HomeMy WebLinkAbout2005-03-22 Regular City Commission Meeting Minutes MINUTES OF REGULAR MEETING
DANIA BEACH CITY COMMISSION
TUESDAY, MARCH 22, 2005 - 7:00 P.M.
1. Call to Order
Mayor Castro called the meeting to order at 7:00 p.m.
City Manager Pato advised former Public Services Director Michael Sheridan passed away
yesterday morning at the age of 43 from a heart attack.
2. Invocation and Pledge of Allegiance
Gary Garofalo, Chaplain, American Legion Post 304 and the Dania Beach Lions Club, gave the
invocation and all remained standing for the Pledge of Allegiance to the United States Flag.
3. Roll Call
® Present:
Mayor: Anne Castro
Vice-Mayor: Patricia Flury
Commissioners: Bob Anton
C.K. McElyea
City Manager: Ivan Pato
City Attorney: Thomas Ansbro
City Clerk: Louise Stilson
Absent:
Commissioner: John Bertino
Commissioner McElyea motioned to excuse John Bertino; seconded by Vice-Mayor Flury
The motion carried on the following 4-0 Roll Call vote:
Commissioner Anton Yes Vice-Mayor Flury Yes
Commissioner Bertino Absent Mayor Castro Yes
Commissioner McElyea Yes
4. Presentations and Special Event Approvals
4.1 Certificate of Achievement for Excellence in Financial Reporting presented to
Finance Director Patricia Varney, for the Comprehensive Annual Financial Report for
the Fiscal Year ending September 30, 2003.
City Manager Pato presented Finance Director Patricia Varney an award from the Florida
Government Finance Officers Association for excellence in financial reporting. He noted this is
the second year Ms. Varney has brought us this honor.
Ms. Varney thanked the Commission, City Manager, Department Heads, and all her staff for
helping her to achieve this award. This is the first year we implemented GASB 34 and she is
very grateful to everybody.
4.2 Presentation by Bonnie Temchuk, Assistant to the City Manager, on Grant
acquisition.
Bonnie Temchuk, Assistant to the City Manager, advised we have been awarded a $191,501
Grant to provide a Summer Camp at three City Parks. We will provide reading and math,
physical activities, swimming lessons, cooking, computer classes, and we will bring in two new
components, Junior Achievement and Cultural Enrichment. She advised the program would take
care of 225 children for the entire summer, including breakfast, lunch and two snacks.
4.3 Moskowitz, Mandell, Salim & Simowitz, P.A. —CRA Consultants
City Manager Pato advised we would like to hire the firm of Moskowitz, Mandell, Salim &
Simowitz to be our CRA Consultants. He noted we have two projects submitted to the County,
one infrastructure project and one acquisition, that need attention and follow-up. He asked for
support from the Commission on his recommendation.
Commissioner Anton motioned to approve Moskowitz, Mandell, Salim & Simowitz. P.A.,
as the CRA Consultants; seconded by Commissioner McElyea. The motion carried on the
following 4-0 Roll Call vote:
Commissioner Anton Yes Vice-Mayor Flury Yes
Commissioner Bertino Absent Mayor Castro Yes
Commissioner McElyea Yes
5. Proclamations
There were no proclamations at this meeting.
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Tuesday,March 22,2005—7:00 p.m.
6. Citizen Comments
Vivek Golikeri, 301 SE 3`d Street, Dania Beach, spoke on the issue of the airport. He suggested
we go on the offense and ask the Environmental Protection Agency to conduct a study on the
noise and pollution. He commented that Eminent Domain cannot be used to help a business
grow, only for Public improvements. He remarked if the County Commission voted in favor of
the airport expansion only to help business, we might have grounds to slap a lawsuit on them.
7. Consent Agenda
Items added to Consent Agenda: 7.5
7.1 Minutes
Approve minutes for Regular Meeting of March 9, 2005
Approve minutes for Organizational Meeting of March 15, 2005
Resolutions
7.2 RESOLUTION #2005-046
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ADOPTING THE LOCAL MITIGATION
STRATEGY (LMS) ADOPTED BY BROWARD COUNTY; PROVIDING FOR CONFLICTS; FURTHER
• PROVIDING FOR AN EFFECTIVE DATE.
Ordinances ('Titles read by City Attorney)
7.3 ORDINANCE #2005-008
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA PERTAINING TO FLOOD DAMAGE
PREVENTION; AMENDING CHAPTER 12, ENTITLED "FLOOD DAMAGE PREVENTION", ARTICLE I,
ENTITLED"IN GENERAL", SECTIONS 12-5 "DEFINITIONS" AND 12-7 "BASIS FOR ESTABLISHING THE
AREAS OF SPECIAL FLOOD HAZARD", ARTICLE II, ENTITLED, "ADMINISTRATION", SECTION 12-33,
"PERMIT PROCEDURES" AND ARTICLE III, ENTITLED "HAZARD REDUCTION", SECTION 12-52,
"SPECIFIC STANDARDS" OF THE CITY CODE OF ORDINANCES, TO UPDATE ALL SUCH PROVISIONS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE. (FIRST READING)
7.4 ORDINANCE #2005-009
AN ORDINANCE OF. THE CITY OF DANIA BEACH, FLORIDA AMENDING CHAPTER 25 ENTITLED
"TRAFFIC", ARTICLE II1, ENTITLED "PARKING", DIVISION 2, ENTITLED "ENFORCEMENT", SECTION
25-77, "ADMINISTRATIVE APPEAL", OF THE CITY CODE OF ORDINANCES TO AUTHORIZE THE USE
OF HEARING OFFICERS FOR MUNICIPAL PARKING ORDINANCE VIOLATIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
(FIRST READING)
Addendum
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Dania Beach City Commission
Tuesday,March 22,2005—7:00 p.m.
7.5 Request for Implementation of Pay for Performance for Non-Union Employees by
Director of Finance Patricia Varney
Commissioner McElyea motioned to approve the Consent Agenda, with the addition of
Item #7.5; seconded by Commissioner Anton. The motion carried on the following 4-0 Roll
Call vote:
Commissioner Anton Yes Vice-Mayor Flury Yes
Commissioner Bertino Absent Mayor Castro Yes
Commissioner McElyea Yes
8. Bids and Requests for Proposals
There were no proposals at this meeting.
