HomeMy WebLinkAbout2000-05-23 Regular City Commission Meeting Minutes MINUTES
DANIA BEACH CITY COMMISSION
REGULAR MEETING
MA Y 23, 2000
1. MAYOR MCELYEA CALLED THE MEETING TO ORDER AT 7:35 P.M.
2. INVOCATION AND PLEDGE OF ALLEGIANCE
*Michael W. Smith, City Manager
3. ROLL CALL
Present:
Mayor: Charles McElyea
Vice-Mayor: John Bertino
Commissioners: Jim Cali
John Etling
City Attorney: Tom Ansbro
City Manager: Mike Smith
Deputy City Clerk: Charlene Johnson
Absent:
Commissioner: Bob Mikes (excused)
A motion was made by Vice-Mayor Bertino, seconded by Commissioner Etling,
excusing Commissioner Mikes from this meeting.
The motion passed on the following 4/0 roll call vote:
Commissioner Cali —yes Commissioner Etling-yes
Vice-Mayor Bertino—yes Mayor McElyea-yes
4. PRESENTATIONS
4.1 Fire Rescue Department commendations.
Bruce Caruso, EMS Coordinator, presented commendation awards to five members of
the Fire Rescue Department for their professional medical assistance that saved the life
of Martha Flanagan on February 3, 2000.
Lt. Frank Molina, Engineer/Operator Bruce Liam, Paramedic II John Williams,
EMT/Firefighter Rick Rueth were present to receive their awards and Mr. Caruso
explained that Paramedic/Firefighter Bryan Walshe was also being commended but was
unable to attend tonight's meeting due to illness.
5. PROCLAMATIONS
5.1 Proclamation declaring the Month of June, 2000 "Sydni Lyn Haden Fundraising
® Month" in the City of Dania Beach.
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CITY OF DANIA BEACH 1 MAY 23, 2000
City Manager Smith read the proclamation in its entirety.
Mayor McElyea and the City Commission presented the proclamation to Pat Janowski,
grandmother to Sydni Lyn Haden. Mrs. Janowski expressed appreciation for the
community support to raise funds for a kidney transplant operation for her
granddaughter. Gary Garafalo presented additional comments about the fundraising
efforts by COTA (Children's Organ Transplant Association).
ITEMS PULLED FROM CONSENT AGENDA: ITEMS 6.3 AND 6.10.
6. CONSENT AGENDA (INCLUDING EXPENDITURES)
Bills:
6.1 Approval of bills for the month of March, 2000.
Minutes
6.2 Approval of minutes for Special Meeting, March 23, 2000.
Resolutions:
6.4 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING
THAT CERTAIN AGREEMENT NO. 99-11B-1619-SYETP-10 BETWEEN THE
("CONTRACTOR") AND THE BROWARD EMPLOYMENT AND TRAINING
ADMINISTRATION ("BETA"), A GOVERNMENTAL CONSORTIUM CREATED
TO CONDUCT MANPOWER TRAINING AND EMPLOYMENT PROGRAMS IN
BROWARD COUNTY AND THE CITY OF DANIA BEACH; FURTHER,
. PROVIDING AN EFFECTIVE DATE.
6.5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, SUPPORTING LEGISLATION CREATING A MARINE
PROTECTED AREA IN WATERS OFF DANIA BEACH AND OTHER AREAS IN
BROWARD COUNTY; DIRECTING THE CITY CLERK TO TRANSMIT A COPY
OF THIS RESOLUTION TO THE FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION AND OTHER INTERESTED AGENCIES;
PROVIDING FOR AN EFFECTIVE DATE.
