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THE BEGINNING OF
NOVEMBER 25, 1997
REGULAR MEETING
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MINUTES
DANIA CITY COMMISSION
REGULAR MEETING
NOVEMBER 25, 1997
MAYOR MIKES CALLED THE MEETING TO ORDER AT 7:30 P.M.
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INVOCATION AND PLEDGE OF ALLEGIANCE
*Reverend Bob Sands, Griffin Road Baptist Church
ROLL CALL
Mayor: Bob Mikes
Vice Mayor: Jim Cali
Commissioners: John Bertino
John Etling
Bill Hyde
Interim City Attorney: Tim Ryan
City Manager: Mike Smith
City Clerk: Marie Jabalee
PRESENTATIONS-none
1 Mayor Mikes advised that the Planning &Zoning Board Meeting of
November 19, 1997, was unable to convene for lack of a quorum.
According to the Charter and previous advertisement notifications, City
Attorney Ryan advised that item 4.5 must be continued without being
heard. He also recommended continuing items 1.12, 1.13, 4.2, 4.3, and
4.4 until the Planning & Zoning Board has heard the issues and the City
Commission has received the board's recommendations. City Attorney
Ryan mentioned that once the public hearing has been opened on items,
the proceedings for a Quasi-Judicial Hearing must be followed. City
Attorney Ryan agreed that the items could be heard tonight as long as the
City Commission realizes that the items cannot be voted down prior to
being heard before the Planning &Zoning Board and that all items must
be continued to the next meeting. It was noted that items 1.12 and 1.13
are on the agenda for first reading and that they do not require a public
hearing at this time.
A motion was made by Vice Mayor Cali, seconded by Commissioner
Hyde, to continue items 1.12, 1.13, 4.2. 4.3. 4.4. and 4.5 to the
December 9, 1997, regular meeting.
The motion failed on the following 4/1 roll call vote:
Commissioner Bertino-no Commissioner Etling -no
Commissioner Hyde- no Vice-Mayor Cali-yes
Mayor Mikes—no
CITY OF DANIA-MINUTES 1 NOVEMBER 25, 1997
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A motion was made by Commissioner Bertino, seconded by
1 Commissioner Etling, to open items 1.12, 1.13, 4.2. 4.3, 4.4, and 4.5
for public comment with the understanding that the items must pass
on the affirmative, and if items do not pass on the affirmative, a
motion would be needed to reconsider the items for continuance to
December 9, 1997, regular meeting.
The motion passed on the following 3/2 roll call vote:
Commissioner Bertino-yes Commissioner Etling -yes
Commissioner Hyde - no Vice-Mayor Cali-no
Mayor Mikes—yes
*ADDED AGENDA ITEM
A motion was made by Commissioner Bertino, seconded by Commissioner
Etlinq to change emergency agenda item 1.15 to agenda item 4.7 that
reads as follows: "an emergency ordinance of the City of Dania. Florida.
amending ordinances no. 02-97, 06-97, ordinance passed July 22, 1997,
ordinance no. 11-97, ordinance no. 12-97 and ordinance no. 13-97 for the
extension of the moratorium on placement and installation of
telecommunications facilities: providing for severability, ordinances in
conflict and an effective date."
The motion to add agenda item 4.7 passed on the following 3/2 roll call
vote:
Commissioner Bertino-yes Commissioner Etling -yes
Commissioner Hyde- no Vice-Mayor Cali-no
Mayor Mikes - yes
ITEMS PULLED FROM THE CONSENT AGENDA: 1.5, 1.10, 1.11, 1.12,
1.13 AND 1.14.
1. CONSENTAGENDA
Minutes
1.1 Approval of minutes for regular meeting September 9, 1997.
1.2 Approval of minutes for special meeting September 2, 1997.
Bills
1.3 Approval of bills for the month of August 1997.
Resolutions:
1.4 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
AMENDING ITS GENERAL FUND BUDGET FOR THE FISCAL
J YEAR 1996-97 BY MAKING LINE ITEM CHANGES BETWEEN
CITY OF DANIA-MINUTES 2 NOVEMBER 25, 1997
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DEPARTMENTS: AND PROVIDING THAT ALL RESOLUTIONS
OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE
REPEALED TO THE EXTENT OF SUCH CONFLICT; AND
PROVIDING FOR AN EFFECTIVE DATE." (staff)
1.6 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
AMENDING RESOLUTION 149-97 AND APPROVING THE
AMENDED AGREEMENT BETWEEN THE CITY OF DANIA AND
RYAN INCORPORATED EASTERN TO COMPLETE ALL
NECESSARY WORK RELATING TO THE TIGERTAIL LAKE
DREDGE AND FILL PROJECT; PROVIDING THAT ALL
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH BE REPEALED TO THE EXTENT OF SUCH
CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE."
(STAFF)
1.7 A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
AUTHORIZING THE CITY TO ENTER INTO AN INTERLOCAL
AGREEMENT WITH BROWARD COUNTY, FLORIDA, THE
DEPARTMENT OF TRANSPORTATION AND OTHER
MUNICIPALITIES TO SHARE THE RESOURCE BURDEN OF
THE SYSTEM-WIDE ENVIRONMENTAL PROTECTION
AGENCY (EPA) NATIONAL POLLUTANT DISCHARGE
j ELIMINATION SYSTEM (NPDES) MUNICIPAL SEPARATE
STORM SEWER SYSTEM (MS4) PERMIT; PROVIDING THAT
BROWARD COUNTY WILL MONITOR DISCHARGES TO
SEPARATE STORM SEWER SYSTEMS AND MANAGE OR
PERFORM CERTAIN TECHNICAL TASKS NECESSARY TO
DETERMINE COMPLIANCE WITH THE APPLICABLE
PORTIONS AND CONDITIONS OF THE NPDES MS4 PERMIT
REQUIREMENTS; DIRECTING THE MAYOR AND THE
APPROPRIATE CITY OFFICIALS TO EXECUTE SAID
AGREEMENT FOR AND ON BEHALF OF THE CITY AND TO
AFFIX THE SEAL OF THE CITY THERETO; REPEALING
CONFLICTING RESOLUTIONS, AND PROVIDING FOR AN
EFFECTIVE DATE." (STAFF)
1.8 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING THE CONSENT AGREEMENT WITH EMERALD
LAKE VILLAGE, INC. PROVIDING FOR THE PAYMENT AND
COLLECTION OF FIRE RESCUE ASSESSMENTS
PREVIOUSLY OMITTED FROM THE ASSESSMENT ROLL FOR
FISCAL YEAR 1996-97; AND PROVIDING AN EFFECTIVE
DATE." (STAFF)
1.9 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
APPLY FOR A GRANT BEING OFFERED THROUGH THE
FLORIDA DEPARTMENT OF STATE, DIVISION OF
HISTORICAL RESOURCES TO ASSIST IN THE
CITY OF DANIA-MINUTES 3 NOVEMBER 25, 1997
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PRESERVATION OF THE NYBERG/SWANSON HOUSE; AND
PROVING FOR AN EFFECTIVE DATE." (STAFF)
A motion was made by Commissioner Bertino, seconded by
Commissioner Etling, to approve the Consent Agenda with the exception
of items 1.5, 1.10, 1.11, 1.12, 1.13, and 1.14.
The motion passed on the following roll call vote:
Commissioner Bertino-yes Commissioner Etling -yes
Commissioner Hyde - yes Vice-Mayor Cali-yes
Mayor Mikes -yes
ITEMS PULLED FROM CONSENT AGENDA-
1.5 "A RESOLUTION OF THE CITY OF DANIA, AUTHORIZING A
GRANT OF EASEMENT TO THE CITY OF HOLLYWOOD,
FLORIDA, OVER AND ACROSS A PARCEL OF PROPERTY
ALONG DANIA BEACH WHICH IS DESCRIBED ON EXHIBIT"A",
WHICH IS ATTACHED HERETO AND MADE A PART HEREOF,
SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF
DANIA, BROWARD COUNTY, FLORIDA, FOR THE PURPOSE
OF INSTALLING, MAINTAINING, REPAIRING AND OPERATING
A WATER LINE AND NECESSARY APPURTENANCES ABOVE
AND UNDERGROUND ALONG SAID PROPERTY; PROVIDING
i FOR THE CONVEYANCE BY THE CITY OF DANIA TO THE
CITY OF HOLLYWOOD BY BILL OF SALE OF CERTAIN
PERSONAL PROPERTY DESCRIBED AS WATER LINES,
WATER MAINS, LATERALS AND FITTINGS INSTALLED ON
THE PROPERTY DESCRIBED WITHIN EXHIBIT "A" IN THE
CITY OF DANIA, BROWARD COUNTY, FLORIDA;
AUTHORIZING AND DIRECTING THE MAYOR AND
APPROPRIATE CITY OFFICIALS TO EXECUTE AND DELIVER
A GRANT OF EASEMENT AND BILL OF SALE FOR SAID
PROPERTY TO THE CITY OF HOLLYWOOD; PROVIDNG THAT
ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF
SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE
DATE." (STAFF)
Bud Palm, Utilities Director, explained that the easement is 15 feet wide
and runs from Hollywood all the way across Dania Beach to the Pier. Mr.
Palm assured the City Commission that the easement would grant the
City of Hollywood the right to install a water line at a later date to feed its
Port Everglades property. Mr. Palm stated that the only above ground
apparatus that could be installed is a fire hydrant or a meter box.
Commissioner Bertino was concerned with exactly what the wording
"necessary appurtenances" means in the easement documents.
CITY OF DANIA-MINUTES 4 NOVEMBER 25, 1997
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Mayor Mikes was concerned with approving the easement since
Hollywood tried to use some of the City's easements a few years ago to
run their sewer lines to Port Everglades for a sewerage plant. Mayor
Mikes suggested conducting a workshop meeting with Hollywood
representatives and to direct City Attorney Ryan to include better
language in the easement documents protecting the city.
A motion was made by Commissioner Bertino, seconded by
Commissioner Hyde, to continue the resolution to a Workshop Meeting
and invite Hollywood representatives to attend the meeting.
The motion to approve passed on the following roll call vote:
Commissioner Bertino-yes Commissioner Etling -yes
Commissioner Hyde - yes Vice-Mayor Cali-yes
Mayor Mikes -yes
1.10 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
ACCEPTING PROPOSAL OF COASTAL SYSTEMS
INTERNATIONAL, INC. FOR CONSTRUCTION
ADMINISTRATION SERVICES RELATING TO THE DREDGING
OF THE DANIA CUT-OFF CANAL; AND PROVIDING FOR AN
EFFECTIVE DATE." (STAFF)
City Attorney Ryan presented an agreement to be included as Exhibit B to
the Resolution. He recommended to revise the title of the resolution by
including the following wording "authorizing appropriate city officials to
enter into a contract with Coastal Systems International Inc.; and
providing for an effective date' and inserting a new Section 2 to read
"That the appropriate city officials are authorized to enter into a contract
with Coastal Systems International Inc. in the form attached hereto and
marked Exhibit B."
A motion was made by Commissioner Hyde, seconded by Commissioner
Bertino, to amend the Resolution as recommended by City Attorney Ryan
and include Exhibit B as presented.
The motion passed on the following roll call vote:
Commissioner Bertino-yes Commissioner Etling -yes
Commissioner Hyde - yes Vice-Mayor Cali-yes
Mayor Mikes -yes
A motion was made by Commissioner Hyde, seconded by Commissioner
Bertino, to adopt the resolution as amended.
The motion passed on the following roll call vote:
Commissioner Bertino-yes Commissioner Etling -yes
Commissioner Hyde - yes Vice-Mayor Cali-yes
Mayor Mikes - yes
CITY OF DANIA-MINUTES 5 NOVEMBER 25, 1997
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1.11 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
DECLARING PROPERTY LEGALLY DESCRIBED AS LOTS 5, 6,
7, 8, 9, AND 10 OF MCKENZIE EYSTER ADDITION, A
SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 8, PAGE 9, OF THE PUBLIC
RECORDS OF BROWARD COUNTY, FLORIDA, TO SURPLUS
PROPERTY NOT NEEDED FOR PUBLIC USE; DESCRIBING
ALL IMPROVEMENTS LOCATED UPON SAID PROPERTY;
PROVIDING FOR THE CITY'S INTENTION AND DESIRE TO
SELL OR OTHERWISE DISPOSE OF SAID PROPERTY;
PROVIDING THAT ALL RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO
THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN
EFFECTIVE DATE."
City Attorney Ryan explained that the City acquired title to the northern
four lots of the property known as the Nassau Big Daddy business under
foreclosure action resulting from a Code Enforcement Lien. Eventually,
the occupant was removed from the property. Some time later, the City
acquired title to the southern two lots by assignment of a final judgement
from the South Broward Hospital District. Under the settlement
agreement, there are provisions covering the division of proceeds upon
the sale of the property and it also requires the City to be responsible for
handling the sale. According to the surplus property requirements under
the City's Charter, the City has 30 days after adoption of this resolution to
advertise the property for sale. Once the bids are received, the City can
either accept or reject the bids and re-advertise if it so chooses.
A motion was made by Vice-Mayor Cali, seconded by Commissioner
Etling, to adopt the resolution.
The motion passed on the following roll call vote:
Commissioner Bertino-yes Commissioner Etling -yes
Commissioner Hyde -yes Vice-Mayor Cali-yes
Mayor Mikes - yes
Ordinances:
1.12 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA
REZONING THE FOLLOWING DESCRIBED LANDS TO-WIT:
LOTS 9 THROUGH 12, BLOCK 3 OF "WOODHAVEN
AMENDED" ACCORDING TO THE PLAT THEREOF,
RECORDED IN PLAT BOOK 10, PAGE 56, OF THE PUBLIC
RECORDS OF BROWARD COUNTY, FLORIDA; ALONG WITH,
LOTS 11, 12 AND 13, BLOCK 4 OF "AMENDED PLAT
WOODHAVEN" AS RECORDED IN PLAT BOOK 10, PAGE 56,
OF THE PUBLIC RECORDS OF BROWARD COUNTY,
FLORIDA; FROM RD-6000 RESIDENTIAL TO C-2
COMMERCIAL ZONING DISTRICT; AND, THE SOUTH 50 FEET
CITY OF DANIA-MINUTES 6 NOVEMBER 25, 1997
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OF LOTS 5 AND 6, THE SOUTH 50 FEET AND THE EAST 23
1 FEET OF LOT 7, BLOCK 3, OF "DANIA HEIGHTS EXTENSION",
AS RECORDED IN PLAT BOOK 5, PAGE 19, OF THE PUBLIC
RECORDS OF BROWARD COUNTY, FLORIDA, FROM RD-6000
RESIDENTIAL TO C-3 COMMERCIAL ZONING DISTRICT,
UNDER THE PROVISIONS OF ORDINANCE NO. 100 OF THE
CITY OF DANIA, FLORIDA, AS AMENDED; PROVIDING THAT
ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL
RESOLUTIONS AND PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH BE REPEALED TO THE EXTENT OF SUCH
CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.
(FIRST READING OF ORDINANCE) (RZ-30-97)
Terry Virta, Growth Management Director, explained, in general, the
permitted uses in the C-2 and C-3 zoning classifications.
Mr. Merriken, AMO Representative, clarified that his request was for a
variance to repair his building and that rezoning was never his intention.
He then presented a drawing showing the building being torn down on the
West Side of Second Avenue between 9` Street and 7" Avenue and the
replacement building. Mr. Merriken stressed AMO's continued efforts to
upgrade the landscaping, security and structural appearances of its
properties for compatibility with the residential neighborhood.
Terry Virta, Growth Management Director, explained that the petitioner
I has requested to replace the garage with a storage room since it no
longer serves as an accessory use for the house. He advised that this
type of variance is not allowed in a residential district and that a rezoning
was presented at the Planning &Zoning Board so that the structure could
be utilized for storage.
Mayor Mikes mentioned that the AMO facility has grown bigger and
bigger and that the two buildings are not compatible with a residential
area. Mr. Merriken advised that the administrative part of the facilities are
not tax exempt and that the school portion is the only part that is tax
exempt. In addition, the AMO organization is non-profit and the area has
benefited since property values have increased and crime has decreased.
Vice Mayor Cali asked that City Manager Smith send a letter to the
Broward County Property Appraisers Office requesting a determination on
the properties that are tax exempt. Mr. Merriken agreed to provide the
tax records. Discussion followed on the types of items that will be stored
in the building and the inconvenience to residents with forklifts being used
for the major construction changes at the old Thunderbird Motel site.
Mayor Mikes expressed concern about AMO's future intentions and the
possible purchase of additional property that would impact the residential
community. Mr. Merriken stated that there are no plans to expand on U.S
1 and that AMO is only upgrading existing properties west of U.S. 1.
Discussion followed on the permitted uses in the C-1, C-2 and C-3 zoning
! classifications.
CITY OF DANIA-MINUTES 7 NOVEMBER 25, 1997
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Although a public hearing was not required, Mayor Mikes allowed public
comment.
Several citizens expressed their concern regarding the items being stored
in the building, the construction impact on the area, and the possibility of
warehouses being constructed. Several residents commented on the
positive impact that AMO has brought to the residential community with
the reduction of crime and upgrades to properties. Mr. Merriken assured
the public that AMO will not store any caustic items in the building and
that average plumbing, electrical, and lumber materials are expected to
be stored in the building. He clarified that there has been confusion with
the wording in the ordinance for"record storage" as this was never AMO's
request and there are no intentions to construct warehouses.
Hearing no further comments, Mayor Mikes closed the public comments.
Recognizing that the variance request must be heard before the Planning
& Zoning Board, Commissioner Hyde made a motion, seconded by
Commissioner Bertino, to pass the ordinance on first reading and
continue the second reading to the December 9, 1997, regular meeting.
Vice-Mayor Cali expressed concern with the uses that could be utilized
according to the rezoning. Commissioner Bertino suggested to
accommodate the building request by zoning the land to allow
reconstruction of the storage facilities and then return to the residential
rezoning and approving the building as a non-conforming use. Attorney
Ryan advised that this would be an improper action since rezoning was
never created for non-conforming uses. As a result, the other
consideration was to make the use a conditional use without changing the
basic zoning.
Commissioner Bertino questioned Attorney Ryan on whether or not he
should abstain from voting on this item since his wife, Barbara, is
employed at MEBA. Attorney Ryan stated that a memorandum was
prepared on the matter and that it is acceptable for Commissioner Bertino
to vote on the issue.
The motion adopting the ordinance on first reading passed on the
following 3/2 roll call vote:
Commissioner Bertino-yes Commissioner Etling -yes
Commissioner Hyde - yes Vice-Mayor Cali-no
Mayor Mikes - no
ITEM 4.1 WAS HEARD AFTER ITEM 1.12
ITEM 1.13 AND 1.14 WERE HEARD AFTER ITEM 3.6
1.13 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA,
J APPROVING THE "ANGLERS OFFICE PARK" PLAT, SAME
CITY OF DANIA-MINUTES 8 NOVEMBER 25, 1997
BEING: THE SOUTH 231.40 FEET OF TRACT 3, BLOCK 4,
SECTION 32, TOWNSHIP 50 SOUTH, RANGE 42 EAST,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT
BOOK 2, PAGE 32, OF THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA, LESS THE EAST 40 FEET, MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING
AT THE SOUTHEAST CORNER OF SAID BLOCK 4; THENCE
DUE NORTH ALONG THE EAST LINE OF SAID BLOCK 4, FOR
A DISTANCE OF 1333.68 FEET; THENCE SOUTH 89°48'48"
WEST, FOR A DISTANCE OF 40 FEET TO THE POINT OF
BEGINNING; THENCE DUE NORTH ALONG A LINE 40 FEET,
WEST OF AND PARALLEL TO THE EAST LINE OF SAID
BLOCK 4, FOR A DISTANCE OF 231.40 FEET; THENCE SOUTH
8904848" WEST, FOR A DISTANCE OF 626.36 FEET TO A
POINT ON THE WEST LINE OF SAID TRACT 3; THENCE
SOUTH 0006'48" WEST, ALONG SAID WEST LINE, FOR A
DISTANCE OF 231.40 FEET TO THE SOUTHWEST CORNER
OF SAID TRACT 3; THENCE NORTH 89°48'48" EAST, ALONG
THE SOUTH LINE OF SAID TRACT 3, FOR A DISTANCE OF
626.77 FEET TO THE POINT OF BEGINNING. SAID LAND
SITUATE, LYING AND BEING IN BROWARD OCUNTY,
FLORIDA, AND CONTAINING 3.3284 ACRES MORE OR LESS;
AND ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL
STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SAID
PLAT OF "ANGLERS OFFICE PARK" PLAT; 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."
(FIRST READING OF ORDINANCE) (PL-32-97)
Attorney Ryan explained that the ordinance is scheduled to be heard at
the December Vt Planning & Zoning Board meeting and that a public
hearing would be conducted on December 9 with the City Commission.
James T. Stoner, representing Marvin Mandel and Mr. Rush, came
forward to request approval of the plat.
Mayor Mikes opened the item for public comment. No comments were
registered.
A motion was made by Commissioner Bertino, seconded by
Commissioner Etling, to adopt the ordinance on first reading.
The motion passed on the following roll call vote:
Commissioner Bertino-yes Commissioner Etling -yes
Commissioner Hyde - yes Vice-Mayor Cali-yes
Mayor Mikes- yes
1.14 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA,
AMENDING ARTICLE 2, SECTION 6 OF PART VI OF THE CITY
CHARTER RELATING TO ELECTIONS; PROVIDING THAT NO
CITY OF DANIA-MINUTES 9 NOVEMBER 25, 1997
TWO RELATED PEOPLE SHALL SERVE OR WORK AS POLL
WORKERS WITHIN THE SAME POLLING PRECINCT DURING
A MUNICIPAL ELECTION; PROVIDING THAT THE TERM
"RELATED PEOPLE" SHALL INCLUDE THOSE PEOPLE
RELATED TO THE THIRD DEGREE BY CONSANGUINITY OR
BY MARRIAGE; PROVIDING THAT ALL POLL WORKERS
SHALL ROTATE THROUGH VARIOUS PRECINCTS SO THAT
NO POLL WORKER SHALL SERVE OR WORK IN THE SAME
POLLING PRECINCT IN TWO CONSECUTIVE MUNICIPAL
ELECTIONS; PROVIDING THAT ALL ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH BE REPEALED TO
THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN
EFFECTIVE DATE." (FIRST READING OF ORDINANCE)
Mayor Mikes expressed concern with the actions of some of the poll
workers in the 1997 City Election. He mentioned discussions with
representatives at the Supervisor of Elections Office in regards to the
procedures for conducting an investigation. He suggested the idea of
eliminating related persons from working together at precincts as a way to
deal with the problem.
Commissioner Hyde questioned whether action to preclude related
persons from working together is in violation of constitutional rights.
Attorney Ryan commented on the third degree of consanguinity language
and agreed to include additional specific language describing related
I persons. Attorney Ryan stated that constitutional prohibition does not
exist since a person's right to vote is not being restricted; in general, the
ordinance is imposing reasonable restrictions on persons who are
monitoring an individual's right to vote.
Mayor Mikes advised that there was a mother, daughter and spouse
working at one precinct this past election and that poll workers should be
rotated as a general business procedure.
Vice-Mayor Cali questioned whether the Deputy position is included as a
poll worker. Attorney Ryan advised that the Deputy is described as Bailiff
and not a poll worker. City Clerk Jabalee explained that the deputy
remains outside the precinct during the election and does not take part in
tabulating the votes.
A motion was made by Vice-Mayor Cali, seconded by Commissioner
Bertino, to adopt the ordinance on first reading.
Commissioner Etling suggested incorporating the same guidelines for
nepotism that the City uses for hiring practices into the ordinance. Mayor
Mikes mentioned his intentions of providing a sample ordinance to
j Attorney Ryan for consideration on the matter.
The motion passed on the following 4/1 roll call vote:
Commissioner Bertino-yes Commissioner Etling -yes
CITY OF DANIA-MINUTES 10 NOVEMBER 25, 1997
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1 Commissioner Hyde- no Vice-Mayor Cali-yes
Mayor Mikes -yes
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ITEM 1.15 WAS CHANGED TO ITEM 4.7 UNDER PUBLIC HEARINGS
2. PROCLAMATIONS
2.1 Declaring the month of November 1997 as "National Home Care
Month."
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2.2 Recognizing "Florida's Campaign Against Cholesterol."
City Manager Smith read the proclamations in their entirety.
4.3 WAS HEARD AFTER ITEM 2.
3. BIDS
3.1 Award of bid for Northwest Sidewalk and Landscape
Improvements Phase II. (CGA Project No. 97-1724)
City Manager Smith advised that several bids were received on the
project and that staff recommends awarding the bid to United
Underground. Don Windham, Calvin & Giordano, explained that the
lowest bidder did not meet Community Development Block Grant
requirements according to Ernestine Tai, Community Development
Coordinator, and the next bidder was $80,000 higher.
A motion was made by Commissioner Hyde, seconded by Commissioner
Bertino, to accept staff recommendation on awarding the bid to United
Underground for the Northwest Sidewalk and Landscape improvements
project.
The motion passed on the following roll call vote:
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Commissioner Bertino-yes Commissioner Etlin
Commissioner Hyde- es 9 Yes
Y Y Vice-Mayor Cali-yes
Mayor Mikes—yes
3.2 "RESOLUTION OF THE CITY OF DANIA, FLORIDAAPPROVING ,
GREEMENT
APPROVAL BY HTHEA BROWARD COUNTY TOSUBJEC THE'
DEVELOPMENT DIVISION, BETWEEN THE CITY OF DANIA
AND UNITED UNDERGROUND CONTRACTOR, INC. FOR
NORTHWEST SIDEWALK AND LANDSCAPE IMPROVEMENTS
UNDER THE COMMUNITY BLOCK GRANT PROGRAM; AND
PROVIDING FOR AN EFFECTIVE DATE."
A motion was made by Vice-Mayor Cali, seconded by Commissioner
Etling, to adopt the resolution approving the contract with United
Underground Contractor, Inc.
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CITYOFDANIA-MINUTES 19
NOVEMBER 25, 1997
The motion passed on the following roll call vote:
Commissioner Bertino-yes Commissioner Etling -yes
Commissioner Hyde - yes Vice-Mayor Cali-yes
Mayor Mikes -yes
3.3 Award of bid for Southwest Sidewalk and Landscape
Improvements Phase IL (CGA Project No. 97-1723)
City Manager Smith advised that this is phase II of the Southwest
j Improvements project and that $100,000 is available under the Broward
County Community Development Block Grant Program. Mr. Smith
advised that the lowest bidder, Florida Blacktop, is being recommended
by staff.
Don Windham, Calvin & Giordano Associates, advised that Community
Development has approved the company for the project because all
requirements are met.
A motion was made by Commissioner Bertino, seconded by
Commissioner Etling, to approve staff recommendation to award the bid
to Florida Blacktop.
The motion passed on the following roll call vote:
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Commissioner Bertino-yes Commissioner Etling -yes
Commissioner Hyde- yes Vice-Mayor Cali-yes
Mayor Mikes - yes
3.4 'RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING THE AGREEMENT, SUBJECT TO THE
APPROVAL BY THE BROWARD COUNTY COMMUNITY
DEVELOPMENT DIVISION, BETWEEN THE CITY OF DANIA
AND FLORIDA BLACKTOP, INC. FOR SOUTHWEST SIDEWALK
AND LANDSCAPE IMPROVEMENTS -PHASE II UNDER THE
COMMUNITY BLOCK GRANT PROGRAM; AND PROVIDING
FOR AN EFFECTIVE DATE."
A motion was made by Vice-Mayor Cali, seconded by Commissioner
Etling, to adopt the resolution approving Florida Blacktop, Inc. for the
Southwest Sidewalk and Landscape Improvements—Phase II.
The motion passed on the following roll call vote:
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Commissioner Bertino-yes Commissioner Etling -yes
Commissioner Hyde - yes Vice-Mayor Cali-yes
Mayor Mikes—yes
ITEM 8.12 WAS HEARD AFTER ITEM 3.4
CITY OF DANIA-MINUTES 12 NOVEMBER25, 1997
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3.5 Award of bid for Dania Cutoff Canal Maintenance Dredging
Project.
City Manager Smith advised that this is the second round of bids on this
project because the first bids were rejected due to issues about the fill
with Florida Inland Navigation District and Florida Boating Improvement
Program.
Kevin McCabe, Coastal Systems International, advised that the lowest
bidder is Subaqueous Contractors in the amount of$187,000 and that the
second bidder was $51, 000 higher. The bid with Subaqueous
Contractors is around 15% lower than the available grant monies from
FIND and FBIP. The project is expected to be entirely funded by these
two grant programs and there should not be any cost to the City. The
scope of work is to dredge approximately 3100 feet equal distance east
and west of the 30th Avenue Bridge. Mr. McCabe reported on the soil
analysis of the fill and mentioned that all insurance and bonds have been
received. The contractor is ready to begin the project and projects
completion in February or March.
