HomeMy WebLinkAbout2009-04-14 Regular City Commission Meeting MinutesVice-Mayor McElyea called the meeting to order at 7:00 p.m
Present:
Mayor:
Vice-Mayor:
Commissioners:
City Manager
City Attomey
City Clerk:
MINUTES OF REGULAR MEETING
DANIA BEACH CITY COMMISSION
TUESDAY, APRIL 14,2009 - 7:00 P.M.
Anne Castro
C.K. "Mac" McElyea
Bob Anton
Walter Duke
Albert C. Jones
Robert Baldwin
Thomas Ansbro
Louise Stilson
Reverend Gregory Pope, Bethel Missionary Baptist Church, gave the invocation followed by the
Pledge of Allegiance to the United States Flag.
3. Prescntations and Special livenl Apfirovals
Thcre were no prescntations on this agenda.
4. Proclamations
4.1 Poppy Days
City Attomey Ansbro read the Poppy Days proclamation and Mayor Castro presented i1 to
several representatives of the American Legion Auxiliary Unit 304.
Mayor Castro arrived at 7:07 p.m.
4.2 Volunteer Appreciation Week
City Attomey Ansbro read the Volunteer Appreciation Week proclamation.
I
l. Call to Order/Roll Call
2. lnvocation and Pledee of Allegiance
Jessie Bell Wanen, 33 SW 8th Avenue, commented on her neighbor's dog and a tree behind her
house. She presented photographs which are attached to and incorporated into these minutes.
Dick Sokol, 609 NW 101h Street, noted the Broward Sherifls Office will conduct the Special
Olympics on Saturday, April 18, from l2:00 p.m.-5:00 p.m., at the American Legion ["{all, to
benefit the children in our community.
Bobbie H. Grace, I l0 NW 8th Avenue, advised that C.W. Thomas Park is filthy after events on
Saturdays, and she has to clean it on Sunday momings. She suggested that the City ask for a
deposit when events are held at the park, and if they clean up, the fee would be retumed. Ms.
Grace noted the "Relay for Life" will be held at Frost Park on May 1-2, 2009 and thanked the
City for their generous contribution. She noted that a person is planning on opening a manual
memorial and she is his spokesperson. Ms. Grace commented on the pit bulls near Ms. Warren's
house.
David Optekar, 840 W. Dania Beach Boulevard, commented on the crime activity in his
community and asked for support for increased patrols in the area. He also requested
consideration to extend the route ofthe free community shuttle bus to his complex.
Mayor Castro advised Mr. Optekar to contact BSO Chief Peterson on the crime issue. She also
suggested he contact the City Manager or the Parks and Recreation Director on the shuttle bus
matter.
John Williamson, 4000 SW 76s Avenue, Davie, advised of the Dania Beach Fire Department
Open House on Saturday, April I 8, at Fire Station # I , from 10:00 a.m. to I :00 p.m. He noted the
proceeds will go to "Relay for Life". Mr. Williamson further requested a donation of $500-
$ I ,000 for the event.
Rose Lizana, 214 SE 2'd Street, noted the Kiwanis Club will have their annual fundraiser on
April 25th at the Hollywood Golf and Country Club on Johnson Street, Hollywood, starting at
8:00 a.m.
Teddy Bohanan,3l2 SW 15th Street, commented on the pain clinics that are opening in South
Florida. She suggested that people in Dania Beach take a drug test.
BSO Chief Donn Peterson commented on the perception of violent crime in Dania Beach. He
assured the Commission that they are investigating the incident mentioned earlier, and noted he
could not comment on it this evening.
Fire Chief Jack McCartt invited the Commission to participate in the Dunk Tank at the Fire
Department Open House on April 18, 2009.
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, April 14,2009 - 7:00 p.m
2
5. Citizen Comments
6. Public Safety Reporls
7. Consent Agenda
Ilems aclded to Consent Agenda: Item #7.4, Revised Resolution #2009-061
Items removed from Consenl Agenda: #7.3, #7,4, #7.5, #7.10, #7.1I
7.1 Minutes:
Approve minutes from March I 7, 2009 Organizational Meeling
Approve minutes from March 19, 2009 Abatement Hearing
Approve minutes from March24,2009 City Commission Meeting
Request from Louise Stilson, City Clerk, to attend the Florida Association of City Clerks Annual
Conference in Sanibel, Florida from June 28-July l, 2009 for certification purposes. (Estimated
cost $782.00; remaining budget $584.00)
Request from Michael Cassano, Deputy Fire Chief, Benjamin Rudbeck, Division Chief, iohn
Williamson, Fire Captain, and Joe Husosky, IS Technical Support, to attend the Telestaff
Soflware Implementation training in Irvine, Califomia from May 3-9, 2009 (Estimated cost
$3,775.00; remaining budget $4,394.00)
Resolutions
7.3 RESOLUTTON#2009-056
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, WAIVING COMPETITIVE BIDDING AND
ENGAGING ONLINE UTILITY EXCHANGE AND AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE AN AGREEMENT WITH THE COMPANY FOR CREDIT CHECK SERVICES IN COMPLIANCE
WITH THE ..RED FLAG,' RULE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE,
City Anomey Ansbro read the title of Resolution #2009-056.
Patty Varney, Director of Finance, explained the purpose of the Red Flag Rule at the request of
Commissioner Jones. She further noted that beginning May l, 2009, municipalities that provide
their citizens with utility services will be required to perform a credit check at the time ol the
application in order to comply with the Rule.
Commissioner Jones motioned to adopt Resolution #2009-056; seconded by Vice-Mayor
McElyea. The motion carried on the following 5-0 Roll Call vote:
Commissioner Anton
Commissioner Duke
Commissioner Jones
Vice-Mayor McElyea
Mayor Castro
Yes
Ycs
Ycs
3
Yes
Yes
1 .2 Travel Requests:
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, April 14,2009 - 7:00 p.m.
