HomeMy WebLinkAbout2000-09-26 Regular City Commission Meeting Minutes I\
MINUTES
DANIA BEACH CITY COMMISSION
REGULAR MEETING
SEPTEMBER 26, 2000
1. CALL TO ORDER
Mayor McElyea called the meeting to order at 7:37 p.m.
2, INVOCATION AND PLEDGE OF ALLEGIANCE
*Reverend Jim Sweets, Dania Heights Baptist Church
3. ROLL CALL
Present:
Mayor: Charles McElyea
Vice-Mayor: John Bertino
Commissioners: Jim Cali
John Etling
Bob Mikes
City Attorney: Tom Ansbro
City Manager: Mike Smith
Deputy City Clerk: Charlene Johnson
04. PRESENTATIONS;
4.1 Florida Recreation Development Assistance Program (FRDAP) Grant award
for Frost Park — Senator Steven Geller
Representative Timothy Ryan
Representative Ryan was pleased to report that the City has been awarded a $150,000
grant from FRDAP to bring bathrooms into ADA compliance, refurbish tennis and
basketball courts, and improve lighting at Frost Park. Representative Ryan stated that
Dania Beach has improved quality of life for its citizens as well as attained a reputation
for being a quality destination for commercial and residential development.
Senator Geller advised that Representative Ryan and himself have conducted several
town meetings in the unincorporated areas of Broward County in reference to the
upcoming annexation issue that will be a referendum item on the November 7th election.
Senator Geller was hopeful that Dania Beach will bring in all of the annexation areas
with the likely exception of the Arapahoe Farm development in the upcoming election.
He urged the City Commission to let him know of any budget issues that they want
addressed as soon as possible and mentioned that discussions have taken place on the
need to raise the bridges at US #1 and the Dania Cutoff Canal.
4.2 C.O.P. (Citizens on Patrol) program —Chickie Brandimarte
Gary Garafalo, COP, explained that the Meadowbrook Citizens On Patrol program
started in September 1998 and that as of September 1, 2000, volunteers have donated
MINUTES-REGULAR MEETING 1 SEPTEMBER 26,
2000
4,764 hours and driven 23,073 miles observing in Dania Beach. The program is
sponsored by BSO and the members are trained by BSO.
Chickee Brandimarte, COP, requested that the City extend their appreciation by
sponsoring a dinner for 250 COP members on January 8, 2000 at Tropical Acres at a
cost of$19.75 per person.
A motion was made by Commissioner Cali, seconded by Commissioner Mikes,
approving $5,000.00 for a first class appreciation dinner for COP members at Tropical
Acres.
Commissioner Mikes withdrew his second to the first motion.
A substitute motion was made by Commissioner Mikes, seconded by Commissioner
Etling, continuing the request to October 10th so that staff can investigate the availability
of using the I.T. Parker Center for a catered dinner in an effort to reduce costs.
The motion passed on the following 4/1 roll call vote.
Commissioner Cali —no Commissioner Etling-yes
Commissioner Mikes —yes Vice-Mayor Bertino —yes
Mayor McElyea-yes
4.3 Presentation of Mapping Program update. (BSO)
• Chief Anton, BSO District II Chief, explained that a meeting was held at Fort Lauderdale
with Police Chiefs from Hollywood, Hallandale and other cities out west along with
Assistant State Attorney Ralph Ray on the problems associated with implementing a
mapping program to reduce prostitution. The State Attorney is in support but he would
like the cities to create a universal criteria for designating the mapping areas. A
committee has been established to work out the criteria and there is a need to ensure
that all judges are working consistently on enforcing the program in order for it to work.
Chief Anton was hopeful that the program will be initiated in the next six months and he
mentioned that additional review is underway on the impoundment ordinance so that it
can be used along with the program.
4.4 Presentation of Fire Department. (Chief Land)
Bruce Caruso, EMS Coordinator for the Fire Rescue Department, explained that
paramedics from Dania Beach Fire Rescue and a paramedic from Hollywood took action
to extricate Scott Widmeyer from his car after an accident August 4th on 1-95. The
following persons were awarded commendations for their efforts that saved Mr.
Widmeyer's life:
William Caragan, Hollywood Fire-Rescue
Members of Dania Beach Fire-Rescue:
Michael Cassano Todd Neal
Christopher Chandler Robert Connolly
Richard Seid Jason Todd
•
MINUTES-REGULAR MEETING 2 SEPTEMBER 26,
2000
PROCLAMATIONS: None.
ITEMS PULLED FROM THE CONSENT AGENDA: Mayor McElyea advised that Item 6.6 is
being moved to the Public Hearing section of the agenda and pulled item 6.7. Commissioner
Etling pulled item 6.3 and 6.4.
6. CONSENT AGENDA (including expenditures)
Bills:
6.1 Approval of bills for the month of August, 2000.
Minutes:
6.2 Approval of Minutes of Regular Meeting for September 12, 2000.
Resolutions:
6.5 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A UTILITY
OPERATION AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF
DANIA BEACH FOR THE WATER AND SEWER SYSTEM LYING WITHIN THE
DEANNEXATION AREA; PROVIDING FOR EXECUTION OF SAID AGREEMENT;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Commissioner Etling, seconded by Vice-Mayor Bertino, approving the
Consent Agenda with the exception of items 6.3, 6.4, 6.6 and 6.7.
• The motion passed on the following 5/0 roll call vote.