A motion was made by Commissioner Etling, seconded by Commissioner
Hyde, to approve staff recommendation on awarding the bid to
Subaqueous Contractors.
The motion passed on the following roll call vote:
Commissioner Bertino-yes Commissioner Etling -yes
Commissioner Hyde- yes Vice-Mayor Cali-yes
Mayor Mikes - yes
j 3.6 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING THE AGREEMENT BETWEEN THE CITY OF
DANIA AND SUBAQUEOUS SERVICES, INC. TO COMPLETE
ALL NECESSARY WORK RELATING TO THE "DANIA CUTOFF
CANAL MAINTENANCE DREDGING PROJECT"; AND
PROVIDING FOR AN EFFECTIVE DATE."
A motion was made by Commissioner Hyde, seconded by Commissioner
Etling, to adopt the resolution approving the agreement with Subaqueous
Services Inc.
i
The motion passed on the following roll call vote:
Commissioner Bertino-yes Commissioner Etling -yes
Commissioner Hyde - yes Vice-Mayor Cali-yes
Mayor Mikes- yes
ITEM 1.13 WAS HEARD AFTER ITEM 3.6
J
CITY OF DANIA-MINUTES 13 NOVEMBER 25, 1997
Y. \
I
4. PUBLIC HEARINGS
4.1 (Ordinance was continued 60 days from September 23, 1997,
Regular Commission Meeting)
"AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DANIA, FLORIDA, AMENDING CHAPTER 28, BY CREATING
ARTICLE Vill, "TELECOMMUNICATION TOWERS AND
ANTENNAS"; PROVIDING INTENT AND DEFINITIONS;
PROVIDING MINIMUM STANDARDS FOR LOCATION AND
APPROVAL OF TELECOMMUNICATIONS TOWERS;
PROVIDING MINIMUM STANDARDS FOR LOCATION AND
APPROVAL OF COMMUNICATIONS ANTENNAS, PROVIDING
ADDITIONAL USES; PROVIDING FOR SHARED USE OF
COMMUNICATIONS ANTENNAS; PROVIDING FOR
INSPECTIONS; PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION; PROVIDING
FOR AN EFFECTIVE DATE." (FIRST reading AND PUBLIC
HEARING of ordinance)
Attorney Earl Gallop mentioned that a telecommunications ordinance was
adopted on first reading several months ago. Mr. Gallop presented a
revised ordinance encouraging the location of telecommunications on City
owned property to generate revenue and discouraging proliferation of
towers. Mr. Gallop mentioned that the telecommunication industry
estimates the production of over 120,000 telecommunication facilities
over the next few years in order to extend services from 40 million to 100
million customers by the year 2000. The ordinance requires all towers to
be engineered to accommodate three poles and the use of existing
towers before constructing additional antennas elsewhere. Requirements
for a 250-foot set back for telecommunication facilities from residential
areas, lighting requirements by the FCC, and removal of facilities have
also been added.
Mayor Mikes opened the public hearing and advised that an additional
public hearing will be conducted on December 9 for the ordinance.
Mariah Casper, Esq., Allen Gabrial Law Offices, opposed the ordinance
based on there being confusion in the language referencing Antennas
and Towers, redundancy in sections, and the provision requiring 25%
rental proceeds going to the City being found illegal in a North Miami
Ordinance. Attorney Casper requested a workshop meeting to discuss
these concerns and agreed to provide her comments in writing to staff.
Gerry Knight, Primco, agreed with the previous comments by Attorney
Casper and requested the opportunity to review concerns with staff prior
to second reading of the ordinance. He agreed to submit his concerns in
the writing.
1
CITY OF DANIA-MINUTES 14 NOVEMBER 25, 1997
I
A motion was made by Commissioner Etling, seconded by Commissioner
Bertino, to adopt the ordinance on first reading.
The motion passed on the following 3/2 roll call vote:
Commissioner Bertino-yes Commissioner Etling -yes
Commissioner Hyde - no Vice-Mayor Cali-no
Mayor Mikes -yes
4.2 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA,
AMENDING ARTICLE 6, SUPPLEMENTARY USE
REGULATIONS, OF CHAPTER 28, ZONING, OF THE CODE OF
ORDINANCES OF THE CITY OF DANIA, FLORIDA, BY ADDING
A NEW SECTION 6.64 ENTITLED "PRINCIPAL ARTERIAL
COMMERCIAL DESIGN STANDARDS OVERLAY", WHICH
PROVIDES FOR DESIGN GUIDELINES TO BE FOLLOWED BY
COMMERCIAL DEVELOPMENT ALONG PRINCIPAL
ARTERIALS IN THE CITY OF DANIA; PROVIDING FOR
OBJECTIVES OF THIS SUB-SECTION; DELINEATION OF THE
OVERLAY DISTRICT; PROVIDING FOR APPLICABILITY;
STIPULATING CRITERIA FOR APPEARANCE, LANDSCAPING,
WALLS, FENCING, SIGNAGE AND LIGHTING; AND
SPECIFYING LOCATION CRITERIA FOR DRIVE-UP
FACILITIES; PROVIDING THAT ALL ORDINANCES OR PARTS
OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF
s RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO
THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN
EFFECTIVE DATE." (FIRST READING AND PUBLIC HEARING
OF ORDINANCE)
Terry Virta, Growth Management Director, explained that the ordinance
originated from Service Station Design Guidelines and provides an
application of guidelines for all commercial buildings along the principle
arterial corridors in the community.
Mayor Mikes mentioned that municipalities have become concerned with
the loss of control over land use that is being imposed through Federal
preemption. He thought that this ordinance might be used as a guide for
other cities.
Vice-Mayor Cali questioned whether this ordinance would impact the
overlay of the Historic Preservation District recently established by the
City Commission. Mr. Virta mentioned that this ordinance would need to
be considered at the time that the regulations are created for the Historic
Preservation District,
Mayor Mikes opened the public hearing.
Vito Mancino read a memorandum dated sometime in 1993 that was
addressed to Will Allen, Ex-Growth Management Director, from Dan
Oyler, Ex-City Planner, relating to recommendations for sign regulations
CITY OF DANIA-MINUTES 15 NOVEMBER 25, 1997
1.
in the downtown area. Mr. Mancino expressed his dissatisfaction with the
length of time that it has taken to impose a sign ordinance.
Hearing no further comments, Mayor Mikes closed the public hearing.
A motion was made by Vice Mayor Cali, seconded by Commissioner
Etling, to adopt the ordinance on first reading.
The motion to approve passed on the following roll call vote:
Commissioner Bertino-yes Commissioner Etling -yes
Commissioner Hyde - yes Vice-Mayor Cali-yes
Mayor Mikes - yes
AT THIS TIME THE CITY COMMISSION ADDED ITEM 4.7 TO THE
PUBLIC HEARING SECTION
4.3 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA,
AMENDING CHAPTER 28, ZONING; ARTICLE 4, DISTRICT
REGULATIONS, SECTION 4.20 - APPLICATION OF
REGULATIONS, OF THE CODE OF ORDINANCES OF THE
CITY OF DANIA, FLORIDA, BY ADDING A SPECIAL
EXCEPTION CATEGORY TO THE RD-6000 DISTRICT WHICH
ALLOWS THE USE OF RECORD STORAGE FACILITIES FOR
CHURCHES AND SCHOOLS WITHIN 200 FEET OF SUCH
APPROVED CHURCH OR SCHOOL; 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."
(FIRST READING AND PUBLIC HEARING OF ORDINANCE)
Terry Virta, Growth Management Director, explained that during the
earlier rezoning hearing regarding the AMO properties, Commissioner
Bertino had suggested the idea of addressing the request through
rezoning. City Attorney Ryan advised that the zoning option was not an
appropriate alternative and that a special exception request might be a
better way to accommodate the use.
Mayor Mikes stated that there will be a public hearing with the Planning &
Zoning Board and a second public hearing will be heard before the City
Commission.
Commissioner Hyde recommended deleting the word "records" in the
ordinance before the Planning &Zoning Board hears the ordinance.
Attorney Ryan advised that AMO has gone on record to state that they
have no interest in going forward with this ordinance. If staff desires to
proceed, Attorney Ryan suggested amending the ordinance on first
reading by changing "record storage"to state "for storage of materials for
educational and religious purposes where such storage facilities are
within 200 feet of the approved church or school." The City Commission
CITY OF DANIA-MINUTES 16 NOVEMBER 25, 1997
r
generally agreed to amend the ordinance after its been heard by the
Planning & Zoning Board and placed on the Commission agenda for
second reading.
Mayor Mikes opened the public hearing.
Mr. Merriken, AMO, questioned whether he would have to go back before
the Planning &Zoning Board for a special exception under this ordinance.
Attorney Ryan advised that this law is not in effect yet. Once the
ordinance is adopted, Mr. Merriken would have to make application with
the Planning & Zoning Board. Discussion followed on holding a special
Planning & Zoning Board meeting to accommodate AMO.
Hearing no further comments, Mayor Mikes closed the public hearing.
A motion was made by Commissioner Bertino, seconded by
Commissioner Etling, to adopt the ordinance on first reading.
Vice-Mayor Cali requested information on what other properties would be
affected by the ordinance. Mr. Virta advised that the ordinance provides
for any facility that would fall under the category of approved schools and
churches and that a special exception for the specific use is required.
The motion to passed on the following 4/1 roll call vote:
Commissioner Bertino-yes Commissioner Etling -yes
Commissioner Hyde - yes Vice-Mayor Cali-no
Mayor Mikes -yes
4.4 VA-31-97—Mario Ducas, Owner/Petitioner, for property located at
140 SE 2 Court.
Variance request from side and rear yard setback
requirements for an accessory building at 140 SE 2 Court.
Section 5.44 (a)(1) of the zoning code requires accessory
structures to have 10' side and rear yard setbacks. The
proposed shed is approximately 3 feet from the side yard
lot line and approximately 7 feet from the rear property line.
Commissioner Hyde's motion to continue was addressed after the public
hearing was opened.
Mayor Mikes opened the public hearing.
Harold Miller opposed the variance request because the petitioner is
operating an electrical corporation without proper permits and developing
his property several times on just two permits. Mr. Miller urged the City
Commission to consider the extent that the petitioner has gone to in
continuing to operate a business from his residence even after the City
revoked his license as of September 3. Mr. Miller expressed his
CITY OF DANIA-MINUTES 17 NOVEMBER 25, 1997
dissatisfaction with the lack of cooperation from the Code Enforcement
Division stating that the petitioner has violated the code many times.
Mayor Mikes mentioned that there are two issues involved here; (1) a
business operating from a home on an intensive basis and (2) a code
violation with the shed.
City Manager Smith advised that Mr. Ducas has been cited by the Code
Enforcement Division and taken before the Code Enforcement Board.
The Code Enforcement Board heard all of the evidence and dismissed
the complaint. Attorney Ryan confirmed that the Code Board's actions
were on a particular violation some two months ago and any new
evidence that Mr. Miller may have about Mr. Ducas continuing to operate
a business would be a new violation and could be brought back before
the Code Enforcement Board. Vice-Mayor Cali suggested sending the
entire Code Team to the residence—Fire Inspector, BSO Deputy, and the
Code Enforcement Officer. After further discussion, Mayor Mikes urged
Mr. Miller to focus on the variance on setbacks and allow Code
Enforcement to handle the violations.
A motion was made by Commissioner Hyde to continue VA-31-97 to the
next regular meeting. The motion was seconded by Commissioner
Bertino.
The motion passed on the following roll call vote:
i
Commissioner Bertino-yes Commissioner Etling -yes
Commissioner Hyde - yes Vice-Mayor Cali-yes
Mayor Mikes—yes
City Manager Smith encouraged Mr. Miller to turn over any photographs
to Terry Virta, Growth Management Director, of any violations at the site.
4.5 VA-34-97—David Merriken, Petitioner for American Maritime
Officers Association (AMO Plans), for property located at 900 SW
2 Avenue.
Variance request for property located at 900 SW 2 Avenue
to construct a wall, with a sign, 13'4" high exceeding the
maximum height limitation of 6' in accordance with Chapter
28, Article 5.36.
Attorney Ryan advised that the City Commission cannot take any action
at this time and that the variance should be continued to allow time to be
heard before the Planning &Zoning Board.
A motion was made by Commissioner Etling, seconded by Commissioner
Bertino, to continue VA-34-97 to the December 9 regular meeting.
J
CITY OF DANIA-MINUTES 18 NOVEMBER 25, 1997
r
The motion passed on the following roll call vote:
Commissioner Bertino-yes Commissioner Etling -yes
Commissioner Hyde- yes Vice-Mayor Cali-yes
Mayor Mikes - yes
4.6 VA-25-97— Robert Vick, Petitioner/Architect for Titan Maritime, for
property located at 410 SW 4 Terrace.
Variance request from rear and side yard set back and
landscaping requirements to construct a 1-story CBS
chemical bay accessory building at the southeast corner of
property.
Terry Virta, Growth Management Director, clarified that the Planning &
Zoning Board heard this matter in October and that the City Commission
can address the issue tonight. Mr. Virta explained that the request is for
two setback variances to allow the construction of a chemical bay storage
building as well as a variance from the City's landscape ordinance. Mr.
Virta advised that there is an existing structure located on the south and
west property lines. The proposed chemical storage building would be
located on the east property line and 10 feet north of the south property
line. Since the railway lying directly east of the site is zoned residential, a
landscaping variance is needed to provide buffering to separate the
residential and industrial uses. The Planning & Zoning Board has
recommended approval with conditions in conjunction with the site plan to
upgrade the landscaping to meet existing code requirements.
Robert Vick, Architect, 117 SW 1 Street, explained the need to add an
accessory use building to the site for better implementation of machinery
in conjunction with the chemical bay building. Mr. Vick advised that 12
trees are being planted and perimeter landscaping; in addition,
bougainvillea is being added to supplement in between the trees. Since
the City is landscaping the other side of the railroad with palm trees,
Mayor Mikes suggested that the petitioner substitute Sable Palms for the
proposed Oak trees. After further discussion, Mr. Vick agreed to add 12
trees that would be 15' or 20' in size and to plant 4 Sable Palm trees
along the tracks on the west, 6 Sable Palm trees on the east and 2 Oak
trees in the center.
Mayor Mikes opened the public hearing. Hearin no one speak
or opposition, the Mayor closed the public gi
hearing. n favor
A motion was made by Commissioner Hyde, seconded by Commissioner
Bertino, to grant VA-25-97 with the stipulation that 12 trees (15' or 20' in
size) be planted; 4 Sable Palms along the railroad tracks to the west, 6
Sable Palms on the east and two (2) Oak trees in the center.
CITY OF DANI -A MINUTES
19 NOVEMBER 25, 1997
r
i
y The motion to approve passed on the following roll call vote:
Commissioner Bertino-yes Commissioner Etling -yes
Commissioner Hyde - yes Vice-Mayor Cali-yes
Mayor Mikes - yes
ITEM 5.1 WAS HEARD AFTER ITEM 4.6
ITEM 4.7 WAS HEARD AFTER ITEM 4.2
4.7 "AN EMERGENCY ORDINANCE OF THE CITY OF DANIA,
FLORIDA, AMENDING ORDINANCES NO. 02-97, 06-97,
ORDINANCE PASSED JULY 22, 1997, ORDINANCE NO. 11-97,
ORDINANCE NO. 12-97 AND ORDINANCE NO. 13-97 FOR THE
EXTENSION OF THE MORATORIUM ON PLACEMENT AND
INSTALLATION OF TELECOMMUNICATIONS FACILITIES;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT
AND AN EFFECTIVE DATE." (First and second Reading of
Ordinance)
Assistant City Attorney Ryan read the title of the ordinance. He explained
that this ordinance provides a ten-day extension to December 10, 1997,
in order to allow time for second reading of the Telecommunications
Ordinance under item 4.1.
i
Mayor Mikes opened the public hearing. Hearing no one speak in favor
or opposition, Mayor Mikes closed the public hearing.
A motion was made by Commissioner Bertino, seconded by Commissioner
Etling, to adopt the emergency ordinance on first and second reading.
The motion passed on the following 4/1 roll call vote:
Commissioner Bertino-yes Commissioner Etling-yes
Commissioner Hyde - no Vice-Mayor Cali-yes
Mayor Mikes - yes
ITEM 8.13 WAS HEARD AFTER ITEM 4.7
5. SITE PLANS
5.1 WAS HEARD AFTER ITEM 4.6
5.1 SP-27-97-- Robert Vick, Petitioner/architect for Titan Maritime,
requests site plan approval for property located at 410 SW 4
Terrace to construct a 1-story CBS chemical bay accessory
building at the southeast corner of property.
Terry Virta, Growth Management Director, confirmed that there are no
access problems from the Fire Department perspective. He added that
CITY OF DANIA-MINUTES 20 NOVEMBER 25, 1997
r
the petitioner is also required to meet stringent County and State
requirements for the facility.
A motion was made by Commissioner Hyde, seconded by Commissioner
Bertino, to approve SP-27-97.
The motion passed on the following roll call vote:
Commissioner Bertino-yes Commissioner Etling -yes
Commissioner Hyde - yes Vice-Mayor Cali-yes
Mayor Mikes - yes
5.2 SP-28-97—Michael Mogerman, Petitioner for Grand Prix Race-0-
Rama requests site plan approval for property located at 1700 NW
1 Street to construct two (2) additions; one for additional gaming
and the second for a "Laser Tag" room. The total square footage
of the proposed additions is 14,140 square feet.
Michael Mogerman, Race O Rama, explained that one of the proposed
buildings will square off the front of the arcade building and that the
second addition will be used as a "Laser Tag" room.
Terry Virta, Growth Management Director, mentioned that the petitioners
are providing additional landscaping to comply with the landscaping code.
Mayor Mikes asked Mr. Mogerman to install six Sable Palms in the front
of the building. Mr. Mogerman explained future plans to redevelop the
site to include a new building and total landscaping once the lease
problems are resolved with the landlord. Mr. Mogerman agreed to plant
six Sable Palms in the front of the building, however, he was unable to
confirm the actual time frame on the proposed redevelopment.
A motion was made by Commissioner Hyde, seconded by Commissioner
Bertino, to approve SP-28-97.
The motion to approve passed on the following roll call vote:
Commissioner Bertino-yes Commissioner Etling -yes
Commissioner Hyde - yes Vice-Mayor Cali-yes
Mayor Mikes -yes
5.3 (Continued 60 days from 9/23/97)
SP-18-97- Mike Ambrose, Carnahan Proctor & Associates, Inc.,
Petitioner representing Airport America USA, Inc., Owner,
requests site plan approval for a long term parking facility to serve
Fort Lauderdale-Hollywood International Airport.
Terry Virta, Growth Management Director, mentioned that this item was
heard in September and that the City Commission was concerned with
potential liability in regards to soil contamination. Attorney Earl Gallop
has provided a memorandum stating his opinion that there will not be any
CITY OF DANIA-MINUTES 21 NOVEMBER 25, 1997
liability. Mayor Mikes expressed concern with operating a parking lot next
to the storage tanks. Mr. Virta agreed that the fire officials could inspect
the site if the City Commission so desires.
Michael Ambrose, Airport America USA, Inc., advised that the contract for
the purchase of the property was recently extended to December 5, 1997,
and that it is contingent upon this site plan approval. He suggested
approving the site plan conditional upon an inspection by the City's Fire
Department. The City Commission expressed concern with placing a
parking lot use so close to a petroleum tank farm without further input
from the Fire Department. Discussion followed on a report that was
requested on the 42 monitoring wells for the site.
A motion was made by Vice-Mayor Cali, seconded by Commissioner
Bertino, to continue SP-18-97 to the December 9, 1997, regular meeting.
The motion passed on the following 411 roll call vote:
Commissioner Bertino-yes Commissioner Etling -yes
Commissioner Hyde- no Vice-Mayor Cali-yes
Mayor Mikes -yes
Attorney Ryan reminded the City Commission of the legal opinion
provided in Attorney Earl Gallop's letter confirming that the City does not
have any liability through the site plan approval should the site turn out to
be polluted.
6. CITIZENS'COMMENTS:COIMMENTS BY DANIA CITIZENS OR INTERESTED
PARTIES THAT ARE NOT A PART OF THE REGULAR AGENDA SHOULD BE GIVEN
IN WRITING OR COMMUNICATED VERBALLY PRIOR TO 4:00 P.M.THE SECOND
(2ND)AND FOURTH(4T") MONDAY OF EACH MONTH. COMMENTS OF ANY NATURE
WILL BE RESPONDED TO BY THE OFFICE OF THE CITY MANAGER. IN THE EVENT
THAT THE CONCERN REMAINS UNRESOLVED, THE CITIZEN(S) OR PARTY WILL
BE ASKED TO OADDRESS THE CITY COMMISSION DURING THE MEETING.
7. EXPENDITURE REQUESTS- NONE
8. DISCUSSION AND POSSIBLE ACTION
8.1 Request by Dania Nursing Home for street blockade on 4t' Street
for 3`' Annual "Family Day" being held Friday, December 5, 1997.
Attorney Ryan advised that the Dania Nursing Home owes $1,244.00 in
display ads relating to an application for a zoning matter that was recently
denied by the City Commission. He recommended including payment for
the advertising bills as a condition to the request for street blockage. The
City Commission generally disagreed with including the condition to the
event.
A motion was made by Commissioner Bertino, seconded by Vice-Mayor
Cali, to approve the request by Dania Nursing Home.
1
CITY OF DANIA-MINUTES 22 NOVEMBER 25, 1997
Y'
The motion passed on the following 4/1 roll call vote:
Commissioner Bertino-yes Commissioner Etling -yes
Commissioner Hyde - no Vice-Mayor Cali-yes
Mayor Mikes - yes
8.2 Request by Sheila Gross to renew Occupational License for
Auctioneer at 45 S. Federal Highway. (Staff)
Terry Virta, Growth Management Director, reported no problems with
individuals under item 8.2 and 8.3 who are requesting license renewal.
A motion was made by Vice-Mayor Cali, seconded by Commissioner
Bertino, approve both items 8.2 and 8.3. The motion passed
unanimously.
8.3 Request by Thomas Cimaglia to renew Occupational License for
Auctioneer at 6 South Federal Highway. (Staff)
Approved under item 8.2.
8.4 Discussion of insurance coverage and liability exposure on
swimming pool. (Staff)
Mayor Mikes mentioned that the City of Hallandale has recently
encountered its third death with their swimming pool program and that
they have been impacted with a $15 to $17 million dollar judgement. City
Manager Smith mentioned that the City would be able to purchase a rider
up to $1 million dollars in liability insurance for a few thousand dollars
through the Florida League of Cities. The City currently has $500,000 in
liability coverage, which is $400,000 more than statutory obligations.
The Commission generally agreed to direct City Manager Smith to review
the entire City's insurance for possible adjustments in coverage and to
bring back quotes on increasing liability coverage.
8.5 Discussion of umbrella liability policy for City Commissioners.
(Staff)
Mayor Mikes mentioned the difficulty in obtaining insurance coverage for
elected officials. He suggested to have staff research the issue with the
understanding that Commissioners would pay the cost for the liability
policy. City Manager Smith advised that the City provides and pays for
an Errors and Omissions policy that covers the City Commission should a
claim be imposed for actions taken as a member of the City Commission.
The policy does not cover the Commission for incidental liability incurred
to and from meetings or on business trips. City Manager Smith was
requested to check with the new insurance carrier for Broward County
(McKinley Insurance Company) and the League of Cities in regards to
this coverage.
CITY OF DANIA-MINUTES 23 NOVEMBER 25, 1997
8.6 Discussion of naming Dania Beach Park as Frank "Tootie"Adler
Park. (Staff)
The Commission decided to prepare a resolution naming Dania Beach
Park as Frank C. "Tootie"Adler Park to be placed on the next regular
meeting agenda.
8.7 Discussion of street closure at SW 44 Court and SW 33 Avenue.
(Staff)
City Manager Smith advised that code issues and drug traffic problems
have increased in Avon Isles along SW 33 Avenue. Although, BSO and
Code Enforcement have attempted to deal with the problems, residents
would like to close off the Avon Isles neighborhood from SW 33 Avenue
in an effort to stop the activity. City Manager Smith advised that staff is
recommending a closure at SW 44 Court and SW 33 Avenue,
Donna Simione, spokesperson for the Avon Isles Community area,
mentioned that SW 33 Avenue has encountered drug dealing problems
and the element is not cohesive with a private residential neighborhood.
She expected 95% of the neighborhood to sign a petition urging the
closure of the street. City Manager Smith advised that the closure could
take place at the intersection of SW 44 Court and SW 33 Avenue—flow
through traffic on SW 33 Avenue would still be allowed.
Commissioner Hyde mentioned the need to provide proper notice to the
neighborhood, conduct a public hearing and confirm the design criteria to
be used for emergency access.
The City Commission decided to discuss the matter at a workshop
meeting on December 16, 1997, at 7:30 p.m. with the City's engineers
and representatives from the neighborhood.
8.8 Report from Marine Advisory Board. (Craig McAdams)
Craig McAdams, Marine Advisory Board, presented the boards concerns
to remove overhanging trees along the Dania Cut off Canal, to widen the
bridge at Federal Highway and Dania Cut-Off, and to replace "No Wake"
and "Manatee" signs. Mr. McAdams pointed out that board members
seem disenchanted with participating on the Marine Advisory Board since
the City Commission doesn't seem to take any of the board's
recommendations very seriously.
Commissioner Hyde pointed out that widening the bridge at Federal
Highway is a huge undertaking and that the State program would most
likely cost millions of dollars. Mayor Mikes mentioned that everyone may
not want the trees to be cut along the Dania Cut-Off Canal.
Further discussion with Mr. McAdams involved the poor conditions of the
bathrooms and existing bait trailer at the Dania Fishing Pier.
1
CITY OF DANIA-MINUTES 24 NOVEMBER 25, 1997
Commissioner Hyde mentioned the lack of representation at the Broward
County Marine Advisory Board from the Dania Marine Advisory Board.
Mr. McAdams clarified that no one from the City has ever notified him or
the board on attending the Broward County Marine Advisory Board
meetings nor has he received any feedback from the Commission on how
they wish the board to proceed. Further discussion followed on the City
receiving revenues from the Vegas Express at TugBoat Annies and the
degrading appearance of the industrial area on the waterfront.
8.9 Report from Airport Advisory Board. (Victor Lohmann)
The item was continued to the December 9 regular meeting.
8.10 Discussion of Urban Greenways by Thomas F. Gustafson.
Thomas F. Gustafson clarified that he is not representing any individual or
corporation entity in regards to the Urban Greenway Program concept.
Mr. Gustafson handed out an Executive Summary of the program and
case study material of a zoning overlay district proposal. Mr. Gustafson
explained that FTA (Florida Transit Authority) has funding available for
municipalities to combine transit systems with walkable greenway
corridors. He anticipated it costing some $20,000 to hire the appropriate
consultants to design the greenway project and once the design is
completed, the City could request funding from FDOT(Florida
Department of Transportation). With the proper planning and land use
considerations, a successful Urban Greenway Program could be created
as long as transit is included for funding purposes.
The City Commission generally agreed to move forward with the
proposal.
8.11 Discussion of proposed Private-Public Partnership Pilot Program
Broward County A1A Beach Trolley Service.
Ralph Riehl, South Florida Tourism Council, advised that Broward
County, through the Broward County Mass Transit Authority, has
approved a program for a trolley system for Broward County. Broward
County has proposed an Interlocal Agreement with the City of Dania that
includes $30,000 for a one-year pilot program including participation with
four other cities in Broward County. Mr. Riehl requested that the City
accept the $30,000 from Broward County and consider financial
participation in supporting the pilot trolley program.
Vice Mayor Cali added that the South Florida Tourist Council is also
appropriating funds for the program in addition to Broward County's
support. Mr. Riehl stated that the goals are to make the program self-
sufficient within one year, expand the program with future east/west
routes, and connect Palm Beach to the North and North Miami to the
South. The Trolley Program will be a scheduled two-hour narrated tour
CITY OF DANIA-MINUTES 25 NOVEMBER 25, 1997
•
costing $10.00 for an all-day pass and $20.00 for a five-day pass, which
would accommodate locals and tourists.
Commissioner Hyde expressed serious concern that the route will be
serving mostly Fort Lauderdale with connections through Dania on its way
to Hollywood and bypassing two of Dania's biggest tourist hotels (Hilton &
Wyndham Hotels.) Commissioner Hyde felt it unfair to expect Dania to
pay the same amount as Fort Lauderdale since Fort Lauderdale seems to
be the primary beneficiary of the program.
Vice Mayor Cali urged Dania to be the lead City in the program as a way
to have more control over the route.
Mr. Reihl mentioned that the routes are subject to change and that he
would like to see the program started by January 1, 1998. Discussion
followed on obtaining funding from businesses and trying the program on
a trial basis at $1,000 a month. City Manager Smith clarified with Mr.