7.4 RESOLUTION#2009-061 Revised Resolution
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA RELATING
TO THE AWARD OF A CONTRACT TO MOLLOY BROS. INC,. A FLORIDA CORPORATION. FOR
DRAINAGE SYSTEM REPAIRS ASSOCIATED WITH THE MEADOWBROOK CONDOMINIUM. PHASES
IV AND V, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS, FOR A
SUM NOT TO EXCEED S54,115.27: PROVIDING FOR FUNDING; FURTHER, AUTHORIZING THE PROPER
CITY OFFICIALS TO ENTER INTO FTINDINC AGREEMENTS WITH THE TWO ASSOCIATIONS FOR
PHASES IV AND V, PERTATNING TO THE REPAIR WORK, WHICH AGREEMENTS OBLIGATE THE
TWO ASSOCIATIONS TO JOINTLY PAY ONE HALF OF THE CONTRACT COST: PROVIDING FOR
CONFLICTS: FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title ofrevised Resolution #2009-061.
Commissioner Jones requested clarification that the two Meadowbrook Associations would pay
hall the cost olthe $54,115.27.
City Attorney Ansbro responded that Ratph Viviano, President of Meadowbrook Lakes
Association, Phase IV, has declined for his association to pay their share ofthe cost.
Steven Sawyer, President of Meadowbrook Lakes Association, Phase V, noted that there is
nothing in the easement that obligates the association to pay for the repairs to the slorm\4,ater
system. He stated that their attomey advised that they should not pay.
City Attomey Ansbro confirmed that an easement was granted in 1981, however, the City never
adopted a resolution accepting the easement. Therefore, there is no responsibility for the City to
do the work. He felt the cost should be shared by the two associations and the City, since it
benefits directly the City and the associations. City Attomey Ansbro explained that the City
would pay 50Yo, and the other 50% would be shared by the two associations.
Mr. Sawyer asked how the easement was recorded and not accepted by the City.
City Attomey Ansbro noted this issue will not be resolved tonight since this matter will need to
be discussed in detail with their respective attorneys. He recommended to the Commission that
they should not pay for the repairs until the issue is resolved.
Vice-Mayor McElyea questioned if Winn Dixie was involved in this drainage issue. He
suggested there may be another party involved.
Dominic Orlando, Director of Public Services, indicated that any rainwater would flow to 3'd
Avenue.
Mr. Sawyer noted that four phases of Meadowbrook Lakes Condominium are affected. He
further stated that the pipes are all on private property.
Chickie Brandimarte, 101 SE 3'd Avenue, asked the Commission to table this request in order to
review the matter thoroughly. She questioned why it was never presented to their insurance
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, April 14,2009 7:00 p.m
1
company by the associations. Ms. Brandimarte also noted the hole is quite large, and if anyone
is hurt, their association would be sued.
Director Orlando noted this matter has been on his desk for years, and this is a safety issue. He
stressed the fact that the City benefits from the drainage. Director Orlando suggested the funding
could be addressed at a later date but something should be done as soon as possible. He said the
road could collapse any day and it should be shut down without delay.
Mayor Castro questioned if it was our responsibility, and if Meadowbrook should be taking
responsibility for their property. She thought we should not be putting barricades on the road
because this is not City property. Mayor Castro does not want to set a precedent, since there
could be other properties in the City that may face the same problem. She would like to table
this item until the next Commission meeting to allow some time for the attorneys to discuss the
issue.
Director Orlando responded for Mayor Castro that funding would be derived from the storm
fund, and this would not be a problem.
Commissioner Anton agreed to the 50/50 payment arrangement, but thought all interested parties
should assume responsibility. He suggested postponing this matter until the next Commission
meeting. Commissioner Anton would like all parties involved in the discussion, including Winn
Dixie.
Director Orlando noted these two pipes benefit Phases IV, Phase V, and the City; however, Winn
Dixie should do their own line.
City Attomey Ansbro noted Meadowbrook should take care of the safety of their residents. He
asked Mr. Sawyer to advise Mr. Viviano to have their attomeys contact him on this matter.
Commissioner Anton motioned to continue revised Resolution #2009-061 until the April 28,
2009 City Commission meeting at 7:00 p.m,; seconded by Commissioner Joncs. The
motion carried on the following 5-0 Roll Call vote:
Commissioner Anton
Commissioner Duke
Commissioner Jones
Vice-Mayor McElyea
Mayor Castro
Yes
Yes
Yes
Yes
Yes
7.5 RESOLUTION#2009-053
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, GRANTING
AN ACCESS EASEMENT TO STIRLING DESIGN LIMITED PARTNERSHIP FOR PROPERTY LOCATED
ON STTRLING ROAD, ADJACENT TO THE CITY PUBLIC SERVICES COMPOLTND TO ACCOMMODATE
REDEVELOPMENT BY STIRLING DESIGN LIMITED PAR,I-NERSHIP; PROVIDING FOR CONFLICTS,
FURTHER, PROVIDTNG FOR AN EFFECTIVE DATE,
City Attomey Ansbro read the title of Resolution #2009-053. He explained the request was
received from an attomey.
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, April 14, 2009 - 7:00 p,m
5
Dominic Orlando, Director of Public Services, noted this is not adjacent to the Public Services
facility. He clarified it is on the west side ofthe warehouses that are being constructed and the
property would be used for parking. Director Orlando indicated that they asked for the use ofthe
existing easement to meet their site plan approval.
Commissioner Duke asked if there was any discussion prior to considering the granting of an
"access easement" to the property owner. He noted that we should charge them for the use of
City property, since we are enhancing the value of their property.