9. Public Hearings and Site Plans
9.1 ORDINANCE #2005-006
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, GRANTING THE REQUEST FOR A
• SMALL SCALE AMENDMENT TO THE COMPREHENSIVE PLAN BY CHANGING THE LAND USE
DESIGNATION OF AN APPROXIMATELY 5.1 ACRE SITE FROM LOW (5) RESIDENTIAL TO
RECREATION AND OPEN SPACE,LOCATED NORTH OF SW 45T" STREET, SOUTH OF THE DANIA CUT-
OFF CANAL AND IMMEDIATELY EAST OF SW 25 TERRACE AS LEGALLY DESCRIBED IN EXHIBIT
"A;" PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE. (SECOND READING)
City Attorney Ansbro read the title of Ordinance #2005-006.
Corinne Church, City Planner, advised the site is City owned with a small retention pond. The
change in land use is required by the County.
Mayor Castro opened the Public Hearing. Seeing as there was no one to speak in favor or
opposition, she closed the Public Hearing.
Vice Mayor Flury motioned to approve Ordinance #2005-006, on second reading; seconded
by Commissioner McElyea. The motion carried on the following 4-0 Roll Call vote:
Commissioner Anton Yes Vice-Mayor Flury Yes
Commissioner Bertino Absent Mayor Castro Yes
Commissioner McElyea Yes
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Dania Beach City Commission
Tuesday, March 22,2005—7:00 p.m.
• 9.2 ORDINANCE #2005-003
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA PERTAINING TO ZONING; AMENDING
CHAPTER 28, ENTITLED "ZONING", ARTICLE 5, ENTITLED "SUPPLEMENTARY LOT REGULATIONS",
SECTIONS 5.36 "WALLS, FENCES AND HEDGES" AND 5.44, "ACCESSORY STRUCTURES; MINIMUM
YARD LOT AND BULK REGULATIONS" OF THE CITY CODE OF ORDINANCES TO PRESCRIBE
REQUIREMENTS FOR HEIGHTS OF FENCES, HEDGES OR WALLS LOCATED ON PROPERTY
ABUTTING WATERWAYS (SECTION 5.36) AND PRESCRIBING HEIGHT AND OTHER LIMITATIONS
AND RESTRICTIONS APPLICABLE TO RESIDENTIAL ACCESSORY STRUCTURES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
(SECOND READING)
City Attorney Ansbro read the title of Ordinance #2005-003.
Laurence Leeds, Director of Community Development, advised the Marine Advisory Board
recommended limiting the maximum height of fences on canal frontage lots. This would
maintain a visual corridor that would not reduce the view for property owners. He commented
that staff requested the restriction on accessory structures because sometimes people request
garages or accessory structures in the back yards of single family homes that sometimes exceed
50%-60% of the size of the home. This would limit the height of the accessory structure to 40%
of the size of the house, or a maximum of 750 square feet.
Mayor Castro opened the Public Hearing.
. Billy Phipps, 946 Nautilus Isle, Dania Beach, asked the Commission to approve the requested
Code change. She believes it will help to protect homeowners, like herself, who have had their
view taken away by the installation of a high fence all the way to the waterfront.
Faye Bartelmes, 214 SW 2nd Terrace, Dania Beach, approves of this request. She remarked
people need to be told to maintain their hedges.
Seeing as there was no one to speak in favor or opposition, Mayor Castro closed the Public
Hearing.
Vice-Mayor Flury motioned to approve Ordinance #2005-003, on second reading; seconded
by Commissioner Anton. The motion carried on the following 4-0 Roll Call vote:
Commissioner Anton Yes Vice-Mayor Flury Yes
Commissioner Bertino Absent Mayor Castro Yes
Commissioner McElyea Yes
9.3 ORDINANCE #2005-007
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE ZONING APPENDIX OF
THE CITY CODE OF ORDINANCES, BY AMENDING ARTICLE II, ENTITLED "ACCESSORY AND
DETACHED BUILDINGS AND STRUCTURES", SECTION 33-40 ENTITLED "REGULATION AND USE OF
WATERWAYS AND FACILITIES RELATED THERETO", TO ESTABLISH SETBACK LIMITATIONS FOR
VESSELS DOCKED OR ANCHORED AT THE END OF DEAD-END CANALS AND WATERWAYS;
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Tuesday, March 22,2005—7:00 p.m.
. PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE. (SECOND READING)
City Attorney Ansbro read the title of Ordinance #2005-007.
Laurence Leeds, Director of Community Development, asked the Commission to continue this
item until April 26, 2005 at 7:00 p.m. in order to provide notice to residents. He noted this
change was requested by the Marine Advisory Board.
Bill Wosenitz, member of the Marine Advisory Board, advised he made a map that is included in
the back up material. He remarked they decided on a ten foot setback on the end of a sixty foot
canal. However, now he realizes a 60' dock that loses 20' has a 33% loss, and this isn't fair. He
suggested taking away from everyone, not just one person. He remarked he does not think this is
legal or if it would hold up in court.
Vice-Mayor Flury remarked we are postponing this for one month and we will notify everyone
that is affected.
Mr. Leeds remarked that Mr. Wosenitz suggested providing extraordinary notice to affected
property owners, and he agrees, which is why he requested a continuance. He noted the change
Mr. Wosenitz is suggesting would change the Ordinance which would need direction from the
Marine Advisory Board.
Commissioner McElyea motioned to continue Ordinance #2005-007 until April 26, 2005 at
7:00 p.m.; seconded by Commissioner Anton.
Mayor Castro opened the Public Hearing.
Clive Taylor, Chairman of the Marine Advisory Board, remarked they are trying to establish a
baseline benchmark where future disputes can be reconciled based on this Ordinance.
Seeing as there was no one else to speak in favor or opposition, Mayor Castro closed the Public
Hearing.
The motion carried on the following 4-0 Roll Call vote:
Commissioner Anton Yes Vice-Mayor Flury Yes
Commissioner Bertino Absent Mayor Castro Yes
Commissioner MMcElyea Yes
9.4 ORDINANCE #2005-010
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, ADOPTING THE CITY OF DANIA BEACH
COMPREHENSIVE PLAN EVALUATION AND APPRAISAL REPORT (EAR) PURSUANT TO SECTION
163.3191, FLORIDA STATUTES; PROVIDING FOR ADOPTION AND SUBMITTAL TO THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING —
is ADOPTION STAGE)
Minutes of Regular Meeting 6
Dania Beach City Commission
Tuesday, March 22,2005—7:00 p.m.