Reihl that the stop and user fees will be a source of funding for the South
Florida Tourist Council to cover the pledged $7500 a month for the
program.
Commissioner Hyde recommended bringing a resolution back at the
December 9 meeting with an understanding that the City would support
50% of the cost. The Commission generally agreed to have City
Manager Smith contact businesses for funding and Mr. Reihl agreed to
assist in raising the additional 50% funding.
ITEM 8.15 WAS HEARD AFTER 8.11
ADDENDUMS:
ITEM 8.12 WAS HEARD AFTER ITEM 3.4.
8.12 Discussion of 5th Avenue/linear park. (Mayor Mikes)
Don Windham, Calvin & Griordano, explained that 18 plats have been
identified along SE 5th Avenue. A legal determination will be needed on
how to treat each plat. Some plats will go back to the original dedicator
and some the current adjoining property owners. Mr. Windham agreed
to present a complete chart at the next regular meeting showing the
roadway, each plat location and a determination on the plat.
Mayor Mikes thought that staff was directed to pursue the multi-family
parcels in order to start the majority of the easements. Mr. Windham
advised that no vacations have been prepared yet. Mr. Windham
presented a preliminary concept drawing of a park and explained the
need to retain easements for drainage retention, a force main that
transmits sanitary sewerage to Hollywood and a water main on the East
Side of the road. Mr. Windham agreed to meet with Attorney Tim Ryan
on the large parcels like Meadowbrook and Sandpiper properties to get
started and to bring further information back at the next meeting.
CITY OF DANIA-MINUTES 26 NOVEMBER 25, 1997
ty
ITEM 3.5 WAS HEARD AFTER ITEM 8.12.
ITEM 8.13 WAS HEARD AFTER ITEM 4.7.
8.13 Discussion of Poinciana Hotel Halfway House use. (Mayor Mikes)
Attorney Earl Gallop presented a memorandum requesting to defer action
on this item since Attorney Marwin Cassel, representing Dismas
Charities, did not receive sufficient notice of the addendum item. The City
Commission generally agreed to proceed with the item.
In regards to the Dismas Charities issue, Mr. Gallop explained that he
was asked to review the facts and circumstances surrounding the
issuance of the Occupational License for the Hotel Poinciana; to give an
opinion as to whether or not the use is a vested non-conforming use; and
to determine whether or not the entire hotel could be used for a Federal
pre-release facility. Mr. Gallop presented his findings of the following
events:
♦ 1984- Dismas House of Kentucky made application to use the third
floor of the hotel for a pre-release program use;
♦ Over the next few years, the Building Department produced several
memorandums in reference to whether the use was allowed under the
C-2 zoning district. There is a gap of a few years where no one can
locate any conclusion to the prior memorandums;
♦ Fiscal year 1986/87, an occupational license is re-issued;
♦ Over the next few years, a series of occupational licenses were
issued to Dismas Charities of Dania to sublease the facility for use as
a pre-release program. The only document that the City has that is a
predicate to an authorization is an application for an occupational
license to use the third floor only at the Hotel Poinciana for a pre-
release program.
♦ April 1995 - in connection with a contract to purchase the Poinciana
Hotel, Attorney Patricia Rathburn, representing Dismas Charities,
writes a letter to the hotel owners, Mr. & Mrs. Jack Christy, requesting
an extension of the closing date. The letter confirms that the need to
extend the closing date by Dismas Charities is based on the fact that
the existing zoning did not authorize the halfway house use for the
entire building;
♦ June 1996, the purchaser brought in another attorney, Fred Ward.
Attorney Ward wrote a letter to City Attorney Frank Adler requesting
him to confirm that Dismas Charities can continue the past use of the
premises;
♦ April 1997, Attorney Adler wrote a letter to Attorney Ward that
included the following comments "Please be advised that in my
opinion, the use of the Dismas House of the premises (the Hotel) as a
community rehabilitation center will be in compliance with the City of
Dania Zoning Code as a non-conforming use".
i
CITY OF DANIA•MINUTES 27 NOVEMBER 25, 1997
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Mr. Gallop stated his opinion that Dismas Charities does not have either
"! an equitable right or a constitutional right to use the entire building for a
Federal Pre-Release Program or to have a non-conforming use
recognized for that purpose for the entire building.
Mayor Mikes recommended directing City Manager Smith to draft a letter
to Dismas Charities confirming the City's legal position and the procedure
for finding a legitimate approval process for halfway house use. City
Manager Smith advised that the Dismas House has only been issued a
demolition permit.
Lenore Shiller, Esq., Broad & Cassel, P.A. representing Dismas House,
advised that her partner, Attorney Marwin Cassel, did not receive proper
notice of this item being placed on the agenda for this meeting. Attorney
Shiller urged the City Commission to keep communications open so that
a resolution could be attained for both parties.
The City Commission agreed to have City Manager Smith proceed with
drafting a letter to be reviewed by Attorney Earl Gallop and sent to
Dismas House Charities with a copy to Broad & Cassel.
ITEM 3.1 WAS HEARD AFTER 8.13.
8.14 Discussion of Melaleuca Gardens waterlines/buffer. (Mayor
Mikes)
i
Bud Palm, Utility/Public Works Director, advised that a letter would be
sent out next week to the Melaleuca Gardens Isles informing residents
that the waterline project will continue in mid January. The installation
work in the alleys still has to be bid out.
City Manager Smith reported that the Melaleuca Gardens buffer is in the
design phase with Keith & Schnars and that the plan should be available
in the near future.
8.15 Discussion of Dania Fishing Pier Restaurant. (Mayor Mikes)
City Manager Smith mentioned the City's decision last summer to change
to a built-to-suit lease program for the restaurant at the pier. Mr. Smith
advised that Attorney Karl Adler is working on the draft lease and RFP
and that the documents should be ready for review by the second
meeting in January 1998. Mr. Smith mentioned that the City has had
problems because the restaurant owner was being asked to build the
restaurant at their expense and that they encountered financing
problems. He expected a better opportunity for bidders with the City
participating in the development of the shell.
Tom Zannucci and Don Streeter, Dania Pier Management, mentioned
their willingness to pay the costs associated with building a permanent
bait and tackle shop and shelters for improving the pier. Mr. Streeter
mentioned his understanding that the City was going to pay for soft costs
CITY OF DANIA-MINUTES 28 NOVEMBER 25, 1997
i
like architectural drawings, but no word from the City has been received
for some time now. Discussion followed on the problems encountered
with operating out of a trailer on a month to month basis.
Mayor Mikes stressed the need for a 24-hour a day operation at Dania
Pier to provide security for the beach and to have a fishing operation for
residents. The trailer at the pier needs to be removed and a permanent
building and restrooms also need to be built.
The City Commission generally agreed to include the item to a workshop
meeting in the future.
ITEM 8.14 WAS HEARD AFTER ITEM 8.15
9. APPOINTMENTS
9.1 One (1) member on the Airport Advisory Board.
9.2 One (1) member on Budget Advisory Committee.
9.3 One (1) member on Community Affairs Board.
9.4 Two (2) members on the Dania Economic Development and
Downtown Redevelopment Board.
9.5 Three (3) members on Marine Advisory Board.
9.6 Three (3) members on Occupational License Review Advisory
Board.
9.7 One (1) member on the Planning & Zoning Board.
Attorney Ryan advised Commissioner Bertino that his appointment to the
Planning &Zoning Board can be nominated and ratified at this meeting.
I
Commissioner Bertino nominated Kevin Pierson.
i A motion was made by Commissioner Bertino, seconded by
i Commissioner Etling, to nominate and appoint Kevin Pierson at this
' meeting subject to review by the City Attorney.
I
The motion to approve passed on the following roll call vote:
I Commissioner Bertino-yes Commissioner Etling -yes
Commissioner Hyde - yes Vice-Mayor Cali-yes
i
Mayor Mikes -yes
9.8 One (1) member on Dania Housing Authority (term expired
11/1/97)
10, ADMINISTRATIVE REPORTS
CITY OF DANIA-MINUTES 29 NOVEMBER 25, 1997
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10.1. City Manager— reminder- December 23, 1997, Commission
Meeting cancelled
i
10.2 City Attorney—no comments
11. COMMISSION COMMENTS—no comments
This meeting adjourned at 12:47 a.m.
MAYOR-COMMISSIONER
CITY CLERK- OR
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CITY OF DANIA-MINUTES 30
!I NOVEMBER 25, 1997
0
0
AGENDA
DANIA CITY COMMISSION
REGULAR MEETING
NOVEMBER 25, 1997
7.30 P.M.
COMMISSION WITH REGARD TO ANY MATT ER CONSIDERED AT THIS MEETING
OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH
PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
LOBBYIST REGISTRATION REQUIRED - REGISTRATION AS A LOBBYIST IN THE
CITY OF DANIA IS REQUIRED IF ANY PERSON, FIRM OR CORPORATION IS BEING
PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO
ORDINANCE NO. 01.93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY
CLERK'S OFFICE IN THE ADMINISTRATION CENTER.
IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS
NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS
SHOULD CONTACT MARIE JABALEE, CITY CLERK, 100 W. DANIA BEACH BLVD,
DANIA, FL 33004, (954) 921-8700 EXT. 202, AT LEAST 48 HOURS PRIOR TO
MEETING.
CALL TO ORDER
I INVOCATION AND PLEDGE OF ALLEGIANCE
'Reverend Bob Sands, Griffin Road Baptist Church
ROLL CALL
PRESENTATIONS-NONE
1• CONSENTAGENDA
Minutes
i
1.1 Approval Of minutes for regular meeting September 9, 1997.
1.2 Approval of minutes for special meeting September 2, 1997.
Bills
1.3 Approval of bills for the month of August 1997.
Resolutions:
1.4 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
AMENDING ITS GENERAL FUND BUDGET FOR THE FISCAL
YEAR 1996-97 BY MAKING LINE ITEM CHANGES BETWEEN
l DEPARTMENTS: AND PROVIDING THAT ALL RESOLUTIONS
CITY OF DANIA AGENDA 1
NOVEMBER 25, 1997
1
OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE
REPEALED TO THE EXTENT OF SUCH CONFLICT; AND
PROVIDING FOR AN EFFECTIVE DATE." (STAFF)
1.5 "A RESOLUTION OF THE CITY OF DANIA, AUTHORIZING A
GRANT OF EASEMENT TO THE CITY OF HOLLYWOOD,
FLORIDA, OVER AND ACROSS A PARCEL OF PROPERTY
ALONG DANIA BEACH WHICH IS DESCRIBED ON EXHIBIT"A",
WHICH IS ATTACHED HERETO AND MADE A PART HEREOF,
SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF
DANIA, BROWARD COUNTY, FLORIDA, FOR THE PURPOSE
OF INSTALLING, MAINTAINING, REPAIRING AND OPERATING
A WATER LINE AND NECESSARY APPURTENANCES ABOVE
AND UNDERGROUND ALONG SAID PROPERTY; PROVIDING
FOR THE CONVEYANCE BY THE CITY OF DANIA TO THE
CITY OF HOLLYWOOD BY BILL OF SALE OF CERTAIN
PERSONAL PROPERTY DESCRIBED AS WATER LINES,
WATER MAINS, LATERALS AND FITTINGS INSTALLED ON
THE PROPERTY DESCRIBED WITHIN EXHIBIT "A" IN THE
CITY OF DANIA, BROWARD COUNTY, FLORIDA;
AUTHORIZING AND DIRECTING THE MAYOR AND
APPROPRIATE CITY OFFICIALS TO EXECUTE AND DELIVER
A GRANT OF EASEMENT AND BILL OF SALE FOR SAID
PROPERTY TO THE CITY OF HOLLYWOOD; PROVIDNG THAT
ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF
SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE
DATE." (STAFF)
1.6 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
AMENDING RESOLUTION 149-97 AND APPROVING THE
AMENDED AGREEMENT BETWEEN THE CITY OF DANIA AND
RYAN INCORPORATED EASTERN TO COMPLETE ALL
NECESSARY WORK RELATING TO THE TIGERTAIL LAKE
DREDGE AND FILL PROJECT; PROVIDING THAT ALL
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH BE REPEALED TO THE EXTENT OF SUCH
CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE."
(STAFF)
1.7 A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
AUTHORIZING THE CITY TO ENTER INTO AN INTERLOCAL
AGREEMENT WITH BROWARD COUNTY, FLORIDA, THE
DEPARTMENT OF TRANSPORTATION AND OTHER
MUNICIPALITIES TO SHARE THE RESOURCE BURDEN OF
THE SYSTEM-WIDE ENVIRONMENTAL PROTECTION
AGENCY (EPA) NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM (NPDES) MUNICIPAL SEPARATE
STORM SEWER SYSTEM (MS4) PERMIT; PROVIDING THAT
BROWARD COUNTY WILL MONITOR DISCHARGES TO
SEPARATE STORM SEWER SYSTEMS AND MANAGE OR
i
CITY OF DANIA AGENDA 2 NOVEMBER 25, 1997
I
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PERFORM CERTAIN TECHNICAL TASKS NECESSARY TO
DETERMINE COMPLIANCE WITH THE APPLICABLE
PORTIONS AND CONDITIONS OF THE NPDES MS4 PERMIT
REQUIREMENTS; DIRECTING THE MAYOR AND THE
APPROPRIATE CITY OFFICIALS TO EXECUTE SAID
AGREEMENT FOR AND ON BEHALF OF THE CITY AND TO
AFFIX THE SEAL OF THE CITY THERETO; REPEALING
CONFLICTING RESOLUTIONS, AND PROVIDING FOR AN
EFFECTIVE DATE." (STAFF)
1.8 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING THE CONSENT AGREEMENT WITH EMERALD
LAKE VILLAGE, INC. PROVIDING FOR THE PAYMENT AND
COLLECTION OF FIRE RESCUE ASSESSMENTS
PREVIOUSLY OMITTED FROM THE ASSESSMENT ROLL FOR
FISCAL YEAR 1996-97; AND PROVIDING AN EFFECTIVE
DATE." (STAFF)
1.9 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
APPLY FOR A GRANT BEING OFFERED THROUGH THE
FLORIDA DEPARTMENT OF STATE, DIVISION OF
HISTORICAL RESOURCES TO ASSIST IN THE
PRESERVATION OF THE NYBERG/SWANSON HOUSE; AND
PROVING FOR AN EFFECTIVE DATE." (STAFF)
i
1.10 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
ACCEPTING PROPOSAL OF COASTAL SYSTEMS
INTERNATIONAL, INC. FOR CONSTRUCTION
ADMINISTRATION SERVICES RELATING TO THE DREDGING
OF THE DANIA CUT-OFF CANAL; AND PROVIDING FOR AN
EFFECTIVE DATE." (STAFF)
1.11 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
DECLARING PROPERTY LEGALLY DESCRIBED AS LOTS 5, 6,
7, 8, 9, AND 10 OF MCKENZIE EYSTER ADDITION, A
SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 8, PAGE 9, OF THE PUBLIC
RECORDS OF BROWARD COUNTY, FLORIDA, TO SURPLUS
PROPERTY NOT NEEDED FOR PUBLIC USE; DESCRIBING
ALL IMPROVEMENTS LOCATED UPON SAID PROPERTY;
PROVIDING FOR THE CITY'S INTENTION AND DESIRE TO
SELL OR OTHERWISE DISPOSE OF SAID PROPERTY;
PROVIDING THAT ALL RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO
THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN
EFFECTIVE DATE."
1
CITY OF DANIA AGENDA 3 NOVEMBER 25, 1997
i
Ordinances:
1.12 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA
REZONING THE FOLLOWING DESCRIBED LANDS TO-WIT:
LOTS 9 THROUGH 12, BLOCK 3 OF "WOODHAVEN
AMENDED" ACCORDING TO THE PLAT THEREOF,
RECORDED IN PLAT BOOK 10, PAGE 56, OF THE PUBLIC
RECORDS OF BROWARD COUNTY, FLORIDA; ALONG WITH,
LOTS 11, 12 AND 13, BLOCK 4 OF 'AMENDED PLAT
WOODHAVEN" AS RECORDED IN PLAT BOOK 10, PAGE 56,
OF THE PUBLIC RECORDS OF BROWARD COUNTY,
FLORIDA; FROM RD-6000 RESIDENTIAL TO C-2
COMMERCIAL ZONING DISTRICT; AND, THE SOUTH 50 FEET
OF LOTS 5 AND 6, THE SOUTH 50 FEET AND THE EAST 23
FEET OF LOT 7, BLOCK 3, OF "DANIA HEIGHTS EXTENSION",
AS RECORDED IN PLAT BOOK 5, PAGE 19, OF THE PUBLIC
RECORDS OF BROWARD COUNTY, FLORIDA, FROM RD-6000
RESIDENTIAL TO C-3 COMMERCIAL ZONING DISTRICT,
UNDER THE PROVISIONS OF ORDINANCE NO. 100 OF THE
CITY OF DANIA, FLORIDA, AS AMENDED; PROVIDING THAT
ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL
RESOLUTIONS AND PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH BE REPEALED TO THE EXTENT OF SUCH
CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.
1 (FIRST READING OF ORDINANCE) (RZ-30-97)
1.13 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA,
APPROVING THE "ANGLERS OFFICE PARK" PLAT, SAME
BEING: THE SOUTH 231.40 FEET OF TRACT 3, BLOCK 4,
SECTION 32, TOWNSHIP 50 SOUTH, RANGE 42 EAST,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT
BOOK 2, PAGE 32, OF THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA, LESS THE EAST 40 FEET, MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING
AT THE SOUTHEAST CORNER OF SAID BLOCK 4; THENCE
DUE NORTH ALONG THE EAST LINE OF SAID BLOCK 4, FOR
A DISTANCE OF 1333.68 FEET; THENCE SOUTH 89°48'48"
WEST, FOR A DISTANCE OF 40 FEET TO THE POINT OF
BEGINNING; THENCE DUE NORTH ALONG A LINE 40 FEET,
WEST OF AND PARALLEL TO THE EAST LINE OF SAID
BLOCK 4, FOR A DISTANCE OF 231.40 FEET; THENCE SOUTH
89°48'48" WEST, FOR A DISTANCE OF 626.36 FEET TO A
POINT ON THE WEST LINE OF SAID TRACT 3; THENCE
SOUTH 0006'48" WEST, ALONG SAID WEST LINE, FOR A
DISTANCE OF 231.40 FEET TO THE SOUTHWEST CORNER
OF SAID TRACT 3; THENCE NORTH 89°48'48" EAST, ALONG
THE SOUTH LINE OF SAID TRACT 3, FOR A DISTANCE OF
626.77 FEET TO THE POINT OF BEGINNING. SAID LAND
SITUATE, LYING AND BEING IN BROWARD OCUNTY,
FLORIDA, AND CONTAINING 3.3284 ACRES MORE OR LESS;
AND ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL
CITY OF DANIA AGENDA 4 NOVEMBER 25, 1997
I
STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SAID
PLAT OF "ANGLERS OFFICE PARK" PLAT; 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."
(FIRST READING OF ORDINANCE) (PL-32-97)
1.14 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA,
AMENDING ARTICLE 2, SECTION 6 OF PART VI OF THE CITY
CHARTER RELATING TO ELECTIONS; PROVIDING THAT NO
TWO RELATED PEOPLE SHALL SERVE OR WORK AS POLL
WORKERS WITHIN THE SAME POLLING PRECINCT DURING
A MUNICIPAL ELECTION; PROVIDING THAT THE TERM
"RELATED PEOPLE" SHALL INCLUDE THOSE PEOPLE
RELATED TO THE THIRD DEGREE BY CONSANGUINITY OR
BY MARRIAGE; PROVIDING THAT ALL POLL WORKERS
SHALL ROTATE THROUGH VARIOUS PRECINCTS SO THAT
NO POLL WORKER SHALL SERVE OR WORK IN THE SAME
POLLING PRECINCT IN TWO CONSECUTIVE MUNICIPAL
ELECTIONS; PROVIDING THAT ALL ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH BE REPEALED TO
THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN
EFFECTIVE DATE." (FIRST READING OF ORDINANCE)
2. PROCLAMATIONS
I 2.1 Declaring the month of November 1997 as "National Home Care
Month."
2.2 Recognizing "Florida's Campaign Against Cholesterol."
3. BIDS (SEE PART H AGENDA 11125197 FOR ITEMS 3-9 BACKUP)
3.1 Award of bid for Northwest Sidewalk and Landscape
Improvements Phase ll. (CGA Project No. 97-1724)
3.2 "RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING THE AGREEMENT, SUBJECT TO THE
APPROVAL BY THE BROWARD COUNTY COMMUNITY
DEVELOPMENT DIVISION, BETWEEN THE CITY OF DANIA
AND UNITED UNDERGROUND CONTRACTOR, INC. FOR
NORTHWEST SIDEWALK AND LANDSCAPE IMPROVEMENTS
UNDER THE COMMUNITY BLOCK GRANT PROGRAM; AND
PROVIDING FOR AN EFFECTIVE DATE."
3.3 Award of bid for Southwest Sidewalk and Landscape
Improvements Phase IL (CGA Project No. 97-1723)
3.4 "RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING THE AGREEMENT, SUBJECT TO THE
i
APPROVAL BY THE BROWARD COUNTY COMMUNITY
I
CITY OF DANIA AGENDA 5 NOVEMBER 25, 1997
I
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DEVELOPMENT DIVISION, BETWEEN THE CITY OF DANIA
AND FLORIDA BLACKTOP, INC. FOR SOUTHWEST SIDEWALK
AND LANDSCAPE IMPROVEMENTS -PHASE II UNDER THE
COMMUNITY BLOCK GRANT PROGRAM; AND PROVIDING
FOR AN EFFECTIVE DATE."
3.5 Award of bid for Dania Cutoff Canal Maintenance Dredging
Project.
3.6 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING THE AGREEMENT BETWEEN THE CITY OF
DANIA AND SUBAQUEOUS SERVICES, INC. TO COMPLETE
ALL NECESSARY WORK RELATING TO THE 'DANIA CUTOFF
CANAL MAINTENANCE DREDGING PROJECT'; AND
PROVIDING FOR AN EFFECTIVE DATE."
4. PUBLIC HEARINGS
4.1 (ORDINANCE CONTINUED 60 DAYS FROM SEPTEMBER 23,
1997, REGULAR COMMISSION MEETING)
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DANIA, FLORIDA, AMENDING CHAPTER 28, BY CREATING
ARTICLE VIII, "TELECOMMUNICATION TOWERS AND
ANTENNAS"; PROVIDING INTENT AND DEFINITIONS;
PROVIDING MINIMUM STANDARDS FOR LOCATION AND
APPROVAL OF TELECOMMUNICATIONS TOWERS;
PROVIDING MINIMUM STANDARDS FOR LOCATION AND
APPROVAL OF COMMUNICATIONS ANTENNAS, PROVIDING
ADDITIONAL USES; PROVIDING FOR SHARED USE OF
COMMUNICATIONS ANTENNAS; PROVIDING FOR
INSPECTIONS; PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION; PROVIDING
FOR AN EFFECTIVE DATE." (FIRST READING AND PUBLIC
HEARING OF ORDINANCE)
4.2 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA,
AMENDING ARTICLE 6, SUPPLEMENTARY USE
REGULATIONS, OF CHAPTER 28, ZONING, OF THE CODE OF
ORDINANCES OF THE CITY OF DANIA, FLORIDA, BY ADDING
A NEW SECTION 6.64 ENTITLED "PRINCIPAL ARTERIAL
COMMERCIAL DESIGN STANDARDS OVERLAY", WHICH
PROVIDES FOR DESIGN GUIDELINES TO BE FOLLOWED BY
COMMERCIAL DEVELOPMENT ALONG PRINCIPAL
ARTERIALS IN THE CITY OF DANIA; PROVIDING FOR
OBJECTIVES OF THIS SUB-SECTION; DELINEATION OF THE
OVERLAY DISTRICT; PROVIDING FOR APPLICABILITY;
STIPULATING CRITERIA FOR APPEARANCE, LANDSCAPING,
WALLS, FENCING, SIGNAGE AND LIGHTING; AND
SPECIFYING LOCATION CRITERIA FOR DRIVE-UP
i FACILITIES; PROVIDING THAT ALL ORDINANCES OR PARTS
CITY OF DANIA AGENDA 6 NOVEMBER 2.5, 1997
I
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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." (FIRST READING AND PUBLIC HEARING
OF ORDINANCE)
4.3 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA,
AMENDING CHAPTER 28, ZONING; ARTICLE 4, DISTRICT
REGULATIONS, SECTION 4.20 - APPLICATION OF
REGULATIONS, OF THE CODE OF ORDINANCES OF THE
CITY OF DANIA, FLORIDA, BY ADDING A SPECIAL
EXCEPTION CATEGORY TO THE RD-6000 DISTRICT WHICH
ALLOWS THE USE OF RECORD STORAGE FACILITIES FOR
CHURCHES AND SCHOOLS WITHIN 200 FEET OF SUCH
APPROVED CHURCH OR SCHOOL; 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."
(FIRST READING AND PUBLIC HEARING OF ORDINANCE)
4.4 VA-31-97—Mario Ducas, Owner/Petitioner, for property located at
I
140 SE 2 Court.
Variance request from side and rear yard setback
requirements for an accessory building at 140 SE 2 Court.
Section 5.44 (a)(1) of the zoning code requires accessory
structures to have 10' side and rear yard setbacks. The
proposed shed is approximately 3 feet from the side yard
lot line and approximately 7 feet from the rear property line.
4.5 VA-34-97—David Merriken, Petitioner for American Maritime
Officers Association (AMO Plans), for property located at 900 SW
2 Avenue.
iVariance request for property located at 900 SW 2 Avenue
to construct a wall, with a sign, 134" high exceeding the
I maximum height limitation of 6' in accordance with Chapter
28, Article 5.36.
4.6 VA-25-97—Robert Vick, Petitioner/Architect for Titan Maritime, for
property located at 410 SW 4 Terrace.
Variance request from rear and side yard set back and
landscaping requirements to construct a 1-story CBS
chemical bay accessory building at the southeast corner of
property.
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CITY OF DANIA AGENDA 7 NOVEMBER 25, 1997
5. SITE PLANS
5.1 SP-27-97-— Robert Vick, Petitioner/architect for Titan Maritime,
requests site plan approval for property located at 410 SW 4
Terrace to construct a 1-story CBS chemical bay accessory
building at the southeast corner of property.
5.2 SP-28-97 —Michael Mogerman, Petitioner for Grand Prix Race-0-
Rama, requests site plan approval for property located at 1700
NW 1 Street to construct two (2) additions; one for additional
gaming and the second for a "Laser Tag" room. The total square
footage of the proposed additions is 14,140 square feet.
5.3 (Continued 60 days from 9/23/97)
SP-18-97- Mike Ambrose, Carnahan Proctor & Associates, Inc.,
Petitioner representing Airport America USA, Inc., Owner,
requests site plan approval for a long term parking facility to serve
Fort Lauderdale-Hollywood International Airport.
6. CITIZENS' COMMENTS:COIMMENTS BY DANIA CITIZENS OR INTERESTED
PARTIES THAT ARE NOT A PART OF THE REGULAR AGENDA SHOULD BE GIVEN
IN WRITING OR COMMUNICATED VERBALLY PRIOR TO 4:00 P.M. THE SECOND
(2ND)AND FOURTH(4'N)MONDAY OF EACH MONTH. COMMENTS OF ANY NATURE
WILL BE RESPONDED TO BY THE OFFICE OF THE CITY MANAGER. IN THE EVENT
THAT THE CONCERN REMAINS UNRESOLVED, THE CITIZEN(S) OR PARTY WILL
BE ASKED TO OADDRESS THE CITY COMMISSION DURING THE MEETING.
7. EXPENDITURE REQUESTS- NONE
8. DISCUSSION AND POSSIBLE ACTION
8.1 Request by Dania Nursing Home for street blockade on 4t' Street
for 3rd Annual "Family Day" being held Friday, December 5, 1997.
8.2 Request by Sheila Gross to renew Occupational License for
Auctioneer at 45 S. Federal Highway. (Staff)
8.3 Request by Thomas Cimaglia to renew Occupational License for
Auctioneer at 6 South Federal Highway. (Staff)
8.4 Discussion of insurance coverage and liability exposure on
swimming pool. (Staff)
8.5 Discussion of umbrella liability policy for City Commissioners.
(Staff)
8.6 Discussion of naming Dania Beach Park as 'Frank "Tootle"Adler
Park'. (Staff)
8.7 Discussion of street closure at SW 44 Court and SW 33 Avenue.
(Staff)
CITY OF DANIA AGENDA 8 NOVEMBER 25, 1997
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8.8 Report from Marine Advisory Board. (Craig McAdams)
8.9 Report from Airport Advisory Board. (Victor Lohmann)
8.10 Discussion of Urban Greenways by Thomas F. Gustafson.
8.11 Discussion of proposed Private-Public Partnership Pilot Program
Broward County A1A Beach Trolley Service.