Commissioner Cali —yes Commissioner Etling-yes
Commissioner Mikes —yes Vice-Mayor Bertino —yes
Mayor McElyea-yes
Items pulled from the Consent Agenda:
6.3 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING AN
INTERIM RIGHTS-OF-WAY USER AGREEMENT BETWEEN THE CITY OF DANIA
BEACH AND FPL FIBERNET, L.L.C. FOR THE USE OF THE CITY'S RIGHTS-OF-WAY
TO CONSTRUCT AND MAINTAIN DUCTS, CONDUITS AND OTHER
COMMUNICATIONS INFRASTRUCTURE AND FACILITIES FOR THE INSTALLATION
OF FIBER OPTIC CABLES AND ASSOCIATED EQUIPMENT IN ORDER TO PROVIDE
INTERNATIONAL AND OTHER TELECOMMUNICATIONS SERVICES; PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Commissioner Etling inquired as to why there appeared to be a contradiction in the agreement
between allowing telecommunications lines above and below ground in one section of the
agreement and a provision in another section which stated that all lines must be placed below
ground. He also stated he was seeking a consensus from the Commission as to whether they
wanted to restrict future installations to underground pathways. The Commission agreed that
this would be preferable to adding to existing above-ground lines.
•
MINUTES-REGULAR MEETING 3 SEPTEMBER 26, 2000
Attorney Gary Resnick, Weiss, Serota, et al, explained that the Telecommunications Act
requires all lines to be installed in the same manner as existing utility infrastructure which could
include lines below and above ground. FPL Fibernet is only going to be using about 3 blocks
within the City to install their lines and the City can control where the facilities are placed and
FPL must obtain permits. He pointed out Section 2.9 in the agreement.
Commissioner Mikes recommended to change Section 2.9 to include "approval by the City
Commission" in the first line.
Commissioner Etling noted that a change was needed on page 10, under Article 8 to read 8.1
not 7.1 and that the word "provider" needed to be inserted in line 2 Section 3.2.
A motion was made by Commissioner Etling, seconded by Vice-Mayor Bertino, adopting the
resolution with the changes as presented.
The motion passed on the following 5/0 roll call vote.
Commissioner Cali —yes Commissioner Etling-yes
Commissioner Mikes —yes Vice-Mayor Bertino—yes
Mayor McElyea-yes
6.4 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING AN
AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF
ENVIRONMENTAL PROTECTION AND THE CITY OF DANIA BEACH FOR THE
RECREATIONAL IMPROVEMENT OF FROST PARK PURSUANT TO GRANT
• FUNDING FROM FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
(FRDAP PROJECT #F01354), COVERING THE FISCAL YEAR 2000/2001;
PROVIDING FOR THE EXECUTION OF SAID AGREEMENT; PROVIDING FOR
CONFLICTS; FURTHER; PROVIDING FOR AN EFFECTIVE DATE.
Commissioner Etling asked for staff clarification of the scope of work to be done at Frost Park
and what enhancements were planned for the City's two other major parks.
Jason Nunemaker, Assistant to the City Manager, advised that the grant will provide
improvements for lighting, basketball and baseball fields, ADA compliant bathrooms, and
shelters at Frost Park. He advised that another grant is being pursued to provide ADA
compliant bathrooms at Patrick J. Meli and Charlie Will Thomas Parks.
Commissioner Cali asked that additional grant funds be pursued to provide ADA bathrooms at
Dania Beach. Mr. Nunemaker agreed to look into possible grant funding. Discussion followed
on the 20 million dollar County Bond issue that might also provide assistance for the City's
parks.
A motion was made by Commissioner Etling, seconded by Vice-Mayor Bertino, adopting the
resolution.
The motion passed on the following 5/0 roll call vote.
Commissioner Cali —yes Commissioner Etling-yes
Commissioner Mikes —yes Vice-Mayor Bertino—yes
is Mayor McElyea-yes
MINUTES-REGULAR MEETING 4 SEPTEMBER 26, 2000
(Item 6.6 was moved to 8.12 under the Public hearing Section)
A motion was made by Vice-Mayor Bertino, seconded by Commissioner Etling, moving item 6.6
to the Public Hearing section as item 8.12.
The motion passed on the following 5/0 roll call vote.
Commissioner Cali —yes Commissioner Etling-yes
Commissioner Mikes —yes Vice-Mayor Bertino—yes
Mayor McElyea-yes
6.7 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE
CITY MANAGER TO. PURCHASE TWO (2) 2001 SD F-250 FORD PICKUP TRUCKS IN
THE AMOUNT OF $48,230.00 ($24,115.00 EACH) AND ONE (1) 2001 SD F-250 FOR
PICKUP TRUCK IN THE AMOUNT OF $29,269.00 FROM DUVAL FORD, UNDER
FLORIDA SHERIFF'S ASSOCIATION BID CONTRACT NO. 00-08-0905, WITHOUT
COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Bud Palm, Utilities/Public Works Director, explained that the vehicles were approved in the
City's Capital Improvement Program and will be paid out of the current 1999/2000 budget.
A motion was made by Commissioner Etling, seconded by Commissioner Cali, adopting the
resolution.
• The motion passed on the following 5/0 roll call vote.
Commissioner Cali —yes Commissioner Etling-yes
Commissioner Mikes —yes Vice-Mayor Bertino —yes
Mayor McElyea-yes
T BIDS AND REQUESTS FOR PROPOSALS: None.
8. PUBLIC HEARINGS
8.1 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE
CODE OF ORDINANCES RELATING TO THE EMPLOYEES' RETIREMENT PLAN
AND TRUST, PROVIDING AN OPTION TO FUND RETIREE HEALTH INSURANCE
PREMIUMS. THROUGH EXCESS ACTUARIAL GAINS OF THE TRUST; PROVIDING
FOR A COST OF LIVING ADJUSTMENT FOR RETIRED PARTICIPANTS BASED
UPON ACTUARIAL GAINS AND LIMITED TO THE CONSUMER PRICE INDEX FOR
URBAN CONSUMERS; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A
REPEALER; AND PROVIDING FOR AN EFFECTIVE DATE. (Second Reading)
City Attorney Ansbro read the title of the Ordinances in Item 8.1 and 8.2 for second reading.
