HomeMy WebLinkAbout1170 - MINUTES - City Commission MINUTES OF REGULAR MEETING
DANIA BEACH CITY COMMISSION
TUESDAY, NOVEMBER 14, 2006 - 7:00 P.M.
1. Call to Order
Mayor Flury called the meeting to order at 7:00 p.m.
2. Invocation and Pledge of Allegiance
Rabbi Avram Skurowitz, Maimonides Academy, gave the Invocation followed by the Pledge of
Allegiance to the United States Flag.
3. Roll Call
Present:
Mayor: Patricia Flury
Vice-Mayor: Bob Anton
Commissioners: John Bertino
Anne Castro
Paul Fetscher
City Manager: Ivan Pato
City Attorney: Thomas Ansbro
City Clerk: Louise Stilson
4. Presentations and Special Event Approvals
4.1 Status report on the recommendations made by the Neighborhood Improvements
Advisory Board—City Manager Pato
City Manager Pato listed the timeline of events since the Bond Referendum was approved by the
voters on March 8, 2005, as follows:
• May 24, 2005 -Neighborhood Improvements Advisory Board (NIAB) created
® June, 2006—NIAB submitted its final report to the City Commission
® June 23, 2006—City Manager submitted his report to staff for review and cost estimates
® August 2, 2006—City Manager reported cost estimates to the City Commission
® November 1, 2006— Staff submitted RFP's to the City Attorney for review
m November 9, 2006 — City Attorney sent RFP's back to the Public Services Department
for final comments. He indicated the RFP's for design would come before the
Commission in December and work should begin mid-July, 2007.
City Manager Pato further noted that projects would include sidewalks, traffic calming devices
and lighting. The neighborhoods that would benefit from these funds would be:
LeBeau Acres Estates of Fort Lauderdale
Ravenswood Estates Davis Isles
Gold Coast Twin Villas Avon Heights
Avon Park SW 40th Avenue area
Playland Isles Melaleuca Gardens
College Gardens Dania Beach Heights
Old Northwest, SE 5th Avenue
Nature's Cove
Dominic Orlando, Director of Public Services, explained that a survey must be done before new
sidewalks are constructed. He advised that traffic lights requested by some neighborhoods
would not be included in the Bond issue, but they need to be done through Broward County or
FDOT. Director Orlando indicated that a bid for solar lighting would be advertised next week to
address the needs in the west section of the City.
Mayor Flury requested an update on the SW 2nd Avenue traffic situation.
City Manager Pato responded some work had begun; however, we have complicated issues with
FDOT regarding approvals for the City. He clarified, for the record, that we have not dragged
our feet.
Scott Bruner, Calvin Giordano and Associates, indicated FDOT is cooperating and wants to meet
with us to coordinate the 2nd Avenue improvements as part of their project.
Mayor Flury commented that if the process is held up by FDOT, we should put the temporaries
back up. She remarked the City Hall project is the lowest priority and is the only one moving
along.
4.2 Update on status of Fire Station#93 —Deputy Fire Chief Mike Cassano
Deputy Fire Chief Cassano noted the project is on schedule. They are hoping to get the plans
back from the County in 2-4 months and put it out to bid in the first quarter of 2007.
5. Proclamations
5.1 Jaxson's Ice Cream Parlor Restaurant and Country Store Month
Mayor Flury and the City Commission presented a proclamation to Monroe Udell for his 50
years of business at Jaxson's Ice Cream Parlor. She advised Jaxson's would have a special event
on Saturday,November 18th
Minutes of Regular Meeting 2
Dania Beach City Commission
Tuesday,November 14,2006—7:00 p.m.
• Marylynne noted the event would take place between 7:00 p.m.-10:00 p.m. They are raising
money for an oscillating resuscitator for Joe DiMaggio Children's Hospital. She invited
everyone to attend the event.
Commissioner Castro asked if Item#11.3 could be pulled to the front of the agenda.
Mayor Flury noted she would pull Item #11.2 and Item�#11.3 and hear them after Citizen
Comments.
6. Citizen Comments
Kurt Ely, 245 SW I" Avenue, noted the Commission should look at the way City Board terms
expire. He asked that the ordinance be changed and suggested the terms expire 90 days after an
election. Mr. Ely commented the I.T. Parker Community Advisory Board has received requests
for fee waivers on the use of the facility from non-Dania, non-profit organizations. He clarified
that the Board recommends waivers only if they are events that benefit Dania Beach.
Chickie Brandimarte, 101 SE P Avenue, noted there are changes in the City and she feels good
with this Commission. She added that the Commission is facing challenges for Dania Beach and
she is proud to see what is going on in this town, including the development at Jai Alai.
Lisa Young, representing Dania Beach Heights Association, noted their Civic Association would
• have their Annual Thanksgiving Feast at City Hall on Monday, November 20t", at 7:00 p.m., and
invited everyone to attend. She also expressed their support for Boyd Gaming in their pursuit of
Dania Jai Alai and the Fire Department in the request they are presenting tonight.
Item #11.3 was heard after Citizen Comments
The Consent Agenda was heard after Item #11.2
7. Consent Agenda
Items removedfrom Consent Agenda: #7.3, #7.9, #7.14
7.1 Minutes:
Approve minutes of the October 24, 2006 Regular City Commission Meeting
7.2 Travel Requests:
Travel request of City Manager Ivan Pato to attend the National Council of Legislators from
Gaming States (NCLGS) Conference in the Florida Keys from January 11-14, 2007. (Estimated
cost $1,062 —Remaining Budget $12,538)
7.3 Request by Jay Kodner for an Occupational License and Auctioneer's License for
property located at 6 S. Federal Highway, Dania Beach, Florida.
Minutes of Regular Meeting 3
Dania Beach City Commission
Tuesday,November 14,2006—7:00 p.m.
• Mayor Flury asked if the building was.complete and if the shutters would be opened.
Laurence Leeds, Director of Community Development, advised the shutters are open during the
day. He suggested the Commission adopt an ordinance to address shutters.
It was the consensus of the Commission to direct the City Attorney to prepare an ordinance
concerning the removal of hurricane shutters.
