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HomeMy WebLinkAboutMinutes of Meeting - March 11, 2014 MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, MARCH 11, 2014 — 7:00 P.M. 1. Call to Order/Roll Call Mayor Duke called the meeting to order at 7:00 p.m. Present: Mayor: Walter B. Duke, III Vice-Mayor: Chickie Brandimarte Commissioners: Bobbie H. Grace Albert C. Jones City Manager: Robert Baldwin City Attorney: Thomas Ansbro City Clerk: Louise Stilson 2. Invocation and Pledge of Allegiance Reverend Ronnie Carter, Dania Church of God in Christ, gave the invocation followed by the Pledge of Allegiance to the United States Flag. 3. Presentations and Special Event Approvals 3.1 Special event request from Project Courage Inc., for a "Courage Games 5k Ruck Run" to be held on Saturday, April 26, 2014. The celebration will be held at Quarterdeck Restaurant and the run will take place on Dania Beach/Hollywood Beach from 8:00 p.m. -9:30 p.m. 3.2 Special event request from the American Cancer Society for the annual Dania Beach "Relay for Life" fundraiser, to be held at Tootie Adler Park on Saturday & Sunday, May 3-4, 2014. The applicant is requesting a special event fee waiver in the amount of$150.00, and use of the beach restrooms. 3.3 Approve the Parks, Recreation and Community Affairs Advisory Board recommendation for the Southern Handcraft Society to use the I. T. Parker Community Center on September 24-27, 2014, at the reduced rate of$1,200.00 3.4 Approve the Parks, Recreation and Community Affairs Advisory Board recommendation for a$700.00 rental fee waiver for use of the I.T. Parker Community Center by the American Legion Post#304 on June 29, 2014 3.5 Approve the Parks, Recreation and Community Affairs Advisory Board recommendation for a$1,200 rental fee waiver, for use of the I. T. Parker Community Center by the Dania Lions Club, on April 5, 2014 and August 23, 2014 Commissioner Jones motioned to approve Items #3.1 - #3.5; seconded by Commissioner Grace. The motion carried unanimously. 4. Proclamations 4.1 Captain Kevin Granville—Commissioner Jones Commissioner Jones presented a proclamation to Captain Kevin Granville, BSO Chief of Police, in recognition of his election as President of the South Florida Chapter of the National Organization of Black Law Enforcement Executives(NOBLE). 5. Citizen Comments Charles Camacho, 121 NE P Street,provided an update on the Dania Beach Relay for Life. 6. Public Safety Reports Captain Kevin Granville, BSO Chief of Police, thanked the Commission for the proclamation, and the City Manager for selecting him and providing guidance. He provided an update on recent crime and enforcement activity in Dania Beach, and noted it would be good if the BSO Marine Unit could relocate to the marina. Mayor Duke asked the City Manager to look into the possibility of the BSO Marine Unit being located at the beach, as well as a commercial motor vehicle deputy to handle dump truck issues. 7. Consent Agenda Items added to Consent Agenda: #7.6 Items removed from Consent Agenda: #7.5 7.1 Minutes: Approve Minutes of February 25, 2014 City Commission Meeting 7.2 Travel Requests: None Resolutions 7.3 RESOLUTION#2014-013 Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,March 11,2014—7:00 p.m. i A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO CHANGE ORDER NO. 1 TO THE CITY CONTRACT WITH STRAIGHTLINE ENGINEERING GROUP, INC. FOR THE OASIS IV NEIGHBORHOOD IMPROVEMENT PROJECT; INCREASING THE CONTRACT AWARD BY $81,411.00, FROM $74,534.00 TO $155,945.00, TO ADDRESS NEEDED STORMWATER IMPROVEMENTS IDENTIFIED BY FIELD CONDITIONS OF THE PROJECT; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.4 RESOLUTION#2014-014 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING RESOLUTION NO. 2012-056 ADOPTED ON MAY 8, 2012, WHICH CREATED THE CREATIVE ARTS COUNCIL ADVISORY BOARD, TO PROVIDE THAT NON-VOTING MEMBERS OF THE COUNCIL'S BOARD MAY SERVE AS ALTERNATE VOTING MEMBERS IF VOTING MEMBERS ARE ABSENT FROM A MEETING;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Addendum 7.6 RESOLUTION#2014-016 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA, SUBMITTING A REQUEST TO THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE TEMPORARY CLOSURE OF A PORTION OF GRIFFIN ROAD IN CONNECTION WITH THE SAINT PATRICK'S DAY SPECIAL EVENT TO BE HELD AT THE FIELD RESTAURANT LOCATED AT 3281 GRIFFIN ROAD IN THE CITY ON MARCH 17, 2014; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Grace motioned to adopt the Consent Agenda, with the addition of Item #7.6, and with the exception of Item #7.5; seconded by Commissioner Jones. The motion carried unanimously. 