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HomeMy WebLinkAboutMinutes of Meeting - November 8, 2011 MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, NOVEMBER 8, 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 Commissioner Anne Castro gave the invocation followed by the Pledge of Allegiance to the United States Flag. 3. Presentations and Special Event Approvals 3.1 Request from the Sunshine Chapter of Antique Motorcycle Club of America for the "6th Annual Dania Beach Vintage Motorcycle Show"to be held Saturday, January 28, 2012 at Frost Park from 10:00 a.m. — 6:00 p.m. The applicant is requesting a road n closure on Fronton Boulevard from NE 2 d Street to NE 1st Street. 3.2 Request for the annual "Dania Beach Relay for Life" event, to be held at Frost Park, beginning at 6:00 p.m. on Friday, March 23, 2012, ending at 11:45 a.m. on Saturday, March 24, 2012. The applicant is also requesting a waiver of all application and permit fees as well as a donation towards The American Cancer Society. Vice-Mayor Grace motioned to approve the Special Event Requests; 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 4. Proclamations There were no proclamations at this meeting. 5. Citizen Comments Victoria Payne, Executive Director, Chamber of Commerce, provided an update of Chamber events. George Jason, 4549 SW 37th Avenue, noted that a donation box for the Seafarers is located in the Atrium at City Hall and the City Parks. He advised that Dania Beach Neighborhood United is inviting all neighborhoods to join their organization. Mr. Jason said he had a vision that a park should be developed at the former Pirates Inn property. He requested that someone purchase it and donate it to the City. 6. Public Safely Reports Lt. Diane Brown, BSO Sheriff's Office, thanked the Commission for approving the request for LETF funds for the fitness center. 7. Consent Agenda Items added to Consent Agenda: #7.15 Items removed from Consent Agenda: #7.11, #7.13 7.1 Minutes: None 7.2 Travel Requests: None Resolutions 7.3 RESOLUTION #2011-127 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A COASTAL ZONE MANAGEMENT PROGRAM GRANT AGREEMENT FOR AN AMOUNT NOT TO EXCEED $30,000.000 (IN CONNECTION WITH DEP AGREEMENT NO. CM215, PURSUANT TO THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COOPERATIVE AWARD) WITH THE STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL PROTECTION; PROVIDING FOR APPROPRIATION OF FUNDS INCLUDING REQUIRED CITY MATCHING FUNDS OF $30,000.00 AND PLANNING FUNDS OF $50,000; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.4 RESOLUTION#2011-128 Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,November 8,2011—7:00 p.m. - I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,REQUESTING ADVANCE APPROVAL FROM THE CITY COMMISSION OF THE CITY OF DANIA BEACH FOR ADVERTISEMENT OF THE SECOND AND FINAL PORTION OF THE CAPITAL PROJECT KNOWN AS THE SOUTHEAST DRAINAGE IMPROVEMENTS PROJECT, WHERE BIDDING IS EXPECTED TO BE SOUGHT BY THE PUBLIC SERVICES DEPARTMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION#2011-129 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA,REQUESTING ADVANCE APPROVAL FROM THE CITY COMMISSION OF THE CITY OF DANIA BEACH FOR ADVERTISEMENT OF THE CAPITAL PROJECT KNOWN AS THE INFILTRATION/INFLOW PHASE III PROJECT,WHERE BIDDING IS EXPECTED TO BE SOUGHT BY THE PUBLIC SERVICES DEPARTMENT; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION #2011-130 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA,REQUESTING ADVANCE APPROVAL FROM THE CITY COMMISSION OF THE CITY OF DANIA BEACH FOR ADVERTISEMENT OF THE CAPITAL PROJECT KNOWN AS THE LIFT STATION REHABILITATION PHASE I1 PROJECT, WHERE BIDDING IS EXPECTED TO BE SOUGHT BY THE PUBLIC SERVICES DEPARTMENT;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.7 RESOLUTION#2011-131 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE SIDEWALK REPLACEMENT MATERIALS AND THE INSTALLATION OF SIDEWALK CONSTRUCTION SERVICES IN AN AMOUNT NOT TO EXCEED $70,000.00 IN FISCAL YEAR 2011-2012 FROM METRO EXPRESS, INC. UNDER SOUTHEAST FLORIDA GOVERNMENTAL COOPERATIVE GROUP BID ITB NO. 09-10-069; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.8 RESOLUTION#2011-132 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA,REQUESTING