HomeMy WebLinkAbout2003-11-12 Regular City Commission Meeting Minutes MINUTES
DANIA BEACH CITY COMMISSION
REGULAR MEETING
NOVEMBER 12, 2003
1. CALL TO ORDER:
Mayor Anton called the meeting to order at 7:03 p.m.
2. INVOCATION AND PLEDGE OF ALLEGIANCE:
*Pastor Torrey Phillips, Gospel of Christ Ministries.
3. ROLL CALL:
Present:
Mayor: Bob Anton
Vice-Mayor: C.K. McElyea
Commissioners: Robert Chunn
Pat Flury
Bob Mikes
City Attorney: Tom Ansbro
City Manager: Ivan Pato
City Clerk: Charlene Johnson
4. PRESENTATIONS AND SPECIAL EVENT APPROVALS:
ITEM 4.1 WAS HEARD AFTER ITEM 4.2.
4.1 Presentation of "Certificate of Appreciation" to Puerto Rican Chamber of Commerce of
Broward County.
Commissioner Chunn spoke of the success the event brought to Dania Beach by the Puerto
Rican Chamber of Commerce of Broward County
ITEM 4.2 WAS HEARD BEFORE ITEM 4.1.
4.2 Presentation of "Salute to Veterans" by Gary Garofalo, Dania Beach American Legion
Post 304.
Gary Garofalo presented a poem honoring service men and women who have served in the
armed forces for this country.
5. PROCLAMATIONS:
5.1 Proclamation declaring November 12, 2003, as "Park 'N Fly Day" in the City of Dania
Beach.
Mayor Anton commented on the Grand Opening of the Park 'N Fly facility and noted that this
• looked to be a viable business for the City of Dania Beach.
MINUTES 1 NOVEMBER 12, 2003
CITY OF DANIA BEACH
s
. 5.2 Vice-Mayor McElyea commended the members of the Dania Historical Society, Terrill
McCombs, Faye Bartelmes, and others, for winning the "Most Outstanding Exhibit" in Davie
recently.
Faye Bartelmes showed the trophy that the Dania Historical Society had won for Most
Outstanding Exhibit for their scrapbook and display. She also noted that Terrill McCombs had
presented Vice-Mayor McElyea with an oak tree in memory of Carol McElyea.
Commissioner Flury commented that the Dania Historical Society had an outstanding booth that
was clearly the best exhibit and congratulated the Dania Historical Society on winning a well-
deserved first place.
6. CITIZENS' COMMENTS:
6.1 Vito Mancino, 314 SE 10 Street, asked that the City consider erecting a memorial in
memory of the people who lost their lives on September 11, 2001 in New York. He stated the
historical significance of the event and that Americans will never forget December 7, 1941, Pearl
Harbor Day, or September 11, 2001.
City Manager Pato stated that the original site suggested by Mr. Mancino was not feasible and
he thought that the City Commission should make the decision on where in the City to put a
monument or plaque for the 9/11 tragedy.
Mr. Mancino came forward to state his opinion that the monument should be placed inside City
• Hall so that people would see it when they come in and out of City Hall.
Commissioner Flury supported Mr. Mancino's suggestion.
City Manager Pato offered to work with Mr. Mancino to bring a proposal and design back to the
Commission.
Commissioner Mikes stated that he had submitted a photograph of a September 11`h memorial
to Bonnie Temchuk, Assistant to the City Manager, where an actual eyebeam of one of the
structures was used in the display. Commissioner Mikes thought that it would be a good idea to
use a piece from one of the structures in the display, if possible, to make the monument unique.
6.2 Charlene Scalese, 826 NE 13 Avenue, pleaded with the Commission and the public to
contact Broward County Commissioners to urge them to vote against the expansion of the south
runway at the airport. She stated that with the loss of the homes in Melaleuca. Gardens, one-
third of the City's tax base would be lost and the noise pollution would increase for all remaining
residents. She advised the public that the Broward County Commission would be meeting on
December 2 and December 9 to make a decision on the expansion of the South Runway.
6.3 Jay Field, Chairman of the Dania Beach Airport Advisory Board, asked for help from staff
or residents to host a computer website for the Airport Board. He urged anyone who could help
with this immediate need to call Dania Beach City Hall to volunteer. He stressed his opinion
and dissatisfaction with the Miami Herald's poll of the runway expansion. He urged Melaleuca
Garden residents to call their County Commissioners and warned the residents who live west
not to be content with a false sense of security. He felt the initial operation restrictions would
only be temporary and that it was only a matter of time before there would be 747s flying over
MINUTES 2 NOVEMBER 12, 2003
CITY OF DANIA BEACH
• their homes. He urged residents to attend the meetings and back the City Commission in
fighting the airport expansion.