7.5 RESOLUTION#2014-015 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING AND RATIFYING WORK PERFORMED AND IDENTIFIED IN CHANGE ORDER NO. 1 TO BE ISSUED TO SIMPSON ENVIRONMENTAL SERVICES, INC; INCREASING THE APPROVED CONTRACT AMOUNT BY $76,500.00 FOR THE LIlVIE SOFTENING PLANT REHABILITATION - LEAD PAINT ABATEMENT PROJECT TO A TOTAL OF $461,500.00, TO COMPLY WITH REQUIREMENTS OF A CONSENT ORDER ISSUED BY THE BROWARD COUNTY HEALTH DEPARTMENT TO THE CITY; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2014-015. Commissioner Jones noted he spoke to Dominic Orlando, Director of Public Services, about this issue, and although it is something that is needed, we should do our due diligence in the future. Commissioner Jones motioned to adopt Resolution #2014-015; seconded by Commissioner Grace. The motion carried unanimously. Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,March 11,2014—7:00 p.m. 8. Bids and Requests for Proposals There were no proposals on this agenda. 9. Public Hearings and Site Plans 9.1 RESOLUTION#2014-012 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING VARIANCE (VA-022-14) SUBMITTED BY ANTHONY A. ALARI, ON BEHALF OF THE PROPERTY OWNER HUMANE SOCIETY OF BROWARD COUNTY, FOR PROPERTY LOCATED AT 2070 GRIFFIN ROAD IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2014-012, and advised this was a quasi- judicial hearing; he swore-in those who would speak. He asked the Commission to disclose any communication they had on this matter. Corinne Lajoie,Principal City Planner, provided an overview of the project. Mayor Duke opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Commissioner Grace motioned to adopt Resolution #2014-012; seconded by Commissioner Jones. Commissioner Jones asked if it would be possible to put "Dania Beach" on the sign in order to help alleviate confusion with the animal shelter. Anthony Alari, contractor for the project, said he could not answer the question about placing "Dania Beach"on the sign without first talking to his client. The motion carried on the following 4-0 Roll Call vote: Commissioner Grace Yes Vice-Mayor Brandimarte Yes Commissioner Jones Yes Mayor Duke Yes 10. Discussion and Possible Action 10.1 City Commission Vacancy—Mayor Duke Mayor Duke provided an overview of the history of efforts to fill the City Commission vacancy. He compared what is happening in Dania Beach with what has happened in other cities during Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,March 11,2014—7:00 p.m. the same time period. Mayor Duke noted that he is willing to compromise; there are three African American applicants and he would be happy to work with any of them. Commissioner Grace motioned to appoint Boisey Waiters, Jr.; seconded by Mayor Duke. The motion failed 2-2 on the following Roll Call vote: Commissioner Grace Yes Vice-Mayor Brandimarte No Commissioner Jones No Mayor Duke Yes Mayor Duke noted four applicants live west of I-95, and he would support any of them. He asked for a motion to appoint someone. Commissioner Grace motioned to appoint Mark LaRocca; seconded by Mayor Duke. The motion failed 2-2 on the following Roll Call vote: Commissioner Grace Yes Vice-Mayor Brandimarte No Commissioner Jones No Mayor Duke Yes Mayor Duke read from, and commented on, the September Sun Sentinel Op-Ed piece regarding the vacancy. Bill Harris, 902 Natures Cove Road, nominated himself to fill the vacancy. He noted that he came in with the next highest votes behind Charles McElyea in the last election, and said he would do the job for free. Commissioner Grace motioned to appoint Bill Harris. Motion died for lack of a second. Charles Camacho, 121 NE P Street, said he has not heard how the money is accruing for the vacant position, and the people should have a right to say how the money will be spent. Judy