As the Commission representative on the General Employees Pension Board, Commissioner
Cali presented investment growth information about the pension fund over the past 10 years.
He mentioned that changes were made on the Board's investment approach and the firm of
Smith Barney monitors the investment actions by SunTrust. At no point is the fund invested
MINUTES-REGULAR MEETING 5 SEPTEMBER 26, 2000
more than 60% in equities and negative stocks are not selected. The fund is more of a value
• fund than a growth fund portfolio and the other 40% of the fund is invested in high grade US
government bonds on a fixed income. In 1997, the Board of Trustees took a smoothing
approach with the fund which took the value of appreciation for one year and spread it out over
the next five years so that in any one year when an enormous gain is experienced only 20% of
that gain is used for actuarial valuation of the fund. Commissioner Cali provided charts showing
the overall valuation history of the General Employees Pension Fund which showed that from
1997 to August 31, 2000, the fund grew from $6.2 million dollars to $10 million dollars.
Commissioner Cali advised that there is currently over a half.million dollars in the bank for future
years for the fund. From 1979 to 1999, the City's contribution into the General Employees Fund
was an average of$127,000.00 a year and last year the City only had to contribute $15,000.00.
In the current year, the City will not need to make any contribution into the General Employees
Pension Fund as the fund is well over-funded.
Commissioner Cali advised that the Pension Board is requesting approval to allocate a COLA
(Cost of Living Adjustment) to the plan's retirees and provide 1/3 coverage of the insurance
costs for retirees based on actual gains in the fund. Commissioner Cali clarified that he is
resigning from the City Commission as of March 2001 and that he does not personally gain from
any actions on the ordinances since he is not vested in the General Employees Pension Fund.
Commissioner Cali pointed out that these changes will affect the lives of so many General
Employees who have worked 25 to 30 years for the City. He noted that there are few pension
plans in the United States that can claim this kind of employer contribution benefit over a 20
year period of time. Commissioner Cali commended the efforts of the General Employees
Pension Board of Trustees who have worked as a team to ensure that the investments exceed
the S&P 500 rate of return. He also mentioned that there hasn't been very much turn over in the
actual investments which means that the fund is not paying out enormous fees to the
investment manager.
..Commissioner Mikes agreed that the General Employees should.be provided medical coverage
assistance for their retirees since this group of employees does not have the opportunity to
increase salaries like the Fire Department personnel who can also work second jobs in addition
to their positions at the City because of their work schedules.
Commissioner Etling was pleased to extend the benefits to the General Employees since there
are so many employees who are working 2 and 3 jobs and he commended Commissioner Cali
for his financial expertise on the General Employees Pension Board.
Mayor McElyea opened the public hearing on both items 8.1 and 8.2.
William Johnson, President of the General Employees Association Union, commended the
Pension Board members and supported the adoption of both ordinances.
Chuck Cook, Pension Board member and employee, stressed the importance adopting the
ordinances to provide some additional protections for retirees and thanked the City Commission
for its support of the General Employees.
Hearing no further comments, Mayor McElyea closed the public hearing.
A motion was made by Commissioner Etling, seconded by Commissioner Cali, adopting the
Ordinance on second reading.
MINUTES-REGULAR MEETING 6 SEPTEMBER 26, 2000
The motion passed on the following 3/2 roll call vote.
Commissioner Cali —yes Commissioner Etling-yes
Commissioner Mikes —abstained Vice-Mayor Bertino —abstained
Mayor McElyea-yes
City Attorney Ansbro recommended that Vice-Mayor Bertino and Commissioner Mikes abstain
from voting on the ordinances since they are both already vested in the Pension Fund.
8.2 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CODE
OF ORDINANCES RELATING TO PARTICIPATION IN GROUP INSURANCE,
PROVIDING THAT RETIRED OFFICIALS AND EMPLOYEES SHALL PAY ONE THIRD
OF GROUP INSURANCE PREMIUM FOR CONTINUED PARTICIPATION; PROVIDING
FOR AN ADDITIONAL GROUP INSURANCE SUBSIDY FOR PARTICIPANTS IN THE
CITY RETIRMENT PLAN; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR
A REPEALER; AND PROVIDING FOR AN EFFECTIVE DATE. (Second Reading)
Public hearing conducted under Item 8.1.
A motion was made by Commissioner Etling, seconded by Commissioner Cali, adopting the
Ordinance on second reading.
The motion passed on the following 3/2 roll call vote.
Commissioner Cali —yes Commissioner Etling-yes
Commissioner Mikes —abstained Vice-Mayor Bertino —abstained
Mayor McElyea-yes
8.3 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA PERTAINING TO
CAMPAIGN FINANCING; LIMITING TO $200.00 CAMPAIGN CONTRIBUTIONS AND
EXPENDITURES GIVEN BY INDIVIDUALS AND POLITICAL COMMITTEES TO
CANDIDATES FOR THE OFFICES OF CITY COMMISSIONERS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE. (Second Reading)
City Attorney Ansbro read the title of the ordinance for second reading.
Mayor McElyea opened the public hearing.
Jay Field supported the Ordinance and was advised that $200.00 could be collected in each of
the Primary and the General Elections for a total of$400.00 from one contributor.
