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HomeMy WebLinkAboutNULL (413) MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION MONDAY, NOVEMBER 10, 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 City Clerk: Louise Stilson 2. Invocation and Pledge of Allegiance Father Roger Holoubek, St. Maurice Catholic Church, gave the invocation followed by the Pledge of Allegiance to the United States Flag. 3. Presentations and Special Event Approvals 3.1 Executive Search Services Presentations 3.1.1 Colin Baenziger& Associates Colin Baenziger presented an overview of his agency to the Commission, which is attached to and incorporated into these minutes. He noted his office is based in Palm Beach County and he would be the lead person on this recruitment. Mr. Baenziger stated that they are willing to tailor their approach to meet the needs of the City and for that purpose they have provided costs for a full package or some phases of it. Vice-Mayor Castro questioned how many of the candidates they have selected lasted less than six months or less than a year in their position. Mr. Baenziger advised there were no candidates that lasted less than six months. He further noted that they had about three city managers who lasted less than a year. Mr. Baenziger explained that they have noticed that city managers who have been in that position for a long time have difficulty in adapting to a new environment. They are therefore trying to avoid this type of candidate. Mayor Jones requested that a military background check also be performed on the applicants. Commissioner Flury requested a shorter timeframe between the closing date for receiving applications and the submission of candidates to the Commission. 3.1.2 The Mercer Group, Inc. Vice-Mayor Castro disclosed that she previously worked with Connie Hoffman. City Attorney Ansbro confirmed this was not an impediment for Vice-Mayor Castro's participation. Connie Hoffman, Senior Vice-President of the Mercer Group, noted that Jim Mercer, President of the firm, would be the primary person working on this project and she would be working in conjunction with him. She provided a history of her work experience, including the fact that she was a City Manager. She stated the Mercer Group has been in business for 30 years, and it is a credible firm. Ms. Hoffman remarked that a poor selection of a city manager could cost the City a lot of money; hence the need for an experienced consultant to go through this process. She indicated that they would bring 5-7 finalists to the City Commission to interview and evaluate. Ms. Hoffman advised that the timeline is approximately 90 days. Ms. Hoffman noted that the firm and Jim Mercer are based out of Atlanta, Georgia. Commissioner Anton confirmed with Ms. Hoffman that their fee would be $15,000, plus some out-of-pocket fees, such as advertising, testing, etc., which would not exceed $8,000. Ms. Hoffman clarified for the Commission that newspaper advertising is not included in the above costs. Mayor Jones requested a military background check be performed on the applicants. 3.1.3 Waters-Oldani Executive Recruitment Andrea B. Sims, Senior Consultant with the company, noted their firm has been in business for over 30 years, and it is based in Dallas, Texas. However, they have done a lot of searches for executive positions in the State of Florida. She explained the selection process and indicated that they have partnered with other organizations such as ICMA. Ms. Sims advised they are proud of the diversity of their firm and remarked they have selected women and people of color. They would bring 3-7 finalists for Commission consideration and would help coordinate the final process. She pointed out that a City Manager position is not a good choice for someone coming from the private sector. Ms. Sims advised that the timeline for this process would typically be 80 days from the day the brochure is completed. Commissioner Anton confirmed with Ms. Sims that the total cost would be approximately $25,000 and that the prospective candidates' travel would not be included in this price. Minutes of Regular Meeting 2 Dania Beach City Commission Monday,November 10,2008—7:00 p.m. Ms. Sims responded for Mayor Jones that they have not had any litigation during the past three years. The Commission concurred they would discuss this issue at the workshop immediately following tonight's meeting. 4. Proclamations There were no proclamations at this meeting. 