ADVANCE APPROVAL FROM THE CITY COMMISSION OF THE CITY OF DANIA BEACH FOR ADVERTISEMENT OF THE CAPITAL PROJECT KNOWN AS THE I.T. PARKER DOCK REPLACEMENT; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.9 RESOLUTION#2011-133 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH FLORIDA RATIFYING, AUTHORIZING AND DIRECTING THE TRANSFER OF $340,000.00 FROM AVAILABLE CITY GENERAL FUND AND CAPITAL PROJECT FUND APPROPRIATIONS TO THE DANIA BEACH CRA TO PROVIDE ADDED FUNDING FOR THE CRA NEIGHBORHOOD CAPITAL PROJECTS AS VERBALLY APPROVED ON OCTOBER 25, 2011; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.10 RESOLUTION#2011-134 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A MEMORANDUM OF UNDERSTANDING (MOU) WITH THE BROWARD SHERIFF'S OFFICE AND WITH TWENTY CITIES IN BROWARD COUNTY Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,November 8,2011—7:00 p.m. IN CONNECTION WITH THE 2011 BYRNE JUSTICE ASSISTANCE LOCAL SOLICITATION GRANT PROGRAM(JALSG);PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.12 RESOLUTION#2011-136 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING, AUTHORIZING AND DIRECTING THE TRANSFER OF $192,715.00 FROM AVAILABLE CAPITAL PROJECT FUND APPROPRIATIONS TO THE DANIA BEACH CRA TO PROVIDE ADDED FUNDING FOR THE CRA SUN GARDEN ISLES NEIGHBORHOOD CAPITAL PROJECT; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Ordinances (Titles read by City Attorney) 7.14 ORDINANCE#2011-035 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, REPEALING CHAPTER 27 OF THE CITY CODE OF ORDINANCES ENTITLED "WATER AND SEWERS" IN ITS ENTIRETY, AND CREATING A NEW CHAPTER 27 ENTITLED "WATER AND SEWERS" IN ORDER TO EFFECT A COMPREHENSIVE REVISION OF CHAPTER 27 OF THE CODE OF ORDINANCES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Addendum 7.15 RESOLUTION#2011-139 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO TERMINATE THE DEVELOPMENT AGREEMENT WITH DOWNTOWN DANIA BEACH DEVELOPMENT, LLC; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Castro motioned to adopt the Consent Agenda, with the addition of Item #7.15, and the exception of Items #7.11 and #7.13; 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 7.11 RESOLUTION#2011-135 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH MUNB LOAN HOLDINGS,LLC("MUNB"),A DELAWARE CORPORATION,AUTHORIZED TO CONDUCT BUSINESS IN FLORIDA, RELATING TO THE DEMOLITION OF THE DANIA BEACH HOTEL AND TRANSFER OF TITLE TO THE PROPERTY LOCATED AT 180 EAST DANIA BEACH BOULEVARD FROM THE CITY TO MUNB, AND TO EXECUTE DEMOLITION CONTRACTOR AGREEMENTS WITH BEST-TEC ASBESTOS ABATEMENT, INC., AND THE BG GROUP, LLC. FOR THE DEMOLITION OF THE DANIA BEACH HOTEL, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,November 8,2011—7:00 p.m. City Attorney Ansbro read the title of Resolution#2011-135. Commissioner Castro asked Attorney Ryan to give a brief explanation of this case for the benefit of the public. Tim Ryan, Special Counsel, provided the history of the property, which information was included in the agenda packet. He noted it will take approximately 3-4 months for the lender to accept title from the City. Commissioner Castro recognized everyone involved in this lengthy process. She noted this parcel will enhance the quality of the neighborhood and help with our redevelopment efforts. Commissioner Castro motioned to adopt Resolution #2011-135; 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 7.13 ORDINANCE#2011-034 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 28 OF THE CITY CODE OF ORDINANCES, ENTITLED "LAND DEVELOPMENT CODE", BY CREATING ARTICLE 690 TO BE ENTITLED "EXPEDITED PROCESSING FOR QUALIFIED BUSINESSES"; PROVIDING FOR EXPEDITED PROCESSING OF PERMITS AND OTHER RELATED MATTERS FOR CERTAIN QUALIFIED NEW, EXPANDING OR RELOCATING BUSINESSES WITHIN THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.