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HomeMy WebLinkAboutNULL (538) MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, NOVEMBER 27, 2007 — 7:00 P.M. 1. Call to Order Mayor Anton called the meeting to order at 7:05 p.m. 2. Invocation and Pledge of Allegiance Pastor Howard Rolle, Dania Church of God, gave the invocation followed by the Pledge of Allegiance to the United States Flag. 3. Roll Call Present: Mayor: Bob Anton Vice-Mayor: Albert 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 Presentation by Chip Merriam, Deputy Executive Director, South Florida Water Management District Chip Merriam, Deputy Executive Director, South Florida Water Management District, noted that their role is to advise the City what the alternatives are to secure a water supply plan for future decades. He indicated they have been working with City Manager Pato and the Utilities Department staff to ensure that resources are available for any development within the City. He was concerned with the risk attached to the current water supply situation which may not satisfy the City's demands. Mr. Merriam responded for Commissioner Bertino that the Army Corps of Engineers operates the system and the South Florida Water Management District lobbies in Washington on their behalf. Both agencies have agreed that if any remedial measure is taken on their part, they will raise the water appropriately. He indicated that the SFWMD was the first government agency to bond funds for a restoration project. Mr. Merriam clarified for Vice-Mayor Jones that the surcharge issue is not handled by his agency but by the City's Utilities. He further noted that they are trying to balance the demands and needs of our population with the risky wellfields, specifically in Hallandale, Dania Beach, Lantana and Lake Worth. Mr. Merriam advised that over the next eighteen years the South Florida District alone will have almost another billion gallons a day of new water supply demands and they have to find ways to accommodate them. He also noted that the SFWMD provides credit for municipalities and described their terms. Commissioner Castro felt that the Regional Water District should allocate funds for some good environmental use and water use and treat all the municipalities fairly to ensure that everyone can enjoy clean, cool, drinking water. Mayor Anton thanked Mr. Merriam for his presentation and hoped he would bring the Commission comments and concerns to his organization. 4.2 Special Event Request for the Mt. Sinai Church Bazaar to be held at 113 South Federal Highway on Saturday, December 8, 2007 from 10:00 a.m. —4:00 p.m. Commissioner Bertino motioned to approve the Special Event Request for the Mt. Sinai Church Bazaar; 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 Mayor Anton presented a Certificate from the John Scott Dailey Florida Institute of Government and the Florida League of Cities to Vice-Mayor Jones, for the completion of eighteen hours of instruction at the Institute for Elected Municipal Officials. 5. Proclamations There were no proclamations at this meeting. 6. Citizen Comments Jimmy Crimminger, 237 SW 151h Street, commented on the earlier presentation for the Unified Land Development Code. He applauded the Commission on their quick decision making process. Boisey Waiters, President of College Gardens, commented on the amount of noise in his neighborhood on Wednesday evening. He indicated that BSO was slow to respond to their calls. Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,November 27, 2007—7:00 p.m. Donn Peterson, BSO District II Chief, commented they are a 24/7 operation and they only have delays when they are dealing with life safety issues. He will meet with Mr. Waiters and investigate what the problem was on Wednesday evening. Chief Peterson confirmed to Mayor Anton that he will report back to the City Manager and the Commission on the status of this matter. Dennis Williams, President of the 88 condominium units on Federal Highway, near IHOP, noted they received a delinquent notice for their utilities and the board asked him to request reconsideration from the Commission. He explained the circumstances of the case. It was the consensus of the Commission to have City Manager Pato take care of Mr. Williams' request for $19. 