. City Attorney Ansbro read the title of Ordinance #2005-010.
Laurence Leeds, Director of Community Development, advised this is the precursor to amending
the Comprehensive Plan, and the document was transmitted to the Florida Department of
Community Affairs in October 2004. He advised the EAR is a summary of the successes and
shortcomings of the last time the Comprehensive Plan was amended in full (1999). He indicated
if we do not comply, we would lose the ability to amend our Comprehensive Plan in the future,
and it could mean a reduction in State Revenue Funding. He noted it is required by the State and
staff recommends approval.
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 approve Ordinance #2005-010, on second reading for
adoption; seconded by Vice-Mayor Flury. The motion carried on the following 4-0 Roll
Call vote:
Commissioner Anton Yes Vice-Mayor Flury Yes
Commissioner Bertino Absent Mayor Castro Yes
Commissioner McElyea Yes
9.5 RESOLUTION #2005-003
A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED
BY MICHAEL SHIFF, PRESIDENT OF THE SHIFF GROUP, FROM CHAPTER 12, ARTICLE III, SECTION
12-52, FOR PROPERTY LOCATED NORTH OF SW 45TH STREET, EAST OF SW 30TH AVENUE, WEST OF
SW 28TH WAY, AND SOUTH OF THE DANIA CUT-OFF CANAL, DANIA BEACH; PROVIDING FOR
CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Continued from January 11,2005)
City Attorney Ansbro read the title of Resolution #2005-003, and advised the application has
been withdrawn in light of the proposed Flood Elevation Ordinance.
City Attorney Ansbro advised the remaining hearings are quasi-judicial and swore-in all who
would speak. He asked the Commission to disclose if they had any communication with anyone
regarding these cases.
9.6 RESOLUTION #2005-049
A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED
BY JOSEPH KALLER, ARCHITECT, ON BEHALF OF JOHN GRENIER, FROM CHAPTER 28, "ZONING",
FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD EAST
OF THE DANIANS CONDOMINIUM CLUBHOUSE, FRONTING DANIA BEACH BOULEVARD, IN THE
CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
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Dania Beach City Commission
Tuesday,March 22,2005—7:00 p.m.
9.7 RESOLUTION #2005-050
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST
SUBMITTED BY JOSEPH KALLER, ARCHITECT, ON BEHALF OF JOHN GRENIER, FOR PROPERTY
GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD EAST OF THE
DANIANS CONDOMINIUM CLUBHOUSE, FRONTING DANIA BEACH BOULEVARD, IN THE CITY OF
DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution #2005-049 and Resolution #2005-050. He
advised these were quasi-judicial matters and swore-in all who would speak on this matter. He
asked the Commission to disclose if they had discussed the matter with anyone.
Joseph Kaller, 2417 Hollywood Boulevard, Hollywood, Architect for the project, advised they
have been working on this project for two years. He indicated the property is an unusual shape
site and they have tried to work with the surrounding properties. He advised the Danians had a
number of parking spaces encroaching onto the property on the west, and they decided to give
them the encroachment. He remarked there is also signage from the Danians on their property
and they are allowing that to stay also. He noted there will be nine units and all the parking
requirements have been met. He indicated they went through a long arduous process with DOT
and their entrance had to be adjusted after approvals. He commented the building would be four
stories; a lobby and two units on the first floor; two units on the second floor; and three units on
the third and fourth floors. The second floor will have a multi-purpose room and all the
balconies face west toward the Danians. He noted they have done the best they can for the site.
Mayor Castro opened the Public Hearing.
Emerson Alsworth, attorney representing the Shopping Center property owner to the east of the
property, asked Mr. Kaller when they purchased the property. Mr. Kaller responded three years
ago. Attorney Alsworth indicated the development standards are the same today as they were
three years ago when the property was purchased. He remarked they are asking for a variance on
the setback and for the catwalk on the east side near the Shopping Center. He asked Mr. Kaller
if they could flip the footprint of the building to reduce the variance on the side facing the
Shopping Center.
Mr. Kaller responded Mr. Alsworth had approached him on this issue. He indicated they could
only budge the building about two feet to the west because they would lose space.
Attorney Alsworth remarked Mr. Pyle, owner of the Shopping Center, approached him to oppose
the development. He advised Mr. Pyle signed a contract to sell the Shopping Center to a
developer for condominiums. He indicated it would be a substantial number located on 3.7
acres, and would be extremely upscale dwellings. He noted the contract is for $5.5M, which
translates to $37.50 per square foot of land. He stated he does not represent the developers,
although they have a very good reputation and will bring in a high quality project. He remarked
the staff report is predicated on the fact that the property is near a shopping center with a parking
lot to the east. He indicated the subject property puts them at a substantial disadvantage because
for every foot the Commission grants a variance to the east, it takes away from the distance
between buildings for their property. He indicated this takes $152,000 away from them. He
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Dania Beach City Commission
Tuesday,March 22,2005—7:00 p.m.
remarked variances require a hardship that is not self-imposed; this property was purchased three
years ago for $160,000 and the zoning requirements were the same as they are today. He
remarked there are some properties that are not suitable for development and this is one of them.
He noted his client only cares about the variance on the east side because it takes away their
potential development. He does not think the variance should be granted because the hardship is
self-induced. He noted his project should come before the Commission in September, but he has
not seen the site plan and does not know what it will look like.
Commissioner McElyea asked if the variance was a self-imposed hardship.
City Attorney Ansbro responded this is unusual because the property itself is unusual. He noted
he spoke with Attorney Alsworth today and cited him a case called the City of Coral Gables vs.
Geary, from 1980. He noted that the Court found that because a property is unique, it does not
make it a self imposed hardship.
Seeing as there was no one else to speak in favor or opposition, Mayor Castro closed the Public
Hearing.