Commissioner Bertino motioned to approve the Occupational License and Auctioneer's
License request for Jay Kodner, for property located at 6 S. Federal Highway; seconded by
Commissioner Castro. The motion carried on the following 5-0 Roll Call vote:
Commissioner Bertino Yes Vice-Mayor Anton Yes
Commissioner Castro Yes Mayor Flury Yes
Commissioner Fetscher Yes
Resolutions
7.4 RESOLUTION #2006-191
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY
OFFICIALS TO EXECUTE A RENEWAL OF AN AGREEMENT WITH THE CHILDREN'S SERVICES
COUNCIL OF BROWARD COUNTY UNDER THE M.O.S.T. (MAXIMIZING OUT-OF-SCHOOL TIME)
GRANT PROGRAM; APPROVING ENTRY INTO AN AGREEMENT BETWEEN AFTER SCHOOL
PROGRAMS, INC. AND THE CITY OF DANIA BEACH, IN CONJUNCTION WITH THE GRANT
AGREEMENT, TO PROVIDE AFTER SCHOOL PROGRAM STAFFING SERVICES, INCLUDING, BUT NOT
LIMITED TO ADVERTISING, INTERVIEWING, PROVIDING REQUIRED SCREENING AND TESTING
SERVICES, AND REPLACEMENT OF CANDIDATES, UNDER THE SUPERVISION OF THE CITY OF
DANIA BEACH PARKS AND RECREATION DEPARTMENT; CONFIRMING THAT SPECIAL CONDITIONS
EXIST IN ORDER TO SECURE SUCH SERVICES WITH AFTER SCHOOL PROGRAMS, INC., WITHOUT
COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
7.5 RESOLUTION #2006-164
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
ENVIRONMENTAL REAGENT SERVICE, IN AN AMOUNT NOT TO EXCEED $40,000.00 IN FISCAL YEAR
06/07, UNDER SOUTHEAST FLORIDA CO-OP PURCHASING GROUP CONTRACT #R-2002-184;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
7.6 RESOLUTION #2006-165
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO
PURCHASE SODIUM HYPOCHLORITE FROM ALLIED UNIVERSAL CORPORATION, IN AN AMOUNT
NOT TO EXCEED $80,000,00 IN FISCAL YEAR 06/07, UNDER PALM BEACH COUNTY COOPERATIVE
GROUP BID #05-093/CB; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
•
Minutes of Regular Meeting 4
Dania Beach City Commission
Tuesday,November 14,2006—7:00 p.m.
7.7 RESOLUTION #2006-166
• A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO
PURCHASE BULK HIGH-CALCIUM QUICKLIME FROM CARMEUSE LIME, INC., IN AN AMOUNT NOT
TO EXCEED $75,000.00 IN FISCAL YEAR 06/07, UNDER THE CARMEUSE PROPOSAL OF CITY OF
TAMARAC BID #06-33B; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
7.8 RESOLUTION #2006-196
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, ADOPTING A
WATER CONSERVATION PLAN; MAKING FINDINGS; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
Ordinances (Titles read by City Attorney)
7.9 ORDINANCE 42006-040
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA
PERTAINING TO WATER AND SEWER SYSTEM IMPACT FEES; REPEALING ARTICLE VII, "WATER
AND SEWER IMPACT FEES" OF CHAPTER 27 ("WATER AND SEWERS") OF THE CITY CODE OF
ORDINANCES, CONSISTING OF SECTIONS 27-201 TO 27-207, INCLUSIVE; ESTABLISHING A NEW
ARTICLE 7 TO BE ENTITLED "WATER SYSTEM AND SEWER SYSTEM IMPACT FEES"; PROVIDING
FOR DEFINITIONS, RULES OF CONSTRUCTION AND FINDINGS, PROVIDING FOR IMPOSITION OF
IMPACT FEES; PROVIDING FOR PAYMENT AND USE OF PROCEEDS; ALLOWING AN ALTERNATIVE
FEE CALCULATION; PROVIDING EXEMPTIONS; PROVIDING FOR COLLECTION OF IMPACT FEES
UPON CHANGES IN SIZE AND USE; PROVIDING FOR A DEVELOPER CONTRIBUTION CREDIT;
PROVIDING FOR PAYMENT AND COLLECTION OF IMPACT FEES; PROVIDING FOR REVIEW
HEARINGS; REQUIRING ANNUAL REVIEW; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)
City Attorney Ansbro read the title of Ordinance #2006-040.
Mayor Flury asked if these were the updated Impact Fees.
City Attorney Ansbro responded in the affirmative and added these are the new proposed rates
and are the maximum the City can charge. He clarified the new rates would become effective 90
days after adoption of the ordinance.
Commissioner Bertino motioned to adopt Ordinance #2006-040, on first reading; seconded
by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote:
Commissioner Bertino Yes Vice-Mayor Anton Yes
Commissioner Castro Yes Mayor Flury Yes
Commissioner Fetscher Yes
7.10 ORDINANCE #2006-034
• AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST
SUBMITTED BY WILLIAM B. BIGGER, III (RZ-67-06), FOR PROPERTY LOCATED AT 2501 STATE ROAD
Minutes of Regular Meeting 5
Dania Beach City Commission
Tuesday,November 14,2006—7:00 p.m.