Jensen, 46 SE 5 h Street, commented Mayor Duke is making an effort to fill the position. Craig Urbine, 229 SE 4t' Street, said that a good compromise would be to open up the application process again, as opposed to re-hashing the same thing over and over again. Luis Rimoli, 902 Natures Cove Road, disagreed with Craig Urbine, and noted the Commission could not come up with a reason why any of the candidates were not qualified for the position. He addressed the Commission's inability to appoint an alternate member to the Green Advisory Board, and said each of the Commissioners has their own agenda, which is not the agenda that helps the City move forward. Commissioner Jones said the vacant seat board appointments should be made before those for the Green Advisory Board are made; he has made numerous motions to re-appoint former Commissioner Flury's Board Members, but he keeps getting voted down by two of the Commissioners. Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday,March 11,2014—7:00 p.m. Mayor Duke said everyone has an opinion and a right to say what they want to say. Charles Camacho, 121 NE P Street, asked the City Attorney if there was any liability to the City. City Attorney Ansbro responded in the negative. Chase Camacho, 141 NE P Street, asked if the City was putting itself in a position for a class action suit by the current applicants if the process is opened to others, and City Attorney Ansbro responded in the negative. 10.2 Discussion to re-open the application process for the City Commission vacancy — Commissioner Jones Commissioner Jones commented he believes there is always a process, and he is not going to let someone circumvent that process. He added he knows we will not get the vote to re-open the process. Further, he said the Commission has discussed this on numerous occasions and has voted the 19 candidates up and down. There was no agreement on any; this is why the process should be re-opened and maybe the Commission will have someone they can agree on. He reiterated we should re-open the process and we can start to talk. Commissioner Jones motioned to re-open the process, and the current applicants can be a part of it; seconded by Vice-Mayor Brandimarte. Vice-Mayor Brandimarte commented she was not a part of the process, and she did pick one of the 19 candidates. She added the Mayor should have known after all these months that this was not flying because they were not part of the process on how to pick the person to fill the seat. Mayor Duke asked Commissioner Grace if she felt that she was part of the process, and she responded in the affirmative. Mayor Duke addressed the process to date, and said sensible, rational people can see what is going on. He added that staff tells him all the time that they are afraid to bring things forward out of concern there will be a deadlock. He noted he is not going to vote to re-open the application process. Commissioner Jones said he understands how the Mayor feels and he feels the same in a sense, in that he will not move forward unless the process is re-opened. The motion failed 2-2 on the following Roll Call vote: Commissioner Grace No Vice-Mayor Brandimarte Yes Commissioner Jones Yes Mayor Duke No 11. Commission Comments 11.1 Commissioner Grace Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,March 11,2014—7:00 p.m. Commissioner Grace commented about overgrown weeds in the islands at the Estates of Ft. Lauderdale, and asked if there are brick pavers available that could be installed, along with palm trees,to make it look more appealing. Public Services Director Orlando responded representatives of the community agreed on the landscape improvements to be made, which includes palm trees and shrubs to fill in voids. He added they already came up with a plan, and the Estates of Ft. Lauderdale, not the City, is responsible for irrigation and lighting. He noted pavers would be a maintenance issue and would be expensive. Commissioner Grace asked Public Services Director Orlando to get with the community anyway and find out how expensive pavers would be. Commissioner Grace commented on recent and upcoming community events throughout the City. Commissioner Grace spoke of decreased complaints about Code Enforcement, the appearance of downtown Dania Beach, and the Head Start Program at Collins Elementary. Commissioner Grace said her employee of the month is Captain Kevin Granville. 