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HomeMy WebLinkAboutMinutes of Meeting - September 27, 2011 (2) MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, SEPTEMBER 27, 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 Allegiance Pastor Mario Cinelli, Lighthouse Community Church, gave the invocation followed by the Pledge of Allegiance to the United States Flag. Addendum 9.4 ORDINANCE #2011-031 Continued from September 22, 2011 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A SETTLEMENT AGREEMENT IN COMPLIANCE WITH CITY CHARTER REQUIREMENTS, WITH BROWARD COUNTY, FLORIDA, RELATED TO LITIGATION EXISTING BETWEEN THE PARTIES IN CONNECTION WITH CONSTRUCTION OF A NEW SOUTH RUNWAY AT FORT LAUDERDALE-HOLLYWOOD INTERNATIONAL AIRPORT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) (Continued from September 22, 2011) Mayor Flury opened the Public Hearing. Clive Taylor, 642 NE P Street, spoke in favor of the agreement. Seeing as there was no one else to speak in favor or opposition, Mayor Flury closed the Public Hearing. City Attorney Ansbro read the title of Ordinance 42011-031. He advised that the City Commission held the first Public Hearing on September 22, 2011, however, the full Commission was not present to vote on the matter; therefore, the vote was continued until tonight's meeting. City Attorney Ansbro noted the second Public Hearing would be held on Monday, October 3, 2011 at 7:00 p.m. Commissioner Castro motioned to adopt Ordinance #2011-031, on first reading, with the condition that it get transmitted to the County for approval and then to the FAA for approval; should the FAA reject any of the voidable items in the agreement, the agreement is automatically voided by the City Commission without coming back for a vote; however, it would have to come back to the Commission for re-authorization or re-approval; 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 Neal McAliley, Special Counsel, White& Case, summarized that the City has been opposing the Airport expansion for a long time, but it does not have direct control over it. We have delayed the project for years; however, we want to make sure our residents get something rather than nothing. He recommended approval of the proposed Settlement Agreement. 3. Presentations and Special Event Approvals There were no presentations at this meeting. 4. Proclamations There were no proclamations at this meeting. 5. Citizen Comments Rae Sandler, 810 NW 7t' Avenue, commented on the rash of robberies in the Melaleuca Gardens area, and commended BSO for their efforts in apprehending two of the suspects involved. Victoria Payne, Executive Director, Dania Beach Chamber of Commerce, provided an update of Chamber events. Clive Taylor, 642 NE P Street, Chairman of the Marine Advisory Board, presented a request to make a recommendation for the tenant in the Pier Restaurant. Patrick Phipps, 266 SW 5th Street, commended Code Compliance officer Warren Ostrofsky for his quick actions during a fire last Friday. Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday, September 27,2011 —7:00 p.m. 6. Public Safely Reports Charles Raiken, Deputy Fire Chief of Administration, BSO Fire Rescue, reported the BSO partnership with the City is going fine. He noted the CERT Team made everyone proud at a recent training. Deputy Chief Raiken advised that October 9-15 is National Fire Prevention Week and reminded everyone of the simple actions we can take to stay safe. Mayor Flury noted that crime is on the increase nationwide, and it is a serious problem. It is important to understand that the City Manager and BSO are doing their best to address the problem. She pointed out that we all have responsibility and need to work with BSO. Mayor Flury commented that at the Dania Beach Heights Civic Association (DBHCA) meeting there was a major BSO bashing; she did not appreciate it and this cannot go on. She added that if DBHCA cannot find the way to work with BSO, they may need to look for new leadership. If we want to fight crime, the homeowner associations need to work with BSO. We need to get Code Compliance out in the neighborhoods. Mayor Flury remarked that BSO is our partner and working together is the way it has to be. Commissioner Castro commented the whole thing was political. She remarked that our law enforcement officers put their lives on the line for everyone in the City,just like the firefighters do. Commissioner Castro asked everyone to put the politics away, and support our BSO and Code Officers. Commissioner Duke noted the Dania Beach Heights homeowners are scared. It is obvious to him that BSO Sheriff Al Lamberti is very political in our City, and that sets the example for the rest of the department. He asked our BSO officers to stay out of the politics and handle law enforcement in our City. Commissioner Castro rebutted Commissioner Duke's argument. She pointed out that our BSO officers are not elected officials,they are hired staff, which is a big difference. She further noted that you do not condemn an organization because one person is political. Commissioner McElyea commented that Sheriff Lamberti is doing a great job. We should work together and try to get along. Donn Peterson, BSO Chief of Police, provided an update on the burglaries in Melaleuca Gardens. He noted there is a lot of crime going on throughout the City, particularly burglaries. Chief Peterson asked the residents to be cognizant that people are watching to see what can be burglarized. 