillance system in all the parks. She would prefer to fund the MOST and ASP Programs from Contingency. Commissioner Flury motioned to adopt Resolution #2007-228, with funding from Contingency; 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 Ordinances (Titles read by City Attorney) 7.9 ORDINANCE #2007-029 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING SECTION 5-2(E) OF THE CITY CODE OF ORDINANCES TO CLARIFY THE RESTRICTION AS TO THE NUMBER OF DOGS (THREE) THAT MAY BE KEPT IN A DWELLING UNIT; DEFINING THE TERM "DWELLING UNIT" (CODE SECTION 5-1.3); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,November 13,2007—7:00 p.m. 7.10 ORDINANCE #2007-030 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 CLARIFY THE RATES TO BE PAID FOR BEACH PARKING PERMITS PARKING FEES FOR MOTOR VEHICLES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Commissioner Castro motioned to approve the Consent Agenda, with the exception of Items 47.2, 47.3, 97.5, #7.6, #7.7, and #7.8; 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 8. Bids and Requests for Proposals There were no proposals at this meeting. 9. Public Hearings and Site Plans 9.1 RESOLUTION #2007-194 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE WAIVER REQUEST PERTAINING TO EMERGENCY GENERATOR (WA-54-07), SUBMITTED BY TANYA PIKER ON BEHALF OF HOMEOWNER MITCHELL J. SHOELSON, FOR PROPERTY LOCATED AT 5022 SW 40T" AVENUE, IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Continuedfrom October 9, 2007) Mayor Anton advised that staff asked that this item be withdrawn because they have not heard from the applicant since the item was continued on October 9, 2007. Item #9.4 was heard after Item #9.1 City Attorney Ansbro advised the following items were quasi-judicial matters, and swore-in those who would speak. He asked the Commission to disclose any communications they had on these matters. Item #9.2 was heard after Item#9.5 9.2 RESOLUTION 42007-218 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST BY JOHN ENGLAND, P.E., WITH CONSULTECH DEVELOPMENT SERVICES, INC., ON BEHALF OF REGINA NOVAES PERIM REPRESENTING VENEZIA VILLAS, LLC, FOR AN EXTENSION OF VARIANCE VA-49- Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,November 13,2007—7:00 p.m. 06 APPROVED BY RESOLUTION NO. 2006-195 AND SITE PLAN SP-10-06 APPROVED BY RESOLUTION NO. 2006-197, ALL APPROVED ON NOVEMBER 28, 2006, FOR PROPERTY GENERALLY LOCATED AT 4432 SW 52nd STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution 42007-218. Laurence Leeds, AICP, Director of Community Development, explained the location of the property, which is currently vacant. He noted that the applicant is requesting an extension of a previously approved variance, waiver and site plan for the construction of an eight-unit town home project. The reason for the extension is due to delays with processing permits with Broward County agencies. Director Leeds had no objection to extend the approvals for a maximum of one year. Mayor Anton opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. The Applicant noted he has been working with the County for the past six months and is also having problems with Florida Power and Light. He asked for consideration of his request due to circumstances beyond his control. Commissioner Bertino motioned to approve Resolution #2007-218, for one year; 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 9.3 RESOLUTION #2007-219 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST AND PERVIOUS AREA WAIVER SUBMITTED BY MANNY SYNALOVSKI OF CUBELLIS/SGR ON BEHALF OF THE PROPERTY OWNER HARRY DORNBUSCH, ATLANTIC 18, LLC, FOR PROPERTY LOCATED AT 1249 STIRLING ROAD, IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2007-219. Laurence Leeds, AICP, Director of Community Development, explained the location of the property and noted it is across the street from the Public Services facility. The request is for a site plan to construct an 80,745 square foot warehouse/office complex. The applicant is requesting a waiver for a fifteen feet rear yard setback. Staff asked the applicant to move the front of the building to allow for more landscaping along Stirling Road. He further noted that the applicant is also requesting a fifteen percent pervious area. The Public Services Director indicated there are special circumstances that support this reduction. Staff and the Planning and Zoning Board recommend approval. Mayor Anton opened the Public Hearing. Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,November 13,2007—7:00 p.m. Patty Hart, 517 NE 2nd Place, questioned if they would be required to install a wall because it backs up to residential property. Director Leeds noted that the applicant has been notified that a six foot wall is required, as well as landscaping along the south property line. Seeing as there was no one else to speak in favor or opposition, Mayor Anton closed the Public Hearing. Commissioner Flury questioned if the applicant meets all the landscaping requirements. Director Leeds indicated that if the Commission requests the applicant to increase the pervious area and the vehicular use area requirement, he will be reducing the parking which will make the building smaller. Commissioner Castro supported the project, with the condition that they build the wall and provide additional landscaping. Commissioner Bertino commented it was an unattractive building. Director Leeds clarified for Vice-Mayor Jones that our practice is to notify the abutting properties outside the City however, he could not guarantee the property owners to the south were notified. Director Leeds changed his recommendation and asked for this item to be continued until the November 27, 2007 City Commission meeting. Vice-Mayor Jones motioned to continue Resolution #2007-219 until the November 27, 2007 City Commission meeting at 7:00 p.m.; seconded by Commissioner Bertino. The motion failed on the following 2-3 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro No Mayor Anton No Commissioner Flury No Commissioner Flury motioned to approve Resolution #2007-219, with the condition that the applicant provide additional landscaping to the front and rear of the building and the applicant modifies the north parapet treatment of Building #1 to be consistent with Building #4; seconded by Commissioner Castro. 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 Item #9.4 was heard after Item #9.1 Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday,November 13,2007—7:00 p.m. 9.4 RESOLUTION 42007-220 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY PAUL COMEAU FROM CHAPTER 28, "ZONING", ARTICLE 4.21, "SCHEDULE OF LOT, YARD AND BULK REGULATIONS", FOR PROPERTY LOCATED AT 1402 NW 8°1 STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2007-220. Mayor Anton disclosed that he spoke with Mr. Comeau. Laurence Leeds, AICP, Director of Community Development, explained the applicant wants to replace an existing roofed porch in the back of the property with a new, enclosed sunroom. He indicated our code did not allow this. Director Leeds noted that staff, as well as the Planning and Zoning Board, recommended approval of the variance request. He advised there have been no objections from the neighbors. Mayor Anton opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Commissioner Castro motioned to approve Resolution #2007-220; seconded by Vice-Mayor Jones. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 9.5 RESOLUTION #2007-225 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST BY JOHN BARTLEY ON BEHALF OF THE OWNER DOREEN BARTLEY FOR A SECOND EXTENSION (ORIGINAL EXTENSION WAS APPROVED ON OCTOBER 10, 2006, AND EXPIRES ON NOVEMBER 8, 2007) RELATING TO THE APPROVAL OF VARIANCE VA-51-05 BY RESOLUTION 2006-174; FOR PROPERTY LOCATED AT 250 SW 4T" STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2007-225. Laurence Leeds, AICP, Director of Community Development, noted that the request is for an extension of a previously granted variance for the construction of a single-family home. He recommended approval of the request. John Bartley, 201 SE 2"d Avenue, applicant, explained that he is requesting a three-year extension due to the current real estate market situation. Mayor Anton opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,November 13,2007-7:00 p.m. Commissioner Flury motioned to approve Resolution #2007-225; 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 Item #9.2 was heard after Item #9.5 10. Commission Comments 10.1 Commissioner Bertino Commissioner Bertino had no comments. 10.2 Commissioner Castro Commissioner Castro noted that she received a "Thank You" card from South Broward High School Marching Band for the City's $500 contribution towards their new uniforms. Commissioner Castro advised that Clare Vickery and the Antique Festival Committee are working on the next Art and Antiques Festival to be held in January 2008. In the meantime, they are opening the "Angels Exhibit" at Grace Cafe, featuring Purvis Young, beginning in December. The Exhibit is co-sponsored by the Boys and Girls Club of Broward County and Arts Park at Young Circle. She encouraged businesses within the City to support this event. Commissioner Castro asked City Manager Pato to remind Ms. Vickery to move forward with the request for permits for the January event. Commissioner Castro asked Assistant City Manager Donnelly for clarification about funds that might be available for hurricane or storm mitigation for homeowners. She questioned whether Dania Beach had joined this program and if we were sending notices to residents. Assistant City Manager Donnelly explained there had been some confusion because of notices appearing in the newspapers. He clarified that the City applied for approximately $278,000 in supplemental CDBG mitigation funds to assist homeowners with damages caused by the hurricanes. Broward County expects to receive approval from the Federal Government in May, at which time we will publish the information. As regards the Mobile Home Mitigation Program referred to by some residents, it was a Bill before the Florida Legislature that has not gotten out of Committee yet. 10.3 Commissioner Flury Commissioner Flury requested an update on the Neighborhood Improvements Program at the next meeting, including the Linear Park and the SE traffic calming project. Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday,November 13,2007—7:00 p.m. Commissioner Flury commented that the Dania Woman's Club will be celebrating their 1001h Anniversary on December 4, 2007. She requested a proclamation be presented at the November 27 Commission Meeting, and noted that Norma Connors would provide the necessary information. 10.4 Vice-Mayor Jones Vice-Mayor Jones requested that mutual aid information be included in the Departments' Quarterly Reports. He would also like to see a report of costs for charity from Parks and Recreation. Vice-Mayor Jones expressed his concern regarding young men trying to break into automobiles on SW 151 Avenue. Chief Peterson, BSO District I1, commented they are aware of the situation and they are currently working in conjunction with the City of Hollywood. He noted they had three burglary arrests in the past three days. Chief Peterson asked citizens to lock their cars. Vice-Mayor Jones requested the Code Compliance Unit check on a recreational vehicle parked at SW 2"d Avenue and 4`h Street which is in disrepair and is affecting the appearance of the area. Vice-Mayor Jones advised he recently attended the Lions Club breakfast and they discussed the possibility of bringing the Boys and Girls Club to Dania Beach. They spoke about the need to raise approximately $500,000 for operational costs. He noted that they thought about using our parks and having our staff trained so they could work with them because if they use our facilities, there would not be a need to pay for the construction of a building. Vice-Mayor Jones indicated these were only suggestions and they have not reached a final decision. Vice-Mayor Jones read a list of free events sponsored by Memorial Healthcare System. He said he would provide the community event sheet to the City Clerk to post at City Hall. Vice-Mayor Jones reported that he attended the Griffin Civic Association and noted they are very active within the community. Vice-Mayor Jones advised he will be out of town and will not attend the Abatement Hearing on Thursday, November 15, 2007. 10.5 Mayor Anton Mayor Anton commented on the condition of the repaved NW 401h Avenue roadway. He asked City Manager Pato to contact the County Administrator to look at this situation. Mayor Anton advised that the Melaleuca Homeowners Association will meet tomorrow night, November 14, in the Commission Chamber. Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday,November 13,2007—7:00 p.m. Mayor Anton noted that he attended the County meeting on November 6 regarding the Part 150 Program for the Fort Lauderdale-Hollywood Airport expansion. He indicated their recommendations to the FAA are based on insufficient funds. He read some of the recommendations and suggested residents contact the FAA about the low numbers provided by the County. Mayor Anton commented the Florida Commission on Ethics no longer requires the Dania Beach Housing Authority members to complete Financial Disclosure Forms. Mayor Anton would like to hear the opinion of the other members of the Commission. Commissioner Bertino did not think it was necessary for them to fill out the Financial Disclosure Form. Commissioner Castro, Commissioner Flury, Vice-Mayor Jones and Mayor Anton thought they should complete the Financial Disclosure Form. It was the consensus of the Commission to have City Attorney Ansbro bring forward a resolution at the next Commission meeting, confirming that the members of the Dania Beach Housing Authority should continue submitting Financial Disclosure Forms. 11. Discussion and Possible Action There were no discussion items on this agenda. 12. Appointments Commissioner Flury appointed Linda Wolfson to the Nuisance Abatement Board. Vice-Mayor Jones motioned to approve the Board appointment; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 13. Administrative Reports 13.1 City Manager Pato City Manager Palo advised the cost for the Dania Elementary Family Day to be held on Saturday, December I" at Frost Park from 11:00 a.m. to 4:00 p.m., would be approximately $2,500. This cost includes the DJ, Bounce House, Popcorn and Candy Machines, Face Painter Clown, and food and beverages. He will bring forward a recommendation as to where the funds Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday,November 13,2007—7:00 p.m. should come from. City Manager Palo asked the Commission to consider implementing a policy for this type of request, in order to be consistent. 13.2 City Attorney Ansbro City Attorney Ansbro noted he will not be able to attend the Abatement Hearing on Thursday, November 15, 2007. He clarified that Code Attorney Tim Ryan will be present. 13.3 City Clerk—Reminders Thursday, November 15, 2007—6:00 p.m. Abatement Hearing Tuesday, November 27, 2007—6:00 p.m. Special Meeting - Interviews for Unified Land Development Code Tuesday, November 27, 2007— 7:00 p.m. Regular City Commission Meeting City Manager Pato advised he will be meeting with the Interim County Administrator tomorrow on the Library and other general issues. 14. Adjournment Mayor Anton adjourned the meeting at 9:10 p.m. ATTEST, ( _ l CITX F D NI BEACH LOUISE STILSON, CMC IfMB ANTON CITY CLERK MAYOR-COMMISSIONER Approved: November 27, 2007 Minutes of Regular Meeting 16 Dania Beach City Commission Tuesday,November 13,2007—7:00 p.m.