9. APPOINTMENTS
9.1 One (1) member on the Airport Advisory Board.
9.2 One (1) member on Budget Advisory Committee.
9.3 One (1) member on Community Affairs Board.
9.4 Two (2) members on the Dania Economic Development and
Downtown Redevelopment Board.
9.5 Three (3) members on Marine Advisory Board.
9.6 Three (3) members on Occupational License Review Advisory
Board.
i 9.7 One (1) member on the Planning &Zoning Board.
9.8 One (1) member on Dania Housing Authority (term expired
11/1/97)
10. ADMINISTRATIVE REPORTS
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10.1. City Manager—reminder- December 23, 1997, Commission
Meeting cancelled
10.2 City Attorney
11. COMMISSION COMMENTS
11.1 Commissioner Bertino
11.2 Commissioner Etling
11.3 Commissioner Hyde
11.4 Vice Mayor Cali
11.5 Mayor Mikes
1
CITY OF DANIA AGENDA 9 NOVEMBER 25, 1997
r
ADDENDUM
DANIA CITY COMMISSION
REGULAR MEETING
NOVEMBER 25,1997
7:30 P.M.
CONSENTAGENDA:
1.15 "AN EMERGENCY ORDINANCE OF THE CITY OF DANIA, FLORIDA,
AMENDING ORDINANCES NO. 02-97, 06-97, ORDINANCE PASSED
JULY 22, 1997, ORDINANCE NO. 11-97, ORDINANCE NO. 12-97 AND
ORDINANCE NO. 13-97 FOR THE EXTENSION OF THE MORATORIUM
ON PLACEMENT AND INSTALLATION OF TELECOMMUNICATIONS
FACILITIES; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT AND AN EFFECTIVE DATE." (First and Second Reading of
Ordinance)
8. DISCUSSION AND POSSIBLE ACTION:
8.12 Discussion of 5th Avenue/linear park. (Mayor Mikes)
8.13 Discussion of Poinciana Hotel Halfway House use. (Mayor Mikes)
� l
8.14 Discussion of Melaleuca Gardens waterlines/buffer. (Mayor Mikes)
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8.15 Discussion of Dania Fishing Pier Restaurant. (Mayor Mikes)
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OFFICE OF THE MAYOR
i CITY OF DANIA
PROCLAMATION
WHEREAS, about 954,000 Americans die each year from heart disease and stroke; and
WHEREAS, every 33 seconds an American dies from cardiovascular disease, and
WHEREAS, cardiovascular disease is the Number One killer in Florida; and
WHEREAS, the American Heart Association is the largest voluntary non-profit organization
whose mission is to reduce disability and death from heart disease and stroke; and
WHEREAS, that public screenings have the potential to detect large numbers of people with
high blood cholesterol levels and can raise awareness of high blood cholesterol as a risk factor
for coronary heart disease, the first step toward modifying lifestyle to reduce risk; and
WHEREAS, the mission of the American Heart Association emphasizes the significance of
education on the prevention, treatment, and importance of compliance with groups that have a
major influence on public health.
NOW, THEREFORE, I, Bob Mikes, as Mayor of the City of Dania, Florida, do hereby recognize
"FLORIDA'S CAMPAIGN AGAINST CHOLESTERIOL"
and the efforts of the American Heart Association and State government, and encourage the
citizens of Dania to learn about individual risk factors, make changes in their lifestyles to reduce
the risk, and have their cholesterol and blood pressure levels screened regularly.
IN WITNESS WHEREOF, I have hereunto set my hand and caused this seal to be affixed this
25 day of November 1997.
B MIKES OR
AZJ4ABA
, ITY LER
Sent by; ALAN J POLIN PA 9543453902 11/06/97 4:02PM Jot? 762 Page 1/1
1:6371:U tv QE [XDA1T CRH. T0: 9543453902 OC.T 21. S997 4:52Pn P.a2
j o N C f
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m E y
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nO WHEREAS,about 954,000 Americans die each year from heart disease and stroke;and
N WHF.RFAS,cvery 33 seconds an American dies from cardlnvasuuLu distxw;and
L ZWHEREAS,audiovascular di"w is the Number One kitlm in Florida;and
� �
Mij j; WI10RTvAs, tlsc Anerican Ilcan Association is the largest voluntary non-profit organi>wtion
G whose mission is to mduce disabilily end cl from beartdiscase and stroke;mid
0 a LL WHEPtEAS, drat public screenings have the potential to detect large numbers of people with
high blood ehAlcstcrol levels and can raise awareness of high blood ehokatarril as a risk factor
for caroma y Iaun disease,the first step toward modifying lifestyle to rcducc rick;and
WHERE.9S, dtc mission of the American Heart Association emphwiw.s the significance of
aducalimr on tie;prarrntion, tttatmcD%and Importance of compfiance with groups that have a
major influanea on public health.
NOW.THEREFORE., 9E rr RESOLVED this the City Commission of the City of Coconut
Creek,Fiords,hereby recognizes
'FLORIDA'S CAMPAIGN ACAINST CHOLESTEROL"
1
and the eltions of dse American Itew Association end Stale govemmmi, aml encourages Its
citimas to Icarn about their individual risk factors,make changes in their lifestyle to reduce that
risk,mid have Uteir cholesterin awl blood pressure,levels acrxrayl regularly.
IN WIIMS VA IEREOF,we have hereunto
iel our hands and caused the ecai
W the Oily of Coconut Credo To be affixed
this 73rd day of October, 1997.
Aw— —
1'I ayor r c CommissionerT
I/ke N,aYd J E Cam tssione
nr-��1
' i Com issiotw
NOV-06-199'7 16:54 9543453902 P.01
y
v`vtuxcs ri 01,74CE' OF THE CITY COALUI.SS/ON
0 o'E
CITY OF COLIC SPRINGS FLORIDA
9551 WEST SAMPLE ROAD
CORAL SPRINGS, FL 33065
TELEPHONE:(954)344-1004
ALAN J. POLIN FAX:(954)344-1043
Commissioner October 24, 1997
V ;
i Proclamation Clerk
City of Dania
100 W. Dania Beach Blvd.
Dania, FL 33004
Re: Governor Lawton Chiles' proclamation for Florida's Campaign to Control Cholesterol
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Dear Sir/Madam:
iOn September 25 Commissioner Polin sent Mayor Mikes a letter regarding Governor Lawton
Chiles' proclamation for Florida's Campaign to Control Cholesterol. In an effort to inform The
American f Ieart Association, Florida Affiliate, the Florida Medical Association (FMA), the
Florida Chapter of the American College of Cardiology (FLACC), and Merck & Co. that our
esteemed cities are recognizing this proclamation effort, please forward your city's Proclamation
Certificate, or any other form of recognition, to this office at your earliest convenience. We will
then forward the certificates to the appropriate association.
Commissioner Polin appreciates your assistance in this matter. If you have any questions, please
call me.
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Very truly yours,
Andrea Zoiler
i Administrative Assistant to
Commissioner Alan J. Polin
City of Coral Springs
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33�
J 330� 5 OCT 1997
Uur nra cn.n�ti to h�Ihr prcnarr rrtr ut l-luvhi in Lrr. a urA miJ rant��hu+uh' .
OFFICE OF THE MAYOR
CITY OF DANIA
PROCLAMATION
WHEREAS, Home Care is the oldest and most humane tradition of health service delivery in the
United States since the 1880's, enabling the ill and disabled to receive high quality medical
assistance in the comfort and security of their own homes and retain a sense of dignity and
independence.
WHEREAS, Home Care in the United States is a growing alternative to hospitalization for acute
and chronic illnesses, serving more than 7 million Americans each year, and
WHEREAS, Thousands of hard-working men and women in association with more than 20,000
home care agencies promote the health and welfare of society by providing cost effective home
care which emulates quicker recoveries and improvements than institutional care; and
WHEREAS, these dedicated home care professionals and volunteers form a network of caring
support in our nation's vast health care system and are deserving of special honor and
appreciation for the many contributions; and
WHEREAS, the City of Dania, the National Association for Home Care, and home care
agencies throughout the United States have declared the month of November 1997, as National
Home Care Month and are calling upon all Americans to observe this occasion with appropriate
ceremonies and activities;
NOW, THEREFORE, I, Bob Mikes, as Mayor of the City of Dania, Florida, do hereby proclaim
the month of November 1997, as
"NATIONAL HOME CARE MONTH"
in the City of Dania and urge the entire community to support the home care profession in its
efforts to provide safe, affordable and comfortable health care in the homes of our elderly and
disabled.
IN WITNESS WHEREOF, I have hereunto set my hand and caused this seal to be affixed this
25 day of November 1997.
A T:
BOB IKES AYOR
MARIE JABALE , C TY CLERK
Y
11/06/97 77N 17:28 FAX 954 981 0457 DONE EEALTH 9004
PROCLAMATION
NATIONAL ROME CARE MONTH
NOVEMBEB 1 . 30,1937
WBEBEAS: HONE CARE IS THE OLDEST AND MOST HUMANE TRADITION OP
HEALTH SERVICE DELIVERY IN THE UNITED SPATES SINCE 18906,
ENABLING T _ �34IOmQ� TO RECEIVE HCGH-qUALTTY
i 0�0 .. T AND 5'ECORITY OF THEIR
AND iNDENCKDENCE;
d��,pyy.*k., "A,�n�e o
WBEREA6: ff '�INTHEUNITED 9TATE4 LA TEffiSATIVETO
A ALIZATION FOR ACU7E AND C I(;@TE.4kyES,SERVING
THAN 7 MH.LION ANERICANB EACH m
WHERE.- � THOUSANDS OF HABD•WOHRDiGMEN `� iA770N
WITH MORE THAN 901000 ROME CABE EN THE . .
1 BY VIDINGC
f\°q ]LATE@ CKER. AND
' WIIAVE NAL :AND 4
THESE DEDICATED OF
S ADib Vet
9 HEALTH CARE SYSTEM 0 SPEC HO R
®b�AND APPIMC OP».f � .
. 1 CARE,
H //AND HOME CARE 1 .
,I 4 .^',, ROOIiE AND TO
y� OBSERVE THIS OCCASION E U
-T �T
TIARA GCE HOLLYWOOD
OL L MAYOR OP THE C ROLL D�R M
AND THE 1.30,1 WOOD CITY COMMON, Y CWllM -
NOV�ER 130.1997,AS:
NATION ObIE C
IN O BUPFOICfTIQt .
r FE'OKQOPTO PROVIDE SAFE,
IIi THH HOMES OF
OUR
SIGNED THIS 24TH DAY OP OCTOOER, 1997,AT
HOLLYWOOD, FLORIDA.
MAYOR MARA GIIH.IANTI
VICE MAYOR E@NNETH GOTMIEB
COMMSIONES CATHIJIE,d ANDERSON. .
COMICSSIONEE RICKM BIATI'NER .
OONML4SIONER BLEANOR SOBEL .
NOV-06-1997 17:17 954 9B1 0457 P•04
y \
11/00/97 THU 17:20 FAX 054 991 0457 HONE HEALTH Q001
COVEK Sliti ,,,
d
MEM®RYAL HOME HEALTH SERVICES
3501 Johnson Sheet
Hollywood, FI 33021
Phone: 954/985 5974 -- Fax: 9541985-6147
DAB: # OPAGS: �
To..
.SAX A q5
PROM: 1� ,sae us
MESSAGE: "'e II
- `
NOV-06-1997 17:15 954 981 0457 P.01
y' \
'Its
RESOLUTION NO.
A RESOLUTION OF THE CITY OF DANIA, AUTHORIZING A GRANT OF
EASEMENT TO THE CITY OF HOLLYWOOD, FLORIDA, OVER AND
ACROSS A PARCEL OF PROPERTY ALONG DANIA BEACH WHICH IS
DESCRIBED ON EXHIBIT "A", WHICH IS ATTACHED HERETO AND
MADE A PART HEREOF, SAID LANDS SITUATE, LYING AND BEING
IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA, FOR THE
PURPOSE OF INSTALLING, MAINTAINING, REPAIRING AND
OPERATING A WATER LINE AND NECESSARY APPURTENANCES ABOVE
AND UNDERGROUND ALONG SAID PROPERTY; PROVIDING FOR THE
CONVEYANCE BY THE CITY OF DANIA TO THE CITY OF HOLLYWOOD
BY BILL OF SALE OF CERTAIN PERSONAL PROPERTY DESCRIBED AS
WATER LINES, WATER MAINS, LATERALS AND FITTINGS INSTALLED
ON THE PROPERTY DESCRIBED WITHIN EXHIBIT "A" IN THE CITY
OF DANIA, BROWARD COUNTY, FLORIDA; AUTHORIZING AND
DIRECTING THE MAYOR AND APPROPRIATE CITY OFFICIALS TO
EXECUTE AND DELIVER A GRANT OF EASEMENT AND BILL OF SALE
FOR SAID PROPERTY TO THE CITY OF HOLLYWOOD; PROVIDING
THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Dania, Broward
^ounty, Florida, desires to extend improve, maintain and repair the
water distribution lines along Dania Beach within the City of
Dania, Florida; and
WHEREAS, the City of Hollywood supplies the City of Dania with
water which is utilized by the City of Dania along the Dania Beach
area; and
WHEREAS, the City of Hollywood proposes to provide maintenance
and repair services for the water distribution lines along Dania
Beach within the City of Dania; and
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WHEREAS, it is necessary to grant an easement to the City of
Hollywood on the right-of-way thereof for installation,
1
maintenance, repairs and operation of a water system, including but
not limited to, water pipes, water mains and laterals, the
necessary appurtenances above and underground and to clear and keep
clear such obstructions from the surface or subsurface that might
endanger the proper construction, operation and maintenance of said
system, on, in, over, across and under the property described in
Exhibit "A"; and
WHEREAS, the City Commission of the City of Dania has agreed
to convey a grant of easement to the City of Hollywood for the
Purpose of installing, maintaining, repairing and operating a water
system including water mains, laterals and fittings and the
necessary appurtenances above and underground on the property
described in Exhibit "A"; and
WHEREAS, the City of Dania has agreed to convey to the City of
Hollywood its right, title and interest in and to the water lines,
water mains, laterals and fittings installed on the property
described in Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA, FLORIDA:
Section 1: That the City of Dania execute and deliver to the
City of Hollywood a grant of easement conveying an easement and
sight-of-way along the property described in Exhibit "A" for the
Purpose of installing, maintaining, repairing and operating a water
system, including, but not limited to, water lines, laterals and
fittings and the necessary appurtenances above and underground
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along the property described in Exhibit "A".
Section 2: That the City of Dania make and deliver to the City
of Hollywood a bill of sale conveying the water lines, water mains,
laterals and fittings installed on the property described in
Exhibit "A" hereof.
Section 3: That the Mayor and appropriate city officials be
and the same are authorized and directed to execute the grant of
easement and bill of sale for and on behalf of the City of Dania
and to affix the seal of the city thereto.
Section 4: That the aforesaid grant of easement and bill of
sale shall be placed of record in the Official Records of Broward
County, Florida, in the office of the County Recording Department.
Section 5: That all resolutions or parts of resolutions in
conflict herewith be and the same are hereby repealed to the extent
of such conflict.
Section 6: This resolution shall take effect immediately upon
its passage and adoption.
PASSED AND ADOPTED THIS 25th DAY OF NOVEMBER, 1997.
CITY OF DANIA
By:
MAYOR-COMMISSIONER
ATTEST:
CITY CLERK-AUDITOR
APPROVED AS TO FORM AND CORRECTNESS:
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CITY ATTORNEY
3
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EXHIBIT "A".
TO RESOLUTION BETWEEN CITY OF DANIA AND• CITY 'OF 'HOLLYWOOD
REGARDING WATER LINE ON DANIA BEACH
LAND DESCRIPTION:
A portion of Block 200 and a portion of New River Sound. HOLLYWOOD
CENTRAL BEACH, according to the plat thereof as recorded In Plat
Book 4, Page 20-0. Of the Public Records of Broward County, Florida.
being a 10 foot utility Easement. 5.00 feet an each aide of the
following deserlbed center line:
COMMENCEING at the Northeast corner of Block 199. of said HOLLYWOOD
CENTRAL BEACH:
THENCE South 879201510 Most. along the North line of said Black 199.
16.96 fast:
THENCE North 03650'13' Meet, 43.07 feet to the POINT OF BEGINNING:
THENCE continue North 030500130 most. 12.38 feaC
THENCE North 82929152, East. 123.60 feet:
THENCE North 76140,Ar East, es.go feat:
THENCE North 59049'10' East, ZL 17 feet:
THENCE North 40.270120 East. 11&84 feat:
THENCE North 03058'46' East. 110.49 feor
THENCE North 08042*43' East. 65.11 feat:
THENCE North 380221Sr East. 17.70 feat.
THENCE North 21046'18' East. 123.99 fast to Reference Point 'A':
THENCE continue North 21'49.16' East. 57.89 feet to Reference Point 090:
THENCE continue North 21.46116' Fiat. 172.78 feet:
THENCE North 15'S3'00' East, 110.70 feet;
THENCE North 42616.55' East, 50.27 feat:
THENCE North 04057.269 East. 95. 15 fast to Reference Point 'c':
THENCE continua North 04657#25' East. 122.76 flat to Reference Point 'O•:
THENCE continua North 0057025' East, 215.94 foot•.
THENCE North 05'34.38' East. 2.01 feet to Reference Point 'E':
THENCE continue North 05'34135• East, 240.45 fast.
THENCE North 04027.260 East, i 82 feat to Reference Point 'F':
THENCE continue North 04927,26, East, OL 10 feat to Reference Point 'G:
THENCE continue North 04'27'26' East. 200.20 feet to Reference Point 'H•:
THENCE eonlnue North 04.27'26' East. 251.85 fast to Reference Point 'J':
THENCE continue North 04.27025' East. IL SO feet to the POINT OF TERMINATION
TOGETHER WITH:
M14MOCEING at said Reference Point •A':
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THENCE South 73'52'56' East. 5.02 feet to the POINT OF BEGINNING;
THENCE continue South 73'52156' East. 16.54 feet to the POINT OF TERMINATION
TOGETHER WITH:
COMMENCEING at said Reference Point •B•:
THENCE South 73.49'35• East. 5.02 feet to the POINT OF BEGINNING;
THENCE continue South 73.49'35• East. 7.24 feet to the POINT OF TERMINATION:
TOGETHER WITH:
COMMENCEING at said Reference Point •C•:
THENCE South 84.40'110 East. L OD feet to the POINT OF BEGINNING:
THENCE Continue South 84.40'11• East. 24.83 feet to the POINT OF TERMINATION;
TOGETHER WITH:
CON14ENCEING at said Reference Point •D.:
THENCE South 82.57'14• East. 5.00 feet to the POINT OF BEGINNING:
THENCE Continue South 820571140 East. L7.20 fast to the POINT OF TERMINATION;
TOGETHER WITH:
COMMENCEING at Said Reference Point •I-:
THENCE South 88•!0.38• East. 5.01 feet to the POINT OF BEGINNING:
THENCE Continue South 68.10.38• East. IL 37 feet to the POINT OF TERMINATION:
TOGETHER WITH:
CONMENCEING at said Reference Point •F•:
THENCE South 80.41.32• East. 5.02 feet to the POINT OF BEGINNING:
THENCE Continue South 80•411320 East. 31.57 feet to the POINT OF TERMINATION;
TOGETHER WITH:
COMMENCEING at Said Reference Point •9•:
THENCE South 83.22'239 East. LOD feet to the POINT OF BEGINNING:
THENCE continue South 83.22'239 East. 15.44 feet t0 the POINT OF TERMINATION:
TOGETHER WITH:
COMMENCEING at Said Reference Point •if:
THENCE South 86'19'040 East. L OD rest to the POINT OF BEGINNING•
i THENCE continue South 86•19'049 East. l6.07 feat to the POINT
OF TERMINATION;
TOGETHER WITH:
COMMENCEING at Said Rararence Point •J•:
THENCE South 82.24*41• East. 5.01 feet to the POINT OF BEGINNING.
THENCE continue South 82.24.41• East. 40. 15 feet to the POINT OF TERMINATION;
Said lands lying In the City Of Dania. Broward County. Florida.
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PREPARED BY/RETURN TO:
TIMOTHY M. RYAN, ESQ.
RYAN 6 RYAN, P.A.
700 East Dania Beach Boulevard
Third Floor
Dania, Florida 33004
GRANT OF EASEMENT
THIS GRANT OF EASEMENT executed this day of November,
1997, by the CITY OF DANIA, a Florida municipal corporation, 100
West Dania Beach Boulevard, Dania, Florida 33004, party of the
first part, to the CITY OF HOLLYWOOD, a Florida municipal
corporation, 2600 Hollywood Boulevard, Hollywood, Florida 33020,
party of the second part.
WITNESSETH that the party of the first part, for and in
consideration of the sum of Ten Dollars, the receipt of which is
hereby acknowledged, and other good and valuable consideration,
does grant, sell, and convey unto the second party an easement and
right of way for the installation, maintenance, repair and
operation of a water system, including, but not limited to, water
lines, water mains, laterals and fittings and the necessary
appurtenances above and underground for such purposes; also, the
right to clear and keep clear such obstructions from the surface or
subsurface that might endanger the proper construction, operation
and maintenance of said systems, on, in or below the real property
legally described on Exhibit "A" attached hereto and made a part
hereof.
The right-of-way, easement, rights and privileges herein are
granted for the purpose of allowing the party of the second part to
install, maintain, repair and operate certain water lines and
i necessary appurtenances above and underground along the described
Property marked Exhibit "A".
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j The easement, rights and privileges granted herein are
i exclusive and first party covenants that it will not convey any
other easement or conflicting rights within the area covered by
this grant. The easement, rights and privileges hereunder shall
terminate when, or at such time as the purposes hereof cease to
exist, are abandoned by the second party, or become impossible of
performance. This instrument shall be binding on and shall enure
to the benefit of the successors and assigns of the parties hereto.
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i IN WITNESS WHEREOF, this instrument is executed on the day and
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year stated above.
Signed, sealed and delivered CITY OF DANIA
in our presence as witnesses: a Florida municipal corporation
By:
BOB MIRES, MAYOR
ATTEST:
MARIE JABALEE, CITY CLERK
MICHAEL SMITH, CITY MANAGER
APPROVED AS TO FORM:
By: _
TIMOTHY M. RYAN, CITY ATTORNEY
STATE OF FLORIDA )
COUNTY OF BROWARD )
The foregoing instrument was acknowledged before me this _
day of November, 1997, by BOB MIKES, as Mayor of the City of Dania,
know to me to be the person described herein, or who produced _
{ as identification.
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IN WITNESS WHEREOF, I have hereunto set my hand and my
official seal, this day of November, 1997.
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Notary Public
My Commission Expires:
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EXHIBIT "A"
TO GRANT OF EASEMENT BETWEEN CITY OF DANIA AND 'CITY OF HOLLYWOOD
REGARDING WATER LINE ON DANIA BEACH
LAND DESCRIPTION:
A portion of Block 200 and a Portion of Now River Sound, HOLLYWOOD
BookR4. P geH20a0. OfithetPublicPRecords orfaroward County. Florida,
pain'
following described center line;
COHMENCEING at the Northeast corner of Block 199, of Said HOLLYWOOD
CENTRAL BEACH:
THENCE South 87-20.519 Neat, along the North tine of amid Block 199,
16.96 finet:
THENCE North 03.50'13• Nest, 4107 flat to the POINT OF BEGINNING:
THENCE continuo North 03.50'13• Nest, 12.35 feet;
THENCE North 82.2g'52• East, 121SO feet;
THENCE North 75040.4W Ems%, B3.90 het:
THENCE North 591 49.10• East, 21. 17 fast;
THENCE North 409270120 East, 116.84 feet:
THENCE North 039SB'46• East. 110. 49 test:
THENCE North 08.42'43• East, 5L 11 feet:
THENCE North 30'22'S79 East. 17. 70 feet:
THENCE North 21.48'18• East. 123.99 feet to Reference Point •A•:
THENCE continue North 21.4601B• East, 57.89 Test to Reference Point •B':
THENCE Continue North 21.46'182 East, 172.78 foot:
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THENCE North 15.53.00• East, 110. 70 feet:
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THENCE North 42916.W East, SIL 27 feet:
THENCE North 04057.28• East. 9LIS foot to Reference Point •C•;
THENCE continue North 04057.26• East, 122.78 feet to Reference Point 'Cr:
THENCE continue North 01.57°269 East. 255.91 foot;
THENCE North O5'34'382 East. 2.01 fast to Reference Point •E•:
THENCE continue North D5.34.3B• East, 240.45 feat;
THENCE North 04.27126• East, 2.82 feet to Reference Point •F•;
THENCE continue North 04.271259 East, 9B. 10 fast to Reference Point •G•;
THENCE continue North 04.27'28• East, 2DO.20 fast to Reference Point •H•;
THENCE coninue North 04.2712W East, 281.85 feet to Reference Point •J°;
THENCE continue North 04.27'28• East, 12 96 feet to the POINT OF TERMINATION
i TOGETHER WITH:
' CONNENCEING at said Reference Point 'A•;
THENCE South 730S2'562 East, 5.02 feet to the POINT OF BEGINNING;
THENCE continue South 73.S2'550 East. 16.54 feet to the POINT OF TERMINATION
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TOGETHER WITH:
COMMENCEING at said Reference Point 'B':
THENCE South 73049'35' East. 5. 02 feet to the POINT OF BEGINNING:
THENCE continue South 73-49.350 East. 7.24 feat to the POINT OF TERMINATION;
TOGETHER WITH:
COMMENCEING at Bald Reference Point 'C':
THENCE South 84'40'11' East. 5.00 feet to the POINT OF BEGINNING:
THENCE continue South 84'40'11' East. 24.83 feet to the POINT OF TERMINATION:
TOGETHER WITH:
COMMENCEING at said Reference Point '0';
THENCE South 82'57'14' East. 5.00 feet to the POINT OF BEGINNING:
THENCE continue South 820S7114- East. 17.20 feet to the POINT OF TERMINATION:
TOGETHER WITH:
COMMENCEING at Bald Reference Point or:
THENCE South BB'tO'3B' East. 5.01 feet to the POINT OF BEGINNING:
THENCE continue South 88'10'313' East. IL 37 feet to the POINT OF TERMINATION:
TOGETHER WITH:
COMMENCEING at sold Reference Point 'F-:
_ THENCE South 80141'32' East. 5.02 feet to the POINT OF BEGINNING;
THENCE continue South 60'41'32' East. 31.57 fast to the POINT OF TERMINATION;
TOGETHER WITH:
COMMENCEING at said Reference Point '9';
I THENCE South B3622'23' East. 5.00 feet to the POINT OF BEGINNING;
. THENCE continue South 83022'23' East. 16.44 fast to the POINT OF TERMINATION;
TOGETHER WITH:
COMMENCEING at said Reference Point 'N':
THENCE South 86,19'04' East. 5. 00 fast to the POINT OF BEGINNING:
THENCE continue South 86*19*04' East. 16.07 feet to the POINT OF TERMINATION;
� TOGETHER WITH:
COMMENCEING at Said Reference Point ex;
i
THENCE South 82.24'41' East. 5.01 feet to the POINT OF BEGINNING:
fTHENCE continue South 82624.41' East. 40. IS feet to the POINT OF TERMINATION:
Said lands tying In the City of Dania. Broward County. Florida.
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PREPARED BY/RETURN TO:
TIMOTHY M. RYAN, ESQ.
RYAN 6 RYAN, P.A.
700 East Dania Beach Boulevard
Third Floor
Dania, Florida 33004
BILL OF SALE
KNOW ALL MEN BY THESE PRESENTS, that the CITY OF DANIA, a
Florida municipal corporation, having an address of: 100 West
Dania Beach Boulevard, Dania, Florida 33004, for and in
consideration of the sum of Ten ($10.00) Dollars and other good and
valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, has granted, bargained, transferred, sold and
delivered to and by these presents does grant, bargain, transfer,
sell and deliver to the CITY OF HOLLYWOOD, a Florida municipal
corporation, all right, title and interest of the City of Dania in
and to the following personal property, goods and chattels :
Any and all above ground and below ground
water lines, water mains, laterals and
fittings installed or located on, in or below
the real property described in Exhibit "A"
attached hereto and made a part hereof.
TO HAVE AND TO HOLD THE SAME together with all and singular,
the appurtenances thereunto belonging to, or in anywise
appertaining to the estate, right, title, interest, lien, equity
and claims whatsoever of the City of Dania either in law or in
equity, to the property use, benefit and behoof of the City of
Hollywood, forever.
