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HomeMy WebLinkAboutRegular Meeting (110) MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, MAY 10, 2011 — 7:00 P.M. 1. Call to Order/Roll Call Mayor Flury called the meeting to order at 7:00 p.m. Present: Mayor: Patricia A. Flury Vice-Mayor: Bobbie Grace Commissioners: Anne Castro Walter Duke C. K. "Mac"McElyea City Manager: Robert Baldwin City Attorney: Thomas Ansbro City Clerk: Louise Stilson 2. Invocation and Pledge of Alle ig ance Reverend Michael K. Anderson, New Jerusalem First Baptist Church in Hollywood, gave the invocation followed by the Pledge of Allegiance to the United States Flag. 3. Presentations and Special Event Approvals 3.1 Fee Waiver request by the Dania Bears Football Team to use the I.T. Parker Community Center for a banquet on May 15,2011 Commissioner Castro motioned to approve the Fee Waiver request by the Dania Bears Football Team to use the I.T. Parker Community Center for a banquet on May 15, 2011; seconded by Commissioner Duke. The motion carried 4-1 Roll Call vote: Commissioner Castro Yes Vice-Mayor Grace Yes Commissioner Duke Yes Mayor Flury Yes Commissioner McElyea No 3.2 Fee Waiver request by St. Ruth's Missionary Baptist Church to use the I.T. Parker Community Center on May 13, 2011 Vice-Mayor Grace noted this opens the avenue for other churches to request use of the center. She said that she agrees with Commissioner McElyea that we are losing funds from the center. Vice-Mayor Grace advised she does not support this request. Commissioner Castro motioned to approve the Fee Waiver request by St. Ruth's Missionary Baptist Church to use the I.T. Parker Community Center on May 13, 2011; seconded by Mayor Flury. Commissioner Castro noted that St. Ruth's Missionary Baptist Church has provided a lot of services to our community. She commented that the City has contributed over $13,000.00 to the Dania Beach Bears, and this has not been done for any other youth league. Commissioner Castro thought we should take the judgment of the Parks and Recreation Board. Vice-Mayor Grace objected to Commissioner Castro's comments. She added that during these economic times we need to do the right thing to protect our citizens. Discussion followed regarding the reasoning behind the fee waivers submitted by the board for consideration by the Commission. The motion carried on the following 3-2 Roll Call vote: Commissioner Castro Yes Vice-Mayor Grace No Commissioner Duke Yes Mayor Flury Yes Commissioner McElyea No 3.3 Presentation of the FY 2010 Comprehensive Annual Financial Report by Keefe, McCullough, & Co., LLP - Cindy Calvert, Partner Cindy Calvert, CPA, Keefe, McCullough & Co., LLP, explained the report that was submitted to the Commission. She noted they became aware of certain matters that would represent opportunities for the City to strengthen their internal controls. Ms. Calvert further reviewed some of their opinions included in the Comprehensive Annual Financial Report (CAFR). She stated that they did not identify any deficiencies in internal control over compliance that they consider to be material weaknesses. Commissioner Castro noted she is concerned with the City's debt ratio. Bill Benson, CPA, reviewed the six comments that were included in the report. He noted that during these economic times, the City needs to pay attention to any kind of negative trend. Mr. Benson remarked the Commission needs to consider what the City can afford to continue to do with its redevelopment efforts. Commissioner Castro noted that we need to find alternate revenue and that is the reason for our redevelopment campaign. She asked Mr. Benson for his opinion on whether the City should continue borrowing money and incurring more debt on the residents or take the funds out of reserves. Mr. Benson noted he is more concerned about the long-term debt level because the residents would be paying higher rates for a long period of time. Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,May 10,2011 —7:00 p.m. Commissioner Duke noted that we are an old City with an aging infrastructure. However, we are going to prioritize our projects and try not to over-burden our current population. Mayor Flury noted that she is concerned that as this debt continues to grow, the cost of money will become extremely high and our bond rating will deteriorate. She remarked that it is clear to everyone that the debt needs to come down. Mayor Flury thanked Keefe, McCullough representatives and the Finance Department staff for their hard work. 3.4 Airport Advisory Board Linda Sacco, Chairperson of the Airport Advisory Board, read the report that was included in the agenda packet. The report is attached to these minutes. Bob Mikes, Vice-Chairperson of the Airport Advisory Board, noted it is apparent that the community does not think it can live with the Airport noise. He indicated the County knew the option of the south runway would need the most mitigation and that the Interlocal agreement was in place. Mr. Mikes remarked that the County must be held responsible and live up to their promises. Commissioner o ssioner Castro noted the City cannot do anything about the construction at the Airport for the next 65 days. She added that there will be more use of the diagonal runway during the expansion construction. 