Mr. Leeds remarked the property does not constitute a self imposed hardship; this is a text book
example of a hardship. He noted the property is very narrow and thin and if the variances are not
granted only a 20' wide building could be built. He commented staff recommends in favor of the
variances because if not, it is unlikely that anything would be built on this lot, and because the
building will be 80'-100' from the nearest adjacent structure. He stated he has not been
contacted for the condominium project mentioned by Attorney Alsworth. He remarked it would
not be fair to turn down the variance request, or to require the building to be flipped, to
accommodate the next project. He stated he will work with Attorney Alsworth's client. He
remarked if the building is flipped the people will face the back of the Shopping Center where
vehicles are stored. He noted the plan was submitted over two years ago and staff supports all
the variances, and the Planning and Zoning Board agreed. However, the plan is modern
architecture and the Commission has changed their position and wish to emphasize Spanish-
Mediterranean architecture. He asked for a continuance to allow the applicant an opportunity to
redo the fagade of the building that faces Dania Beach Boulevard.
Commissioner Anton remarked the architecture would be compatible with the Danians.
Mr. Leeds remarked the Danians is not Spanish-Mediterranean, although it is a very attractive
building that reflects the fact that it was built several years ago with a different look.
Commissioner Anton noted there was a letter from the Danians stating support for the project.
Mr. Leeds responded the letter is a year and a half old and asked the architect to obtain a current
letter from the Danians in support of the project.
Vice-Mayor Flury remarked she has yet to see a project without variances. She noted this is an
issue of one developer who might be concerned that his variances will not be granted if this one
is allowed. She indicated this design is unsatisfactory and she does not want to follow the design
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Dania Beach City Commission
Tuesday, March 22,2005—7:00 p.m.
of the Danians.
Vice-Mayor Flury motioned to continue both Resolution #2005-049 and Resolution #2005-
050 until April 12, 2005; seconded by Commissioner Anton. The motion carried on the
following 4-0 Roll Call vote:
Commissioner Anton Yes Vice-Mayor Flury Yes
Commissioner Bertino Absent Mayor Castro Yes
Commissioner McElyea Yes
9.8 RESOLUTION #2005-048
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE ZONING APPEAL
REQUEST SUBMITTED BY JOSEPH R. DAWSON, ESQUIRE, ON BEHALF OF JEREMIAH J. KELLY, FOR
PROPERTY LOCATED AT 4160 RAVENSWOOD ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS;
FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution #2005-048. He swore-in all those who would
speak on the subject and asked the Commission to disclose any conversations they had on this
subject.
Commissioner Anton and Commissioner McElyea disclosed they spoke with Mr. Kelly.
Vice-Mayor Flury and Mayor Castro disclosed they were contacted by former Congressman
Larry Smith.
Joseph Dawson, Attorney representing JJ Kelly, remarked he submitted an outline of uses for the
property since 1989. He noted the property has been continuously used for bus related purposes
since that time. If Mr. Kelly was not using the property, he subleased the property to someone
else that was using it for bus purposes. He noted the structures were built for bus related uses,
and has sworn affidavits that the property has been used continuously for bus purposes. He
pointed out that prior to annexation, bus use was a permitted activity by Broward County and
they did not require an Occupational License for bus related purposes. The City never cited Mr.
Kelly, or inform him that an Occupational License was required to continue using the parcel for
bus related uses. He commented that Mr. Kelly relied upon representations made to him by the
prior City Manager, whose letter is provided, that he could continue as before. He remarked that
Mr. Kelly took this to mean that no Occupational License was required because no Occupational
License was required by the County.
J.J. Kelly stated he bought the property in 1989 and stayed there until 1997 when he sold the bus
company and leased the property to Travel Ways. He evicted them in 1999 because they did not
maintain the property. He indicated it took seven months to clean up the property because there
was $150,000 in damage to the buildings and property. He stated the back of the property was
used for bus repair during the time they cleaned the property. During this time he leased the
property to Dave Thomas of Wendy's Restaurant, and another person who kept their coaches
inside the building. He then leased the property to Chalk Airlines and during that time he
continued to use the garage and lift to check buses. After that period, Greyhound was brought in
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Tuesday, March 22,2005—7:00 p.m.
• and used the property for their buses. He remarked another company came in but left because
they could not get an Occupational License from the City of Dania Beach. He remarked he
owned this piece of property and made it a bus company and he has improved the property and it
is the perfect place for a bus company.
Laura Metric, has lived in Dania Beach for twenty-five years, and thinks this is the ideal situation
for a transportation company because of the location near the airport. She indicated it was
natural for transportation companies to try to come into Dania Beach because it is convenient for
them. She also remarked this property is ideal for keeping them off the public roads. The
property is desirable for limousine companies who use bus transportation to pick people up from
groups to go to ships at the Port. She thinks this is the best location for a company that can bring
revenue into the City.
Mayor Castro asked if the company was bringing in buses or limousines.
Ms. Metric responded buses, but she knows the gentleman who has the company, and
transportation that is chartered is called limousines. She stated she is in the transportation
business and it is just the term of the business. She is a Safety Manager for Fed Ex and watches
what goes up and down the highways because she watches the trucks.
Mr. Leeds asked the name of the new transportation company.
Mr. Kelly responded Corporate Connection, it is owned by an Egyptian man who has been in the
area for ten years and operates out of Ft. Lauderdale.
Ms. Metric responded she did safety consulting for him and he runs a very upstanding company.
She indicated he was working out of a hotel out west in Bon Aventure.
Attorney Dawson pointed out the parcel would not be used as a bus terminal; simply a location
to store, repair and paint them. There will not be any passengers at this location. He remarked
the parcel is located in an area that does not offer a lot of uses, and historically, it has been used
for this type of business.
Mayor Castro questioned if they were later model buses.
Mr. Kelly responded the forty-five foot passenger buses are brand new, not more than a year or
two old.
Fire Chief Ken Land questioned if the spray booth had been inspected.
Mr. Kelly responded it was certified this year. He advised that Orlando Bus Company installed a
new system and it has been inspected. They also have their Air License, which you cannot
obtain without an inspection.
Mr. Leeds asked Mr. Kelly if he was aware that Ameribus never obtained an Occupational
License. He asked if the City Fire Marshall inspected the Spray Booth.
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Dania Beach City Commission
Tuesday, March 22,2005—7:00 p.m.
Mr. Kelly responded he did not know if the City Fire Marshal inspected the Spray Booth, but it
was inspected by Broward County.