(FIRST READING) City Attorney Ansbro read the title of Ordinance#2011-034. Commissioner Castro asked Economic Development Director Ana Zeinieh to explain what this amendment means to businesses coming into and operating in Dania Beach. Ana Zeinieh, Economic Development Director, explained the ordinance. She noted that this ordinance is designed to promote a business friendly environment that would help to retain and grow our existing businesses and to attract new businesses to our City. Commissioner Duke noted he is very pleased to see the Commission is focused on helping small businesses. Commissioner Castro motioned to adopt Ordinance 42011-034, 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 Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday,November 8,2011 —7:00 p.m. 8. Bids and Requests for Proposals 8.1 RESOLUTION#2011-137 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AQUATIC FACILITIES MANAGEMENT AGREEMENT WITH JEFF ELLIS &ASSOCIATES, INC. A TEXAS CORPORATION DB/A JEFF ELLIS MANAGEMENT, LLC,A FOREIGN CORPORATION AUTHORIZED TO CONDUCT BUSINESS IN FLORIDA FOR THE PROVISION OF LIFEGUARD, OPERATION AND MAINTENANCE SERVICES FOR THE C.W. THOMAS PARK POOL AND THE P.J. MELI AQUATIC COMPLEX; PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2011-137. Commissioner Castro motioned to adopt Resolution #2011-137; 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. Public Hearings and Site Plans 9.1 ORDINANCE#2011-033 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATION", SECTION 2-30, "INDIVIDUAL CAMPAIGN CONTRIBUTION LIMITS" OF THE CITY CODE OF ORDINANCES TO PROVIDE FOR ADDITIONAL CAMPAIGN FINANCING PROVISIONS SUPPLEMENTING STATE LAW THAT WILL PROHIBIT ENTITIES AND ORGANIZATIONS FROM MAKING CONTRIBUTIONS TO CANDIDATES IN CITY ELECTIONS FOR MAYOR AND CITY COMMISSIONERS; PROVIDING ADDITIONAL RELATED DEFINITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance#2011-033. Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Commissioner McElyea asked for clarification of the ordinance. City Attorney Ansbro explained that the ordinance would prohibit all entities and organizations from making campaign contributions; therefore only a natural person could make a donation. Commissioner Duke asked Mayor Flury why we were moving forward with this, considering our City Attorney suggested we should wait until the conclusion of the 81h Circuit Court of Appeals Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,November 8,2011 —7:00 p.m. case in Minnesota that addresses the constitutionality of a ban on corporate campaign contributions to individual candidates. Mayor Flury noted a resident brought forward the ordinances from Hollywood and Ft. Lauderdale and thought it would be good for the City. Commissioner Duke questioned if contributions from small businesses have corrupted this process. He further noted that the small business community is concerned with the direction of this Commission. Commissioner Castro clarified why she supports this ordinance. She remarked she favors small businesses but unfortunately big businesses are running our country. Commissioner Castro noted she has no specific knowledge of corruption by any past or present Commissioner. She stated that people in the country need to start taking government back. Lastly, Commissioner Castro said she would like to see other election reforms in our City. Commissioner Castro motioned to adopt Ordinance #2011-033, on second reading; seconded by Commissioner McElyea. Vice-Mayor Grace disagreed with Mayor Flury and Commissioner Duke. She noted that it is not only for the Mayor to bring to the table the issues that we consider to be beneficial to the taxpayers, but to the entire Commission. Vice-Mayor Grace added that we need people who are honest and sincere to run for office. Commissioner McElyea noted he does not need anyone's money. He will do what is legal and no one can buy him. Commissioner Duke noted he has opened his account and publicly stated that he is running in the next election, therefore this ordinance impacts him directly. He thanked City Attorney Ansbro for the responses to his questions at the October 25, 2011 meeting. Commissioner Duke commented it is too political. He recommended tabling this item and incorporating simple language to turn it over to the new office of the Inspector General. City Attorney Ansbro responded he would contact the office of the Inspector General to see if this is something they could do. He noted this is a simple municipal ordinance. Commissioner Castro does not object to contacting the Inspector General's office; however we currently have mechanisms in place to address these issues as they arise. City Attorney Ansbro read the recitals of the ordinance, so that the audience would understand the reason for the implementation of this law. He also explained the current case law and noted that he would prefer that the Commission wait until a decision is made before adopting this ordinance. Vice-Mayor Grace said this will deter people from running for office. Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,November 8,2011 —7:00 p.m. 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 #2011-023 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE COMPREHENSIVE PLAN BY AMENDING THE TEXT OF THE CAPITAL IMPROVEMENTS ELEMENT AND THE PUBLIC SCHOOL FACILITIES ELEMENT; PROVIDING FOR TRANSMITTAL AND ADOPTION PURSUANT TO SECTION 163.3184, FLORIDA STATUTES; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER,PROVIDING FOR AN EFFECTIVE DATE.(ADOPTION PHASE) City Attorney Ansbro read the title of Ordinance#2011-023. 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 #2011-023, on second reading for Adoption; 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 City Attorney Ansbro advised the remaining items were quasi-judicial hearings and swore-in those who would speak. He asked the Commission to disclose any communication they had on this matter. 9.3 RESOLUTION#2011-119 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VARIANCE REQUEST SUBMITTED BY DAWN MCDONALD WITH CORPORATE PROPERTY SERVICES, INC. REPRESENTING MCDONALDS CORPORATION FOR VARIANCES FROM THE UNIFIED. LAND DEVELOPMENT CODE, PART 2, SECTION 505-140(C), SIGN REGULATIONS, FOR PROPERTY LOCATED AT 1310 SOUTH FEDERAL HIGHWAY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (Continued from October 25,2011) City Attorney Ansbro read the title of Resolution#2011-119 and Resolution#2011-13 8. Bob Daniels, Director of Community Development, noted the sign variances requested are the standard corporate signage used for remodeled McDonald's restaurants, and provided an overview of the request. Director Daniels advised that the CRA Director, as well as staff, recommend approval of the request. He further explained that in conjunction with this application, there is a right-of-way dedication to the City of approximately 300 square feet of Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,November 8,2011 —7:00 p.m. frontage along South Federal Highway as required by code. Director Daniels indicated that staff is also recommending approval of the dedication. Commissioner Duke confirmed with Director Daniels that staff is working in coordination with the CRA Director and Public Services Director regarding the Federal Highway project currently underway. Mayor Flury opened the Public Hearing. Teddy Bohanan, 312 SW 15th Street, noted they are working hard to clean the area, and McDonald's has trash strewn throughout the neighborhood. She questioned if they could install trash receptacles or have someone pick up the trash. Mayor Flury concurred with Ms. Bohanan. She asked if we should consider requiring, as a condition to this approval,that McDonald's install trash receptacles in the back of their property. 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 #2011-119,with the condition to install trash receptacles in the back of the property; 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 9.4 RESOLUTION#2011-138 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, ACCEPTING A RIGHT OF WAY DEED, PROPOSED TO BE CONVEYED TO THE CITY BY MCDONALD'S CORPORATION, A DELAWARE CORPORATION, AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Castro motioned to adopt Resolution #2011-138; 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 10. Discussion and Possible Action Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,November 8,2011 —7:00 p.m. 10.1 Discussion for preliminary approval for Commissioner Castro to attend the National Council of Legislators from Gaming States (NCLGS) 2012 Winter Meeting in Las Vegas,Nevada, on January 6-8, 2012 (Estimated cost$1,800.00) Vice-Mayor Grace motioned to approve the preliminary request for Commissioner Castro to attend the NCLGS Meeting in Las Vegas; 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 10.2 Motion to support filing of a local bill b City officials with the Broward Count pp g Y t3' Y