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HomeMy WebLinkAboutNULL (412) MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, OCTOBER 14, 2008 — 7:00 P.M. 1. Call to Order/Roll Call Mayor Jones called the meeting to order at 7:00 p.m. Present: Mayor: Albert Jones Vice-Mayor: Anne Castro Commissioners: Bob Anton John Bertino Patricia Flury City Manager: Ivan Pato City Attorney: Thomas Ansbro Deputy City Clerk: Miriam Nasser 2. Invocation and Pledge of Allegiance Pastor Mario Cinelli, Lighthouse Community Church, gave the invocation followed by the Pledge of Allegiance to the United States Flag. 3. Presentations and Special Event Approvals 3.1 Special Event Request for the St. Maurice Annual Country Fair to be held at 2851 Stirling Road on October 13-16, 2008 Vice-Mayor Castro motioned to approve the Special Event request for the St. Maurice Annual Country Fair; seconded by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes 3.2 Special Event Request for the Gemco Coin and Jewelry Show to be held at the Springhill Suites, 151 SW 18'h Court, Dania Beach, on November 9-16,2008 Vice-Mayor Castro motioned to approve the Special Event request for the Gemco Coin and Jewelry Show; seconded by Commissioner Flury. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes 3.3 Gertrude Sater, Dania News and Book Store, 310 E. Dania Beach Boulevard, request for reconsideration for Business Tax Receipt for the operation of 5 Coin-operated Video Amusement machines City Attorney Ansbro advised the request for the issuance of a business tax receipt to Gertrude B. Sater, owner of Dania News and Book Store, in connection with the operation of five coin operated video amusement machines was denied at the September 23, 2008 Commission Meeting. Ms. Sater has requested to be given an opportunity to explain her case. Vice-Mayor Castro motioned to reconsider the request made by Gertrude Sater, Dania News and Book Store; seconded by Commissioner Flury. The motion carried unanimously. Gertrude Sater, owner of Dania News and Book Store, 310 E. Dania Beach Boulevard, noted the video machines have been there for more than nine years. She said people come to the shop to relax, there are no children, only adults, and there are no payouts or reimbursements involved. Commissioner Flury commented she did not understand why this matter has now evolved, when the machines have been there for such a long time. Nick Lupo, Code Compliance Manager, advised the subject came up during a city-wide investigation being done by BSO for mock gambling machines. The business address was given to the Code Compliance Unit for them to conduct an inspection to ensure there was no money associated with the business. City Attorney Ansbro clarified that this Ordinance has been in our Code since 1971 and the operation is permitted provided all the requirements are met by the owner of the business. Commissioner Flury noted she visited the place on different occasions and there were no children playing the machines, only elderly people. She asked if there were other places in town in the same situation. Mr. Lupo advised there were other businesses in town with the same operation, two of which are in the process of complying with Code, and the others may consider removing the machines. City Attorney Ansbro confirmed the applicant has satisfied the criteria required by Code. Vice-Mayor Castro motioned to approve the request made by Gertrude Sater; seconded by Commissioner Anton. Commissioner Anton asked BSO Chief Peterson if there have been any problems or complaints regarding the businesses operating these machines. Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,October 14,2008—7:00 p.m. Donn Peterson, BSO Chief, noted that in some cases they have found out that there is no license for the operation. He further added that there are no issues with Ms. Sater's location. Mr. Lupo noted that it was discovered that in some of the other locations where the machines are operated, patrons were receiving vouchers for in-store credits, which is against the City Ordinance and State Statute. Commissioner Flury clarified for the record that by approving this request, we are not setting any precedent since every case is different and would require Commission approval. Commissioner Anton confirmed with City Attorney Ansbro that if any violations occur in the future, we can always revoke the license approval. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes 3.4 Certificate of Appreciation Presentation—City Manager City Manager Pato presented City Attorney Ansbro with a Certificate of Appreciation for Suzanne Shields, who is leaving the City to relocate to another state. He noted Ms. Shields has been the Legal Assistant to City Attorney Ansbro for almost seven years, and he remarked that the quality of her service to the City of Dania Beach is very much appreciated. Ms. Shields was unable to attend tonight's meeting due to her imminent departure. City Attorney Ansbro accepted the Certificate of Appreciation on her behalf and thanked the City for this kind gesture. He further noted that Ms Shields did an excellent job for him and the City and she will definitely be missed. City Manager Pato commented that somebody recently told him that he had been in this position longer than other City Manager. He noted that he has had the privilege to work with this Commission and staff for seven years. However, he promised his wife he would spend more time with the family and announced his retirement effective April 30, 2009. City Manager Pato clarified he is retiring, not quitting, and although some people will speculate otherwise, he did it his way and will continue to do it until his very last day with the City. Commissioner Anton motioned to accept City Manager Pato's date certain retirement effective at the close of business on April 30, 2009. He further directed the City Manager, City Attorney and the Human Resources/Risk Management Director to find three search firms in order for the Commission to select one to look for the best candidate to replace City Manager Pato; seconded by Commissioner Bertino. Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,October 14,2008—7:00 p.m. Vice-Mayor Castro confirmed City Manager Palo had shared this information with the Commission before the meeting. She added that he will definitely leave the City better than he found it. Vice-Mayor Castro remarked that there are a lot of good candidates in the current market and suggested having these firms make a brief presentation at the next Commission meeting, since time is of the essence. She added she would like to have a screening committee to select the new City Manager, similar to the one used for the selection of the CRA Director. Vice-Mayor Castro pointed out that the committee should involve City staff members who do not report to the City Manager. She suggested City Attorney Ansbro, CRA Director Earle, and Commissioner Flury as the members of the Committee to review the applications received by the search firm. Commissioner Flury thought it was a mistake to start with a search firm because we are a very small town and a position with this type of salary would not be a priority for them. She recommended creating an in-house team including one Commissioner, with the help of the Human Resources Department. Commissioner Flury noted that City Manager Pato has done a good job and appreciated the length of time he has given the City to find a replacement. However, she thought that an eight month notice created uncertainty. Commissioner Flury further suggested accepting City Manager Pato's retirement and discussing the hiring of a new City Manager separately. Commissioner Anton removed the search firm portion of his motion. Commissioner Anton made a substitute motion to accept City Manager Pato's date certain retirement effective at the close of business on April 30, 2009; seconded by Commissioner Bertino. Mayor Jones congratulated City Manager Pato on his forthcoming retirement. He thanked him for all he has done for the City. City Manager Pato thanked the Commission on behalf of his wife. He further noted we still have a lot of things to do, such as negotiating collective bargaining agreements, and other important matters, all of which he plans to achieve successfully. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes Commissioner Anton motioned to direct the City Manager and staff to find three search firms in order for the Commission to select one to look for the best candidate to replace City Manager Pato; seconded by Commissioner Bertino. Commissioner Bertino talked about ICMA. He explained that ICMA (International City/County Management Association) is an organization that offers a wide range of services to the local government community. Commissioner Bertino noted that we used them once and the process Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,October 14,2008—7:00 p.m. went well. He also recommended that all the Commissioners should receive a copy of each application, for review and comments. Mayor Jones was not in favor of a search firm because it would be very expensive. Vice-Mayor Castro thought a search firm would be costly and unnecessary, considering there are a lot of qualified people available. It will also be a lengthy process, involving applications, screening, interview process, etc. She remarked we need to move quickly because of the holidays. Vice-Mayor Castro concurred with Commissioner Bertino that the Commissioners should review each application received for the position. She noted that we should take advantage of an organization like ICMA, which could assist at no cost to the City. Commissioner Anton withdrew his motion. City Manager Pato suggested running the ads for the position, and look for search firms at the same time. He would not recommend any staff as part of a committee to select their next boss. City Manager Palo pointed out that search firms are not too expensive. He also noted that due to the upcoming Elections, not too many qualified applicants would want to be hired by one Commission and work for another. City Manager Pato advised the proposed agreement would have to include a good severance package for the first two years of the contract. He said the City has the tools in place to find a good candidate, such as Charter issues that put the City in a very strong position, and adjusted pay scale. Mayor Jones asked City Manager Pato what he thought about ICMA. City Manager Pato advised ICMA is an excellent organization to work with; they have the expertise and provide their services for free. Commissioner Flury noted that City Manager Pato could not have picked a worse time to retire because by May I't we are preparing the budget. She indicated that if the Commission does not drive the process it will take seven months. Commissioner Flury suggested getting the ICMA representative, and have the Human Resources Department run ads simultaneously. Once the applications are received, copies should be provided to the Commissioners for their review. Commissioner Flury agreed CRA Director Earle, who does not report to the City Manager, should be part of the screening committee, as well as the City Attorney and one Commissioner who chooses to participate in any of the interviews. She thought we should make a decision tonight on the best course of action to take. Commissioner Bertino motioned to direct staff to bring three search firms who would filter and review each application to the next Commission Meeting, in order to select one to look for the best candidate for the City Manager position; seconded by Commissioner Anton. Vice-Mayor Castro asked Director McDonald to provide them with a copy of the basic Charter requirements to hire a City Manager. Minutes of Regular Meeting $ Dania Beach City Commission Tuesday,October 14,2008—7:00 p.m. Mary McDonald, Director of Human Resources and Risk Management, confirmed with the Commission that she should bring three search firms to the next Commission meeting to make a 7-minute presentation and let us know what they would do and how much they would charge for their services. In addition to the three firms, the Commission would like to have a representative from ICMA come and explain what services they can offer to the City. Vice-Mayor Castro noted that depending on the number of applications, they will need to narrow the list down to three people and pass it on to the City screening committee for review. She also indicated that we need to establish the criteria on how far we want them to come from and any possible relocation fees. Vice-Mayor Castro pointed out we should discuss this aspect of the hiring process at the next Commission meeting, since we are not ready to talk about this issue tonight. Mayor Jones noted that the Commission could also bring any potential candidates they have, provided they follow the application process. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes Commissioner Anton motioned to allow City Manager Pato to maintain his compensation through the close of business on April 30, 2009, in the event that he leaves prior to that date due to the hiring of his successor; seconded by Vice-Mayor Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes 4. Proclamations 4.1 Fire Prevention Month Mayor Jones presented a proclamation celebrating Fire Prevention Month to Jack McCain, Fire Chief. Jack McCartt, Fire Chief, thanked the City for this recognition. He further emphasized that people should be aware of the importance of addressing Fire Prevention Month and home safety. He asked Deputy Fire Chief Cassano to provide everyone with an update on the status of the construction of Public Safety Facility #93. Michael Cassano, Deputy Fire Chief, distributed copies of a Progress Report for the construction of Public Safety Facility #93, which is attached to and incorporated into these minutes. He noted Minutes of Regular Meeting Dania Beach City Commission Tuesday,October 14,2008—7:00 p.m. that a formal dedication of Station #93 is scheduled for Saturday, December 20, 2008. Deputy Chief Cassano thanked City Manager Pato for giving him the opportunity to manage the project, as well as City staff that assisted him along the way. He remarked that the building, which will serve the community in the western part of the City, will withstand strong hurricanes and will be there for a long time. Deputy Chief Cassano advised that when the Insurance Service Organization (ISO) did a study of the City, they recognized the importance of placing a station in that area. He finally added that this project became a reality through the GO Bond and invited everyone to attend the dedication celebration on December 20. Commissioner Flury thanked Deputy Chief Cassano for his efforts to move this project forward. 