HomeMy WebLinkAbout2000-12-12 Regular City Commission Meeting Minutes MINUTES
DANIA BEACH CITY COMMISSION
REGULAR MEETING
DECEMBER 12, 2000
1. CALL TO ORDER:Mayor McElyea called the meeting to order at 7.35 p.m.
2. INVOCATION AND PLEDGE OF ALLEGIANCE:
*Reverend Gary Culbertson, Griffin Road Baptist Church
3. ROLL CALL:
Present:
Mayor: Charles McElyea
Vice-Mayor: John Bertino
Commissioners: Jim Cali
John Etling
Bob Mikes
Assistant City Attorney: Gary Resnick
City Manager: Mike Smith
Deputy City Clerk: Charlene Johnson
4. CITIZENS'COMMENTS:
Addressing the Commission: Comments by Dania Beach citizens or interested parties that are not part of the regular agenda
may be made during each Commission meeting during the period set aside for"citizen comments." A thirty(30)minute"citizen
comments" period shall be designated on the agenda for citizens and interested persons to speak on matters not scheduled on
that day's agenda. The citizen comments period shall begin promptly at 7:30 PM. Each speaker shall be limited to 3 minutes for
his or her comments. Persons desiring to speak during the citizen comment period shall inform the City Clerk immediately prior
to the beginning of the meeting of their intention to speak. If more than 10 speakers express a desire to speak,the Commission
shall determine on a meeting by meeting basis whether to(a)extend the time allotted for citizen comments to accommodate all
speakers, or (b) whether to limit the number of speakers or amount of time per speaker. A speaker's time shall not be
transferable to another speaker.
Gary Garafalo, on behalf of the C.O.P. (Citizens on Patrol) Program, commended
Detective Richard Tarrant for his efforts to help develop and guide the C.O.P. program.
5. PRESENTATIONS:
5.1 BSO Deputy of the Month: Detective Richard Tarrant.
Chief Robert Anton, BSO, mentioned efforts by Detective Richard Tarrant to develop the
City's youth football program through the PAL program, partially funded by BSO, and to
raise additional funds to make the program a success. Chief Anton advised that Randy
Wilkinson, Parks & Recreation Director, and Mardie Holloway, Parks Coordinator, were
also helpful in making the football program a success and in collecting over $8,000.00 to
support the program. Chief Anton was pleased to say that the program is expected to
expand to six teams next year. Detective Tarrant was awarded the Deputy of the Month
for November 2000.
is
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CITY OF DANIA BEACH 1 DECEMBER 1 Z 2000
Detective Tarrant expressed his appreciation for being recognized and explained that
the program could not have been possible without the team effort and special assistance
extended by Mardie Holloway.
Director Wilkinson, on behalf of the coaches and players, presented Detective Tarrant
and Mardie Holloway with special football statues.
Item 11.6 was heard after 5.1.
5.2 Fire Rescue Presentations:
*A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, COMMENDING LEE NEAL,
MANAGER, POWER SPORTS OF FORT LAUDERDALE, FOR THE DONATION OF A 1999
KAWASAKI "MULE" (A TYPE OF ALL-TERRAIN VEHICLE) TO BE UTILIZED BY THE CITY OF
DANIA BEACH FIRE-RESCUE DEPARTMENT; AND PROVIDING FOR AN EFFECTIVE DATE.
Michael Brown, Deputy Fire Chief, explained that the General Manager Lee Neal, Power
Sports of Fort Lauderdale, and Bryan Walsh, Firefighter/Paramedic, were instrumental in
the donation of a 1999 Kawasaki "Mule" (a type of all-terrain vehicle) for the Fire Rescue
Department. Deputy Chief Brown presented an award to Bryan Walsh and asked that
Mr. Walsh forward the other award onto Mr. Neal who was unable to attend tonight's
presentation.
At the end of the meeting, 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
*Department Commendations
Deputy Chief Brown presented commendations to Wendy Shaffer, daughter of Mayor
McElyea, and Bill Bates, of Stewarts Garage, for donating their time and talent to paint
the "Mule" (a type of all-terrain vehicle) for use by the Fire Rescue Department.
5.3 Update on fundraising efforts by COTA (Children's Organ Transplant
Association) for kidney transplant for Sydni Haden. (Pat Janowski)
Pat Janowski, grandmother of Sydni Haden, and her daughter, Stephanie, mother of
Sydni, updated the City Commission on fundraising efforts to supply the baby with a
kidney transplant and presented their appreciation to the City Commission for its support
this past year. Mrs. Janowski presented a CD of Christmas songs, donated by the
performer, that are being sold to raise contributions. The public was encouraged to
purchase the CD for$10.00 by calling (954) 983-1999. Mayor McElyea purchased 10
CD's towards the cause.