J.J. Kelly III advised they had an air license before they discontinued their business. He
remarked the Spray Booth was certified by Broward County last year and there is a current Air
License.
Kendra Kelly clarified the buses would be the latest model equipment. She is still a broker for
the bus business, and has been for the past seven years since J.J. Kelly was sold, and these are
the newest equipment in South Florida. The company that wants to come in is one of the best
run companies in South Florida.
Laurence Leeds, Director of Community Development, remarked Mr. Dawson was incorrect in
commenting that he had offered the aerial photographs as evidence; he noted they were requested
by the City Attorney and he does not use them as a basis for making his recommendation. He
noted the site was annexed in 1983 and the County zoning was M-3 which allowed motor bus
terminal as a permitted use. In May 1998 the City adopted a temporary zoning ordinance to
prepare for the IROM zoning district. In August 2000 the City adopted the IROM Ordinance
which changed the County zoning designation to City districts. The IROM district prohibits bus
parking. He advised the Community Development Department determines if there is a legal
non-conforming status assigned to a piece of property or use. They look for evidence of
governmental approval, and evidence of continuous and uninterrupted use. He noted evidence of
• the first requirement is that the existing building seems to have been built to service, repair, paint
or store buses. For continuous and uninterrupted use, staff requires that an Occupational License
be issued every year since the use was established. The Code states that failure to use a non-
conforming use for six months or a change to a more restrictive or conforming use shall be
considered cessation thereof and the non-conforming use may not be revived. He remarked the
Occupational Licenses issued since 1999 specify bus related uses. The City did issue a license
for a permitted use in IROM which is the indoor storage of aircraft parts from 2001-2003. Based
on this information, staff has determined that the second requirement has not been met. He
remarked staff does not make a recommendation, they just tell how they arrived at their decision.
He noted staff believes the applicant has met the first requirement, and the building looks like it
was built for bus service; however, based on the Occupational License history, the applicant has
not met the second requirement.
Attorney Dawson apologized to Mr. Leeds if he misspoke about the aerial photographs. He
pointed out the Ordinance that created IROM states that all structures lawfully existing upon the
effective date of the article, which otherwise did not meet the requirements of the article, may
lawfully continue unless and until the property is abandoned. He remarked it is their position
that the property was used for aircraft storage, but that it was not the only use, in fact, Greyhound
utilizes half the property which reflects the fact that the property was divided into multi-purpose
uses as it had been historically. He indicated it was clear that the structures were built for this
purpose, and that it was clear that this bus related use is reasonable under the circumstances. He
suggested the Commission approve the continuance of the intended use of the structures, and
® asked for consideration to allow the use to continue.
Minutes of Regular Meeting 12
Dania Beach City Commission
Tuesday, March 22,2005 —7:00 p.m.
. Seeing as there was no one else to speak in favor or opposition, Mayor Castro closed the Public
Hearing.
Commissioner McElyea remarked he has known the property all his life, and does not
understand why we continue to harass Mr. Kelly for trying to run a business on a property.
Commissioner Anton asked Mr. Kelly and the City Attorney if we could insure that this would
not turn into a bus graveyard.
Mr. Kelly responded he ran the bus company for many years and never left junk around. He
noted this was why he kicked out Travel Ways. He stated he will hold the mortgage for 25
years, so the property would be kept clean.
City Attorney Ansbro indicated the Commission could place a condition in the Resolution as to
what would be permissible.
Commissioner Anton commented he agreed with Commissioner McElyea that this was built as a
bus terminal, and there needs to be an allowance to continue the use as long as this will not be a
bus graveyard and repairs will be done inside.
Vice Mayor Flury remarked Mr. Kelly has always run a good business, but this is not about him.
She noted the property is being sold to somebody we do not know. She noted the property was
rezoned five years ago and it is not as though we were creating a hardship. She is not thrilled
about a bus company; just because we are close to the airport does not mean we should have to
suffer any more than we already do. She questioned if we do zoning for convenience or because
it is the fair thing to do.
Commissioner Anton remarked this is a unique property, and was designed for a specific use.
He commented he grew up in the area and knows it has been a bus area for as long as he can
recall. He wanted to include in the record that this specific piece of property is unique in its
design and use as a bus facility.
Mr. Leeds responded conditions could be attached to the appeal, one being that the City Fire
Marshal inspect the paint booth, if he has jurisdiction to do so.
City Attorney Ansbro indicated if the applicant is willing to voluntarily commit to the
conditions, then we would have a covenant running with the land. He thinks this is a unique use
and would not set a precedent.
Mr. Leeds added we currently have cited two people in the immediate vicinity for outdoor
storage and they are currently working through the Code process. He wants to insure that the
pending case could not rely on the conclusion the Commission makes on the Kelly case.
City Attorney Ansbro responded the uses would have to be virtually identical to be a precedent.
•
Minutes of Regular Meeting 13
Dania Beach City Commission
Tuesday,March 22,2005—7:00 p.m.
Commissioner McElyea remarked the paint booth is inspected by Environmental Protection
through Broward County. He indicated the Fire Marshal should have inspected it because they
charge a fee for it. He commented the County will inspect it and they do not mess around.
Mayor Castro asked Mr. Kelly if he would be willing to agree to these conditions.
Mr. Kelly remarked there was one condition that City Attorney Ansbro made about a three year
old bus. He indicated you would not know it was a three year old bus if it is well maintained.
City Attorney Ansbro responded one of the people talked about only using new buses.
Mr. Kelly remarked what they call new is two or three years old; these buses cost $375,000-
$380,000.
City Attorney Ansbro commented it was represented to him that the person who seeks to
purchase the property uses nothing but new buses and after they are two years old, he markets
them to Central and South America. He noted this is what he was told by the realtor.
Commissioner Flury asked if the realtor was present.
Mr. Kelly responded the realtor was Mr. Bertino.
Vice Mayor Flury questioned if we should continue this until Mr. Bertino was present.
Commissioner McElyea commented Mr. Bertino can't vote on it anyway.
City Attorney Ansbro advised if Mr. Bertino were here and provided something in writing
indicating that he would get no broker fee, or any kind of pecuniary benefit, which is what the
law requires, and that he does not have a business associate relationship with Ryan Realty, which
he has assured the City Attorney that he is an independent agent, then Mr. Bertino would be able
to vote if he divests himself of any income in the sale of the property.