Director Orlando noted they have been using the area for parking. He claritled we are nol giving
away our property we are only allowing them to use it for parking.
City Attomey Ansbro advised that they would be liable if anyone was injured.
Commissioner Duke suggested that in the future, when we grant this type ol request, we should
consider being paid for the use of City property.
City Attomey Ansbro noted he could contact the attomey to discuss possible compensation Io the
City before a decision is made on this matter.
Commissioner Jones motioned to continue Resolution #2009-053 until the April 28, 2009
City Commission meeting at 7:00 p.m.; seconded by Commissioner Anton. The motion
carried on the following 5-0 Roll Call vote:
Commissioner Anton
Commissioner Duke
Commissioner Jones
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, April I4,2009 7:00 p.m
Vice-Mayor McElyea
Mayor Castro
Yes
Yes
Ycs
Yes
Yes
7.6 RESOLUTION#2009-057
7.7 RESOLUTION#2009-058
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, DECLARING A 1995 FREIGHTLINER
RESCUE VEHICLE TO BE OBSOLETE, SURPLUS, AND OF NO FURTHER USE TO THE CITY OF DANIA
BEACH: DECLARING THE INTENT OF THE CITY TO DISPOSE OF SAME AT THE DIRECTION OF THE
CITY MANAGERI PROVIDING FOR CONFLICTSI FURTHER, PROVIDING FOR AN EFFECTIVE DATE,
7.8 RESOLUTTON#2009-059
6
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING PARTICIPATION IN AN
ASSISTANCE TO FIREFICHTERS MATCHING GRANT PROGRAM FUNDED THROUGH THE US
DEPARTMENT OF HOMELAND SECURITY FEDERAL EMERGENCY MANAGEMENT AGENCY;
AUTHORIZTNG THE EXECUTION OF ALL DOCUMENTS NECESSARY TO PARTICIPATE IN THE
GRANT; PROVIDING FOR FUNDING; PROVIDINC FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE,
A RESOLUTION OF THE CITY OF DANIA BEACH. FLORIDA AUTHORIZING THE APPROPRIATION OF
FLINDS IN CONNECTION WITH THE SW Ist AVENUE WATER MAIN REPLACEMENT I)ROJECT;
APPROVING THE PURCHASE FROM HD SUPPLY WATERWORKS, LTD. IN AN AMOUNT NOT TO
EXCEED $32,000.00; PROVIDING FOR CONFLICTS: FURTHER, PROVIDING FOR AN EFFECTM DATE.
7.9 RESOLUTTON#2009-052
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY
OFFICIALS TO EXECUTE AN AGREEMENT WITH THE MELLGREN PLANNINC GROUP, INC, TO
PROVIDE CONSULTING SERVICES TO THE CITY IN CONNECTION WITH THE PREPARATION OF THE
GRIFFIN ROAD CORRIDOR STUDY (ALSO KNOWN AS THE "WESTSIDE MASTER PLAN"), FOR AN
AMOLNT NOT TO EXCEED $137,284.00; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDINC FOR AN EFFECTIVE DATE.
7.10 ITESOLUTION#2009-055
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ACCEPTING A CONVEYANCE OF I-AND
BY DEED FROM RECONOR MIAMI, LLC, SUCH LAND BEING IDENTIFIED IN EXHIBIT '4" A'ITACHED
TO THIS RESOLUTION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDINC FOR AN EFFECTIVE
DATE.
City Attorney Ansbro noted this property is currently vacant and has code violations amounting
to $52,250.00. The applicant is witling to transfer ownership ol the parcel to the City if in
exchange we release the liens on the property. He advised that the property is not developable,
but could possibly be used as a park. City Attorney Ansbro added that the owners are in
Argentina and it is very difficult to communicate with them.
Dominic Orlando, Director of Public Services, noted we could build a Linear Park in the future
and he could relocate the water line.
Corinne Lajoie, AICP, Principal City Planner, noted the zoning is RD 8000, and is not
developable without variances.
Director Orlando advised the only future costs would be lot mowing
Commissioner Jones suggested the CRA Director look into the property to see if we could build
townhomes.
Commissioner Anton confirmed that the City would receive the property whether it is taken in
foreclosure or at tonight's meeting.
Commissioner Jones motioned to adopt Resolution #2009-055; seconded by Commissioner
Anton.
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, April 14,2009 7:00 p.m
7
City Attorney Ansbro read the title of Resolution #2009-055.
Commissioner Duke asked for clarification.
Mayor Castro noted this could be a good community garden park which would improve the
value ofthe entire neighborhood.
The motion carried on the following 5-0 Roll Call vote:
7.tt RESOLUTION#2009-060
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACII, FLORIDA
AUTHORIZING THE CITY MANAGER TO OBTAIN SECURITY SERVTCES FOR THE DANIA BEACH
MARINA FROM STATEWIDE ENTERPRISES, WITHOUT COMPETITIVE BIDDINC AND WITHOUI'
ADVERTISEMENT FOR BIDS FOR A SUM NOT TO EXCEED $3I.537.00 FOR A StX MON'IH PERIOD:
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
City Attomey Ansbro read the title olResolution #2009-060
Colin Donnelly, Assistant City Manager, explained that we are extending the existing security
services contract with Statewide Enterprises because they are a local, reliable, solid company.
He noted that FAU approached us to share securily services which represents significant savings
for the City, and we are now in the process of coordinating the details. Assistant City Manager
Donnelly recommended continuing with Statewide Enterprises for security services for the
Marina.