6.4 Karen Gottlieb, 4473 Treasure Cove Drive, thanked everyone in the City Dania Beach
who helped her regarding a one million dollar "slap suit" filed against her by Gary Posner,
Treasure Cove Developer. She asked the Commission to do whatever they could to make sure
that this type of litigation would not be imposed on another citizen. She reported that at her
hearing the judge awarded a summary judgment in her favor. She thanked Florida Governor
Jeb Bush for establishing a Home Owners Association Task Force.
Ms. Gottlieb invited the public to attend a "Give Thanks for the Environment Day" sponsored by
Broward County Parks and Broward Audubon Society on Saturday, November 15, 2003. Also,
she invited residents to join a group of ecology students who had planned a protest against the
airport expansion of the south runway at Hollywood City Hall on December 1, 2003 from 3:30-
5:30 p.m.
Commissioner Chunn agreed with the comments from Mr. Field and Ms. Gottlieb regarding the
airport expansion and expressed concern that homes might be condemned and that the noise
decibel would increase in the community.
Commissioner Mikes commented on the new trend in Florida of increasing use of "slap suits" to
mute the rights of the homeowners who object to projects and development. He recalled a past
situation in Port Everglades that he was involved with, where they had to set up a corporation
because of the potential to be sued by a major developer. He felt that it should not be
necessary to develop a corporation to defend public opinion.
Commissioner Mikes also addressed the airport expansion issue and urged residents to get
involved. He spoke of how the commercial development areas subsidized the residential tax
base. He felt the Griffin Road corridor, the Melaleuca Gardens area all the way to 441, and
perhaps parts of the northeast section of the City could be threatened. He believed that it was
not just a matter of noise. He stated that no city had given more to the airport development and
received less than the City of Dania Beach. He felt that the waterways in the Melaleuca area of
Dania Beach provided a unique way of life for working class people. Although, he didn't want
people to panic, he stressed the need for residents to attend the meetings and get involved.
Mayor Anton reminded everyone of the December 2"d and December 9th, 2003 Broward County
Commission meetings and pointed out that the meetings begin at 10:00 a.m., however, he
urged everyone to get there by 9:00 a.m. because of parking. He also encouraged people to
use their e-mail, phones, editorials, and whatever other means they could to fight the issue.
ITEMS PULLED FROM THE CONSENT AGENDA: COMMISSIONER MIKES PULLED ITEMS 7.8 &
7.11. COMMISSIONER FLURY PULLED ITEM 7.6. MAYOR ANTON PULLED ITEM 7.4.
7. CONSENT AGENDA (INCLUDING EXPENDITURES):
7.1 Minutes:
O Approval of minutes for Regular Meeting of May 27, 2003.
® Approval of minutes for Special Abatement Meeting of September 18, 2003.
® Approval of minutes for Special (Final) Budget Meeting of September 24, 2003.