Hearing no further comments, Mayor McElyea closed the public hearing.
Commissioner Mikes advised that he is sponsoring the ordinance as a way to reduce the
excessive amounts of money collected in campaigns to reduce influence over candidates from
special interest groups.
Commissioner Etling opposed the ordinance as he didn't believe that lowing the limit was going
. to change methods by candidates to receive funds and that the integrity of the candidate is what
actually counts. He expressed concern that the methods which could be used to circumvent
MINUTES-REGULAR MEETING 7 SEPTEMBER 26, 2000
this limitation would only make it more difficult for the public to know where a candidate's
campaign funds were actually coming from.
Commissioner Cali pointed out the need to include reporting requirements into the ordinance to
reduce impact on staff by making the candidate responsible for providing a cumulative
reconciliation of all of the dollars received from each donor. In addition, he recommended that
the ordinance include the same restrictions imposed on candidates running for Federal office
that prohibits funds being received from corporations or business entities and leave the amount
at a $500 limit as a step towards Campaign Finance Reform. City Attorney Ansbro advised that
someone receiving campaign funds in excess of the amount allowed would carry a penalty of
$500 or 60 days in jail or both which would be imposed by a county judge with a time frame for
prosecution of probably one year.
Mayor McElyea advised that the limit on funds will not necessarily reduce the amount received
depending on the number of contributors from whom a candidate could receive contributions.
Vice-Mayor Bertino advised that contributions can be masked by coming from many sources
and that campaign costs are escalating and that candidates need to collect substantial amounts
to run for office. He recommended maintaining the State Law guidelines on campaign amounts.
Commissioner Mikes was of the opinion that lowering the amount of campaign funds per donor
would reduce special interest group influence and he mentioned that since the City of Dania
Beach is a small town and that he believes that excessive campaign amounts are not
necessary.
Commissioner Cali amended the motion to include the same restrictions imposed on candidates
running for Federal office that prohibits funds being received from corporations or business
entities and amend the dollar amount back to $500. The motion was seconded by Vice-Mayor
Bertino.
The motion failed on the following 2/3 roll call vote.
Commissioner Cali —yes Commissioner Etling-no
Commissioner Mikes —no Vice-Mayor Bertino —yes
Mayor McElyea-no
A motion was made by Commissioner Mikes, seconded by Mayor McElyea, after passing the
gavel, to adopt the ordinance on second reading.
The motion failed on the following 2/3 roll call vote.
Commissioner Cali —no Commissioner Etling-no
Commissioner Mikes —yes Vice-Mayor Bertino —no
Mayor McElyea-yes
•
MINUTES-REGULAR MEETING 8 SEPTEMBER 26, 2000
. (Request for continuance of Second Reading to October 10, 2000)
8.4 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, APPROVING EXECUTION OF AN AGREEMENT OF LEASE AMONG THE
CITY OF DANIA BEACH AND WHISKEY CREEK FOOD & TACKLE, INC. PERTAINING
TO A PARCEL OF LAND LOCATED AT DANIA BEACH FISHING PIER AND MORE
PARTICULARLY DESCRIBED IN THE ATTACHED EXHIBITS TO LEASE
AGREEMENT; AUTHORIZING AND DIRECTING THE EXECUTION OF THE
AGREEMENT OF LEASE BY THE APPROPRIATE.CITY OFFICIALS; PROVIDING
FOR CONFLICTS; PROVIDING A SEVERANCE CLAUSE; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE. (Second Reading)
City Manager Smith requested a continuance of the public hearing to October 10th and
mentioned that further discussion will be conducted at a workshop meeting following the Final
Budget Hearing on September 28tn
A motion was made by Vice-Mayor Bertino, seconded by Commissioner Etling, continuing
second reading of the Ordinance to October 10, 2000.
The motion passed on the following 5/0 roll call vote.
Commissioner Cali —yes Commissioner Etling-yes
Commissioner Mikes —yes Vice-Mayor Bertino —yes
Mayor McElyea-yes
8.5 (a) AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING
TO CHAPTER 8 OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS
ENTITLED "BUILDINGS"; AMENDING THE CODE OF ORDINANCES TO REVISE THE
PERMITS AND INSPECTION FEE SCHEDULE, AND PROVIDING THAT THE FEES
SHALL BE SET FORTH BY RESOLUTION OF THE CITY COMMISSION; UPDATING
CODE REFERENCES; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Second Reading)
Ken Koch, Building Official, advised that he conducted a review of the City's code in reference
to building permit fees and that the State Law requires that municipalities use the fees collected
from building inspections and permits to operate the Building Division. He mentioned that
inspectors must make several trips out to the site on each inspection and that the City is not
collecting enough fees to operate the division.
Mr. Koch assured Commissioner Etling that current applications for permits will not be imposed
with the new $75.00 fee and that the fee will go into effect for new applications from this date
forward and he explained that the Building Official has the discretion on how to charge when
revisions to plans require additional reviews.
Mayor McElyea opened the public hearing.
Ralph Viviano, Meadowbrook Condominium Phase IV, opposed the increase in permit and
inspection fees based on the fact that $75.00 is too high for minor installations such as water
heaters or air conditioners.
•
MINUTES-REGULAR MEETING 9 SEPTEMBER 26, 2000
Ken Koch agreed to review the rate schedule to see if the low end items could be reconfigured
and bring the resolution back at the next meeting, however, he requested that the ordinance be
adopted tonight.
Commissioner Etling asked that Ken remove pole signs in #11 under Structural and that
"Monument Signs" be inserted in its place.
Hearing no further comments, Mayor McElyea closed the public hearing.