Commissioner Anton motioned to adopt Resolution #2009-060; seconded by Commissioner
Duke. The motion carried on the following 5-0 Roll Call vote:
Commissioner Anton
Commissioner Duke
Commissioner Jones
Commissioner Anton
Commissioner Duke
Commissioner Jones
Vice-Mayor McElyca
Mayor Castro
Vicc-Mayor McElye a
Mavor Castro
Vice-Mayor McElyea
Mayor Castro
Yes
Yes
Yes
Yes
Yes
Yes
Ycs
Yes
Yes
Yes
Commissioner Anton motioned to adopt the Consent Agenda, with the exception of Items
#7.3,#7.4,#7.5,#7.10,, and #7.11; seconded by Commissioner Duke. The motion carried on
the following 5-0 Roll Call vote:
Ycs
Yes
8. Bids and Requests for Proposals
There were no proposals on this agenda
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, April 14,2009 - 7:00 p.m
8
Commissioner Anton
Commissioner Duke
Commissioner Jones
Yes
Yes
Yes
9. Public Hearings and Site Plans
9.1 oRDINANCE#2009-006
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLOzuDA, AMENDING THE CITY CODE OF
ORDINANCES; AMENDING CHAPTER 28, "ZONING," BY CREATINC SECTION 21.22 ENTITLED..DESIGN VARIATIONS" TO ENCOURAGE DEVELOPMENT THAT IS CONSISTENT WITH THE
RECOMMENDATIONS OF THE ADOPTED COMMUNITY REDEVELOPMENT AREA PLANI PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDINC FOR AN EFFECTIVE
DATE, (SECOND READING)
City Attomey Ansbro read the title of Ordinance #2009-006. He noted that the Consultant,
Mellgren Planning Group, requested a continuance until the May 12,2009 City Commission
meeting.
Commissioner Anton
Commissioner Duke
Commissioner .Iones
Yes
Yes
Yes
Vice-Mayor McElyea
Mayor Castro
Yes
Yes
9.2 RESOLUTION#2009-050
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN ITEQUEST
(SP-04-09) SUBMITTED BY THE CITY OF DANIA BEACH, FOR PROPERTY LOCATED AT J24 WEST
DIXIE HIGHWAY (GENERALLY LOCATED ON THE EAST SIDE OF SW 4TH AVENUE, NORTH OF WEST
DIXIE HIGHWAY), IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE,
City Attomey Ansbro read the title of Resolution #2009-050 and Resolution #2009-051 because
they are companion resolutions.
Kristin Dion, City Planner, advised the requests are tbr the City of Dania Beach to construcl a
mausoleum in both City cemeteries. She explained the location ofthe cemeteries and added that
solar lighting is being provided by the consultant at no additional cost to the City. Ms. Dion
noted that the Planning and Zoning Board, as well as staflf, recommended approval of the
requests.
Mayor Castro opened the Public Hearings. Seeing as there was no one to speak in favor or
opposition, she closed the Public Hearings.
Commissioner Jones clarified with Director Orlando that we would soon stop selling plots to
make sure we have enough space for the mausoleums.
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, April 14,2009 - 7:00 p.m
9
Mayor Castro opened the Public Hearing. Seeing as there was no one to speak in favor or
opposition, she closed the Public Hearing.
Commissioner Anton motioned to continue Ordinance #2009-006 until the May 12, 2009
City Commission meeting at 7:00 p,m.; seconded by Commissioner Jones. The motion
carried on the following 5-0 Roll Call vote:
Commissioner Jones motioned to adopt Resolution #2009-050; seconded by Commissioncr
Anton. The motion carried on the following 5-0 Roll CaIl vote:
Commissioner Anton
Commissione r Duke
Commissioner Jones
Yes
Yes
Yes
Vice-Mayor McElyea
Mayor Castro
Vice-Mayor McElyea
Mayor Castro
Yes
Yes
Yes
Yes
9.3 RESOLUTTON#2009-051
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST
(SP-03-09) SUBMITTED BY THE CITY OF DANIA BEACH, FOR PROPERTY LOCATED AT I25I SW I2TH
AVENUE (CENERALLY LOCATED ON THE WEST SIDE OF PHIPPEN-WAITERS ROAD), IN THE CITY
OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDTNG FOR AN
EFFECTIVE DATE.
Commissioner Anton motioned to adopt Resolution #2009-051; secondcd by Commissioner
Jones. The motion carried on the following 5-0 Roll Call vote:
Yes
Yes
Yes
City Attomey Ansbro advised the following item was a quasi-judicial matter and swore-in those
who would speak. He asked the Commission to disclose any communication they had on this
matter.
9.4 RESOLUTTON#2009-049
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING VARIANCE REQUESTS
SUBMITTED BY MARK ENCEL, ARCHITECT, REPRESENTING THE BROWARD CHILDREN'S CENTER
SUPPORTING FOTJNDATION, INC., FROM CHAPTER 28, "ZONING" AND CHAPTER 26, "VEGETATION",
FOR PROPERTY LOCATED AT 389I STIRLING ROAD, IN THE CITY OF DANIA BEACHi PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution #2009-049
Corinne Lajoie, AICP, Principal City Planner, explained the location ofthe property. She noted
that the applicant is requesting variances to convert a commercial property into a children's
daycare center. They would be providing bus transportation hence reducing the need for
parking. Ms. Lajoie indicated a playground would be added at the rear ofthe building and they
are also providing shade trees as opposed to palm trees. The Planning and Zoning Board
recommended approval of the variance requests. She noted that staff is also recommending
approval provided staff comments are addressed.
Mark Engel, Engel and Associates, representing the applicant, noted they have been looking for
a location in this area for about two years, in order to bring their services further south in
Broward County.
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, April 14,2009 7:00 p.m
l0
Commissioner Anton
Commissioner Duke
Commissioner Jones
Jackie Mogavero, Operations Officer for the Broward Children's Center, noted they specialize in
helping infants, children, and young adults with special health care needs.