7. Consent A eg nda Items removed from ConsentAgenda: #7.5 Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,September 27,2011—7:00 p.m. 7.1 Minutes: Approve minutes of September 13, 2011 City Commission meeting Approve minutes of September 14, 2011 First Budget Public Hearing 7.2 Travel Requests: Request of Colin Donnelly, Assistant City Manager, to attend the 2011 Florida Afterschool Alliance State Conference in Orlando, Florida, on October 2-5, 2011 (Estimated cost$1,188.64) Request of Cori Mayo, Account Technician, to attend the 2011 Florida Afterschool Alliance State Conference in Orlando, Florida on October 2-4, 2011 (Estimated cost $1,001.79) 7.3 Action: Motion to Approve Extension of Broward County Interlocal Agreement for Guaranteed Services relating to Building Code Services Resolutions 7.4 RESOLUTION #2011-108 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO APPLY FOR A LOAN IN THE AMOUNT OF $1,400,000.00 RELATING TO THE STATE REVOLVING FUND LOAN PROGRAM FOR CONSTRUCTION ACTIVITIES ASSOCIATED WITH PHASE 2 UPGRADES OF LIFT STATIONS 4, 5, 8, 9 AND 10; AUTHORIZING THE CITY MANAGER TO ESTABLISH PLEDGED REVENUES FOR LOAN REPAYMENT; DESIGNATING AN AUTHORIZED REPRESENTATIVE; PROVIDING FOR ASSURANCES OF COMPLIANCE WITH LOAN PROGRAM REQUIREMENTS; PROVIDING AUTHORITY FOR CITY OFFICIALS TO EXECUTE THE LOAN AGREEMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION#2011-110 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH METRIC ENGINEERING,INC,TO PROVIDE LANDSCAPE PLANNING,INSPECTION AND GRANT SERVICES FOR AN AMOUNT NOT TO EXCEED $29,000.00, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.7 RESOLUTION#2011-111 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR APPROPRIATION OF FUNDS FOR FISCAL YEAR 2010-2011; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.8 RESOLUTION#2011-112 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH SYMETRA FINANCIAL TO PROVIDE SPECIFIC AND AGGREGATE REINSURANCE COVERAGE IN CONNECTION WITH THE CITY'S SELF-FUNDED Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,September 27,2011 —7:00 p.m. GROUP HEALTH PLAN; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.9 RESOLUTION#2011-113 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO RENEW AN AGREEMENT WITH AVMED HEALTH PLANS TO PROVIDE A SELF- FUNDED OPEN ACCESS POINT OF SERVICE ("POS") PLAN TO ELIGIBLE EMPLOYEES, RETIREES OR BOTH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.10 RESOLUTION#2011-114 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 $32,380.00 FOR THE PERIOD EXTENDING FROM OCTOBER 1, 2011 THROUGH SEPTEMBER 30,2012; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Commissioner McElyea motioned to adopt the Consent Agenda,with the exception of Item #7.5; seconded by Commissioner Castro. 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 7.5 RESOLUTION#2011-109 A RESOLUTION OF THE CITY COMMISSION OF .THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT, PALM BEACH COUNTY, LAKE WORTH DRAINAGE DISTRICT AND THE CITY OF FORT LAUDERDALE REGARDING C-51 WATER SUPPLY & WATER QUALITY RESERVOIR PLANNING AND DEVELOPMENT; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2011-109. Commissioner Castro noted that the South Florida Water Management District is trying to develop a long term project to solve some of the water supply issues in the South Florida area. She explained the importance of being part of the C-51 Reservoir project. Commissioner Castro commended staff for their efforts in securing a place for Dania Beach at the table. Commissioner Castro motioned to adopt Resolution #2011-109; 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 Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday,September 27,2011 —7:00 p.m. 8. Bids and Requests for Proposals 8.1 RESOLUTION#2011-098 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AWARDING THE BID FOR BUILDING DEPARTMENT SERVICES TO C.A.P. GOVERNMENT, INC.; AUTHORIZING THE PROPER CITY OFFICIALS TO NEGOTIATE AN AGREEMENT WITH C.A.P. GOVERNMENT, INC. FOR SUCH SERVICES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2011-098. Mayor