5. Citizen Comments Jason Wenig, owner of Classic Car Restoration located on the corner of NW 3rd Street, directly north of Fire Station #1 and west of the Post Office, talked about the damage caused to his property by 18-wheelers from Finish Line Feed, Inc., a business located at 35 NW 3`d Avenue. The trucks constantly encroach on his property causing damage to his fence and destroying his landscaping. Mr. Wenig advised he talked to the owner as well as the drivers, but to no avail. He then filed a police report but BSO told him there was not much they could do. Mr. Wenig said he put up some pyramids to prevent the trucks from ruining his fence, but a Code Compliance Officer came and explained that the pyramids were not allowed and that a broken fence was a violation. He pointed out that as of today he has spent more than $8,000 in repairs for his fence. Mr. Wenig wanted the City to be aware of the situation and asked for suggestions to resolve the problem. Commissioner Flury clarified with Mr. Wenig that he used white triangle cones to protect his property. She asked staff for suggestions in order to assist Mr. Wenig with his problem. Vice-Mayor Castro recommended City Manager Pato meet with Mr. Wenig to try to resolve the issue. She asked BSO Chief Peterson to also participate in the meeting. City Manager Pato said he would arrange to meet with Mr. Wenig tomorrow. Commissioner Anton asked if we could make an exception and let him put up the pyramids. City Attorney Ansbro noted this is not allowed by Code and we would need to amend the ordinance. Mayor Jones suggested the two owners get together to discuss the issue. They should be responsible for what they are doing. He also suggested the City Manager tell them they have to stop doing this. Mayor Jones would like the Commission to receive an update on the situation in due course. Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,October 14,2008—7:00 p.m. 6. Public Safety Reports Chief Donn Peterson, BSO District II, commented the BSO Anniversary celebration was a great event and thanked everyone who attended. He spoke about the woman's silhouette placed next to the BSO receptionist which relates to the material being published regarding domestic violence awareness. Chief Peterson noted that, unfortunately, this problem exists in our community and emphasized the importance of calling the police immediately if the case arises. 7. Consent Agenda Items added to Consent Agenda: #7.14, #7.1 S Items removed from Consent Agenda: #7.3,#7.4 and#7 S 7.1 Minutes Approve Minutes of September 6, 2008 City Commission Workshop Approve Minutes of September 18, 2008 Abatement Hearing Approve Minutes of September 23, 2008 City Commission Meeting Approve Minutes of September 24, 2008 Final Public Hearing FY 09 Budget Resolutions 7.2 RESOLUTION #2008-182 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AMENDING RESOLUTION NO. 2001-223, TO INCREASE THE NUMBER OF AUTHORIZED HOURS PER MONTH FOR SERVICES PERFORMED BY BRENDA CHALIFOUR, ESQ. SPECIAL CITY ATTORNEY; PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.3 RESOLUTION #2008-183 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA URGING THE 2009 FLORIDA LEGISLATURE TO EQUALIZE FUNDING BASED ON POPULATION TO PROVIDE EACH REGION OF FLORIDA, INCLUDING SOUTH FLORIDA, ITS FAIR SHARE OF STATE FUNDING; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2008-183. Mayor Jones noted he requested this item be placed on the Agenda to request the Legislature to provide each region of the State of Florida its fair share of State funding based on population. Commissioner Bertino motioned to adopt Resolution #2008-183; seconded by Vice-Mayor Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,October 14,2008—7:00 p.m. 7.4 RESOLUTION #2008-184 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA EXPRESSING SUPPORT OF THE ACTIVITIES OF MOTHERS AGAINST PREDATORS (MAP), A GROUP OF PARENTS, POLITICAL LEADERS, AND LAW ENFORCEMENT REPRESENTATIVES WHO STRIVE TO PROTECT CHILDREN AGAINST ONLINE PREDATORS; URGING ALL BROWARD COUNTY MUNICIPALITIES TO SUPPORT MAP; DIRECTING THE CITY CLERK TO PROVIDE A COPY OF THIS RESOLUTION TO BROWARD COUNTY, EACH BROWARD COUNTY MUNICIPALITY, AND ALL OTHER INTERESTED PARTIES;PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2008-184. Mayor Jones noted that with technology moving so fast, we allow our children to use the internet and we do not know what they are looking at. He explained that Mothers Against Predators (MAP) creates effective laws and education programs to provide defenses against internet predators. Mayor Jones stressed the importance of parents becoming aware of the dangers posed to our children by these individuals. Vice-Mayor Castro motioned to adopt Resolution #2008-184; seconded by Commissioner Flury. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes 7.5 RESOLUTION #2008-191 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RENEWING INSURANCE THROUGH PUBLIC RISK INSURANCE AGENCY (TO INCLUDE COVERAGES FOR WORKERS' COMPENSATION, POLLUTION LIABILITY,TERRORIST RISK INSURANCE AND STATUTORY ACCIDENTAL DEATH AND DISMEMBERMENT IN A COMBINED TOTAL NOT TO EXCEED $257,252.00 FOR THE PERIOD BEGINNING OCTOBER 1, 2008 AND ENDING SEPTEMBER 30, 2009; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2008-191. Commissioner Flury confirmed with Director McDonald that this is a renewal of our Workers' Compensation, Pollution Liability, Terrorist Risk Insurance and Statutory Accidental Death and Dismemberment for firefighters. Mary McDonald, Human Resources/Risk Management Director, noted the breakdown shows a decrease in costs. She clarified that the breakdown refers to another part of the AIG market. Director McDonald further indicated that we have a contingency plan in place, in the event this provider becomes a victim of the current economic situation. Commissioner Flury motioned to adopt Resolution #2008-191; seconded by Vice-Mayor Castro. Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,October 14,2008—7:00 p.m. Commissioner Bertino asked if we are still paying longshoreman workers' compensation. He commented this is one of the most expensive classifications. Director McDonald responded we do not have anyone classed as longshoreman. She further advised that if anyone is misclassifred the insurance would still pay the claim and we would receive retroactive charges for that premium. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes 7.6 RESOLUTION #2008-192 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE EXECUTION BY CITY OFFICIALS OF A BEACH MAINTENANCE AGREEMENT BETWEEN THE CITY OF HOLLYWOOD AND THE CITY OF DANIA BEACH FOR MAINTENANCE SERVICES AT DANIA BEACH FOR A ONE YEAR TERM WITH TWO ONE YEAR RENEWAL PERIODS; PROVIDING THAT THE AGREEMENT SHALL BE RETROACTIVE TO OCTOBER 1, 2008; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.7 RESOLUTION#2008-193 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE GASOLINE IN AN AMOUNT NOT TO EXCEED $60,000.00 IN FISCAL YEAR 2008-2009, FROM SMF STREICHER UNDER BROWARD SHERIFF'S OFFICE RFP 5-3-8-049; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.8 RESOLUTION#2008-194 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE PLAYGROUND EQUIPMENT FOR FRANK C. ADLER PARK IN AN AMOUNT NOT TO EXCEED $53,000.00 FROM FLORIDA PLAYSYSTEMS INC.; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.9 RESOLUTION #2008-195 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE SERVICES FROM CALVIN, GIORDANO AND ASSOCIATES FOR LIFT STATION IMPROVEMENTS RELATING TO THE REHABILITATION OF LIFT STATION #15; PROVIDING THAT THE COST FOR SUCH SERVICES SHALL NOT EXCEED TWENTY EIGHT THOUSAND EIGHT HUNDRED DOLLARS ($28,800.00); PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.10 RESOLUTION #2008-197 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE SERVICES FROM CALVIN, GIORDANO AND ASSOCIATES FOR LIFT STATION IMPROVEMENTS RELATING TO THE REHABILITATION OF LIFT STATIONS #4, #5, #8, #9 AND #10; Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,October 14,2008—7:00 p.m. PROVIDING THAT THE COST FOR SUCH SERVICES SHALL NOT EXCEED ONE HUNDRED TWENTY SIX THOUSAND FIVE HUNDRED TWENTY FIVE DOLLARS ($126,525.00) PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.11 RESOLUTION 42008-196 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE REPLACEMENT AND INSTALLATION OF SIDEWALK SERVICES IN AN AMOUNT NOT TO EXCEED $70,000.00 IN FISCAL YEAR 2008-2009, FROM STRAIGHTLINE ENGINEERING SERVICES UNDER SOUTHEAST FLORIDA GOVERNMENTAL COOPERATIVE GROUP BID#05-06-012; PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.12 RESOLUTION 42008-198 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY AND BROWARD COUNTY FOR FEASIBILITY STUDY, PRELIMINARY DESIGN, OR RELATED SERVICES FOR PROJECTS RECOMMENDED UNDER THE BROWARD COUNTYWIDE INTEGRATED WATER RESOURCE PLAN TO BE PERFORMED IN PARTNERSHIP WITH LOCAL WATER MANAGERS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Ordinances (Titles read by City Attorney) 7.13 ORDINANCE #2008-028 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY JANE STORMS WITH THE FIRM PULICE LAND SURVEYORS REPRESENTING THE PROPERTY OWNER ALEX NICHOLS FOR THE "NICHOLS PLAT', SUCH PROPERTY BEING LOCATED AT 2875 RAVENSWOOD ROAD, IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF THE "NICHOLS PLAT'; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) ADDENDUM 7.14 RESOLUTION#2008-199 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE DIESEL FUEL IN AN AMOUNT NOT TO EXCEED $95,000.00 IN FISCAL YEAR 2008-2009, FROM BY OIL UNDER SOUTHEAST FLORIDA GOVERNMENTAL COOPERATIVE GROUP RFP # 06-A- 098;PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.15 RESOLUTION#2008-200 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPROVE THE PURCHASE OF SUPPLIES, SERVICES, EQUIPMENT AND MATERIALS FROM DATA- PHONE WIRE&CABLE CORP. IN AN AMOUNT NOT TO EXCEED$12,565.00 RELATING TO WIRING OF COMMUNICATIONS AND COMPUTER EQUIPMENT TO BE INSTALLED AT PUBLIC SAFETY FACILITY NO. 93, PRESENTLY UNDER CONSTRUCTION, PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS;FURTHER PROVIDING FOR AN EFFECTIVE DATE. Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday,October 14,2008—7:00 p.m. Commissioner Anton motioned to adopt the Consent Agenda, with the addition of Items #7.14 and #7.15 and the exception of Items #7.3, #7.4 and #7.5; seconded by Vice-Mayor Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes 8. Bids and Requests for Proposals 8.1 RESOLUTION#2008-201 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE AWARD OF CONTRACT FOR THE SOUTHWEST COMMUNITY CENTER BUILDING; AUTHORIZING THE AWARD OF CONTRACT TO WALKER DESIGN&CONSTRUCTION COMPANY FOR DESIGN/CONSTRUCTION ACTIVITIES IN THE AMOUNT OF $668,087.00; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE AGREEMENT; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE, City Attorney Ansbro read the title of Resolution#2008-201. Dominic Orlando, Director of Public Services, noted that staff had several meetings with the contractor, Walker Design and Construction, and they agreed to reduce the amount by $128,000 from their previous proposal. He pointed out that some miscellaneous items were quantified and the work will be done in-house with City staff. Commissioner Flury commented there must be some drainage work involved in this project because the cost seems very high. She confirmed with Director Orlando that none of these expenses will be covered by State Revolving Funds. Commissioner Flury motioned to adopt Resolution #2008-201; seconded by Vice-Mayor Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes 9. Public Hearings and Site Plans 9.1 ORDINANCE #2008-027 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 23, "TAXATION", ARTICLE VI, "SERVICE CHARGES FOR PROCESSING LIEN INFORMATION', SECTION 23-67, "CHARGES FOR PREPARING AND RECORDING LIENS AND LIEN SATISFACTIONS" TO ESTABLISH A FEE FOR THE PROCESSING OF PARTIAL RELEASE OF CODE ENFORCEMENT LIENS IN ALL Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,October 14,2008—7:00 p.m. MORTGAGE FORECLOSURE CASES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance#2008-027. Mayor Jones opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Commissioner Anton motioned to adopt Ordinance #2008-027, on second reading; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes 9.2 RESOLUTION #2008-185 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO AN EXPANSION OF THE EXISTING COMMUNITY REDEVELOPMENT AGENCY AREA, SUCH RESOLUTION BEING PROMULGATED PURSUANT TO CHAPTER 163, FLORIDA STATUTES, AND SECTION 18.86, BROWARD COUNTY ADMINISTRATIVE CODE; APPROVING A FINDING OF NECESSITY; DEFINING THE REDEVELOPMENT AREA; DETERMINING THAT THE REDEVELOPMENT AREA SUFFERS FROM ONE OR MORE INDICATORS OF BLIGHT; DETERMINING THAT THE EXPANSION OF THE REDEVELOPMENT AREA IS APPROPRIATE AND CRITICALLY NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY, MORALS AND WELFARE OF THE RESIDENTS OF THE CITY; MAKING CERTAIN OTHER REQUIRED FINDINGS AND DETERMINATIONS; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2008-185. Mayor Jones opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Vice-Mayor Castro motioned to adopt Resolution #2008-185; seconded by Commissioner Flury. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes City Attorney Ansbro advised the remaining items were quasi-judicial matters and swore-in those who would speak. He asked the Commission to disclose any communication they had on these matters. 9.3 RESOLUTION#2008-186 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VARIANCE REQUEST SUBMITTED BY CARLOS DIAZ AND ASSOCIATES ARCHITECTS, P.A., REPRESENTING THE Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday, October 14,2008—7:00 p.m. PROPERTY OWNER ACP PARTNERS, LLC, FOR PROPERTY LOCATED AT 4101 RAVENSWOOD 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 #2008-186 and Resolution #2008-187 because they relate to the same property. All members of the Commission advised they were contacted by the applicant for Items #9.3 and #9.4. Corinne Lajoie, Principal City Planner, showed the location of the property and noted there are already four office buildings on site, and the applicant wishes to construct a fifth office building on a portion of the parking lot. She clarified that the construction of the fifth building would not alter the ingress-egress of the property. Ms. Lajoie explained the variance request is to restrict landscape review to the scope of work area, so the entire site would not have to meet code requirements. The site plan was reviewed by the Fire Marshal, the Director of Public Services, the City Landscape Consultant, and the Planning Division. The Planning and Zoning Board recommended approval of the variance and site plan, provided all staff comments are addressed before the issuance of a building permit and the applicant meets with the neighbor regarding the dedication of land for a cul-de-sac. She noted that the applicant is also proposing some updates to the existing buildings. Commissioner Flury questioned if the proposed improvements to the existing buildings would make a better looking structure. Ms. Lajoie noted the most significant visual impacts would be the building elevations which the applicant will show to the Commission. Hope Calhoun, Attorney with the law firm of Ruden, McClosky, et al, representing the applicant, responded for Vice-Mayor Castro that they will be providing concrete pavers at all entrances, new awnings, and new colors. Commissioner Bertino requested the applicant install solar lighting at all four corners of the property, in the interest of public safety. Carlos Diaz, Architect for the project, noted they are placing two solar lights in the center of the property. In addition, they are bringing up the lighting level to where it should be. Attorney Calhoun noted they will discuss the issue with staff and try their best to include two more solar lights. Commissioner Bertino remarked he would like to see four solar lights installed on the site. City Manager Pato offered to send someone from BSO to look at the property and suggest the best locations for the solar lighting. Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday,October 14,2008—7:00 p.m. Attorney Calhoun noted they met with their neighbor to discuss his concerns. Mr. Reich is satisfied with what they will be doing with the drainage. Mr. Reich would also like them to dedicate some land for a cul-de-sac. She advised they agreed to record a declaration to dedicate the necessary land if and when it is determined that a cul-de-sac for SW 22nd Terrace, SW 22nd Avenue,or both is ever needed. Mayor Jones opened the Public Hearings. Dave Reich, neighbor to the south of the property, noted the drainage issues have been addressed. He also pointed out that he would like to get a copy of the document that will be recorded with Broward County, regarding the cul-de-sac. Seeing as there was no one else to speak in favor or opposition, Mayor Jones closed the Public Hearings. Vice-Mayor Castro motioned to adopt Resolution #2008-186; seconded by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes 9.4 RESOLUTION #2008-187 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY CARLOS DIAZ AND ASSOCIATES ARCHITECTS, P.A., REPRESENTING THE PROPERTY OWNER ACP PARTNERS, LLC, FOR PROPERTY LOCATED AT 4101 RAVENSWOOD ROAD, IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Vice-Mayor Castro motioned to adopt Resolution #2008-187; seconded by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes 9.5 RESOLUTION #2008-188 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST FOR ASSIGNMENT OF FLEX ACREAGE SUBMITTED BY SCOTT BACKMAN, ESQUIRE REPRESENTING PROPERTY OWNER JOAN LETO TRUSTEE, JOAN LETO REVOCABLE TRUST, FROM CHAPTER 28, "ZONING", ARTICLE 30.20 INDUSTRIAL RESEARCH OFFICE COMMERCIAL (IROC) ZONING FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF STIRLING ROAD APPROXIMATELY '/a MILE NORTHWEST OF THE I-95 /STIRLING ROAD EXIT, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday, October 14,2008—7:00 p.m. City Attorney Ansbro read the title of Resolution #2008-188, Resolution #2008-189, and Resolution#2008-190 because they relate to the same property. Corine Lajoie, Principal City Planner, provided a history of the property which is currently vacant. She noted the request is for the assignment of flex acreage to allow the construction of a 6-story hotel on property with an Industrial Land Use designation. The applicant is also requesting loading berth and height variances, as well as site plan approval. The Planning and Zoning Board recommended approval of all actions. As regards the site plan, staff recommended approval provided the flex allocation and variances are approved and the applicant provides a copy of the recorded plat prior to the issuance of a building permit. Scott Backman, Attorney with the law firm of Siegel, Lipman, et al, asked City Attorney Ansbro to amend the title of Resolution #2008-189, under Item #9.6, to include the height variance regulations information. Mayor Jones opened the Public Hearings. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearings. Commissioner Bertino motioned to adopt Resolution #2008-188; seconded by Vice-Mayor Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes 9.6 RESOLUTION #2008-189 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VARIANCE REQUEST SUBMITTED BY SCOTT BACKMAN, ESQUIRE REPRESENTING PROPERTY OWNER JOAN LETO TRUSTEE, JOAN LETO REVOCABLE TRUST, FROM CHAPTER 28, "ZONING", ARTICLE 6,22, "OFF- STREET LOADING REQUIREMENTS", FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF STIRLING ROAD APPROXIMATELY V4 MILE NORTHWEST OF THE I-95 / STIRLING ROAD EXIT, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Bertino motioned to adopt Resolution #2008-189 as amended; seconded by Vice-Mayor Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes 9.7 RESOLUTION#2008-190 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY SCOTT BACKMAN, ESQUIRE REPRESENTING PROPERTY OWNER JOAN LETO TRUSTEE,JOAN LETO REVOCABLE TRUST, FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF STIRLING ROAD APPROXIMATELY '/4 MILE NORTHWEST OF THE I-95 / STIRLING ROAD Minutes of Regular Meeting 16 Dania Beach City Commission Tuesday,October 14,2008—7:00 p.m. EXIT, IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Vice-Mayor Castro motioned to adopt Resolution #2008-190; seconded by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes 10. Discussion and Possible Action 10.1 William Stamm request for waiver of re-platting for a vacant property located on SW 4`h Court Corinne Lajoie, Principal City Planner, explained the location of the property which is currently vacant. She noted that the applicant is requesting a waiver of the re-platting to move forward with the vacation of the alley, as required by Code. Commissioner Bertino noted that the dedicated alley connects with the dedicated alley to the north. He questioned if the neighbors to the north would be notified. Ms. Lajoie advised that the neighbors will be notified when the applicant submits the request for vacation. Vice-Mayor Castro motioned to waive the re-platting requirements; seconded by Commissioner Bertino. The motion carried unanimously. 11. Commission Comments 11.1 Commissioner Anton Commissioner Anton thanked City Manager Pato for the manner in which he notified the Commission of his retirement, which allows us sufficient time to select a new City Manager. 11.2 Commissioner Bertino Commissioner Bertino echoed Commissioner Anton's comments. He commented City Manager Pato has done an excellent job of moving the City forward and bringing stability to the City Manager position. Commissioner Bertino noted that City Manager Pato has provided consistency in the administration and his tenure has been very positive for the City of Dania Beach. Minutes of Regular Meeting 17 Dania Beach City Commission Tuesday,October 14,2008—7:00 p.m. 11.3 Commissioner Flury Commissioner Flury talked about Judy Usifer's house on SE tad, which is a very difficult issue. She noted Ms. Usifer has a rental unit in the back of her house which she has not been able to rent for a long time. Commissioner Flury indicated that the construction of the new pump station has made her lose her entire backyard and nobody knows how this will end up. She pointed out that Ms. Usifer is not an easy person to deal with, but we need to do something. She indicated we should reimburse her for her lost rent, for at least six months, and waive her water bill for at least a year, because we are also using her water. Commissioner Flury noted that although the City Manager has offered to put her in a hotel, she will not go because of her dog and her health issues. She further commented that we have a moral obligation to do something for her. Vice-Mayor Castro agreed with Commissioner Flury's comments. She thought we should wait until the project is finished and offer her something that is equitable and fair. Vice-Mayor Castro noted that if Ms. Usifer should need to go into a facility, it would be very hard for her to sell the house. She suggested we offer her something similar to a reverse mortgage or buy-out of the property and at the time of her death, the house would be demolished and the property would become a park. Commissioner Anton noted this is a very specific site, so we do not have to worry about setting a precedent. He pointed out that Ms. Usifer has lost her backyard forever and if she ever rents the apartment, it will be at a very low rent because of the surroundings of the property. Commissioner Anton agreed with Vice-Mayor Castro regarding the possibility of doing a reverse mortgage or purchase assurance, so that in the event Ms. Usifer needs to sell the house, she would get some compensation. He commented that when the pumps are on, there is a lot of vibration and she will have a difficult time trying to sell that property. He thought we should prepare an agreement that she is satisfied with in order to make her life easier, providing we are not putting an undue burden on the taxpayers. Mayor Jones agreed with Commissioner Anton's suggestion of a purchase assurance and hoped she would be agreeable to it. He commented that Ms. Usifer has stated several times that the City should buy the property, but she does not want to move out of the house. Mayor Jones further said we should wait until the project is finished to discuss this matter with her. Dominic Orlando, Director of Public Services, suggested that all the windows and doors facing the facility be replaced with impact soundproof glass. Commissioner Anton thought nothing should be done until the project is completely finished. He further noted that he can recommend someone to do the soundproof work, if this is finally decided. Commissioner Bertino pointed out that there are two other sites where lift stations are being placed which could impact the neighbors. He agreed that we should compensate Ms. Usifer. Vice-Mayor Castro asked if the other two properties were similar to Ms. Usifer's. Minutes of Regular Meeting 18 Dania Beach City Commission Tuesday,October 14,2008—7:00 p.m. Director Orlando briefly explained the location of each of the lift stations being constructed. Commissioner Anton asked Director Orlando to prepare a list of all the sites involving the construction of lift stations. He suggested placing this issue as a Discussion Item on a future agenda,once the project is completed. Commissioner Anton further asked City Manager Palo to contact Ms. Usifer and inform her of tonight's discussion. Director Orlando clarified for the record that all irrigation for the new landscaping will be under a City meter, not Ms. Usifer's. City Manager Pato noted that it has always been our intent to compensate Ms. Usifer for the rental and inconvenience, but it is better to wait until the project is finished before a proposal is discussed. He also indicated for the record, that he wrote Ms. Usifer a letter reiterating the offer to place her and her dog in a proper facility. Vice-Mayor Castro suggested we leave it at the City Manager's discretion to discuss the issue in detail with Ms. Usifer, and bring a recommendation back at the next Commission meeting. 11.4 Vice-Mayor Castro Vice-Mayor Castro noted the Convention & Visitors Bureau Luncheon was a great event. She provided tourism booklets, sent by Joe Van Eton, to those members of the Commission who were unable to attend. Vice-Mayor Castro noted that Claire Satin, a local artist in our community who has participated in other library projects, asked to be included in the Library project. She noted that usually two percent of the construction costs are set aside for an arts program and installation. Ms. Satin would like to be considered as one of the artists participating in the program. Vice-Mayor Castro handed the information provided by Ms. Satin to City Attorney Ansbro for safe-keeping. She pointed out the importance of having art work in public places. 