Mayor Castro opened the Public Hearing.
Patty Hart, 517 NE 2nd Place, Dania Beach, spoke in favor ofthe request.
Seeing as there was no one else to speak in favor or opposition, Mayor Castro closed the Public
Hearing.
Commissioner Anton
Commissioner Duke
Commissioner Jones
Yes
Yes
Yes
Yes
Yes
Yes
Vice-Mayor McElyea
Mayor Castro
Yes
Yes
10.1 Appointment of Director, Altemate, and Second Alternate to attend and vote a1 any
Board of Director or General Membership meeting for the Broward League of Cities
- Mayor Castro
Commissioner Anton motioncd to appoint Commissioner Jones as the Director; seconded
by Vice-Mayor McElyea. The motion carried on the following 5-0 Rotl Call vote:
Commissioner Anton
Commissioner Duke
Commissioncr Jones
Vice-Mayor McElyea Yes
Mayor Castro Yes
10.2 Beach Watch Restaurant sale of alcoholic beverages for Cancun Sunset Festival -City
Attomey Ansbro
City Attomey Ansbro noted that the Beach Watch tenants have requested permission to allow the
sale of alcoholic beverages at the beach. He advised that the current lease allows l2 special
events per year and this is their first request. City Attorney Ansbro indicated that the
Commission is not obligated to approve the request. He further advised that parking
arrangements can be made with Dania Jai Alai.
Elizabeth Stork, on behalf of the Beach Watch restaurant, noted that people would carpool, but
they have made arrangements with FAU for parking as well. She indicated that the event would
be held on a Sunday afternoon.
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, April 14,2009 7:00 p.m
il
Commissioner Duke motioned to adopt Resolution #2009-049; secondcd by Commissioncr
Anton. The motion carried on the following 5-0 Roll Call vote:
10. Discussion and Possible Action
Commissioner Duke confirmed with City Attomey Ansbro that the Beach Watch tenants are in
compliance with the lease requirements.
Aubrey Shirley, event coordinator, noted they originally wanted to have the event on Memorial
weekend but City staff did not agree to this date. He advised they would provide insurance, hire
BSO deputies and a lifeguard. Mr. Shirley confirmed for City Attorney Ansbro that they would
only sell a maximum of 350 tickets for the event.
Vice-Mayor McElyea molioned to deny the requcst. 'I'he motion failed lbr lack of a second
Mayor Castro asked Ms. Stork if the business was for sale.
Ms. Stork responded no
Commissioner Jones noted they have not been cooperative in the past and remarked that he
would like something more concrete.
Commissioner Jones motioned to allow the sale of alcoholic beverages for the Cancun
Sunset Festival to bc held on a Sunday from l:00 p.m. - 9:00 p,m., provided the applicants
provide the required audit documentsl seconded by Commissioner Duke,
City Attomey Ansbro asked Ms. Stork 1o make arrangements to meet with him, Finance Director
Vamey and a CPA, during the week beginning April 20, to discuss the audit lor the past lease
y9ar.
BSO Chief Peterson was concemed with the 350 people attending the evenl. He asked if this
was a promoted event, which could draw more people.
Mr. Shirley confirmed they are promoters for the company Top Shelf Events
The motion carried on the following 3-2 Roll Call vote:
Yes
No
Yes
Vice-Mayor McElyea
Mayor Castro
No
Yes
10.3 Creation of new Charter Review Board - Commissioner Duke
Commissioner Duke thought it was time to establish a new committee.
Mayor Castro noted she looked at the draft resolution and said that she would like a different
concept this time. She asked the City Attomey for altematives to the appointments to the Board,
such as ICMA or the John Daley School of Government, to provide direction and support lor the
members. Mayor Castro suggested stronger language than what is in the proposed resolution.
She favored the creation of a Charter Review Board.
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, April 14,2009 - 7:00 p.m
t2
Commissioner Anton
Commissioner Duke
Commissioner Jones
Commissioner Jones noted he was a member of the last Charter Review Board and their
recommendations fell on deaf ears. He suggested contacting FAU or FIU lor advice.
Commissioner Jones supported a Charter Review Board.
City Manager Baldwin noted there are experts that can help the City with this matter.
Commissioner Duke will bring a proposal forward for consideration.
10.4 Discussion and approval of deposit requirements and policy in compliance with the
Red Flag Rule, effective May 1,2009 - Finance Director Vamey
Patty Varney, Director of Finance, noted that under Item #7.3 lhe Commission approved the
contract with On-Line Utility Exchange for credit check services. She further explained that if
the policy is approved, a resolution will be brought forward at the next Commission meeting
setting deposit requirements and application fees lbr water and sewer services. She provided an
overview ofthe policy which was provided in the back-up material.
Commissioner Duke clarified with Director Vamey that implementing these deposit
requirements would not generate any additional revenue but would allow a better way to keep
collection records.
It was the consensus of the Commission to adopt the Red Flag Rule Policy.
10.5 Discussion of charging for transient vessels at the Marina - Assistant City Manager
Donnelly
Commissioner Duke noted that Harbour Towne Marina is almost at
commented that ifa marina is run correctly we can get a full occupancy.
full capacity. He
The Commission generally agreed that we need to upgrade the Marina and its services.
Commissioner Duke requested the Marine Advisory Board get involved in this process
Minules of Regular Meeting
Dania Beach City Commission
Tuesday. April 14.2009 ?:00 p.m.
13
Colin Donnelly, Assistanl City Manager, noted with the downturn in the economy, we have seen
a decrease in revenue at the Marina. He advised that the Finance Department is predicting a
$70,000 loss in revenue for the Marina Fund. Assistant City Manager Donnelly suggested
charging transient vessels a rate of $50 per day.