6. PROCLAMATIONS:
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CITY OF DANIA BEACH 2 DECEMBER 12, 2000
City Manager Smith presented a proclamation recognizing Charlene Johnson, Deputy
City Clerk, for receiving the designation of CMC (Certified Municipal Clerk) through the
IIMC (International Institute of Municipal Clerks) and FACC (Florida Association of City
Clerks), Institute in Government program.
ITEMS PULLED FROM THE CONSENT AGENDA: Commissioner Mikes pulled Items
7.3, 7.4 and 7.5.
7. CONSENT AGENDA (including expenditures):
Bills: None.
Minutes:
7.1 Approval of minutes from the November 28, 2000 Regular Meeting.
7.2 Approval of minutes from the June 1, 1999 Special Meeting.
Resolutions:
7.6 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 13,
2001 FOR THE PURPOSE OF NOMINATING CITY COMMISSIONERS TO BE VOTED
UPON AT THE GENERAL ELECTION TO BE HELD ON TUESDAY, MARCH 13, 2001,
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Ordinances— Title to be read by city attorney
7.7 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, ASSESSING A FEE ON
TELECOMMUNICATIONS COMPANIES THAT OCCUPY MUNICIPAL RIGHTS-OF-WAY
FOR TELECOMMUNICATIONS FACILITIES; PROVIDING FOR WHEN PAYMENTS ARE
DUE; PROVIDING FOR INTEREST; PROVIDING FOR REVIEW OF RECORDS;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE. (First Reading)
7.8 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE
REZONING REQUEST BY JAMES AND SANDRA NEMETZ, OWNERS OF "AMES AND
SONS, INC.", FOR PROPERTY LOCATED AT 2251 STIRLING ROAD, 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 IROM (INDUSTRIAL RESEARCH OFFICE
MARINE) TO THE CLASSIFICATION OF C-4 (COMMERCIAL) SUBJECT TO CERTAIN
RESTRICTIONS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE. (First Reading)
7.9 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 26,
VEGETATION, OF THE CITY'S CODE OF ORDINANCES TO PROVIDE A NEW
STANDARD FOR TREE PRUNING BY AMENDING ARTICLE II, TREE PRESERVATION,
ARTICLE III, TREE ABUSE, AND ARTICLE IV, LANDSCAPING; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (First Reading)
Assistant Attorney Resnick read the titles of the Ordinances for first reading.
• A motion was made by Commissioner Cali, seconded by Commissioner Etling,
approving the Consent Agenda with the exception of Items 7.3, 7.4 and 7.5.
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CITY OF DANIA BEACH 3 DECEMBER 12, 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
ITEMS PULLED FROM THE CONSENT AGENDA:
7.3 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING AN INTERIM
FRANCHISE AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND ADELPHIA
BUSINESS SOLUTIONS INVESTMENTS, 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 TO PROVIDE
TELECOMMUNICATIONS SERVICES; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
Assistant City Attorney Resnick advised that on January 1, 2001, the City will be
prohibited from entering into franchise agreements for telecommunications services in
accordance with legislation last year. Adelphia Business Solutions is seeking an
agreement to provide telecommunications services to businesses within the City by
applying for permits to use the rights-of-ways as approved by staff. At the time of
applying for permits, the companies are required to submit plans indicating the routes to
be used and whether the installations are over head or underground facilities. Attorney
Resnick mentioned that conditions for using the rights-of-ways have been provided in
• the agreement that protect the City for restoration of the rights-of-ways or removal of
facilities, if necessary.
Commissioner Mikes expressed concern with the volume of fiber optic installations that
might be coming into the City and the impact on usable space available to the City for
future redevelopment or major change in infrastructure. Attorney Resnick agreed that
there will be numerous telecommunications companies seeking access to the City's
rights-of-ways. He explained that the City' has the authority to designate routes and to
decide when certain routes have exceeded the load capacity. Attorney Resnick assured
the City Commission that the proposed agreement provides ample protections for the
City and reminded them that an ordinance would be brought back in January
establishing usage in the rights-of-way by telecommunication companies that would
supercede this agreement. Attorney Resnick pointed out that the agreement in Item 7.4
is identical to the Adelphia agreement and that the agreement presented in Item 7.5 is
substantially different because the company is not a telecommunications company.
Attorney Resnick explained that last year the legislature passed the Communications
Simplified Services Tax Law which is supposed to be revenue neutral by allowing a fee
of 1% of the gross revenues for municipalities. The upcoming legislative session in
March is expected to set a tax rate for all telecommunications and cable providers for the
entire State of Florida. Attorney Resnick advised that there are mechanisms built into
the new statute allowing cities to increase the tax rate set by the legislature as long as
the amount is lower than what was received in the past. Cities must have legitimate
reasons for denying the use of the right-of-way and companies are required to provide a
• survey before installations.