(b) A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A
SCHEDULE OF PERMIT FEES FOR CONSTRUCTION IN ACCORDANCE WITH
SECTION 166.222, FLORIDA STATUTES,; PROVIDING FOR EXECUTION OF SAID
SCHEDULE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
A motion was made by Vice-Mayor Bertino, seconded by Commissioner Cali, adopting the
Ordinance on second reading with the understanding that Ken Koch will reconfigure the rate
schedule and bring it back to the City Commission at its October 10, 2000 meeting.
The motion passed on the following 5/0 roll call vote.
Commissioner Cali —yes Commissioner Etling-yes
Commissioner Mikes—yes Vice-Mayor Bertino—yes
Mayor McElyea-yes
8.6 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, APPROVING EXECUTION OF A RECOGNITION AGREEMENT AMONG
THE CITY, BANC OF AMERICA COMMERCIAL FINANCE CORPORATION AND
HARBOUR TOWNE ASSOCIATES, PERTAINING TO A PARCEL OF LAND LOCATED
WITHIN THE AREA KNOWN AS HARBOUR TOWNE MARINA MORE PARTICULARLY
DESCRIBED IN THE RECOGNITION AGREEMENT; AUTHORIZING AND DIRECTING
THE EXECUTION OF THE RECOGNITION AGREEMENT BY THE APPROPRIATE
CITY OFFICIALS; PROVIDING FOR CONFLICTS; PROVIDING A SEVERANCE
CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Continued Second
Reading from 9112/00 Regular Meeting)
City Attorney Ansbro read the title of the ordinance and requested continuance to October 10,
2000.
A motion was made by Vice-Mayor Bertino, seconded by Commissioner Etling, continuing
Second Reading of the Ordinance to October 10, 2000.
The motion passed on the following 5/0 roll call vote.
Commissioner Cali —yes Commissioner Etling-yes
Commissioner Mikes —yes Vice-Mayor Bertino —yes
Mayor McElyea-yes
•
MINUTES-REGULAR MEETING 10 SEPTEMBER 26, 2000
8.7 SP-38-00 — Site Plan request by William and Dawn Cepek for a 1,295 square foot second
floor addition to the existing business known as the Sign Studio. Property located at 2381 Griffin
Road, Dania Beach.
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN
REQUEST SUBMITTED BY WILLIAM AND DAWN CEPEK, FOR PROPERTY LOCATED AT
2381 GRIFFIN RD., DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
Laurence Leeds, Growth Management Director, advised that the applicant has received
approval of a Site Plan for the first floor and is now asking approval of the second floor for his
business located in the western portion of the City. Mr. Leeds pointed out the conditions that
were still outstanding and included a condition that the applicant complete the sod
improvements on the south and west side of the building as indicated on the exhibit prior to
obtaining a Certificate of Occupancy for the second floor addition. Mr. Cepek agreed to provide
Mr. Leeds with an 8 '/2" by 11" copy of the Site Plan Exhibit presented to the City Commission.
Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, the
Mayor closed the public hearing.
A motion was made by Commissioner Cali, seconded by Vice-Mayor Bertino, adopting the
resolution approving SP-38-00 with the following four conditions:
1) Sidewalk to be provided along SW 24'h Avenue (show on plan).
2) Applicant to provide more detail with respect to "Decorative Bands". Building colors
(existing and new)should be indicated on plan.
3) The applicant should submit a signed affidavit indicating building usage.
4) The applicant shall complete the sod improvements to the south and west side of the
building as indicated on the exhibit prior to obtaining a C.O. for the second floor addition.
The motion passed on the following 5/0 roll call vote.
Commissioner Cali —yes Commissioner Etling-yes
Commissioner Mikes —yes Vice-Mayor Bertino —yes
Mayor McElyea-yes
8.8 SP-40-00 — Site Plan request by AMO-RTM Star Center for Phase I of the AMO-RTM
Star Center Maritime Rescue Training Facility to be located on the south side of the
Dania Cut-off Canal, the north side of NE 3rd Terrace, west of Gulfstream Road and east
of Royal Palm Yacht Basin.
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE
PLAN REQUEST SUBMITTED BY AMERICAN MARITIME OFFICERS RTM STAR
CENTER, FOR PROPERTY LOCATED ON THE SOUTH SIDE OF THE DANIA CUT-
OFF CANAL, THE NORTH SIDE OF NE 3RD TERRACE, WEST OF GULFSTREAM
ROAD, AND EAST OF THE ROYAL PALM YACHT BASIN AND ALSO KNOWN AS
THE "SCHICK PLAT', IN DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
Laurence Leeds, Growth Management Director, recommended approval of the Site Plan for
Phase I of the AMO-RTM Star Center Maritime Rescue Training Facility and clarified that Phase
MINUTES-REGULAR MEETING 11 SEPTEMBER 26, 2000
II is not submitted for Site Plan review at this time. Mr. Leeds presented the five conditions that
0 he recommended be included with the approval.
Dave Zelch, Architect, introduced Captain Jerry Pernell and Kevin McCabe, EDC who were also
present to respond to questions. Mr. Zelch advised that the site had been a salvage yard and
unimproved property fronting the Dania Cut-off Canal and that the net usable property is roughly
1/3 of an acre. He then explained the design for the training program that will include a single-
armed davit for a 20 foot zodiac vessel and on the east side of the basin and a twin arm davit
that will support rescue vessels commonly seen on cruise ships. The site will be paved and a
drainage system will be provided and Mr. Zelch agreed to all of the conditions presented.
Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, the
Mayor closed the public hearing.