Assistant City Manager Donnelly noted that for transient vessels they plan to implement the
same policies and procedures that are currently in place, including an agreement, insurance, etc.
City Manager Baldwin noted we need to look at ways to raise revenues other than the Marina.
He commented staff will be bringing forward some recommendations lor the upcoming Budget
year.
Mayor Castro suggested including the amenities in the advertisement for transient vessels, which
would encourage people to come and keep their boats at the Dania Beach Marina for a few days.
It was the consensus ofthe Commission to charge $50 per day for transient vessels at the Marina
I l. Commission Commcnts
11.1 CommissioncrAnton
Commissioner Anton asked for an update on the SW 40s Avenue issue.
Dominic Orlando, Public Services Director, advised that SW 40th Avenue has serious problems.
He indicated they are awaiting a response from Broward County on this matter.
City Auomey Ansbro noted he will contact the County Attomey and report back to the
Commission.
11.2 Commissioner Duke
Commissioner Duke noted he met with Airport Counsel Neal McAliley, and feels confident that
he is the right person for the job.
Commissioner Duke thanked Dominic Orlando, I.eo Williams and the Public Services staff fbr
taking care of a resident's problem recently.
Commissioner Duke noted he spoke with Joe Husosky, Information Systems, regarding
webcasting our meetings, and tonight we started a one week free trial period. He indicated that
we will be broadcasting on a permanent basis.
I 1.3 Commissioner Jones
Commissioner Jones asked for the progress on the Free Prescription Drug Program offered by
the National League of Cities.
Commissioner Jones questioned the status of the Library bid award.
Dominic Orlando noted the Bid Committee conducted inlerviews today and selected Walker
Design Construction/Kenneth Carlson Architects.
Commissioner Jones commented on the recent killings. He asked if we could have a dialogue
session with citizens for discussion on what can be done. Commissioner Jones noted that BSO
would be included in the discussions. He suggested Wednesday, April 22 or Monday, Apr,l 27
at 7:00 p.m. at C.W. Thomas Park, as possible dates.
t1Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, April 14,2009 7:00 p.m.
Mayor Castro suggested two meetings, one at City Hall and one at P.J. Meli Park, and suggested
that both meetings should be publicly noticed.
Commissioner Jones will take the lead on this issue
Commissioner Jones requested a report for all contracts which are over three years old.
Commissioner Jones asked about obtaining grants/funding through the Neighborhood
Stabilization Program (NSP).
Colin Donnelly, Assistant City Manager, noted we are lumped in with Broward County, and they
are currently reviewing their RFP's. He indicated that we gave the County a preliminary list of
9-11 properties to review. Assistant City Manager Donnelly advised that he is working with
Nick Lupo, Code Compliance Manager, on loreclosure properties. He stated he would bring a
recommendation at the next meeting.
Assistant City Manager Donnelly responded to the Prescription Drug Program previously
mentioned by Commissioner Jones. He said it was a good program and requested permission to
move forward.
It was the consensus of the Commission to move forward with the Program.
City Manager Baldwin advised that his office is trying to obtain support from Representative
Debbie Wasserman-Schultz as well as Senator Bill Nelson, regarding federal budget
appropriations.
Commissioner Jones noted he would like the Linear Park on 5th Avenue designed in such a way
that there is no flooding. He commented that to accomplish that we need to look at 7th and l0th
Streets as well.
Dominic Orlando, Director of Public Services, noted that the suggested design will be a sidewalk
with curb and gutter adj acent to 5th Avenue. He advised that the trees have been cut and will be
replaced with equal trees. Director Orlando indicated that the storm drainage project is being
designed and will be presented to the Commission when it is ready. Director Orlando further
explained the possible solutions to avoid flooding in the area.
1 1.4 Vice-Mayor McElyea
Vice-Mayor McElyea complimented Director Orlando on taking care of the water pressure rssue
at his property.
Vice-Mayor McElyea invited City Manager Baldwin to walk around town with him
I 1 .5 Mayor Castro
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, April 14,2009 ?:00 p.m
15
Mayor Castro noted that residents in the Ocean Waterway Mobile Home Park are complaining
about the dust from nearby construction. She indicated that Principal City Planner Corinne
Lajoie would contact Broward Commerce to find a temporary solution to eliminate the dirt f'low
into the Park.
Mayor Castro noted we must try to enhance Federal Highway to make it look better. She
thought we could work with the School Board and other government agencies to improve their
appearance.
Mayor Castro noted the Marina Mile Association had asked some of the cities in the area around
State Road 84 to remove Sea Grapes from the median because they do not enhance the business
community. She noted we need to work with the other cities in this area so that people can see
businesses on both sides of the street.
Mayor Castro talked about the recent pedestrian vehicle accidents on Griffin Road. She spoke
with BSO Chief Peterson about a plan to try to slow traffic down, such as a crossing light in that
area. Mayor Castro remarked we need to revisit the red light camera issue in this area. She
requested consensus for the City Attomey to track down the red light ordinances, working in
conjunction with the City Manager, and provide a report to the Commission. Mayor Castro
noted we must find a way to saleguard our residents.
Kristen Jones, Director ofParks and Recreation, clarified for the record that the windows at []rost
Park are high impact and they are already tinted. She further explained that a lady who attends
the Jazzercise classes asked for a dark tint. Director Jones noted that this would create a security
issue and did not support the idea.
Mayor Castro noted our Park Impact Fees are tremendously high and we are very limited with
their use. She requested a report on other cities' Park Impact Fees, and suggested we consider
reducing these fees and put the difference in streetscapes or pocket parks. Lastly, Mayor Castro
asked if we could change the verbiage for Park Impact Fees in a way that would enable us to use
them to acquire park property and maintain parks.