7. Consent Agenda Mayor Anton clarified the travel expense for the City Manager and Vice-Mayor Jones are for the Local Economic Development/Challenges of Community Renewal. City Manager Pato noted that he placed his name on the reservation, but hopefully, the CRA Director will attend. He commented CRA Board members would benefit from this type of seminar. Vice-Mayor Jones noted that he is applying for a scholarship to attend the class. Items removed from Consent Agenda: #7.4, #7.5 7.1 Minutes: Approve Minutes of the November 7, 2007 City Commission Workshop Approve Minutes of the November 13, 2007 City Commission Meeting 7.2 Travel Requests: Travel request of City Manager Ivan Pato to attend the Local Economic r Development/Challenges of Community Renewal to be held in Charleston, South Carolina on April 27-29, 2008 (Estimated cost $1,000, remaining budget$6,800) Travel request of Vice-Mayor Albert Jones to attend the Local Economic Development/Challenges of Community Renewal to be held in Charleston, South Carolina on April 27-29, 2008 (Estimated cost$1,000, remaining budget $3,305.85) Resolutions 7.3 RESOLUTION 42007-229 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA REQUIRING MEMBERS OF THE CITY OF DANIA BEACH HOUSING AUTHORITY TO FILE FINANCIAL DISCLOSURE FORMS WITH THE Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,November 27,2007—7:00 p.m. COMMISSION ON ETHICS OF THE STATE OF FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.4 RESOLUTION #2007-231 A RESOLUTION OF THE CITY COMMISSION OF THE CITY DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO INCREASE THE CONTRACT EXISTING BETWEEN THE CITY AND FRANK HILL CONSTRUCTION, INC FOR THE CONSTRUCTION OF THE DANIA BEACH MARINA RESTROOMS BY THE AMOUNT OF $2,828.10; PROVIDING FOR CONFLICTS; PROVIDING FOR FUNDING; FURTHER, PROVIDING FOR AND EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution 42007-231. Vice-Mayor Jones asked if the hardware was weatherproof. Colin Donnelly, Assistant City Manager, responded the hardware was weatherproof. He confirmed for Commissioner Castro that the combinations to access the Marina will be periodically changed for security reasons. Vice-Mayor Jones motioned to adopt Resolution #2007-231; 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 (Title read by City Attorney) 7.5 ORDINANCE 42007-031 AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORIDA,AMENDING THE DEVELOPMENT ORDER FOR THE DESIGN CENTER OF THE AMERICAS DEVELOPMENT OF REGIONAL IMPACT ADOPTED BY CITY OF DANIA ORDINANCE NO. 20, AS AMENDED BY ORDINANCE NOS, 04-84, 22-84, 05-87, 02-88, 23-90, 47-91, NO. 04-96, 2000-017, 2000-051, AND 2002-022, TO MODIFY THE PHASING SCHEDULE DESCRIBED IN THE DESIGN CENTER OF THE AMERICAS APPLICATION FOR DEVELOPMENT APPROVAL AND TO MODIFY THE DEVELOPMENT OF REGIONAL IMPACT MASTER PLAN (MAP H-1); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the title of Ordinance #2007-031. Laurence Leeds, AICP, Director of Community Development, advised this is necessary because the City has to approve the Development Order before DCOTA can modify their Development of Regional Impact (DRI). Once approval has been obtained, DCOTA will still have to come back to the City Commission for site plan review process. He noted their DRI modifications are: a) increase the size of the Phase II office building from 90,000 to 120,000 square feet; b) add a new 119-room hotel adjacent to Griffin Road; and c) extend the build-out date from 2007 to 2010. Director Leeds recommended approval of the request. Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,November 27, 2007—7:00 p.m. Commissioner Castro motioned to adopt Ordinance #2007-031, on first reading; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes Commissioner Castro motioned to adopt the Consent Agenda, with the exception of Items #7.4 and #7.5; seconded by Vice-Mayor Jones. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 8. Bids and Requests for Proposals 8.1 RESOLUTION 92007-230 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AWARDING THE BID FOR JANITORIAL SERVICES FOR THE CITY OF DANIA BEACH TO MAGIC CLEAN, INC. AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH THE COMPANY FOR SUCH SERVICES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution 42007-230. Vice-Mayor Jones requested the City Manager confirm that this company has no pending lawsuits. He also questioned the number of employees working with this company. Patricia Varney, Director of Finance, advised she had obtained positive references for this company. Vice-Mayor Jones requested that in the future, representatives of companies attend the meetings to allow the Commission to ask questions. Vice-Mayor Jones motioned to adopt Resolution #2007-230; 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 8.2 RESOLUTION #2007-232 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE AWARD OF A BID TO COMMERCIAL FENCE CONTRACTORS, INC. IN THE AMOUNT OF $18,859.50, PERTAINING TO THE DANIA COVE SITE; AUTHORIZING