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CITY OF DANIA BEACH 4 DECEMBER 1 Z 2000
Vice-Mayor Bertino was concerned with providing vested rights to these types of
companies in the event that the City had to pursue litigation to have the facilities
removed and didn't feel that the amount being charged to use the right-of-ways was
sufficient for the impact being placed upon City.
City Manager Smith agreed that the right-of-ways need to be managed and protected for
City use, however, he pointed out that business will be driven by the availability of fiber
optic lines in the ground and that the technology provides potential huge economic
development for the City.
Vice-Mayor Bertino recommended that the companies be required to provide
engineering study's to determine the City's infrastructure needs before the Interim
Franchise Agreements are approved.
Commissioner Mikes expressed concern that many of these companies are speculating
and that there is more infrastructure being installed than what is actually needed. He
agreed with Vice-Mayor Bertino that engineering plans be provided and that the City
Commission approve all applications.
Commissioner Cali pointed out that this would be the City's last chance before January
to enter into agreements with telecommunications companies and obtain the revenues
outlined in the agreements. Attorney Resnick agreed and pointed out that in January
telecommunications companies will only have to apply for a permit and that the City will
be obligated to issue a building permit as long as the company meets all of the
requirements.
A motion was made by Commissioner Cali, seconded by Commissioner Etling, adopting
the resolution based on this being the City's last chance to enter into Franchise
Agreements. The following motion to table superceded the motion to approve.
Commissioner Mikes suggested adding the wording to Section 5, Subsection K, first
sentence, "to be subsequently reviewed and approved by the City Commission" and
change Section 5, Subsection d to "Franchisee shall prepare and submit full and
complete maps showing the planned installations of its facilities" in the Franchise
Agreement. Attorney Resnick cautioned the City on making any changes to the
agreement that may not be approved by Adelphia since negotiations have already taken
place.
A motion was made by Vice-Mayor Bertino, seconded by Commissioner Mikes, continue
the resolution to a workshop and special meeting on December 19tn
The motion passed on the following 3/2 roll call vote:
Commissioner Cali-no Commissioner Etling-no
Commissioner Mikes-yes Vice-Mayor Bertino-yes
Mayor McElyea-yes
7.4 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING AN INTERIM
FRANCHISE AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND AMERICAN
COMMUNICATION SERVICES OF JACKSONVILLE, INC., D/B/A E.SPIRE FOR THE USE
OF THE CITY'S RIGHTS-OF-WAY TO CONSTRUCT AND MAINTAIN DUCTS, CONDUITS
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CITY OF DANIA BEACH 5 DECEMBER 12, 2000
AND OTHER COMMUNICATIONS INFRASTRUCTURE AND FACILITIES FOR THE
INSTALLATION OF FIBER OPTIC CABLES AND ASSOCIATED EQUIPMENT TO PROVIDE
TELECOMMUNICATIONS SERVICES; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Vice-Mayor Bertino, seconded by Commissioner Mikes,
continuing the resolution to a workshop and special meeting on December 19tn
The motion passed on the following 3/2 roll call vote:
Commissioner Cali-no Commissioner Etling-no
Commissioner Mikes-yes Vice-Mayor Bertino-yes
Mayor McElyea-yes
7.5 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A RIGHTS-
OF-WAY USE AND MASTER SITE LICENSE AGREEMENT BETWEEN THE CITY OF
DANIA BEACH AND METRICOM, INC. FOR THE USE OF THE CITY'S RIGHTS-OF-WAY
TO CONSTRUCT, OPERATE AND MAINTAIN A WIRELESS DIGITAL DATA
COMMUNICATIONS NETWORK WITHIN THE CITY; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Linda Whitman, representing Metricom, Inc., clarified that Metricom installations include
relay boxes on poles and that they do not involve trenching or digging underground. In
response to discussions regarding Item 7.3 and 7.4, Ms. Whitman advised that Metricom
has increased the franchise fee to 3% and that they agree to provide the City
engineering plans for their installations, if required. In addition, she mentioned that
language has been included in the agreement providing the City with the same benefits
that might be extended by Metricom to another City, the same size or smaller than Dania
Beach, in Broward County, and that a 5,000.00 application fee is also provided. It was
mentioned that the relay boxes will be installed on less than 3% of the light poles in the
City, and will only involve a 'h mile radius.
Laurence Leeds, Growth Management Director, clarified that antennas are not permitted
in single-family residential neighborhoods. Attorney Resnick agreed that Metricom
cannot install their facilities in single family residences if the land use code excludes
antennas in these areas and that this would be determined at the time the company
submits an application for permit with the Building Department as outlined in Section 3 of
the License Agreement.