5. Citizen Comments George Jason, 4549 SW 37t' Avenue, advised the Hard of Hearing free phone equipment distribution would be in the Atrium at City Hall on Friday, November 21, from 9:00 a.m. — 12:00 p.m. Additionally, he noted that CERT members would be available for anyone needing assistance. Adolfo Jimenez, Chairman of the Dania Beach Chamber of Commerce, 102 W. Dania Beach Boulevard, distributed a package outlining some of the Chamber's achievements and goals. He also provided an update on some of the functions in which the Chamber is currently involved. Mr. Jimenez further requested $23,000 in economic development funds to assist the Chamber of Commerce with future projects. Mayor Jones recognized the efforts of the Chamber of Commerce to market our City. He supported the request. Commissioner Bertino supported the request and clarified that the request is for this budget year, which started October 1, 2008. City Manager Palo clarified that with this request and the funds allocated to the Arts and Antiques Festival, we have very little money left for the remainder of this fiscal year. Commissioner Bertino motioned to grant the request; seconded by Vice-Mayor Castro. Vice-Mayor Castro wanted assurance that the Chamber would work together with the Tourism Council in marketing our City. She also noted that although in the past we had requested pre- planning funding information from the Chamber in order for the City to contribute with some expenses, she would agree to waive this requirement at this time. Mr. Jimenez confirmed that he would be working in conjunction with Joe Van Eron of the Tourism Council. He also agreed to Vice-Mayor Castro's request for a "pay as you go" expense arrangement. Minutes of Regular Meeting 3 Dania Beach City Commission Monday,November 10,2008—7:00 p.m. Commissioner Flury clarified with Mr. Jimenez that the amount of$23,000 does not include the pages that are provided in the Chamber directory. She would like this stipulation to be included in the motion. Commissioner Bertino noted that he would not amend his motion to include this provision. Commissioner Anton realized there have been dramatic improvements in the Chamber; however, he was not prepared to vote on this issue tonight and would prefer to discuss it at the next meeting. He thought we needed time to review the request, as opposed to hearing it under Citizen Comments. Commissioner Anton presented a substitute motion to add this item to the November 25 Commission meeting agenda for discussion by the Commission. Vice-Mayor Castro asked if, in the meantime, the Commission would approve the amount of $10,000 to cover the Dania Beach Blast event. Commissioner Bertino withdrew his motion. Commissioner Bertino seconded the motion. The motion failed on the following 2-3 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro No Commissioner Bertino Yes Mayor Jones No Commissioner Flury No Commissioner Flury motioned to approve the request; seconded by Commissioner Bertino. The motion carried on the following 4-1 Roll Call vote: Commissioner Anton No Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes 1946 Ti ertail Boulevard said Fabiola Vi io owner of Pla Nation Pla S stems of South Florida, g , g Y Y Y they have been established in Dania Beach for about 12 years and they have always displayed their playground equipment, but they are now being told it is illegal. She noted they cannot afford an attorney and asked the Commission to settle the issue. Commissioner Flury and Mayor Jones noted that they met with the representatives of the company. Commissioner Flury confirmed with the City Attorney that the display of the equipment is illegal, even though they have been doing this for 12 years. She questioned why, during these economic times, we are going after businesses. Commissioner Flury pointed out that if they do not display the playground equipment they will not have a business anymore. Minutes of Regular Meeting 4 Dania Beach City Commission Monday,November 10,2008—7:00 p.m. City Attorney Ansbro clarified that the display of the playground has always been illegal. He suggested that he could do a text amendment to the zoning, for this particular use; if the business leaves the City, the approval is no longer valid. Commissioner Bertino noted this type of issue should not be discussed under Citizen Comments. He thought we should place this item on the next agenda to allow some time for the Commission and staff to look at the details of the case. In the meantime, any code violations should be kept in abeyance. City Attorney Ansbro noted he is prepared to draw up a text amendment. It was the consensus of the Commission to add this item to the November 25 Regular Meeting agenda for discussion of the proposed text amendment. City Attorney Ansbro clarified that the amendment would still need to go to the Planning and Zoning Board for approval. Jimmy Crimminger, 237 SW 15t' Street, welcomed Frank Schnidman, CRA Advisor. Limor Arika, 38 SE 14a' Street, advised that she currently owns three rental properties in the City. She noted that due to the malfunctioning of the toilet, she received an unusual water bill for property located at 36 SE 10 Street. Ms. Arika asked the Commission to