6.6 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, SUPPORTING
AN INITIATIVE OF THE BROWARD COUNTY BOARD OF COUNTY
COMMISSIONERS TO APPROPRIATE ONE CENT ($0.01) OF THE LOCAL
OPTION MOTOR FUEL TAX TO FUND PUBLIC TRANSPORTATION;
AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY
OF DANIA BEACH FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS
FROM THE BROWARD COUNTY FIFTH CENT ADDITIONAL LOCAL OPTION
GAS TAX ON MOTOR FUEL; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
6.7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, RECOMMENDING APPROVAL OF A PROPOSED
CHANGE TO THE BROWARD COUNTY LAND USE PLAN; PROVIDING FOR
CONFLICTS; PROVIDING A SEVERANCE CLAUSE; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
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CITY OF DANIA BEACH 2 MAY 23, 2000
ORDINANCES— TITLE TO BE READ BY CITY ATTORNEY
6.8 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING
THE REZONING REQUEST BY CLINTON F. HILL, FOR PROPERTY LOCATED
AT LOCATED AT NE 2ND STREET BETWEEN NE 6T" AVE TO THE WEST AND
NE 7T" AVE TO THE EAST, WITHIN THE CITY OF DANIA BEACH, FLORIDA,
AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS
ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING
CLASSIFICATION OF THE PROPERTY FROM R-M MULTI-FAMILY (12 UNITS
PER GROSS ACRE) TO THE CLASSIFICATION OF R-M (2) MULTI-FAMILY
(16 UNITS PER ACRE) SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING
FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
(RZ-16-00- FIRST READING)
6.9 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE
"EASTSIDE FIVE" PLAT, SUCH PROPERTY BEING LOCATED IN THE CITY
OF DANIA 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 "EASTSIDE FIVE"; PROVIDING FOR SEVERABILITY;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (PL-15-00 - FIRST
READING)
ADDENDUM ITEM:
6.11 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING
THE CITY MANAGER TO FILE AN APPLICATION FOR A SPECIAL
CATEGORY GRANT PROGRAM FOR FISCAL YEAR 2000/2001 WITH THE
FLORIDA DEPARTMENT OF STATE, DIVISION OF HISTORICAL
RESOURCES, FOR THE RENOVATION OF THE HISTORIC NYBERG-
SWANSON HOUSE; PROVIDING FOR A CASH MATCH NOT TO EXCEED
$30,000; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL
DOCUMENTS AS THE AUTHORIZED REPRESENTATIVE OF THE CITY;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
City Attorney Ansbro read the titles of the ordinances #6.8 and #6.9 for first reading.
A motion was made by Commissioner Etling, seconded by Vice-Mayor Bertino,
approving the Consent Agenda with the exclusion of Items 6.3 and 6.10.
The motion passed on the following 4/0 roll call vote:
Commissioner Cali —yes Commissioner Etling-yes
Vice-Mayor Bertino—yes Mayor McElyea-yes
6.3 Approval of minutes for Regular Meeting, April 25, 2000.
Commissioner Etling clarified with the City Commission that the City's intentions in the
motion for Item 4.1 in the April 25th minutes was that the City, through the Police Fines &
40 Forfeitures Fund, would provide 50% of the itemized costs, not to exceed $15,000.00,
MINUTES
CITY OF DANIA BEACH 3 MAY 23, 2000
which would mean that the City would fund 50% of up to $30,000.00 and not 50% of
. $15,000.00. The City Commission agreed.
A motion was made by Commissioner Etling, seconded by Vice-Mayor Bertino,
approving the Minutes as submitted for April 25, 2000, Regular Meeting.
The motion passed on the following 4/0 roll call vote:
Commissioner Cali —yes Commissioner Etling-yes
Vice-Mayor Bertino—yes Mayor McElyea-yes
6.10 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING
THE CITY MANAGER TO FILE A GRANT APPLICATION FOR THE
ACQUISITION OF LAND FOR THE COMPLETION OF GRIFFIN MARINE
PARK, UNDER THE FLORIDA COMMUNITIES TRUST PRESERVATION 2000
GRANT PROGRAM IN PARTNERSHIP WITH BROWARD COUNTY;
PROVIDING FOR A CASH MATCH NOT TO EXCEED $240,000;
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS AS
THE AUTHORIZED REPRESENTATIVE OF THE CITY; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Jason Nunemaker, Assistant to the City Manager, explained that there are two parcels of
land that are available. The parcel identified as 01096 is approximately 1.6 acres, which
is roughly the same size as the one the City now owns, and just to the east is a parcel
identified as 01094 which is approximately 4.5 acres. He explained that if Broward
County partners with the City, they would split the City's match, for a total of 40% of$1.2
Million, 20% from the County and 20% from the City. The City would apply to FCT
(Florida Communities Trust) for the balance and the City would have an additional 6.1
acres for Griffin Marine Park for a total cost to the City of only $240,000.00.