Corinne Lajoie, AICP, Principal Planner, noted the requirement for public parks is required for
development. The formula calculates how fees are determined and is based on the value of the
land.
Mayor Castro asked the City Attomey, CRA Director and Ms. Lajoie, to re-evaluate the situation
with Park Impact Fees.
Commissioner Jones commented on a two and a half acre property that is lor sale and is located
south of Westlawn Cemetery, north of the College Gardens Apartments. He asked if we would
consider purchasing it.
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, April 14, 2009 7:00 p.m
l6
Commissioner Duke motioned to donate $500 for the Fire Department Open House,
seconded by Commissioner Jones. The motion carried unanimously.
12. Appointments
Aimort Advisory Board:
Mayor Castro reappointed Dick Sokol, Betty Sokol and Rae Sandler.
Civil Service Board:
Commissioner Anton suggested we reappoint the same people, provided they are willing to
continue serving on the Board.
General Employees Pension Board:
Commissioner Anton appointed Mayor Anne Castro as the Commission Representative. He
reappointed Pat Rafacz as one ofthe residents on the Board.
Green Advisory Board:
Mayor Castro appointed William Walton
Marine Advisory Board:
Commissioner Duke appointed James Reckert and Timothy Scanlon
Mayor Castro appointed Chris Arutt.
Nuisance Abatement Board
Commissioner Anton reappointed Mike Talotta
Vice-Mayor McElyea appointed Tim McLeod.
Parks. Recreation and Communitr" Aflairs Advisorv Board:
Plannins & Zonins Board:
Commissioner Duke appointed Tim Pribisco
Mayor Castro appointed Derrick Hankerson.
Police and Fire Pension Board:
Mayor Castro appointed Commissioner Anton as the Commission Representative.
The three current Commission appointees were reappointed.
17
Commissioner Duke appointed Tim Pelotte.
Vice-Mayor McElyea appointed Debra McElyea.
Mayor Castro reappointed Jimmy Peterman.
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, April 14.2009 7:00 p.m.
Commissioner Anton motioned to approve the Board appointments; seconded by
Commissioner Jones. The motion carried unanimously.
City Manager Baldwin thanked the Commission for the welcome he has received. He noted he
would be bringing budget projections for Commission consideration, within the next few weeks.
City Manager Baldwin advised that we have received several good applications for the
Community Development Director position. He noted we would try to find the best professional
that we can for this position.
City Manager Baldwin noted that Nick Lupo, Code Compliance Manager, has been working on
improvements to the Code Compliance Unit and he will soon be bringing his recommendations
to the Commission.
City Manager Baldwin advised that the Adopt-A-Street staff has requested permission to perform
a beach clean-up on Tuesday, April 2l't. He indicated that they would supply all the materials
and volunteers and the City would only be responsible for removal of the garbage bags.
Mayor Castro motioned to approve the beach clean-up; seconded by Commissioner Jones,
The motion carried unanimously.
13.2 City Attomey
City Attorney Ansbro had no comments.
13.3 City Clerk - Reminders
Tuesday, April 28, 2009 - 7:00 p.m.
Wednesday, May 6,2009 - 6:00 p.m
Tuesday, May 12,2009 - 7:00 p.m.
Thursday, May 21,2009 - 6:00 p.m.
Tuesday, May 26,2009 - 7:00 p.m.
14. Adioumment
Mayor Castro adjourned the meeting at I 0:1 7 p.m
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, April 14,2009 - 7:00 p.m
City Commission Meeting
CRA Board Meeting
City Commission Meeting
Abatement Hearing
City Commission Meeting
I 3. Administrative Rcports
13. I City Manager
18
ATTEST: na\*dUaS CITY OF DANIA BEACH
0,"".,,.^ Cr,h-e
LOUISE STILSON, CMC
CITY CLERK
Approved: May 12,2009
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, April 14,2009 7:00 p.m.
ANNE CASTRO
MAYOR-COMMISSIONER
€-
-:ryr*
r-
l9
AT REGULAR OR SPECIAL CITY CO\4MISSION 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 Ciry Clerk, before the meeting begins.
i.\
DA'fE OF COMMISSION MEITTING 200
PRI}iT N,AME:T;q-
ADDRISS:J3
PLEASE CHECK ONE OR BOTH OF TIIE BOXES BELOWi . u/ ,/
^lrtV :.: V/ ctTzENCoMMENTS:
Comments by Dania Beach citizens or interesled parties that are not part of the regular printed aBenda may be made during each
Cornmission meeting during the period set aside for "Citizen Comments." A thirty (30) minute "Citizen Cornrnents" period shall
be desigrEted on the agenda for citizens and interested persons to speak on matters not schedulcd on that day's agenda. The
citizen comments' period shall begin promptly at 7:30 PM. Each speaker shall be limiled to 3 minutes for his or her cornmsnts
Pe.sons desirilg to speak during the citizen comment period shall inform the Ciiy Clerk irffnediately p or to the beginnmg ofthe
meeting of rheir intention to speak. lf more than l0 speakers express a desire to speak, thc Commrssion shall determine on a
meeting by meeting basis whether to (a) exlend the time allotted for citizen cornrnents 1o accommodate all speakers, or (b)
whether to linut the number of speakcrs or amount of time per speaker. A speaker's time shall not be transferable lo another
speaker.