Vice Mayor Flury remarked she would feel different if we were dealing with J.J. Kelly because
the conditions have to be transferred to the new owner.
Mr. Leeds remarked the new owners are not here and have not voluntarily agreed to these
conditions.
City Attorney Ansbro remarked only Mr. Kelly can agree to the conditions because he is the
current property owner. He recommended the Commission do a covenant that runs with the
land.
Mr. Leeds clarified the first thing that needs to happen is to prepare a deed restriction that needs
to be recorded before Mr. Kelly sells the property.
Attorney Dawson responded his client is willing to agree to the Commission's request to insure
Minutes of Regular Meeting 14
Dania Beach City Commission
Tuesday,March 22,2005—7:00 p.m.
that the property is used in a way that is consistent with their overall goals.
City Attorney Ansbro noted he and Attorney Dawson could fashion a covenant that will protect
the property so there will be nothing done there that is inimical to the public interest on the bus
use.
Mr. Leeds advised there are other conditions that the outdoor site could only be used for the
storage of fully-assembled automobiles, including limousines and buses. This specifically
excludes any other type of motor vehicle and it excludes any disassembled buses or vehicles of
any kind. He remarked he is not concerned about late model buses as long as they are fully
assembled, in operating condition and licensed. He remarked he does not know the legality of
who inspects the spray booth, but would like to have it addressed before an Occupational License
is issued.
City Attorney Ansbro noted the condition for the Fire Marshal would be included in the
Resolution, not the deed restriction.
Commissioner McElyea motioned to approve Resolution #2005-048, with the provisions
outlined by the City Attorney and Mr. Leeds; seconded by Commissioner Anton. The
motion carried on the following 3-1 Roll Call vote:
Commissioner Anton Yes Vice-Mayor Flury No
Commissioner Bertino Absent Mayor Castro Yes
Commissioner McElyea Yes
Item # 11.1 and#11.2 were discussed after Item #9.8.
10. Commission Comments
This item discussed after Item #13.1.1.
10.1 Commissioner Anton
Commissioner Anton reminded everyone there was an Airport meeting from 10:00 a.m.-8:00
p.m. at the Convention Center on March 31". This meeting deals with comments on the EIS for
the Airport expansion. He advised there would be a meeting tomorrow night at Beulah Lair's
house (1433 Argonaut Isle) to draft letters to the FAA. He emphasized the importance to
continue sending letters to the County Commission and FAA. He indicated this is heading
toward litigation and it is important to build a paper trail.
Commissioner Anton expressed his deepest sympathy to the family of Mike Sheridan. He asked
the City Manager to notify him of arrangements.
10.2 Commissioner Bertino
Minutes of Regular Meeting 15
Dania Beach City Commission
Tuesday, March 22,2005—7:00 p.m.
Commissioner Bertino was absent at this meeting.
10.3 Commissioner McElyea
Commissioner McElyea advised he received a request from the American Legion to proclaim
May 28, 2005 as Poppy Day in the City of Dania Beach. He requested a proclamation be
prepared.
He noted we received a resolution from Coral Springs supporting House Bill 0195 that requires
School Boards to schedule Teacher Planning Days to coincide with election days so that schools
may be used as polling places. He remarked he would like us to look into this because there are
three schools that we could utilize as polling locations. He also supported adopting a resolution
similar to the one received from the City of Ft. Lauderdale to keep a Federal Courthouse in Ft.
Lauderdale.
Commissioner McElyea commented on the Flea Market at Frost Park over the weekend. He
noted the restrooms were in terrible shape due to the profanity and graffiti on the walls, and the
vandalism of the property. He indicated we should place a Special Detail at the Park to catch
whoever is responsible. He remarked this costs the City money and it is time to get the Sheriff's
Office over there. This is a new building and it is disgusting.
City Manager Pato commented he became aware of the situation yesterday and was quite
distressed. He noted this is the third time this happens and Chief Cowart is aware of the
situation.
10.4 Vice-Mayor Flury
Vice-Mayor Flury thanked everyone for supporting her during the election. She is very grateful.
10.5 Mayor Castro
Mayor Castro thanked everyone for their support and for staying through her first meeting. She
indicated she did not know of Commissioner Bertino's emergency, but if the City Manager knew
if he needed assistance, to please let the Commission know.
Commissioner McElyea explained Commissioner Bertino's daughter needed an emergency
operation. He indicated that Commissioner Bertino did call him.
Mayor Castro advised she attended dinner at Red Lobster to be served by the Broward Sheriff's
Office and some of our Firefighters for the Special Olympics. She thanked the BSO and the
Firefighters, and everyone else that attended.
11. Discussion and Possible Action
Minutes of Regular Meeting 16
Dania Beach City Commission
Tuesday, March 22,2005—7:00 p.m.
11.1 Delegation request DR-09-05 Amend Plat Note (Village Marina Plat) (Community
Development)
This item was discussed after Item #9.8.
Paul Duralli, Attorney representing the applicant, advised they are requesting the Commission's
no objection to amending the Plat Note for Village Marina. He noted this matter had been before
the Commission and previously approved for 200,000 square feet of office, 1,500 square feet of
retail, an 80 slip boat marina, and a 350 room hotel. He remarked the development plan has been
refined to request an increase in units to 419 hotel rooms with a decrease in Office Space to
136,500 square feet and a minor decrease in retail space. He indicated they have had lengthy
discussions with Broward County relative to the airport and believes they have come to a
resolution with those issues. He noted they need Commission approval before continuing with
Broward County.
Commissioner Anton asked if they had agreed to his recommendations.
Mr. Leeds responded they agreed to two of the recommendations, but not the most important
one. He noted he asked the City Attorney to write him a note that said this Plat Note determines
only the payment of County Impact Fees and establishes no zoning rights under the Dania Beach
City Code. He indicated that Attorney Duralli stated that the Plat Note confirms that the level of
development (419 units, 136,000 square feet of Office Space) is permitted by the existing
zoning. He noted that we do not know if he can put up everything that is being requested. He
• remarked we have no objection to approval, but asked Attorney Duralli if he could revise his
letter to mimic the language in the staff report.
Attorney Duralli clarified the level of development is the fact that 419 hotel rooms, and the
Office and Retail Space, are permitted within the existing C-3 zoning. He remarked he is not
asking Mr. Leeds to confirm it can physically be accommodated on the site. He noted he is not
comfortable saying that the Plat Note only makes a statement for Impact Fee purposes.