City Manager Smith explained that if the City acquired the larger parcel immediately to
the east of the one the City currently owns, there may be additional funding needed to
demolish or restore the old Allen House, which is also known as the Cape Fear House.
Mr. Smith advised that there would be a substantial land acquisition for very little money
if the City partnered with Broward County and FCT. The City also owns four acres on
30th Avenue that is no longer being considered for a fire station. If the City sold that
land, the City may be able to recoup some of the money that would be directed towards
the match.
Jason Nunemaker pointed out that Broward County has assessed the City's land on 30th
Avenue at $250,000.00 and that under FCT guidelines all land acquisitions would have
to be through voluntary sales by the current owners. He mentioned that Broward County
would gain additional open space in the land acquisition. Once the City is awarded the
FCT grant, the City would have to provide two appraisals on the property before the
closing and the State would also provide a review appraisal. City Manager Smith
advised that the matching fund money would come from the City's Contingency Fund.
Mr. Nunemaker explained that residents seem interested in the land being modeled after
Broward Boater's Park, which provides access from the canal. In addition, Phase I of
Griffin Marine Park which is funded by FIND (Florida Inland Navigation District) and
. BBIP (Broward Boating Improvement Program) provides a boat launching facility.
However, no active recreation would be allowed in the added park area.
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CITY OF DAMIA BEACH 4 MAY 23, 2000
Commissioner Cali questioned whether the $220,000.00 to $240,000.00 from the
settlement with Broward County on the Minnet funds could be used for this purchase.
City Manager Smith advised that the funds have to be used for fire related services.
Vice-Mayor Bertino urged staff to contact the community to ensure that there is no
opposition to the land being improved in this manner so that there isn't another situation
like there was on the fire station property.
A motion was made by Commissioner Cali, seconded by Commissioner Etling, adopting
the resolution.
The motion passed on the following 4/0 roll call vote:
Commissioner Cali —yes Commissioner Etling-yes
Vice-Mayor Bertino—yes Mayor McElyea-yes
7. BIDS AND REQUESTS FOR PROPOSALS:
7.1 Staff recommendation on awarding bid for remodeling of the BSO office
restrooms.
RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ACCEPTING THE
BID PROPOSAL SUBMITTED BY CORAL-TECH ASSOCIATES, INC. AND
AUTHORIZING THE PROPER CITY OFFICIALS, SUBJECT TO CERTAIN
TERMS AND CONDITIONS, TO EXECUTE AN AGREEMENT WITH CORAL-
TECH ASSOCIATES, INC. FOR LABOR AND MATERIALS NECESSARY FOR
RENOVATION AND HANDICAP CONVERSION OF RESTROOMS IN BSO
OFFICES AT CITY HALL; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
Ken Koch, Building Official, advised of three bids that were received on remodeling the
BSO office restrooms. He recommended to award the project to Coral-Tech Associates.
City Manager Smith advised that the project is funded under the annual budget and that
the bid came in under the estimated cost.
A motion was made by Vice-Mayor Bertino, seconded by Commissioner Etling, adopting
the resolution approving Coral-Tech Associates, Inc.
The motion passed on the following 4/0 roll call vote:
Commissioner Cali —yes Commissioner Etling-yes
Vice-Mayor Bertino—yes Mayor McElyea-yes
8. PUBLIC HEARINGS
(continued from 4/25/2000 regular meeting)
8.1 SA-102-99— Sign adjustment request by Jay Kodner of Kodner Galleries for property
located at 45 South Federal Highway, Dania Beach.
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CITY OF DANIA BEACH 5 MAY 23, 2000
A RESOLUTION APPROVING THE SIGN ADJUSTMENT REQUEST
SUBMITTED BY JAY KODNER, KODNER GALLERIES, FROM CHAPTER 28,
ZONING, ARTICLE 28, SIGNS. DOWNTOWN DANIA REDEVELOPMENT
DISTRICT SIGN REGULATIONS, FOR PROPERTY LOCATED AT 45 SOUTH
FEDERAL HWY., DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
Laurence Leeds, Growth Management Director, explained that the sign adjustment was
continued from the April 251h regular meeting so that the applicant could bring back
building elevation drawings of the front and sides of the building. He mentioned that the
applicant brought in renderings about two weeks ago, but the renderings were more like
an impressionistic graphics of what the applicant wants to do with the property and not
actual plans that can be reviewed. In addition, the applicant has suggested Bahamas
windows, which are fixed windows that can be closed at night and can sometimes
extend over the sidewalk and pose a hazard to pedestrians. Mr. Leeds advised that he
was unable to determine the impact of the windows from the drawings that were
submitted by Mr. Kodner. Therefore, Mr. Leeds recommended giving the applicant an
additional month to bring back complete technical drawings and a time schedule for
completion of the improvements for the property.