provide some relief by recalculating the rate. She was not aware of the running water and accrued a bill for $1,200. Ms. Arika asked that the bill be recalculated at the lower consumption rate, as opposed to the higher rate. The Commission noted that Ms. Arika has made improvements to her property. Patricia Varney, Director of Finance, advised that she was not aware of the problem. She noted that if Ms. Arika can document that there was a leak, she could make an adjustment. However, she cannot adjust the sewer portion of the bill because the water actually went down the sewer. Dominic Orlando, Director of Public Services, noted that the City actually pays less for more water used. Director Varney noted that she will bring this issue back to the next Commission meeting after she has a chance to review the account. She further advised that they will not shut off the water until this matter is settled. Ralph Eddy, 150 SE 3`d Avenue, provided an update on the traffic on his street. He asked if the City would replace a"No Thru Truck" sign that was knocked down by a truck. Vice-Mayor Castro noted the City takes care of this type of problem, but the sign needs to be ordered from Broward County and it may take some time. Minutes of Regular Meeting 5 Dania Beach City Commission Monday,November 10,2008—7:00 p.m. 6. Public Safety Reports Vice-Mayor Castro wanted to make Chief Peterson aware of a possible drug dealing problem on 7`h and J.A. Ely Boulevard. She suggested the people in the area start a COPS program. Mayor Jones asked for an update on Fire Station#93. Deputy Chief Mike Cassano noted the ribbon cutting is scheduled for December 20, 2008. He further advised that there are additional costs that were not included in the CIP. Mayor Jones thought additional funds had been approved by the Commission. Deputy Chief Cassano clarified that Fire Chief McCartt provided information costs for furniture, etc., but this additional funding was not approved by the Commission at the Workshop. City Manager Palo clarified that he and the Finance Director met with Chief McCartt and agreed to the funding for the equipment. Vice-Mayor Castro clarified that at the October 30 Workshop, the Commission approved funding from Fire Assessment Fees, General Fund and Fire Reserves. Patricia Varney, Director of Finance, advised that the Commission approved the purchase of the fire engine, the rescue unit and the roof repair in the Fire Department. She further noted that Deputy Chief Cassano is referring to the equipment for Fire Station #93 which amounts to $129,000. Finance Director Varney pointed out that some of the furniture requested is very expensive. She noted we do not have the funding to purchase these items and clarified that this request has nothing to do with the CIP presented at the Workshop. Discussion followed between the Commission and Finance Director Varney regarding the funding approved by the Commission and the costs that could be reduced. Finance Director Varney will provide the Commission with the costs that were approved. She suggested placing this item on the next Regular Meeting agenda for discussion. Vice-Mayor Castro would like to see a side-by-side comparison of what was requested by the Fire Department, and what is recommended by the Finance Department. Deputy Chief Cassano clarified for the record that there was an error in one of the items requested and that the correct cost of the printer was $350 and not $3,500. He further noted that he did go to Nanci Denny for assistance in purchasing the furniture. She provided him the information and told him to contact the companies directly. Deputy Chief Cassano pointed out that there is no way we can equip the new Fire Station for $55,000. He remarked he is trying to make the new Fire Station efficient and inexpensive and something the City can be proud of for many years. Minutes of Regular Meeting 6 Dania Beach City Commission Monday,November 10,2008—7:00 p.m. City Manager Pato complimented Deputy Chief Cassano on the job he has done on Fire Station #93. He noted that he can provide Deputy Chief Cassano the costs that Chief McCartt agreed to. Commissioner Anton noted the problem is that everything is being piecemealed, and the Commission does not get an accurate picture. He stressed the fact that we need to stop what is going on and focus on better planning. Commissioner Flury stated the City Manager owes Deputy Chief Cassano an apology. She noted that Chief McCain is not satisfied with the figures presented by the Finance Director and the City Manager. Commissioner Flury further told Deputy Chief Cassano that she is grateful for the time he has put into the new Fire Station and thanked him for his hard work. Mayor Jones stated that we must have communication between departments. He confirmed that the documents need to be presented to the Commission so they can make a wise decision on all City matters. Vice-Mayor Castro clarified that at the Workshop we approved the truck, the EMS rescue unit and the roof for Fire Station#1. Finance Director Varney remarked that her package had the correct information and that the material provided by the Fire Department was not correct. 