HomeMy WebLinkAbout1373 - MINUTES - City Commission MINUTES
DANIA BEACH CITY COMMISSION
REGULAR MEETING
DECEMBER 10, 2002
1. CALL TO ORDER:
Mayor Chunn called the meeting to order at 7:00 p.m.
2. INVOCATION AND PLEDGE OF ALLEGIANCE:
The invocation was given by Reverend John Hoskins, Bethel Church of God 7th Day.
3. ROLL CALL:
Present:
Mayor: Robert H. Chunn, Jr.
Vice-Mayor: Pat Flury
Commissioners: John Bertino
C.K. McElyea
Bob Mikes
City Attorney: Tom Ansbro
City Manager: Ivan Pato
City Clerk: Charlene Johnson
Vincent "Jimmy" Rubino sang God Bless America.
ITEM 5.2 WAS HEARD AT THIS TIME
4. CITIZENS' COMMENTS:
Elder Mark Gibson introduced himself as the new pastor of the United House of Prayer for All
People located at 1400 NW 1st Street and invited the public to their Christmas program on
Christmas Eve. He was present to inquire about any youth programs that the youth of his
church could become involved in. City Manager Pato suggested that he contact BSO, who is
presently involved in several programs aimed at working with children including football and
computer training.
ITEM 7 WAS HEARD AFTER CITIZENS' COMMENTS
5. PRESENTATIONS AND SPECIAL EVENT APPROVALS:
5.1 Presentation of "Certificate of Recognition" to Cindy Calhoun for her services on the
Marine Advisory Board.
City Manager Ivan Pato, Captain Glenn Morris & Commissioner Bob Mikes presented a
Certificate of Recognition to Cindy Calhoun, who served on the Marine Advisory Board for two
years as Chairperson and whose leadership, initiative, imagination and organizational abilities
contributed significantly to the betterment of the Marine Advisory Board.
ITEM 5.3 WAS AFTER ITEM 5.1
5.2 Employee Recognition Program "General Employee of the Month" for December
2002 —Vincent "Jimmy" Rubino.
MINUTES — REGULAR MEETING 1 DECEMBER 10, 2002
Kristen Jones, Director of Parks & Recreation, introduced Vincent "Jimmy" Rubino and
presented him with the award for "General Employee of the Month".
ITEM 5.1 WAS HEARD AFTER ITEM 5.2
BSO District 2 "Deputy of the Month" for November 2002 —Deputy Sean O'Brien.
Deputy Sean O'Brien could not attend the meeting, however, he was recognized by Lt.
Barbara Stewart as "Deputy of the Month" for the apprehension of a burglary/murder suspect.
CITIZENS' COMMENTS WERE HEARD AFTER ITEM 5.2
6. PROCLAMATIONS: NONE
ITEMS PULLED FROM THE CONSENT AGENDA: VICE-MAYOR FLURY PULLED ITEM 7.5
AND COMMISSIONER MIKES PULLED ITEM 7.13.