Jay Kodner, petitioner/owner, introduced Mrs. Goldie Kossow and mentioned that she
has extensive background in design and construction. Mrs. Kossow explained that more
time is needed to locate an architect to prepare the technical drawings required by Mr.
Leeds and that the Bahamas windows can be designed so as not to interfere with the
public.
Commissioner Etling explained that one of the code citations was about the windows
and that the City wanted the applicant to open up the window spaces. He thought that
the Bahamas shutters would enhance the appeal of the building even if the blocked
sections were not open. He suggested that Mr. Kodner bring the shutters back to the
rear of the east side along the first section of the building so as to compliment the
building next door.
Mr. Leeds clarified that if the applicants are given 60 days for extension that the
drawings would have to be submitted to him within 45-50 days in order for him to have
the time to review them and add bring back to a City Commission meeting. The
applicants understood.
A motion was made by Commissioner Etling, seconded by Vice-Mayor Bertino,
continuing the Sign Adjustment (SA-102-99) request for 60 days so that the applicant
can provide elevation drawings showing specifications to Laurence Leeds, Growth
Management Director.
The motion passed on the following 4/0 roll call vote:
Commissioner Cali —yes Commissioner Etling-yes
Vice-Mayor Bertino —yes Mayor McElyea-yes
8.2 SA-07-00 — Sign adjustment request by Thomas Signs and Awnings representing the
Publix Store located at 3102 Griffin Road, Dania Beach.
MINUTES
CITY OF DANIA BEACH 6 MAY 23, 2000
A RESOLUTION APPROVING THE SIGN ADJUSTMENT REQUEST SUBMITTED BY
THOMAS SIGNS AND AWNINGS REPRESENTING PUBLIX, FROM CHAPTER 28,
ZONING, ARTICLE 28, SIGNS, FOR PROPERTY LOCATED AT 3102 GRIFFIN ROAD,
DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
Laurence Leeds, Growth Management Director, clarified that the City Commission has
been provided an existing and proposed plan and a color rendering of the sign
adjustment request. The applicant wants to include the words "Food and Pharmacy"
under the Publix Sign on the north and the west face of the building. Staff cannot
support the request as the sign adjustment does not meet the Sign Adjustment Criteria
indicated in Section 28.200 (1) of the Dania Beach Zoning Code.
Gregory Davis, Thomas Signs, clarified that the plans submitted to the City Commission
are incorrect as they indicate north and east and that the sign proposal is actually for the
north and west side of the building. He explained that not all Publix stores provide
pharmacies and that the sign is needed to notify the public. He further explained that his
company was not aware of the City's code requirements for the sign when the site plan
was approved and that they are requesting permission to construct a total of 310 sq. ft.
of wall signage.
Mayor McElyea opened the public hearing.
Bob Adams, 330 SE 3 Terrace, spoke in opposition based on the fact that the sign
adjustment process was intended to deal with established businesses who had already
invested a lot for their signage and that Publix must have known about the City's code
requirements.
Hearing no further comments, Mayor McElyea closed the public hearing.
Mr. Davis advised that in calculating the signage "Food and Pharmacy", the word
"Publix" and "Food and Pharmacy" were boxed off and that the total square footage of
the two were submitted. Mr. Davis disagreed with the interpretation of the City's sign
code requiring an imaginary box drawn around the entire sign including dead space for
the total square footage to be determined.
A motion was made by Vice-Mayor Bertino, seconded by Commissioner Etling, denying
the Sign Adjustment (SA-07-00) as presented for the Publix store located at 3102 Griffin
Road.
The motion passed on the following 3/1 roll call vote:
Commissioner Cali —no Commissioner Etling-yes
Vice-Mayor Bertino —yes Mayor McElyea-yes
8.3 ZA-004-00 — Zoning appeal request by David S. Pearl Sr., owner of Uniweld
Products, Inc. for properties located south of State Road 84 and west of 1-95 in the
Seaboard Farms subdivision, along with properties locate north of 1-595/SW 31 st Street
• and east of SW 26t" Terrace in the Tropic Farms subdivision.