84, IN THE CITY OF DANIA BEACH, FLORIDA, WHICH PROPERTY IS LEGALLY DESCRIBED IN
EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT
ZONING CLASSIFICATION OF THE PROPERTY FROM C-3 (COMMERCIAL), TO MA-1 (MARINA MILE),
SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)
7.11 ORDINANCE 42006-035
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST
SUBMITTED BY JOHN A VERKEY(RZ-66-06), FOR PROPERTY LOCATED AT 2200 STATE ROAD 84, IN
THE CITY OF DANIA BEACH, FLORIDA, WHICH PROPERTY IS LEGALLY DESCRIBED IN EXHIBIT"A",
A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING
CLASSIFICATION OF THE PROPERTY FROM IROM (INDUSTRIAL RESEARCH OFFICE MARINE), TO
MA-1 (MARINA MILE), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST
READING)
7.12 ORDINANCE #2006-036
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST
SUBMITTED BY JOSEPH J. RUBANO (RZ-64-06), FOR PROPERTY LOCATED AT 2501 STATE ROAD 84,
IN THE CITY OF DANIA BEACH, FLORIDA, WHICH PROPERTY IS LEGALLY DESCRIBED IN EXHIBIT
"A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING
CLASSIFICATION OF THE PROPERTY FROM C-3 (COMMERCIAL),TO MA-1 (MARINA MILE),SUBJECT
TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)
7.13 ORDINANCE#2006-037
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST
SUBMITTED BY JOSEPH J. RUBANO (RZ-65-06), FOR PROPERTY LOCATED AT 2555 AND 2565 STATE
ROAD 84, IN THE CITY OF DANIA BEACH, FLORIDA, WHICH PROPERTY IS LEGALLY DESCRIBED IN
EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT
ZONING CLASSIFICATION OF THE PROPERTY FROM IROM (INDUSTRIAL RESEARCH OFFICE
MARINE), TO MA-1 (MARINA MILE), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
(FIRST READING)
7.14 ORDINANCE #2006-038
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA CREATING
SECTION 27-37, ENTITLED "PERMANENT RESTRICTIONS FOR LAWN AND LANDSCAPING
IRRIGATION"; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)
City Attorney Ansbro read the title of Ordinance #2006-038.
Mayor Flury asked if this was a different plan than the one we already have. She thought the
residents should be informed of any changes.
•
Minutes of Regular Meeting 6
Dania Beach City Commission
Tuesday,November 14, 2006—7:00 p.m.
Dominic Orlando, Director of Public Services, advised that the water use permit renewal requires
the implementation of this plan. He also noted that the watering restrictions now apply between
the hours of 9:00 p.m. and 9:00 a.m.
City Manager Pato advised notices are being prepared for mailing with the water bills.
Commissioner Castro motioned to adopt Ordinance #2006-038, on first reading; seconded
by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote:
Commissioner Bertino Yes Vice-Mayor Anton Yes
Commissioner Castro Yes Mayor Flury Yes
Commissioner Fetscher Yes
Item #9.10 was heard after Item #7.14
7.15 ORDINANCE #2006-039
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY CODE OF
ORDINANCES, CHAPTER 28 "ZONING," ARTICLE 28 "SIGNS", TO PROVIDE THAT TEMPORARY
POLITICAL SIGNS SHALL NOT BE POSTED PRIOR TO THE DATE OF QUALIFICATION OF THE
CANDIDATE OR BALLOT ISSUE TO WHICH THEY PERTAIN; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; FURTHER PROVIDING FOR AN EFFECTIVE DATE. (FIRST
READING)
Commissioner Bertino motioned to approve the Consent Agenda, with the exception of
Items 117.3, #7.9, and #7.14; seconded by Vice-Mayor Anton. The motion carried on the
following 5-0 Roll Call vote:
Commissioner Bertino Yes Vice-Mayor Anton Yes
Commissioner Castro Yes Mayor Flury Yes
Commissioner Fetscher Yes
8. Bids and Requests for Proposals
There were no proposals at this meeting.
9. Public Hearings and Site Plans
Item #9.1 was heard after Item #9.10
9.1 ORDINANCE #2006-032
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY CODE OF
ORDINANCES, CHAPTER 29 "LAND DEVELOPMENT," ARTICLE II "DETERMINING CONSISTENCY
WITH THE CITY/COUNTY COMPREHENSIVE PLAN", TO ADOPT BROWARD COUNTY
METHODOLOGY FOR COMPLIANCE WITH CHAPTER 163.3180, FLORIDA STATUTES, WITH REGARD
Minutes of Regular Meeting 7
Dania Beach City Commission
Tuesday,November 14,2006—7:00 p.m.
TO TRANSPORTATION PROPORTIONATE FAIR SHARE MITIGATION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; FURTHER PROVIDING FOR AN EFFECTIVE DATE. (SECOND
READING)
City Attorney Ansbro read the title of Ordinance #2006-032.
Laurence Leeds, Director of Community Development, advised that this ordinance is a
requirement of Chapter 163, Florida Statutes, to maintain the City's ability to amend the City
Comprehensive Plan. He noted that it is a housekeeping item and staff recommended approval.
Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or
opposition, she closed the Public Hearing.
Commissioner Castro motioned to adopt Ordinance #2006-032, on second reading;
seconded by Commissioner Fetscher. The motion carried on the following 5-0 Roll Call
vote:
Commissioner>Bertino Yes Vice-Mayor Anton Yes
Commissioner Castro Yes Mayor Flury Yes
Commissioner Fetscher Yes
City Attorney Ansbro advised the following items are quasi-judicial matters and swore-in all
who would speak. He asked the Commission to disclose any communication they had on any of
these matters.
9.2 ORDINANCE #2006-033
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE "SHOPS AT GRIFFIN
SUBDIVISION" PLAT, SUCH PROPERTY BEING GENERALLY LOCATED AT THE SOUTHWEST
CORNER OF GRIFFIN ROAD AND 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 THE "SHOPS AT GRIFFIN SUBDIVISION" PLAT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
(SECOND READING)
City Attorney Ansbro read the title of Ordinance #2006-033.
Corinne Church, Principal City Planner, advised the subject property is located at the SW corner
of Griffin Road and Ravenswood Road, adjacent to Harbor Isles and it is currently vacant. She
further clarified this is just a perimeter plat. She explained that when the applicant processed the
request with the County, they designated an entry point along Griffin Road and on Ravenswood
Road. The Planning & Zoning Board recommended approval. Ms. Church indicated some of
the items mentioned in the staff report have already been addressed.
Mayor Flury opened the Public Hearing.
Pat Tyra, 2912 SW 54`h Street, Estates of Fort Lauderdale, would like a traffic light installed.
Minutes of Regular Meeting 8
Dania Beach City Commission
Tuesday,November 14,2006—7:00 p.m.
Vice-Mayor Anton clarified that the traffic light request would have to be approved and installed
by FDOT and not the City.
Robert Schmit, 43`d Avenue, is happy to see somebody do something with the property and
commented it would be an asset to the community.
Seeing as there was no one else to speak in favor or opposition, Mayor Flury closed the Public
Hearing.
Ms. Church confirmed for Commissioner Bertino that the outstanding concerns are mainly
clerical and would not prevent the applicant from moving forward.