A motion was made by Commissioner Mikes, 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
Mayor McElyea-yes
8. BIDS AND REQUESTS FOR PROPOSALS:
108.1 Staff recommendation on awarding bid for public bus transportation.
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CITY OF DANIA BEACH 6 DECEMBER 12, 2000
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE THREE
(3) YEAR AGREEMENT WITH A-PLUS TRANSPORTATION, INC. AND THE CITY OF
DANIA BEACH FOR PUBLIC TRANSPORTATION SERVICES; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Jason Nunemaker, Assistant City Manager, advised that three bids were received for the
public bus transportation and that A-Plus Transportation, Inc. is being recommended at
$28.00 per service hour. The cost to the City is expected to be around $15,000.00 per
year and the total cost for the project is around $116,000.00 a year, which is a significant
savings to the City.
City Manager Smith pointed out that the buses will travel an intra-city route and that the
route can be improved over time to include the newly annexation areas.
Carl Myers, A-Plus Transportation, Inc., advised that he currently has contracts with
Broward County and the State of Florida and operates approximately 65 vehicles and
employs a staff of 86. The buses are provided to the City by Broward County and A-
Plus operates the vehicles under a lease as a subcontractor. Broward County requires a
minimum of a 30-minute wait at each location and Mr. Myers was confident that the
requirement could be met with the two proposed buses.
Commissioner Cali cautioned the City on not making the same mistakes that existed
with the last Broward County public transportation agreement when the City changed
routes and caused conflict with the minimum waiting requirement.
Mr. Nunemaker advised that the route is currently outlined to include the beach, the
proposed restaurant at the pier, City Hall, Winn Dixie, Publix on Sheridan Street and
condominiums along the route. He expected to work with Broward County to make
additional changes to the route so as to include major access points. Mr. Nunemaker
explained that the City is not imposing the stop fees on businesses along the route as
this bus system program only focuses on residential transportation needs. He expected
other projects to come back before the City Commission that would include commercial
enterprise. Mr. Nunemaker agreed to include language in the agreement for the City to
receive revenue from the advertising on the two buses.
A motion was made by Commissioner Mikes, 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
Mayor McElyea-yes
9. PUBLIC HEARINGS:
9.1 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE
DEVELOPMENT ORDER FOR THE DESIGN CENTER OF THE AMERICAS
• DEVELOPMENT OF REGIONAL IMPACT ADOPTED BY CITY OF DANIA ORDINANCE NO.
20, AS AMENDED BY CITY OF DANIA ORDINANCE NO. 04-84, CITY OF DANIA
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CITY OF DANIA BEACH 7 DECEMBER 12, 2000
ORDINANCE NO. 22-84, CITY OF DANIA ORDINANCE NO. 05-87, CITY OF DANIA
ORDINANCE NO. 02-88, CITY OF DANIA ORDINANCE NO. 23-90, CITY OF DANIA
ORDINANCE NO. 47-91, CITY OF DANIA ORDINANCE NO. 04-96, AND CITY OF DANIA
BEACH ORDINANCE NO. 2000-017 TO MODIFY CERTAIN CONDITIONS RELATING TO
THE DEVELOPMENT OF THE DESIGN CENTER OF THE AMERICAS DEVELOPMENT OF
REGIONAL IMPACT AND TO MODIFY THE PHASING SCHEDULE DESCRIBED IN THE
DESIGN CENTER OF THE AMERICAS APPLICATION FOR DEVELOPMENT APPROVAL;
PROVIDING THAT ALL TERMS AND CONDITIONS OF THE DEVELOPMENT ORDER
SHALL REMAIN IN FULL FORCE AND EFFECT, EXCEPT AS AMENDED BY THIS
ORDINANCE; PROVIDING FOR SEVERABILITY; PROVIDING THAT ALL ORDINANCES
OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND
PROVIDING FOR AN EFFECTIVE DATE. (Second Reading)
City Attorney Ansbro advised that the public hearing items are quasi-judicial and notified
the City Commission to divulge any communications that may have taken place as each
item was addressed. He read the title of the ordinance for second reading.
Laurence Leeds, Growth Management Director, advised that the petitioners are
requesting an extension to November 2002 for completion of the second office building
and that staff has no objection.
Mayor McElyea opened the public hearing.
Gerry Knight, Holland & Knight, was available for questions and requested adoption of
• the ordinance.
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.
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
9.2 VA-48-00 —Variance request by Robert Rucerito for the construction of a boat lift and dock for
property located at 910 Nautilus Isle, Dania Beach.