7. Consent Agenda 7.1 Minutes Approve minutes of October 28, 2008 City Commission meeting Approve minutes of October 30, 2008 City Commission workshop Resolutions 7.2 RESOLUTION#2008-215 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, SUPPORTING AN AMENDMENT TO THE FLORIDA CONSTITUTION TO REQUIRE THE FLORIDA LEGISLATURE TO OPERATE UNDER THE FLORIDA SUNSHINE LAWS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING AN EFFECTIVE DATE. 7.3 RESOLUTION#2008-216 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, URGING THE LEGISLATURE OF THE STATE OF FLORIDA TO FULLY FUND AND SUSTAIN BROWARD COUNTY'S TRAFFIC MAGISTRATE CITATION PROGRAM; IN THE ABSENCE OF FULL FUNDING BY THE LEGISLATURE, URGING THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, THE BROWARD COUNTY CLERK OF THE COURTS, THE BROWARD SHERIFF'S OFFICE, THE POLICE CHIEFS' ASSOCIATION, ALL MUNICIPALITIES IN BROWARD COUNTY AND ANY OTHER INTERESTED ENTITY TO COLLABORATE TO DEVELOP A MECHANISM TO PROVIDE SUFFICIENT FUNDING IN ORDER TO CONTINUE WITH THE BROWARD COUNTY TRAFFIC MAGISTRATE CITATION PROGRAM; URGING THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY AND ALL MUNICIPALITIES IN Minutes of Regular Meeting 7 Dania Beach City Commission Monday,November 10,2008—7:00 p.m. BROWARD COUNTY TO CONSIDER IMPOSING A SURCHARGE ON ALL TRAFFIC TICKETS ISSUED WITHIN THE COUNTY TO ASSIST WITH THE FULL FUNDING OF THE TRAFFIC MAGISTRATE PROGRAM; URGING THE ABOVE-REFERENCED ENTITIES TO JOIN IN THIS REQUEST FOR FULL FUNDING OF THE BROWARD COUNTY TRAFFIC MAGISTRATE CITATION PROGRAM; PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE. 7.4 RESOLUTION #2008-217 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ESTABLISHING FILING DATES AND PROVIDING FOR THE CALLING AND HOLDING OF A PRIMARY ELECTION IN THE CITY OF DANIA BEACH, FLORIDA, ON TUESDAY, FEBRUARY 10, 2009 FOR THE PURPOSE OF NOMINATING CITY COMMISSIONERS TO BE VOTED UPON AT THE GENERAL ELECTION TO BE HELD ON TUESDAY, MARCH 10,2009;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION #2008-218 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY WITH DR. BRENDA C. SNIPES, SUPERVISOR OF ELECTIONS OF BROWARD COUNTY, FLORIDA IN CONNECTION WITH THE SELECTION OF POLL WORKERS FOR CITY ELECTIONS IN 2009; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION #2008-219 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXTEND THE CONTRACT WITH SUNGARD PUBLIC SECTOR, INC. (FORMERLY HTE, INC.)AS AN APPLICATION SERVICE PROVIDER UTILIZING THE SUNGARD PUBLIC SECTOR SERVER AS THE HOST COMPUTER SYSTEMS FOR A PERIOD OF FIVE YEARS; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Ordinances (Titles read by City Attorney) 7.7 ORDINANCE #2008-030 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA PERTAINING TO FLOOD REGULATIONS; AMENDING CHAPTER 12,"FLOOD DAMAGE PREVENTION'OF THE CITY CODE OF ORDINANCES TO CREATE A DEFINITION FOR THE TERM "MARINA" (SECTION 12-5, "DEFINITIONS") AND CREATING A SPECIFIC BASE FLOOD ELEVATION FOR MARINAS (CODE SECTION 12-52 "SPECIFIC STANDARDS"; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Commissioner Anton motioned to adopt the Consent Agenda; 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 Monday,November 10,2008—7:00 p.m. 8. Bids and Requests for Proposals There were no proposals at this meeting. 9. Public Hearings and Site Plans 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. 9.1 RESOLUTION #2008-204 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, FOR A FOURTH EXTENSION RELATING TO THE REQUEST FOR APPROVALS SUBMITTED BY DAVID MANKUTA WITH THE LAW FIRM, ATKINSON DINER STONE MANKUTA & PLOUCHA P.A. REPRESENTING HOLLYWOOD INVESTMENTS GROUP, I, LLC, FOR VARIANCE VA-03-06 GRANTED BY RESOLUTION 2006-105; SPECIAL EXCEPTION USE SE-03-06 GRANTED BY RESOLUTION 2006-106; VACATION VC-03-06 GRANTED BY RESOLUTION 2006-112; AND SITE PLAN REQUEST SP-03-06 GRANTED BY RESOLUTION 2006-107, FOR THE PROJECT KNOWN AS PIRATES INN/CASA BENI, FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US I AND NE IsT COURT, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Continuedjrom October 28,2008) City Attorney Ansbro read the title of Resolution#2008-204. David Mankuta, attorney for Hollywood Investments Group, noted they have a significant investment in the property and have every intention to fully realize the project. He noted that as soon as the economy improves they will move forward with the project, and requested an extension of time to accomplish their goals. Jeremy Earle, CRA Director, noted he