Mr. Leeds remarked he cannot support the Plat Note amendment with this language because it
suggests that this Commission is saying 419 rooms, 136,000 square feet of Office Space, and
1,500 square feet of Retail Space is permitted.
City Attorney Ansbro suggested Mr. Leeds and Attorney Duralli work this out and defer it to
another meeting.
Attorney Duralli asked for a moment to confer with his client.
Bayard Spector, Applicant, advised he does not have a problem with Mr. Leeds' request. He
noted by agreeing with Mr. Leeds it will have an effect on what they will be able to do on this
property. He thinks Mr. Leeds is saying he wants to make sure that if this Commission approves
what they are asking for that he is not saying they can do it because he has not completed the site
plan review.
Minutes of Regular Meeting 17
Dania Beach City Commission
Tuesday, March 22,2005—7:00 p.m.
Attorney Duralli advised they will consent to the language and will revise the letter as Mr. Leeds
requested.
Commissioner McElyea motioned to approve the amended Plat Note; seconded by Vice-
Mayor Flury. The motion carried on the following 4-0 Roll Call vote:
Commissioner Anton Yes Vice-Mayor Flury Yes
Commissioner Bertino Absent Mayor Castro Yes
Commissioner McElyea Yes
Item #13.1.1 was heard after this item.
11.2 Discussion of improper contacts between Elected Officials and City Staff (City
Attorney Ansbro)
City Attorney Ansbro advised the City Manager requested that he address this with the
Commission. He recalled he proposed two changes to the current Charter during the Charter
Review process. He noted the current Charter states the Commission shall deal with
Administrative Service solely through the City Manager and shall not give orders to any
subordinates of the City Manager. He indicated the Commission members know the Charter
requirement and they take pains not to violate it. However, there are occasions where if it is not
intended, it is perceived by staff that they are being told to do something by a Commissioner. He
remarked we are trying to get a handle on this and get direction from the Commission. He noted
the Commission did not want to change the language in the Charter, but chose to address this
issue at a later time. He noted there is no intent to wall off the Commission from the Department
Heads.
Commissioner Anton remarked the Charter addresses this. He agreed we should have a policy
and indicated he does not have a problem going through the City Manager. He noted that
sometimes the City Manager is tied up and they have to go directly to the Department Heads. He
did not feel it was appropriate for the Commission to approach staff, especially if they were
giving orders.
Commissioner McElyea thinks it is good to talk to staff, but not to dictate or tell them what to
do. He thinks the Commission should have the opportunity to speak to any employee in the City.
City Manager Pato remarked we have no problem with casual contacts and this is not what the
policy is about. He remarked that it has happened in the past and we need a policy the
employees will understand. He thinks we will see more of this type of behavior if we do not
have a policy in place.
Vice Mayor Flury thinks we need a policy to communicate with Department Heads only. She
remarked the employees have work to do and we have had instances in the past where people
have been pressured for information or to do something and it puts the employees in an
uncomfortable position.
0
Minutes of Regular Meeting 18
Dania Beach City Commission
Tuesday, March 22,2005—7:00 p.m.
City Attorney Ansbro remarked we will try to develop a policy.
Mayor Castro agrees with what everyone has said, and thinks the key will be with the policy.
She noted there are five Commissioners and if they all ask for information they can take up all
the resources of staff. She thinks staff needs some protection to tell the Commissioners to go
speak to the City Manager or the Department Heads. She remarked the Department Heads need
to manage their resources (their people), and she would like to give them the opportunity to
know if requests are being made. She commented that City staff is always accommodating and it
is probably difficult for them to say no.
City Manager Pato remarked we will put something together and bring it back to the
Commission.
12. Appointments
12.1 Airport Advisory Board—All positions (15 Members — 3 per Commissioner— 2 Year
Term)
Commissioner Anton reappointed Zachary Adams, Billy Phipps and Thomas P. Allen.
Commissioner McElyea reappointed Bob Mikes.
. Vice-Mayor Flury reappointed Beulah Lair and Gary Luedtke.
Mayor Castro appointed Ray Sandle, Dick Sokol and Betty Sokol.
12.2 Code Enforcement Board— 1 vacancy (Term expires 11/10/07)
Commissioner McElyea appointed Terrell McCombs as a Regular Member of the Board with a
term expiration of November 10, 2007.
12.3 General Employees Pension Board— 1 Commissioner (4 Year Term)
Commissioner Anton nominated Vice-Mayor Pat Flury to serve on the Board.
12.4 Human Relations Board —All positions (10 Members —2 per Commissioner—2 Year
Terms)
(Ruby Ferguson-Harris and Derrick Hankerson do not want to serve another term.)
Commissioner Anton reappointed Judy Usifer and Patricia Tyra.
Commissioner McElyea reappointed Dolores Vitale.
Vice-Mayor Flury reappointed Gracetta Wilkins.
Minutes of Regular Meeting 19
Dania Beach City Commission
Tuesday,March 22,2005—7:00 p.m.
• 12.5 I.T. Parker Community Advisory Board — All positions (5 Members — 1 per
Commissioner—2 year Term)
Commissioner McElyea reappointed Kurt Ely.
Commissioner Anton reappointed Judy Usifer.
Vice-Mayor Flury reappointed Lee Lavery.
12.6 Marine Advisory Board —All positions (15 Members — 3 per Commissioner— 2 Year
Terms)
Commissioner McElyea reappointed Carol Stokrocki, Bernard Swindell and Charlie McKenna.
Commissioner Anton reappointed Lester McKinney, Mike Grady and Brian Carroll.
Vice-Mayor Flury reappointed Clive Taylor, Debby Auchter and Raymond Lair.
Mayor Castro reappointed Mark Latimer.
12.7 Nuisance Abatement Board — All positions (5 Regular and 2 Alternates — 1 per
Commissioner—Alternates by whole Commission—2 Year Term)
® Vice-Mayor Flury reappointed Sophie Steele.
Commissioner Anton reappointed Mike Talotta.
Commissioner McElyea reappointed Cari Kresa.