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CITY OF DANIA BEACH 7 MAY 23, 2000
Laurence Leeds, Growth Management Director, explained the location of Uniweld and
advised that the applicant is appealing his decision made on May 3, 2000, where it was
determined that the Growth Management Department could not accept and process an
application for rezoning for property owned by David S. Pearl, Uniweld Products, Inc.,
located within the moratorium area and remove said properties from the proposed IROM
(Industrial-Research-Office-Marine) zoning moratorium area. Mr. Leeds explained that
the moratorium is over 18 months old and was intended for light industrial and
commercial uses and not intended, specifically, for heavy manufacturing. The one
exception is manufacturing of boats which is allowed under the IROM zoning and the
moratorium. The subject parcel has a current zoning designation of Broward County M-
2 ("Medium Intensity Industrial") and according to the applicant, current operations at the
Uniweld are as follows:
1. Stamping, Punching, etc. of Sheet Metal exceeding one-eight inch in thickness.
2 Automatic Screw Machines.
3. Drop Forging.
4. Oil Compounding on Barreling.
Mr. Leeds advised that items 1 and 2 are permitted under the applicant's current County
M-2 zoning, however, Items 3 and 4 are not permitted under this zoning. Mr. Leeds
clarified that the IROM Ordinance will not force anyone out of business. When the IROM
zoning is implemented, a number of businesses will be non-conforming. The only two
situations that would force anyone out of business is: (1) If the business was abandoned
for a year, the non-conforming use would be lost; (2) If 75 % of a building or value of the
property were destroyed by fire or other calamity. Mr. Leeds advised that Mr. Pearls'
issue relates more to reconstructing his business should a calamity occur and he was
not comfortable with being given the option of being approved by Special Exception.
Mr. Leeds clarified that his recommendation for denial is not based on any examination
of Uniweld's business or assessment of the quality or performance of the business, but,
rather, the language in the moratorium prohibiting this type of activity as well as the
IROM that was adopted in 1998. Mr. Leeds asked that if the City Commission approves
the zoning appeal that they approve Appeal #1 in the Resolution and allow the applicant
to proceed with rezoning to I-G (Industrial General) for Tracts 4,5, and 6 of SeaBoard
Farms Subdivision and that Appeal #2 in the resolution be deleted. Mr. Leeds cautioned
the City Commission on approving the zoning appeal based on other businesses in the
IROM district who may also come forward for exemption from the moratorium.
Steven Cissel, Uniweld Products, 2850 Ravenswood Road, explained the damage and
financial setback when a fire broke out at the business on September 19, 1999. He
urged the City Commission to consider the uniqueness of the business and to support
the zoning appeal since the business is a major employer to the City and has been
operating for 51 years.
Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition,
Mayor McElyea closed the public hearing.
A motion was made by Vice-Mayor Bertino, seconded by Commissioner Cali, adopting
the Resolution approving the Zoning Appeal (ZA-004-00) by granting Appeal #1 and
deleting Appeal #2 in the Resolution and allowing the applicant to submit an application
for I-G zoning.
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CITY OF DAN1A BEACH 8 MAY 23, 2000
The motion passed on the following 4/0 roll call vote:
Commissioner Cali —yes Commissioner Etling-yes
Vice-Mayor Bertino—yes Mayor McElyea-yes
9. CITIZENS' COMMENTS: Addressing the Commission: Comments by Dania Beach citizens
or interested parties that are not part of the regular agenda shall be submitted in writing or communicated
verbally to the City Manager or his or her designee prior to 4:00 p.m. on the second (2"d) and fourth (4`h)
Mondays of each month. Comments of any nature shall be responded to by the office of the City Manager.
If, within three days of submission of the comment to the City Manager, the concern remains unresolved in
the sole opinion of the citizen or interested party or the citizen or party desires to direct the comment(s) to
the City Commission, the citizen(s) or party shall be placed on the citizens' comments portion of the
Commission agenda and shall be allowed to address the City Commission during the next regularly
scheduled City Commission meeting. Emergencies may be submitted to the Mayor, a City Commissioner or
the City Manager prior to the beginning of the meeting. The Mayor or Commissioners may relinquish part or
all of their comment time to a citizen's request if they so desire.