Flury, Commissioner Duke and Commissioner Castro noted they spoke with a representative of the firm. City Manager Baldwin noted that our Interlocal Agreement for Building Code Services with Broward County will expire on September 30, 2011. He explained that due to budgetary issues staff is trying to reduce the costs of our operations, hence the request to negotiate an agreement with CAP Government, Inc. Bob Daniels, Director of Community Development, noted we appreciate the services we received from Broward County. He confirmed that CAP Government was the choice of the Bid Review Committee. Director Daniels noted this firm is significantly lower in cost than Broward County. He said CAP Government offers a percent of revenue type of billing that still needs to be negotiated, which could save a significant amount of revenue in upcoming years. Director Daniels requested approval to move forward with negotiations with CAP Government. Commissioner Castro motioned to adopt Resolution#2011-098. Vice-Mayor Grace requested that the President of CAP Government come to the podium. She commented that the firm is probably a good firm, but she is disturbed that he can sit in a meeting with a person who we have hired to make the determination to bring this firm into the City, and for that person to state in a meeting that we only have two smart Commissioners. Vice-Mayor Grace stated it was unprofessional of Bob Daniels to make that statement, and she can prove that he made it. She said be careful what you say, walls do have a way of knowing what you say. Vice-Mayor Grace apologized to Commissioner McElyea because he recommended us and told us about the little plays that they do with the gentleman and a couple more before, and she did not heed the warning. Commissioner McElyea commented that he knows what is going on most of the time. Vice-Mayor Grace said she is not going to vote for this proposal, even though she thinks this is a good company,because of what was said in that closed meeting. Commissioner McElyea said he would back Vice-Mayor Grace one hundred percent. Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,September 27,2011 —7:00 p.m. Carlos Penin, President of CAP Government, noted that all members of their staff are former County employees. He provided an overview of their transition into other cities. Mr. Penin said he was available to answer Vice-Mayor Grace's questions. Vice-Mayor Grace commented it is no reflection on him; it is just the way things are done. She would have walked out of the meeting because it is not professional, and she has to be professional. If she agrees with you, or disagrees with you, if she wants something, she is not going to go out that way by doing things. Vice-Mayor Grace motioned to deny the request; seconded by Commissioner McElyea. Commissioner Castro questioned if this would save us money. Commissioner Duke noted he met with CAP Government and was impressed with them. He advised that the County is $70,000.00 more expensive than CAP Government. Commissioner Duke suggested we table this for another year, and revisit it next year. The motion carried on the following 4-1 Roll Call vote: Commissioner Castro No Vice-Mayor Grace Yes Commissioner Duke Yes Mayor Flury Yes Commissioner McElyea Yes City Manger Baldwin commented that both he and staff respect the Commission; he would not tolerate comments like that. Vice-Mayor Grace said this person didn't. City Manager Baldwin said he would like to sit with Vice-Mayor Grace and get to the bottom of whatever happened because he would not tolerate something like that. He does not think it is funny. Commissioner Castro took the opportunity to say it goes both ways; she has heard members of the Commission speak badly about staff, and they shouldn't do that either. We all need to find a better healthy respect for one another all the way around because what we are doing is fighting something that may have been good for the residents, but we just threw that out with the bathwater. Addendum 8.2 RESOLUTION#2011-117 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO AWARD THE BID TO AND EXECUTE AN AGREEMENT WITH JMW CONSTRUCTION CORPORATION FOR THE DANIA COVE PROJECT IN AN AMOUNT NOT TO EXCEED$468,808.40;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,September 27,2011—7:00 p.m. City Attorney Ansbro read the title of Resolution#2011-117. Commissioner Castro motioned to adopt Resolution #2011-117; seconded by Commissioner Duke. Commissioner Castro questioned if we had the funding for this project. City Manager Baldwin confirmed that funding was available. 