met with the owner and discussed the project. He recommended a 6-month extension of the request. Vice-Mayor Castro provided a history of the ordinance that requires a time limit on development. She concurred with the CRA Director's recommendation but stated that this would be her last extension approval. Commissioner Bertino noted that the economy will not turn around in six months. He suggested approving the extension for 18 months if we really want to keep the permits in place. Mayor Jones opened the Public Hearing. Jimmy Crimminger, 237 SW 15a' Street, noted the Commission has worked hard on this development. He indicated that unfortunately, the economy determines what we do today. Mr. Crimminger requested the Commission approve the 6-month extension as recommended by CRA Director Earle. Minutes of Regular Meeting 9 Dania Beach City Commission Monday,November 10,2008—7:00 p.m. Bob Mikes, 601 NW 7`h Street, noted this is an opportunity for the City to consolidate several parcels along this block by denying the request. He indicated if the project is built it would be for an institutional use. Mr. Mikes said the housing economy is not coming back. He pointed out this is a terrible project and added that we need to get real with this property and build something realistic. Seeing as there was no one else to speak in favor or opposition, Mayor Jones closed the Public Hearing. Attorney Mankuta clarified that they had a contract buyer and came back to the Commission and listened to what was suggested. He agreed with Commissioner Bertino and acknowledged that six months may not be realistic, and requested a reasonable extension of time. Commissioner Anton agreed to the 6-month extension recommended by CRA Director Earle. He would not be willing to approve any future extensions for this project. Commissioner Anton motioned to adopt Resolution #2008-204 for a 6-month extension; 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 9.2 RESOLUTION #2008-205 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VARIANCE REQUEST SUBMITTED BY SHMAYA WAKS, FOR PROPERTY OWNER ARIEL EDELSBURG OF N & D HOLDINGS, INC. FOR PROPERTY LOCATED AT 3325 GRIFFIN ROAD, IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Continued from October 28,2008) City Attorney Ansbro read the title of Resolution#2008-205. Corinne Lajoie, AICP, Principal City Planner, provided a history of the property. She explained the request and noted that if it is approved, we would require the owner to enter into a written agreement with the City providing that the land that comprises the off-site parking area shall never be disposed of, except in conjunction with the sale of the building which the parking area serves, so long as the facilities are required. The agreement shall be terminated by the City if other off-street parking facilities are provided which meet Code requirements. Ms. Lajoie indicated that the agreement should be recorded with Broward County, at the applicant's expense. She also noted that the applicant must obtain a Business Tax License for the operation of a synagogue. The Planning and Zoning Board recommended denial of the request. Ms. Lajoie advised that she developed a new parking plan providing 15 parking spaces on the western portion of the property. She further noted that the applicant provided a letter stating that he will provide logs or plantings to insure that the vehicles are kept from the residential area. Minutes of Regular Meeting 10 Dania Beach City Commission Monday,November 10,2008—7:00 p.m. City Attorney Ansbro clarified that if the request is approved, the Business Tax License would not be required. Colin Donnelly, Assistant City Manager, noted that Code Compliance visited the area and tenants confirmed that parking is difficult during weekends. Vice-Mayor Castro would like to hear the property owner's opinion regarding parking at the Y P P Y P g gP g property. She thought the applicant was also required to put in gravel, if the request was approved. Donn Peterson, BSO Chief, reported that over the weekend his officers performed hourly checks, and most of it was pedestrian traffic. He indicated the vehicles were attributed to other businesses and not the synagogue. Mayor Jones indicated that the parking will present a problem in the future, mainly on the low side of the property. He does not have a problem with parking on the high side. Mayor Jones thought the Commission agreed that the parking would be gravel. He noted the property owner should be present at the Commission meeting. Mayor Jones opened the Public Hearing. Walter Duke, 609 E. Sheridan Street, agreed the property needed parking. He noted his expertise in land use. Mr. Duke said that Griffin Road is an internationally known road in the design industry and we should be very careful on the type of things we approve in this corridor. He