A RESOLUTION APPROVING THE VARIANCE REQUEST SUBMITTED BY ROBERT
RUCERITO, FROM ARTICLE II OF THE ZONING APPENDIX - ACCESSORY AND
DETACHED BUILDINGS AND STRUCTURES; SECTION 33-40 - REGULATION AND USE
OF WATERWAYS AND FACILITIES, FOR PROPERTY LOCATED AT 910 NAUTILUS ISLE,
DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
Robert Rucerito requested approval of the variance.
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CITY OF DANIA BEACH 8 DECEMBER 12, 2000
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 Commissioner Cali, seconded by Commissioner Etling, 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
9.3 VA-39-00 —Variance request by Jay Patel, Owner, Luckey's Motel, for property located at 205
North Federal Highway, Dania Beach. Request is to allow a pervious area of 29.31% where
30% is required.
A RESOLUTION APPROVING THE VARIANCE REQUEST SUBMITTED BY JAY
PATEL OWNER, LUCKEY'S MOTEL, FROM CHAPTER 28, ARTICLE 29 - PERVIOUS
AND IMPERVIOUS AREAS, FOR PROPERTY LOCATED AT 205 NORTH FEDERAL
HWY., DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE.
Thomas Ritter was present to respond to questions and request approval.
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 Commissioner Cali, 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
Mayor McElyea-yes
9.4 SP-39-00 — Site Plan approval request by Jay Patel, Owner, Luckey's Motel, to construct a
four-room addition to the existing ten-room hotel located at 205 North Federal Highway, Dania
Beach.
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE
PLAN REQUEST SUBMITTED BY JAY PATEL, OWNER LUCKEY'S MOTEL, FOR
PROPERTY LOCATED AT 205 NORTH FEDERAL HIGHWAY, DANIA BEACH;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition,
Mayor McElyea closed the public hearing.
Commissioner Etling and Commissioner Cali commended the owners for the
is improvements made to the property.
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CITY OF DANIA BEACH 9 DECEMBER 12, 2000
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
9.5 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, DESIGNATING CERTAIN
PROPERTY WITHIN THE CITY OF DANIA BEACH AS A "BROWNFIELD" IN NEED OF
SPECIAL ATTENTION BECAUSE OF THE PUBLIC PERCEPTION OF HAZARDOUS
WASTE CONTAMINATION AND / OR THE EXISTENCE OF HAZARDOUS WASTE
CONTAMINATION LEADING TO THE UNDER UTILIZATION OF THE PROPERTY
LOCATED AT 2850 RAVENSWOOD ROAD ON THE SOUTHEAST CORNER OF THE
INTERSECTION OF RAVENSWOOD ROAD AND STATE ROAD 84; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
Laurence Leeds, Growth Management Director, explained that Brownfield site
designation is an economic development tool and that the applicant is required to clean
up the site and address contamination. The City did advertise the request as required
and staff is recommending approval.
In reference to quasi-judicial proceedings, Commissioner Etling and Commissioner Cali
stated that they both had contact with the owners of the property.
Sheryl A. Dickey, Dickey Consulting Services, Inc., was pleased that the Brownfield
request was advertised as a public hearing by the Growth Management Department and
was available to respond to any questions.
Steve Cissel, representing Uniweld Products, Inc., explained that the business was 45%
destroyed by fire in September 1999 and that the owners investigated the possibility of
rebuilding or relocating to another area. He pointed out that the initial site plan approval
was received in January 2000 and that the site is about 70% complete at this time. Mr.
Cissel explained plans for a foreign trade zone and clarified that the City must approve
the brownfield designation before Uniweld can receive the cleanup funds to clean up the
site. Once the brownfield designation is approved by the City, the company can then
enter into a Brownfield Site Rehabilitation Agreement with Broward County, Department
of Economic Development.
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 Commissioner Cali, seconded by Commissioner Etling, adopting
the Resolution.
The motion passed on the following 5/0 roll call vote:
Commissioner Cali-yes Commissioner Etling-yes
MINUTES
CITY OF DANIA BEACH 10 DECEMBER 12, 2000
Commissioner Mikes-yes Vice-Mayor Bertino-yes
. Mayor McElyea-yes
City Attorney Ansbro commended the efforts performed by Mr. Steve Cissel in the
redevelopment of the Uniweld Product, Inc. company.
10. COMMISSION COMMENTS:
10.1 Commissioner Cali wished everyone Happy Holidays.
10.2 Commissioner Etling confirmed with City Manager Smith that the City Commission is
scheduled to tour the I.T. Parker House at the Hilton Gardens site tomorrow.
Commissioner Etling urged the public to attend the City's upcoming New Year's Eve
bash at Dania Beach and wished everyone Happy Holidays.