IN WITNESS WHEREOF, the City of Dania has made and executed
this BILL OF SALE through its CITY COMMISSION, signing by and
through its Mayor, authorized to execute same by Commission action
this 25' day of November, 1997.
i
Signed, sealed and delivered CITY OF DANIA
in our presence as witnesses: a Florida municipal corporation
By:
BOB MIKES, MAYOR
{I
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ATTEST:
MARIE JABALEE, CITY CLERK
MICHAEL SMITH, CITY MANAGER
APPROVED AS TO FORM:
By:
TIMOTHY M. RYAN, CITY ATTORNEY
STATE OF FLORIDA )
COUNTY OF BROWARD )
The foregoing instrument was acknowledged before me this _
day of November, 1997, by BOB MIKES, as Mayor of the City of Dania,
know to me to be the person described herein, or who produced _
as identification.
IN WITNESS WHEREOF, I have hereunto set my hand and my,
official seal, this day of November, 1997.
Notary Public
My Commission Expires:
i
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EXHIBIT "A"
TO BILL OF SALE BETWEEN CITY OF DANIA AND CITY OF HOLLYWOOD *
REGARDING WATER LINE ON DANIA BEACH
LAND DESCRIPTION:
A portion of Block 200 and a portion of New River Sound. HOLLYWOOD
BookR4. PageH2Oa0. OflthetPublic-RecoraeroffBrowerd County Florida.
being a 10 foot Utility Easement. LBO feet on each side of the
following described center line;
COMMENCEING at the Northeast corner of Block l99, of sale HOLLYW000
CENTRAL BEACH:
THENCE South B7'20'5!' West, along the North line of sold Block 199.
15.96 feet;
THENCE North 03'50.13' most, 43.07 foot to the POINT OF BEGINNING:
THENCE continue North 03.50'13' went. 12.35 feat:
THENCE North 82.29'52• East. l23.60 feet:
THENCE North 76'40'46• East. 6190 ftor
THENCE North 511'49'106 East. 2L 17 toot;
THENCE North 40027#121 East. 116.84 feet;
THENCE North 03,58.46, East, !l0.49 feat;
THENCE North OB'42'43' East. OL11 feet;
THENCE North 38922,Sr East. 17. 70 test:
THENCE North 21446'1B' East, l23.99 feet to Rsfarenca Point •A•:
THENCE continue North 21046.16' East. 57.89 foot to Reference Point •B.;
THENCE continue North 21046'189 East, 172.78 fast;
THENCE North !S153.00• East. 110. 70 feet;
THENCE North 42616-W East, SA 27 feet;
THENCE North 04957.260 East. 9L 15 feet to Reference Point 'C';
THENCE continue North 04'57'26• East, 122.78 fast to Reference Point 'O•:
THENCE continue North 04'S7.2B' East, 21L 94 feet;
THENCE North 05'34'36• East. 2.0! fast to Reference Point 'E';
THENCE continue North 05134.36' East, 240.46 foot;
THENCE North 04.27'280 East, 2.82 feet to Reference Point 'F';
THENCE continue North 04.27'25• East. 98. 50 foot to Reference Point '9';
THENCE continue North 04027'26' East. 200.20 test to Reference Point 'H°;
THENCE conlnue North 04.27*260 East, 261.85 fast to Reference Point •J•;
THENCE continue North 04127'28' East. 12.96 feet to the POINT OF TERMINATION
TOGETHER WITH:
CONMENCEING at said Reference Point !A•:
THENCE South 73952056, East, 5.0E feet to the POINT OF BEGINNING;
THENCE continue South 73952156• East. i6.51 feet to the POINT OF TERMINATION
r
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COMMENCEING at Bald ReferenceTOG Pol ETHSMITH:
THENCE South 73.49'35• East. 5.02 feet to the POINT OF BEGINNING:
THENCE continue South 73°49.35• East. 7.24 feet to the POINT OF TERMINATION;
TOGETHER
COMMENCEING at said Reference -Polint WITH:
X
THENCE South 84.40.11, East.THENCE continue South B4.40' 1 5.00 Peet to the POINT OF BEGINNING;
1° East, 24.83 feet to the POINT OF TERMINATION;
TOGETHER
COMMENCEING at said ReferencePolint WITH.
-M
THENCE South 82.57114' East. 5.00 feet to the POINT OF BEGINNING:
THENCE Continue South 82.57.14• East, 17.20 feet to the POINT OF TERMINATION;
I
TOGETHER WITH:
COMMENCEING at said Refereneo Point •E';
THENCE South 88•10'38' East. 5.0! feet to the POINT OF BEGINNING;
THENCE Continue South 88.10'381 East, 18.37 feat to the POINT OF TERMINATION:
TOGETHER WITH:
COMMENCEING at said Reference Point •F•:
THENCE South 80.41'32• East. 5.02 feet to the POINT OF BEGINNING..
THENCE Continue South 80'41'32• East. 31.57 test t0 the POINT OF TERMINATION;
TOGETHER WITH:
COMMENCEING at Said Reference Point •G•;
THENCE South 83.22'23• East. 5.00 test to the POINT OF BEGINNING;
THENCE continue South 83922'231 East, 15.44 teat t0 the POINT OF TERMINATION;TOGETHER WITH:
COMMENCEING at said Reference Point •H•;
j THENCE South 86#19.049 East, Moo feet TO
J� h POINT
THENCE continue south 86°!9'04• East. l6. D7featto teB POINT I0F,
fj TOGETHER WI H: TERMINATION:
COMMENCEING at said Reference Point •J•;
THENCE South 82.24'410 East. 5.01 feet to the POINT OF BEGINNING;
THENCE continue South 82.24'41• East. 40. 15 fast to the POINT OF
Said lands lying In the City Of Dania, Broaard Count ,Said
Y Fiorltla.
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ORDINANCE No.
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA,
ARTICLE 2, SECTION 6 OF PART VI OF THE CITY CHARTER 0 RELATING TO ELECTIONS; PROVIDING THAT NO TWO RELATED
PEOPLE SHALL SERVE OR WORK AS POLL WO IN TH
SAME POLLING PRECINCT DURING A WORKERS WITHIN THE
PROVIDING THAT THE TERM "RELATED MUNICIPAL ELECTION;
THOSE PEOPLE RELATED TO THIRDPDEGREE BY EOPLE" SHALL INCLUDE
CONSANGUINITY OR BY MARRIAGE; PROVIDING THAT ALL POLL
WORKERS SHALL ROTATE THROUGH VARIOUS NO POLL WORKER SHALL SERVE OR WORK PRECINCTS SO THAT IN THE SAME POLLING
PRECINCT IN TWO CONSECUTIVE IN
ELECTIONS;
PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH
CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY FLORIDA: COMMISSION OF THE CITY OF DANIA,
Section 1
That Article 2, Section 6 of Part VI of the
Charter of the City of Dania, be and the same is hereby amended
to read as follows :
" (a) The city commission shall by resolution
determine and provide for the method and
manner of calling and holding any and all
elections hereunder, except as otherwise
provided herein, and shall name the
inspectors and clerk to serve upon election
boards and designate a police officer of the
City of Dania to act as bailiff at each
election precinct.
(b) No two related poll workers shall serve
or work within the same polling precinct
during a municipal election. The term
'related people' shall include those people
related to the third degree by consanguinity
or by marriage .
(c) All poll workers shall rotate through the
various precincts within the municipality so
that no poll worker shall serve or work in
the same polling precinct in two consecutive
municipal elections . "
Y
.Section Except as herein amended, all other provisions
of Article 2, Part VI of the Charter of the City of Dania shall
remain in full force and effect.
Section 3, That all ordinances or parts of ordinances and
all resolutions or parts of resolutions in conflict herewith be
and the same are hereby repealed to the extent of such conflict.
Section That this ordinance shall be in force and take
effect immediately upon its passage and adoption.
PASSED AND ADOPTED on First Reading of the 25" day of
November, 1997.
PASSED AND ADOPTED on Second and Final Reading on the 9`"
day of December, 1997 .
MAYOR - COMMISSIONER
ATTEST:
CITY CLERK - AUDITOR
APPROVED AS TO FORM AND CORRECTNESS:
CITY ATTORNEY
f}y.ff3 � s o
d r
PART II
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V V Y
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DANIA CITY COMMISSION
NOVEMBER 25, 1997
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�► Community Development Division
BROWARD WC0IUDNJTYV 201 S. Andrews Avenue,2nd Floor
Fort Lauderdale,FL 33301
(954) 765-4910 . FAX 765-4919/765.4914
October 14, 1997
Mr. Richard W. Saltrick, P.E., Project Engineer
Calvin Giordano &Associates, Inc.
2 Oakwood Boulevard, Suite 20
Hollywood, FI 33020
} enren,aundNn. .. ...•
Subj: Bid Tabulation for Northwest Improvements Phase II and
Southwest Improvements Phase II
Dear Mr. Saltrick:
Broward County Community Development Division concur with your recommendations of
Underground Contracting Co. as the lowest response responsible bidder for the
Northwest Improvement Phase 11 and Florida Blacktop, Inc. as the lowest response
responsible bidder for the Southwest Improvements Phase II.
Please be advised we are waiting for a response from the Office of Small Minority
Business Opportunity as to whether Underground Contracting Co. has met the required
SDBE goals. We will forward you a copy of their response upon receipt.
If there are any questions, please do not hesitate to contact me at (954)765-4910,
extension 231 or Ms. Earnestine Tai at (954)765-4910, extension 229.
Sincerely/, p'
K�
Ron Bono,
/ Project Management Manager
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cc: Mike Smith, City Manager, City of Dania
Bram Persaud, Community Development
Earnestine Tai, Community Development
ET(a;lsw)
- i
WARD
UNTY BOARD
es
Norman Abramow k Scott I Cowan aSu Suzanne COUNTY
N.GuuM bulge Ilene ebe Equal
rmanap Or,Nome Pa sh Employer Sylv and
iarPomerr of John EC Redsirom.Jr.
i World Witlo Wob:hnoo.browortl.11.us/Planning
I /
�j Calvin, Giordano g Associates, Inc. 997
Engineers Surveyors Planners
November 14, 1997
,
Michael Smith
City Manager
City of Dania
Re: Northwest Sidewalk and Landscape Improvements—�
CGA Project No. 97-1724
Dear Mr. Smith:
Please find attached the Certified Bid Tabulation for the above referenced project.
Homestead Concrete and Drainage, Inc. did not submit form SR-4 or SR-5 as required.
Therefore, the lowest responsible bidder is United Underground Corp. with a bid of
$189,980.00
Please see the attached letter from the Broward County Community Development
Division agreeing that United Underground Corp. is the lowest responsive bidder.
Therefore, this office recommends award of the above referenced project.
Sincerely,
BERRY & CALVIN, INC.
Richard W. Saltrick, P.E.
Project Manager
Reply Io:
0 2 Oak...IB ulaa¢I RWS/pal
Suite 120 lldbu+vi,rlorida 33020 p397.1724\eng\eoreJtrUnvs1 114.doc
(954)921-7781
(954)921-8807(as cc: Timothy Ryan, City Attorney
L1. 6401 SAV.87th.Aenu
Sultr 1 I I
S3iami•Ilu6da 33173
(305)279-6210
(305)279.6323 f.
❑ 400 Smth Australian Avenue
Suhe 855
Rost Palm Bkmh.I lodda 33401
(561)635-W52
(561)835-0076 La
s
SUMMARY OF BID PROPOSALS RECEIVED
yl!! BID OPENING: I I-Sep-97
FOR: Prepared by Calvin,Giordano,&Assodatey Inc
I NORTHWEST SIDEWALK AND LANDCAPE IMPROVEMENTS
4:00:00:00 PM I hereby certify that the following is
LOCATION: CGA Project No.97-1724 a true summ
City of Dania,City 11,11 ary of the bids received.
OWNER: City of Dania,City Hall
signature: �--•— •J r ,1
date: 9 115/9y
CONTRACTOR Homestead Concrete
United Underground Stnw-Tech Enginecing Middleburg His.,OH Fort Lauderdale,FL ME F Conswnion,Inc.
UNIT TOTAL Pompano Beach,FL Coral Springs,FL
DESCRIPTION UNIT TOTAL UNIT
QTY UNIT PRICE AMOUNT PRICE TOTAL UNIT TOTAL
1 Mobilvation&Demobilization 1 AMOUNT PRICE AMOUNT LS $ 8,000.00 $ 8,000.00 S PRICF. AMOUNT
2 Removal ofezisting sidwalk 27000 SF S 17,000.00 S 17,000.00 S 25,466.00 S 25,466.00
3 Installation ofUni Eco-Stone 3..85 S 9,260.00 $ 2.65 $ 71,550.00 $ $5,000.00 $5,000.00
7600 SF $ 3.R5 $ 29,260.00 $ 3.50 $ 94,500.00 $ 2.50 $67,500.00
4 Coru0uction of asphalt driveways 3200 4.80 S 36,480.00 E 3.00 S 22,800.00 $
SF S 2.40 $ 7,680.00 S 5.00 S38,000.00
5 Patching&seal mating driveways 7400 3.50 S 11,200.00 $ 3.00 $SF S 0.90 $ 6,660.00 S 9,600.00 S 4.00 $12,800.00
6 Swale area..&Argentine Bahia sod 28500 $P 1.50 S 11,100.00 S 2.70 $ 19,980.00 $
S 0.50 S 14,250.00 $ 2.50 $18,500.00
7 Installation oflive Oak Trees 50 EACH S 0.58 S 16,530.00 S 0.50 $ 14,250.00 $
8 Maintenance&uaQic condition. 300.00 $ I2,800.00 S 285.00 S 14,250.00 S 2.00 ---
conditions LS $ 2,800.00 $ 2,R00.00 S 200.00 S 10,000.00 S 600.00 $30,000.00
9 Testing&laboratory services IIS 3,070.00 S 3,070.00 S 10,000.00 $ 10,000.00 S 5,000.00 $ 5,000.00
10 Pertomunce&Payment Bond $ 5,000.00 $ 5,000.00 $ 5,000.00 S 5,000.00 $ 5,000.00 S 5,000.00 $ 51000.00Go $ 5,000.00
1 IS $ 1,100.00 $ 1,100.00 $
TOTAL AMOUNT: 3,800.00 S 3,800.00 S 5,289.00 S 5,289.00 S 5,000,00 S 5,000.00
(Items 1 through 10) LOW BID $ 108,650.00
$ 189,980.00 $216,885.00 HIGH BID
AMOUNT OF PROPOSAL GUARANTEE $243,800.00
5°roof Bid 5°/.of Bid
5°h of Bid 5°h of Bid
COMMENTS
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Calvin. Giordano g Associates. Inc.
Engineers Surveyors Planners
September 17, 1997
Earnestine Tai, Compliance Officer
BROWARD COUNTY COMMUNITY DEVELOPMENT DIVISION
201 South Andrews Avenue, Second Floor
Fort Lauderdale, FL 33301-1831
Re: Northwest Sidewalk and Landscape Improvements
CGA Project No. 97-1724
Dear Ms. Tai:
Please find attached the Certified Bid Tabulation for the above referenced project. Also
attached are the bid submittals. Homestead Concrete and Drainage, Inc. did not submit
form SR-4 or SR-5 as required. Therefore, the lowest responsible bidder is United
Underground Contracting Co. with a bid of$189,980.00.
Please contact this office with your findings at the earliest possible convenience.
Should you have any comments or questions, please do not hesitate to call this office at
your convenience.
Sincerely,
BERRY &&,�C�ALVIN, INC.
`°' Richard W. Saltrick, P.E.
S,°K 120 Aood�`"d Project Engineer
Holht uod.Florida 33020
(954)921- RWS/pal
(954)921-8808807 fu
p\97.1724kngtcoff'1M0917.duo
0 6401 S.W.87th A,.w
Sww III
Stimu.Honda 33173
(305)279-6210
(305)279.6323(u
0 400 South Awvalm Afro.
Suim 855
West Palm&rh.Florida 33401
(S61)835.0052
(561)835-0076 Fu
0evil Frol
Community Development Division
201 S. Andrews Avenue,2nd Floor
B*ARDCOUNTY nunN ^^^ •^ Fort Lauderdale, FL 33301
(954) 765.4910 e FAX 765-4919/765-4914
November 7, 1997
Mr. Michael Smith, City Manager
City of Dania
100 West Dania Beach Boulevard
Dania, FL 33004
SUBJ: City of Dania 22 Year Improvement
Evaluation of Contractor United Underground Contractor Corp.
Dear Mr. Smith:
Attached is a copy of the concurs response from Division of Equal Employment& Small
Business Opportunity for the above mentioned project.
After the City award the contract, please forward to Community Development Division(CDD)
copies of award resolutions for Northwest Improvement and Southwest Improvement
Phase 11.
Please give a two week notice when scheduling for a Preconstruction Meeting for the two
(2) mentioned project.
If there are any questions, please do not hesitate to call me at(954)765-4910 Ext.229 .
Sincerely
4 0,L,"4,L, l C-:-,
Eamestine Tai
Compliance Officer
cc: Richard W. Saltrick, Calvin, Giordano & Associates,Inc.
Ron Bono, Community Development Division
Brain Persaud, Community Development Division
BROWARD COUNTY BOARD OF COUNtt COMMISSIONERS—An Equal Opportunity Employer and Provider of Services
Norman Abramawih $COB I.Cowan Suzanne N.Gunzburger Ilene Lieberman Lon Nonce Parnsh Sylvia Poitler John E.Roastrom.Jr.
Wond Wlde Web:htl,.,, ww.co.broward.fl.us/planning
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DOCUMENT 00300
BID FORM
FOR FURNISHING
PROVISIONS FOR NORTHWEST SIDEWALK AND LANDSCAPE IMPROVEMENTS
A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
BID TO: City Clerk, at the City Hall Submitted:
100 West Dania Beach Boulevard
Dania, Florida 33004
The undersigned, as Bidder, hereby declares that he is acquainted with the site of
the construction as shown on the drawings and specifications and has fully
acquainted himself with the work to be done; that he has thoroughly examined the
Drawings, Specifications and all Contract Documents pertaining thereto; and has
read any and all Addenda issued prior to the opening of bids; all as designated
under the Engineer's Project Number 97-1724.
The Bidder proposes and agrees, if this proposal is accepted, to furnish all
necessary materials, tools, construction equipment, all necessary transportation and
labor to complete the construction as shown, detailed and described in the
Specifications and on the drawings.
It is understood by the Bidder that the quantities in the following quotation form are
given for the purpose of bid comparison only.
It is understood by the Bidder that all bid item amounts shall be submitted. In the
event any item is not included, rejection of the bid will be considered by the Owner.
It is further understood that certain portions of the bid section may be deleted from
the awarded contract at the Owner's discretion.
The Bidder acknowledges that included in the various items of the proposal and in
the total bid price are costs for complying with the Florida Trench Safety Act of
1990.
The Bidder agrees that, if Awarded the Contract, he will sign the Contract
Documents within seven (7) calendar days of the Notice of Award; that he will
commence the work on the date stated in the Notice to Proceed; and that he will
have the work complete for the Owner's use within ninety (90) calendar days from
said date.
8/97 00300-1 97-1724
Y
The Bidder is licensed as a General Contractor to perform the work or services
contemplated by this bid and holds License No.
8/97
00300-2
97-1724
Y
SCHEDULE OF PRICES
OWNER: CITY OF DANIA
PROJECT: PROVISIONS FOR NORTHWEST IMPROVEMENTS
A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Unit prices stipulated shall be utilized where applicable. The unit price of an item
shall be subject to reevaluation and equitable adjustment upon demand of either
party whenever the total cost of a particular unit price item amounts to 5 percent or
more of the Contract price and the variation in the quantity of that particular unit
price item performed by Contractor differs by more than 20 percent from the
estimated quantity of such item indicated in the Bid Form.
The equitable adjustment shall be based upon any increase or decrease in costs due
solely to the variation above 20 percent or below 80 percent of the estimated
quantity.
If the quantity variation is such to cause an increase in the time necessary for
completion, the Contractor may submit to the Engineer, in writing, a request for an
extension of time, within 10 days from the beginning of the delay, or within such
further period as may be granted by the Engineer before the date of Final Payment.
Upon receipt of a written request for a time extension, the Engineer shall ascertain
the facts and make an adjustment for extending the completion date as in the
opinion of the Engineer is justified.
The undersigned bidder proposes to furnish all labor, tools, materials and supplies,
and to sustain all the expense incurred in doing the work set forth below that may
be awarded through work orders by the City of Dania, Florida, through its proper
officers, and to do the same strictly in accordance with the drawings and contract
documents herein and made a part hereof, at the following unit prices, to-wit:
ITEM 1 For mobilization and demobilization of all
equipment and personnel including pre-
construction and post-construction video taping,
construction sign, and permit fees:
/Lump Sum ov
$ � n�
8/97 00300-3 97-1724
Y
ITEM 2 For removal of existing sidewalk and
construction of four-foot wide four-inch thick
concrete sidewalks as shown in the plans:
$ a l`'S /Square Foot
x 27,000 SF
ITEM 3 For installation of Uni Eco-Stone paving stones
as shown in the plans:
$ /Square Foot . ,
7,600 SF = $
ITEM 4 For construction of asphalt driveways as shown
in the plans:,
/Square Foot
ory
x 3,200 SF = $
ITEM 5 Patching and seal coating existing driveways as
shown in the plans:
$ ! ' /Square Foot
x 7,400 SF = $
ITEM 6 For regrading swale areas and installation of
Argentine Bahia sod as shown in the plans:
/Square Foot
x 28,500 SF = S ,y�a OG ��
ITEM 7 For installation of live oak trees:
/Tree
CID
50 Trees
8/97 00300-4
97-1724
a �
ITEM 8 For maintenance of safe traffic conditions
including flagmen, barricades, signs and other
devices and preparation of a Maintenance of
Traffic Plan as necessary:
/Lump Sum
Lump Sum $ =5/ b Tn, De
ITEM 9 For testing and laboratory services:
$ Five thousand dollars and no cents /Lump Sum
Lump Sum $ 5,000.00
ITEM 10 For payment of Performance Bond and Payment
Bond premiums.:
S J �dmc'�
J /Lump Sum
oa
Lump Sum $
TOTAL BID AMOUNT
(Items 1 through 10)For Bid Comparison Only01
/lam"` x `C? TGt�eeyase�
8/97 00300-5
97-1724
r
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BID FROM:
IF BIDDER is:
An Individual
By:
' (SEAL)
doing business as (individual's Name)
Business address:
Phone No,:
A Partnership
By:
(SEAL)
(Firm Name)
(General Partner)
Business address:
Phone No.:
A Corporation
By: h'l ,D,U
( orporauo Namel
a l'
By: y /i l j�L�� �i state of Inc poration)
« k Inc
e -c1 '<c
(Name of Person Authorized to Sign)
(Title) 2
Phone No.: mac/ e-
(Corporate Sean
Attest:
Business address: (Secretary)_ //' c, /c/ ?/
Phone No.:
A Joint Venture
By:
(Name)
By:
(Address)
(Name)
(Address)
(Each joint venturer must sign. The manner of signing for each individual, partnership and
corporation that is a party to the joint venture should be in the manner indicated above.)
END OF DOCUMENT
8/97 00300-6
s7-t7za
I
' - -"'-" .Jcr• uo 1DJ1 YJ(.GGT'I'I r'G
DOCUMENT 00401 DAMAGES FORM
BID BOND
BIDDER (Name and Addressl
UNITED UNDERGROUND CONTRACTOR CORP.
600 North 71st Avenue
Hollywood, Florida 33024
SURETY (Name and Address of Principal Place of Businessl
Amwest Suret)r Insurance Com an
500 West Cypress Creek Road, 7 0
Fort Lauderdale, Florida 33309
OWNER (Name and Addressl.
CITY OF DANIA
100 West Dania Beach Boulevard
Dania, Florida 33004
BID
BID DUE DATE: September 11, 1997
PROJECT(Brief Description including Location)
In general, the work includes removal of existing sidewalks, construction of new sidewalks
installation of paving stone. seal coating of existing driveways construction of driveways
regrading of swales,sodding, and planting new trees.
BOND PROJECT NO. 97-1724 - Northwest Sidewalk and Landscaping Improvements
BOND NUMBER:
DATE: (Not later than Bid Due Datel September 9, 1997
PENAL SUM: B% Bid Amount
IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subject to the
terms printed on th_ reverse side hereof, do each cause this Bid Bond to be duly executed on its
behalf by its authorized officer, agent, or representative.
BIDDER SURETY
United Underground
Contractor Co ' ) Amwest Surety Insurance Company
ISeaq
Bidder's Nam n orporat al Surety's Name and Corporate Seal
By %_ Jl//G_By
signature and Title Signature and Title
Miguel-* Carbuccia, President (Alta h Power o� Attorn,.e
Charles D. Nielson, ttorne- in-Fact
Attest. Attest: As per attached Power of Attorney
Sig to nd itIa Signature and Title
Bertha Carbuccia, Secretary
Note: (1) Above addresses are to be used forgiving required notice.
(2) Any singular reference to Bidder, Surety, Owner or other party shall be
considered plural where applicable.
Bid Bond 00401-1 97-1724
I
d
t• folder and Surely, 5• Surety waives notice of and DAMAGES®ESdc FORM
y joinUy and severally, bind based an or arisin ouany themselves, their heirs, axeeutors, admnistraters, notice of award agreed
sueeeseors and assigns to pay to Owner u B t of any time g by On Owner
issue
and
pen default of Bidder, 9 ro m writing by Owner and Bidder any difference between the total amount of award including ell that the•total time for issuing notice of
' Bddcr's bid and the total amount of the bid of The next award
Oxc d 120 dn extensions shall not in the aggregate
lowest responsible and responsive bidder as determined written consent W Bid Due Cats without Surety's
by Owner for the Work required by the Contract
Oaeuments,provided that:
t.t. If there is n0 such n S. No suit or action shall be commenced under this
and ere is no uch nm Io Owner specsible of BandMqUi pdrom to 30 calendar days after the notice of default
abandon the Pro' Paragraph 4 above Is received by Bidder and
shall a lest then Bidder and Surety Surety and in no case later than one year Stier Bid Due
pay to Owner the penal sum set forth on Data,
the face of this Bond, and
1.2. In no evem shall Bidder's and Surety's 7. Any suit or action under this Bond shall be
Obligation hereunder exceed the penal sum Any suit
in a
set forth on the fee,of this Bond. y court Of Competent jurisdiction
located in the state in which the Project is located.
Bidder
Dofdelt deliver
Bidder shall occur upon the iodate or S. Notices required hereunder shall be in writing
Bidder to deliver within the rims required 9 q
Documents (w an s r by the Bidding sent to Bidder and Sure and
Y xtenslOn thereof a red to in writing shown on the fees of this Bond. Such norespecttices dmay sbe
by Owner) the oxceuted Agreement required by the sane Bidding Documents ad arty Performance end a by Personal delivery, commercial uroveler or by
bands required g Payment United Braces Registered ar Certified Mao, forum raesipt
Documents, the Bidding Documents end Contract requested, pectage prepaid, and shell be deemd to be
3. effective upon receipt by the Party concerned.
This obligation shall be null and void if: 9. Surety shall `*use to be attached to this Bend a
3.1, Owner accepts Bidder's bid and Bidder current and affective POWer of Attorney evidencing the
dellvers wlthln the rime required by the authcfi
tY he officer,
Bidding Documents (or any extension thereof executed this tgend an behalfent of orSuretyf6loresantative who
agreed to in writing by Owner) the exseuted and deliver such Bond and bind the to execute, seal
I Agreement required by the Bidding Survey thereby.
Documents and any Performance and to' 'Mi: Bend Is intended to conform to an applicable
Payment bonds required by the Bidding :tatutory requvemcnts, Any applicable requirement of
Any appcable itawtv that has
{ J.2. All bids a®re and jected bfrom this
y Owner,or ContractDocumenis or Bond shall be deemed to be includ de herein asOmittdit sat forth
i 3.3. Owner fads to issue a notice of award to at length. If any prevision of this Bond conflicts with any
1 Bidder within the time specified in the Bidding apPlieaWs provision of this Bond conflicts with any
Documents (or any extension thereof agreed applicable prevision of any applicable statute, then the
j to Consented to by Bidder and, If applicable. Provision of said statute shell govern and the remainder
B aragrah to by Surety when «gaud by of this Bond that is
Paragraph B hereof), not in conflict therewith shalt
continue in fuB force and Meet.
4• Payment under this Bond will be due and payable
I upon default by Bidder and within 30 calendar days after 11.
1Proposal as 'bid' ao used herein includes a bed, offer
Of receipt by Bidder and within 30 Calendar days after Ppna ble.
receipt by Bidder and Surety of written notice of default
from Owner• which notice will be given with reasonable
promptness, identifying this Bond and the Project and including statement of the amount due.