7. CONSENT AGENDA (INCLUDING EXPENDITURES):
7.1 Bills - NONE
7.2 Minutes - NONE
7.3 Travel Expenditures - NONE
Resolutions —
7.4 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ESTABLISHING
FILING DATES AND PROVIDING FOR THE CALLING AND HOLDING OF A
PRIMARY ELECTION IN THE CITY OF DANIA BEACH, FLORIDA, ON TUESDAY,
FEBRUARY 11, 2003 FOR THE PURPOSE OF NOMINATING CITY
COMMISSIONERS TO BE VOTED UPON AT THE GENERAL ELECTION TO BE
HELD ON TUESDAY, MARCH 11, 2003, PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
7.6 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE
CITY MANAGER TO PURCHASE VALVE SERVICE AND REPAIR IN AN AMOUNT NOT TO
EXCEED $30,000.00 IN FISCAL YEAR 02.03, UNDER BROWARD COUNTY CO-OP BID #
H-5-01-089-131, 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 PURCHASE FIRE HYDRANT SERVICE AND REPAIR IN AN AMOUNT
NOT TO EXCEED $35,000.00 IN FISCAL YEAR 02/03, UNDER BROWARD COUNTY CO-
OP BID # Q-7-00-178-B201; WITHOUT COMPETITIVE BIDDING AND WITHOUT
ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS, FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
7.8 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE
CITY MANAGER TO PURCHASE UNIFORM SERVICES FROM G & K SERVICES, INC. IN
AN AMOUNT NOT TO EXCEED $12,500.00 IN FISCAL YEAR 02/03, UNDER THE
BROWARD COUNTY COOPERATIVE PURCHASING GROUP CO-OP BID NO. F-3568-TF;
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 PURCHASE GASOLINE AND DIESEL FUELS FROM MACMILLAN OIL
CO. IN AN AMOUNT NOT TO EXCEED $90,000.00 IN FISCAL YEAR 02/03, UNDER
MINUTES — REGULAR MEETING 2 DECEMBER 10, 2002
BROWARD COUNTY CO-OP BID #D-2-00-042-B2; WITHOUT COMPETITIVE BIDDING
AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS, FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
7.10 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 $40,000.00 ($.479 per gallon) IN
FISCAL YEAR 02/03, UNDER BROWARD COUNTY CO-OP BID AWARD NO. C90-02-22-
28-132, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
7.11 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE
CITY MANAGER TO CONTRACT FOR DREDGING OF THE TARPON WATERWAY,
MARLIN WATERWAY AND SAILFISH WATERWAY IN AN AMOUNT NOT TO EXCEED
$200,000.00, IN ACCORDANCE WITH RESOLUTION NO. 2002-043 OR OTHER GRANTS
OR AWARDS ACQUIRED BY THE CITY; WITH THE SOLE PROVIDER, SUBAQUEOUS
SERVICES, INC. WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT
FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
7.12 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE
CITY MANAGER TO CONTRACT FOR SUPPORT SERVICES IN AN AMOUNT NOT TO
EXCEED $32,650.00 WITH THE SOLE PROVIDER, H.T.E., INC. FOR VARIOUS
COMPUTER PROGRAMS, WITHOUT COMPETITIVE BIDDING AND WITHOUT
ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
• A motion was made by Commissioner McElyea, seconded by Commissioner Bertino, to
approve the Consent Agenda with the exception of Items 7.5 & 7.13. The motion passed on
the following 5/0 roll call vote:
Commissioner Bertino — yes Vice-Mayor Flury - yes
Commissioner McElyea — yes Mayor Chunn - yes
Commissioner Mikes—yes
ITEMS PULLED FROM THE CONSENT AGENDA:
7.5 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE
CITY MANAGER TO PURCHASE ONE LIFEPAK 12 DEFIBRILLATOR/MONITOR FOR THE
FIRE RESCUE DEPARTMENT AT A COST OF $19,960.40 IN FISCAL YEAR 02/03;
PROVIDING THAT THE LIFEPAK 12 DEFIBRILLATOR/MONITOR BE PURCHASED FROM
MEDTRONIC/PHYSIO-CONTROL, SOLE SOURCE PROVIDER, WITHOUT COMPETITIVE
BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Vice-Mayor Flury advised that there were several companies that manufacture this type of
equipment and questioned the sole source provider. Chief Land explained that there were
several companies that provide this type of equipment, however, the LifePak 12 is the only
machine that can transmit EKGs directly to the equipment in the hospitals in the southern end
of the County. He advised that Medtronic/Physio-Control is the only provider of the LifePak
12. Chief Land advised that the department currently has three LifePaks and the new
machine would replace one that is 8 years old. Bruce Caruso advised that the trade-in value
on the old machine, at this time, would be $1,000.00. City Manager Pato advised that it was
not necessary to purchase the LifePak right now and suggested that the item be deferred.
Vice-Mayor Flury suggested that the department look into the possibility of obtaining grant
MINUTES — REGULAR MEETING 3 DECEMBER 10, 2002
funds in order to purchase three new updated LifePaks.