11.2 Commissioner Jones Commissioner Jones commented he was in Tallahassee and met with our Lobbyist, Carole Duncansen. He noted the Eminent Domain Bill will go forward this year, and the County is in tandem with us on this bill. Commissioner Jones addressed some of the health/hospital issues that were discussed in Tallahassee. Commissioner Jones said March is Women's History Month, and noted that, at the Library on March 18'`, one of the three women to be honored will be Anne Castro, who was nominated by Broward County Vice-Mayor Tim Ryan. Commissioner Jones spoke of his Town Hall meeting scheduled for March 24th, and asked the citizens to come and bring their questions. He noted the meeting will last only one hour. 11.3 Vice-Mayor Brandimarte Vice-Mayor Brandimarte asked Public Services Director Orlando where we stand with the drainage issues on SE 3`d Avenue. Public Services Director Orlando said the bids were received and our consultant has made a recommendation to award to the lowest bidder. The information package has been sent to the state for review and we are awaiting their approval. Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,March 11,2014—7:00 p.m. Vice-Mayor Brandimarte thanked Code Enforcement for their job of keeping the fire lanes free of parked cars in the SE area senior community. Commissioner Brandimarte spoke of the recent event held at the Estates of Ft. Lauderdale, and encouraged pursuing whether or not pavers can be installed for the community. 11.4 Mayor Duke Mayor Duke had no comments. 12. Appointments Mayor Duke motioned to appoint Luis Rimoli as an Alternate to the Green Advisory Board; seconded by Commissioner Grace. The motion failed 2-2. Commissioner Jones motioned to re-appoint all of former Commissioner Flury's board appointments; seconded by Vice-Mayor Brandimarte. The motion failed 2-2. 13. Administrative Reports 13.1 City Manager City Manager Baldwin noted the next meeting agenda should be busy; likely items include bid award of the SE Stormwater Drainage Project, presentation on the Waterfront Beach Revitalization Plan, and a presentation on the CAFR. Baldwin added staff is working with the Chambe r of Commerce on a special event City Manager ald g P for hurricane preparedness, and information on this will be given at the next meeting. City Manager Baldwin addressed working with BSO on the prostitution problem on Federal Highway in Dania Beach. 13.2 City Attorney City Attorney Ansbro had no comments. 13.3 City Clerk -Reminders Monday, March 24,2014 - 6:30 p.m. Commissioner Jones Town Hall Meeting at P.J. Meli Park Tuesday, March 25,2014 - 7:00 p.m. City Commission Meeting Wednesday, April 2, 2014 - 6:00 p.m. CRA Board Meeting Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,March 11,2014—7:00 p.m. 14. Adjournment Mayor Duke adjourned the meeting at 8:47 p.m. ATTEST: CITY OF IA BEACH LOUISE STILSON, CMC oIs Fier WAI/TF B. DUKE,III CITY CLERK ®c� _ G MAYOR Approved: March 25, 2014 Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,March 11,2014—7:00 p.m. rr, REQUEST TO ADDRESS CITY COMMSSION 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: 3 ,20 I PRINT NAME: 'Ar,0/0 ADDRESS: Z Z I w f 3 ST 13 a V PHONE NO.(optional): PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW: I) 0 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. 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) n 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 TRUITMM 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 WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION IS REQUIRED. PRIOR TO ENGAGING IN ANY LOBBYING ACTIVITIES, WHETHER OR NOT COMPENSATION IS PAID OR RECEIVED IN CONNECTION WITH THOSE ACTIVITIES,EACH LOBBYIST SHALL FILE WITH THE CITY CLERK AN ANNUAL REGISTRATION STATEMENT AND PAY AN ANNUAL ONE HUNDRED DOLLARS ($100.00) REGISTRATION FEE FOR EACH PRINCIPAL OR EMPLOYER REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE,OR ON THE CITY WEBSITE:WWW.DANIABEACHFL.GOV. (ORDINANCE#2012-019) GAAgenda\PUBLIC SPEAKING FORM.doc