indicated that he spoke to Code regarding the problems on this property, as well as fire rescue issues regarding accessibility in the event of an emergency. Mr. Duke further addressed the drainage problem that exists in that shopping center. He indicated that he talked to the property owner and he is aware that the tenant is petitioning the City for parking. Mr. Duke noted that the owner has a problem with Code, and said that the owner told him he does not intend to have a lease with the tenant, and he is requiring the tenant to carry insurance. Mr. Duke did not speak in favor or opposition of the request, but wanted to make the Commission aware of the issues involved. He remarked the house foundation is not safe and should be removed. Finally, he listed a number of conditions that should be included if the request is approved. Mr. Duke recommended that this be a temporary variance and reviewed on an annual basis. He questioned why the Temple could not enter into a parking agreement with the Showman's Association. Seeing as there was no one else to speak in favor or opposition, Mayor Jones closed the Public Hearing. Nick Lupo, Code Compliance Manager, confirmed there are code violations on both properties. He noted he has been in contact with the property owner, and he does not want to deal with the issue of the Temple. Mr. Lupo clarified for the record that the ownership of the properties is not the same. Shmaya Waks, applicant, acknowledged that it is a low lying property, but only the right hand side of the property floods. He said they do not have a parking problem and thought the Minutes of Regular Meeting 11 Dania Beach City Commission Monday,November 10,2008—7:00 p.m. synagogue should not be penalized for the traffic problems that already exist. Mr. Waks would like to leave the parking area as grass, and not create an expense for the synagogue unless it is absolutely necessary. He would agree to pay up to a couple of hundred dollars to gravel the parking area, but not more. Mr. Waks noted the property owner wants to help them and is not charging for the land to be used as parking. Mayor Jones noted this is not the City's problem; it is between the synagogue and the property owner. He remarked that the owner needs to put the gravel in, not the tenant, and if the owner is not willing to come to the City, then there is nothing we can do. City Attorney Ansbro clarified that the synagogue needs parking because it is an assembly use. Commissioner Bertino indicated that not having gravel in the parking area is a liability, therefore we should not grant this type of variance. He said the parking lot would have to be gravel and brought up to a reasonable grade considering it is a dangerous situation. Commissioner Bertino noted the owner would also need to provide documented permission for the use. City Attorney Ansbro clarified that the parking must be approved in order for the business to continue. He noted the Commission could vote separately on the two variances requested. Ms. Lajoie clarified that the Showman's Association parking is not immediately adjacent to the property or under the same ownership. Furthermore, staff would need to make sure the parking available for the Showman's Association is the required parking, or they may not have any parking to share. Vice-Mayor Castro was concerned with the code violations on both properties. She noted that approving this request would be rewarding the property owner by taking care of his problems. Vice-Mayor Castro will not support this request because the property owner does not want to get involved in this issue. She suggested the applicant approach the Showman's Association for a shared parking agreement. Commissioner Flury suggested Mr. Waks get a written agreement from the Showman's Association for the use of their parking. City Attorney Ansbro noted a variance would still need to be approved. Commissioner Bertino motioned to allow off-site parking within 150 feet; seconded by Vice-Mayor Castro. The motion carried on the following 4-1 Roll Call vote: Commissioner Anton No Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes Commissioner Bertino motioned for the parking to be gravel and compacted in a safe manner; seconded by Commissioner Flury. The motion carried on the following 3-2 Roll Call vote: Minutes of Regular Meeting 12 Dania Beach City Commission Monday,November 10,2008—7:00 p.m. Commissioner Anton No Vice-Mayor Castro No Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes Commissioner Bertino clarified that there should be a written agreement from the landlord that the approval goes with this type of use as recommended by Ms. Lajoie. 