Commissioner Bertino motioned to adopt Ordinance #2006-033, on second reading, with
conditions; seconded by Commissioner Castro. The motion carried on the following 5-0
Roll Call vote:
Commissioner Bertino Yes Vice-Mayor Anton Yes
Commissioner Castro Yes Mayor Flury Yes
Commissioner Fetscher Yes
9.3 ORDINANCE #2006-030
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AMENDING
ARTICLE 16, ENTITLED "INDUSTRIAL-RESEARCH-OFFICE (IRO) DISTRICT" OF CHAPTER 28 OF THE
CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED "ZONING" TO PROVIDE
REGULATIONS APPLICABLE TO U.S. BORDER PATROL FACILITIES AND RELATED SHORT TERM
DETENTION FACILITIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVER-ABILITY; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING)
City Attorney Ansbro read the title of Ordinance #2006-030, Ordinance 42006-031, Resolution
#2006-193 and Resolution#2006-194 because they all pertained to the same matter.
Laurence Leeds, Director of Community Development, advised the first item is a zoning text
amendment, and the second is a rezoning from IG to IRO to allow a Border Patrol facility. He
explained the building would resemble a one-story office building, and the site plan addresses all
the issues. The Planning & Zoning Board recommended approval of all four items. Director
Leeds indicated that the Public Services Director did not support a waiver of the sidewalk
because it is contrary to ADA requirements.
Mayor Flury opened the Public Hearings. Seeing as there was no one to speak in favor or
opposition, she closed the Public Hearings.
Attorney Hope Calhoun, Ruden McClosky, was present to answer questions.
Commissioner Bertino would like language included to restrict the length of time someone could
be held in the facility.
Minutes of Regular Meeting 9
Dania Beach City Commission
Tuesday,November 14,2006—7:00 p.m.
Director Leeds advised that was not included in the Code because it is difficult to enforce.
Mayor Flury agreed with Commissioner Bertino about the length of time people can stay at the
facility.
Attorney Calhoun confirmed no one would be detained overnight, or longer than 24 hours.
Commissioner Bertino expressed his concerns about the possible storage of explosives and any
contraband that might be brought to the facility. He would like language added to the Ordinance
to restrict contraband held at the facility.
Attorney Calhoun advised they would be happy to make the necessary changes, however, it is
not their intent to store explosives at this facility.
City Attorney Ansbro advised he was confident that EPA would not allow it.
Commissioner Bertino would like a prohibition for biological, chemical or radioactive agents or
materials.
Director Leeds commented it was up to the Commission to add a prohibition against Atomic,
Biological and Chemical Weapons (ABC).
It was the consensus of the Commission to add biological restrictions.
Attorney Calhoun referred to the request by the Public Services Director to provide sidewalk due
to ADA requirements. She requested to have the sidewalk installed at a later date, since at the
present time it would lead to nowhere.
Vice-Mayor Anton suggested adding language stating the sidewalk would be installed at a later
date.
Commissioner Castro and Mayor Flury both disagreed with Vice-Mayor Anton's suggestion and
recommended installing the sidewalk at the time of construction of the facility.
It was the consensus of the Commission to deny the Sidewalk Waiver request and have the
sidewalks installed.
Commissioner Castro motioned to adopt Ordinance #2006-030, on second reading, with 24
hour limitation on detention; seconded by Commissioner Fetscher. The motion carried on
the following 4-1 Roll Call vote:
Commissioner Bertino No Vice-Mayor Anton Yes
Commissioner Castro Yes Mayor Flury Yes
Commissioner Fetscher Yes
Minutes of Regular Meeting 10
Dania Beach City Commission
Tuesday,November 14,2006—7:00 p.m.
9.4 ORDINANCE #2006-031
• AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST
SUBMITTED BY BONNIE L. MISKEL OF RUDEN, MCCLOSKY, SMITH, SCHUSTER& RUSSELL, P.A. ON
BEHALF OF JOHN E. SABTY, MANAGER OF WSSA FLORIDA, LLC., FOR PROPERTY GENERALLY
LOCATED ON THE EAST SIDE OF NE 7T" AVENUE BETWEEN TAYLOR ROAD AND ELLER DRIVE, IN
THE CITY OF DANIA BEACH, FLORIDA, WHICH PROPERTY IS LEGALLY DESCRIBED IN EXHIBIT"A",
A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING
CLASSIFICATION OF THE PROPERTY FROM IG (INDUSTRIAL GENERAL), TO IRO (INDUSTRIAL
RESEARCH OFFICE), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND
READING)
Commissioner Castro motioned to adopt Ordinance #2006-031, on second reading;
seconded by Commissioner Fetscher. The motion carried on the following 4-1 Roll Call .
vote:
Commissioner Bertino No Vice-Mayor Anton Yes
Commissioner Castro Yes Mayor Flury Yes
Commissioner Fetscher Yes
9.5 RESOLUTION #2006-193
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST SUBMITTED
BY BONNIE L. MISKEL OF RUDEN, MCCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. ON BEHALF OF
JOHN E. SABTY, MANAGER OF WSSA FLORIDA, LLC., FOR PROPERTY GENERALLY LOCATED ON
THE EAST SIDE OF NE 7T" AVENUE BETWEEN TAYLOR ROAD AND ELLER DRIVE, IN THE CITY OF
DANIA BEACH, FLORIDA, FOR A SPECIAL EXCEPTION TO ALLOW A UNITED STATES BORDER
PATROL FACILITY IN AN "IRO" ZONING DISTRICT; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
Commissioner Castro motioned to adopt Resolution #2006-193; seconded by Commissioner
Fetscher. The motion carried on the following 4-1 Roll Call vote:
Commissioner Bertino No Vice-Mayor Anton Yes
Commissioner Castro Yes Mayor Flury Yes
Commissioner Fetscher Yes
9.6 RESOLUTION #2006-194
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST
SUBMITTED BY BONNIE L. MISKEL OF RUDEN, MCCLOSKY, SMITH, SCHUSTER& RUSSELL, P.A. ON
BEHALF OF JOHN E. SABTY, MANAGER OF WSSA FLORIDA, LLC., FOR PROPERTY GENERALLY
LOCATED ON THE EAST SIDE OF NE 7TH AVENUE BETWEEN TAYLOR ROAD AND ELLER DRIVE, IN
THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE.