A motion was made by Vice-Mayor Flury, seconded by Commissioner McElyea, to withdraw
Item 7.5 at this time. The motion passed on the following 5/0 roll call vote:
Commissioner Bertino —yes Vice-Mayor Flury - yes
Commissioner McElyea —yes Mayor Chunn - yes
Commissioner Mikes— yes
Ordinances
7.13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, APPROVING EXECUTION OF A LEASE AGREEMENT BETWEEN THE CITY
AND THE DANIA BEACH CHAMBER OF COMMERCE PERTAINING TO PORTIONS OF
PROPERTY OWNED BY THE CITY AND KNOWN AS THE NYBERG-SWANSON HOUSE;
AUTHORIZING AND DIRECTING THE EXECUTION OF THE LEASE BY THE
APPROPRIATE CITY OFFICIALS; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)
Commissioner Mikes explained that the Nyberg/Swanson House was given to the City for
public use and if it was leased out to the Chamber of Commerce for $10 per year, he felt it
would no longer be under the control of the City and would become a private use. He was
also concerned that the City would not be eligible to receive grant funds to renovate the
building if it was leased out.
Morris Stowers, Director of the Chamber, asked that this item be continued until the City
Attorney and the Chamber's attorney could work out the terms of the lease agreement.
• City Manager Pato commented that there were no significant changes made to the lease
agreement that would negatively affect the Chamber. He suggested that the lease be
reduced to one or two years.
Commissioner Bertino mentioned that the Chamber of Commerce was previously housed in
the building where the Fire Department Administration is now located and is no longer
available to the Chamber.
Commissioner McElyea advised that the Nyberg-Swanson house was donated to the City by
Robert Summers and most of the cost to move it to it's present location was donated by
various citizens. He was opposed to a long-term lease, but would be in favor of a one-year
lease with possible extensions.
A motion was made by Commissioner McElyea, seconded by Commissioner Mikes, to
continue Item 7.13 to January 14, 2003, and to direct the City Attorney to change the terms of
the lease agreement to a 2-year lease with a 1-year notice of cancellation. The motion
passed on the following 5/0 roll call vote:
Commissioner Bertino —yes Vice-Mayor Flury - yes
Commissioner McElyea —yes Mayor Chunn - yes
Commissioner Mikes—yes
8. BIDS AND REQUESTS FOR PROPOSALS: NONE
9. PUBLIC HEARINGS AND SITE PLANS:
ITEM 9.2 WAS HEARD AFTER ITEM 7.13
9.1 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO
MINUTES — REGULAR MEETING 4 DECEMBER 10, 2002
COMMUNITY REDEVELOPMENT; ESTABLISHING A REDEVELOPMENT TRUST FUND AS
PERMITTED PURSUANT TO SECTION 163.387, FLORIDA STATUTES (2002); PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE. (SECOND READING)
City Attorney Ansbro read the ordinance title.
Larry Leeds, Growth Management Director, explained that staff, along with the City's
consultants, have been working on the CRA plan for approximately two years. The City has
been engaged in conversation over the phone, meetings both in City Hall and at the office of
Economic Development in Broward County. There is correspondence between their staff, our
staff and our consultants. A lot of time has been spent this year preparing this plan. He
advised that the completed CRA plan was delivered to Broward County Office of Economic
Development prior to the end of September 2002. He mentioned that certain statements have
been made and were repeated in the newspaper that the CRA plan did not reach County staff
until November, which is not true. On November 7, the City received an Interlocal Agreement
document from the County, which established the rights and responsibilities of the City and
the County in terms of implementing the CRA. Between November 7 and November 22 staff
and the consultants spent a considerable amount of time working out this agreement and the
agreement was finalized between the City and the Broward County Office of Economic
Development on November 22. The statements that have been made stating that Broward
County did not have the City's CRA plan or the Interlocal Agreement are not true. The City of
Dania Beach has followed the proper procedures and worked with Broward County staff, who
have been very cooperative. Regardless of what has occurred, staff and the consultants will
continue to pursue the necessary authorizations from Broward County to establish the Trust
Fund and to implement the City's CRA plan. Next year the City will begin initiating the land
• use plan changes suggested in the CRA even though the Trust Fund may not have been
completed.
