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HomeMy WebLinkAboutNULL (595) MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, SEPTEMBER 28, 2010 — 7:00 P.M. 1. Call to Order/Roll Call Mayor McElyea called the meeting to order at 7:00 p.m. Present: Mayor: C. K. "Mac" McElyea Vice-Mayor: Anne Castro Commissioners: Bob Anton Walter Duke Bobbie Grace City Manager: Robert Baldwin City Attorney: Thomas Ansbro City Clerk: Louise Stilson 2. Invocation and Pledge of Alle ig ance Reverend Gregory Pope, Bethel Missionary Baptist 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 approval is requested by the Toyota Driving Expectation Program, a teen defensive driving program, to be held October 15-17, 2010 from 7:00 a.m. to 7:00 p.m., at the Brass Pro Shops, 200 Gulfstream Way Vice-Mayor Castro motioned to approve the Special Event request for the Toyota Driving Expectation Program; seconded by Commissioner Duke. The motion carried unanimously. 4. Proclamations There were no proclamations at this meeting. 5. Citizen Comments Victoria Payne, Executive Director, Greater Dania Beach Chamber of Commerce, provided an update of Chamber events. Kurt Ely, Chairman, Dania Beach Parks and Recreation Advisory Board, recommended a fee waiver of$500.00 for the Dania Beach Improvement Committee Annual Halloween Bash, to be held at I.T. Parker Community Center, on October 30, 2010 from 7:00 p.m. — midnight. He clarified that all the necessary requirements have been met. Commissioner Duke motioned to approve the fee waiver for the next three years; seconded by Vice-Mayor Castro. The motion carried unanimously. 6. Public Safety Reports Joe Fernandez, Fire Chief, reported on the Tropical Storm and the measures taken by the Emergency Operations Center staff. He asked residents to report any flooding in order to take the necessary action. 7. Consent Agenda Items removed from Consent Agenda: #7.3, #7.9 7.1 Minutes: Approve Minutes of August 24,2010 City Commission Meeting Approve Minutes of September 16, 2010 Abatement Hearing Approve Minutes of September 14, 2010 City Commission Meeting Approve Minutes of September 13, 2010 First Public Hearing FY 2010-2011 Budget 7.2 Travel Requests: Request for Frank DiPaolo, City Controller, to attend the FGFOA School of Government Finance CGFO review course and exam in St. Augustine, Florida on November 8-13, 2010, for certification purposes (Estimated cost $1,453.00) Resolutions 7.4 RESOLUTION#2010-163 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPOINTING BRENDA CHALIFOUR, ESQUIRE, AS AN ENVIRONMENTAL CONSULTANT TO ASSIST THE CITY ON AIRPORT, PIPELINE AND OTHER ENVIRONMENTAL ISSUES; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION#2010-166 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR APPROPRIATION OF FUNDS FOR FISCAL YEAR 2009-2010; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday, September 28,2010—7:00 p.m. 7.6 RESOLUTION #2010-167 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO PURCHASE VIRTUAL SERVER COMPUTER SYSTEM AUTOMATION HARDWARE AND SOFTWARE FROM DELL COMPUTER CORPORATION UNDER STATE CONTRACT PRICING FOR AN AMOUNT NOT TO EXCEED $40,885.00; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.7 RESOLUTION#2010-168 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR APPROPRIATION OF FUNDS FOR FISCAL YEAR 2009-2010; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.8 RESOLUTION#2010-169 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO PURCHASE FLOOD INSURANCE FROM AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA IN AN AMOUNT NOT TO EXCEED $31,405.00 FOR THE PERIOD EXTENDING FROM OCTOBER 1, 2010 THROUGH SEPTEMBER 30, 2011;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.10 RESOLUTION#2010-171 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO PURCHASE ENTERPRISE RESOURCE PROCESSING (ERP) SYSTEM SOFTWARE FROM NEW WORLD SYSTEMS UNDER THE PROPOSAL AWARD OBTAINED BY THE TOWN OF DAVIE FOR AN AMOUNT NOT TO EXCEED $588,300.00; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Commissioner Anton motioned to adopt the Consent Agenda, with the exception of Items #7.3 and #7.9; seconded by Vice-Mayor Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Duke Yes Mayor McElyea Yes Commissioner Grace Yes 7.3 RESOLUTION#2010-162 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AMENDMENT NUMBER 3 TO THE EXISTING AGREEMENT FOR AN IMPLEMENTATION PLAN FOR DANIA BEACH BRIDGE PROJECTS WITH KIMLEY-HORN AND ASSOCIATES, INC., TO PROVIDE ADDITIONAL CONSULTING SERVICES FOR AN AMOUNT NOT TO EXCEED $59,200.00; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2010-162. Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday, September 28,2010—7:00 p.m. Commissioner Duke was pleased with the work performed by Kimley-Horn and Associates. He commented these initiatives to raise our bridges are about creating jobs. Commissioner Duke remarked this was money well spent which will benefit our community. Commissioner Duke motioned to adopt Resolution #2010-162; seconded by Commissioner Grace. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Duke Yes Mayor McElyea Yes Commissioner Grace Yes 7.9 RESOLUTION#2010-170 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE AGREEMENT FOR POLICE SERVICES BETWEEN THE CITY OF DANIA BEACH AND THE BROWARD COUNTY SHERIFF'S OFFICE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2010-170. Commissioner Grace asked if the Police Officers would be patrolling the areas on horses. Donn Peterson, Police Chief, responded we would have a mounted unit, but it would be limited due to budget constraints. Commissioner Grace questioned the increase in call volume. Chief Peterson noted that we receive additional calls for service due to our proximity to the airport and seaport; however, he is comfortable with the current staffing level in our District. Commissioner Grace noted she was concerned regarding the two School Resource Officers (SRO) for the schools. She further indicated that she was pleased to see that Broward County will reimburse the City for the SRO's. Commissioner Anton noted that BSO Sheriff Lamberd could not attend this meeting because the County is also meeting tonight. He urged the citizens to contact the County and remind them that we pay Ad Valorem taxes, which should compensate some of the costs. Commissioner Anton spoke about the three additional BSO positions beginning October 1, 2010, which were described in the City Manager's memorandum included in the agenda back-up material. Commissioner Grace motioned to adopt Resolution #2010-170; seconded by Commissioner Duke. Vice-Mayor Castro commended the City Manager for his work on the BSO contract during this difficult budget time. The motion carried on the following 5-0 Roll Call vote: Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,September 28,2010—7:00 p.m. Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Duke Yes Mayor McElyea Yes Commissioner Grace Yes 8. Bids and Requests for Proposals There were no proposals on this agenda. 9. Public Hearings and Site Plans 9.1 ORDINANCE #2010-007 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE TEXT OF THE FUTURE LAND USE ELEMENT OF THE DANIA BEACH COMPREHENSIVE PLAN TO AMEND THE REGIONAL ACTIVITY CENTER("RAC")LAND USE CLASSIFICATION AS DESCRIBED IN EXHIBIT "A" ATTACHED TO THIS ORDINANCE, BY INCREASING ACREAGE FOR COMMERCIAL AND EMPLOYMENT CENTER USES; PROVIDING FOR TRANSMITTAL TO THE BROWARD COUNTY PLANNING COUNCIL AND STATE AGENCIES; PROVIDING FOR ADOPTION PURSUANT TO SECTION 163.3184, FLORIDA STATUTES; REQUESTING RECERTIFICATION FROM THE BROWARD COUNTY PLANNING COUNCIL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance 42010-007. Mayor McElyea opened the Public Hearing. Victoria Payne, Executive Director, Dania Beach Chamber of Commerce, noted this is a perfect opportunity to mention Amendment#4 and how it would affect our economy. Seeing as there was no one else to speak in favor or opposition, Mayor McElyea closed the Public Hearing. Vice-Mayor Castro motioned to adopt Ordinance #2010-007, on second reading; seconded by Commissioner Duke. Commissioner Anton commended Vice-Mayor Castro, Community Development Director Daniels, and Jeremy Earle, CRA Executive Director, for their efforts to move this item forward. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Duke Yes Mayor McElyea Yes Commissioner Grace Yes Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday, September 28,2010—7:00 p.m. Addenda#2 9.2 ORDINANCE #2010-021 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING SECTION 2-10 OF THE CITY CODE OF ORDINANCES PERTAINING TO MONETARY THRESHOLDS FOR CERTAIN PURCHASES AND CHECK AUTHORIZATIONS, TO REVISE AND UPDATE THE PROVISIONS APPLICABLE TO SUCH PURCHASES AND AUTHORIZATIONS; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2010-021. Mayor McElyea opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Commissioner Duke motioned to adopt Ordinance #2010-021, on second reading; seconded by Commissioner Grace. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Duke Yes Mayor McElyea Yes Commissioner Grace Yes 10. Discussion and Possible Action Addendum 10.1 IAFF Local Municipal Fire Rescue Options Letter Commissioner Duke referred to the letter received from the President of the IAFF Local 3080 included in the agenda backup, regarding the possibility of finding alternative options to provide fire rescue services. He noted that this is something the City Manager should look into. Commissioner Grace agreed. Mayor McElyea commented if they want to go, we should let them go. Commissioner Anton would like to know how our firefighters feel. John McNamara, President, IAFF Local 3080, noted he is happy that the City wants to continue with the union negotiations. Rick Sieb, District Vice-President, IAFF Local 3080 and Dania Beach firefighter, noted they met with the membership and they have 100% unanimous support to look into whatever options are available. He added that they hope to move forward with their union contract as well. Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,September 28,2010—7:00 p.m. Vice-Mayor Castro noted we did this exercise two years ago. She said she is willing to explore the options; however she objects to the Hollywood consideration. At this time she would only like to look at merging fire-rescue services with BSO. It was the consensus of the Commission to explore the possibilities. 11. Commission Comments 11.1 Commissioner Anton Commissioner Anton noted the celebration held at Jaxson's for the re-naming of SW Is' Street as Monroe Udell, was a great event. Commissioner Anton thanked Fire Chief Fernandez and City Manager Baldwin for keeping the Commission updated on the weather conditions. 11.2 Commissioner Duke Commissioner Duke commented on local activities he attended. Commissioner Duke congratulated Nick Lupo and the Code Compliance Unit for doing a great job in trying to clean up the City. Commissioner Duke noted that the Copa building will be used as a valet service for the Park N' Ride lot off Federal Highway. 11.3 Commissioner Grace Commissioner Grace reported on activities she attended. Commissioner Grace thanked City Manager Baldwin and Mayor McElyea for doing a superb job of getting a flag replaced. 11.4 Vice-Mayor Castro Vice-Mayor Castro noted the County approved the Regional Activity Center (RAC) today. She indicated that County Commissioner Jacobs challenged us to stay on conservation. Vice-Mayor Castro noted that the 4th Amendment to the Interlocal Agreement for the Capital Redevelopment funds was also approved at today's County Commission meeting. Vice-Mayor Castro noted upcoming events for the CRA and Area on Aging. She encouraged the residents of Dania Beach to get involved and participate, for the benefit of the entire community. Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday, September 28,2010—7:00 p.m. Vice-Mayor Castro advised that Broward County eliminated Community Bus Route #3 and that other bus routes were also modified. Vice-Mayor Castro indicated that the Church of the Resurrection has not been sold to date. Vice-Mayor Castro asked both the Parks and Recreation and Community Development departments to look into programs for P.J. Meli Park, similar to the ones offered at C.W. Thomas Park and Frost Park. She suggested conducting a survey to determine what type of children's services would be most suitable for that facility. Vice-Mayor Castro noted that the USS Jason Dunham will be stationed at Port Everglades during the week of November 5-13. She advised that the Tourism Council is trying to secure free rooms for the families. Vice-Mayor Castro said that she will ask local businesses to provide free activities for the sailors and their families while they are visiting our area. She encouraged everyone to support the troops and welcome them to Dania Beach. 11.5 Mayor McElyea Mayor McElyea provided an update on local activities. He noted the flag at the church was destroyed properly and replaced with a new flag that he provided. Mayor McElyea noted that new lifeguard stands are on the beach. He would like City Manager Baldwin to continue working on the beach project. City Manager Baldwin noted he and Director Orlando met with the landscaper and will present a plan to the Department of Environmental Protection (DEP) for the removal of the Sea Grapes. He advised he will bring the plan to the Commission for review. Vice-Mayor Castro asked for the status of the palm trees at Marina Mile. Commissioner Duke noted there is a plan to relocate some trees and keep the company sign. He added that the City arborist is preparing a landscape plan for Marina Mile. Bob Daniels, Director of Community Development, advised that Michael McCoy, our City landscape specialist, is working with the Department of Transportation(DOT) on this matter. 12. Appointments There were no appointments at this meeting. 13. Administrative Reports Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,September 28,2010—7:00 p.m. 13.1 City Manager City Manager Baldwin noted that if people have concerns regarding flooding issues, they should contact the Emergency Operations Center at City Hall. 13.2 City Attorney City Attorney Ansbro had no comments. 13.3 City Clerk -Reminders Wednesday, October 6, 2010 - 6:00 p.m. CRA Board Meeting Tuesday, October 12, 2010 - 7:00 p.m. City Commission Meeting Tuesday, October 26, 2010 - 7:00 p.m. City Commission Meeting Mayor McElyea advised that he will not be able to attend the October 6 CRA meeting. 14. Adjournment Mayor McElyea adjourned the meeting at 7:57 p.m. AT EST: CITY OF DANIA BEACH V'S Fl;?S;, ft - LOUISE STILSON, CMC �� _ �` C. K. MCELYE CITY CLERK MAYOR-COMMISSIONER Approved: October 12, 2010 Aa''EO 1 Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday, September 28,2010—7:00 p.m. f REQUEST TO ADDRESS CITY COMMISSION AT REGULAR OR SPECIAL MEETINGS The City is required by state law to keep minutes of City Commission meetings. To properly identify persons who address the City Commission in those minutes, the City requests that this form be completed and provided to the City Clerk,before the meeting begins. DATE OF COMMISSION MEETING: o 7- v , 20/D PRINT NAME: \ GO y L ADDRESS: S' �/�: 10,4MR PHONE NO. (optional): PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW: 1) CITIZEN COMMENTS: Comments by k is%ding ch citizens or interested parties that are not part of the regular printed agenda may be made during each Commission meeting the period set aside for"Citizen Comments." A thirty(30)minute"Citizen Comments"period shall be designated on the agenda for citizens and interested persons to speak on matters not scheduled on that day's agenda. The citizen comments' period shall begin promptly at 7:30 PM. Each speaker shall be limited to 3 minutes for his or her comments. Persons desiring to speak during the citizen comment period shall inform