10.3 Commissioner Mikes mentioned that the City has had a very successful year and commended
City staff and Fire and BSO personnel for their efforts to help in the recent annexation
campaign. He expressed appreciation to the community and volunteer groups like Turn
Around Dania Beach and C.O.P. program for their crime prevention efforts.
After discussion regarding action at the October 10tn City Commission meeting to deny
the request by C.O.P. members for the City to contribute to their upcoming appreciation
banquet, a motion was made by Commissioner Mikes, seconded by Commissioner Cali,
authorizing $2,500.00 towards the costs for the C.O.P. program appreciation banquet
scheduled January 24tn
Vice-Mayor Bertino advised that he is also a member of the COPS program and that he
does not agree with setting a precedent for the City to pay for these types of events
because there are so many deserving organizations within the city.
Commissioner Etling advised that there are many volunteers and members on boards
that are recognized by the City once a year at the Spring Volunteer Bash and that this
event would be a more appropriate way to show appreciation to the C.O.P. program.
Mayor McElyea advised that he also is a member of the C.O.P. program and that he is
not aware that there are as many as 250 members.
Commissioner Mikes pointed out that $3,000.00 has been expended by the City recently
for a granite monument at the Nyberg/Swanson House and that it would be appropriate
to expend $2,500.00 for the banquet to show appreciation to the members of the C.O.P.
program for their many hours of service to City.
Commissioner Etling clarified that the City expended funds in support of the Turn Around
Dania Beach convention this past summer because there were people coming to the
event from all over the country. He stated that many members of the C.O.P. program
understand that the City is not in a position to contribute to every organization.
Mayor McElyea clarified that he was not aware of the recent purchase for the granite
monument at the Nyberg/Swanson House. He mentioned that the Nyberg/Swanson
House was first offered to him to purchase because of his standing as President of the
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CITY OF DANIA BEACH 11 DECEMBER 1 Z 2000
Historical Society and that the City would not have had the opportunity to move the
Nyberg/Swanson house to its current location, across the street from City Hall, without
his effort and assistance.
The motion to donate $2,500.00 to the C.O.P. banquet failed on the following 2/3 roll call
vote:
Commissioner Cali-yes Commissioner Etling-no
Commissioner Mikes-yes Vice-Mayor Bertino-no
Mayor McElyea-no
10.4 Vice-Mayor Bertino inquired as to the status of the roller rink at Frost Park. City Manager
Smith advised that Randy Wilkinson, Parks & Recreation Director, would report on organizing
a Roller Hockey League in the near future.
Vice-Mayor Bertino wished everyone Happy Holidays and commented on the success of
the City over the past year. He mentioned how fortunate the City is to have so many
dedicated board members who take the time to attend board meetings and who have
done so for many years without compensation.
The public was urged to attend the upcoming New Year's Eve Bash at the beach. City
Manager Smith advised that residents could purchase a $5.00 parking permit for the
beach bash, which will include fireworks and entertainment. Details about the event
have been advertised in the Dania Press.
10.5 Mayor McElyea expressed his appreciation to the Public Works Department for removing the
nets at the driving range and he was pleased to report that the pole was removed that was in
front of Eddie Benton's house.
Mayor McElyea advised of his attendance at the National League of Cities in Boston,
Massachusetts last week and mentioned that he presented information at the convention
about the benefits of the Turn Around Dania Beach program that was developed by Dr.
Herman Wrice, who passed away this past year.
Item 11.3 was heard after Item 10.5.
11. DISCUSSION AND POSSIBLE ACTION:
11.1 Discussion of revised financial disclosure reporting requirements for certain City Boards.
(Staff)
Vice-Mayor Bertino expressed his opinion that board members should not have to be
required to complete the Financial Disclosure Form 1.
The City Commission agreed with the recent changes by the State of Florida,
Commission on Ethics, to remove the requirement for members to file a Financial
Disclosure Form 1 for the following boards: Civil Service; Downtown/Economic
Redevelopment; Nuisance Abatement; Unsafe Structures.
® Item 11.2 was heard after Item 11.6.
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CITY OF DANIA BEACH 12 DECEMBER 12, 2000
011.2 Request for Abatement of Code Enforcement Lien (CEB99-0296) by Vincent Ireland for
property located at 257 SW 4tn St., Dania Beach. (Staff)
At the request of Vice-Mayor Bertino, William Johnson, Chief Code Enforcement Officer,
explained that the Code Enforcement Board's recommendation to abate the fine to
$250.00 was based on Mr. Ireland's testimony that he complied with the South Florida
Building Code violation before the fine was started, that evidence was presented that the
unlicensed vehicle was registered even though the tag was not on the car, and Mr.
Ireland's financial situation was a consideration.
A motion was made by Commissioner Cali, seconded by Commissioner Etling,
approving the recommendation of the Code Enforcement Board to abate the lien
CEB99-0296 to $250.00.