® Approval of minutes for Regular Meeting of October 14, 2003
MINUTES 3 NOVEMBER 12, 2003
CITY OF DANIA BEACH
• 7.2 Travel Expenditures: NONE
7.3 Bills: NONE
Resolutions —
7.5 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE
CITY MANAGER TO PURCHASE SERVICES IN AN AMOUNT NOT TO EXCEED
$25,000.00 TO REPAIR CHICKEE HUTS, LOCATED WITHIN THE BEACH AREA,
FROM CHICKEE HUTS, SOLE SOURCE PROVIDER, WITHOUT COMPETITIVE
BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
7.7 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE
CITY MANAGER TO CONTRACT FOR THE PURCHASE OF SUPPLIES, SERVICES,
EQUIPMENT AND MATERIALS FROM UTILITY SEALING SERVICES, INC. IN THE
AMOUNT OF $200,000.00 OVER EIGHT YEARS AT $25,000.00 PER YEAR, SOLE
SOURCE PROVIDER OF PRODUCTS NECESSARY FOR SEWER MANHOLE
REHABILITATION OF THE CITY'S SEWER SYSTEM, WITHOUT COMPETITIVE
BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
7.9 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE
CITY MANAGER TO EXPEND UP TO $50,000 AS DEEMS NECESSARY FOR
INFORMATIONAL PURPOSES WITH REGARD TO AIRPORT EXPANSION;
PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
ORDINANCES—Title to be read by City Attorney
7.10 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING "CROCODILLOS
PLAT", SUCH PROPERTY BEING GENERALLY LOCATED AT 4281 RAVENSWOOD
ROAD, IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A",
A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; ACCEPTING THE
DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS
SHOWN ON SUCH PLAT OF "CROCODILLOS PLAT"; PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST
READING)
7.12 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO
LANDSCAPING AND VEGETATION, AMENDING CHAPTER 26, "VEGETATION" OF
THE CITY CODE OF ORDINANCES BY CLARIFYING AND MODIFYING
REQUIREMENTS AND PROCEDURES FOR THE INSTALLATION AND REMOVAL OF
TREES AND OTHER VEGETATION IN ORDER TO ENSURE COMPLIANCE WITH
THE BROWARD COUNTY CODE OF ORDINANCES; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
(first reading)
7.13 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, CREATING SECTION
6-33.1 OF THE CITY CODE OF ORDINANCES TO BE ENTITLED "PARKING
CITATION SURCHARGE FOR SCHOOL CROSSING GUARD PROGRAM";
MINUTES 4 NOVEMBER 12, 2003
CITY OF DANIA BEACH
PROVIDING FOR THE IMPOSITION OF A SURCHARGE UPON FINES ASSOCIATED
WITH PARKING CITATIONS AS AUTHORIZED BY FLORIDA STATUTES FOR THE
FUNDING OF THE CITY SCHOOL CROSSING GUARD PROGRAM; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE. (first reading)
7.14 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE
CITY MANAGER TO PURCHASE ONE (1) 2004 FORD F-150 PICKUP TRUCK IN THE
AMOUNT OF $22,537.00 FROM THE STORMWATER FUND FROM MIKE DAVIDSON
FORD AND ONE (1) 2004 FORD F-250 SD PICKUP TRUCK IN THE AMOUNT OF
$27,818.00 FROM THE WATER FUND FROM DUVAL FORD UNDER FLORIDA
SHERIFFS ASSOCIATION & ASSOCIATION OF COUNTIES CONTRACT NO. 03-11-
0825, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR
BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
City Attorney Ansbro read the Ordinance titles for Items 7.10, 7.12, & 7.13.
A motion was made by Commissioner Chunn, seconded by Vice-Mayor McElyea,' to
approve the Consent Agenda with the exception of Items 7.4, 7.6, 7.8, & 7.11.
The motion passed on the following 5-0 roll call vote:
Commissioner Chunn—yes Vice-Mayor McElyea—yes
Commissioner Flury —yes Mayor Anton —yes
Commissioner Mikes —yes
ITEMS PULLED FROM THE CONSENT AGENDA .
7.4 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE
PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE
BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS, THE STILES
DEVELOPMENT COMPANY, AND THE CITY OF DANIA BEACH RELATING TO THE
MITIGATION OF IMPACTS FOR PROPERTY LOCATED AT 1300 SE 32ND STREET, IN
CONNECTION WITH THE "PHILLIPS INDUSTRIAL PARK" PLAT; SUBJECT TO
CERTAIN TERMS AND CONDITIONS; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
City Attorney read the resolution by title.
Mayor Anton was concerned about the mitigation of the wetlands. He questioned if the area
could be used as mitigation for the airport expansion.
Larry Leeds, Director of Community Development , read an e-mail received from the Broward
County Department of Planning and Environmental Protection and was satisfied that the e-mail
clearly answered the mitigation question, however, he preferred that the information be
presented on official letterhead from the County.
City Attorney Ansbro also preferred to have validation from the Broward County Attorney's
office.
MINUTES 5 NOVEMBER 12, 2003
CITY OF DANIA BEACH
. A motion was made by Commissioner Mikes, seconded by Vice-Mayor McElyea, to
continue item 7.4 until November 25, 2003.
The motion passed on the following 5-0 roll call vote:
Commissioner Chunn —yes Vice-Mayor McElyea—yes
Commissioner Flury—yes Mayor Anton —yes
Commissioner Mikes —yes
7.6 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A
RENEWAL OF AN AGREEMENT WITH GARDEN OF LOVE NURSERY OF SOUTH
FLORIDA, INC. FOR THE PURPOSE OF PROVIDING LANDSCAPING AND
GROUNDS MAINTENANCE SERVICES IN DESIGNATED AREAS WITHIN THE CITY
OF DANIA BEACH; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE
THE AGREEMENT ON BEHALF OF THE CITY OF DANIA BEACH; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Commissioner Flury was concerned that the original bid was two years old and she thought the
work should have to be re-bid.