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. Public Hearings and Site Plans 9.1 ORDINANCE #2011-030 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES TO ADDRESS FIREARM REGULATIONS PREEMPTED BY STATE LAW BY AMENDING CHAPTER 6, 'BEACHES, PARKS, WATERWAYS AND RECREATION", CHAPTER 11, "FIRE PROTECTION AND PREVENTION', AND CHAPTER 17, "OFFENSES-MISCELLANEOUS"; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2011-030. He clarified that this is a housekeeping matter due to Legislation. Mayor Flury questioned if someone could bring a gun into City Hall. City Attorney Ansbro said he would report at the next meeting. 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 #2011-030, on second 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 ORDINANCE#2011-032 Minutes of Regular Meeting g 8 Dania Beach City Commission Tuesday,September 27,2011 —7:00 p.m. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, CREATING SECTION 2-16 OF CHAPTER 2, ENTITLED "ADMINISTRATION", OF THE CITY CODE OF ORDINANCES TO REQUIRE SUBMISSION TO THE CITY COMMISSION FOR ADVANCE APPROVAL OF CAPITAL PROJECTS AND PURCHASES WHERE BIDDING OR WAIVER OF BIDDING IS EXPECTED TO BE SOUGHT BY THE CITY AND THE COMMUNITY REDEVELOPMENT AGENCY ("CRA"); PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2011-032. He noted this was requested by the City Manager. Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Vice-Mayor Grace motioned to adopt Ordinance #2011-032, on second reading; seconded by Commissioner Castro. 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 ORDINANCE#2011-029 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR THE PROTECTION OF SEA TURTLES ON THE BEACHES WITHIN THE JURISDICTIONAL BOUNDARIES OF THE CITY OF DANIA BEACH BY AMENDING SECTION 5-1.3, ENTITLED "DEFINITIONS" AND BY CREATING SECTION 18, ENTITLED "LIGHTING REQUIREMENTS FOR MARINE TURTLE PROTECTION" OF CHAPTER 5, ENTITLED "ANIMALS AND FOWL" OF THE CITY CODE OF ORDINANCES, PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2011-029. He noted that the City Manager is requesting a continuance until the October 25, 2011 City Commission meeting. 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 continue Ordinance #2011-029 until the October 25, 2011 City Commission meeting at 7:00 p.m.; 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 10. Discussion and Possible Action 10.1 Discussion of Campaign Finance Reform—Mayor Flury Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,September 27,2011 —7:00 p.m. Mayor Flury noted several citizens brought this issue forward. She cautioned that we should not be accepting campaign contributions from corporations and special interest groups. City Attorney Ansbro noted that a legal analysis prepared by the law offices of Weiss Serota was provided to the Commission as part of the addendum. He advised that the cities of Hollywood and Ft. Lauderdale are already on the books. City Attorney Ansbro said that the Minnesota Appellate Court is hearing the case to determine if it is constitutional. He recommended waiting until a ruling is made before proceeding. Commissioner Castro suggested mirroring Hollywood or Ft. Lauderdale; if someone challenges it, we can change it afterwards. Vice-Mayor Grace noted we all took money from corporations; but it is what is in your heart that matters, she is not bought. Commissioner Duke noted that he also looked at everyone's campaign reports. The City Attorney is advising us to wait, and he does not see the harm in waiting a few months. Mayor Flury said we need to do something about this issue because it has always bothered her. This moves us in the right direction. Commissioner Duke commented there are local businesses that are concerned with the direction of the City. It was the consensus of the Commission to move forward with the preparation of an ordinance for Commission consideration. 10.2 Ethics Ordinance Update—City Attorney Ansbro City Attorney Ansbro noted that the County is hearing the Ordinance on October 11. He further advised that the Broward League of Cities is holding a meeting on October 4 to discuss the Ordinance and both he and City Manager Baldwin are planning to attend. 10.3 SE 5th Avenue Traffic Engineering—City Manager City Manager Baldwin reported that the City of Ft. Lauderdale received a multi directional stop sign through an agreement carved out by the Commission. This Commission could do the same. He advised that the County would need to approve it, and the residents would need to appear at the County Commission meeting. Commissioner Duke noted this is what the residents want,therefore we should pursue it. Commissioner Castro will do what the residents want, however, she is not a proponent. She clarified that the residents need to understand that they need to make their reasons clear to the Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,September 27,2011 —7:00 p.m. County. Commissioner Castro thought the Commission should also attend the meeting to support the residents. Vice-Mayor Grace concurred we should move forward. Commissioner Duke noted we need to notify the residents of this important issue. 