10. COMMISSION COMMENTS
10.1 Commissioner Cali wished all the veterans a happy Memorial Day and requested
an update on the traffic plan for Dania Beach and the State Park with the upcoming
holiday. City Manager Smith advised that the traffic plan is the same that is used for all
major holidays. The plan divides east bound Dania Beach Boulevard into two lanes,
splitting the left lane for through traffic to Hollywood Beach and John U. Lloyd Park and
the right lane to Dania Beach.
Commissioner Cali pointed out that the audit report from the Housing Authority for the
year ending September 30, 1999, shows on Page 26 that the auditor noted several
instances of non-compliance and reported those to the management of the Dania Beach
Housing Authority in a separate letter dated March 7, 2000. The letter of non-
compliance issues was not included with the audit report. Commissioner Cali requested
that City Manager Smith obtain a copy of the letter and a copy of the response from the
management for the Dania Beach Housing Authority.
10.2 Commissioner Etling advised that the Chamber of Commerce and Main Street
have moved their offices into the Nyberg/Swanson House and that the Antique Dealers
Association is in the process of furnishing the house. The Open House is scheduled
Thursday, May 25 at 7:00 p.m. and the public was encouraged to visit the house.
10.3 Commissioner Mikes-absent
10.4 Vice-Mayor Bertino wished everyone a happy holiday weekend.
10.5 Mayor McElyea mentioned that the Memorial Primary Care Center opened this
past Friday and is expected to be of great benefit to the City.
Mayor McElyea commended BSO for the arrests that have taken place over the past
couple of weeks with the Special Tactics Unit.
City Manager Smith was asked to have an old water heater picked up near SW 1st
Avenue, south of 3d Street near Fero's Court. Mayor McElyea requested that he be
provided a copy of the order. He also mentioned trash along on the FEC railroad and a
MINUTES
CITY OF DANIA BEACH 9 MAY 23, 2000
fence that was down on the Department of Transportation property near 1-95 and Stirling
Road.
Mayor McElyea mentioned the need to continue with the marches through the Turn
Around Dania Beach organization and wished everyone a happy Memorial Day.
11. DISCUSSION AND POSSIBLE ACTION
11.1 Discussion of closing of certain streets within the City. (Mayor McElyea)
Mayor McElyea mentioned that several requests have come in to close off certain
streets for in the southwest neighborhood for safety purposes.
Commissioner Cali agreed that street closures reduce crime and traffic issues.
Vice-Mayor Bertino agreed with increasing safety and crime prevention and mentioned
that this may allow the City to install some planting islands down Federal Highway.
Commissioner Cali advised that Fort Lauderdale has a model program and that the City
should adopt these guidelines and procedures for closing alleys and streets.
City Manager Smith suggested hiring a traffic consultant to look at the traffic flow and
commented on the positive impact of speed humps that have been installed recently
near Frost Park.
11.2 Request for abatement of vacant lot mowing liens by Rosemary Wright for
property previously owned by Betty Baron Bernstein and identified as 1203-34-0350 (Lot
13, Block 3, College Tract). (Staff)
City Manager Smith advised that Rosemary Wright purchased the vacant lot knowing
that there were City liens on the land.
Rosemary Wright advised that she was only aware of 7 liens on the lot and later found
out that there were 17 liens when she purchased the lot by tax deed. She also added
that Broward County is offering the other lot owned by Betty Baron Bernstein lying next
to this lot and known as Lot 14, Block 3 for tax sale tomorrow.
Commissioner Cali expressed concern that there was no legal action taken to foreclose
on this property before it went to tax sale.
Due to some confusion on the location of the property, a motion was made by
Commissioner Cali, seconded by Commissioner Etling, deferring Item 11.2 until more
information can be obtained about the tax sale and location of the property and directing
staff to provide a memo regarding why foreclosure proceedings were not pursued on the
property.