In response to Commissioner Flury's concern, Michael Sheridan, Director of Public Services,
stated that the Garden of Love contract allowed for continuation and that staff did not re-bid the
service because the company was willing to continue at the same price. Director Sheridan
indicated that his department was very satisfied with the work being done.
• Commissioner Mikes agreed that it should have been re-bid; however, he thought that the
present arrangement had worked well and was satisfied with the work that was being done.
A motion was made by Commissioner Mikes, seconded by Commissioner Chunn, to
adopt the Resolution as recommended by staff.
The motion passed on the following 4-1 roll call vote:
Commissioner Chunn—yes Vice-Mayor McElyea—yes
Commissioner Flury— no Mayor Anton —yes
Commissioner Mikes —yes
7.8 A RESOLUTION OF THE CITY OF DANIA BEACH; EXPRESSING THE
MUNICIPALITY'S OFFICIAL INTENT TO FINANCE THE CONSTRUCTION AND
EQUIPPING OF THE FROST PARK RECREATION CENTER THROUGH THE
INCURRENCE OF DEBT AND TO UTILIZE THE PROCEEDS FROM SUCH DEBT TO
REIMBURSE THE MUNICIPALITY FOR EXPENDITURES MADE PRIOR TO THE
INCURRENCE OF SUCH DEBT; PROVIDING FOR PUBLIC AVAILABILITY OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
City Attorney read the title of the resolution.
Commissioner Mikes had a question about the quantity of input the City would have on the
architecture.
•
MINUTES 6 NOVEMBER 12, 2003
CITY OF DANIA BEACH
. Janet Palacino, President of Design and Construction Solutions, assured the City Commission
that the design-build team would meet with the public and staff before proceeding with the full-
fledged design and construction of the 6,000 square-foot recreation building. She promised that
staff and residents would have plenty of opportunity for input.
A motion was made by Commissioner Chunn, seconded by Commissioner Flury, to
adopt the Resolution.
The motion passed on the following 5-0 roll call vote:
Commissioner Chunn—yes Vice-Mayor McElyea—yes
Commissioner Flury—yes Mayor Anton —yes
Commissioner Mikes —yes
7.11 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE
ZONING APPENDIX OF THE CITY CODE OF ORDINANCES, SECTION 33-40
"REGULATION AND USE OF WATERWAYS AND FACILITIES RELATED THERETO"
OF THE CITY CODE OF ORDINANCES; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (first reading)
City Attorney Ansbro read the Ordinance title.
Commissioner Mikes wanted to suggest some changes in the wording and asked Community
Director Leeds to introduce the subject.
• Laurence Leeds, Director of Community Development Department, explained that the City
Commission suggested that the portion of the City code dealing with the mooring and dolphin
poles be amended to be subject to the same encroachment restrictions as docks or boatlifts.
The current code allowed that mooring and dolphin poles may extend to 30 percent of the canal
width. The concern was that if they extended 30 percent on each side of the canal, it would
create a hazard to navigation. He stated that the Marine Advisory Board recommended against
creating an exception for mooring/dolphin poles in the Dania Cut-Off Canal. He also stated that
the Planning and Zoning Board recommended approval of the ordinance.
Commissioner Mikes wanted to grandfather in existing docks and finger piers in the Dania Cut-
Off Canal allowing those residents to add a dolphin pole without a variance with the condition
that the dolphin pole would not extend farther than the existing dock.
Mayor Anton clarified that there was an irregular bank along that canal and existing piers did not
extend into the navigable waterway. Although he was opposed to dolphin poles extending past
the current docks, he agreed with Commissioner Mikes that the existing docks, many of which
had been there for over 40 years, did not create a problem.
Commissioner Mikes recommended that the first paragraph, number 3 of the staff report be
amended to read as follows: "Dolphin poles located along the Dania Cut-Off Canal would be
required to comply with these requirements, Dania Canal docks in place as of the date of this
ordinance would be allowed dolphin pilings, which do not extend beyond their existing dock
length."