Vice-Mayor Flury commented that she attended the County Commission meeting when
Commissioner Rodstrom brought up this particular issue, very apologetically, and he
mentioned that the plan had come on them too fast and too late. She stated that she knew
that the City's staff and consultants did the right thing and was stunned that the County
Commission pulled this item from their agenda. She stated that the City will succeed in spite
of the County Commission.
Commissioner Bertino mentioned that Broward County has effectively managed to postpone
the City's CRA plan for one more year and stated that the tax increment would not be seen by
the City for any building that is built during the next year. He wanted the press to know that
Broward County had received the City's CRA plan in plenty of time and he felt that Broward
County chose not to place this item on their agenda due to the airport situation. He stated that
Broward County has been giving CRA districts to the Cities, which proves that they have a
desire and understand a need for CRA's and they cannot just summarily turn Dania Beach
down next year without having a good reason why the City's plan is significantly different or
non-beneficial to Broward County and the City of Dania Beach.
Commissioner Mikes mentioned that there are allegations that if Dania Beach tries to protect
its residents with regard to the airport expansion, that the CRA would be jeopardized.
Mr. Henry Iler, Iler Planning Group, mentioned that the coordination with the County began
months prior to September. After the plan was submitted to Broward County, no negative
comments were received from them. He advised that Broward County requested that the City
• get FDOT conceptual approval of the road improvements in the plan and a letter was received
from FDOT conceptually approving the road improvements. He mentioned that the same
MINUTES — REGULAR MEETING 5 1 DECEMBER 10, 2002
steps were taken by Deerfield Beach approximately three years ago for preparing and
submitting the plan. He hoped that the action by Broward County would not stop the City from
going forward with the CRA plan. By putting the plan off for one year, a certain amount of
money would be lost, but no amount of money can replace the positive community vision in
this document for the future of Dania Beach.
Mr. Bill Keith, Iler Planning Group, stated that it was a very rewarding experience for him to
become involved in this project. He mentioned that a lot of effort went into the CRA plan and
it's unfortunate that the City has been put into this position. He urged the City to go forward
with the CRA plan and he made the commitment to put every effort forth to see that the CRA
plan is implemented in the City of Dania Beach.
City Manager Pato thanked Larry Leeds, Bonnie Temchuk, Mr. Keith, Mr. Iler and Vice-Mayor
Flury for all their efforts in this matter. He stated that the City has no intention of delaying the
project. He stated that Dania Beach is a good City and deserves to be preserved and
developed as provided in the CRA plan.
Mayor Chunn opened the public hearing.
Joe Van Eron, owner of Liberty Suites, stated that the City is not alone in the CRA issue with
the County. He and George Jenson along with hundreds of others have attended workshops
and worked many hours on the project. He mentioned that a protest was staged on Saturday
at the new gateway sign. He advised that he attended the County Commission meeting
earlier in the day and he shared a letter that he read to the first Mayor of Broward County
stating that the City of Dania Beach downtown area needs the entire County Commission's
immediate attention. He pleaded with the County Mayor to step forward and set a new
agenda for a County committed to the future of its cities. He asked the County Commission to
• please consider the future of Dania Beach at today's meeting, by either voting to allow the City
to establish its Trust Fund or at least by voting to hold a special hearing to discuss the
establishment of the CRA.
George Jenson, Chairman of the Dania Beach Neighborhoods United, advised that he also
participated in the protest at the gateway sign. He mentioned that he contacted all County
Commissioners and asked them to drive through the downtown area prior to their Commission
meeting today. He stated that his organization was totally behind the City and offered their
help with anything they could do.
Hearing no further comments in favor or opposition, Mayor Chunn closed the public hearing.
A motion was made by Vice-Mayor Flury, seconded by Commissioner Bertino, to adopt the
ordinance on second reading. The motion passed on the following 5/0 roll call vote:
Commissioner Bertino — yes Vice-Mayor Flury— yes
Commissioner McElyea —yes Mayor Chunn —yes
Commissioner Mikes - yes
9.2 AN ORDINANCE AMENDING CHAPTER 28 "ZONING" OF THE CODE OF
ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY AMENDING ARTICLE 2.
