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HomeMy WebLinkAbout2019-04-09 Regular City Commission Meeting Minutes MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, APRIL 9, 2019 - 7:00 P.M. 1. Call to Order/Roll Call Mayor Lewellen called the meeting to order at 7:01 p.m. Present: Mayor: Lori Lewellen Vice-Mayor: Lauren Odman Commissioners: Chickie Brandimarte Bill Harris Tamara James City Manager: Ana M. Garcia, ICMA-CM City Attorney: Thomas Ansbro City Clerk: Thomas Schneider 2. Moment of Silence and Pledge of Allegiance Mayor Lewellen called for a moment of silence after the Pledge of Allegiance to the United States Flag. 3. Presentations and Special Event Approvals 3.1 Presentation of a plaque to Peter Fournier, Dania Beach Ocean Rescue Lifeguard, on his retirement after 41 years of service to the City. The Commission presented a plaque to Mr. Fournier and thanked him for his dedicated service to the City. Mr. Fournier spoke of his 41 years of service and thanked the Commission and staff. 3.2 City Manager commendations to Public Services employees: Katia Bordy Rupert Crawford Lee Drake Darren Greene Ahmad Thomas Johnny Vasquez City Manager Garcia presented certificates of commendation to the employees in recognition of their outstanding contribution, service and going above and beyond the call of duty for the citizens of Dania Beach during the recent water main break. 3.3 Special Event request from Latonya Shorter and Josiane Paul for a beach wedding to be held near the Dania Beach Pier, 300 North Beach Road, on May 4, 2019 from 5:00 a.m. — 10:00 a.m. The applicant is requesting seaweed to be removed the morning of the ceremony. Commissioner James motioned to approve the Special Event request for the beach wedding; seconded by Vice-Mayor Odman. The motion carried unanimously. 3.4 Special Event request from Divers Cove for the 8th Annual Beach and Pier Cleanup to be held on July 13, 2019, at 300 North Beach Road from 7:30 a.m. — 12:00 p.m. Commissioner James motioned to approve the Special Event request for the 8th Annual Beach and Pier Cleanup; seconded by Vice-Mayor Odman. The motion carried unanimously. 3.5 Special Event request from SOL Saving Ocean Life for the Saving Ocean Life Spring Event beach clean-up to be held on May 19, 2019 at 300 N. Beach Road, from 8:00 a.m. to 12:30 p.m. The applicant is requesting a fee waiver. Commissioner James motioned to approve the Special Event request for the Saving Ocean Life Spring Event beach clean-up; seconded by Vice Mayor Odman. The motion carried unanimously. Addendum 3.6. Request for a Temporary Use—Islamorada Fish Company Temporary Kitchen Marc LaFerrier, Director of Community Development, explained the Temporary Use request and noted staff recommends approval. Mayor Lewellen questioned if the Health Department's approval was required. Director of Community Development LaFerrier said yes. Commissioner James motioned to approve the Temporary Use request for the Islamorada Fish Company; seconded by Commissioner Harris. The motion carried unanimously. 4. Proclamations 1. Humane Society of Broward County Week - Richard Goodnight, Volunteer, Humane Society of Broward County Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,April 9,2019—7:00 p.m. Mayor Lewellen read the Humane Society of Broward County Week Proclamation and presented it to Thom Bambenek, Chairman of the Board of the Humane Society. 5. Citizen Comments There were no comments at this meeting. 6. Public Safety Reports Captain Daniel Marks, BSO Chief of Police, addressed the new Text 911 system recently made available and a Social Security scam that has occurred in Dania Beach. He noted the Shred-a- Thon and Operation Medicine Cabinet event will be held on April 27ffi at Bass Pro Shops. BSO Fire Safety Inspector Richard Brown reported on Dania Pointe, Saratoga Apartments, and the E-Plan Review program. Commissioner Brandimarte requested statistics for EMT and police calls at Dania Pointe. 7. Consent Agenda Items removed from Consent Agenda: #7.2 7.1 Minutes: Approve Minutes of March 26, 2019 City Commission Meeting Resolutions 7.3 RESOLUTION#2019-031 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, ESTABLISHING A SCHEDULE OF FEES FOR THE PARKS AND RECREATION DEPARTMENT ATHLETIC PROGRAMS;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.4 RESOLUTION#2019-032 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, ACCEPTING UTILITY EASEMENTS AND A BILL OF SALE FROM STIRLING SQUARE, LLC, A FLORIDA LIMITED LIABILITY COMPANY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION#2019-033 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN OPTIONAL FIVE(5)YEAR RENEWAL OF THE EXISTING AGREEMENT WITH WESTREC MARINA MANAGEMENT, INC. A CALIFORNIA Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,April 9,2019—7:00 