A motion was made by Commissioner Etling, seconded by Commissioner Cali, adopting the
resolution approving SP-40-00 with the following conditions, as recommended by staff and
agreed to by the Petitioner:
1) A hedge shall be provided along both sides of the six foot screen wall.
2) Chain link fence not to exceed six feet in height.
3) One additional tree (or cluster of three palms) to be provided along the south side of the
screen wall.
4) Landscape materials to be reviewed and approved by City Landscape Consultant prior
to submission of Site Plan to the City Commission.
5) NE 3rd Terrace to be improved between as required by the Director of Public
Works/Utilities.
The motion passed on the following 5/0 roll call vote.
Commissioner Cali —yes Commissioner Etling-yes
Commissioner Mikes —yes Vice-Mayor Bertino—yes
Mayor McElyea-yes
8.9 SE-33-00 — Special Exception request by Alan L. Gabriel, Attorney for Nextel South
Corporation, to allow the placement of cellular antennas and support structures on the roof of
the Springhill Suites Hotel. Property located at 151 SW 18th Court, Dania Beach.
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A
SPECIAL EXCEPTION REQUEST SUBMITTED BY ALAN L. GABRIEL, ATTORNEY
FOR NEXTEL SOUTH CORPORATION, FOR PROPERTY LOCATED AT 151 SW 18T"
CT., DANIA BEACH, FOR A SPECIAL EXCEPTION USE TO ALLOW THE
PLACEMENT OF A `STEALTH" (ROOFTOP-ONLY) TELECOMMUNICATIONS
FACILITY ON THE TOP OF THE ROOF OF THE SPRINGHILL SUITES HOTEL, AS
PROVIDED FOR IN THE ZONING APPENDIX, ARTICLE Vill, TELECOMMUNICATION
TOWERS AND ANTENNAS; SECTION 33-308 ZONING DISTRICTS, HEIGHT AND
SETBACK REQUIREMENTS, ETC.; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
Laurence Leeds, Growth Management Director, explained that the Special Exception request is
to allow for the placement of cellular antennas and support structure on the roof of the Springhill
Suites Hotel and that the antennas will be located behind parapet panels and will be painted the
MINUTES-REGULAR MEETING 12 SEPTEMBER 26, 2000
same color as the hotel exterior. The accessory equipment shelter will be located on the roof of
the hotel and appears to extend above the parapet wall so as to be partially visible. Mr. Leeds
advised that the applicant has been asked to provide $5,000.00 to the City Tree Landscape
Fund to mitigate the visual impact of cell-related facilities since he expected many more of these
requests to come before the City Commission in the future. Staff recommends approval subject
to Nextel certification that the construction and operation of the facility will not interfere with any
FAA; aviation-related, or airport-related communications. The Planning & Zoning Board
recommended that the money for the tree fund be contributed within three (3) days of City
Commission approval.
Attorney Alan Gabriel explained efforts to camouflage the structure on the wall and agreed with
all conditions mentioned. He mentioned that he would bring the letter that was requested and
the $5,000 to the building tomorrow should the request be approved.
Commissioner Cali was concerned that the structure weighs 15,000 pounds. Attorney Gabriel
advised that this type of equipment has been installed on numerous buildings and that his client
is very concerned with safety.
Mayor McElyea expressed his concern that there may be radio interference with his business
operations that uses the 157.500 frequency. Mr.Gill, Frequency Engineer, advised that Nextel
is on 806-866 and was confident that there would not be any interference with the 157.500
frequency band but did state that he could not control situations that might arise like failure of
electronic or hardware components.
Commissioner Cali inquired as to what Nextel is being paid by Springhill Suites for the use of
their roof. Attorney Gabriel was unable to say what the amount of the lease was but agreed to
provide information.
Mr. Leeds explained that that the Building Official will review the engineer's report on the weight
of the facility at the time the building permit plans are submitted.
A motion was made by Mayor McElyea, after passing the gavel, seconded by Commissioner
Cali, tabling SE-33-00 to October 10, 2000 with the understanding that the applicant will bring
back a sealed engineering report proving that the roof can hold the weight or whatever is
required by the Building Official and also the dollar value of the lease with Springhill Suite for
placing the facility on the roof.
The motion passed on the following 3/2 roll call vote.
Commissioner Cali —yes Commissioner Etling-no
Commissioner Mikes —yes Vice-Mayor Bertino—no
Mayor McElyea-yes
8.10 ZA-007-00 — Zoning appeal by Ann Hoctor, representing Voicestream Wireless (Omnipoint),
for property located at 111 SE 3rd Avenue (Meadowbrook Condo "B"). Appeal request is from the
decision of the Growth Management Director that the R-3A multi-family residential district does not
permit a stealth rooftop antenna as a special exception use.
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE
ZONING APPEAL REQUEST SUBMITTED BY ANN HOCTOR, REPRESENTING
0 VOICESTREAM WIRELESS (OMNIPOINT), FOR A STEALTH ROOFTOP
MINUTES-REGULAR MEETING 13 SEPTEMBER 26, 2000
TELECOMMUNICATIONS FACILITY PROPOSED TO BE LOCATED AT THE
MEADOWBROOK CONDOMINIUM, '13% 111 SE 3RD AVE., DANIA BEACH;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Laurence Leeds, Growth Management Director, advised that stealth towers are only allowed in
RM districts in accordance with the Code and that Meadowbrook has a zoning district
designation of R-3A (multi-family) which was adopted when Meadowbrook was originally built,
prior to the establishment of the current zoning designations.
Cliff Hurt, Omni Point, advised that the facility they are trying to install on the rooftop is only
1,350 pounds because it is a different technology than Nextel had presented earlier in the
meeting. He urged the City Commission to approve the zoning appeal request so that his
company could go through the process and provide drawings and Site Plans to show a better
design of the stealth rooftop antenna.