Commissioner Castro motioned to adopt Resolution #2006-194, with the condition that
sidewalks be installed; seconded by Commissioner Fetscher. The motion carried on the
following 3-2 Roll Call vote:
Minutes of Regular Meeting 11
Dania Beach City Commission
Tuesday,November 14,2006—7:00 p.m.
Commissioner Bertino No Vice-Mayor Anton No
Commissioner Castro Yes Mayor Flury Yes
Commissioner Fetscher Yes
9.7 RESOLUTION 42006-195
A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED
BY SHERYL ZVI, LAND PLANNER WITH CONSULTECH DEVELOPMENT SERVICES, INC., ON BEHALF
OF REGINA NOVAES PERIM REPRESENTING VENEZIA VILLAS, LLC, FROM CHAPTER 28, "ZONING",
FOR PROPERTY LOCATED AT 4432 SW 52ND STREET, DANIA BEACH, FLORIDA; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution #2006-195 and Resolution #2006-197 because
they involved the same property.
Corinne Church, Principal City Planner, showed the location of the property and advised the
request is for a variance, waiver, and site plan for the construction of 8 townhomes. The
applicant is requesting a variance to allow a driveway to be 22 feet, where Code requires 24 feet;
and a waiver to allow 38% pervious area, while Code requires 40%. The Planning & Zoning
Board recommended approval with staffs conditions and a 6 foot wall along the west, north and
east lot lines of the site. She clarified that some conditions have already been addressed by the
applicant.
Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or
opposition, she closed the Public Hearing.
Commissioner Castro questioned if any of the adjacent neighbors objected to the project.
Ms. Church responded a neighbor attended the Planning & Zoning Board meeting and asked for
a higher wall, which the applicant agreed to install.
Commissioner Bertino asked the sale price of the townhomes, and indicated there are very nice
houses next to the subject property. He wants to insure that the dollar value of that area is kept
intact.
Sheryl Zvi, Consultech Development Services, Inc., representing the applicant, advised the
architect for the project was unable to attend the meeting, however, she thought the price would
not be too low.
Commissioner Bertino motioned to continue Resolution #2006-195 and Resolution 92006-
197, until the City Commission meeting on November 28, 2006 at 7:00 p.m.; seconded by
Vice-Mayor Anton. The motion carried on the following 5-0 Roll Call vote:
Commissioner Bertino Yes Vice-Mayor Anton Yes
Commissioner Castro Yes Mayor Flury Yes
Commissioner Fetscher Yes
Minutes of Regular Meeting 12
Dania Beach City Commission
Tuesday,November 14, 2006—7:00 p.m.
• 9.8 RESOLUTION 42006-197 Continued to November 28, 2006
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE PROPOSED SITE PLAN
REQUEST SUBMITTED BY SHERYL ZVI, LAND PLANNER WITH CONSULTECH DEVELOPMENT
SERVICES, INC., ON BEHALF OF REGINA NOVAES PERIM REPRESENTING VENEZIA VILLAS, LLC,
FOR PROPERTY LOCATED AT 4432 SW 52°1 STREET, DANIA BEACH; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
9.9 RESOLUTION #2006-198
A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED
BY HOLD-THYSEEN, INC. MANAGEMENT COMPANY REPRESENTING PROPERTY OWNER JANIE M.
COBB, V.P., CABOT II, INC., FROM CHAPTER 28, "ZONING", ARTICLE 5.60, "WALLS, HEDGES AND
FENCES", FOR PROPERTY LOCATED AT 2200 SW 45TH STREET, IN THE CITY OF DANIA BEACH;
PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution#2006-198.
Corinne Church, Principal City Planner, advised the request is for a variance to allow the
installation of a 10 foot wall with chain link and barbed wire, where Code allows a maximum 6
foot wall. Ms. Church further noted that the applicant provided information from U.S. Customs
and Homeland Security requiring the proposed fence in order to protect containers coming and
going from Port Everglades.
Laurence Leeds, Director of Community Development, commented that containers are currently
not permitted at this location. He added the applicant provided a description of the regulations,
however, we do not have any information on whether this is a bonded warehouse or what it will
be used for. Director Leeds asked the architect for the project to explain the need for this type of
treatment.
Charles Latezia, architect for the project, advised the tenant would be Toyota Tshusho America,
Inc., and this facility would be the parts distribution center for Central and South America and
the Caribbean. He further indicated it is a bonded warehouse, which is similar to a free trade
zone. He confirmed for Director Leeds that there would not be containers outside the building.
Mayor Flury questioned if this facility would have an adverse effect on the neighbors in the area.
Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or
opposition, she closed the Public Hearing.
Commissioner Castro motioned to adopt Resolution 42006-198; seconded by Commissioner
Fetscher. The motion carried on the following 4-1 Roll Call vote:
Commissioner Bertino Yes Vice-Mayor Anton Yes
Commissioner Castro Yes Mayor Flury No
Commissioner Fetscher Yes
Minutes of Regular Meeting 13
Dania Beach City Commission
Tuesday,November 14,2006—7:00 p.m.
Item #9.10 was heard after Item #7.14
9.10 RESOLUTION #2006-200
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY
OFFICIALS TO EXECUTE A DEVELOPMENT AGREEMENT ON BEHALF OF THE CITY WITH THE
ARAGON GROUP, INC., PERTAINING TO REDEVELOPMENT OF THE DANIA JAI ALAI FACILITY AND
RELATED PROPERTY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
City Attorney Ansbro read the title of Resolution#2006-200.
Robert Wecker, 203 NE P Avenue, indicated he lives within the affected area. He commented
this presentation could not take place because the property was not noticed and he did not receive
a notice in the mail.
City Attorney Ansbro stated there is no legal requirement for notice of adoption of a Resolution
to enter into a development agreement. He further noted that two community outreach meetings
were held last week and was advertised in the newspapers, therefore Mr. Wecker's request could
not be considered. City Attorney Ansbro advised Mayor Flury to proceed with the meeting.