I
I
Bid Bond 00401.2
97-1723
2d Wd0z:a L66T 80 'da6 66 Si66 b5 6 'CN 9NONd :oiopliuoD punol6japurl pal curl WC�!:
' EXPIRATION DATE 5-28-99 POWER NUMBER 0000739976
READCAREFULLY _
This document is printed on white paper containing the anificial watermarked logo(A' )of Amwest Surety Insurance Company(the"Company')on the front - -_
and brown security paper on the back. Only unaltered onginals of the PDA are valid. This POA may not be used in conjunction with any other PDA. No
representations or warranties regarding this PDA may be made by any person. This PDA is governed by the laws of the State of California and is only slid until
the expiration date. The Company shall not be liable on any limited PDA which is fraudulently produced,forged or otherwise distributed without the permission
of the Company. Any patty concerned about the validity of this PDA or an accompanying Company bond should call your local Amwest branch office at _
(954)776-7812
V KNOW ALL BY THESE PRESENT,that Amwest Surety Insurance Company,a Nebraska corporation(the"Company"),does herebv make.
constitute and appoint:
CIIARLES D.NIELSON AS AN EMPLOYEE OF COLLINSWORTH,ALTER NIELSON FOWLER&DOWLING $
its true and lawful Attomry-in-fact,with limited power and authority for and on behalf of the Company sur�ecute, ell affix the seal of the company _-
thereto ifs seal is required on bonds,undertakings,recognizanees,reinsurance agreement fora Miller AC of rperfo bo or other written obligations in "---
the nature thereof as;follow: ®
Bid Bonds to 00,00 ym `
Contract(Parfotimancmanee&Payment),Court,Subdivision S••3,000,000.00 `�Ay
License&Permit Bonds up to S••1,000,000,00
Miscellaneous Bondi up to S••1,000,000.00 � --
Small Business Administration Guaranteed Bonds up to S••1,250,000.00 �(N
and to bind the company thereby. This appointment is made under and by authiaYj[} e By-La e m ich are now in full force and effect.
I,the undersigned secretary of Amwest Surety Insurance Company,aNe coorr ration H BYrkRTIFY that this Power afAttomev remains in full -_
force and effect and has not been revoked and furthermore.that there ons fthe Board o fo h on this Power ofAnomey,and that the relevant
provisions of the By-Lam of the Company,are now in full force ar ct. I
DondNo.030000820-73 Signed&sealedthi9t o Se to r 97C;r�y /L / X7.
Karen G,Cohen,Secretary
♦ s • ♦ s s s s s s s ONS T O DIRECTORS s Is s s Is Is s s s s s
This PDA is signed and sealed by facsimile under d by author o t owi�Le utions adopted by the Board of Directors ofAmwest Surety Insurance _
Company at a meeting duly held on December 1975 - /• Vl-�•
RESOLVED,that the President or any a ent,in n)unc wiOYPigj(Secretwy or any Assistant Secretary,may appoint attomevs-in-fact or agents with
authority as defined or limited in the ins mar vt en dn Pat tmentta,Eac case,for and on behalf of the Company,to execute and deliver and affix the seal -?_
of the Company to bonds,undertaking , n [es, s t tp obliga sofall kinds;and said offers may remove any such attomry•in-fact or agent and -
revoke any POA previously gral Man 4
RESOLVED FURTHER that an nd,unde gni ce gYsuretyship obligation shal I be valid and bind upon the Company. -:
(i) when signed by the President o any Vi rest and and sealed(if a scat be required)by anv Secretary or Assisunt Secretary:or
(it) when signed by the President or anv Vt a dent r - or Assistant Secretary,and countersigned and sealed(if a seal be required)by a duly
authorized attomeyin•fact or age o ``��
(iii) when duly executed and sealed(if or more mtomeys-in-factor agents pursuant to and within the limits of the authority evidenced _
by the power of attorney issue ompany u suc person or persons. _
RESOLVED FURTHER that the si nature of any authorized officer and the seal of the Companv may be affixed by facsimile to any PDA or certification
thereof authorizing the execution and deli cry of any bond,undertaking,recognizance,or other suretyship obligations afthe Company;and such signature and seal when so used shall have the same force and effect as though manually affixed. _
IN WITNESS WHEREOF,Amwest Surety Insurance Company has caused these presents to be signed by its proper officers,and its corporate seal to be hereunto _
affixed this 14th day of December,1995.
John E.Savage,Pre dent Karen G.Cohen.SccreLary
State of California -
County of Los Angeles
On December 14, 1995 before me,Peggy B.Lofton Notary Public,personally appeared John E.Savage and Karen G.Cohen,personally known to me(or _
proved to me on the basis ofsausfactury evidence)to be the person(s)whose namets)is/are subscribed to the within instrument and acknowledged to me all that
hdshelthey executed the same in his/hedtheirauthorized capzcity(ies),and that by hivhedtheir signature(s) tU munullwiLlhucts.Qn(SI.o he nti u on eh
of which the oersort0 acted,executed the instrument.
s""jp111111pj""� WITNESS hand and official seal. P1=&LOFMN '
Q' 6 �` Q°: Signature (Beall laAnpMMCardy _
Tte&y7j Lofton,Notary Pu&W MYCanm.(galrrlWp0.1999
DEC.14, al
5h 1995 n` '
N
O
w
�,,�j FLeRAS d8,.• s
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a),
FLORIDA STATUTES ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
1. This swom statement is submitted tr G / h
by /V��� C / /a to eofthepubljc�entity]
tin v dual's name e�nnd title] // 1�L � �
for /� GiP/t 4'CA 4e N �rY / ��/< L L sZW
[print name of entity submi sworn statement] dti
whose business address is
el
and(if applicable)its Federal Employer Identification Number(FEIN)is
(If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement)
2. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes means a
violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision of any other state or of the United
States, including, but not limited to, any bid or contract for goods or services to be provided to any public
entity or an agency or political subdivision of any other state or of the United States and involving antitrust,
fraud,theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
3. 1 understand that"convicted"or"conviction"as defined in Paragraph 287.133(1)(b),Florida Statues means a
finding of guilt or a conviction of a public entity crime,with or without an adjudication of guilt,in any federal
or state trial court of record relating to charges brought by indictment or information after July 1, 1989,as a
result of a jury verdict,nonjury trial, or entry of a plea of guilty or nolo comendere.
4. I understand that an"affiliate" as defined in Paragraph 287.133(l)(a)Florida Statutes means:
1. A predecessor or successor of a person convicted of a public entity crime; or
2. An entity under the control of any natural person who is active in the management of the entity and who
has been convicted of a public entity crime. The term"affiliate"includes those officers,directors,executives,
partners, shareholders, employees, members, and agents who are active in the management of an affiliate.
The ownership by one person of shares constituting a controlling interest in another person, or a pooling of
equipment or income among persons when not for fair market value under an arm's length agreement,shall be
a prima facie case that one person controls another person. A person who knowingly enters into a joint
venture with a person who has been convicted of a public entity crime in Florida during the preceding 36
months shall be considered an affiliate.
5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural
person or entity organized under the laws of any state or of the United States with the legal power to enter
into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let
by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term
person' includes those officers, directors, executives, partners, shareholders, employees, members, and
agents who are active in management of an entity.
Form PUR 7068 (Rev. 06/11/92) 00402-1 97 1724
6. Based on information and belief, the statement which I have marked below is true in relation to the entity
submitting this sworn statement. [Indicate which statement applies]
Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,
ers, eholders, employees, members, or agents who are active in the management of the entity; nor
any affiliate o ntity has been charged with and convicted of a public entity crime subsequent to July 1,
1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, nor
any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1,
149.
The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, nor
any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1,
1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida,
Division of Administrative Hearings and the Final Order entered by the Hearing Officer of the State of
Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined
that it was not in the public interest to place the entity submitting this sworn statement on the convicted
vendor list. [attach a copy of the final order]
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE
PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY
AND.THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS
FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO
ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION
287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION
CONTAINED IN THIS FORM.
[signature]
Sworn to and subscribed before me this__day of
Personally known L � Cl rlk-14�
OR Produced identification Notary Public- State of
UstiC1AL i.0 1'ARY S.:AL 7 '
gcgTN,1 N CARUtiQCFCy1A
(Type of identification) cc>aslss,o>
1dY L'U�1>11550�EXP. UNE t8,1N8
(Printed typed or stamped
commissioned name of notary public)
Form PUR 7068 (Rev. 06/11/92) 00402-2 97-1724
DOCUMENT 00900
ADDENDUM NO. 1
CITY OF DANIA
PROVISIONS FOR NORTHWEST SIDEWALK & LANDSCAPE IMPROVEMENTS -
PHASE II
PROJECT NO. 97-1724
DATE: September 4, 1997
The following items are issued to add to, modify and clarify the Contract
Documents and Specifications. These items shall have full force and effect as the
Contract Forms, and cost involved shall be included in the Bid prices.
A. IN THE CONTRACT DOCUMENTS AND SPECIFICATIONS:
1. In Section 00820, REPLACE pink page 00820-2, with attached pink
page 00820-2.
END OF DOCUMENT
97-1724 00900-1
Addendum #1
y
Division at Equal Employment
and Small Business Opportunity
V Governmental Center Annex
BROWARD C9UNTY 115 S.Andrews Avenue.Room A680.Fort Lauderdale,FL 33301
EEO (954) 357.6500 • S/MBA(954)357-7800 • FAX(954)357-7817
MEMORANDUM
To: Earnestine Tai, Compliance Officer
Community Development Division
Fro J ee, Director
son
of Equal Employment & Small Business Opportunity
Subject: City of Dania 22nd Year Northwest Improvements
Date: May 29, 1997
In response to your memorandum of May 23, 1997, SDBE goals assigned to the above referenced
project are:
Minority Business Enterprises: 20%
Black Owned Enterprises- 10%
Hispanic Owned Enterprises- 10%
Women Business Enterprises: 5%
TOTAL SDBE GOALS: 25%
It is the policy ofBroward County Government to provide project plans and specifications for use
by the Broward County Minority Builders Coalition, Inc. The Builders Coalition is located at
771 NW 22nd Road, Fort Lauderdale, Florida 33311. The telephone number is(954) 792-1121.
The above assigned goals for small disadvantaged business enterprises are established upon our
examination of the scope of work and cost estimate submitted. If you have any concerns
regarding subcontracting opportunities which may be available, please feel free to contact our
office at(954) 357-7800.
cc: Sylvia Grifian
Daniel Furman
Marcia Young
Ray Lubomski
E. Pat Larkins �;
� 6 � � -
BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS:—An Equal Opportunity Employer and Provider of Services
Norman AbrampwiK SCCM I.Cowan Suzanne N.Gunzburger Ilene ueoehnan Wn Nance Pamsh Sylvia Paitler John E.ROdworn.Jr.
World Wlde Web:hffp://www.co.broward.11.us/eeo
00820-2
ELIGIBLE JOBS AVAILABILITY FORM
L �� --
(Name oEstf Prime Contractor T—
(Contract No.) (L cation)
Available
Entry-Level Jobs Maximumry Sala Level Duration of Employment
The undersigned agree to accept referrals from BETA and to interview referrals for the above-designated
positions.
(if incorporated sign here)
AMESIT
CON C OR
Secretary B
(CORPORATE SEAL)
(if not incorporated sign here)
WITNESSES: CONTRACTOR
BY
SLM:ed
A 100-1
9/16/83
n83-61.01
SR-4
i
Y.
]UNAVAILABILITY CERTIFICATION
I,
(Title)
of
(Prime Contractor)
certify that the undersign does not have any entry-level jobs available. However, should such jobs become
available during the project period,the undersigned agrees to accept referrals from BETA and to interview
referrals for the available positions.
(if incorporated sign here)
ATTEST:
CONTRACTOR
BY
Secretary
(CORPORATE SEAL)
(If not incorporated sign here)
WITNESS:
CONTRACTOR
BY
SLM:ed
A 100-I
9/16'83
483-61.01
SR-5
v
Community Development Division
�.f1 201 S.Andrews Avenue,2nd Floor
BROWAR Fort Lauderdale,FL 33301
(954) 765-4910 FAX 765 4919/765 4914
October 14, 1997 i
Mr. Richard W. Saltrick, P.E., Project Engineer o
Calvin Giordano &Associates, Inc.
2 Oakwood Boulevard, Suite 20
Hollywood, FI 33020
Subj: Bid Tabulation for Northwest improvements Phase II and
Southwest Improvements Phase II
Dear Mr. Saltrick:
Broward County Community Development Division concur with your recommendations of
Underground Contracting Co. as the lowest response responsible bidder for the
Northwest Improvement Phase II and Florida Blacktop, Inc. as the lowest response
responsible bidder for the Southwest Improvements Phase II.
Please be advised we are waiting for a response from the Office of Small Minority
Business Opportunity as to whether Underground Contracting Co. has met the required
SDBE goals. We will forward you a copy of their response upon receipt.
If there are any questions, please do not hesitate to contact me at (954)765-4910,
extension 231 or Ms. Earnestine Tai at (954)765-4910, extension 229.
Sincerer d
'71
Ron Bono,
Proje� Management Manager
iV
v
cc: Mike Smith, City Manager, City of Dania
Bram Persaud, Community Development
Earnestine Tai, Community Development
ET(a:1sw)
BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS—An Equal ORDortunity Employer and Provider of Services
Norman Abramownz Scott I.Cowan Suzanne N.Gumburger Ilene Lieberman Lon Nonce Parrish Sylvia Pother Jonn E. Rodstrom.Jr.
World Wide Web:htlp://www.co.broward.fl.us/planning
a - \
y
i
Calvin, Giordano &Associates, Inc.
Engineers Surveyors Planners
October 31, 1997
Michael Smith
City Manager
City of Dania
Re: Southwest Sidewalk and Landscape Improvements- Phase II
CGA Project No. 97-1723
Dear Mr. Smith:
Please find attached the Certified Bid Tabulation for the above referenced project. Also
attached are the bid submittals. Homestead Concrete and Drainage, Inc. did not submit
form SR-4 or SR-5 as required. Therefore, the lowest responsible bidder is Florida
Blacktop, Inc. with a bid of$70,920.00.
Please see the attached letter from the Broward County Community Development
Division agreeing that Florida Blacktop, Inc. is the lowest responsive bidder. Therefore,
this office recommends award of the above referenced project.
Sincerely,
BERRY & CALVIN, INC.
;14jt �o-
Richard W. Saltrick, P.E.
Project Manager
to:
U 2 o k,w..l&.loam SWw 120 RW S/ al
P
11.11„t..1,11unda 13020 P197-1723eenglcomllr�-Intc103 Ldoc
(954)921.7781
(954)921.8807 1'ax
6401 S.W.87th Awnuc
Suite I I I
\liami.Fk6da 1 117 3
0051 279-6210
(305)279.61231a.
Q 400 SSwth Ausvilian Amnm-
Suite 855
\feet Palm Ik-sh,Plnnda 33401
(561)855-W52
15611815-0076(at
i
I
i
r
I
I
j
, I
SUMMARY OF DID PROPOSALS RECEIVED DID OPENING: I I-Sep-97 Prepared by Calvin,Giordano,&Associates,Inc.
FOR: SOU`rHWEST SIDEWALK AND LANDCAPE IMPROVEMENTS-PHASE If 4:00:00PM I hereby certify that Um felrowing is
LOCATION: City of Dania,City Hal CGA Project No.97.1723 a we summary of the bids received.
OWNER: City of Dania
signature:
date:
CONTRACTOR Ilemcslcad COrsacte Florida Blacktop,Inc. United Wrdn nand
PI Swe-Tech Enginecing MIiF Casamulion,Inc.
MidJleburg 1lts.,OII Pompano Ikach,FL Fort Lauderdale,FI, Pompano Beach,Fl, Coral Springs,FI,
UNIT TOTAL MIT TOTAL UNIT TOTAL. UNIT TO'1'AI, UNIT TOTAL DESCRIPTION QTY (MIT PRICE, AMOUNT PRICE M101MT PRICE AMOIMT PRICE, AAIOUN'f PRICE. M10IfNl'j 1 Alobilizalion&Demobilization 1 LS S 8,000.00 S 8,000.00 58,770.00 $8,7.30.00 S 10,000.00 S 10,000.00 EI2,600.00 S 12,600.00 2 Rcmoval of existing sidwalk 57,000.00 53,000.00
H I900 SF S 2.35 S 7,525.00 S 2.70 $3,450.00 S 2.46 $ 7,L90.0U S 4.50 S 6,750.00 S 250 5J,750.00
7lrmallalion aflJni Eco-Stone 6900 SF $ 2.75 S 16,215.00 S 2.45 516,905.00 S 2.41 S 16,629.00 $ 5.00 S 39,500.00 S 2.50 E17,250.00
f 4 Constmnionofasphaltdriveways 3900 SF $ 0.90 $ 3.51000 S 0.50 f1,950.00 S 200 S 7,8U0.00 S 2.70 S 10,530.00 S 2.50 59,750,00
5 Patching&seal coatingdrivcways 4700 SF E 2,10 S 9,R70.00 T LGO
E7,520.00 S 3.50 S IG,450.110 S 7.00 S 14,10000 S 4.00 EI e,R00.00
6 Swale areas&Argentine Bahia sod 36300 SF S 0.50 S I8,150.00 S 0.55 519,96500 S 0.58 S 21,054.00 f 0.50 S 18.150.00 S 2.00 572.600.00
7 lrulallation of live Oak Trees 20 EACH S 155.00 $ 3,100.00 S I30.00 S 3,000.00 f 120;t S 2.500.00 f 200.00 S 4,000.00 S 600.00 S 12,000.00
8 Maintenance&traffic conditions I IS S 2,800.00 S 2,800,00 S 3,00000 S 3,000.00 S 3.000.00 S 3,000.00 S 4,000.00 S 4,000.00 S J,250.00 S 2,250.00
I 9 'testing&laboratory services I IS S 5,000.00 S 5,000.00 S 5,000.00 $ 5,000,00 S 5,000.00 $ 5,000.00 S 5,000.00 S 5,000.00 f 5,000.00 S 5,O00.00
f
10 Performance&Payment Bond 1 LS S 725.00 E 725.00 $ 1,400.00 S 1,400.00 S 2,175.00 S 2,175.00 S 2,365.00 S 2,36500 $ 4,000,00 S 4,000.00
TOTALAMOUNT: LOWDID S 70,895.00 $70,920.00 S 88,298.00
(Items I through 10)
5111,995.00 HIGH BID 5149,400.00
AMOUNT OF PROPOSAL GUARANTEE 5%of Bid 5%of Bid 5%of Did
SURETY 5%of Did 3%ofdid
Reliance Surety Co.
Philadelphia,PA
COMMENTS
i
(
11/20/97 17:00 IM954 9218507 Calvin, G1Ut•dano D05/01116
DOCUMENT00401 DAMAGES FORM
BID BOND
OIDDER (Name and Addressk
Florida Blacktop Inc
1280 South 12MIliae Rnad. #29
Pompano Beach Florida 33069
SURETY (Name and Address of➢dncioaf ftce of 9usinessl'
United Pacific Insurance Compauy
4 Peat: Center Plaza
Philadelphia, erway vania 1910
OWNER(Name OW Address!
CITY OF DANIA.
j 100 West Dania Beach Boulevard
Dania,Florida 33004
i BID
BID DUE DATE: September 11. 1997
PROJECT f$rfef Deswipkil indWing Lora"
ti oeneraf,the work includes removal of e*d=ha Sodew$IK9,conStrLC60n of now
Sillew8(MCS,insmlladon of paving stone, seal COatiER of existing driveways.
con soddiq,and olanti M new trees.
BOND
BOND NUM=R: -
OAT& #Voglarer man Bid JaeDate! September_ 4, 1997__
PENAL SUM: 5% of Bid Arrtourtt
IN WrTNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subject to the
terms printed on the reverse aide hereof, do each cause this Bid Bond to be duty executed on its
behalf by its authorized officer, agent, or representative.
BIDDER SURETY
Florida-Uacktop, _Inc. _ _�-(Seal) United Pacific Insuxduce Compaalseal)
BVsNaAe nd Corporate Seal Surety's Name and Corporate Seal
By By. /' /lit//J'.�Yda/1�,cJ
5ignatu an Title Signature and Tide
P. )ta y, P ident lAttach Powet of Attorney)
Charles D. Nieslon, Attornay-in-Fact
Attest: Attest.. As per attached Pover of Attorney
Signature and rt a Signature and Title
Note. (1) Above addresses are to be used for giving required notice.
(2) Any singular reference to Bidder. Surety, Owner or other party shall be
considered plural where applicable.
Bid Bond 00401-1 97-1723
1,110-20-1997 17:50 954 921eeO7 P.03
11/21 17:00 '2954 9218807 Ch1TLu, Glordtuta 2004/006
lit ,
9 , DAMAGES FORM
y{ ' 5. Swaty wshyae aeoce of and any and ea dafervi
.. I 1, Bidder and .Safety. jobady and sei bind btaea on air reig out of any time extension to ;two
^ mamsehwa, toot hats, exscrrtas, adlanuaaars. notice of award agreed to in writing by Owner and
y akodar• provided that the total Time far imi g notice of
su"ve,pars and assipm to Pay to Ohrner upon default of
award including
Bidder ary differa em batwaen rim toil amount of axtansione ndtaB tot inthe aggregate� lidde.vi bid and me teat anwartt of the hid of the next etcaed 120 days from Bid Due Date without Surety's
Il lowi mapahaible and responsive bidder as deals I food whiten consent.
by Owaer for the Was,requiel by the CMMCt
Doaumada,bterided thm: 6. Ni suit a action atoll a commenced undo tote
Bend r to 20 calendar days Sher the notice of dstaWt
p 1.1. if TFhere b m such mad WwasL reavo wit required
I
{, and empragwa bidder. and Dairen ue
dens nee Survey
M paragraph I thaw it ofnui yca by Bidder and
C abarrdave to Prajeet, dreh Bidder and somy SursH and Yin no eaaa late than one ydr ofw Bid Our
sbsB pay to owner tfta latest%an sat forth to Dote.
the fees of this Bad,and 7. Any sue or radon under this Bond shag be1.2. in no went a1sa1 Binder's and Surety's seramencad only in a court of aompaient jurisdiction
l abBpsdat harvest" exead the penal aim located in the SW in which the Project is locates.
set forth on the foes of this Bernd.
{ 2. tWouk of Bidder " occur upon the failure of t. No6as required heretrrder stag be it w+An i and
Jl gild"to deWd,within the time required DN one Bidding sent to Bidder and Sudety at their respective addrini.
Dominance for arty emission thereof agreed to in wrong lens
on the fans of this Bad. Such nadirs may be
by OweM me remained Agreement roqund by the lens by Personal del"netY, commercial "sitar or by
Wild" Documents sod sm performance and payment United Saes ne94ar8d Or CtrOW MOO. ream recast
bade required by the Belding Orvumets and Camelot requested.postage prepaid. and dials be deemed to he
Heeumatla. 4nwdw upon reeelpt by the Davy Concerned.
9. The aftertion"be cult and void oh 9. Scary shall muse to b attached to this Bond a
Al. Owner sompus Bidder's bid and Bidder currant and elived Power of Attorney widandhy ins
deBvas wlthin thr tone required by " audli of the rffker, agent or rcl rsasntatiw who
Wwaiinp Documents ter any a,I I ai*"ad saraRad this Band W beban of Surety to ehaeeum, sew
agreed to in writing by Owner)the maruted and c ivar each Bond and bind The Surety thrriati
Agccrosni ream by the Bidding 10. Tina Bond is ilhmthded W conform to all appliubte
Oates bonds
any psry ale I and "showy mm*ments. Any apmlieataa requiwnbm et
Docu"w bands motioned by the 81dd:n9 am apoF=blo sawn tact has been ombred from this
AD bi are,Weand redbyCamara" mini anec.w Bond shelf be darned to be included hersin as i set tent,
3.Z. AD hide are rsjo ids a Owner,a et Magi if tow provision of thief Bend conlCelC whh any
3.3. Owner his to bade a notice eF avert W
� Brides within the time spnthdlM0 in the Eiddig applicable pev4ien or this Bond CadfNt! with any
taeadm WM (a am extension lberanf egret applicable, Mohrolon at army applicable steu r". doer, the
to in vrrlfitg by Biller and. it appliable, pnav{tott of said statute dtsa govern and hM rsmsiandae
caterhted to by Beets' when required by of did Bad that is net in covi ict therewith shall
Weagmath 5 haraotl. "seine in full fares and effect.
4. Paymerht Under this Bond wil be due and pay" if.
'ins atn'biJ' ee halal hetesa v dudes s bid,o91st
upon default.by Bidder end within 30 caterda days alter or pr000wl so applia6N•
receipt by Bidder turd wdthln 30 calarde days shot
receipt by Bidder and Surety of uniform notice of dstw$
from Owner. hdddh noon wit the given with resionabte
prompehses, bkmBli+p this Band and the Project ad
melding a statamaM of the stnmmt atoo.
I
Bid Bond 00401-2 97-1723
NOV-20-1997 17:50 954 921e807 P.04
11/20/97 17:01 25954 9218807 Calvin, Glartlnnn
z005/006
1�Pt`.ac,`y •••• � 7L�YW V3411.�V4IIAa.�K.z
MANGE COhe L-fy P-Z"'NCS M. nCIIAL MDE.III II-Y COMPANY
Aq&was—..wA-.m cFRM P}ULACIMPHIA.PcV4risnyAm
POWER OF AT ORNEY
MCW ALL MM Hy THE�0t PRPSMM,Met Rk'IMM SURfda(COMPANY w a ointelsdaa drily god1 the lam b,Ibe Slav of Oel.
Of ahaa.Ca�..w.t an AE7.IAN�INSURANCE COMPANY Rod UraTE7 PA=RG CaSUMANCI COMPANY.Am caasnapam daily avosrdad aad 4 1hR(A..R
Of SWA of .AUA At PmvraytrariR Red Met RESIANCS HAT MWL IPWEWUYY COIAPANY a R oefNMReiora it ar A,tho Jana
. averiwte vd aaeoiaR 01
M� "��Y caUd 'Cr C+bex:a"I Rnd Mor tlr canfai--b virmp sl iWaoar AMaa1s do ahuafty make.
we Red law/W A J.hiiaan.CUNRs C.Niw.w.MARY G Aae.rr,yYanrr Aa.NW.Laom tw Boer_ al AGaRri LaeRa, Re"
the
= +,&tees el aw aFdAa•FRct m make, esACe,sad And dew far and an Ihai behalf,wad An their=and dad Arty and aY Ueda,.and
d&ina rtafgr And te hid the rrldngo M4300 Rry is Uw no" Memal w Ca.ANare•a thereby sa ftdlY rrd to the aaar.e aarrra es U aYeh bards and wd.rtaW pt and oiler
alriera.ad haeRby redRea as signed by An Eaaaadva 01Rcw of dr CMMV' a And.wad AM edaated by ae edrw 91 wid,
end confi ma AM llea Uwir aid Adomaylel+n-Feet awry des in ptaearrp hnaaR
11ELGNC Ut5[fq NAeat�nOmn' fa arwARd edr and by fM aaacharfaY at ArddA VR el ON Anl-Rr.a a! A>:"ANCs SUA al—i ! 4.'MPANY.
prayiaianR an mw in Irut LUfism ANY. UW= PACRC *=FLANCE COMPANY. and frt_;AN= NATiCNAL WCF.WdRY a re = Any.
•nd etf"Z.ryAiam Y(advw>:
• Aar4".l W&150=11a.f er esaaeAea NwNrllalim
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a..cr +AAeawrAr w..r.r..w+hn.r...w..as..e«..�raw rw
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bAi,ii' =.rR..A t".r alb w.A.r.ear W er.....e.rd t.b..n..C�w tv r Cn.r.e.r r r ARRARn 9,reRA p w rr.&lr.r...r rsw..r
oe....�rw a..ANbR...r RrARr.Aa.e C+RARAr wY ai.RCwra Awa er Y.aai6>•RA,
.�ti••..t.a....0AarwrRaaaraaarar ar.Y.. aOR,rlaawrb.ier RRO"R . P"..rAR....r.wrwwA.t w.Aarr...rti
.�~~•�'�b Nlir4ibr.�r��.IM.1+•YRR•aYM..Mwai.iV MawRaw..w.r.r.ww."w�anN�Raa�rwWaq swlYar
�S YMEiEOP. ttw CalSaIIIIIiss how i�xiaaod these P(saaa4 to be Signed red Uair raapafWA aaAid to ha homb affixed.dis Meta 1X
��" � n�Ar(�N��>Naawlrz��u'�tY
r» A n°•
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COuNTY OF PliiwepNA )
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P eair4rA a +5. 1296 ENM er.Taamry Sea Xw"d,pimandily aPPArRd f3-w-..A7aN.who~tale",
Rafunaa NRdonw y A SWaN !d0ad(ri ow to he Wo Senior vim
waae t;atpwgq end aa. Ya Pr®idana a( Aaieca IemcwceA CVripa ry. Una~ Pat{rRe'tamnowas
eanaaitaW by Alw"ttr �e'awW Arid NAIR Of luck bind Ramndaad to do ao. aaRCad dr fwaaoir9 ieamnnru far ran wbota t.M tad
of she corpwadon by titaalf as m duty ARrtngcAd adRaa. _ 6wPeaa Nam
In avinaeaR rdrnel.I law"Unto eat am hand and alladd 004 �� f
_ NOrUNAL IM&
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Residnq as P!d—"ctsa
9EU NC--Nx.'TONAL
193 al A$LLtN4E SUIMMY C:MPAW, ASLLWCE RISURAN=;C--DAPANY. UMW TAC7�1C INOUAA14M C:.NPANY.ud
"TONAL IN.1.
aa.Nad yy said C•xmdwda�1Y COMPANY A hwebv eancfy tnN:he Ahew one;as ACoil d;a a brye and easier CAW at the Par..t of Affonnn,
"hick i1 ati in Ial coma one dlAet.