11. Commission Comments 11.1 Commissioner Castro Commissioner Castro asked Director Orlando to address the lead problem found in the water. Dominic Orlando, Director of Public Services, provided a memo to the Commission on the matter which is attached to and incorporated into these minutes. He explained the measures being taken to resolve the problem. Commissioner Castro said that Dania Beach will be receiving an award for redevelopment at the Florida Redevelopment Association Annual Conference to be held in Orlando, October 19-21. She congratulated CRA Executive Director Jeremy Earle and his team for his redevelopment efforts. Commissioner Castro advised that there will be a meeting with the Florida Department of Transportation(FDOT)on October 13 to discuss the East-West Corridor Transportation network. She noted staff should attend. Commissioner Castro thanked everyone who attended the Airport Open House last Saturday. She noted the proposed Settlement Agreement is not the end and added that she plans to continue working on this issue during her next year in office and beyond. Commissioner Castro commended Jackie Beauzil, Human Resources Manager, as her Employee of the Month. Commissioner Castro noted that Bob Daniels never says a bad word about anyone. 11.2 Commissioner Duke Commissioner Duke wanted to discuss the Letters of Interest (LOI) for the Pier Restaurant. He asked if the comments of the Marine Advisory Board could be incorporated into the LOI. City Attorney Ansbro advised we are going to develop a website with the information. Dave Nicholas, consultant and owner of Himmarshee Bar & Grill in Fort Lauderdale, noted he met with City Attorney Ansbro and recommended that we visit the restaurants of the proposers. Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday,September 27,2011—7:00 p.m. 11.3 Commissioner McElyea Commissioner McElyea asked the City Manager about the Sea Grape removal at the beach. City Manager Baldwin responded there are still some concerns and we gave the Florida Department of Environmental Protection a 30 day extension. 11.4 Vice-Mayor Grace Vice-Mayor Grace commented that Bob Daniels is not always a gentleman. She has proof that he did what she said. Vice-Mayor Grace noted that 95% of the BSQ officers are good at their job. However, there are still a few that need to stop doing what they are doing. She remarked that anything that is a bad light in the City needs to be gone. 11.5 Mayor Flury Mayor Flury would like the City Attorney to move forward on the Pier Restaurant. Mayor Flury noted that she is disturbed with the manner that Director Daniels was treated tonight. 12. Appointments There were no appointments at this meeting. 13. Administrative Reports 13.1 City Manager City Manager Baldwin had no comments. 13.2 City Attorney City Attorney Ansbro noted staff is still working with the bank for the demolition of the Dania Beach Hotel and added they are now taking bids for the demolition. He advised that the plan is for the bank to fund the demolition and the City will work with the contractor to get it done to our standards. The contractor will clear the site and we will deed it back to the Hotel. Commissioner Castro referred to the comments made to Vice-Mayor Grace by a staff member regarding Director Daniels. She did not like the fact that we are making decisions based on these types of comments. Commissioner Castro asked City Manager Baldwin to meet with his staff to discuss professionalism, boundaries and confidentiality. City Attorney Ansbro reported that the County Library received the Gold LEED Award. Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday, September 27,2011—7:00 p.m. City Attorney Ansbro noted that Broward County reported the dredging for the Dania Beach Canal will go forward. He will find out the cost involved and report back to the Commission. Vice-Mayor Grace said she never said it was a staff member. 