Don Hall, Gunster, Yoakley, & Stewart, Attorney for the project, noted the development
agreement is applicable to pari-mutuel facilities. He pointed out that Chapter 550, Florida
Statutes, requires capital improvements, not development of regional impact, and if it is
contiguous with a pari-mutuel facility, to be processed outside the normal requirements for
approval of projects. Attorney Hall finally confirmed that City Attorney Ansbro was correct by
affirming that this is not a rezoning request and it does not need to be one.
Blake Cumbers, Boyd Gaming, presented an overview of their company, which has been in the
gaming industry for over 32 years. He noted they are the third largest gaming company within
the United States with 17 properties in six states, which they operate with a high level of
integrity. Mr. Cumbers advised the development project was introduced on May 31, 2006, when
they entered into an agreement to acquire Dania Jai Alai. He indicated that they expect the
project to open in the third quarter of 2008. Mr. Cumbers explained that the design criteria they
developed, after numerous meetings with the community, was to create a first-class
entertainment destination, which means the existing facility would eventually be torn down. He
further indicated that in order to protect the neighborhood, they have addressed traffic issues,
such as traffic on 2nd Avenue which would be realigned around the facility and no curb cuts
would be installed, as well as several other traffic arrangements. Mr. Cumbers indicated they
were asked to avoid high structures, therefore, the proposed project will only be 55 feet high.
They were also requested to provide lighting that was non-intrusive to the neighbors,
landscaping, and to increase the parking at Frost Park. The main entrance for the project will be
on Fronton Boulevard as it is today, but the eastern section of the parking for Frost Park would
need to be removed. They will dedicate an acre of land to allow 83 parking spaces on the
parking lot across the street from Frost Park to replace the 57 spaces that would be eliminated.
Mr. Cumbers concluded his presentation by saying there would be several workshops and
meetings with the community to try to address everyone's concerns.
Minutes of Regular Meeting 14
Dania Beach City Commission
f Tuesday,November 14,2006—7:00 p.m.
Mayor Flury opened the Public Hearing.
Linda Schwartz, 341 NE 3`d Avenue, commented she only,knew of tonight's meeting because
Patty Hart called her. She thought the Commission should have more input from the community
before voting tonight. Ms. Schwartz indicated landscaping would need to be installed, and this
project would ruin the quality of life in her neighborhood.
Joseph Mancusi, 214 NE 2nd Place, indicated that 3Td Street was never mentioned in the
presentation. He noted this is a secret way in and out and a cut-through street to get to Jai Alai,
and it would become worse once they open the casino.
Vice-Mayor Anton clarified they would not be able to get through 3`d Street.
Mr. Mancusi further remarked they did not meet with the homeowners association in the NE
area, and they should have had a one on one meeting with their association. Secondly, the
tomato field would need to be rezoned in order to be a parking lot. Mr. Mancusi also noted the
noise from the 4,000 cars in the parking lot would be significant. He felt the ramifications of
moving the street was not discussed with the community and this project was being pushed
through too quickly. Mr. Mancusi finally stated that if the residential community in the area is
not taken into consideration, they will be forced to hire lawyers.
Patty Hart, 517 NE 2nd Place, and Robert Crow, 525 NE 5`h Place, asked what the Commission
was approving tonight.
Mayor Flury advised it is a development agreement.
Patty Hart would like to know what is going on because there was no notification from Boyd
Gaming to meet with the NE community. They were hoping there would be a meeting with the
homeowners association in the NE section before getting this far. They would like more time to
meet with Boyd Gaming to see what they can work out together. She commented other projects
in the City have taken a lot of time to be approved, however this one is moving too fast.
Mayor Flury asked City Attorney Ansbro to explain in detail what this development agreement is
all about.
City Attorney Ansbro explained that Chapter 550 of Florida Statutes, in effect since 1981,
regulates all gaming in the State of Florida. This extensive Statute states that if a pari-mutuel
facility that existed in 1981 wanted to build a capital improvement, it would receive approval by
the City unless it presents a justifiable and immediate hazard to the residents of the City. City
Attorney Ansbro pointed out that this is why we are working with Boyd Gaming, otherwise they
would get whatever they want. The development agreement addresses the issues that affect
public health and safety, such as traffic, parking, water and sewer.
Robert Crow thought this was not a final vote to allow this project to move forward.
Minutes of Regular Meeting 15
Dania Beach City Commission
Tuesday,November 14,2006—7:00 p.m.
City Attorney Ansbro clarified that almost everything would be approved tonight except for the
parking garage. He further indicated that NE 2nd Street would need to be vacated for the parking
garage to be built. If the road is vacated and realigned, there would be a separate hearing before
the Planning & Zoning Boar, at a later date, for the street vacation request. City Attorney
Ansbro noted that if Boyd Gaming would like to make any changes to the development
agreement being signed tonight, they would have to come back to the Commission at a public
hearing and explain why they are changing their plan.
Robert Crow felt the NE community did not have a full understanding of the project. He
questioned if the City should take a closer look at it before making a vote. Mr. Crow agreed with
Patty Hart that this project was moving too quickly, considering the implications of such a large
project.
City Attorney Ansbro commented that staff has examined everything before coming to this point.
Robert Crow suggested Boyd Gaming spend quality time with the NE Homeowners'
Association.
Chris Anti, 610 NE 3rd Street, was concerned with the use of 2nd Street. He further referred to
the "tomato patch" and asked if tonight's vote would affect the rezoning for a parking garage.
He questioned what assurances the community had that the rest of the property would not be
developed commercially in the future.
City Attorney Ansbro advised that the request for a street vacation would come back to the
Commission after it has been heard by the Planning & Zoning Board; hence, there would be no
need to rezone. He emphasized once again, that the City cannot control anything on the
property, only the traffic.
Sacha Conner, 196 NE 6th Court, commented there are a lot of people in NE Dania Beach who
support this project.
Paolo Di Francis, owner of Paolo Three's Company Restaurant, noted this is the best thing that
could happen to Dania Beach; it will rejuvenate the City.
Chickie Brandimarte, 101 SE 3`d Avenue, stated the Dania Beach Senior Citizens support this
project.
Teddy Bohanan, 312 SW 15th Street, supported the project and thought that if we did not take
this casino now, we wouldl be stuck with sludge.