"DEFINITIONS," SECTION 2.10. "DEFINITIONS" TO DEFINE TERMS RELATED TO
NONCON FORM ITIES; AMENDING ARTICLE 8 "NONCONFORMITIES" TO REVISE THE
STANDARDS APPLICABLE TO NONCONFORMITIES WITHIN THE CITY OF DANIA
BEACH; AMENDING ARTICLE XXVII. "INDUSTRIAL-RESEARCH-OFFICE-MARINE (IROM)
DISTRICT," SECTION 27.80 "LAWFULLY EXISTING DEVELOPMENT" TO ADDRESS THE
APPLICABILITY OF THE FLORIDA BUILDING CODE; AMENDING ARTICLE XXX.
"INDUSTRIAL-RESEARCH-OFFICE-COMMERCIAL (IROC) DISTRICT," SECTION 30.80
MINUTES — REGULAR MEETING 6 DECEMBER 10, 2002
"LAWFULLY EXISTING DEVELOPMENT" TO ADDRESS THE APPLICABILITY OF THE
FLORIDA BUILDING CODE; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE. (Second reading)
City Attorney Ansbro read the ordinance title.
Laurence Leeds advised that this ordinance was prepared due to concerns that the existing
ordinance does not adequately determine when a non-conforming structure is so demolished
or renovated that it loses it's non-conforming status. Mr. Leeds advised that the current code
states that an outdoor use has to be abandoned for one year before staff can determine that it
has been abandoned. The City Attorney advised that the term "abandonment" is no longer
the appropriate term because abandonment implies that something has disappeared forever
and left the premises. The proposed ordinance reflects the correct term of "susation of use",
which means the use has stopped. He advised that staff recommended approval of the
ordinance.
The public hearing was opened by Mayor Chunn. Hearing no one speak in favor or
opposition, the public hearing was closed.
A motion was made by Commissioner Bertino, seconded by Vice-Mayor Flury, to adopt the
ordinance on second reading. The motion passed on the following 5/0 roll call vote:
Commissioner Bertino — yes Vice-Mayor Flury - yes
Commissioner McElyea — yes Mayor Chunn - yes
Commissioner Mikes—yes
9.3 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO
ZONING; RE-ZONING INCORPORATED PROPERTIES FROM BROWARD COUNTY
ZONING DISTRICTS AS DEPICTED ON THE MAPS ATTACHED AS COMPOSITE EXHIBIT
A AS FOLLOWS: FROM COUNTY ZONING DISTRICT B-1 TO CITY ZONING DISTRICT C-
1; FROM COUNTY ZONING DISTRICTS B-2, B-2A, AND B-213, TO CITY ZONING DISTRICT
C-2; FROM COUNTY ZONING DISTRICT B-3 TO CITY ZONING DISTRICT C-3; FROM
COUNTY ZONING DISTRICT B-4 TO CITY ZONING DISTRICT C-4; FROM COUNTY
ZONING DISTRICTS M-1, M-2, AND M-4 TO CITY ZONING DISTRICT IG; FROM COUNTY
ZONING DISTRICTS M-3 (EXCLUDING M-3 ZONED PROPERTIES UNDER THE
JURISDICTION OF PORT EVERGLADES) TO CITY ZONING DISTRICT IG; FROM COUNTY
ZONING DISTRICTS M-3 THAT ARE UNDER THE JURISDICTION OF PORT
EVERGLADES TO CITY ZONING DISTRICT PEDD; PROVIDING CONFLICTS; PROVIDING
FOR A SAVINGS CLAUSE; FURTHER PROVIDING FOR AN EFFECTIVE DATE. (SECOND
READING)
City Attorney Ansbro read the ordinance title.
Laurence Leeds, Growth Management Director, advised that three different zoning codes are
being enforced within the City. The proposed ordinance would combine the zoning code for
the commercial and industrial classifications only, it would not affect any residential
classifications. He also stated that the effective date of the ordinance would be December 13,
2002.
Mayor Chunn opened the public hearing. Hearing no one speak in favor or opposition, the
public hearing was closed.