11.5 Mayor Jones Mayor Jones asked the Commission for their thoughts regarding the proposed joint meeting with the City of Hollywood which is still on hold. He emphasized that it is important for all of us to be there to discuss several issues of mutual concern. Mayor Jones suggested December 4, 2008 or January 8, 2009 as possible dates for the meeting. He asked the Commission to notify the City Clerk of their selection. Mayor Jones advised he attended the Water Academy where they discussed several issues including the possible regionalization of water sources throughout the County. He would like the Director of Public Services to accompany him to one of their field trips. Mayor Jones indicated that by February 13, 2009, they will discuss water policy and future water supplies and growth in Broward County. Director Orlando confirmed he would accompany Mayor Jones on the December 5s' field trip. Minutes of Regular Meeting 19 Dania Beach City Commission Tuesday,October 14,2008—7:00 p.m. Mayor Jones noted he attended the Broward League of Cities Education Board meeting where Y g g they expressed their support for the Broward County School Board future actions, the most important one being an amendment for the State to allocate funding sources to support security officers, including school crossing guards, which are currently being paid by municipalities. Commissioner Anton noted that we should make sure that school resource officers are staffed by local agencies and not the Broward County School Board. He further pointed out that school officers provided by the School Board will not work for the City. Mayor Jones talked about the letter received from Broward County offering the City ten vacant lots provided these are used for affordable housing for a period of 50 years. He asked CRA Director Earle to look at the properties. Mayor Jones indicated that acceptance of the parcels would require the City to sign a Declaration of Restrictive Covenants (DRC) which would include certain requirements. He was in favor of accepting the properties from the County. Commissioner Anton recommended accepting the Broward County offer since all of these properties are located in areas where we have had rental problems. He did not have a problem with the DRC. Vice-Mayor Castro clarified with City Attorney Ansbro that one of the requirements of the DRC was that the total annual gross household income would be less than 120% of the median annual adjusted gross income for Broward County. She also confirmed that the County is offering the same deal to other cities. Vice-Mayor Castro was in favor of accepting these properties. Commissioner Bertino explained how the City could sell and develop these properties and where to allocate the funds derived from them. He was also in favor of accepting the parcels. It was the consensus of the Commission to accept the properties offered by Broward County. Mayor Jones noted he attended the Griffin Homeowners Association meeting and commented he would like to have a special meeting with Dania Beach residents in the west section of the City. He remarked that very few members of that area attend the meetings at City Hall. Mayor Jones suggested some of the issues to be discussed at this meeting could be the Unified Land Development Code, the 50/50 Sidewalk Program, Airport issues in general, as well as the expansion of solar lighting. He thought we had to go to west Dania Beach and test their desire for future meetings in that area. Mayor Jones noted that some of the residents in the Annexed area feel they are not part of our City. He asked the Commission for their thoughts. Commissioner Flury thought we could move our meetings around, once or twice a year, when we are opening a new facility. She noted we should not include items on that specific agenda that would create on-going discussions. Commissioner Flury was in favor of having periodic meetings off-site. Minutes of Regular Meeting 20 Dania Beach City Commission Tuesday,October 14,2008—7:00 p.m. City Attorney Ansbro pointed out that for the routine business of the City, the meetings must be held at City Hall. He reaffirmed that only special meetings can be held outside of City Hall. If they want it otherwise, they would need to do a Charter amendment. Commissioner Anton remarked the west part of the City has a different Code, therefore we should have special meetings advertised regarding the new Code. He also said that Airport expansion issues, such as the Part 150, or any FAA decision, would need to be discussed in the west section of the City. Commissioner Anton noted that we need to communicate our interest to hold a special meeting to the City Clerk. He said they do not need to be televised, and that only the recording equipment would be required. Commissioner Bertino pointed out that our City is not that big and that those wanting to attend the meetings do not have a transportation problem. However, it is always the same people who come to City Hall because they are interested. He suggested holding a Special Town Hall Meeting in one of our facilities, on a Saturday, where people can come and talk about their problems. Commissioner Bertino thought that routine regular meetings would not attract a significant amount of people. Vice-Mayor Castro noted she agreed to hold regular or special meetings elsewhere. She further advised, for the benefit of the public, that we are performing our Annual Hydrant Flushing Maintenance and Safety Program for the water. Vice-Mayor Castro added that the smell of chlorine should not be of concern to anyone. Mayor Jones noted we need to adopt a resolution expressing the Commission's interest in holding meetings outside City Hall. He also advised that the City needs to purchase the necessary recording equipment so we can move our meetings somewhere else. Mayor Jones also commented that we should provide transportation for people who want to attend these meetings. Commissioner Anton would like to see proposals of the costs associated with the purchase of the recording equipment, which could be expensive. City Manager Pato noted he asked the City Clerk to get prices on recording equipment. Mayor Jones asked for an update on the pool alarms and security cameras. Chief Peterson referred to Commissioner Flury's inquiry about the status of the LETF request. He noted the request is being processed by the Broward Sheriffs Office and he would provide the date of the Broward County Commission Agenda where the item will appear. Chief Peterson apologized for the delay in the process, and commented they have chosen a camera system which has a lot of good features. Commissioner Flury would like to know the date of the County Commission meeting when this issue will be discussed. She pointed out that the matter has been with the County for more than six weeks. Commissioner Flury further asked about the air cards for the BSO laptops which would also be funded by LETF. She commented we barely have $35,000 for the cameras. Minutes of Regular Meeting 21 Dania Beach City Commission Tuesday,October 14,2008—7:00 p.m. Chief Peterson noted there were funds available for the air cards. Kristen Jones, Director of Parks and Recreation, reported that C.W. Thomas Park is currently under renovation. She noted that the salt water conversion project is also in progress. Director Jones indicated we are still doing some research in order to get three quotes as required by our Purchasing Policy. She confirmed for the Commission that the alarms will be installed at all three pools. 