'vITNE=S'M'IE•3ECF.I ha.a h"Arn"'Res my hues And atSxed the feia of and L-mnanin cIb 4 AaY a1 3e eamb®r(/1q97
fm
r.Y-. s �� ~' I' ✓tea./,q
NOU-20-1997 17:51 954 921BBO7 P.05
I
A=m
The Information Management Company
6954 N.W. 12 STREET, MIAMI. FLORIDA 33126
305-477-9149 • 800-287-4799 • FAX 305-477-7526
us.
I .I . P. REVIO .
hoin
a ptocopy
condition
FC 017
1
Calvin, Giordano g Associates, Inc.
Engineers Surveyors Planners
September 17, 1997
Earnestine Tai, Compliance Officer
BROWARD COUNTY COMMUNITY DEVELOPMENT DIVISION
201 South Andrews Avenue, Second Floor
Fort Lauderdale, FL 33301-1831
Re: Southwest Sidewalk and Landscape Improvements - Phase II
CGA Project No. 97-1723
Dear Ms. Tai:
Please find attached the Certified Bid Tabulation for the above referenced project. Alse
attached are the bid submittals. Homestead Concrete and Drainage. Inc did not nubuu.
form SR-4 or SR-5 as required. Therefore, the lowest responsible bidder is Florid(:
Blacktop, Inc. with a bid of$70,920.00.
Please contact this office with your findings at the earliest possible convenience.
Sincerely,
BERRY& CAL�+VIN, INC.
Je
Richard W. Saltrick, P.E.
Project Engineer
1o: RWS/pal
O 2Oakwood BoWcmd p(97.1723WIgtcon1tr121ws0917.dw
SLdW 120
Hd w W,Flarida 33020
(954)921.7781
(954)921.8807 fa
0 6401 S.W.87th At w
Sere I I I
Nia..L Florida 33173
(305)279-6210
(305)279-6323 fax
Q 400 South Aumalian As"w
Suite 855
War Nm Bexh,Florida 33401
(561)835.00S2
(S61)835.0076fa -
I COASTAL SYSTEMS INTERNATIONAL, INC.
f464 South Dixie Highway • Coral Gables, Florida 33146
Tel:305/661.3655 • Fax:305/661.1914
SYSTEMS LETTER OF TRANSMITTAL
INTERNATIONAL
i
COMM: 24031 DATE: November 12, 1997
TO: City of Dania ATTN: Charlene Salta La
Macchia
RE: DANL4 CUT-OFF CANAL MAINTENANCE FROM: Kevin M. McCabe
DREDGING PROJECT
WE ARE SENDING YOU:
x Attached Via Fedex
❑ Under separate cover
Plans ❑ Prints ❑Permit Sketches ❑ Diskette
❑ Change Order ❑Copy of Letter Specifications 0 Other
capies ciescription Original Leiter from Subaqueous Services with Original Bonds And Certificate of
Insurance
THESE ARE TR-�NSMMED as checked below:
❑For approval ❑ As requested ❑ Approved as submitted
❑For your use ❑ Return for corrections ❑Approved as noted
❑For review&comment ❑ For bids due ❑ Other
REMARKS:
IT31\syskPROJECT24011\V,9--II-I: L,1Ch➢1,:ws�IIa UN1acdma.doc
Coastal. Environmental,Civil Engineering and Management
-Dunaqueous services Inc.
4201 Kean Road
1 Ft. Lauderdale, Florida 33314
(305) 581-2810
I
ouF
A..y
S�1�E5
November 11, 1997
Mr. Kevin McCabe
Coastal Systems International, Inc.
464 South Dixie Highway
Coral Gables, FL 33146
RE: Dania Cutoff Canal Maintenance Dredging Project
Dear Mr. McCabe:
Please find enclosed our Bonds and Certificate of Insurance as required by the bid
package for the above referenced project.
i
If you require any additional information, please do not hesitate to contact me.
Sincerely,
Victoria E. Lauteria
Contracts Administrator
vel
Enclosures
DATE RECEIVED
ROUTE: LLt�(✓1 Lf �t
FILE 07��
COASTALSYSTEMS;NTERNJ!vi .
CORAL GABLES
a _ \
® The Ohio Casualty Insurance Company
AIA Document A312
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business):
SUBAQUEOUS SERVICES , INC . THE OHIO CASUALTY INSURANCE COMPANY
4021 KEAN ROAD 136 NORTH THIRD STREET
FT. LAUDERDALE , FL 33314 HAMILTON, OHIO 45025
OWNER (Name and Address):
CITY OF DANIA
100 WEST DANIA BEACH BLVD
DANIA , FL 33004
CONSTRUCTION CONTRACT
Date:
Amount: $187 ,069 . 00
Description (Name and Location): Dania Cutoff Canal Maintenance Dredging
BOND
Date (Not earlier than Construction Contract Date):
Amount: $187 , 069 . 00
Modifications to this Bond: C� None ❑ See Page 3
CONTRACTOR AS PRINCIPAL SURETY THE OHIO CASUALTY INSURANCE COMPANY
Company: o Seal) Company: IC rporate Seal)
SUBAQUEO NC . Q—
Signature: Signature: ✓//�'` �' �'wJi��'
NameanclTitle: Owen K. Sloan , President Name and Title:
Ellen L . P . Conner , Attorney
(Any additional signatures appear on page 3) Fact
(FOR INFORMATION ONLY—Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
CYPRESS INSURANCE GROUP, INC. other party):
P . 0 . Drawer 9328
Ft . Lauderdale , FL 33310-9328
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND •DECEMBER 1964 ED. •AIA.3
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE...N.W.,WASHINGTON. D.C. :BOBB A312.1984 1
THIRD PRINTING •MARCH 1987
S-4149d
a
i
I The Contractor and the Surety, jointly and severally, which It may be liable to the Owner and, as
bind themselves, their heirs, executors, administrators, soon as practicable atter the amount is deter.
successors and assigns to the Owner for the perrormance mined, tender payment therefor to the
of the Construction Contract,which Is incorporated herein Owner; or
by reference.
2 If the Contractor performs the Construction Contract, •2 Deny liability m whole or in part and notify the
Owner dung reasons therefor.
the Surety and the Contractor shall have no obligation
under this Bond, except to participate in conferences as 5 If the Surety does not proceed as provided in Paragraph
provided in Subparagraph 3.1. 4 with reasonable promptness, the Surety shall be deemed
3 If there is no Owner Default. the Surety's obliga to be in default on this Bond fifteen days after receipt of an
tion additional written notice from the Owner to the Surety
under this Bond shall arise after: demanding that the Surety perform its obligations under
3.1 The Owner has notified the Contractor and the this Bond, and the Owner shall be entitled to enforce any
Surety at its address described in Paragraph 10 below remedy available to the Owner. If the Surety proceeds as
that the Owner is considering declaring a Contractor provided in Subparagraph 4.4, and the Owner refuses the
Default and has requested and attempted to arrange a payment tendered or the Surety has denied liability, in
conference with the Contractor and the Surety to be whole or in part,without further notice the Owner shall be
held not later than fifteen days after receipt of such entitled to enforce any remedy available to the Owner.
notice to discuss methods of performing the Construc- 6 After the Owner has terminated the Contractor's right
tion Contract. If the Owner, the Contractor and the to complete the Construction Contract, and if the Surety
Surety agree, the Contractor shall be allowed a reason- elects to act under Subparagraph 4.1, 4.2, or 4.3 above,
able time to perform the Construction Contract, but then the responsibilities of the Surety to the Owner shall
such an agreement shall not waive the Owner's right, if not be greater than those of the Contractor under the
any, subsequently to declare a Contractor Default; and Construction Contract, and the responsibilities of the
3.2 The Owner has declared a Contractor Default and Owner to the Surety shall not be greater than those of the
formally terminated the Contractor's right to complete Owner under the Construction Contract.To the limit of the
the contract. Such Contractor Default shall not be de- amount of this Bond, but subject to commitment by the
clared earlier than twenty days after the Contractor and Owner of the Balance of the Contract Price to mitigation of
the Surety have received notice as provided in Sub- costs and damages on the Construction Contract,the Sure.
paragraph 3.1; and ty is obligated without duplication for:
3.3 The Owner has agreed to pay the Balance of the 6.1 The responsibilities of the Contractor for correc-
Contract Price to the Surety in accordance with the tion of detective work and completion of the Construc.
terms of the Construction Contract or to a contractor tion Contract;
selected to perform the Construction Contract inaccor. 6.2 Additional legal, design professional and delay
dance with the terms of the contract with the Owner. costs resulting from the Contractor's Default, and re'.
4 When the Owner has satisfied the conditions of Para- suiting from the actions or failure to act of the Surety
graph 3, the Surety shall promptly and at the Surety's ex- under Paragraph 4; and
pense take one of the following actions: 6.3 Liquidated damages, or if no liquidated damages
4.1 Arrange for the Contractor, with consent of the are specified in the Construction Contract,actual dam.
Owner, to perform and complete the Construction ages caused by delayed performance or non-perfor-
Contract; or mance of the Contractor.
4.2 Undertake to perform and complete the Construc- 7 The Surety shall not be liable to the Owner or others for
tion Contract itself, through its agents or through inde- obligations of the Contractor that are unrelated to the Con.
pendent contractors; or struction Contract, and the Balance of the Contract Price
shall not be reduced or set off on account of any such
4.3 Obtain bids or negotiated proposals from unrelated obligations. No right of action shall accrue on
qualified contractors acceptable to the Owner for a this Bond to any person or entity other than the Owner or
contract for performance and completion of the Con- its heirs, executors, administrators or successors.
struction Contract, arrange for a contract to be pre-
pared for execution by the Owner and the contractor 8 The Surety hereby waives notice of any change,includ-
selected with the Owner's concurrence, to be secured ing changes of time, to the Construction Contract or to
with performance and payment bonds executed by a related subcontracts, purchase orders and other obliga-
qualified surety equivalent to the bonds issued on the tions.
Construction Contract, and pay to the Owner the 9 Any proceeding, legal or equitable, under this Bond
amount of damages as described in Paragraph b in ex- may be instituted in any court of competent jurisdiction in
cess of the Balance of the Contract Price incurred by the the location in which the work orpart of the work is located
Owner resulting from the Contractor's default; or and shall be instituted within two years after Contractor
4.4 Waive its right to perform and complete, arrange Default or within Two years after the Contractor ceased
for completion, or obtain a new contractor and with working or within two years after the Surety refuses or fails
reasonable promptness under the circumstances: to perform its obligations under this Bond, whichever oc-
curs first.
ions
.1 After investigation, determine the amount for p oh bitedlby the
w thesminimumhis pe period ofParaaph limitation avail-
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED. •AIA S
THE AMERICAN INSTITUTE OF ARCHITECT5. 1735 NEW YORK AVE..N.W.,WASHINDTON. D.C. 21OX6
THIRD PRINTING •MARCH 1987 A312.1984 2
Y
I '
I
able to sureties as a defense in the jurisdiction of the suit tractor of any amounts received or to be received by
shall be applicable. the Owner in settlement of insurance or other claims
10 Notice to the Surety,the Owner or the Contractor shall for damages to which the Contractor is entitled, re-
be mailed or delivered to the address shown on the sig. duced by all valid and proper payments made to or on
nature page. behalf of the Contractor under the Construction Con.
11 When this Bond has been furnished to comply with a tract.
statutory or other legal requirement in the location where 12.2 Construction Contract:The agreement between
the construction was to be performed,any provision in this the Owner and the Contractor identified on the sig-
Bond conflicting with said statutory or legal requirement nature page, including all Contract Documents and
shall be deemed deleted herefrom and provisions con- changes thereto.
forming to such statutory or other legal requirement shall 12.3 Contractor Default: Failure of the Contractor.
be deemed incorporated herein. The intent is that this which has neither been remedied nor waived, to per.
, Bond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms of the
common law bond. Construction Contract,
12 DEFINITIONS 12.4 Owner Default: Failure of the Owner,which has
12.1 Balance of the Contract Price: The total amount neither been remedied nor waived, to pay the Con-
payable by the Owner to the Contractor under the tractor as required by the Construction Contract or to
Construction Contract after all proper adjustments perform and complete or comply with the other terms
have been made, including allowance to the Con- thereof.
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL NOT APPLICABLE
SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address: Address:
AIA DOCUMENT A312 • PERFORMANCE BONO AND PAYMENT BOND • DECE.MBER :984 ED. • AIA 4
THE AAIERICAN INSTITUTE OF ARCHITECTS, 1715 NEW YORK AVE.. N.W., WASHINGTON. D.C. .1 A312.1BB4 3
THIRD PRINTING • MARCH 1987
t �
t,.
® The Ohio Casualty Insurance Company
P y
AIA Document A312
Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and address): SURETY (Name and Principal Place of Business):
SUBAQUEOUS SERVICES , INC . THE OHIO CASUALTY INSURANCE COMPANY
4201 KEAN ROAD 136 NORTH THIRD STREET
FT. LAUDERDALE , FL 33314 HAMILTON, OHIO 45025
OWNER (Name and Addressc
CITY OF DANIA
100 WEST DANIA BEACH BLVD
DANIA, FL 33004
CONSTRUCTION CONTRACT
Date:
Amount: $187,069 . 00
Description (Name andLocation): Dania Cutoff Canal Maintenance Dredging
BOND
Date (Not earlier than Construction Contract Date):
Amount: $187 ,069 . 00
Modifications to this Bond:
CX None p See Page 6
CONTRACTOR AS PRINCIPAL SURETY THE OHIO CASUALTY INSURANCE COMPANY
Company: Cor Seal) Company:
UUBAQUEOUS SE (Corporate Seal)
Signature! ��
Name and Title:s Signature: e:itl �7t�t�vL_
Owen K. Sloan , President Name an T Ellen L . P. Conner, Attorney in Fact
(Any additional signatures appear on page 6)
(FOR INFORMATION ONLY—,Name, Address and Telephone)
AGENT or BROKER:
OWNER'S REPRESENTATIVE (Architect, Engineer or
CYPRESS INSURANCE GROUP , INC . other party):
P. 0. Drawer 9328
Ft . Lauderdale , FL 33310-9328
AIA DOCUMENT A312•PERFCRMANCE 30NO AND PAYMENT BOND•DECEMBER 1984 ED. •AIA S
THE AMERICAN INSTITUTE OF 1RCHITEC75. 7735 NEW YORK AVE.. N.W.,WASHINGTON. D.C. 20006
THIRD PRINTING •MARCH 1987 A312.1984 4
+� S-4149d
i
1 The Contractor and the Surety, jointly and severally, 6 When the Claimant has satisfied the conditions of
bind themselves, their heirs, executors, administrators, Paragraph 4, the Surety shall promptly and at the
successors and assigns to the Owner to pay for labor, Surety's expense take the following actions:
materials and equipment furnished for use in the perfor-
mance of the Construction Contract, which is incorpo- 6.1 Send an answer to the Claimant, with a copy to
rated herein by reference. the Owner, within 45 days after receipt of the claim,
stating the amounts that are undisputed and the basis
2 With respect to the Owner, this obligation shall be for challenging any amounts that are disputed.
null and void if the Contractor: 6.2 Pay or arrange for payment of any undisputed
2.1 Promptly makes payment,directly or indirectly, amounts.
for all sums due Claimants, and
t exceed
2.2 Defends, indemnifies and holds harmless the amount of this B ndaandthe atmount ion of thshall e Bond shallthe be
Owner from claims, demands, liens or suits by any credited for any payments made in good faith by the Surety.
person or entity whose claim, demand, lien or suit is
for the payment for labor, materials or equipment fur- 8 Amounts owed by the Owner to the Contractor under
nished for use in the performance of the Construction the Construction Contract shall be used for the perfor.
Contract, provided the Owner has promptly notified mance of the Construction Contract and to satisfy claims,the Contractor and the Surety (at the address if any, under any Construction Performance Bond. By described in Paragraph 12) of any claims, demands, the Contractor furnishing and the Owner accepting this
liens or suits and tendered defense of such claims, Bond, they agree that all funds earned by the Contractor
demands, liens or suits to the Contractor and the in the performance of the Construction Contract are
Surety, and provided there is no Owner Default. dedicated to satisfy obligations of the Contractor and
the Surety under this Bond, subject to the Owner's prior-
3 With respect to Claimants, this obligation shall be
null and void if the Contractor promptly makes pay- ty to use the funds for the completion of the work.
ment, directly or indirectly, for all sums due. 9 The Surety shall not be liable to the Owner, Claimants
4 The Surety shall have no obligation to Claimants or others for obligations of the Contractor that are unrelat-
under this Bond until: ed to the Construction Contract. The Owner shall not be
aim-
4.1 Claimants who are employed by or have a direct antunder le for payment
is Bond,end shall have Costs under this Bond noenses of any lobli-
contract with the Contractor have given notice to the gations to make payments to, give notices on behalf of,or
Surety(at the address described in Paragraph 12)and otherwise have obligations to Claimants under this Bond.
sent a copy, or notice thereof, to the Owner, stating
that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 10 The Surety hereby waives notice of any change,
including changes of time, to the Construction Contract
4.2 Claimants who do not have a direct contract or to related subcontracts, purchase orders and other
with the Contractor: obligations.
.1 Have furnished written notice to the Con- 11 No suit or action shall be commenced by a Claimant
tractor and sent a copy, or notice thereof, to under this Bond other than in a court of competent juris-
the Owner, within 90 days after having last diction in the location in which the work or part of the
performed labor or last furnished materials or work is located or after the expiration of one year from the
equipment included in the claim stating,with date(1)on which the Claimant gave the notice required by
substantial accuracy,the amount of the claim Subparagraph 4.1 or Clause 4.2.3, or (2)on which the last
and the name of the party to whom the labor or service was performed by anyone or the last mate.
materials were furnished or supplied or for rials or equipment were furnished by anyone under the Con-
whom the labor was done or performed;and struction Contract, whichever of(1)or(2)first occurs. If the
2 Have either received a rejection in whole or provisions of this Paragraph are void or prohibited by law
io ,
n part from the Contractor, io not received the minimum period of limitation available to sureties as a
defense in the jurisdiction of the suit shall be applicable.
within 30 days of furnishing the above no-
tice any communication from the Contractor
by which the Contractor has indicated the 12Notice to the Surety, the Owner or the Contractor
claim will be paid directly or indirectly;and shall be mailed or delivered to the address shown on the
signature page. Actual receipt of notice by Surety, the
.3 Not having been paid within the above 30 Owner or the Contractor, however accomplished, shall
days, have sent a written notice to the Surety be sufficient compliance as of the date received at the
(at the address described in Paragraph 12)and address shown on the signature page.
sent a copy, or notice thereof, to the Owner,
stating that a claim is being made under this 13 When this Bond has been furnished to comply with a
Bond and enclosing a copy of the previous statutory or other legal requirement in the location where
written notice furnished to the Contractor, the construction was to be performed,any provision in this
Bond conflicting with said statutory or legal requirement
5 If a notice required by Paragraph 4 is given by the shall be deemed deleted herefrom and provisions con-
Owner to the Contractor or to the Surety, that is Suffi- forming to such statutory or other legal requirement shall
cient compliance. be deemed incorporated herein The intent is that this
AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED •AIA4
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK A1'E.N W.WASHINGTON,OC 20006
THIRD PRINTING •MARCH 1987 A312.1984 5
a �
Bond shall be construed as a statutory band and not as a Construction Contract, architectural and engineering
common law bond. services required for performance of the work of the
14 Upon request by any person or entity appearing to be a Contractor and the Contractor's subcontractors, and
potential beneficiary of this Bond, the Contractor shall all other items for which a mechanic's lien may be
promptly furnish a copy of this Bond or shall permit a copy asserted in the jurisdiction where the labor, materials
to be made. or equipment were furnished.
15 DEFINITIONS 15.2 Construction Contract:The agreement between
the Owner and the Contractor identified on the sig-
15.1 Claimant: An individual or entity having a direct nature page, including all Contract Documents and
contractwith the Contractor orwith a subcontractor of changes thereto.
the Contractor to furnish labor, materials or equip- 15.3 Owner Default: Failure of the Owner,which has
ment for use in the performance of the Contract.The neither been remedied nor waived, to pay the Con-
intent of this Bond shall be to include without limita- tractor as required by the Construction Contract or to
tion in the terms"labor, materials or equipment"that perform and complete or comply with the other terms
part of water, gas, power, light, heat, oil, gasoline, thereof.
telephone service or rental equipment used in the
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL NOT APPLICAgk5En,
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address: Address:
i
AIA DOCUMENT A312• PERFORMA%CE BOND AND PAYMENT BOND •DECEMBER 1984 ED. •AIA S
THE AMERICAN INSTITUTE OF ARCHITECTS, 1715 NEW YORK AVE.. N.W., WASHINGTON. D.C. ?BBefi A312.1984 B
THIRD PRINTING• MARCH 1987
1
CERTIFIED COPY OF POWER OF ATTORNEY
THE OHIO CASUALTY INSURANCE COMPANY
HAMILTON, OHIO
No 32-665
Know All Men by These Presents: That THE OHIO CASUALTY INSURANCE COMPANY, in pursuance of authority graved by Article V1.
Section 7 of he Bylaws ofsaid Company,does hereby nominate,constitute and appoint:Roger G. Bond or Ellen L. P. Conner or FL Lauderdale.
Florida its true and lawful agent(s)and atromey(s)-in•fac4 to make,execute,seal and deliver for and on its behalf as surety, and u its act and deed any
y and al
BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance SIX MILLION
however,any bond(s)or undenaking(s)guaranteeing the payment of notes and interest thcmon (56,000,and 00) DOLLARS,
And the execution of such bonds or undertakings in pursuance of these presents shall be as binding upon said Company, as fully and amply, to all intents and
Purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Hamilton.Ohio, in their own proper
persons.
The authority granted hereunder supersedes any previous authority heretofore granted the above named aaomey(s)-in-fact
In WITNESS WHEREOF,the undersigned officer of the said The Ohio Casualty Insurance Company has hereunto subscribed his
name and affixed the Corporate Seal of the said The Ohio Casualty Insurance Company this 15th
LLgry, day Of October, 1997.
y1
=% 4�s
a SEAL 1
•�ii�ri�t�\i�j R
• �1t!tiv/� �QUJ���
Sam Lawrence,Assistant Secretary
STATE OF OHIO,
COUNTY OF BUTLER
On this 15th day of October, 1997 before the subscriber,a Notary Public of the State of Ohio,in and for the County of Butler,duly commissioned and qualified.
came Sam Lawrence,Assistant Secretary of THE OHIO CASUALTY INSURANCE COMPANY, to me personally know to be the individual and officer described
in,and who executed the preceding he seal
and o t e priced' the execution of the same,and being by me duly sworn deposeth and saith,that he is the officer
of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and the said Corporate Seal and his signature
as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation.
Hamilton, IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal at the City of
State of Ohio,the day and year first above written.
1
Notary Public in and for County of Butler,State of Ohio
My Commission expires September 25.2002.
This power of attorney is granted under and by authority of Article Vf,Section 7 of the By-Laws of the Company,adopted by its directors on April 2, 1954,cxu=
from which read:
"Section 7.Appointment of Attome -in-F "ARTICLE Vl"
shall be and is herebyv_ with y act,etc. The chairman a the board, the president,any e of igningrthe na4 the secretary or any assistant secretary
a of the Company as execute, attach the corporate sea], acknowledge andan authority deliver er any and all bonds•recognict fianor ces, stipulations, undertakings or other instrumena oP Suuretyship and
Policies of insurance to be given in favor of any individual,firm,corporation,or the official representative thereof,or to any county or state,or any official board or
boards of county or state,or the Untied States ofAmerica,or to any other political subdivision."
This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the Company on May 27, 1970:
"RESOLVED that the signature of any office of the Company authorized by Article VI Section 7 of the by-laws to appoint artomeys in fact,the signature
Of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a power of attorney and the seal of the Company may be affixed by facsimile
to any Power of au0mey or copy thereof issued on behalf of the Company. Such signanues and seal are hereby adopted by the Company as original signatures and
seal,to be valid and binding upon the Company with the same force and effect as though manually atxed."
I,the undersigned Assistant Secretary of The Ohio Casualty Insurance Company,CERTIFICATE
do hereby certify that the foregoing ower of attorne ,
by-laws of the Company and the above Resolution of its Board of Directors ate we and correct copies and are in Cull force and effect on'thiate.Article VISection 7 of the
IN WITNESS WHEREOF,I have hereunto set my hand and Ne seal of the Company this
C3E
th day of November A.D., 19 97
L�
S4300-CSG(12196)
Assistant Secretary
I
M\�Y/Lille 'd�� l E 11 IV/'11 1.. VI IIYJ1.JIl h11Y�./G ut, u.+./ue '-----•••_
11/07/97
PRODUCER 4TH CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
FERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE
YPRESS INSURANCE GROUPS O AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
. 0. DRAWER 9328COMPANIES AFFORDING COVERAGE
T. LAUDERDALE FL 33310-9
ANY A NEW YORK MARINE & GENERAL
ANY B OHIO CASUALTY DB
INSURED ubaqueous Services, IncNY C RISCORP P & C COMPANY
201 Kean Road ort Lauderdale, FL 33314NY D
NY E
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
0 POLICYEFFECTIVE POLICY EXPIRATION
TYPE OF INSURANCE POLICY NUMBER LIMITS
ATE IMM/OD/V1T DATE (MM/DON )
GENERAL UABIUTY MM017268ML597 06/24/97 06/24/98 GENEL AGGREGATE S 2 , 000 , CC,
OMMERCIALGeNERAL UABIUTY PRODUCRATS—COMP/OPAGG. S 1 ,000 , 00 )
LAIMS MADE OOCCUR. PERSONAL S ACV.INJURY S 1 000 0 0 7
OVINER'S 6 CONTRACTOR'S PROT. EACH OCOURPENCE S 1 000 O O J
FIRE DAMAGE Any one Pon S 5 0 , O O a
MED.EXP ;Anyonepemwl S 5 001
AUTOMOBILE LIABILITY BAW50355823 12/12/96 12/12/97 COMBINED SINGLE
ANY AUTO UMIT S 11000 , 003
ALL OWNEO ALTOS SOCILY INJURY
SCHEDULED AUTOS IPer penonl S
HREO AUTOS BODILY INJURY
NON—OWNEDAUTOS (Per eccidend S
GARAGE UABIUTY
0 1 PROPERTY DAMAGE
S
EXCESS LIABILITY EACHCCCURRENCE S
UMBRELLA FORM AGGREGATE S
OTHER THAN UMBRELLA FORM
WORKER'S COMPENSATION
11175 12/21/96 12/21/97 X STATUTCRYUMITS
AND EACH ACCIDENT S 1 , 000 , 000
EMPLOYERS LIABILITY DISEASE-POUCY LIMIT S 11000 , 000
DISEASE-EACH EMPLOYEE S 1 0 0 0 0 0 CI
OTHER
DESCRIPTION OF OPERATIONS/LOCATTONSNEHICLES/SPECWL ITEMS
ERTIFICATE HOLDER IS ADDITIONAL INSURED AS RESPECTS :
ROJECT-DANIA CUT OFF CANAL MAINTENANCE DREDGING
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO
CITY OF DANIA MAIL I_DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
100 W DANIA BEACH BLVD LEFT.BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
DANIA FL 33 004 LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES
AUTHORIZED REPRESENTATIVE.!.
ACORD 25•S(7/90) CACORO CORPORATION 19901
i
PROPOSAL
THE CITY OF DANIA CUT—OFF CANAL,
MAINTENANCE DREDGING PROJECT
TO THE COMMISSION OF THE CITY OF
DANIA, FLORIDA DATE: 11/3/97
SUBMITTED BY: Subaqueous Services, I-.,
ADDRESS: 4201 Kean Road
Fort Lauderdale, F', 33311
Gentlemen:
The undersigned bidder proposes to furnish all labor, tools,
material and supplies, and to sustain all the expense incurred in
doing the work set forth below that may be awarded the
undersigned by the City of Dania, Florida, through its proper
officers, and to do the same strictly in accordance with the
plans and contract documents on file in the Office of the City
Engineer of Dania, which are referred to below and made a part
hereof, at the following unit prices, to-wit:
BID
For furnishing all labor, material and equipment to
dredge ± 3100 linear feet of Canal (segments 1, 2, 3, 4 ,
and 5) to the specified depth, including mobilization
and demobilization, providing as-built surveys,
acquisition of spoil disposal site, removal of fill,
onsite testing services to perform sampling and testing
of turbidity, submittal of test reports and provide a
FDEP approved Manatee observer during all water related
work in accordance with special environmental permit
conditions, the lump sum of :�ne hundred & eighty-seven thousand,
sixty-nine Dollars and zero cents . ($187,069 .00)
i
a
9
{
t
i
{
THE BIDDER STATES THAT THIS PROPOSAL
THE
CONTRACT DOCUMENTS AND THAT HEACKNOWLEDGESETHEPON RECEIPT
OF THE FOLLOWING ADDENDUM (A) : NONE
ADDENDUM NO. ADDENDUM NO.