PLEASE BRIEFLY DESCRIBE THE SUBJECT MATTER OF YOUR COMMENT:
1^s
lrJ
2) i-i PLIBLIC HEARINGS - ITEM #- (AS PRINTED ON AGENDA)
ANY PERSON WHO DECIDES TO APPEAL AN'Y DECISION MADE BY TITE CITY COMMISSION WITH REGARD TO ANY MATTER
COh*SIDERED AT THIS MEETING OR HEARINC 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 l'HE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
Fu.esE Norr, IF you \\rsH To sPEAK oN AN ITEM THAT PERTATN-s ro A'zoNNc" TyPE oF MATTER (FoR ExAMP LE. A
SITE PLAN, VARIANCE, SPECIAL EXCEPTION OR SIMILAR TYPE OF ITEM KNOWN AS A 'QUASI-JTIDICIAL'' MATTER. YOU
ARE ST]BJECT TO BEING ASKID TO SWEAR OR AFFIRM THAT YOU WILL BE TRUTHFUL AS 'IO YOUR COMMENTS OR
TESTIMONY. YOU MAY ALSO BE SLtsJECT TO QUESTIONS ASK-ED OF YOU BY AN APPLICAT\-T OR AN AIPLICANT'S
REPRFSEN'IATryE OR ATTORNEY WHICH RELATE TO THE ITEM
LOBBYIST REGISIRATION REQUIRED . REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY
PERSON, IJIRM OR CORPORATION IS BEING PAID TO LOBBY ANY CITY COMMISSiONER ON ANY MATTER OR ISSUE
PURSUANT TO CITY ORDINANCE NO, 0I.93, REGISTRATION FORMS AND COPIES OF THE ORDINANCE ARE AVAILABLE IN
THE CITY CLERK'S OFFICE AT CITY HALL,
C {genoa Pl BI l( SPI AKINC FORM doc
FORM FOR ADDRESSING CITY COMMISSION
PHONE NO. (optional):
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FOR.\] FOR ADDRESSING CITY CL]MMISSION
A1 RECULAR C]R SPEC:L{L CITY CON4MISSION MEETINGS
The Crty is requrred by state law to keep mrnutes of Crry Commlsslon meetlngs. To properil rdentrf,
persons who address the Crty Commrssron 1n those muutes, the City requests that thrs form be completed
and provided to the Crty Cierk, before the meeting begrns.
DATEoF coMMISSIoNMEETING, 4- //-G,z0oA*
PRINTNAME /c
.IDDRE,SS 0 /u- a.C
a
PIIONE NO. (optronal)
I,[,EAS]' CHECI{ ONE OR BOTI{ OF TI{T. BOXES BEI-OW
1) l.r _CITZENCOMMENTS:
Cotfnents by Danla Beach citlzers or nteresled pafiies that are not part of the regular prrnted agenda may be made dunDg each
Collurrisslon meeting durutg the penod set asrde lor "Crtizen Comments " A thirty (30) minute "Crtrzen Comments" penod shail
be designaled on the agenda for crtizens and mterested persons to speak on rnatters Dot scheduled oD that da.y's agenda The
crtizen cofiunents' penod shalJ begin promptly at ? 30 PM Each speaker shall be llmted to 3 minutes for hrs or her cortunents
Persons desring to speak during the crtlze! comnent period shdl r'nform the Cfty Clerk unmedlately prior to the begindng of the
meetrng of their iDtenuon to speak If more than 1 0 speakers express a desrre to speak, the Commjssron shall detemiDe on a
meetng by meeting basis whether to (a) extend the tr]:1]e allotted for criizen comaents to accommodate all speakers, or (b)
whether to lfunt the number of speakers or amount of time per speaker A speaker's tlme shall not be haosferable to arother
speaker.
7')l PLBL]C HEAR]NGS ITEM #(AS PRTNTED ONAGENDA)
PLEASE NOTE IF YOU WISH TO SPEAK ON AN ITEM THAT PERTAINS TO A "ZONING" TYPE OF MATTER (FOR EXAM?LE, A
SITE TLAN, VAX]ANCE, SPECIAL EXCEPTION OR SIMILAR TY?E OF ITEM KNOWN AS A "QUASI.JT'DICIAL" MATTER, YOU
ARtr SUB]ECT TO BEING ASKED TO SWEAR OR AI.]FIRM THAT YOU WILL BE TRUTHFUL AS TO YOTIR COMMENTS OR
TESTIMONY YOU MAY ALSO BE SUB]ECT TO QUESTIONS ASKED OI YOU BY AN A}TLICANT O!. AN APPLICA.NT'S
REPRESENTATIVts OR ATTORNEY WHICH RELATE TO THE ITtsM
ANY PERSON WHO DECIDES TO ATPEAL ANY DECISION MADE BY TIIE CITY COMMISSION 14ITH REGAi-D TO ANY \ITTTER
CONSIDERED AT THIS MEEIfNG OR HEAR]NG WILL NEED A I.ECORD OF THE PROCEEDINGS, AND TOR SUCH PUR}OSEMAY
NEED TO ENSURE TITAT A VERBATM FICORD OF TIIE PROCEEDINGS IS MADE WHICH RECORD ]I.{CLUDES Tf{E
TESTIMOIry AND EVIDENCE L]PON WHICH THE APPEAL IS TO BE BASED
LOBBYIST RTGISTRATION REQIJIRED , R-EGISTR-{TION AS A LOBB\'IST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY
PERSON, FIRM OR CORTORATION ]S BEI.IG PA]D TO LOBBY ANY CITY COMMISSIONER ON ANY MATTER OR ISSUE
PLIRSUANT TO CITY ORDII'iANCE NO. 01-93. REGISTRATION FORMS AND COPIES OF THE ORDINANCE AB! AVAILABLE nl.I]]E CITY CLERK'S OiFICE AT CITY HALL
G:\,a.sen d awUB LIC SPEAKINC FORM dcc
PLEASE BR]EFLY DESCRIBE THE SUB.]ECT \4A1-TER OF YOUR COMMENT:
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