THE PROPER CITY OFFICIALS TO Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday,November 27, 2007—7:00 p.m. EXECUTE THE AGREEMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2007-232. Commissioner Flury questioned why we selected a company from Orlando. She would rather give the opportunity to a small company within our community. Colin Donnelly, Assistant City Manager, noted only four companies responded to the bid. Commissioner Flury questioned if we were required to fence the property completely. Assistant City Manager Donnelly responded in the affirmative. Vice-Mayor Jones confirmed with Assistant City Manager Donnelly that this project was advertised in the Sun Sentinel. He thought we should also advertise our projects in community newspapers which would attract local vendors. Leo Williams, Public Works Superintendent, commented that the main problem in this case is that it is a small project and no one is interested. Commissioner Castro noted that funding for this project will be derived from the Dania Cove grant awarded by Broward County. City Manager Palo indicated that most of the responses we receive for our projects are from Web based sites as opposed to newspapers. Commissioner Castro motioned to adopt Resolution #2007-232; 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. Public Hearings and Site Plans 9.1 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. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2007-029. He noted this is a housekeeping measure to clarify the existing law. Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,November 27,2007—7:00 p.m. Mayor Anton opened the Public Hearing. George Jason, 4549 SW 37`h Avenue, questioned if there was a limit on the number of cats allowed. City Attorney Ansbro responded there is no limit on the number of cats. Seeing as there was no one else to speak in favor or opposition, Mayor Anton closed the Public Hearing. Commissioner Bertino motioned to adopt Ordinance #2007-029, on second reading; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 9.2 ORDINANCE #2007-030 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. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2007-030. Mayor Anton opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Commissioner Castro motioned to adopt Ordinance #2007-030, on second reading; seconded by Vice-Mayor Jones. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 10. Commission Comments 10.1 Commissioner Bertino Commissioner Bertino had no comments. 10.2 Commissioner Castro Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,November 27, 2007—7:00 p.m. Commissioner Castro commented on the article which was recently published in the New Times regarding racial discrimination in the City of Dania Beach. She would like the Mayor to write a letter to the editor and note that the City has changed their culture and behavior, and that their comments are not indicative of the people of Dania Beach. The City has changed dramatically over the past ten years and has become more diverse. Commissioner Castro would like the letter to come from the entire Commission. Commissioner Flury suggested City Manager Palo write the letter. City Attorney Ansbro indicated that he could write the letter based on the statement that was submitted to the New Times in response to written questions they had submitted. Commissioner Castro thought that was a very comprehensive response, and she does not want to go into this type of detail. She would rather clarify for them that the facts stated in their article were historical and not current. She felt the New Times offended a lot of people who live in Dania Beach and she would like to have that clarified. Commissioner Castro wanted everyone to know where we are going, what we are doing, and why we are changing. City Attorney Ansbro noted he would compose the letter for the Mayor's signature on behalf of the whole Commission. 10.3 Commissioner Flury Commissioner Flury requested a written project schedule. City Manager Palo responded we have the information available, but the Public Services Director is hospitalized, and he will bring the information forward at the next meeting. He was pleased to report that most of the projects will be completed ahead of schedule. Colin Donnelly, Assistant City Manager, provided a brief update. He noted the solar lighting project is expected to be completed by the end of the week; the traffic calming project should be completed in about four weeks; and the sidewalk project should be finished by the end of the first quarter of 2008. Assistant City Manager Donnelly responded for Commissioner