4. Proclamations There were no proclamations at this meeting. 5. Citizen Comments Michael and Lorraine Morrison, 325 NE 3`d Avenue, addressed the noise from the jets flying over their house during the construction of the Airport. He noted he is shocked at the opinion of the Commission that there is nothing that can be done. Mr. Morrison suggested that the planes take off to the west, especially during the early morning and late night hours. He remarked that something should be worked out with the Airport authorities to minimize the impact. Commissioner Castro suggested residents approach the County Commissioners as well as the Aviation Department to voice their concerns. Craig Urbine, 1211 Stirling Road, provided an update on the status of the Design District. He indicated there is a strong need for improvements to Stirling Road in the Capital Improvement Plan. Mr. Urbine pointed out that new businesses have joined the Design District representing another source of revenue to the City. Lastly, he thanked those who participated in the Chamber event held at the District which was very successful. Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,May 10,2011 —7:00 p.m. John Vazquez, Commander, Marshall LeBree American Legion Post #304, thanked the City for providing the bus during Fleet Week. 6. Public Safety Reports Donn Peterson, BSO Chief of Police, provided information on the BSO Community Day that will be held on Saturday May 21" at Frost Park from 9:00 am to 1:00 p.m. He noted that the information is posted on the City and BSO websites. Both Mayor Flury and Commissioner Castro expressed their appreciation to BSO for their prompt response and the services they provide to the community. Bruce Caruso, Division Chief, BSO Fire Rescue, noted the smoke in the area will continue for the next couple of days due to the fires that were caused by lightning strikes. Commissioner Castro spoke about the Emergency Preparedness presentation which is done by the Fire Department every year prior to hurricane season. She asked Division Chief Caruso to make sure that the BSO Fire Rescue Department includes the presentation on the next City Commission agenda. 7. Consent Agenda 7.1 Minutes: None 7.2 Travel Requests: None 7.3 RESOLUTION #2011-029— Withdrawn A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO PURCHASE A CASE MODEL CX135 DZR HYDRAULIC EXCAVATOR WITH EXTENDED WARRANTY FROM TREKKER TRACTOR UNDER THE FLORIDA DEPARTMENT OF MANAGEMENT CONTRACT#760-840, IN AN AMOUNT NOT TO EXCEED $132,403.70; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Continued from March 22, 2011) 7.4 RESOLUTION#2011-043 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO ACCEPT A GRANT FROM THE FLORIDA DEPARTMENT OF EDUCATION KNOWN AS THE 21 ST CENTURY COMMUNITY LEARNING CENTERS ("21 ST CCLC") IN THE AMOUNT OF $339,081.00; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN AFTER SCHOOL PROGRAMS, INC. AND THE CITY OF DANIA BEACH, FLORIDA, IN AN AMOUNT NOT TO EXCEED $33,908.00 TO ADMINISTER THE TIME-4-KIDS PROGRAM FOR THE 2010-2011 SCHOOL YEAR, INCLUDING THE 2011 SUMMER PROGRAM; CONFIRMING THAT SPECIAL CONDITIONS EXIST IN ORDER TO SECURE SUCH SERVICES WITH AFTER SCHOOL PROGRAMS, INC., WITHOUT COMPETITIVE BIDDING AND WITHOUT Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,May 10,2011 —7:00 p.m. ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.5 ORDINANCE#2011-014 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, CREATING CODE SECTION 9.70 OF CHAPTER 28 ("ZONING") OF THE CITY CODE OF ORDINANCES, SUCH SECTION TO BE ENTITLED"VACATION OF STREETS AND ALLEYS"; PROVIDING PROCEDURES FOR SUCH VACATIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.6 ORDINANCE#2011-015 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, CREATING CODE SECTION 9-4 OF THE CITY CODE OF ORDINANCES TO BE ENTITLED "POWERS RELATED TO CITY CEMETERIES"; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Commissioner Castro motioned to adopt the Consent Agenda, with the exception of Item #7.3, which was withdrawn; seconded by Vice-Mayor Grace. The motion carried on the following 5-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Grace Yes Commissioner Duke Yes Mayor Flury Yes Commissioner McElyea Yes 8. Bids and Requests for Proposals: There were no proposals at this meeting 9. Public Hearings and Site Plans 9.1 ORDINANCE #2011-016 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, ADOPTING THE ANNUAL UPDATE TO THE CAPITAL IMPROVEMENTS ELEMENT OF THE CITY OF DANIA BEACH COMPREHENSIVE PLAN IN ACCORDANCE WITH SECTION 163.3177, FLORIDA STATUTES, AND AMENDING THE PUBLIC SCHOOL FACILITIES ELEMENT TO REFLECT CHANGES MADE BY THE ANNUAL UPDATE TO THE CAPITAL IMPROVEMENTS ELEMENT; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the title of Ordinance#2011-016. Kelly Ray, Leigh Robinson Kerr and Associates, provided an overview of the changes to the Public School Facilities Element of the City's Comprehensive Plan. Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday,May 10,2011 —7:00 p.m. Commissioner Castro asked if the EAR amendments would stop after the actions taken in Tallahassee. Bob Daniels, Director of Community Development, noted that there have been recent changes to the Growth Management Act. `He added that he will discuss any future modifications with his staff and come back to the Commission with an update. Commissioner Duke requested a brief summary of the positive and negative impacts that this Bill would cause to our City. Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Commissioner Castro motioned to adopt Ordinance #2011-016, on first reading; seconded by Vice-Mayor Grace. The motion carried on the following 5-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Grace Yes Commissioner Duke Yes Mayor Flury Yes Commissioner McElyea Yes 9.2 RESOLUTION #2011-041 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VARIANCE REQUEST SUBMITTED BY WILSON HOLLYWOOD SHOWROOM,LLC FROM SECTION 505-140, UNIFIED LAND DEVELOPMENT CODE FOR PROPERTY LOCATED AT 1901 TIGERTAIL BOULEVARD IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2011-041. He noted this is a quasi-judicial matter and swore-in those who would speak. City Attorney Ansbro further asked the Commission to disclose any communication they had on this matter. Kristin Dion, City Planner, provided an overview of the project. She explained that the applicant is requesting a variance to allow for a sign area of 171.75 square feet and to allow for identification of nine tenants per sign face. The property is situated in a location that is not visible to local traffic; therefore a large monument sign would not be detrimental to the area or public. Ms. Dion advised that staff is recommending approval of the request. Mayor Flury opened the Public Hearing. Bonnie Miskel, attorney representing the applicant, noted the owners are using creative measures to attract tenants to the property. She indicated that the proposed pole sign will allow vehicles traveling along the highway and Tigertail Boulevard to safely navigate and easily identify the location of the industrial complex. This is essential for the economic viability of the complex and its tenants, as well as for the convenience of the customers. Ms. Miskel asked for approval of the request. Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,May 10,2011 —7:00 p.m. Seeing as there was no one else to speak in favor or opposition, Mayor Flury closed the Public Hearing. Commissioner Castro motioned to adopt Resolution #2011-041; seconded by Commissioner McElyea. The motion carried on the following 5-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Grace Yes Commissioner Duke Yes Mayor Flury Yes Commissioner McElyea Yes 9.3 RESOLUTION#2011-042 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RECERTIFYING A CHARTER SCHOOL APPLICATION WITH A MARINE, AUTOMOTIVE AND AVIATION EMPHASIS FOR THE FISCAL YEAR JULY 1, 2011 THROUGH JUNE 30, 2012 AND SUPPORTING RECERTIFICATION TO THE STATE OF FLORIDA FOR APPROVAL OF COMMUNITY CONTRIBUTION TAX CREDIT PROJECTS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2011-042. Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Commissioner Castro motioned to adopt Resolution #2011-042; seconded by Commissioner Duke. The motion carried on the following 5-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Grace Yes Commissioner Duke Yes Mayor Flury Yes Commissioner McElyea Yes 10. Discussion and Possible Action 10.1 General Budget discussion FY 2011-2012 City Manager Baldwin noted that we will continue to look at all types of revenue, including increased user fees and non-resident fees for parks. He asked the Commission for their input for the preparation of the budget. Commissioner Castro asked for the amount we will receive from gaming. City Manager Baldwin responded it is approximately $160,000.00. Commissioner Castro encouraged residents to participate in the budget process. Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,May 10,2011 —7:00 p.m. Mayor Flury commented that she does not want to see the millage rate increased. She also noted the fire fee increased dramatically last year for commercial businesses. Mayor Flury said she has no objection to raising fees for items that are time consuming for staff. Commissioner Duke noted he does not support any increases. He added that the Solid Waste Franchise Fee and Special Magistrate fees could be reviewed. Commissioner Duke remarked that he does not want to decrease the level of service. 