MINUTES 7 NOVEMBER 12, 2003
CITY OF DANIA BEACH
• A motion was made by Commissioner Mikes, seconded by Commissioner Chunn, to
amend the ordinance by incorporating the wording as suggested by Commissioner
Mikes.
The motion passed on the following 5-0 roll call vote:
Commissioner Chunn —yes Vice-Mayor McElyea—yes
Commissioner Flury—yes Mayor Anton —yes
Commissioner Mikes —yes
A motion was made by Commissioner Flury, seconded by Commissioner Chunn, to
adopt the Ordinance on first reading as amended.
The motion passed on the following 5-0 roll call vote:
Commissioner Chunn—yes Vice-Mayor McElyea —yes
Commissioner Flury—yes Mayor Anton —yes
Commissioner Mikes —yes
8. BIDS AND REQUESTS FOR PROPOSALS:
8.1 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE
PROPER CITY OFFICIALS TO EXECUTE THE FROST PARK RECREATIONAL
BUILDING DESIGN/BUILD CONTRACT WITH COASTAL CONTRACTING AND
DEVELOPMENT, INC. IN THE AMOUNT OF $833,000.00; PROVIDING FOR
• CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Janet Palacino, President of Design and Construction Solutions, summarized the information
contained in the back-up material. She advised that the State of Florida requirements for
selecting a design build firm were followed which resulted in the recommendation. She also
reiterated that the project design would be reviewed by public and staff.
A motion was made by Commissioner Flury, seconded by Commissioner Mikes, to adopt
the Resolution approving the agreement with Coastal Contracting & Development.
The motion passed on the following 5-0 roll call vote:
Commissioner Chunn —yes Vice-Mayor McElyea—yes
Commissioner Flury—yes Mayor Anton — yes
Commissioner Mikes —yes
9. PUBLIC HEARINGS AND SITE PLANS:
At this time, City Attorney Ansbro advised that the next two applications under the Public
Hearing section are Quasi-judicial matters and that all witnesses wishing to speak must be
sworn in and that the City Commission, in accordance with the Jennings Ruling, must report all
communications. City Attorney Ansbro presented an Oath to everyone who expected to speak
on the requests.
i Continued from 9/23/03, 10/14/03 and 10/28/03 Commission Meetings
9.1 a) VA-43-03 — Request for Variance approval by Daniel Sawicki, Stirling, LLC, a
MINUTES 8 NOVEMBER 12, 2003
CITY OF DANIA BEACH
• Florida Limited Liability Company (Forest View), for the construction of 12 single family
homes generally located east of SW 351h Terrace and west of SW 35th Avenue along
Stirling Road.
A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE
REQUEST SUBMITTED BY DANIEL SAWICKI, STIRLING, LLC., A FLORIDA LIMITED
LIABILITY COMPANY (FOREST VIEW), FROM THE BROWARD COUNTY ZONING
CODE, SECTION 39-81 AND SECTION 39-281; FOR PROPERTY GENERALLY
LOCATED EAST OF SW 35T" TERRACE AND WEST OF SW 35T" AVENUE ALONG
STIRLING ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
b) SP-37-03 — Request for Site Plan approval by Daniel Sawicki, Stirling, LLC, a
Florida Limited Liability Company (Forest View), for the construction of 12 single family
homes generally located east of SW 35th Terrace and west of SW 351h Avenue along
Stirling Road.
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE
PLAN REQUEST SUBMITTED BY DANIEL SAWICKI, STIRLING, LLC., A FLORIDA
LIMITED LIABILITY COMPANY (FOREST VIEW), FOR PROPERTY GENERALLY
LOCATED EAST OF SW 35T" TERRACE AND WEST OF SW 35T" AVENUE ALONG
STIRLING ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
The Variance and Site Plan requests were read by City Attorney Ansbro.
Community Director Leeds reminded the Commission that there were four variances related to
this issue. The primary issue was whether or not the petitioner is obligated to reduce the
number of homes from 12 to 11 as the Commission requested. He further advised that City
Attorney Ansbro had researched this issue since the last hearing.
City Attorney Ansbro reported that he had contacted the Broward County Attorney's office
because this property was in the new annexation area and was subject to County codes until
the City rezoned these properties, which Community Director Leeds was in the process of
doing. Although these homes would have needed a variance under the City code, there was no
variance needed for the minimum lot size under Broward County Code. He stated that until City
laws apply, the City had to be fair to the applicant and include the access road in the lot sizes.