State Legislative Delegation regarding the extension of City municipal beach boundaries to the three mile limit in the Atlantic Ocean. Vice-Mayor Grace motioned to support the local bill; 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 11. Commission Comments 11.1 Commissioner Castro Commissioner Castro commented on the casino issue. She noted Ronnie Bergeron has filed an application for the Everglades Jai Alai Fronton on US 27 and wondered if the City should file an objection. She asked the City Attorney to look into the matter. City Manager Baldwin noted he is having a meeting with the City Managers of Hallandale Beach and Pompano Beach on the gaming issue and will discuss this matter with them. Commissioner Castro spoke about the flooding issue. She noted that BSO Sheriff's Office is now taking calls regarding flooding problems, instead of BSO Fire Department. Commissioner Castro prefers that BSO Fire Department take these calls. She asked the City Manager to develop a plan to make sure that our residents have an "after hours" number to call and get a response. Commissioner Castro congratulated the CRA and Community Development staff on receiving the "South Florida Outstanding Planning Project — Place Making and Identity" award sponsored by the FAU School of Urban and Regional Planning, for the Library and Parking Garage projects. Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,November 8,2011—7:00 p.m. Commissioner Castro commended Corinne Lajoie, Principal City Planner, as her Employee of the Month. Commissioner Castro noted the Tri-Rail event was very successful. She thought staff should engage with them to get more City involvement in future years. Commissioner Castro commented City staff will be attending a Flooding Open House on Monday, November 14, 2011, from 4:00 p.m. to 7:45 p.m. at the South Regional Library in Pembroke Pines. She encouraged everyone to attend this seminar which could impact their flood insurance. Commissioner Castro spoke about Drug Testing. She noted she has been drug-tested and the results are available should anyone want to see it. Commissioner Castro further stated that we do not have a drug-free workplace. She explained that public sector employees are protected by the 4th Amendment and therefore not required to be tested. Commissioner Castro asked City Manager Baldwin to find out what we are allowed to do. 11.2 Commissioner Duke Commissioner Duke thanked staff and the Commission for all their work. Commissioner Duke recognized all of our veterans as we approach Veterans Day. 11.3 Commissioner McElyea Commissioner McElyea thanked the students of South Broward High for attending tonight's meeting. 11.4 Vice-Mayor Grace Vice-Mayor Grace introduced Public Services Director Dominic Orlando to Pastor Scott, Restoration Outreach Center,to address flooding issues at his property. Vice-Mayor Grace thanked Victoria Payne, Chamber of Commerce and Craig Urbine, Stirling Road Design District, for a wonderful event honoring our veterans. She wished the City could have more prestigious events like the Veterans Salute. Vice-Mayor Grace spoke about the 55th Anniversary of Jaxson's Ice Cream Parlor and thanked them for their generous Fundraiser for the Joe DiMaggio Children's Hospital. Vice-Mayor Grace noted she received some negative phone calls from the flooding in the SE area and she directed them to the City Manager and Director Orlando. She said some of the issues need to be discussed with their landlords, not the City. Vice-Mayor Grace suggested holding a workshop at a future date,to address flooding in the City. Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday,November 8,2011 —7:00 p.m. Vice-Mayor Grace encouraged everyone to get involved in civic organizations. She further noted that new board members will be appointed at the beginning of the year and those who would like to serve on any of the City boards should contact the Commission. 11.5 Mayor Flury Mayor Flury thanked the Public Services employees for their hard work prior to and during the storm. 12. Appointments Commissioner Castro appointed Michael Talotta to the Green Advisory Board. Commissioner Castro motioned to approve the appointment; seconded by Vice-Mayor Grace. The motion carried unanimously. 