10.2 Donation Policy Commissioner Castro motioned to approve the Donation Policy, as presented; seconded by Commissioner McElyea. The motion carried on the following 5-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Grace Yes Commissioner Duke Yes Mayor Flury Yes Commissioner M 1 McElyea Yes Addendum 10.3 Discussion of proposed County Ethics Ordinance applicable to Municipal Elected Officials Commissioner Castro spoke about the back-up material provided with the Addendum. She noted that the question is whether the City can be more restrictive than the County. Commissioner Castro said that the ordinance presented would be the minimum requirements to be considered. She questioned if there were any recommendations from the Commission and requested a motion to proceed. Commissioner Duke motioned for the City to proceed with the ordinance as proposed by the Broward League of Cities; seconded by Vice-Mayor Grace. The motion carried on the following 5-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Grace Yes Commissioner Duke Yes Mayor Flury Yes Commissioner McElyea Yes Mayor Flury noted that the Broward League of Cities did a good job in clarifying what is included in the County ordinance. She said that once we have something on the table, we will decide if we want to make it more stringent or not. Commissioner Castro asked City Clerk Stilson to relay this information to the Broward League of Cities. 11. Commission Comments Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,May 10,2011 —7:00 p.m. 11.1 Commissioner Castro Commissioner Castro noted that May 12 is National Tourism Appreciation Day for Broward County Greater Fort Lauderdale Visitors Bureau and Convention Center. She thanked Joe Van Eron for organizing a table where Representative Jenne as well as other officials will participate. Commissioner Castro reminded everyone that hurricane season is approaching and we should all be prepared. Commissioner Castro noted that school will be out soon and children would be playing in the streets. She asked drivers to be extremely careful and keep our children safe. Commissioner Castro spoke about the water issue. She said this matter will be discussed at the upcoming budget hearings. Commissioner Castro thanked the people she met with regarding the Airport and the South Runway as well as City issues in general. Commissioner Castro asked if there is a policy for no speed humps on dead end streets. Commissioner Castro thanked Assistant City Manager Donnelly for the policy regarding the placement and installation of solar lights. She noted she is now waiting for the map showing what is left to be done. Commissioner Castro commented she is pleased to see that a great part of the City has sidewalks, lights and some traffic calming devices. Commissioner Castro noted she hopes that the SE 51h Avenue project is moving along. City Manager Baldwin noted he just received a preliminary view of the medians. 11.2 Commissioner Duke Commissioner Duke noted the Capital Improvement workshop tomorrow night is a very important meeting. He suggested it be televised. Commissioner Castro noted all Commission meetings should be televised. 11.3 Commissioner McElyea Commissioner McElyea addressed the parking situation for the Library because people are parking in the Rexall drugstore parking lot. Commissioner McElyea noted that the number of accidents is increasing and people need to be more careful driving. 11.4 Vice-Mayor Grace Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,May 10,2011 —7:00 p.m. Vice-Mayor Grace noted the local events she attended and spoke about family matters. 11.5 Mayor Flury Mayor Flury had no comments. 12. Appointments 12.1 Airport Advisory Board There were no appointments to this board. 12.2 Marine Advisory Board Vice-Mayor Grace appointed Patrick Phipps. 12.3 Nuisance Abatement Board There were no appointments to this board. Commissioner Castro motioned to approve the appointments; seconded by Commissioner Duke. The motion carried on the following 5-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Grace Yes Commissioner Duke Yes Mayor Flury Yes Commissioner McElyea Yes 13. Administrative Reports 13.1 City Manager City Manager Baldwin noted he is working with the Broward Sheriff's Office to cut four positions from next year's budget. City Manager Baldwin noted he will meet with BSO Fire Rescue to review the Comprehensive Emergency Management Plan to prepare for hurricane season. City Manager Baldwin said we need to stay focused on the Oasis Plan even though the project is complete. He added there have been some crime issues in the area that will need to be addressed. City Manager Baldwin noted that he received a letter from Sheriff Lamberti requesting Chief Peterson be transferred to the City of Weston. He responded we would agree to the transfer Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,May 10,2011 —7:00 p.m. provided we have a replacement Chief of Police for Dania Beach. The Sheriff's office will provide a list of three names in accordance with the contract with the City. 13.2 City Attorney City Y Attorne Ansbro had no comments. 13.3 City Clerk -Reminders Wednesday, May 11, 2011 - 6:00 p.m. CIP Workshop Thursday, May 19, 2011 - 6:00 p.m. Abatement Hearing - Cancelled Tuesday, May 24, 2011 — 7:00 p.m. City Commission Meeting 14. Adjournment Mayor Flury adjourned the meeting at 8:45 p.m. AT ST: CITY OF DANIA BEACH 7 S F1 LOUISE STILSON, CMC m��� car` PATRICIA A. FLURY CITY CLERK MAYOR-COMMISSIONER AA Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday,May 10,2011 —7:00 p.m. 