12.8 Parks, Recreation and Community Affairs Advisory Board — All positions (10
Members—2 per Commissioner—2 Year Term)
Commissioner Anton reappointed Chip Brockman and Lisa Drake.
Vice-Mayor Flury reappointed Sharon Nearn and Joe Peco.
12.9 Planning & Zoning Board—All positions (5 Members— 1 per Commissioner—2 Year
Term)
Commissioner Anton reappointed Lottye Crooms.
Vice-Mayor Flury reappointed Gary Luedtke.
Mayor Anne Castro reappointed Ed Bourgeois.
• Commissioner McElyea reappointed George Jason.
Minutes of Regular Meeting 20
Dania Beach City Commission
Tuesday, March 22,2005—7:00 p.m.
12.10 Police & Fire Pension Board— All positions (1 Commissioner & 3 residents — 2 Year
Term) (Cathy David does not want to serve another term.)
Commissioner Anton nominated Mayor Anne Castro as the Commission representative.
12.11 Unsafe Structures Board—3 positions (3 Year term)
Commissioner Anton recommended keeping Gene Bieber, Ken Burg and Steve Lupo.
12.12 Broward League of Cities — 1 Commissioner
Mayor Castro remarked she would be the representative, if there were no objections.
Commissioner Anton commented we need to have an Elected Official that sits on the Airport
Task Force. This position was held by Commissioner Mikes. Commissioner Anton volunteered
to fill the position.
Commissioner Anton moved to approve all the nominations; seconded by Vice-Mayor
Flury. The motion carried on the following 4-0 Roll Call vote:
Commissioner Anton Yes Vice-Mayor Flury Yes
Commissioner Bertino Absent Mayor Castro Yes
. Commissioner McElyea Yes
13. Administrative Reports
13.1 City Manager
City Manager Pato had no comments, other than to advise that we may need to change the date
of the Super Boat Race because of the Beach Re-nourishment Program. He advised the event
would need to be scheduled before May or after October.
13.1.1 Update on Pier Restaurant
This item was discussed after Item #11.1.
City Manager Pato remarked things are moving fast and he wanted Bonnie Temchuk to update
the Commission and ask for their support on something.
Bonnie Temchuk, Assistant to the City Manager, remarked we have been working very hard with
the Architects and the permitting companies to obtain our permits in Tallahassee, and we are
now ready to prepare to advertise for construction. She commented before we can advertise we
must bring in a Project Manager to oversee the entire project. She suggested allowing the City
• Manager to hire Design and Construction Solutions at a cost not to exceed $60,000. The
Minutes of Regular Meeting 21
Dania Beach City Commission
Tuesday, March 22,2005—7:00 p.m.
• company was the Project Manager for two City projects, Meli Park and Frost Park. She
indicated the Finance Director has identified $20,000 in the current budget and $40,000 would be
budgeted in FY 2006. She would like to bring a resolution forward at the next meeting to allow
the City Manager to hire Design and Construction Solutions as the Project Manager for the Pier
Restaurant.
City Attorney Ansbro noted the people who are doing the permitting in the State have strongly
urged us to use such a person with experience in coastal work. He advised he has completed all
the bid documents and several areas require the expertise of a Project Manager. He also urged
the Commission to support the request.
Vice Mayor Flury remarked Design Construction has done a fine job on both projects, and she
would make a motion to support this. However, she questioned if the funding should come from
money set aside for the Pier Restaurant.
Ms. Temchuk responded the money that was set aside did not include a Project Manager because
we had a Building Official who was going to be the Project Manager.
Commissioner McElyea questioned doing this without it being on the agenda.
City Attorney Ansbro responded there was no legal requirement.
Ms Temchuk clarified she is requesting to come back in two weeks with a resolution.
Item #10, Commission Comments was discussed after this item.
13.2 City Attorney
13.2.1 Update of the Sunshine Law and how it applies to City Boards
City Attorney Ansbro remarked we will need to watch to see what happens in the Legislature for
new exemptions. He commented we are concerned because some of the Board members,
whether they have been with us for a long time, or any new ones, are still not aware that the
Sunshine Law does apply to them. He advised two people on any Board cannot talk to each
other outside of a Board meeting on a subject that will come before the Board for a vote. He
reminded everyone that it is a misdemeanor offense and it is a problem for the City if we cannot
honor this. He advised the City Clerk has informational brochures that are available for all
Board members. He remarked we would be willing to provide a class to discuss the Sunshine
Law and how it applies to all Boards.
13.2.2 Citizens Request for use of City Equipment
City Attorney Ansbro commented he has been asked to speak about some issues that have arisen
and we need clarification from the Commission regarding the use of City equipment. He
indicated the request is usually for Fire Department equipment. He noted the City is not opposed
• to the use, however there is a concern about liability and that the equipment still needs to be
Minutes of Regular Meeting 22
Dania Beach City Commission
Tuesday, March 22,2005—7:00 p.m.
available for calls. We would like direction or a policy from the Commission on the use of City
equipment on City time when it is not a City event.
Vice Mayor Flury remarked have we forgotten how to say no. We are so worried about being
politically correct and making people happy that the taxpayers will have to pay a fortune if the
equipment goes out. She does not understand why the question arose. She remarked we want
the Fire Truck to deliver presents at Christmas because the Fire Department has to be very
community oriented.
Fire Chief Ken Land remarked if the Commission is comfortable with them doing this, he is fine
with it because he likes the PR. He indicated he is concerned about non-City functions.
Commissioner Anton remarked there should be an internal policy that requires Commission
approval for non-City functions.
City Manager Pato remarked this is his job and he will make the decision.
13.3 City Clerk—Reminders
Thursday, March 24, 2005 — 6:00 p.m. —Abatement Hearing
Friday, April 8, 2005 —2:00 p.m. —Pre-Budget Workshop
Tuesday, April 12, 2005 —7:00 p.m. —Regular Commission Meeting
• Thursday, April 14, 2005 — 7:00 p.m. —Pension Study Workshop
14. Adjournment
Mayor Castro adjourned the meeting at 9:50 p.m.
CIT�Y� OF DANIA BEACH
ATTEST: ANNE CASTRO
T MAYOR-COMMISSIONER
LOUISE STILSON
CITY CLERK
Approved: April 12, 2005
•
Minutes of Regular Meeting 23
Dania Beach City Commission
Tuesday, March 22,2005—7:00 p.m.