13. Administrative Reports 13.1 City Manager City Manager Baldwin noted he was upset that the Special Magistrate allowed 100 days to move the trailers in the Oasis project area. He would like to bring an ordinance forward to not allow trailers in the neighborhoods. City Manager Baldwin noted our veterans are our heroes for life. He thanked them for their sacrifice and wished everyone a Happy Veterans Day. City Manager Baldwin spoke about the flooding issue. He noted we have to make changes on our telephone policy. City Manager Baldwin noted that he previously distributed a memo on the Sheridan East condominiums regarding our efforts to try and correct their flooding problems. He commented that we have worked with them,but a lot of their drainage problems are the responsibility of their condominium and they need to address them with their association. Commissioner Castro noted this has been an unusual rain event, like others we had before. She thought we should have a workshop on this issue letting the residents know, in writing, what we can do to help. Commissioner Castro asked her fellow Commissioners to come to consensus as to what the plan is, and what we can or cannot do. Commissioner Duke noted that people have done their part and are now waiting for the current projects to get done so they can tie in to that plan. 13.2 City Attorney Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,November 8,2011 —7:00 p.m. City Attorney Ansbro provided an update on the Pier Restaurant. 13.3 City Clerk- Reminders Thursday,November 17, 2011 - 6:00 p.m. Abatement Hearing Tuesday,November 22, 2011 - 7:00 p.m. City Commission Meeting 14. Adjournment Mayor Flury adjourned the meeting at 8:43 p.m. ATTEST: CITY OF DANIA BEACH LOUISE STILSON, CMC PATRICIA A. FLURY CITY CLERK O�P�'S FIRST MAYOR Approved: November 22, 2011 ��IQppRA'�� Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday,November 8,2011 —7:00 p.m. REQUEST TO ADDRESS CITY COMMISSION AT REGULAR lip 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 MBETING::: ,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: U-10� 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 AA& 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 g ,20LL PRINT NAME: 2r's a w! ADDRESS: q-5-49 sw 77'Avg BAN1A d t�_f GL 3331Z PHONE NO. (optional): �95'�f) 4 T7- 43'V? PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW: 1) 1-111 /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: A �I /r t; bAdta L7fiACH MEtGN A0f-M0065 LJ&U?*xb 81"R5 A9U51 N01904A gJ57-WAS D�eP SO)( — 6'J�15 I *AbA YiSteu�' 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 To: City Commission Through: Robert Baldwin, City Manager From: Colin Donnelly, Assistant City Manager Re: Fiscal Impact of Ordinance No. 2011-033 The cost impact of the pending legislation (Ordinance No. 2011-033) is based up the enforcement of similar City election ordinances on spending limits and similar ordinances in neighboring communities which ban campaign contribution from corporate bodies. Ordinance 2011-033 was based upon legislation enacted by the City of Fort Lauderdale in 2002 and the City of Hollywood (2010). The City of Fort Lauderdale, to date, has not prosecuted a violation of the ordinance, nor has the City of Hollywood. The City's current campaign donation limit is $250, which is less that the State limit of $500. The City Clerk's Office reports that there has not been a violation of this campaign limit rule. These ordinances can be described as self-policing, where campaigns and candidates are aware of limits and act accordingly. Ms. Stilson informs me that new legislation has clarified the clerk's duties in campaign finance reporting, where municipal clerks are no longer required to check the accuracy of the reports. Mr. Ryan's memorandum of November 7, 2011 details the actions involved in addressing a violation of the proposed ordinance. As a municipal ordinance violation, the prosecution has an estimated fiscal impact of $2,000 - $3,000, to prosecute per instance, if discovery, motions or both are involved. An appeal to a higher court would be substantially more than a municipal prosecution. To conclude, the fiscal impact of this ordinance would be in the prosecution of a violation and not in the administration.