Commissioner Cali advised that he has received many complaints against this request and
recommended that the applicant meet with the Meadowbrook Phase IV residents so that
everyone understands what the Special Exception use will allow.
Vice-Mayor Bertino pointed out that the ramifications of the.City Commission approving the
zoning appeal for Meadowbrook Condominium IV is that stealth antennas would be allowed on
all buildings within RM-3A multiple zoning districts.
Discussion followed on whether or not Meadowbrook would want to pursue rezoning for the use.
Commissioner Mikes was also concerned that this zoning appeal would allow a commercial use
into a residential community.
A motion was made by Vice-Mayor Bertino, seconded by Commissioner Mikes, denying the
zoning appeal ZA-007-00 and upholding Growth Management Director's opinion that stealth
rooftop antennas are not a Special Exception use in this specific zoning category.
The motion passed on the following 5/0 roll call vote.
Commissioner Cali —yes Commissioner Etling-yes
Commissioner Mikes —yes Vice-Mayor Bertino—yes
Mayor McElyea-yes
8.11 ZA-010-00 — Zoning appeal by Pat Flury for a vacant lot located directly south
of 29 South Federal Highway, Dania Beach. Appeal is from the decision of the Growth Management
Director that the proposed parking lot is not designed so as to prohibit the backing out of vehicles into
the public Right-of-Way (U.S. 1).
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE ZONING
APPEAL REQUEST SUBMITTED BY PAT FLURY, REPRESENTING SEACOAST LAND
INVESTMENTS, FOR PROPERTY LOCATED AT 29 SOUTH FEDERAL HWY, DANIA BEACH;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Mayor McElyea opened the public hearing.
jo Pat Flury agreed with the configuration presented by Mr. Leeds.
MINUTES-REGULAR MEETING 14 SEPTEMBER 26, 2000
. Hearing no further comments, Mayor McElyea closed the public hearing.
A motion was made by Commissioner Etling, seconded by Vice Mayor Bertino, adopting the
Resolution approving the Zoning Appeal (ZA-010-00) with the Alternative Parking Plan as
presented by Laurence Leeds, Growth Management Director, and with the addition of a hedge
along the north/south lot lines and one additional tree near the handicap parking space.
The motion passed on the following 5/0 roll call vote.
Commissioner Cali —yes Commissioner Etling-yes
Commissioner Mikes —yes Vice-Mayor Bertino —yes
Mayor McElyea-yes
Item 8.12 replaced Item 6.6 under the Consent Agenda due to the need to hold a Public Hearing.
8.12 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER
28, ZONING, ARTICLE 28.190(5) SIGNS; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE. (TX-08-00 First Reading)
City Attorney Ansbro read the title of the ordinance for first reading.
Laurence Leeds, Growth Management Director, advised that the previous sign that was
installed was not approved by the City and may not have been permitted by Broward County.
The text change is needed in order to finish the sign and will allow pre-existing monument signs
in medians to be replaced provided a pre-existing permit is issued by the City or the County.
The issue relates to a Revocable License Agreement attached to the Ordinance.
Attorney Barbara Hall, Greenberg, Traurig, et al, explained that the signage was installed under
a License Agreement with Broward County and it covered the signage, landscaping and
irrigation in the median for 30th Avenue. She advised that her client would like to replace the
sign with an upgraded identification sign for Port 95 and that a contribution of$10,000.00 has
been held in a trust account with City Attorney Ansbro since December 1999.
Mayor McElyea opened the public hearing.
Jay Field stressed his dissatisfaction with the development of Port 95 that has deteriorated the
residential community and he was appalled at the County's approval of a four lane highway
many years ago. He disagreed that the City has any obligation to approve a commercial sign for
a Hollywood Industrial park at the entrance into a Dania Beach residential community. Mr.
Fields mentioned that lighting was supposed to be compatible for the residential community and
has never been addressed and, as a last resort, he urged the City Commission to obtain a
routing agreement to make the trucks use State Road 84.
Bill Hyde agreed with Mr. Field's comments about Alandco's uncooperative attitude towards the
residential community and he was concerned that Alandco will not be any different towards the
residents should this sign be approved.
Hearing no further comments, the Mayor closed the public hearing.
0
MINUTES-REGULAR MEETING 15 SEPTEMBER 26, 2000
Vice-Mayor Bertino made a motion, seconded by Commissioner Mikes, continuing first reading
of the Ordinance until a committee can be formed that would include an appointee by each City
Commissioner that can meet with Alandco and work together to bring back a recommendation
to the City Commission that will address the concerns of the residential neighborhood.
The motion passed on the following 5/0 roll call vote.
Commissioner Cali —yes Commissioner Etling-yes
Commissioner Mikes —yes Vice-Mayor Bertino —yes
Mayor McElyea-yes
Attorney Hall agreed to meet with all parties to help reach a resolution to the problems in the
community.
Vice Mayor Bertino appointed Jay Field and Commissioner Etling appointed Bill Hyde to the
committee.
Commissioner Cali, Commissioner Mikes and Mayor McElyea were encouraged to provide their
appointments to City Manager Smith as soon as possible so that a meeting could be scheduled
with Alandco.
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. Comments of any nature shall be responded to
by the office of the City Manager. If,within three(3)business 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 mentioned that he was going to give some of his time over to Shani
White to speak on the Million Man March item but she was not present.
10.2 Commissioner Etling encouraged the public to attend an upcoming neighborhood
conference being held in Fort Lauderdale as Dania Beach is one of the conference's sponsors
and will be offering a tour of the City's neighborhoods to conference participants throughout the
State.