• A motion was made by Vice-Mayor Flury, seconded by Commissioner Bertino, to adopt the
ordinance on second reading. The motion passed on the following 5/0 roll call vote:
MINUTES — REGULAR MEETING 7 DECEMBER 10, 2002
Commissioner Bertino —yes Vice-Mayor Flury - yes
• Commissioner McElyea — yes Mayor Chunn - yes
Commissioner Mikes—yes
9.4 VA-55-02 — A Variance request by Charles Muzzonigro, Dania News and Books, to
allow the sale of liquor for off-premises consumption within 1,000 feet from another
business which holds a retail vendor's license (Players Restaurant). Property located
at 310 East Dania Beach Boulevard, within the Winn Dixie Shopping Center, Dania
Beach.
"A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE
REQUEST SUBMITTED BY CHARLES MUZZONIGRO, OWNER OF DANIA NEWS AND
BOOKS, FROM CHAPTER 4, ALCOHOLIC BEVERAGES, SECTION 4-3, PROXIMITY OF
ONE BUSINESS TO ANOTHER, FOR PROPERTY LOCATED AT 310 EAST DANIA BEACH
BOULEVARD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE."
City Attorney Ansbro advised that this was a quasi-judicial hearing and he swore in all persons
testifying in this matter.
Laurence Leeds, Growth Management Director, advised that BSO reported no illegal activity
at this establishment. He advised that the Planning & Zoning Board recommended approval
with the condition that closing hour be 8:00 p.m.
Charles Muzzonigro was present to request approval of the variance.
• Charlene Scalese, 826 NW 13 Avenue, stated that Mr. & Mrs. Muzzonigro were very family-
oriented and are good business people and requested approval of the variance request.
Richard Butterworth, 3127 Lee Street, Hollywood, advised that Mr. Muzzonigro was able to
double the sales of the store in 8 months after purchasing it and is one of the lottery's top ten
independent retailers in Broward County. He requested approval of the variance request.
Vito Mancino, 314 SE 10 Street, spoke highly of Mr. Muzzonigro and requested approval of
the variance request.
After no further comments in favor or opposition, Mayor Chunn closed the public hearing.
Commissioner Mikes recommended that an opening hour also be established.
Commissioner Bertino suggested that the variance only be given to Mr. Muzzonigro as long as
he owns the business.
A motion was made by Commissioner McElyea, seconded by Commissioner Mikes, to adopt
the resolution approving (VA-55-02)with the condition that the hours of operation be from 7:00
a.m. to 8:00 p.m. and that the variance would be effective only to Charles Muzzonigro as long
as he owns the business. The motion passed on the following 5/0 roll call vote:
Commissioner Bertino —yes Vice-Mayor Flury - yes
Commissioner McElyea— yes Mayor Chunn - yes
Commissioner Mikes— yes
• ITEM 9.1 WAS HEARD AFTER ITEM 9.4
9.5 a) VA-51-02 — A Variance request by Marvin and Carol Wickham, to allow two (2)
MINUTES — REGULAR MEETING 8 DECEMBER 10, 2002
parking spaces for a duplex (six spaces required) for property located at SW 47th
Street, north of Griffin Road, west of Ravenswood Road.
'A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE
REQUEST SUBMITTED BY MARVIN AND CAROLYN WICKHAM, FOR PROPERTY
LOCATED ON SW 47TH STREET APPROXIMATELY 375 FEET WEST OF RAVENSWOOD
ROAD IN THE WEST DANIA HEIGHTS SUBDIVISION, DANIA BEACH; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.'
b) SP-51-02 —A Site Plan request by Marvin and Carol Wickham to construct a duplex at
SW 47th Street approximately 375 feet west of Ravenswood Road, in the West Dania
Heights Subdivision.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE
PLAN REQUEST SUBMITTED BY MARVIN AND CAROLYN WICKHAM, FOR PROPERTY
LOCATED ON SW 47TH STREET APPROXIMATELY 375 FEET WEST OF RAVENSWOOD
ROAD IN THE WEST DANIA HEIGHTS SUBDIVISION, DANIA BEACH; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE."
Laurence Leeds, Growth Management Director, explained that the code requires six parking
spaces and the applicant was only providing two spaces on the site plan. Mr. Leeds reported
that the Planning & Zoning Board recommended approval of the variance with the condition
that four parking spaces be provided.