the City Clerk immediately prior to the beginning of the meeting of their intention to speak. If more than 10 speakers express a desire to speak, the Commission shall determine on a meeting by meeting basis whether to (a) extend the time allotted for citizen comments to accommodate all speakers, or (b) whether to limit the number of speakers or amount of time per speaker. A speaker's time shall not be transferable to another speaker. PLEASE BRIEFLY DESCRIBE THE SUBJECT MATTER OF YOUR COMMENT: 2) PUBLIC HEARINGS—ITEM# (AS PRINTED ON AGENDA) PLEASE NOTE: IF YOU WISH TO SPEAK ON AN ITEM THAT PERTAINS TO A"ZONING"TYPE OF MATTER(FOR EXAMPLE,A SITE PLAN, VARIANCE, SPECIAL EXCEPTION OR SIMILAR TYPE OF ITEM KNOWN AS A"QUASI-JUDICIAL" MATTER, YOU ARE SUBJECT TO BEING ASKED TO SWEAR OR AFFIRM THAT YOU WILL BE TRUTHFUL AS TO YOUR COMMENTS OR TESTIMONY. YOU MAY ALSO BE SUBJECT TO QUESTIONS ASKED OF YOU BY AN APPLICANT OR AN APPLICANT's REPRESENTATIVE OR ATTORNEY WHICH RELATE TO THE ITEM. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS,AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION REQUIRED-REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY PERSON, FIRM OR CORPORATION IS BEING PAID TO LOBBY ANY CITY COMMISSIONER ON ANY MATTER OR ISSUE PURSUANT TO CITY ORDINANCE NO. 01-93. REGISTRATION FORMS AND COPIES OF THE ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE AT CITY HALL. G:\Agenda\PUBLIC SPEAKING FORM.doc rt '` REQUEST TO ADDRESS CITY COMMISSION AT REGULAR OR SPECIAL MEETINGS The City is required by state law to keep minutes of City Commission meetings. To properly identify persons who address the City Commission in those minutes, the City requests that this form be completed and provided to the City Clerk,before the meeting begins. DATE OF COMMISSION MEETING: _'I I 20 , 20L PRINT NAME: 1' I d . ADDRESS: I WG`. PHONE NO. (optional): PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW: 1) -►''� CITIZEN COMMENTS: Comments by Dania Beach citizens or interested parties that are not part of the regular printed agenda may be made during each Commission meeting during the period set aside for"Citizen Comments." A thirty(30)minute"Citizen Comments"period shall be designated on the agenda for citizens and interested persons to speak on matters not scheduled on that day's agenda. The citizen comments'period shall begin promptly at 7:30 PM. Each speaker shall be limited to 3 minutes for his or her comments. Persons desiring to speak during the citizen comment period shall inform the City Clerk immediately prior to the beginning of the meeting of their intention to speak. If more than 10 speakers express a desire to speak, the Commission shall determine on a meeting by meeting basis whether to (a) extend the time allotted for citizen comments to accommodate all speakers, or (b) whether to limit the number of speakers or amount of time per speaker. A speaker's time shall not be transferable to another speaker. PLEASE BRIEFLY DESCRIBE THE SUBJECT MATTER OF YOUR COMMENT: Gharnh.'r L)MAI-r-e 2) PUBLIC HEARINGS—ITEM# (AS PRINTED ON AGENDA) PLEASE NOTE:IF YOU WISH TO SPEAK ON AN ITEM THAT PERTAINS TO A"ZONING"TYPE OF MATTER(FOR EXAMPLE,A SITE PLAN, VARIANCE, SPECIAL EXCEPTION OR SIMILAR TYPE OF ITEM KNOWN AS A"QUASI-JUDICIAL" MATTER, YOU ARE SUBJECT TO BEING ASKED TO SWEAR OR AFFIRM THAT YOU WILL BE TRUTHFUL AS TO YOUR COMMENTS OR TESTIMONY. YOU MAY ALSO BE SUBJECT TO QUESTIONS ASKED OF YOU BY AN APPLICANT OR AN APPLICANT'S REPRESENTATIVE OR ATTORNEY WHICH RELATE TO THE ITEM. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS,AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION REQUIRED-REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY PERSON, FIRM OR CORPORATION IS BEING PAID TO LOBBY ANY CITY COMMISSIONER ON ANY MATTER OR ISSUE PURSUANT TO CITY ORDINANCE NO. 01-93. REGISTRATION FORMS AND COPIES OF THE ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE AT CITY HALL. G:Wgenda\PUBLIC SPEAKING FORM.doc