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: /40 ,20 PRINT NAME: L OR k A-1445 / ,$/2 I-SO O ADDRESS: c3.)1 ,3 Av 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: Try i.vG- © L 2) LJ 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 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 begi710 . DATE OF COMMISSI N MEETING: , 20_ PRINT NAME: ADDRESS: 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: 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:\AgendalPUBLIC SPEAKING FORM.doc To: Dania Beach City Commission 3 , 4 Mayor Pat Flury Vice Mayor Bobbie Grace Ann Castro Walter Duke Mac McElyea From: Dania Beach Airport Advisory Board Linda Sacco,Chairperson m� Bob Mikes,Vice Chairpersonip May 2,2011 i The Dania Beach Airport Advisory Board(AAB)has reviewed the results of the Dania Beach Airport Expansion Survey 2011 as presented by BLK Research. The AAB is of the opinion that any mitigation program to buy residents'homes must base the determination of value on comparable properties selected from outside any airport affected area. (see page 5 of the Interlocal Agreement) The AAB is concerned the mitigation plan,as the results of the survey indicate,will not be able to handle the scope of the program presented by Boward County.The amount of people who want to leave the airport affected area is much greater than the mitigation plan can address. Broward County has always said it wants to"make people whole". The Interlocal Agreement states that mitigation programs selected shall not be dependent on the availability of federal or state funding. The Dania Beach Airport Advisory Board recommends to the Dania Beach City Commission that the provisions in the Interlocal Agreement regarding the valuation of homes in airport affected areas be followed in Broward County's mitigation plan. 1 Date: December 20, 2010 To: Mayor Patricia Flury Vice Mayor Bobbie Grace Commissioner Anne Castro Commissioner Walter B. Duke Ili Commissioner C. K. McElyea From: Robert Baldwin, City Managg!!5---- Re: Ethics Ordinance I reviewed the information Mr. Ansbro sent to us concerning the County's Ethics Ordinance, one dealing with the elected officials, the other with appointed employees, and the Broward League of Cities suggestions. You requested I compare those concepts with the City of Dania Beach's ethics policies. In my review of the City's ethics policies, there are numerous ordinances and rules, such as the Purchasing Ordinance, et al, that deal with employee practices and behavior. However, the only comprehensive policy dealing with employee ethics appears in the City of Dania Beach Civil Service Policy from 2004 (attached). The city policy adopts Florida Statutes, Chapter 112, Part III, as the Code of Ethics for the City of Dania Beach. These are the same statutes referenced in the County Ordinance. Rather than making a general reference to a State Statute, I suggest whatever the final City Commission policy, It be clearly reflected in guidelines that employees can easily read and understand. Most employees cannot be expected to have an understanding of what is incorporated in a lengthy State law. 1 8. CITY ATTORNEY SERVICES The City Commission shall retain the services of a City Attorney. The City Attorney shall report to and operate under the supervision of the Commission directly. The City Commission shall be responsible for reviewing legal expenditures. The City Commission shall conduct an annual performance evaluation of the City Attorney. The City Attorney shall provide services related to City issues. Individual legal needs of Commission members shall not be provided by the City Attorney. 9. SPECIAL EVENTS FEES Parties responsible for such events shall pay all Special Event fees to the City. The Commission may, at its sole discretion, waive any or all Special Event fees. Waiver of fees will be considered for events which provide a community-wide benefit. 10. CODE OF ETHICS The Code of Ethics for Public Officers and Employees, adopted by the Legislature as Part III of Chapter 112, Florida Statutes, contains standards of ethics conduct and disclosures applicable to public officers, employees, candidates, lobbyists, and others in Florida State and local government. 112.311 Legislative intent and declaration of policy. (1) It is essential to the proper conduct and operation of government that public officials be independent and impartial and that public office not be used for private gain other than the remuneration provided by law. The public interest, therefore, requires that the law protect against any conflict of interest and establish standards for the conduct of elected officials and government employees in situations where conflicts may exist. (2) It is also essential that government attract those citizens best qualified to serve. Thus, the law against conflict of interest must be so designed as not to impede unreasonably or unnecessarily the recruitment and retention by government of those best qualified to serve. Public officials should not be denied the opportunity, available to all other citizens, to acquire and retain private