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 5.2 was heard after Item 11.2
11.3 Request by Dania Beach Main Street to place a Temporary Special Event Banner across
Federal Highway between Alex's Flamingo Groves and the Dania Plaza. (Staff)
Richard Seay, President of Dania Beach Main Street, requested approval of the banner
as an advertising tool for Tomato Festival event scheduled in February 2001.
Carol Christ-Moral, Dania Main Street, presented a drawing of the proposed banner.
Commissioner Cali recommended making the banner 9' so as to provide more room for
the lettering that was presented.
Joseph Trapani, Eagle Wing Signs, advised that banners average 4 or 5 feet in height
and 30 feet in length and that the size must be approved by FDOT.
Discussion followed on reducing the number of words on the banner.
A motion was made by Vice-Mayor Bertino, seconded by Commissioner Mikes,
approving the banner for the largest size that FDOT will approve and installation of the
banner by January 15, 2001.
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
Vice-Mayor Bertino made a motion, seconded by Commissioner Etling, for the City to
pay the costs to install permanent brackets for banners at Federal Highway so that the
® City can control future banner requests and for the City to enter into an agreement with
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CITY OF DANIA BEACH 13 DECEMBER 1 Z 2000
. FDOT as needed. Vice Mayor Bertino withdrew the motion and the City Commission
agreed to continue the issue for further action at the December 19th Special Meeting.
11.4 City of Dania Beach representation on sewer plant expansion plans. (Commissioner Mikes)
Commissioner Mikes recommended that the City be represented by the City Attorney,
City Manager, and Finance Director at all meetings concerning the sewer plant
expansion.
City Manager Smith advised that the City Manager of Hollywood has invited all large
user participants to attend a meeting scheduled January 5m
City Attorney Ansbro explained that Attorney Jamie Cole, Weiss, Serota, et al, was a
previous Hollywood City Attorney and that he developed the agreement for the sewer
plant, which creates a conflict for the firm to represent the City. Attorney Ansbro
suggested that the City consider using the attorney that Miramar has hired from Brevard
County so that the costs associated with the matter could be shared by both cities. City
Attorney Ansbro agreed to obtain information on how the City could work with the
Miramar attorney and report back on some options that may be available at the
December 19th Special Meeting.
11.5 Discussion of transportation element of the City's Comprehensive Plan. (Commissioner
Mikes)
Commissioner Mikes recommended that the transportation element of the City's
Comprehensive Plan be completed since the City entered into an agreement with the
consultants some time ago.
Laurence Leeds, Growth Management Director, advised that he just yesterday received
an electronic draft of the transportation element from Hughes-Hall and that further review
is needed because some of the objectives in the proposal may not be financially feasible
or appropriate for the City. Mr. Leeds explained that the matter would include an
amendment to the Comprehensive Plan and would be heard by the Planning & Zoning
Board, as the local planning agency, before being head by the City Commission.
Item 11.7 was heard after Item 11.5.
Item 11.6 was heard after Item 5.1
11.6 Discussion of possible acquisition of 803 NW 1st Street. (Staff)
City Manager Smith advised that the building is currently abandoned at 803 NW 1 st
Street and that the property is in the possession of a mortgage company in Utah. The
property has continued to be a problem for Code Enforcement and is currently accruing
in excess of$100 per day in fines with over$25,000 owing for Nuisance Abatement
charges. City Manager Smith suggested that the City consider converting the building
into a BSO substation, thereby, eliminating the illegal activity that continues in the area.
City Manager Smith thought that the City could use a combination of funds from Police
Impact Fees, LLEBG (Local Law Enforcement Block Grant), other grant funding, and
City funds to purchase the property. He advised that the mortgage company has agreed
to place the City first in line for the purchase and that negotiations could begin once the
mortgage company conducts two appraisals.
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CITY OF DANIA BEACH 14 DECEMBER 12, 2000
• Chief Anton, BSO, advised that the location (8th Avenue and NW 1st Street) is the worst
location for crime in the City and that the property was the first Nuisance Abatement
case heard by the board. Chief Anton agreed that the building could be refurbished into
a substation/community center with assistance from larger construction firms in the City
as well as local unions affiliated with the AFLCIO. The goal would be to use the house
for the entire road patrol operation, deputies, a holding cell, evidence and storage
lockers, and offices for Detective Tarrant and Detective Pato. In addition, other office
space could be available for City use. Chief Anton was confident that the constant flow
of deputies up and down 1 st Street would eliminate the drug trafficking that continues. He
suspected that the purchase would increase drug problems along the 5th Court corridor
between Stirling Road and 3rd Avenue or West Dania Beach Boulevard and 5th Avenue
near Farris' Market.