The motion passed on the following 4/0 roll call vote:
Commissioner Cali —yes Commissioner Etling-yes
Vice-Mayor Bertino —yes Mayor McElyea-yes
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CITY OF DANIA BEACH 10 MAY 23, 2000
11.3 Discussion of foreclosure issues and possible abatement of two (2) Code
Enforcement Liens (CEB98-0080 and CEB99-0225) for property located at 31 SW 15
Street. (City Attorney)
City Attorney Ansbro explained that the same Florida Statute applies in the cases listed
in 11.3 and 11.4 even though the violations are different. He advised that the properties
were subject to foreclosure proceedings and that the banks holding the mortgages
foreclosed without knowledge of the Code Enforcement Liens. In addition, the Code
Enforcement Board was not aware of the Lis Pendens filed by the lenders. Attorney
Ansbro explained that this happens all over Florida because it is cost-prohibitive to
research every property and the only thing is to cite the owners of record, which was
correctly accomplished in these cases. Once the Lis Pendens was filed, all liens filed
thereafter are barred and in both cases the lenders have agreed to settle. Attorney
Ansbro recommended that the City settle for the amounts listed.
Vice-Mayor Bertino clarified that the City had filed their liens and then the Lis Pendens
was filed which changed the record holder on the property so to address this situation in
the future, the City should not only notify the record property owner but also any lenders
that may be holding mortgages on specific properties.
Attorney Ansbro agreed to speak with Attorney Tim Ryan, the City's Code Attorney,
about running ownership and encumbrance reports in an effort to resolve the problem.
Attorney Ansbro advised that mortgage foreclosures can take three years before the
lenders receive Certificate of Title and Sale and that the owners of record are the
actually legal owners until that happens. Vice-Mayor Bertino expressed his opinion that
the lenders should be held accountable for liens against properties when the owners
abandon the property.
Commissioner Etling questioned where the requests for abatement are coming from
since the owners of record have apparently abandoned the properties. Attorney Ansbro
advised that the lenders are requesting the abatement since they are now trying to
obtain clear title.
Mayor McElyea pointed out that liens are recorded at the court house and that the City
should notify all lienholders on the property to protect the City's ability to collect on City
liens.
Attorney Ansbro reminded the City Commission that foreclosure proceedings cannot be
pursued on homestead properties and advised that the settlement for 11.3 is $500.00
($250.00 for each lien) and $500.00 for 11.4.
Mayor McElyea disagreed with the settlement amounts presented by the lenders and
pointed out that the lenders will spend far more clearing the liens if the City does not
release them and that the City is paying Attorney Ryan far more than $250.00 on each
lien case. Attorney Ansbro stated that once the lender received title, the liens are
invalidated and that the City cannot legally collect any money. The City Commission
generally agreed that the amounts presented were an insult to the City and that the
lenders should be required to take whatever actions are necessary to release the liens,
actions which would likely entail costs exceeding the amounts owed on the properties.
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CITY OF DANIA BEACH 11 MAY 23, 2000
A motion was made by Commissioner Cali, seconded by Commissioner Etling, denying
the request for abatement on both cases listed in Item 11.3.
The motion passed on the following 4/0 roll call vote:
Commissioner Cali —yes Commissioner Etling-yes
Vice-Mayor Bertino—yes Mayor McElyea-yes
11.4 Request for abatement of Code Enforcement Lien (CEB98-0173) by Steven and
Janet Graham for property located at 5201 SW 28 Avenue. (Staff)
A motion was made by Commissioner Cali, seconded by Commissioner Etling, denying
the request for abatement for Item 11.4.
The motion passed on the following 4/0 roll call vote:
Commissioner Cali —yes Commissioner Etling-yes
Vice-Mayor Bertino —yes Mayor McElyea-yes
12. APPOINTMENTS
12.1 Appointment of 4 members to the Airport Advisory Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE
APPOINTMENTS OF FOUR (4) MEMBERS TO THE "AIRPORT ADVISORY BOARD;" PROVIDING THAT
SAID MEMBERS SHALL SERVE TWO (2) YEAR TERMS EXPIRING 12:00 NOON, MARCH 20, 2001;
• PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ARE REPEALED
TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE."
Commissioner Cali appointed Clive Taylor to the Airport Advisory Board.
A motion was made by Commissioner Cali, seconded by Commissioner Etling, adopting
the resolution appointing Clive Taylor.