Community Director Leeds reviewed the three remaining variances. He stated that the Planning
and Zoning Board recommended approval of the three remaining variances, subject to eight
conditions indicated in the staff report; and approval of the site plan, subject to seven conditions.
Mayor Anton asked if the applicant would like to speak.
Pamela Mase, Synalovski, Gutierrez, Romanik Architects, representing the applicant, Global
Development, explained the details of the three variance requests.
Mayor Anton opened the public hearing. Hearing no one speak in favor or opposition, Mayor
Anton closed the public hearing.
•
MINUTES 9 NOVEMBER 12, 2003
CITY OF DANIA BEACH
• In response to Commissioner Mike's question, Community Director Leeds stated that staff had
received no comments from residents.
Vice-Mayor McElyea confirmed that the three other variances were necessary.
Community Director Leeds reminded the applicant that they would need to submit a new survey
and a copy of the site plan to move the line so that it met the County code requirements relative
to the location of the street.
Commissioner Chunn confirmed that the applicant agreed with the conditions in the staff report.
Commissioner Flury thought it was a good project for the City.
A motion was made by Commissioner Flury, seconded by Commissioner Chunn, to
adopt the Resolution approving variance (VA-43-03) with the following conditions: 1)
Identify the internal clear garage space (18' x 18') in the homeowners' association
documents for purpose of disclosure; 2) Minimum water main size supplying hydrants
must be 8" with a 6: tap (Fire Marshall); 3) Must provide a 7.5" clearance in front and to
the sides of the fire hydrants (Fire Marshall); 4) Provide type "D" curbing on both sides of
the Private Street or other suitable materials approved by the Public Services Director to
protect vegetation. 5: Final plat to be recorded prior to issuance of any building permits
and site plan to be consistent with plat; 6) The HOA documents shall reflect that back
yards shall be used for drainage; 7) Applicant shall erect no parking signs (fire lane), if
requested by the Fire-Marshall, along the private road; 8) Removal of temporary
construction sign prior to issuance of the last certificate of occupancy.
The motion passed on the following 3-2 roll call vote:
Commissioner Chunn—yes Vice-Mayor McElyea — no
Commissioner Flury—yes Mayor Anton —yes
Commissioner Mikes — no
Community Development Director Leeds stated that the Planning and Zoning Board
recommended approval of the Site Plan subject to seven conditions.
A motion was made by Commissioner Chunn, seconded by Commissioner Flury, to
adopt the resolution approving Site Plan (SP-37-03) with the following conditions: 1)
Identify the internal clear garage space (18' x 18') in the homeowners' association
documents for purpose of disclosure; 2) Minimum water main size supplying hydrants
must be 8" with a 6: tap (Fire Marshall); 3) Must provide a 7.5" clearance in front and to
the sides of the fire hydrants (Fire Marshall); 4) Provide type "D" curbing on both sides of
the Private Street or other suitable materials approved by the Public Services Director to
protect vegetation. 5: Final plat to be recorded prior to issuance of any building permits
and site plan to be consistent with plat; 6) The HOA documents shall reflect that back
yards shall be used for drainage; 7) Applicant shall erect no parking signs (fire lane), if
requested by the Fire-Marshall, along the private road.
The motion passed on the following 3-2 roll call vote:
Commissioner Chunn —yes Vice-Mayor McElyea — no
Commissioner Flury—yes Mayor Anton —yes
MINUTES 10 NOVEMBER 12, 2003
CITY OF DANIA BEACH
• Commissioner Mikes — no
9.2 SP-38-03 — A Site Plan modification request by Rabbi Andrew Skurowitz, on behalf of
Brauser Maimonides Academy, for property located at 5300 SW 40th Avenue.
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
MODIFICATIONS TO THE APPROVED SITE PLAN SUBMITTED BY SYNALOVSKI
GUTIERREZ ROMANIK ARCHITECTS, INC. REPRESENTING RABBI ANDREW
SKUROWITZ ON BEHALF OF MAIMONIDES SHALOM ACADEMY, INC., FOR
PROPERTY LOCATED AT 5300 SW 40TH AVENUE, DANIA BEACH; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Corrine Church, Community Development Department, outlined the requested modifications to
the original site plan. She stated that staff recommended approval of the applicant's request to
modify the site plan with the three remaining conditions; one condition concerning landscaping
had already been addressed.
Pamela Mase, Synalovski, Gutierrez, Romanik Architects, on behalf of Brauser Maimonides
Academy, commented on how they intended to comply with the conditions.