p.m. CORPORATION, LICENSED TO DO BUSINESS IN FLORIDA, FOR MANAGEMENT OF THE PIER AND BAIT SHOP WHICH SERVICES SHALL NOT EXCEED THE ANNUAL AMOUNT OF ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($175,000.00); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION 42019-034 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT FOR PUBLIC TRANSPORTATION SERVICES, WHICH AGREEMENT EXISTS BETWEEN THE CITY AND LIMOUSINES OF SOUTH FLORIDA, INC., RELATING TO A MONTH-TO-MONTH EXTENSION UNDER THE SAME PRICING, TERMS, AND CONDITIONS; WITHOUT COMPETITIVE BIDDING;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Ordinances (Titles read by City Attorney) 7. ORDINANCE#2019-006 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 8, ENTITLED "BUILDINGS", ARTICLE X, ENTITLED "STORM SHUTTER REGULATIONS", SECTION 8-186, ENTITLED "STORM SHUTTER PLACEMENT", OF THE CITY CODE OF ORDINANCES, PERTAINING TO THE DATES THAT STORM SHUTTERS SHALL NOT BE PERMITTED TO BE MAINTAINED IN A CLOSED POSITION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Commissioner James motioned to adopt the Consent Agenda, with the exception of Item #7.2; seconded by Commissioner Harris. The motion carried unanimously. 7.2 Travel Requests: Request from Commissioner Tamara James to attend the US Conference of Mayors 87th Annual Meeting in Honolulu, Hawaii, on June 27 - July 1, 2019 (Estimated cost$4,798.05) Request from Sherry Pecoraro, Utility Billing Specialist, to attend the Florida Association of Business Tax Officials (FABTO) Annual Education Conference in Orlando, Florida, on May 28- 31, 2019 (Estimated cost$1,173.86) Request from Muriel Bryan, Planner, to attend the Florida Planning and Zoning Association (FPZA) Annual State Conference in Key West, Florida, on June 4-7, 2019 (Estimated cost $1,150.90) Mayor Lewellen noted she wanted to address only the first Travel Request, which is a conference for mayors, not other elected officials. She had also wanted to attend the event; she is planning to attend, but she will be paying for the travel herself. Her proposal for herself is for the City to pay the registration fee, per diem and air-fair; the remainder she would pay. The other option is that she would pay for half of it with her stipend. She is concerned we would be the only City in Broward County that would be sending two representatives, and sending a Commissioner and paying the full amount. She felt only one person should be going. Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,April 9,2019—7:00 p.m. Vice-Mayor Odman addressed the request and noted this is not just for mayors, but for all elected officials. She is grateful the Mayor and Commissioner James have the time to go because she sees great value to this conference and the information it will provide. Commissioner James addressed the residents in the audience on the benefits of this conference. She provided travel amounts for everyone on the dais since January 1, 2017, and explained why she does not think her request is unreasonable. She questioned how the Mayor and a Commissioner can travel tomorrow without prior approval by the Commission. City Attorney Ansbro noted the travel policy is not addressed in the Charter or City ordinances; it is a City Commission policy. Commissioner James spoke of the Commission following transparent practices when submitting travel for approval. She asked for clarification on Mayor Lewellen's and Commission Harris' travel to Tallahassee without prior approval. City Manager Garcia commented about her first meeting as City Manager where she announced the proposed travel to Tallahassee; the matter is on the record where expenses incurred could be ratified at a future date. Commissioner James added no action was taken at the March 26ffi meeting by the Commission to approve the Tallahassee trip. City Attorney Ansbro noted the expenditures were not known during the discussion of the Tallahassee travel, but should be ratified by the Commission. Commissioner Brandimarte said she has no qualms about Commissioner James going to this conference as she would never say no to continuing education. Commissioner Harris noted he also would like to attend the conference and has looked at lower priced accommodations. He will pay his fair share of the airfare; it is visibility for the team to celebrate our new success with our logo. He asked to be allowed time to look at lower priced hotels so he can join Mayor Lewellen and Commissioner James as a unit. In addition, the Mayors Conference is sponsored by Airbnb and gives us the opportunity to speak to Airbnb officials first hand. Mayor Lewellen said the City would pay for the registration fee and the lodging, and the attendees would pay for their own airfare. The City should not pay for it all. Vice-Mayor Odman commented the back and forth about travel could be resolved by each commissioner being allotted an amount for travel, which could be discussed in the future budget. She felt even with handling travel this way, it should still be on the agenda for transparency. Commissioner Brandimarte felt we should leave the Commission travel policy as it is. She would not support not paying for a Commissioner to go to the conference. Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday,April 9,2019—7:00 p.m. Commissioner Brandimarte motioned to not change the current travel policy. The motion died for lack of a second. Commissioner James motioned to approve the Travel Requests; seconded by Commissioner Brandimarte. The motion carried on the following 4-1 Roll Call vote: Commissioner Brandimarte Yes Vice-Mayor Odman Yes Commissioner Harris Yes Mayor Lewellen No Commissioner James Yes 8. Bids and Requests for Proposals There were no proposals on this agenda. 9. Public Hearings and Site Plans 9.1 ORDINANCE#2019-004 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, TO AMEND CHAPTER 28, THE "LAND DEVELOPMENT CODE," OF THE CITY'S CODE OF ORDINANCES BY AMENDING PART 1 "USE REGULATIONS," ARTICLE 110 "USE REGULATIONS FOR COMMERCIAL AND MIXED-USE DISTRICTS," SECTION 110-20 "LIST OF PERMITTED, SPECIAL EXCEPTION AND PROHIBITED USES" TO AMEND THE SCHEDULE OF PERMITED USES; CREATING SECTION 110-320 "MOBILE FOOD VENDING CONDITIONS OF USE;" ARTICLE 115 "INDUSTRIAL DISTRICTS: PERMITTED, PROHIBITED, SPECIAL EXCEPTION USES, AND CONDITIONS OF USE," SECTION 115-40 "SCHEDULE OF PERMITTED USES" TO AMEND THE SCHEDULE OF PERMITTED USES; AMENDING PART 3 "SPECIAL ZONING DISTICTS," SUBPART 1, "COMMUNITY REDEVELOPMENT AREA (CRA) FORM-BASED ZONING DISTRICTS," ARTICLE 302 "DETAILED USE REGULATIONS," SECTION 302-10 "PERMITTED, SPECIAL EXCEPTION AND PROHIBITED USES" TO AMEND THE SCHEDULE OF PERMITTED USES; AMENDING PART 6 "DEVELOPMENT REVIEW PROCEDURES AND REQUIREMENTS," ARTICLE 675 "TEMPORARY USE AND SPECIAL EVENT PERMITS," TO PROVIDE FOR MOBILE FOOD VENDOR EVENTS; AND FURTHER AMENDING PART 7 "CODE ADMINISTRATION," ARTICLE 725 "DEFINITIONS," SECTION 725-30 "TERMS DEFINED" TO PROVIDE FOR MOBILE FOOD VENDORS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)(Continued from February 26,2019) City Attorney Ansbro read the title of Ordinance#2019-004. Corinne Lajoie, Planning & Zoning Manager, gave an overview of the text amendment concerning food trucks. Commissioner Brandimarte asked if food trucks at the marina are regulated. Planning & Zoning Manager Lajoie responded no mobile vendors are permitted at all in the City currently. Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,April 9,2019—7:00 p.m. Marc LaFerrier, Director of Community Development, noted the mobile vendors providing services to construction sites are not regulated by the City, but by the Health Department. Commissioner Brandimarte questioned if the mobile vendors are required to be licensed or if they apply. Community Development Director LaFerrier answered no, and restated this ordinance directly relates to food trucks. Planning &Zoning Manager Lajoie addressed the Planning& Zoning Board recommendations. Vice-Mayor Odman noted a tent sign is really needed by the vendors, and asked about the reasoning behind limiting the number of special events to eight per year. Director of Community Development LaFerrier explained the current allowance is four per year. Since this is a new ordinance, doubling the amount seemed appropriate and would still allow the ability to monitor the status. Vice-Mayor Odman requested to change the number of special events from 8 to 12 to allow for one event per month. Commissioner Harris asked if a business would be able to have a truck stop at their premises for lunch on the same day of a request to do so. Director of Community Development LaFerrier explained the intent is for allowance for the mobile food vendor, which is something we need to monitor to confirm the ordinance works well for vendors and constituents. Most cities do not allow this. Mayor Lewellen questioned the allowance of food truck locations. Director of Community Development LaFerrier clarified at food truck events, there could be multiple trucks. As a food truck vendor, only one truck is allowed, three consecutive days for three hours. Mayor Lewellen is concerned about the locations, and allowing it for two years; she suggested perhaps shortening the time period to one year. She does not want to take away from the local vendors. Commissioner Brandimarte asked about having trucks at IT Parker and if there could be two trucks there. Director of Community Development LaFerrier responded that particular scenario would be a different approval process. City parks and facilities would require routing through the Parks and Recreation Department, possibly resulting in a special event and would not be regulated under this ordinance. Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,April 9,2019—7:00 p.m. Vice-Mayor Odman noted 200 feet from an existing restaurant is pretty standard, and asked if an annual fee would have to be paid. She said she talked to food truck vendors and they have a hard time finding a place to be. She questioned if they are required to have insurance. Director of Community Development LaFerrier said there would be a fee; the amount has not been established as of yet. They would have to have all their licenses, and approval from the property owner. The vendor also has options for modifications to be made within the same year. He confirmed they would have to carry their own insurance. Commissioner James asked if permission from the property owner would have to be approved by Community Development and if there is a way to not be so restrictive, as this process eliminates being spontaneous. Director of Community Development LaFerrier responded permission would have to be part of the application documents submitted to the City. This ordinance would not allow for spontaneity; it is regulatory as proposed. He added first reading was intended to be more of a workshop moment to clarify the Commission's intentions. Mayor Lewellen asked how long the process would take for a rapid approval. Community Development Director LaFerrier felt the turnaround for a correctly completed application would be within 48 hours. City Manager Garcia questioned if we could do multiple trucks at IT Parker or at City Center at one time. Director of Community Development LaFerrier said the ordinance was geared towards vendors on private property. Public activities, particularly on public facilities, would require Parks and Recreation approval. Commissioner Brandimarte questioned what would be the biggest problem with the ordinance Director of Community Development LaFerrier responded the intent of the ordinance was to provide options, with regulations. He added other cities have not done anything like this. Commissioner Brandimarte noted she does not want to hurt our mom and pop restaurants with food trucks; we have to protect the people who have businesses. Mayor Lewellen opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Commissioner James motioned to continue Ordinance #2019-004 until the May 28, 2019 City Commission meeting at 7:00 p.m.; seconded by Vice-Mayor Odman. The motion carried unanimously. Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,April 9,2019—7:00 p.m. 9.2 ORDINANCE#2019-005 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, TO AMEND CHAPTER 13, "HEALTH AND SANITATION," OF THE CITY'S CODE OF ORDINANCES BY AMENDING ARTICLE VI"FOOD AND FOOD ESTABLISHMENTS,"TO ESTABLISH AND PROVIDE FOR STANDARDS AND REGULATIONS RELATED TO MOBILE FOOD VENDORS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)(Continued from February 26,2019) City Attorney Ansbro read the title of Ordinance #2019-005, and noted it was determined that amendments to Chapter 13 are not required and the item would be withdrawn. 10. Discussion and Possible Action 10.1 Program allowing homeless to pick up trash for minimum wage - Mayor Lewellen Mayor Lewellen described the program and noted she asked the City Manager to investigate such a program for Dania Beach. Commissioner Brandimarte said she wants to move all the homeless out of the City; she would not encourage this at all. She would favor to offer this to our children when they are out of school. Commissioner James noted she has concerns about liability and insurance, the brand and standard we are setting, and what kind of clothing they would be wearing if they are representing us. She is not sure how this will reduce the number of homeless if we are paying them; it will encourage more to come here. We should pay our interns if we are going to pay the homeless. Mayor Lewellen stated she wanted to make everyone aware that she asked the City Manager about a program; she is not asking for approval. She is trying to find creative ways of dealing with the problem. We should look into this to see what the options are and whether it is feasible or not. Commissioner Brandimarte does not like to have a sign out that the homeless are welcome here; she would never encourage this. Vice-Mayor Odman noted the specific program may not be a great thing, but investigating what other cities are doing would be a good thing. The Commission consensus was to look into how to address our specific homeless problem by looking into other cities' programs. 11. Commission Comments 11.1 Commissioner Brandimarte Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,April 9,2019—7:00 p.m. Commissioner Brandimarte had no comments. 11.2 Commissioner Harris Commissioner Harris reiterated for the public what the US Conference of Mayors meeting has to offer to the Commission. 