Joseph Mancusi commented he was in favor of what Boyd Gaming wants to do, but he does not
understand how we can say there is no safety issue. He questioned whether there was a safety or
crime study performed. He finally noted that wherever there was a gambling casino, there was
crime.
Minutes of Regular Meeting 16
Dania Beach City Commission
Tuesday,November 14,2006—7:00 p.m.
. Seeing as there was no one else to speak in favor or opposition, Mayor Flury closed the Public
Hearing.
City Attorney Ansbro confirmed for Vice-Mayor Anton that tonight's approval would not
include the vacation of NE 2nd Street.
Vice-Mayor Anton explained that if we do not move NE 2nd Street, the traffic would be
horrendous. He was certain that Boyd Gaming would be happy to work with the associations to
address the traffic issue. Vice-Mayor Anton noted there was a considerable amount of traffic
when Jai Alai first opened. He asked if Boyd Gaming met with the NE Homeowners'
Associations.
Blake Cumbers, Boyd Gaming, advised they did not meet with the community, only with
representatives of the associations. He committed they would be a good corporate neighbor. Mr.
Cumbers reassured everyone that the remainder of the tomato patch would remain residential
since they do not intend to change the zoning.
Commissioner Bertino commented Boyd Gaming has done everything possible to get a good
project for this City, and thought this would be a positive thing for Dania Beach.
Vice-Mayor Anton referred to the one acre of land that would be donated by Boyd Gaming for
parking. He indicated that several residents in the NE area expressed their concerns about
having to live across from a parking garage. He was confident that when they meet with Boyd
Gaming and tell them what they want, Boyd Gaming would be willing to work with the
community and accommodate their needs.
At the request of Commissioner Castro, Blake Cumbers explained that the employee parking
section would be landscaped, as well as the entire parking areas. He indicated they have not had
problems with other neighbors in residential areas, and have not found a need to have monthly
community meetings. Mr. Cumbers pointed out that Boyd Gaming generally does not have
crime in surrounding neighborhoods, it is primarily on their own property, mainly car theft. He
further indicated that they maintain a good interface with local police and fire departments and
that the most common incidents are medical emergencies. Mr. Cumbers advised that all the
issues raised by the Danians were addressed in the design presented. He noted they would try to
resolve any issues they have now and in the future, as well as any unforeseen problems that
occur after they build the facility. He reported the facility would employ approximately 800
people and that Dania Jai Alai currently has 200 employees. Mr. Cumbers confirmed they would
not have a hotel.
Commissioner Castro commented she researched Boyd Gaming when she first heard of them,
and was pleased to find that they are financially sound and have a very good relationship with
their employees.
Commissioner Fetscher asked Mr. Cumbers how Dania Beach would benefit financially from
this project.
Minutes of Regular Meeting 17
Dania Beach City Commission
Tuesday,November 14,2006—7:00 p.m.
Blake Cumbers explained that half of the revenue from gaming at this facility would go to
schools in Florida. They anticipate there would be $225M in gaming revenue; the City would
receive 1.75%; and the County would receive 1.5%; plus ad valorem and any other taxes.
Mayor Flury noted that Boyd Gaming has shown everyone that they are flexible and that they are
willing to work with this community.
Commissioner Castro motioned to adopt Resolution #2006-200; seconded by Commissioner
Bertino. The motion carried on the following 5-0 Roll Call vote:
Commissioner Bertino Yes Vice-Mayor Anton Yes
Commissioner Castro Yes Mayor Flury Yes
Commissioner Fetscher Yes
Item #93 was heard after Item #9.10
Commission Comments were heard after Item #9.9
10. Commission Comments
10.1 Commissioner Bertino
Commissioner Bertino commented we need to create an ordinance to include the types of trees
that developers would be allowed to plant, which will withstand hurricanes.
10.2 Commissioner Castro
Commissioner Castro confirmed the Pier is opening December ls` for fishermen, at no cost for
the first 30 days.
Commissioner Castro asked if anyone would be attending the League of Cities Conference in
Reno on November 15, 2006.
It was the consensus of the Commission not to send a delegate to the Florida League of Cities
Conference.
10.3 Commissioner Fetscher
Commissioner Fetscher had no additional comments.
10.4 Vice-Mayor Anton
Vice-Mayor Anton warned everyone to pay attention to the airport issue. He noted the Part 150
Study was recently released. He suggested people access Broward County's website:
www.broward.org, and the Melaleuca Homeowners Association Website, for more information.
Minutes of Regular Meeting 18
Dania Beach City Commission
Tuesday,November 14,2006—7:00 p.m.
Vice-Mayor Anton thanked everyone who came for the Boyd Gaming presentation tonight, and
for their valuable comments. He wished everyone a very Happy Thanksgiving.
10.5 Mayor Flury
Mayor Flury wished everyone a Happy Thanksgiving.
11. Discussion and Possible Action
11.1 Request of J.J. Kelly for a 3 year extension to the Stipulation Settlement to continue
the existing uses beginning December 31, 2007 through December 31, 2010
Laurence Leeds, Director of Community Development, noted in August, 2001 the City entered
into a Settlement Stipulation that allowed continued use of outdoor storage of vehicles, in an
IROM-zoned property. The request is for an additional 3 year period, until December 31, 2007.
Mr. Kelly commented that he has not been able to do anything with the property, other than use
it as parking lot, because it floods. He explained they keep a clean operation and if the City is
willing to fix the flooding problem, he would be willing to build something and run other types
of businesses.
Mayor Flury opened the Public Hearing.
A resident of SE Dania Beach commented Mr. Kelly's property is very well kept and provides a
huge service for the trucking industry,in the area.
Seeing as there was no one else to speak in favor or opposition, Mayor Flury closed the Public
Hearing.
Commissioner Bertino reaffirmed Mr. Kelly's comments that the area floods and he had no other
choice but to use it as a parking lot.
Director Leeds confirmed for Vice-Mayor Anton that there are no developments adjacent to the
subject property.
Commissioner Castro stressed the fact that the City should get involved in the drainage process,
because it does not only affect Mr. Kelly's property, but the whole neighborhood.