10.3 Commissioner Mikes stressed the need for Bud Palm, Utilities/Public Works Director, to
provide high-visibility jackets for Public Works employees when they are working in the highway
medians and mentioned that he may reconsider his vote for a raise if the matter is not
addressed.
10.4 Vice-Mayor Bertino-no comments
10.5 Mayor McElyea recommended speed bumps being installed for the new Motorola Park
on 7th Avenue. City Manager Smith disagreed that speed bumps were needed, explained his
reasons for his stance on this issue, and recommended offering a grant to the Housing Authority
for the installation of a fence as a cheaper method of dealing with the traffic issue.
MINUTES-REGULAR MEETING 16 SEPTEMBER 26, 2000
01. DISCUSSION AND POSSIBLE ACTION:
(continued from 9/12/2000 regular meeting)
11.1 Discussion of amendment to terms for the 5th Member and the 5th Member Alternate on
the Civil Service Board. (Kurt Ely)
Kurt Ely, Chairman of the Civil Service Board, explained that the terms do not expire in the
same year for Richard Eglinas, who serves as a regular member of this Board, and Bertha
Snell, who serves as the alternate for Mr. Eglinas' 5th member position. Mr. Ely recommended
that the term of Richard Eglinas be extended to 2004 to coincide with the term of Bertha Snell.
A motion was made by Vice-Mayor Bertino, seconded by Commissioner Cali, directing City
Attorney Ansbro to draw up a resolution making this term amendment to the Civil Service Board.
The motion passed on the following 5/0 roll call vote.
Commissioner Cali —yes Commissioner Etling-yes
Commissioner Mikes —yes Vice-Mayor Bertino —yes
Mayor McElyea-yes
11.2 Discussion current and future city tax rates. (Commissioner Mikes)
Commissioner Mikes mentioned the City Commission's actions to reduce the millage rate back
to the roll back rate and requested that a Charter amendment be prepared to require a 4/5 vote
to raise the millage in order to place more pressure on staff to cut costs.
Commissioner Cali suggested placing the issue on the ballot for the March election. It was
noted that a referendum is not needed and that the Charter can be amended by ordinance.
11.3 Discussion of dead trees along Griffin Road/NW 10th Street wall. (Commissioner Mikes)
Commissioner Mikes asked that the Public Works Department replace 10 of the dead trees
along Griffin Road/NW 10 Street. City Manager Smith advised that the ficus hedges kill the
existing trees.
11.4 Discussion of Public Participation Policy. (Vice-Mayor Bertino)
Vice-Mayor Bertino mentioned a letter that was received from a person in charge of a citizen
group concerning public participation at Dania Beach. He mentioned the possibility of Hollywood
using this against the City in the annexation issue and suggested that the City establish the
same procedure for public participation that is used by Hollywood, which allows citizens to
speak with City Commissioners a half hour before regular meetings begin.
City Attorney Ansbro was directed to prepare an amendment for the October 10th meeting.
12. APPOINTMENTS
12.1 Appointment of 2 members to the Airport Advisory Board.
12.2 Appointment of 2 members to Human Relations Board.
MINUTES-REGULAR MEETING 17 SEPTEMBER 26, 2000
• 12.3 Appointment of 1 member to the Marine Advisory Board.
12.4 Appointment of 2 members to the Occupational License Review Advisory Board.
12.5 Appointment of 4 members to Parks, Recreation and Community Affairs Advisory Board.
12.6 Appointment by Commission of one (1) Alternate for citizen member to the Civil Service
Board.
A motion was made by Vice-Mayor Bertino, seconded by Commissioner Etling, adopting a
resolution appointing Sophie Steele to complete the term of Bobbie Grace on the Dania Beach
Housing Authority.
The motion passed on the following 5/0 roll call vote.
Commissioner Cali —yes Commissioner Etling-yes
Commissioner Mikes —yes Vice-Mayor Bertino—yes
Mayor McElyea-yes
13. ADMINISTRATIVE REPORTS
13.1 City Manager- Million Man March Request by Shani White-
City Manger Smith recommended denial of the request from Shani White as the cost is
$4,000.00 to schedule a bus to Washington, D.C. for the Million Man March.
9/28/00, Thursday, 7:00 p.m. - Final Budget Hearing
City Manager Smith advised that a workshop meeting will follow the Budget Meeting on
Thursday to discuss the Tarpon Bend restaurant lease.
9/30/2000-Saturday at 10:00 a.m. the grand opening of the YMCA/Center for Success.
City Manager Smith presented a draft Core Values as part of continuing vision and mission
statement development for the City. He asked that the City Commission provide their input on
whether they support the Core Values or advise him of any changes so that they can be
incorporated into the City's organizational culture.
October 3, 2000, Main Street reception at the Nyberg/Swanson House for mural.
October 18, 2000 was selected for the breakfast with Sheriff Jenne, BSO.
Churches Chicken landscape plan was provided to the City Commission. Laurence Leeds
advised that Mr. Jay Kodner has sent a letter advising that he contracted Legionnaires disease
and has been very ill for quite some time, thus delaying his submission of his revised plans for
his building.
13.2 City Attorney-no comments
•
MINUTES-REGULAR MEETING 18 SEPTEMBER 26, 2000
•14. ADJOURNMENT
The meeting was adjourned at 11:50 p.m.
_ r /
MA K OR-COM Sv ER
ACTING CITY CLERK
Respectfully submitted by
Charlene Johnson
Deputy City Clerk
APPROVED: 10/10/2000
0
MINUTES-REGULAR MEETING 19 SEPTEMBER 26, 2000