10. Discussion and Possible Action 10.1 Update on Enterprise Zone expansion and boundary adjustments — Assistant City Manager Colin Donnelly, Assistant City Manager, noted the City has put forward the City of Miami plan to use wetlands to expand the enterprise zone. We are looking at the industrial area, south of the Airport which would link the east and the west zones. He asked for Commission approval on the preliminary plan before the December 41h Enterprise Zone Advisory Board meeting. It was the consensus of the Commission to move forward with the plan presented by staff. 10.2 Discussion— Direction to staff on how to proceed with Election results regarding the sale of the Boisey Waiters property, Election Date change, and two-year term for Mayor City Clerk Stilson clarified that the sale of the Boisey Waiters property was a referendum question and the other two were straw ballot questions. City Attorney Ansbro provided the requirements for the sale of the Boisey Waiters property and noted we must offer it for sale to the public within a period of 60 days after the Election. Commissioner Flury stated the Commission had no idea that they had to offer to sell the property within 60 days. Vice-Mayor Castro noted that the vote was so close that she would prefer to investigate other options at this time. Commissioner Bertino suggested listing the property, obtaining a market analysis, and pricing the property at a high price which would give us the opportunity to decide what is best for the City. City Attorney Ansbro clarified that a realtor is not required. He further noted that the last appraised value was S700,000. Minutes of Regular Meeting 13 Dania Beach City Commission Monday,November 10,2008—7:00 p.m. It was the consensus of the Commission for the City Attorney to handle the situation. They concurred to place a "For Sale by Owner" sign on the property and that all offers will be made to the City Attorney. City Attorney Ansbro noted that the Election date change does not need to be done by referendum, only by ordinance adopted by the Commission. He clarified that this provision would eliminate the Primary Election, and it would be effective November 2010. It was the consensus of the Commission to proceed with the preparation of the Ordinance. City Attorney Ansbro noted that the two year term Mayor requires a referendum vote, and an ordinance must be adopted before the end of this year in order to meet the deadline for the Supervisor of Elections to appear on the March 2009 ballot. It was the consensus of the Commission to move forward with the preparation of the ordinance to submit the referendum question to the Supervisor of Elections Office. Addendum 10.3 Discussion — Amending the City Charter to provide that the City Commission may hold no more than 4 regular meetings of the City Commission at places within the City, other than at City Hall—Mayor Jones Commissioner Flury motioned to approve the request made by Mayor Jones, seconded by Commissioner Bertino. The motion carried unanimously. It was the consensus of the Commission to proceed with the purchase of the recording equipment to allow the meetings to be held off-site. 11. Commission Comments 11.1 Commissioner Anton Commissioner Anton asked if the new sign to be placed at the Melaleuca Gardens entrance was ordered. He would like to receive some information so the neighbors are aware of what has been done on this issue. 11.2 Commissioner Bertino Commissioner Bertino asked the City Attorney to bring forward the Solar Lighting requirement for new developments, for consideration at the next meeting. Commissioner Bertino also asked City Attorney Ansbro to create an ordinance requiring all new construction to have tank-less water heaters. Minutes of Regular Meeting 14 Dania Beach City Commission Monday,November 10,2008—7:00 p.m. I 11.3 Commissioner Flury Commissioner Flury thought the tree trimming estimate for College Gardens was too high. She suggested staff get quotes from three companies. Dominic Orlando, Director of Public Services, noted the estimates were done in-house. He further indicated that one vendor estimated $30 per tree. Commissioner Bertino asked why we were not doing this for the entire'City, as opposed to just a specific area. Commissioner Flury reiterated she would like to see three quotes presented at the next meeting. Derrick Hankerson, 746 SW 3`d Street, noted that he has a solar water heater and a tank; it is green, but it has a tank. He hoped that any new ordinance would not preclude anyone from having this type of system. 