Mayor Anton opened the public hearing. Hearing no one,.speak in favor or opposition, Mayor
Anton closed the public hearing.
A motion was made by Vice-Mayor McElyea, seconded by Commissioner Chunn, to
adopt the resolution approving the Site Plan (SP-38-03) with the following conditions: 1)
Indicate the highest elevation on the adjacent east property line, in order to determine
the slope of the 10" buffer (NOTE: The maximum elevation drop must be 6" to 8" on all
landscape buffers; 2) Landscape consultants to verify condition of Oak and Banyan trees
prior to issuance of any tree removal permits, including payment of tree removal fees if
applicable; 3) The applicant must clarify type and height of hedge to be planted inside
the wall located on the north lot line.
The motion passed on the following 5-0 roll call vote:
Commissioner Chunn —yes Vice-Mayor McElyea—yes
Commissioner Flury—yes Mayor Anton —yes
Commissioner Mikes —yes
10. COMMISSION COMMENTS:
10.1 Commissioner Chunn — NONE.
10.2 Commissioner Flury advised that she had received a letter from a gentleman along with
a petition requesting that the City bus service be extended to weekends. She asked staff to take
a look at the utilization of the bus service and come back with a recommendation.
Commissioner Flury stated she was unhappy that the Graves Museum had to leave the City and
asked City Manager Pato to research any alternatives that the City may have to help keep the
Museum in Dania Beach.
•
MINUTES 11 NOVEMBER 12, 2003
CITY OF DANIA BEACH
City Manager Pato advised that he had met with Ms. Graves and her daughter several months
ago and that he would be willing to meet with them again to discuss the proposed move to Boca
Raton.
Commissioner Flury questioned whether or not the November 181h workshop would include a
comprehensive review of the entire southwest section or would it address only the closing of SW
2 Avenue. She felt it would not be necessary to have the workshop unless the broad impact to
the entire area was going to be explored.
The Commission agreed that a traffic assessment of the whole area was needed.
City Manager Pato advised that there would be a Powerpoint presentation addressing the entire
area, but warned that it would take time to conduct the traffic studies.
10.3 Commissioner Mikes wanted to add more local issues to the legislative priority list,
specifically, working with FAU on the possibility of recovering the Beach Marina for the City. He
also suggested that Broward County or other cities might be able to help with the Graves
Museum situation.
Commissioner Mikes announced again the free trees available at the Anne Kolb Nature Center
on November 15, 2003.
Commissioner Mikes asked staff to report back on a petition to have a portion on Meli Park
designated as a dog park.
• 10.4 Vice-Mayor McElyea — NONE.
10.5 Mayor Anton asked staff to check into an issue of the overgrown property behind the
Estates of Fort Lauderdale. Director Mike Sheridan advised that he had determined that it was
privately owned by Hollywood Oaks and that he would call Hollywood Code Enforcement for
assistance.
Mayor Anton anticipated that the December 9, 2003 Airport Expansion meeting might be moved
to an evening which would create a conflict with the City of Dania regular meeting. He
suggested that the Commission meeting be moved to December 8 to accommodate that
possibility.
A motion was made by Commissioner Chunn, seconded by Vice-Mayor McElyea, to move
the December 9, 2003 meeting to December 8, 2003.
The motion passed on the following 5-0 roll call vote:
Commissioner Chunn— yes Vice-Mayor McElyea —yes
Commissioner Flury—yes Mayor Anton —yes
Commissioner Mikes —yes
11. DISCUSSION AND POSSIBLE ACTION:
11.1 Discussion of canceling December 23, 2003, regular meeting due to holidays. (City
Clerk)
MINUTES 12 NOVEMBER 12, 2003
CITY OF DANIA BEACH
A motion was made by Commissioner Chunn, seconded by Vice-Mayor Flury, to cancel
December 23, 2003 meeting.
The motion passed on the following 5-0 roll call vote:
Commissioner Chunn— yes Vice-Mayor McElyea—yes
Commissioner Flury—yes Mayor Anton —yes
Commissioner Mikes —yes
11.2 Discussion of establishing a fee for lobbyist registration. (City Clerk)
City Clerk Johnson mentioned that the City of Miramar charges $100 for each lobbyist
registration and that the City Commission may wish to establish a fee.
The general consensus of the Commission was to raise the fee to $100.
City Attorney Ansbro advised he would bring back an ordinance amending the Code section.