Mayor Chunn opened the public hearing.
Carol Wickham was present to request approval of the variance.
Hearing no further comment in favor or opposition, Mayor Chunn closed the public hearing.
In response to Commissioner Bertino, Ms. Wickham advised that one unit would be 3
bedrooms/ 2 bathrooms and one unit would be 2 bedrooms/ 2 bathrooms. Commissioner
Bertino was concerned that 4 parking spaces would not be sufficient for this duplex.
Commissioner Mikes was opposed to granting a parking variance for a duplex.
A motion was made by Commissioner Bertino, seconded by Commissioner Mikes, to deny the
variance request and the site plan request. The motion passed on the following 4/1 roll call
vote:
Commissioner Bertino — yes Vice-Mayor Flury - yes
Commissioner McElyea —yes Mayor Chunn - no
Commissioner Mikes—yes
10. COMMISSION COMMENTS:
10.1 Commissioner Bertino wished everyone a happy holiday season.
10.2 Commissioner McElyea mentioned some complaints from citizens on SW 14 Street
regarding broken sidewalks and floodwaters. He also mentioned that the drainage
pumps were not running during the last big rain. He wished everyone a Happy Holiday
and he congratulated his son for winning a championship race.
• 10.3 Commissioner Mikes also complained about the flooding on Sheridan Street. He
advised candidates for Commission that their political signs could only be 8 square
feet. He wished everyone a Happy Holiday and he also thanked staff for all their hard
MINUTES — REGULAR MEETING 9 DECEMBER 10, 2002
work.
• 10.4 Vice-Mayor Flury mentioned that the Griffin Marine Park boat ramps are very dark at
night. Bonnie Temchuk advised that lights were purposely not installed in order to
deter the park from being used at night, however, they are looking at putting sensor
lights on the boat ramps. She commented that the City would move forward with the
CRA. She also wished everyone a Happy Holiday.
10.5 Mayor Chunn thanked God for being so kind to him and his family. He also thanked
staff for their support and he wished everyone a Happy Holiday.
11. DISCUSSION AND POSSIBLE ACTION:
11.1 Discussion of insurance allowance for City Commissioners. (Commissioner Bertino)
Commissioner Bertino advised that the ordinance was not clear on insurance coverage for
retiring Commissioners. He understood that the City Commission had granted itself the right
to receive insurance the same as any other employee. He also understood that an ordinance
was adopted giving each Commissioner the choice of being covered by health insurance or to
receive the money in lieu of the insurance coverage. He felt that each year when the City's
cost of insurance went up, the Commissioners' payment should have gone up.
City Manager advised that the employee contributes $24.48 per month for family coverage.
He also advised that employees pay 1/3 of the cost of health insurance upon retirement.
Vice-Mayor Flury felt that this was a generous benefit and should be left alone. She felt that
• no increases should be given.
City Attorney Ansbro explained that the ordinance was adopted in 1990 and states that if a
Commissioner opts to receive the money in lieu of health insurance coverage, they would
receive the benefit compensation in an amount equal to the prevailing cost of the insurance
coverage provided from time to time, however, the ordinance does not clarify whether a
Commissioner should receive the amount for single or family coverage.
The matter was deferred to the City Attorney for his interpretation. City Attorney Ansbro was
of the opinion that a single Commissioner would get paid the single rate and if they had family,
they would get paid the family rate.
12. APPOINTMENTS:
12.1 Appointment of two (2) members to the Airport Advisory Board.
Commissioner McElyea appointed Nancy Stafford.
A motion was made by Commissioner Bertino, seconded by Vice-Mayor Flury to adopt a
resolution approving the appointment of Nancy Stafford to the Airport Advisory Board.
The motion passed on the following 4-0 roll call vote:
Commissioner Bertino —yes Vice-Mayor Flury - yes
Commissioner McElyea — yes Mayor Chunn - yes
Commissioner Mikes (out of room)
MINUTES — REGULAR MEETING 10 DECEMBER 10, 2002
12.2 Appointment by Commission of one (1) Alternate citizen member on the Civil Service
Board.