11.4 Vice-Mayor Castro Vice-Mayor Castro asked City Attorney Ansbro to draft an ordinance to create a Green Committee or Board. Vice-Mayor Castro noted that the Seniors are planning to have their luncheon at Lorenzo's, and indicated that she would provide the cost proposal to the Director of Parks and Recreation. Vice-Mayor Castro asked for an update on foreclosures and abandoned properties. City Attorney Ansbro noted that he and Code Compliance Manager Nick Lupo will meet with Attorney Tim Ryan next Wednesday to discuss these issues and report back to the Commission. Vice-Mayor Castro thought that they should contact Mr. Pearson, who is an expert in this field, and a Dania Beach resident. Vice-Mayor Castro would like to hold a Creative Workshop. She commented on the case of Jason Wenig, who appeared at the October 14, 2008 Commission meeting, requesting Commission assistance regarding the trucks encroaching his property and destroying his fence. Vice-Mayor Castro requested that staff to contact Mr. Wenig and tell him there may be a solution to his problem. She asked if someone had contacted the business owner responsible for the damage. BSO Chief Donn Peterson confirmed they met with the other property owner. City Manager Pato will follow up with Mr. Wenig. Vice-Mayor Castro advised that a lady who resides at 42"d Terrace was having a yard sale over the weekend and the Code Compliance Unit took down the signs. She would like Commission Minutes of Regular Meeting 15 Dania Beach City Commission Monday,November 10,2008—7:00 p.m. approval to modify the ordinance for yard sale signs and suggested a requirement to post a sign bond for $25. Vice-Mayor Castro thought we should try to help residents with the current economy. 11.5 Mayor Jones Mayor Jones said that as a member of the Water Task Force for the County, he attended their tour of Pompano Beach and West Palm Beach. He noted that Pompano Beach has the oldest reclamation plant in Broward County. Mayor Jones explained that this plant ties into the outfall for waste into the ocean and the reuse the water for arks and golf courses and some residents Y P buy the water for $0.72 per thousand gallons. He thought we might look at this option in the future. Mayor Jones advised he attended the College Gardens Neighborhood Association meeting and Y g g g they expressed their concerns regarding loitering during early morning hours. He asked BSO Chief Peterson to look into the matter. Mayor Jones noted that the WLRN meeting will be held in the upstairs Conference Room at City Hall on Thursday,November 13 at noon. Mayor Jones noted that the Martin Luther King, Jr., Committee meeting will be held tomorrow, November 12 at 7:00 p.m. at C.W. Thomas Park. Mayor Jones noted that Memorial Healthcare System submitted a letter to the City requesting our participation in supporting their fundraising event for the Joe DiMaggio Children's Hospital. He advised the cost for joining is $1,500 and asked the Commission if they would be interested in sponsoring this event. Vice-Mayor Castro noted she attended the event last year. She questioned if the tickets could be used in a positive way, such as a performance type incentive program for City boards. City Manager Palo pointed out that we have no Bus Bench money left. He noted that fundraising is tough in this economy and contributions would have to be reduced. Commissioner Bertino thought it was more appropriate for the City to send letters to organizations requesting their support for this good cause, however, we should not be expending taxpayer money at this time. 12. Appointments Mayor Jones suggested Vanessa Gilyard as Commissioner Bertino's appointment to the Grant Advisory Board. Commissioner Anton motioned to approve the Board appointment; seconded by Commissioner Bertino. The motion carried unanimously. Minutes of Regular Meeting 16 Dania Beach City Commission Monday,November 10,2008—7:00 p.m. 13. Administrative Reports 13.1 City Manager City Manager Pato provided a copy of the report requested by the Commission for the Fire Department. He pointed out that this is the information that he and Fire Chief McCartt agreed to fund on November 3, 2008. Patricia Varney, Director of Finance, noted that she advised the Commission that the City Attorney's budget would be overdrawn because of the Airport attorneys' costs. She advised that after closing the books it showed that it was $120,000 short. The Commission originally advised to take any funds needed from the Airport Reserve Fund. Director Varney wanted to clarify this before doing as the Commission directed. Commissioner Anton advised to keep the $500,000 in tact. He thought it would be a mistake to reduce any funds now, because we may have to face some legal challenges. 13.2 City Attorney City Attorney Ansbro had no comments. 13.3 City Clerk - Reminders Thursday,November 20, 2008 — 6:00 p.m. Abatement Hearing Tuesday,November 25, 2008 —7:00 p.m. City Commission Meeting Tuesday, December 9, 2008—7:00 p.m. City Commission Meeting 14. Adiournment Mayor Jones adjourned the meeting at 10:20 p.m. aanIS Rksr ATTEST: �f� _—`': CITY OF DANIA BEACH LOUISE STILSON, CMC - ALBE RT C. JONE CITY CLERK � - MAYOR-COMMISSIONER Approved: November 25, 2008 Minutes of Regular Meeting 17 Dania Beach City Commission Monday,November 10,2008—7:00 p.m.