Commissioner Mikes mentioned efforts by Turn Around Dania Beach to observe the
drug activities in the area, which has impacted Charlie Will Thomas Park for so long. He
supported the purchase of the property as he felt that it would be a major step in
eliminating the drug problem in the area.
Vice-Mayor Bertino supported the purchase and suggested that City Manager Smith
review the funding sources so that a minimum down payment could be placed on the
property to hold the land. Once the building is acquired, the City could move forward with
developing a youth facility. City Manager Smith advised that the City would most likely
secure a mortgage to purchase the property and pay off the loan when grant funds were
received.
• Chief Anton pointed out that grant funding might also be available from the Broward
Coordinating Council to cover the purchase. He also pointed out that the special fencing
proposed for the park to reduce crime might not be necessary if the substation is built.
He advised that BSO would also review grant funding to assist with the project.
A motion was made by Commissioner Cali, seconded by Commissioner Etling,
authorizing City Manager Smith to negotiate the purchase of 803 NW 1s' Street,
including the reduction of the purchase price by the $25,500.00 for the Nuisance
Abatement Lien, and the hiring of appraisers as needed.
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 11.2 was heard after 11.6.
Item 11.7 was heard after Item 11.5.
11.7 Discussion of water use restrictions imposed by South Florida Water Management
District. (Staff)
City Manager Smith recommended amending the Code to allow Code Enforcement
Officers and Utility Workers the authority to issue citations on water use violations and to
include a $500.00 a day or six months in jail civil penalty for violations.
MINUTES
CITY OF DANIA BEACH 15 DECEMBER 12, 2000
Commissioner Cali recommended that the City ensure that its own irrigation systems be
in compliance before citing anyone for water violations. City Manager Smith agreed that
the City must be in compliance and explained that the City can be fined $10,000 a day
and water use permits suspended in the event that the City violates the water use
restrictions. He agreed to bring the amendments before the City Commission at the
Special Meeting on December 19'h
12. APPOINTMENTS: (see items 12.3 and 12.5)
12.1 Appointment of 1 member to the Airport Advisory Board.
12.2 Appointment by Commission of one (1) Alternate for citizen member to the Civil
Service Board.
12.3 Appointment by Mayor of one (1) 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 FOUR (4) YEAR TERM EXPIRING OCTOBER 31, 2004; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE."
Mayor McElyea reappointed Thomas Sette.
A motion was made by Vice-Mayor Bertino, seconded by Commissioner Etling, adopting
a resolution appointing Thomas Sette to the Housing Authority.
® The motion passed on the following 3/2 roll call vote:
Commissioner Cali-no Commissioner Etling-yes
Commissioner Mikes-no Vice-Mayor Bertino-yes
Mayor McElyea-yes
12.4 Appointment of 2 members to Human Relations Board.
12.5 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 COMPLETE TWO (2) YEAR TERMS EXPIRING 12:00 NOON, MARCH 20, 2001;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE."
Commissioner Mikes appointed Cindy Calhoun to the Marine Advisory Board.
A motion was made by Commissioner Mikes, seconded by Commissioner Etling,
adopting a resolution appointing Cindy Calhoun to the Marine Advisory 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
0 Mayor McElyea-yes
MINUTES
CITY OF DANIA BEACH 16 DECEMBER 12, 2000
12.6 Appointment of 1 member to the Nuisance Abatement Board.
12.7 Appointment of 2 members to the Occupational License Review Advisory Board.
12.8 Appointment of 6 members to Parks, Recreation and Community Affairs Advisory
Board.
13. ADMINISTRATIVE REPORTS:
13.1 City Manager— *Reminder: 12/26/00 City Commission Meeting cancelled
City Manager Smith wished everyone Happy Holidays and encouraged attendance at
the New Year's Eve Bash at the beach.
13.2 City Attorney Ansbro requested an Attorney/Client session on January 9th for the JJ Kelly
litigation.
He mentioned that a meeting was conducted with principals of the pier restaurant and
that he believes the matter regarding the assignment of the lease has been worked out.
The principals, Mr. Petrillo, Mr. Hooper, Mr. Ivan and Mr. Boulukos, have agreed to
maintain control of the voting stock of the corporation and they would be authorized to
transfer shares among themselves. This would allow them to include a general manager
that they could turn shares over to at a later date. This change would not require City
Commission consent and he expected the lease to be completed shortly.
F ® 14. ADJOURNMENT
This meeting was adjourned at 10:45 p.m.
d Oa-COM I SI�
/1
ACTING CITY CLERK
Respectfully submitted by Charlene Johnson
Deputy City Clerk
Approved: /� �9 11
i
i
MINUTES
CITY OF DANIA BEACH 17 DECEMBER 12, 2000