economic-interests except when conflicts with the responsibility of such officials to the public cannot be avoided. (3) It is likewise essential that the people be free to seek redress of their.grievances and express their opinions to all government officials on current issues and past or pending legislative and executive actions at every level of government. In order to preserve and maintain the integrity of the governmental process, it is necessary that the identity, expenditures, and activities of those persons who regularly engage in efforts to persuade public officials to take specific actions, either by direct communication with such officials or by solicitation of others to engage in such efforts,be regularly disclosed to the people. CITY COMMISSION POLICY MANUAL Page 6 of 11 (4) It is the intent of this act to implement these objectives of protecting the integrity of government and of facilitating the recruitment and retention of qualified personnel by prescribing restrictions against conflicts of interest without creating unnecessary barriers to public service. (5) It is hereby declared to be the policy of the state that no officer or employee of a state agency or of a county, city, or other political subdivision of the state, and no member of the Legislature or legislative employee, shall have any interest, financial or otherwise, direct or indirect; engage in any business transaction or professional activity; or incur any obligation of any nature which is in substantial conflict with the proper discharge of his or her duties in the public interest. To implement this policy and strengthen the faith and confidence of the people of the state in their government, there is enacted a code of ethics setting forth standards of conduct required of state, county, and city officers and employees, and of officers and employees of other political subdivisions of the state, in the performance of their official duties. It is the intent of the Legislature that this code shall serve not only as a guide for the official conduct of public servants in this state, but also as a basis for discipline of those who violate the provisions of this part. (6) It is declared to be the policy of the state that public officers and employees, state and local, are agents of the people and hold their positions for the benefit of the public. They are to bound uphold the Constitution of the United States and the State Constitution and to n p perform efficiently and faithfully their duties under the laws of the federal, state, and local governments. Such officers and employees are bound to observe, in their official acts, the highest standards of ethics consistent with this code and the advisory opinions rendered with respect hereto regardless of personal considerations, recognizing that promoting the public interest and maintaining the respect of the people in their government must be of foremost concern. 11. LIAISONS The City Commission shall appoint, from its members, representatives to the Broward League of Cities, Metropolitan Planning Organization (MPO), General Employees Pension Board, and the Police and Fire Pension Board. 12. ADVISORY BOARDS The City Commission may at any time by Resolution appoint advisory boards composed of men or women who are residents of the City for a period of six (6) months prior to their appointment and otherwise qualified to act in an advisory capacity to the City Commission, the City Manager, or to any department of the City government, with respect to the conduct and management of any property or institution or the exercise of any public functions of the City. The members of such board shall serve without compensation at the pleasure of the Commission, and their duties shall be to consult and advise with such municipal officers and make written recommendations which shall become part of the records of the City. Each board shall adopt its own by-laws and elect a chairperson and a vice-chairperson from CITY COMMISSION POLICY MANUAL Page 7 of I I Is 4F�/ 13, 0 ewcar4 0 1 7 , FLORIDA PORATEO �� May 9, 2011 Sheriff Al Lamberti Broward Sheriffs Office 2601 West Broward Boulevard Fort Lauderdale, Florida 33312 Dear Sheriff Lamberti: Thank you for your letter of April 29, 2011, projecting your preliminary costs to the City of Dania Beach in fiscal year 2011-2012. 1 know BSO is working hard to keep our costs reasonable. Due to financial challenges the City is facing in the upcoming year, I am hoping 9 Y 9 P gY p g to find further savings. I look forward t working with you in identifying possible ad o 9 9 Y Y 9 cost reductions. To that end, I am requesting you provide me with a Police Services budget that reflects a reduction of four(4) deputies. We can then meet and discuss which four positions will have the least impact on services. Feel free to call if you need additional information. Sincere) , bert Baldwin City Manager Cc: City Commission Colin Donnelly, Assistant City Manager Mark Bates, Finance Director "Broward's First City" 100 West Dania Beach Boulevard,Dania Beach,Florida 33004 9 Phone: 954-924-6800 • www.daniabeachfl.gov