11.3 Discussion of increasing Lien Inquiry fees. (City Clerk)
City Clerk Johnson advised that there had been no increase in the Lien Inquiry fees since 1991.
Finance Director Patricia Varney presented comments on the annual revenue and felt a 48-hour
turn-around fee would not be possible for staff to accomplish until the process is fully
• computerized.
Commission consensus was to raise the Lien Inquiry fee to $50.00 with no turn-around time
specified.
City Attorney Ansbro advised he would bring back an ordinance amendment.
11.4 Discussion of attendance and designation of Delegate and Alternate Voting Delegates
for National League of Cities on December 13, 2003, in Nashville, Tennessee. (City Clerk)
No Commissioners were interested in attending the National conference.
12. APPOINTMENTS: (SEE ITEMS 12.2 AND 12.4)
12.1 Appointment of 1 Alternate member to the Code Enforcement Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE
APPOINTMENT OF ONE (1) ALTERNATE MEMBER TO THE CODE ENFORCEMENT BOARD;
PROVIDING THAT SAID MEMBER SHALL COMPLETE A THREE (3) YEAR TERM EXPIRING
SEPTEMBER 7, 2004; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE."
12.2 Appointment of 1 member to the Human Relations Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE
APPOINTMENT OF A MEMBER TO THE "HUMAN RELATIONS BOARD"; PROVIDING THAT SAID
MEMBER SHALL SERVE A TWO (2) YEAR TERM EXPIRING 12:00 NOON, MARCH 15, 2005;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE".
MINUTES 13 NOVEMBER 12, 2003
CITY OF DANIA BEACH
• Commissioner Flury appointed Ruby Ferguson.
12.3 Appointment of 1 member to the Marine Advisory Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE
APPOINTMENT OF A MEMBER TO THE "MARINE ADVISORY BOARD"; PROVIDING THAT SAID
MEMBER SHALL SERVE A TWO (2) YEAR TERM EXPIRING 12:00 NOON, MARCH 15, 2005;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE".
12.4 Appointment of 1 member to the Parks, Recreation & Community Advisory Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE
APPOINTMENT OF A MEMBER TO THE "PARKS, RECREATION & COMMUNITY ADVISORY BOARD";
PROVIDING THAT SAID MEMBER SHALL SERVE A TWO (2) YEAR TERM EXPIRING 12:00 NOON,
MARCH 15, 2005; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE".
Vice-Mayor McElyea appointed Terrill McCombs.
12.5 Appointment by Commission of a member for R/E Property Manager position on the
Unsafe Structures Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE
APPOINTMENT OF A MEMBER TO THE REAL ESTATE PROPERTY MANAGER POSITION TO THE
UNSAFE STRUCTURES BOARD; PROVIDING THAT THIS MEMBER SHALL SERVE A THREE (3) YEAR
TERM BEGINNING MARCH 12, 2003, AND ENDING MARCH 11, 2006; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE."
A motion was made by Commissioner Flury, seconded by Commissioner Mikes, to adopt
the resolutions confirming the two appointments presented.
The motion passed on the following 5-0 roll call vote:
Commissioner Chunn — yes Vice-Mayor McElyea—yes
Commissioner Flury—yes Mayor Anton —yes
Commissioner Mikes —yes
13. ADMINISTRATIVE REPORTS:
13.1 City Manager — City Manager Pato read a letter from Sheriff Ken Jennie urging pizza
delivery companies to reconsider deliveries in certain areas of Dania Beach based on new
crime statistics.
Commissioner Mikes commented that in the past there were some undesirable areas that were
dangerous and stressed the need to change the image of those areas.
Commissioner Mikes commented on the positive reaction from City Managers with the City's
hosting of the Florida League of Cities Board of Directors meeting at DCOTA. He thanked Joan
Kearns, DCOTA, for allowing Dania Beach to use the facility for the event.
13.2 City Attorney-NONE
13.3 City Clerk— Meeting Reminder:
MINUTES 14 NOVEMBER 12, 2003
CITY OF DANIA BEACH
November 25, 2003 7:00 p.m. Regular Meeting
14. ADJOURNMENT
The meeting adjourned at 8:55 p.m.
OB A TON
MAYOR-COMMISSIONER
ATTEST:
CHARLENE JO N ON
CITY CLERK
Respectfully submitted by Jill Fiorentino
APPROVED: January 13, 2004
MINUTES 15 NOVEMBER 12, 2003
CITY OF DANIA BEACH