12. Appointments Mayor Jones reappointed John Daizovi to the Dania Beach Housing Authority for a 4 year term effective November 1, 2008. Mayor Jones appointed Gloria Black to the Dania Beach Housing Authority for a 4 year term effective November 1, 2008. Mayor Jones appointed Terri Ward to the Dania Beach Housing Authority to fill a vacancy through October 31, 2009. Commissioner Anton motioned to approve the Board appointments; seconded by Vice- Mayor Castro. The motion carried unanimously. 13. Administrative Reports 13.1 City Manager City Manager Pato talked about the BSO request to provide 64 air cards for our deputies at a cost of$32,246.00. He explained the air card is plugged into their laptops and serves as an antenna or transmitting device. City Manager Pato clarified this amount only covers initial costs, no other charges. He pointed out that we would be confronting other funds when the new contract with BSO is negotiated. Commissioner Anton noted that there is no monthly cost until we discuss the new contract. City Manager Pato clarified that contract negotiations with BSO would begin after the November Election, Commissioner Anton remarked that we would not fund the request until we know how much it will cost. Further discussion followed between BSO Chief Peterson and members of the Commission regarding air time and other related costs. Minutes of Regular Meeting 22 Dania Beach City Commission Tuesday,October 14,2008—7:00 p.m. Chief Peterson confirmed that the air cards and the licensing agreement for the software costs will be covered by BSO-Operating expenses, but not the air time. Commissioner Anton commented that every city in Broward County is implementing the program. Vice-Mayor Castro thought we should purchase the program. Commissioner Flury would like the information on costs presented at the next Commission meeting. Chief Peterson apologized for not having the details with him, but noted that the information is available and he will provide it to the Commission at the next meeting. Vice-Mayor Castro noted this could be a very unique application and it may not have been put out to bid. City Manager Palo advised that the City has been invited by the National League of Cities to set up a display in Orlando on our Solar Street Lighting Program. He indicated a City representative will be going to Orlando in November to showcase the project. The manufacturer will bear the costs of transforming their displays to suit our needs, including our logo and a live demonstration. Commissioner Flury commented there was an article in today's Miami Herald relating to the allocation of funds by Governor Crist specifically for solar lighting. She asked Assistant City Manager Donnelly to obtain the information. Commissioner Bertino noted that we should make sure that the manufacturer of solar lighting would not use our name in their advertising unless they pay us a percentage. Mayor Jones thought this was a great marketing tool for the City. He further noted that the model that the manufacturer would be using in Orlando should be displayed at City Hall for everyone to see. Vice-Mayor Castro asked if we plan to put solar lighting where lights are missing or replace wired lights with solar lighting. Mayor Jones thought it could be a tier process, put solar lights in some corners to provide more lighting to our City. Unfortunately, we cannot afford to replace wired lights with solar lighting. 13.2 City Attorney City Attorney Ansbro had no comments. Minutes of Regular Meeting 23 Dania Beach City Commission Tuesday,October 14,2008—7:00 p.m. 13.3 City Clerk- Reminders Tuesday, October 28, 2008—7:00 p.m. City Commission Meeting Wednesday, November 5, 2008—4:00 p.m. CRA Board Meeting Wednesday, November 12, 2008—7:00 p.m. City Commission Meeting Thursday,November 20, 2008—6:00 p.m. Abatement Hearing 14. Adiournment Mayor Jones adjourned the meeting at 10:01 p.m. ATTEST: CITY OF DANIA BEACH � � A"� LOUISE STILSON, CMC �,pr'' F'as t;T ALBERT C. JONE CITY CLERK ��° —__ MAYOR-COMM IONER Approved: October 28, 2008 mot,asa� Minutes of Regular Meeting 24 Dania Beach City Commission Tuesday,October 14,2008—7:00 p.m. Bradanna Inc 2805 S.Horseshoe Drive Suite 12 Naples Florida 34104 239-455-8891 F.239-417-1249 Dania Beach Public Safety Change Order Proposals On Site Chan a Orders COP No. Description Cost Increase Decrease 1 Trench Drain Chan es Traffic Bearing Grate $1,348.60 2 Traco windows from PGT windows 41,520.89 3 Delete 21 Lockers as Directed By Owner and replace with Fabricated Gear Racks -$3,184.11 4 Changes to the size of steel beams per marked up shop drawings $1,253.93 5 Door Hardware Changes as requested $9,125.58 6 Drain and pump for Dum ster per revised plan $5,205.13 7 Shelf and cabinet door in lieu of metal door for TV in Training Room $0.00 $0.00 8 Change on-site lime rock base to crushed concrete base -$3,209.40 9 Delete Storm Panels Not Required All Impact rated windows, Doors and Louvers installed -$8,036.57 10 Sheet P-01,Tie Oil and Sand Separators into Sanitary $0.00 $0.00 11 Revised HVAC Duct Layout/Design $9,794.71 13 Revised Appliance List $1,909.15 15 Change Fire Rated Doors $550.45 16 Overhead Door Jamb Steel Credit -$3,632.97 17 Re-stake south retention per revised Keith&Associate drawings $600.00 18 Cabinet Modification -$1,539.06 19 Revised Ceilin EOC room $600.00 20 Relocate Electric Panel C $1,034.85 Total Change Orders $10.299.40 Off Site Change Orders COP No. Description Cost Increase Decrease Increase the thickness of the off site asphalt paving from 1.5"to 2"(does not include additional 19 MOT during dela 1 $9,847.85 20 Relocate traffic light control cable and pull boxes per supplied plan $10,002.78 21 Increase width of Valley Curb 24"to 36" $2,539.95 22 Install 2"Backflow,device $3,033.46 23 Mill Roadway at Bus Stop $9,814.75 24 Lowering of Irrigation Main $5,397.91 25 Additional Striping $2,500.00 26 Median Budget Plans have not been complete $20,100.00 Total Off Site Change Orders 1 $63,236.70 Change Orders from items originally to be provided by owner. COP No. Description Cost Increase Decrease 27 Irri atlon Well and Pum $19,337.31 21 Retrofit and Add Washer and D er $4,750.00 22 Add Gas Line for Tank, Increase Size $2,201.80 Total items originally to be provided by owner $26,289.11 Total All Change Orders $99,825.21