13.3 City Clerk -Reminders Monday, October 3, 2011 - 7:00 p.m. Second Public Hearing Airport Settlement Agreement Wednesday, October 5, 2011 - 6:00 p.m. CRA Board Meeting Tuesday, October 11, 2011 - 7:00 p.m. City Commission Meeting Tuesday, October 25, 2011 - 7:00 p.m. City Commission Meeting 14. Adjournment Mayor Flury adjourned the meeting at 8:56 p.m. ATTEST: CITY OF DANIA BEACH LOUISE STILSON, CMC PATRICIA A. FLURY CITY CLERK o�A�'s FIRST MAYOR r Approved: October 11, 2011 A Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday,September 27,2011 —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: q -Z'l ,20\� PRINT NAME: \ ,e ADDRESS: <�, \b N W PHONE NO. (optional): `` — (4q b JR PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW: 1) --' CITIZEN COMMENTS: Comments by Dfaneach 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: �S O 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 Aid&\ REQUEST TO ADDRESS CITY COMMISSION AT REGULAR 1W 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 COMM7(, N MEETING: ^ ? ,20N PRINT NAME: � �� � ADDRESS: �� N PHONE NO. (optional): C — �4 (4 40k 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 CO T: (�l Ok LA- C��nCQ 2) i-` PUBLIC HEARINGS—ITEM# I (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 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: !!Z2:j. 20_jA 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 da 's agenda. The g g P P Y 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 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: - —~ ,20_ PRINT NAME: / �� l � Gz) zz ADDRESS: 7- 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: Z 2� r 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:1Agenda\PUBLIC SPEAKING FORM.doc q-C?' Dear Commissioners: The Marine Advisory Board of Dania Beach would like to make a recommendation with regard to the type of prospective tenant for the Dania Beach Pier Restaurant. The Board would like the Commissioners to consider an operator who would provide a family dinning atmosphere with emphasis on beach location theme. The menu would be geared toward local seafood with open air seating. The price point for the menu would be commensurate with casual dinning which would be affordable for both local residents as well as seasonal tourist. Similar operators in the area, for example, include Bahia Cabana, Laura Li, Rendezvous at Marina Bay, South Port Raw Bar, and Quarter Deck. Thank you for your consideration in this decision making. Respectfully, The Dania Beach Marina Advisory Board 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: Z.—1 Z-,3l( 20�N— PRINT NAME: ADDRESS: . -2-tv Co S W S= PHONE NO. (optional): PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW: 1) --i ACITIZEN 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:1Agenda\PUBLIC SPEAKING FORM.doc City of Dania Beach Department of Public Services 100 West Dania Beach Blvd•Dania Beach,FL 33004 •(954)924-3741 (954)-923-1109(fax) MEMORANDUM To: Mayor Pat Flury Vice Mayor Bobbie Grace Commissioner Anne Castro Commissioner Walter Duke Commissioner C .K. "Mac" McElyea From: Robert Baldwin, City Manager By: Dominic F. Orlando, P.E. Director of Public Services Date: September 27, 2011 Re: Water Plant West Treatment Unit Repair and Lead Paint Confirmed On July 10, 2011 the paddle shaft assembly on the West Treatment Unit rusted through and caused the paddle shaft to shear in two, damaging the drive motor mixer. The Water Plant has two treatment units West and East, each has 1.5 million gallon per day treatment capacity for total Plant capacity of 3 mgd. Repairs to the West unit required fabricating a new shaft and repairing damage to the Euro-drive mixer. This required removing calcium carbonate scale from the paddle assembly exposing the lead paint coating. We believe the lead paint was applied between 1957 and 1959. In 2010 we learned that the inside walls of the treatment unit (tanks) had the lead based paint. Lead paint abatement in addition to other issues required by the Health Department will be included in the water plant rehabilitation project scheduled to be advertised for bid after the NANO Filtration Plant Project is complete. The Chief Plant Operator collected samples of the calcium chunks that had been removed and had samples tested for lead, they tested positive. The Health Department was contacted. On August 3, 2011 the repair work was completed. The Health Department instructed the Chief Plant Operator to test the treated finished water at the point of entry to the distribution system within 7 days after placing the unit back on-line. The unit was disinfected and passed bacti tests on August 8, 2011. On August 12, 2011 the West Unit was placed. back on line. On August 15, 2011 a sample was sent to the lab. We received the results on August 30, 2011. These sample results were over the Maximum Contaminant level (MCL) and we were required to resample that day. Results were received on September 8, 2011. This sample result was much lower but also over the MCL. Follow up samples at the plant were undetected and below the MCL in the distribution system. The DOH instructed the City to issue a Tier 2 Public Notification within 30 days of the original MCL sample and continue quarterly monitoring of the finished water until a full year of results show lead levels below the MCL. On September 16, 2011 the Health Department signed off on notification letter. The City issued the letter on September 21, 2011.