Commissioner Bertino motioned to grant a continuance until 2009, with the condition that
the Stipulation Settlement expires if the property changes ownership; seconded by Vice-
Mayor Anton. The motion carried on the following 5-0 Roll Call vote:
Commissioner Bertino Yes Vice-Mayor Anton Yes
Commissioner Castro Yes Mayor Flury Yes
. Commissioner Fetscher Yes
Minutes of Regular Meeting 19
Dania Beach City Commission
Tuesday,November 14,2006—7:00 p.m.
Item #11.4 was heard after Item #11.1
Item #11.2 was heard after Item #11.3
11.2 Request of Deborah and Abraham Chames to remove a Specimen Oak Tree from
property located at 5978 SW 37`h Avenue, Dania Beach
Laurence Leeds, Director of Community Development, advised three Specimen Oak trees are in
the front yard of.the property and one of them will need to be removed in order to construct a
garage addition. He indicated the applicant has two options: 1) dedicate the value of the tree to
the City Landscape Fund, or 2) install and plant 3 new trees with the value of the tree being
removed, prior to the issuance of a Certificate of Occupancy for the addition.
Abraham Chames, property owner, noted he was receptive to planting 3 new trees to replace the
one taken down.
Commissioner Bertino motioned to approve the request to remove,a Specimen Oak Tree
from property located at 5978 SW 371h Avenue, provided that 3 new trees are planted;
seconded by Vice-Mayor Anton. The motion carried on the following 5-0 Roll Call vote:
Commissioner Bertino Yes Vice-Mayor Anton Yes
Commissioner Castro Yes Mayor Flury Yes
Commissioner Fetscher Yes
The Consent Agenda was heard after Item #11.2
Item #11.3 was heard after Citizen Comments
11.3 Discussion of Military Leave Ordinance change—Fire Department
Sergio Pellecer, representing the Fire Department Union, indicated military leave is lacking some
coverage and asked the Commission for support since this is a Citywide issue. He requested the
Commission look at the information that was previously provided by Director McDonald.
Mayor Flury acknowledged students from South Broward High School that were attending
tonight's public meeting as part of their government class.
Mary McDonald, Director of Human Resources and Risk Management, noted the change would
be for all employees, not only the Fire Department. She advised that our current plan is not
generous or fair. Director McDonald added that a survey of other cities was provided to the
Commission and staff is requesting extending supplemental insurance and leave time.
Vice-Mayor Anton commented the issue is to make the employee whole during activation to
military duty. He mentioned that when he worked for Broward County, they matched the
. difference between what the military paid and the employee's regular salary. In addition, all
Minutes of Regular Meeting 20
Dania Beach City Commission
Tuesday,November 14,2006—7:00 p.m.
benefits were maintained. Vice-Mayor Anton would like the City to model the County's plan
when dealing with our reservists.
Commissioner Castro noted our current policy is outdated and supported Vice-Mayor Anton's
comments. She thought we should address this issue and bring back a document that is more
suitable.
Commissioner Bertino also supported Vice-Mayor Anton's comments. He would like to see the
City Attorney write an ordinance that would cover all City employees, and present it at the next
Commission meeting.
Commissioner Fetscher agreed with the rest of the Commissioners and would like the City
Attorney to move forward quickly with the preparation of the ordinance.
Director McDonald requested clarification regarding Broward County policy. She noted that
with regard to the health insurance, the County provides Cobra coverage which is for 18 months
and requires a 100% premium.
Vice-Mayor Anton requested that the City keep the employee whole by providing insurance
coverage.
Item #11.2 was heard after Item #11.3
11.4 Discussion of Dania Beach Marina—City Manager er Palo
Mayor Flury thought we classified the beach and the Marina as a park and we would pursue
grants. She questioned if a referendum vote was required before we sell or lease a City park.
City Attorney Ansbro indicated there may have been some language included in the Charter
during the referendum in March, 2005. He suggested holding off on this discussion, while he
researched it.
Vice-Mayor Anton commented that if the City wants to move forward with the lease proposal,
the interested party would need to understand that the tax issue is very important. He would not
want the City to pay taxes for the Marina.
It was the consensus of the Commission to hold off on this discussion until more information is
available.
12. Appointments
Commissioner Bertino appointed Tim McLeod to the Planning and Zoning Board.
Vice-Mayor Anton appointed Gary Rowe to the Marine Advisory Board.
Minutes of Regular Meeting 21
Dania Beach City Commission
Tuesday,November 14,2006—7:00 p.m.
Mayor Flury appointed Gracetta Wilkins to the Dania Beach Housing Authority for a 4 Year
Term effective November 1, 2006 through October 31, 2010.
Vice-Mayor Anton motioned to approve the Board Appointments; seconded by
Commissioner Castro. The motion carried on the following 5-0 Roll Call vote:
Commissioner Bertino Yes Vice-Mayor Anton Yes
Commissioner Castro Yes Mayor Flury Yes
Commissioner Fetscher Yes
13. Administrative Reports
13.1 City Manager
City Manager Pato had no further comments.
13.2 City Attorney
City Attorney Ansbro had no further comments.
13.3 City Clerk—Reminders
• Thursday,November 16, 2006—6:00 p.m. -Abatement Hearing
Tuesday,November 28, 2006— 7:00 p.m. —Regular City Commission Meeting
Wednesday, December 6, 2007— 5:30 p.m. —Regular CRA Board Meeting
Tuesday, December 12, 2006—7:00 p.m. —Regular City Commission Meeting
City Manager Pato confirmed for Mayor Flury that there would be a modest Employee Holiday
get together, probably at Frost Park, and the details would be forthcoming.
Mayor Flury noted the tenants of the "Beach Watch" Pier Restaurant were present. She asked
them for the opening date.
Sven Jutz and Ute Stork responded there was no date certain for the Pier Restaurant to open.
14. Adjournment
Mayor Flury adjourned the meeting-at 10:21 p.m.
i
Minutes of Regular Meeting 22
Dania Beach City Commission
Tuesday,November 14,2006—7:00 p.m.
AT EST: CITY OF DANIA BEACH
LOUISE STILSON, CMC PATRICIA FLURY
CITY CLERK MAYOR-COMMISSIONER
Approved: November 28, 2006
Minutes of Regular Meeting 23
Dania Beach City Commission
Tuesday,November 14,2006—7:00 p.m.