Flury that the SE traffic calming project should be completed by the end of December. Regarding the SW 2°d Avenue project, we are waiting for a few County issues to be resolved and we hope we will be able to install planters and signs within thirty days. He also stated that the Linear Park is in the planning stage because we are still negotiating costs with Calvin Giordano and Associates. City Manager Palo indicated that the traffic light at 5 h Avenue and Dania Beach Boulevard would have groundbreaking in December, and will be completed by the first quarter of 2008. Commissioner Castro commented on the lack of funding for the SW neighborhood. She was concerned to see that we gave nothing to one of the neighborhoods that needed the most attention. Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,November 27,2007—7:00 p.m. Commissioner Flury noted that this is why we need progress reports with our projects. She asked Finance Director Varney to check where the money was allocated and report at the next Commission meeting. Commissioner Flury expressed her concern with the dark parking lot and lobby at City Hall. She noted it has been this way for a long time, and we need to address the problem because it is not fair to the residents of Dania Beach. 10.4 Vice-Mayor Jones Vice-Mayor Jones suggested we install motion lighting in the parking lot at City Hall. Vice-Mayor Jones spoke about the New Times article and his discussion with Ms. Harrell. He thought Ms. Harrell was misguided by the facts in the article and although some were true, a lot of things have changed in Dania Beach. Vice-Mayor Jones noted that we should learn from this lesson, move on, and become stronger and unified. 10.5 Mayor Anton Mayor Anton noted that he received an e-mail from the Executive Assistant to the City Manager about a 7 year old boy in the City of Dania Beach who collects money for different charities. He would like to recognize him at the next Commission meeting. Mayor Anton noted the Dania Beach Elementary celebration would be on Saturday, December 1st at Frost Park, from 11:00 a.m. —4:00 p.m. He encouraged everyone to attend this community event. Mayor Anton commented that for the past ten years the Dania Beach City Commission has not tolerated any type of discrimination. He further noted that in regards to a comment made by a Mayor of another City, this Commission adopted a Resolution reaffirming our respect for the diversity of all groups. Mayor Anton concurred with the rest of the Commission that we needed to send a letter to the New Times and set the record straight, in a professional manner. 11. Discussion and Possible Action There were no discussion items at this meeting. 12. Appointments There were no appointments at this meeting. 13. Administrative Reports Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,November 27,2007—7:00 p.m. 13.1 City Manager City Manager Pato commented that a lighting project for the parking lot is included in the City Hall Expansion project. Mayor Anton commented that the City Manager wanted to install solar lighting at City Hall but he told him that it was more appropriate to install them in the western neighborhood. City Manager Pato commented that the projects would have moved quicker had they not been reduced in the budget. 13.2 City Attorney City Attorney Ansbro noted we have a claim for damage at the Woman's Club. He asked the Commission how to proceed in order to pay the plumbing company approximately $9,000. City Attorney Ansbro clarified for the record that the City owns the land and the building is owned by the Woman's Club; however, the City pays the insurance. It was the consensus of the Commission to pay the deductible. Commissioner Flury noted that there have been discussions in the past regarding this issue. She indicated we need an agreement that clearly states who is responsible for what. She confirmed for City Attorney Ansbro that the Woman's Club does not want to sell the building to the City. City Attorney Ansbro indicated we have to accept responsibility even though we have no legal responsibility to do so. He clarified that the City would have to pay the entire bill, not just the deductible, if the insurance did not cover the damage. 13.3 City Clerk—Reminders Tuesday, December 11, 2007—7:00 p.m. Regular City Commission Meeting Thursday, December 13, 2007—6:00 p.m. CRA Board Meeting 14. Adjournment Mayor .Anton adjourned the meeting at 8:44 p.m. ATTEST: � � CITY O DANIA BEACH -O LOUISE STILSON, CMC BOB A TO CITY CLERK MAYOR-COMMISSIONER Approved: December 11, 2007 Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,November 27,2007—7:00 p.m.