• "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND
AFFIRMING THE APPOINTMENT OF ONE ALTERNATE CITIZEN MEMBER ON THE CIVIL
SERVICE BOARD; PROVIDING THAT SAID ALTERNATE MEMBER SHALL SERVE A
THREE-YEAR TERM ENDING APRIL 2004; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE."
12.3 Appointment of three (3) members to Dania Economic.Development Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND
AFFIRMING THE APPOINTMENT OF MEMBERS TO THE "DANIA ECONOMIC
DEVELOPMENT BOARD;" PROVIDING THAT SAID MEMBERS SHALL COMPLETE TWO
(2) YEAR TERMS EXPIRING 12:00 NOON, MARCH 18, 2003; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
12.4 Mayor Appointment of a member to Dania Beach Housing Authority.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND
AFFIRMING THE APPOINTMENT OF A MEMBER TO THE DANIA BEACH HOUSING
AUTHORITY; PROVIDING THAT SAID MEMBER SHALL SERVE A FOUR (4) YEAR TERM
ENDING NOVEMBER 1, 2006; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
Mayor Chunn appointed Dr. Bennie Moultry.
• A motion was made by Vice-Mayor Flury, seconded by Commissioner McElyea, to approve
the appointment of Dr. Bennie Moultry to the Dania Beach Housing Authority. The motion
passed on the following 5/0 roll call vote:
Commissioner Bertino — yes Vice-Mayor Flury - yes
Commissioner McElyea —yes Mayor Chunn - yes
Commissioner Mikes— yes
12.5 Appointment of two (2) members to the Marine Advisory Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND
AFFIRMING THE APPOINTMENT OF MEMBERS TO THE "MARINE ADVISORY BOARD;"
PROVIDING THAT SAID MEMBERS SHALL SERVE TWO (2) YEAR TERMS EXPIRING
12:00 NOON, MARCH 18, 2003; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE."
12.6 Appointment of one (1) member to Parks, Recreation and Community Affairs Advisory
Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND
AFFIRMING THE APPOINTMENT OF MEMBER TO THE "PARKS, RECREATION AND
COMMUNITY AFFAIRS ADVISORY BOARD;" PROVIDING THAT SAID MEMBER SHALL
COMPLETE A TWO (2) YEAR TERM EXPIRING 12:00 NOON, MARCH 18, 2003;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE."
. 12.7 Appointment of one (1) member to the Unsafe Structures Board to fill the position of
Plumbing Contractor.
MINUTES — REGULAR MEETING 11 DECEMBER 10, 2002
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND
AFFIRMING THE APPOINTMENT OF A PLUMBING CONTRACTOR TO THE UNSAFE
STRUCTURES BOARD; PROVIDING THAT MEMBER SHALL COMPLETE A THREE (3)
YEAR TERM; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE."
13. ADMINISTRATIVE REPORTS:
13.1 City Manager— Meeting Reminders:
City Manager Pato reminded the Commission of the upcoming meetings.
December 19, 2002 —6:00 p.m.-Workshop Meeting
January 14, 2003 —7:00 p.m. —Regular Meeting
January 16, 2003 —6:00 p.m. —Abatement,Hearings
January 28, 2003 — 7:00 p.m. — Regular Meeting
13.2 City Attorney — no comments
13.3 City Clerk - Candidate Qualifying: Begins Noon Jan 2- ends Noon Jan 16
City Election dates: February 11, 2003 —Primary Election
March 11, 2003 — General Election
City Clerk Johnson reported that election costs have increased and Broward County has
requested that the City supply a City employee as a Voting Systems Technician for each
precinct (13), to assist the poll workers with the technical aspects of the equipment. The
Commission decided not to use employees, but to pay volunteers.
. 14. ADJOURNMENT
THE MEETING ADJOURNED AT 9:42 P.M.
AT EST: IRO RT H. CHUNN, MAYOR
'M"_2
CHARLENE JOHN ON, CITY CLERK
Respectfully submitted by Nanci Denny
APPROVED: February 12, 2003
i
MINUTES — REGULAR MEETING 12 DECEMBER 10, 2002