11.3 Commissioner James Commissioner James noted she spoke to staff about an Easter egg hunt at Thomas Park on April 21 St. One day she wants one at all three parks. She questioned how to go about getting approval. City Manager Garcia commented whenever the Commission has a request, they should contact her. She noted a calendar of events would be adopted in the 2020 budget, and she is here to work with all of the Commission. Commissioner James said typically, she would not bring this up; the gentleman will work directly with Director Brown. This is a not-for-profit and for the kids. Mayor Lewellen asked if there is an issue with insurance. Commissioner James responded they would have to have a Certificate of Insurance to have bounce houses in the City parks; nothing would be allowed without the Parks and Recreation Director's approval. The Commission consensus was to allow the Easter Egg Hunt at CW Thomas Park on April 21, 2019. Commissioner James asked if the Commission is interested in attending a graduation ceremony at ASA College on August 9ffi, at 4:00 p.m. Commissioner James added she wants to make sure we are not missing the mark on the Super Bowl events. 11.4 Vice-Mayor Odman Vice-Mayor Odman had no comments. 11.5 Mayor Lewellen Mayor Lewellen spoke of the volunteer event, Women's Breast and Heart Initiative, which was held last Saturday at the SW Community Center. They had 49 volunteers from three counties and more volunteers will be here next week who will go door-to-door in a different part of the City. Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,April 9,2019—7:00 p.m. Mayor Lewellen spoke of a recent meeting with Sheriff Gregory Tony, who is planning to hold quarterly meetings with the cities' mayors. He is sending around a memo regarding various funding sources and grants, and there was discussion about School Resource Officers. 12. Appointments Commissioner Harris questioned whether some of the boards should be sunsetted, and whether they are supposed to report to the Commission. City Manager Garcia noted the idea of quarterly reporting is good; attendance and minutes should be taken at the board meetings and turned over to the City Clerk to be provided to the Commission. Discussion ensued regarding the boards' reporting. Commissioner Brandimarte questioned the Airport Advisory Board getting reports on the noise mitigation program and who is helping Melaleuca and the western part of the City. Marc LaFerrier, Director of Community Development, noted the Airport Advisory board meets more on a quarterly basis. The mission has changed from fighting the expansion, to the sound and mitigation program, and now to the Part 150 study. Commissioner Harris suggested maybe the Chamber of Commerce president could come in to report on new business openings. Commissioner Brandimarte asked if the Chamber implemented surveys in the hotels. Commissioner James suggested Mark Enbro, Deputy Director of the Airport, could report to the Commission. Mayor Lewellen recommended as long as we have an airport we should have a board, perhaps reducing the membership or meeting less frequently. 12.1 Airport Advisory Board 12.2 Parks, Recreation and Community Affairs Advisory Board There were no appointments at this meeting. 13. Administrative Reports 13.1 City Manager Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday,April 9,2019—7:00 p.m. City Manager Garcia noted a workshop has been scheduled to discuss the Parks & Recreation Master Plan on Thursday, April Wh from 10:30 a.m. to 1:00 p.m. Another workshop is scheduled on April 19, 2019 from 11:00 a.m. to 2:00 p.m. to discuss the Classification & Compensation Study and the Commission budget and travel. She added monthly business tax licenses will be provided to the Commission as part of the monthly key updates. 13.2 City Attorney City Attorney Ansbro noted a report from a structural engineer will be forthcoming on the Dania Beach Grill. A meeting is scheduled for tomorrow, and the Building Official may be compelled to determine the building is unsafe and must be vacated, which would be a last resort. Safety is our first priority. 13.3 City Clerk- Reminders Thursday, April 18, 2019— 10:30 a.m. City Commission Workshop—Parks & Recreation Master Plan Friday, April 19, 2019 - 11:00 a.m. City Commission Workshop - Class & Comp Study/Commission Budget Tuesday, May 14, 2019 - 5:30 p.m. CRA Board Meeting Tuesday, May 14, 2019 - 7:00 p.m. City Commission Meeting Tuesday, May 28, 2019 - 7:00 p.m. City Commission Meeting 14. Adjournment Mayor Lewellen adjourned the meeting at 9:20 p.m. ATTEST: O y CITY OF D lAj3EACK THOMAS SCHNEIDER, CMC '4el ®'y LE LLEN CITY CLERK SHE ORI LMAYOR Approved: May 14, 2019 Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,April 9,2019—7:00 p.m.