The motion passed on the following 4/0 roll call vote:
Commissioner Cali —yes Commissioner Etling-yes
Vice-Mayor Bertino —yes Mayor McElyea-yes
12.2 Appointment of 2 members to Human Relations Board.-
NO APPOINTMENT
12.3 Appointment of 3 members to the Marine Advisory Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE
APPOINTMENT OF THREE (3) MEMBERS TO THE "MARINE ADVISORY BOARD;" PROVIDING THAT
SAID MEMBERS SHALL SERVE TWO (2) YEAR TERMS EXPIRING 12:00 NOON, MARCH 20, 2001;
PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ARE REPEALED
TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE."
Mayor McElyea appointed Bernard Swindell to the Marine Advisory Board.
•
MINUTES
CITY OF DANIA BEACH 12 MAY 23, 2000
A motion was made by Vice-Mayor Bertino, seconded by Commissioner Cali, adopting
the resolution appointing Bernard Swindwell to the Marine Advisory.
The motion passed on the following 4/0 roll call vote:
Commissioner Cali —yes Commissioner Etling-yes
Vice-Mayor Bertino—yes Mayor McElyea-yes
12.4 Appointment of 2 members to the Occupational License Review Advisory
Board.
NO APPOINTMENT
12.5 Appointment of 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 ONE (1) MEMBER TO THE "PARKS, RECREATION AND COMMUNITY AFFAIRS
ADVISORY BOARD;" PROVIDING THAT SAID MEMBER SHALL SERVE A TWO (2) YEAR TERM
EXPIRING 12:00 NOON, MARCH 20, 2001; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE."
Commissioner Etling explained that John Dai Zovi recently received a letter from Randy
Wilkinson, Parks & Recreation Director, advising him that he was automatically resigned
from the board. Commissioner Etling advised that Mr. Dai Zovi was unaware that he
was supposed to request an excuse when he was unable to attend Parks, Recreation
and Community Affairs Advisory Board meetings. Therefore, he reappointed Mr. John
Dai Zovi.
A motion was made by Commissioner Etling, seconded by Commissioner Cali, adopting
the resolution reappointing John Dai Zovi.
The motion passed on the following 4/0 roll call vote:
Commissioner Cali —yes Commissioner Etling-yes
Vice-Mayor Bertino —yes Mayor McElyea-yes
12.6 Appointment by Commission of one (1) Alternate for citizen member to the
Civil Service Board.
NO APPOINTMENT
13. ADMINISTRATIVE REPORTS
13.1 City Manager Smith advised the public of the opening Thursday, May 25'h of the
Nyberg/Swanson House that will house the Chamber of Commerce and Main Street.
He reported that TEA-21 grant funds are used for transportation enhancement. The
City's TEA-21 grant application for $500,000.00 has been ranked #7 out of 40 by the
Technical Coordinating Committee. Once the MPO (Metropolitan Planning Council)
approves, the City will be on its way to getting another component of the downtown
revitalization program funded.
MINUTES
CITY OF DANIA BEACH 13 MAY 23, 2000
June 19, 2000, 5:00 p.m. at City Hall,-The Turn Around Dania Beach organization will
be hosting an event for Governor Jeb Bush and others in attendance will be Jim
McDonna, Director of Drug Policy Control, and Tony Wrice.
June 22, 2000, 7:00— 9:00 p.m.- Senator Geller will be holding a Town Hall Meeting at
City Hall to speak about the 2000 Legislative Session Agenda.
City Manager Smith advised that the City has recently inaugurated an initiative with
Florida Atlantic University, the Joint Center, to conduct a redevelopment plan pursuant to
House Bill 17 in an effort to obtain additional funding from the State. Mr. Smith advised
that the plan is consistent with the City's visioning process, downtown revitalization, and
partnership with the South Florida Regional Planning Council.
Mr. Smith advised that the City is currently answering questionnaires from PMG
Associates who are doing an annexation study for the Riverland Road/Lauderdale Isles
area for the 2001 Legislative Session. It is expected that Dania Beach, Davie, Fort
Lauderdale, and Plantation are likely cities to annex the area that is located north of the
New River.
13.2 City Attorney Ansbro requested another Attorney/Client Session to be held at
7:00 p.m. on June 13 to discuss the John Bruckner litigation.
14. ADJOURNMENT
This meeting was adjourned at 9:50 p.m.
A J/
*AYOR-CO /SS ER
ACTING CITY CLERK
Respectfully submitted by
Charlene Johnson
Deputy City Clerk
MINUTES
CITY OF DANIA BEACH 14 MAY 23, 2000