. ADDENDUM*NO.
*********
The City of Dania reserves the right to waive any
informality in any bid and to reject any or all bids .
The undersigned bidder proposes to execute the specified
work within the time frame specified below,
PRE-CONSTRUCTION SCHEDULING:
After the "Award of Contract" and prior to the issuance of the
"Authorization to Occupy the Site, ,, a pre-work Conference will be
held between the Contractor, City, the Engineer, utility
companies and other contractors affected by the work. Time of
this meeting is listed below, the location is to be named later.
Bids Due 11 : 00 a .m.
November 9, 1997
y Commission meeting to award contract November 25, 1997
Pre-construction meeting
December 9, 1997
Insurance Certificate from Contractor
to City naming the City of Dania and Not later than
Broward County as additional insureds November 9, 1997
Performance Bond Certificate from
Contractor to City Not later than
November 9, 1997
Contract starting time
Not later than
December 12, 1997
*Project Completion Date
120 days after the date
Of commencement
*Liquidated damages will include $500 per day from the
substantial completion date.
I ,
i
I -
I
i • •
10
y \
If a partnership, names and addresses of partners :
Sign below if not incorporated:
WITNESSES Type or Print Name of Bidder
Signature
Sign below if incorporated:
Subaqueous Services , Inc.
Type or Print Name ,,c4 Corporation
i
_
Secretary Signature and Title Pras.�.cen::
Owen K. Sloan
Type or Print Name Signed Above
Incorporated under the laws of the State of Florie..a
I1
I
ACKNOWLEDGMENT OF CONTRACTOR
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me this 3rd
day of November 19 97 by Owen K. Sloan
as
President and
respectively,
, of Subaqueous Services , Inc. a Florida
corporation, on behalf of the corporation. They re personally
known to o— m o have produce
as
identification and did/d/iddnn/ot take an oath.
Notary Public, State of Florida
Signature of Notary taking
Acknowledgment
Name of Notary Typed, Printed or Stamped
My Commission Expires:l�
Commission Number
V1,CC70RIA E.LA==Z1A
B-
NO. CC513d($
�� llm.ta
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a),
FLORMA STq S, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted to City roo of Dania
by Owen K. Sloan, Presiaentn�` ofthepubiicentirv]
[print individual's name and tide]
for Subaqueous Services Inc .
[print name of entity submitting sworn statement]
whose business addt:ss is
4201 Kean Road
Fort Lauderdale, FL 33314
and (Z applicabie) its Federal Employer Ideprificadon Number (FEIN) is 5 9-2 2 3 3 912
(If the entity has no FEIN, include the Social Securiry Number of the individual signing this sworn
staremetit:
I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida a=
s a
violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an aeency or political subdivision of any other stare or of the United
Stares, including, but not limited to, any bid or contract for goods or services to be provided to any public
endry or an agency or political subdivision of any other state or of the United Stares and involving attdrrvst,
fraud, theft, bribery, collusion, racketeering, conspiracy, or mareh misreprtaM a qn.
3. I undersand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida S=,means
a findine of guilt or a conviction of a public entity crime, with or without an adjudication.of guilt, in any
federal or state trial court of record relating to charges brought by indictment or information after July 1,
1989. as a result of a jury verdict. nonjury trial, or entry of a plea of guilty or polo coareendere.
4. I underrand that an "amliate" as defined in Paragraph 287.133(1)(a), Fion_'da Sramt 1,, means:
1. A predecessor or successor of a person convicted of a public entity crime; or
2. An entity under the control of any natural person who is active in the management of the etrtiry and who
has been convicted of a public entity crime. The term "affiliate" includes those officers, directors,
ex=tives,panniers, shareholders. emplovees, members, and agents who are active in the management of
an affiliate. The ownership by one person of shares constituting a controlling interest in another person,
or a pooling of equipment or income among persons when not for fair market'value under an arm's length
agreement, shall be a prima facie case that one person controls another person. A person who knowingly
enters into a joint venture with a person who has been convicted of a public enriry crime in Florida during
the preceding 36 months shall be considered an affiliate.
S. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Stamta, means any namral
person or entity oregaiued under the laws of any state or of the United States with the legal power to enter
into a binding contract and which bids or applies to bid on contracts for the provision of goods or services
let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The
rerm "person" includes those officers, directors, executives, partners, shareholders, employees, members,
and aeents who are active in management of an entity.
Form PUR 706E (Rev. 06111/92) 00402-1 95-1449
6. Based on information and belief, the statement which I have marked below is true in relation to the entity
submitting this sworn statement. [Indicate which stawmenr applies]
x Neither the entity submitting this swam statement, nor any of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, nor
any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
1, 1989.
The eadry submitting this swam statement, or one or more of its officers, directors, executives,
partners, shareholders, emplove-s, members, or agents who are active in the manneemeat of the entity, nor
any affiliate of the entity has been charged with and convicted of a public end y crime subsequent to July
1, 1989.
The entitYsubmitting this swam statement, or one or more of its officers, directors, executives,
parm_--s, shareholde s, :mployees, members, or agents who are active in the management of the endry, nor
any affiliate of the entity has been charged with and convicted of a public entire crime subsequent to July
1, 1989. However, titer has been a subsequent proceeding before a Hearing Office-:of the Stare of ,Florida
Division of Administrative Hearings and the Final Order entered by the Hearing Officer of the Stare a,
Florida, Division of Administrative geariags and the Final Order entered by the Hearin, Officer determined
of
that it was not in the public interest to place the entity submitting this swam statement on the convicted
vendor list. [attach a copy of the final order]
I UNDERSTAND THAT THE SUBMESION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE
PUBLIC ENTITY MEN7UieD IN PARAGRAPH 1 (ONE)ABOVE IS FOR THAT PUBLIC ENTITY ONLy
AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR yEAR IN WHICH rT
IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO
ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION
287.017, FLORIDA 514 1 U I IFS FOR CATEGORY TWO OF ANY CHANGE IN T Z1 D /QRMATION
CONTAINED IN THIS FORM. 1�
. (signature]
Swam to and subscribed beicre me this 3rd day of November 19 9 7
k
Personally known Y
OR Produced identification Notary Public •Stare of Florida
(Type of identincatioa) My commission expires 11/3 0/9 9
(Printed typed or stamped
commissioned name of notary public)
11/30/99
�.. CC:i3418
Form PUR 7068 (Rev. 06111'92) 00402-2 q$iu9
Y
DOC
UMENT 00403
TRENCH SAFETY FORM
This form must be completed and signed by the Bidder. Failure to complete this form may result in the
bid being declared non-responsive.
Bidder acknowledges that the Florida Trench Safety Act, Section 553.60 U. M., which became
effective October 1, 1990, shall be in effect during the period of construction of the project. The
Bidder, by signing and submitting the bid, assures that the Bidder will perform trench excavations in
accordance with applicable trench safety standards. The Bidder further identifies the following separate
item of cost of compliance with the applicable trench safety standards as well as the method of
compliance:
Method of Compliance
N/A
Amount: Total $
Bidder acknowledges that this amount is included in the applicable items of the Proposal and in the
Grand Total Bid Price. Failure to complete the above will result in the bid being declared non-responsive.
The Bidder is, and the Owner and Engineer are not, responsible to review and assess all safety
precautions, programs and costs, and the means, methods, techniques or technique adequacy,
reasonableness of cost, sequences and procedures of any safety precaution, including, but not limited
to, compliance with any and all requirements of Florida Statute Section 553.60 et. seq. cited as the
'Trench Safety Act". Bicder is, responsible to determine any safety or safety related standards that
apply to the project.
Witness Signature Bidder Signature
Victoria E. Lauteria Owen K. Sloan
Witness Primed Name Printed Name
Plantation, FL 33322
8041 Lakepointe Drive President
Witness Address Title
11/3/97 11/3/97
Date Date
Z97 00403-1 e6-Ia49
y
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DOCUMENT 00420
BIDDERS QUALIFICATION FORM
The undersigned guarantees the truth and accuracy of all statements and answers
herein contained.
1. How manyy years has your organization been in business as a Contractor?
20 Years
2. What is the last lroject of this nature you have completed?
See At ached List of References
3. Have you ever failed to complete work awarded to you: If so, where and
why?
No
4. Name-hree individuals or corporations for which you have performed work
and to which you refer:
See Attachment
5. List the following information concerning all contracts on hand as of the
date of submission of this proposal. (In case of co-venture, list the
information for all co-ventures).
NAME TOTAL CONTRACTED %
OF CONTRACT DATE OF COMPLETION
PROJE OWNER VALUE COMPLETION TO DATA
See Attachment
(Continue list on inset sheet, if necessary)
2/97 00420-1 95.1449
I
6. Have you personally inspected the proposed work and have you a complete
plan for its performance?
Yes
7. Will you sublet any part of this work? If so, please list subcontractors.
None selected at this time .
8. What equipment do you own that is available for the work?
John Deere 690 Excavator
Misc. Barges
Komatsu D31P Bull Dozer
fl_ What equipment will you purchase for the proposed work?
None
2197 00420-2 95.1449
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10. What equipment will you rent for the proposed work?
Barges
1• The following is given as a summary of the Financial Statement of the
undersigned: (List Assets and Liabilities and use insert sheet if necessary.)
Proprietary information. r
^)ill provide
under seperate cover if reauested.
12. State the true, exact, correct, and complete name of the partnership,
corporation or trade name under which you do business, and the address
of the place of business. (If a corporation, state the name of the President
and Secretary. If a partnership, state the name of all the partners. If a
trade name, state the names of the individuals who do business under
the trade name. It is absolutely necessary that this information be furnished.)
Owen K. Sloan, President
Victoria E. Lauteria, Subaqueous Services
Secretary Inc
Correct Name of Bidder
la) The business is a (Sale Proprietorship) (Partnership) (Corporation)
Corporation
2197
00420-3
95-1449
(b) The address of principal place of business is
4201 Kean Rnaa
Fort Lauderdale, FL 33314
(c) The names of the corporate officers, or partners, or individuals doing
business under a trade name, are as follows:
NONE
lqlzl/6-
/ Bidder
END OF DOCUMENT
2/97 0042C-4 95-1449
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SUBAQUEOUS SERVICES, INC.
PROJECTS IN PROGRESS
AS OF OCTOBER 31, 1997
i
1 rofect
ID # Owner N Contract Contract Date ° omp ete
_ Name of Project Amount of Com letion To Date
SSL-16/97 City of Hallendale SE 14th Avenue Canal Cleaning & Dredging $ 45,960.00 10/29/97 g5%
11 SSL-21/97 BCQS Limited Sand Tube Project, Leeward, Provid.
SSL-23/97 City of Lighthouse Point Maintenance Dredging of City Canals $108,375.00 11/30/97 70%
SSL-25197 South Florida Water Mngrnt Hillsboro Canal Dredging $ 93,06IR . 0 1998 0%
$ 393,069.00 1998 0%
$565,524.00
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Board of County Commissioners,Broward County Florida C 5•�?
to BROWARD COUNTY OCCUPATIONAL LICENSE TAX RENEW ON OR BEFORE
j w FORM NO FOR PERIOD OCTOBER 1, 1997 THRU SEPTEMBER 30, 1998 SEPTEMBER 30, 1998
a. 401-2801AC 25-061
PENALTIES IF PAID
J 3 2 1321 TAX R 3. Q; OCT.•10R NOV.-15%
RENEWAL El SEC it •DEC.-20% •Aner DEC.31 -25
SACKTAX
• Q 0 6/2 8/91 PENALTY •Plus Tag Collection Fee of up to S25.00
_? 0 NEW DATE BUST ESS OPENE Based on Cost of License It Paid
STATE OR COUNTY CERT/REG r M I)I- I� % T.C.FEE On or After November 30,1997
TRANSFER
L Business Location Address:
— 421 ACCOUNT NUMBER1 KEAN ROAD TOTAL 33 . 00
AVIE 33314-0000 Q-
3USINESS PHCNE 000 581-2810
�a qua SUBAQUEOUS SERVICES INC
J 0 W E N K SL0AIN
THIS LICENSE MUST BE CONSPICUOUSLY DISPLAYED 4 2 01 K E AN ROAD .
TO PUBLIC VIEW AT THE LOCATION ADDRESS ABOVE. DAVIE FL3331•L•=C UO.O••• ••••• ••
TYPE OF LICENSE TAX PAID r •.
COUNTY UNDERWATER BURNING SERVICE
3 UNITS
0 BROWARDCOUNTYREVENIlECOLLECTOR � ��� . � S�p
v 115 S.Andrews Avenue, Governmental Center Annex
FORT LAUDERDALE, FL 33301 'SEE BACK FOR TRANSFER INFORMATION PAYMENT RECEIVED AS VALIDATED ABOVE
^C00.^_OOC 0000013330U 0007003-2.90225 56 1901 0 33GJ 015L. 99 07 V8 2 29 '
%•• �p .. � T .!`�L�Z�3LYJi.
'+ 97-3454
ENG 4C, DREDGING
::31-1278 P`F99 OBOSO
SLOAN, OWEN KENNETH - QUALIFYING
SUBAQUEOUS SERVICES INC
4201 KEAN RD
DAVIE FL 33314
i EXPIRES 8/31/99 CTLN 7419
y�
DOCUMENT00401 DAMAGES FORM
— BID BONE)
t3IDDER lA1^me and A dressl:
_�R � m and Addrerr or Princ'eal Pam, lac�of 8m-'sinessl:
pwNf3t �Namc and Ad.rersl:
lx
rTY F ANIA
100 W Ivr
F G
BID DUE DATE: q
PROJECT /ariaf Desrriauon including LocariQonl: o
Dania
BOND
BOND NUMBER: t0/22 /g�
DATE: (Nat later than aid Due Date):
PENAL SUM: 5% of B i d
IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subieet to the terms
primed on the revarsa side hereof, do each cause this Bid Bond to be duly executed on its behalf by its
authorized officer, agent, or representative.
— SURETY
BIDDER
C�E'�S� j�C OHIO CASUALTy tNc CO . iSeaU
SU6.4QUEOUS , lRUY :(Seal)
Bidder's Name and
rpd a.Seal Surstv's nagre and Ca o e Seal
By:✓ / Signature and Title
Signature and —I tie IA eh power of Attorney)
Owen. S1oan , . Pr Si ent Ellen . Conner , Attorney in Fac
/ / C� 1 Attesr 1 . f GG�I'ur
A.Eest mgn " 1
Signature and Tta
Above addresses are to be used for giving required notice' shall be
Nate: 111 Owner or other patty
(2) Any singular reference to Bidder, Surety, 0
considered plural where applicable.
95-1449
00401-1
Bid Bond
y
DAMAGES FORM
1. Bidder and Surety, jeinny and severally, bind 5. Surety waives notice of and any and all defenses
tnemsetves, their heirs. executors. administrators,
sueeessans and assigns Ta day to Owner upon default of baled on arising our of any rime extension to issue
Bidder any difference -between the total amount of nonce OL award agreed to in writing by Owner and
Bidder's bid and the local amount of the Did of Thu nest Bidder, provided roar the total time for issuing notice of
Ibwest, responsible and responsive Didder as determined award including extensions snail not in the aggregate
exceed 120 by Owner for the Work required by The Contras days from Bid Due Date whnou[ Surety's
DOZ umems,provided That: Wriwritten consent.
!.I. If There is no such next lowest, responsible 6. No suit or action snail be commenced under this
and responsive Didder, anti owner does not Bond prior to 30 caiendar days After the notice of default
abandon the PreJACT. then Bidder and Surely required in Paragraph 4 above is redalved by Bidder and
shall pay to Owner the penal sum set forth Surety and in no case later Than one year after Bid Due
on the face of ttis Bond,and Date.
T.1. In no event small Bidder's and Surety's
obligation hereunder exdead The penal sum 7. Any suit or action under this Bond shall be
set torn on the face of this Bond. dOmrtlemead aptly In a Court of ccmoetant jurisdiction
Z Default of Bidder snail occur upon the failure of located in the state in which-fie Project is located.
Bidder To deliver witnirl the time required by the Bidding S. NOtcas required hereunder shall be in writing and
Doeumemm (or any extension thereof agreed to in writing lam To Binder and Sur
by Owner) the exeeurec Agreement required b the cry at nc. �ea h notices
e0may be
Q Y shown On the face rN this Bone. Such notices may he
Bidding Documents and any Dertarmanca and payment sent b
bonds required by the Siccing Documents antl Conuac y personal delivery, commercial counter at by
Daeumertts. United Statas RAplstered or Camfied Mail. ratum receipt
requeetad. Postage 01`e-0e1d. and small pa deemed to be
3. This Obligation shell De null and void if: effective upon reactor by the parry concerned.
3.1. Owner accepts Bidder's bid and Bidder delivers within -fie Time required by the 9. Surety shall cause to be attached to this Bond a
current and effective Power at Attorney evidencing the
Bidding Documents lot arry extension thereof aumhomy of the officer• agent or representative who
agreed to in wr=g by Owner)VIA executed executed This Bond on behalf of Surety%a execute,seal
Agreement required by the Bidding and deliver Suen Band and bind the Surety thereby.
Documents and any DArfOrmanCe and
Payment bonds required by the Bidding 10. This Bond is intended to cdnfOrm to all applicable
DOcUrmems and =Om Tact Documents, or GT=CrY requirements. Any applicable requirement of
3.2. All bids arc relBCed by Owner, or any applicable statute that has been amrmed from This
3.3. Owner fails to issue a ngdee of awerd to Bond snail be deemed to be inciuded herein as if ser
Bidder wrMin the time Specified in the }oRh at lengm. If any provision of this Bond eamcrs
agreed to
to in rrtili Bidding o n wr-for any extension tneraot with any applicable provision of this Bond conflidrs with
ng by Bidder and. if any applicable provision of an applicable applicable, consented to by Sur ern e.then
irry when The Drovfaioh Of said statutee snail advent d the required by paragraph 5 hereof), remaindsr of this Bond that is not in conflict therewith
4. Payment under this Bond will be dug and Payable shall cormnue in full force and effect.
upon deMuh by Bidder and within 30 calendar days attar
receipt by Bidder and within 30 calendar days after 11 The term as used harem includes a bid. offer
IIJOT by Bidder and SuretywrittenOf written notice of default or proposal as applicable.
re
from Owner. wri do rtence will be given with reasonable
pram=ess, identffylmg this Band and the ftleet and
including a scatsmem of The amount cue.
Bid Eland 00401•2
95.74d9
r
ss
CERTIFIED COPY OF POWER OF ATTORNEY
THE OHIO CASUALTY INSURANCE COMPANY
HAMILTON, OHIO
No 32-665
Know All Men by These Presents: That THE OHIO CASUALTY INSURANCE COMPANY, in pursuance of authority granted by Article VI,
Section 7 of the By-Laws of said Company,does hereby nominate,constitute and appoint: Roger G. Bond or Ellen L. P. Conner of Ft. Lauderdale.
Florida its we and lawful agent(s)and attorney(s)-in-fact,to make.execute,seal and deliver for and on its behalf as surety,and as its act and deed any and all
BONDS, UNDERTAKINGS, and RECOGNIZANCES. not exceeding in any single instance SIX MILLION (S6,000,000.00) DOLLARS, excluding,
however,any bond(s)or undertaking(s)guaranteeing the payment of notes and interest thereon
And the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Company, as fully and amply, to all intents and
purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Hamilton,Ohio,in their own proper
persons.
The authority granted hereunder supersedes any previous authority heretofore granted the above named anamev(s)-in-fact
In WITNESS WHEREOF,the undersigned officer of the said The Ohio Casualty Insurance Company has hereunto subscribed his
name and affixed the Corporate Seal of the said The Ohio Casualty Insurance Company this I Sth day of October, 1997.
,gin inn,
SEAL a R
i.i L I�ivY� �Q.Nr2-Q/✓t/��
Sam Lawrence,Assistant Secretary
STATE OF OHIO,
COUNTY OF BUTLER
On this 15th day of October, 1997 before the subscriber.a Notary Public of the State of Ohio,in and for the County of Butler,duly commissioned and qualified.
came Sam Lawrence,Assistant Secretary of THE OHIO CASUALTY INSURANCE COMPANY,to me personally know to be the individual and office,described
in.and who executed the preceding instrument,and he acknowledge the execution of the same,and being by me duly sworn deposeth and saith,that he is the officer
of the Company aforesaid,and that the seal affixed to the preceding immanent is the Corporate Seal of said Company,and the said Carper=Seal and his signature
as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal at the City of
Hamilton, State of Ohio,the day and year first above written.
x' 'V'.It,
Notary Public in and for County of Butler,Scam of Ohio
My Commission expires September 25.2902.
This power of attorney is&rooted under and by authority of Article VI,Section 7 of the By-Laws of the Company,adopted by its directors an April 2, 1954,exa=
from which read:
"ARTICLE VI"
"Section 7.Appointment of Attorney-in-Fact,etc. The chairman of the board, the president,any vice-president.the secretary or any assistant secretary
shall be and is hereby vested with full power and authority to appoint attorneys-in-fact for the purpose of signing the name of the Company as surety to, and to
execute. attach the corporate seal, acknowledge and deliver any and all bonds, mcognizances, stipulations, undertakings or other instruments of suretyship and
Policies of insurance to be given in favor of any individual,firm,corporation,or the official representative thereof,or to any county or state,or any official board or
boards of county or state,or the Untied Suires of America,or to any other political subdivision."
This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the Company on May 27, 1970:
"RESOLVED that the signature of any office of the Company authorized by Article VI Section 7 of the by-laws to appoint attorneys in fact,the signaaue
Of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a power of attorney and the seal of the Company may be affixed by facsimile
to any power of attorney or copy thereof issued on behalf of the Company. Such signatures and seal are hereby adopted by the Company as original signantres and
seal,to be valid and binding upon the Company with the same force and effect as though manually affixed."
CERTIFICATE
I,the undersigned Assistant Secretary of The Ohio Casualty Insurance Company,do hereby certify that the foregoing power of attorney,Article VI Section 7 of the
by-laws of the Company and the above Resolution of its Board of Directors are true and correct copies and are in full force and effect on this date.
IN WITNESS WHEREOF,I have hereunto set my hand and the seal of the Company this 2 2 n d day of October A.D., 19 9 7
DEk
4
S-300-CSG(In6) Assistant Secretary
CITY OF DANIA
BID TABULATION
DATE: 1114197
TIME: 3:30 P.M.
PROJECT NAME: DREDGING OF THE DANIA CUT-OFF CANAL
N0. VENDOR BID AMOUNT BID BOND
a
G°6MDA 6°3EH(QMG57 �(Oftm
CITY oOv DG^ MA i
4 q .
Date. 11-17-97 Agenda Item#:
Title:
TELECOMMUNICATIONS ORDINANCE
Requested Action:
1st Public Hearing -Ordinance
Summary Explanation & Background:
1st Public Hearing of Ordinance continued for 60 days from the September 23, 1997 Commission
Meeting.
Exhibits (List):
Memorandum from Terry Virta, AICP -Growth Management Director
Memorandum from Attorney Earl Gallop
Display Ad published on November 19, 1997
Revised Ordinance dated November 12, 1997-Ordinance#4
Purchasing Approval:
Prepared By:
Terry Virta, AICP-Growth Management Director
Source of Additional Information: (Name &Phone)
Recommended for Approval By:
Terry Virta,AICP-Growth Management Director
Commission Action:
Passed ❑ Failed ❑ Continued ❑ Other ❑
Comment:
City Manager City Clerk
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qOT BY: 11-19-97 5:11PN NGF, P. A. 19549212804;# 2/ 8
MEMORANDUM
TO: Mike Smith, City Manager
FROM: Earl G. Gallop
DATE: November 19, 1997
RE: Telecommunication Zoning Ordinance
This memorandum presents a revised, proposed telecommunications zoning
ordinance. The proposed ordinance provides improved regulation of the siting and
appearance of telecommunications towers, antennas and accessory buildings. It also more
strongly encourages cu-location, or sharing, to diminish the proliferation of towers in the
city.
Because Us is a legally and technologically complex subject, we anticipate that
further revisions might be made between 1"and 2'readings. However,I do not expect that
any revisions will not require another 1"reading.
A second t"reading is required in this instance because of the extensive revisions to
the title and to the body of the proposed ordinance.
NOV-19-1997 18:02 P.02
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MEMORANDUM
TO: Michael Smith
City Manager
FROM: Terry L. Virta, AICP
Growth Managementire or
RE: Telecommunications Tower Ordinance
Date: November 12, 1997
Attached is a modification of the draft of the Telecommunications Tower Ordinance for
the November 25,1997 City Commission Meeting. Also attached is a copy of the
memorandum from Attorney Earl Gallop in which he reviews an earlier draft and offers
suggestions for change. This version of the Ordinance incorporates most of Attorney
Gallop's suggested changes. It contains virtually everything that was in the earlier
drafts, however, the order in which the items appear has changed.
In terms of priority for locating towers, the emphasis is on City owned sites. The
Ordinance also includes significant incentives included for co-location. There have also
been added provisions, which will require that tower builders provide the City with
financial guarantees that towers will be removed if abandoned.
The draft Ordinance has been greatly enhanced since it's last public hearing. It is
recommended that the City Commission adopt this Ordinance as it has been amended.
If you have any questions or would wish to discuss this matter further, please let me
know.
TLV;
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11,17,97 12:01 FAX 1:5 1290 SS,AD SERVICES 0001r001
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mores
lou ru -Sentinel Proof Notice
'mma
t1n Wau
We(1I y22 Seel
wr r Y
11`emer Pkue dwk upon reripb c Corrediona should be telrphoned into Sm.Swunrra
.I `oct wu ilAs 0¢enield olbes ar heed to(04)425-1290.If"donut he,bom you by proof
evreclim deadline,your sit will be ramidemd correct for publkad,.
fPmplL an PMwAO,m,nawe welly end acwrery h mY AudrUlron of your
e emem. Y ems man"
rn minor gpynFnbr come'aM Dray.)
0adlno ry Correction repivetl Rime
f17T'� —O" 14
CITY OF DANIA
NOTICE OF PUBLIC HEARING
DANIA CITY COMMISSION
NOTICE OF CridaHANGE TOZONING CODE TEXT
Tho the Pmpoesad ordin nee will be held by theeDannet City Commission on Tuesday.Novem on
ber
25,1997 and December 9,1907 on or after 7:30 p.m.in the City Commission room of Dania
City Hall,100 West Dania Beach Blvd.,Dania,FL The title of me proposed ordinance which
encompasses the proposed changes is:
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA,AMENDING CHAPTER
2B, BV CREATING ARTICLE VIII, "TELECOMMUNICATION TOWERS AND
IO
i ANTENNAS";PROVIDING INTENT ANO DEFINITIONS;PROVIDING MINIMUM
TOWERS; PROVIDINOAMIN MUM STANOARDSOFOR LOCAT ON IAND APS
PROVAL OF COMMUNICATIONS ANTENNAS, PROVIDING ADDITIONAL US-
ES; PROVIDING FOR SHARED USE OF COMMUNICATIONS ANTENNAS;
PROVIDING FOH INSPECTIONS; PROVIDING FOR CONFLICT; PROVIDING
F-OR 9EVERABILITY PROVIDING FOR INCLUSION;PROVIDING FOR AN EF•
FECTIVC DATE.
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CITY CF DAN;A
Ram.
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Copies Cl of the pproposed ordinance are ,Dania,
available fFl viewing and purchase at the 0 a. o1 the
City Clerk,Monday
West Dania Beech Blvd.,Dania,Florida between the hours of 5:00 a.m.and
500 p.m.,Monday-Friday.
j Interested parties may appear at the public, hearing and be heard with respect to the
proposed ordinance.
Any person who decides to appeal any decision made by the Dania City CemmISSIDn with
regard to any matter considered at this meeting or hearing will need a record of the
Proceedings and for such purpose may need to ensure that a verbatim record of the
proceedings is made,which record includes the testimony and evidence upon which the
appeal is to be based.
Tarry Virta,AICP ¢
Growth Management Director If
n-ww varrv+n m,:ry wevusvrlsv.nrry al•xvv a,Yvvr nir:+v l++f a,r.rr•m vonmvre,
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t -- -' •• •.. u •i unu, nw , ,y,-• l:IJY JLILUUY d Jl LU
ORDINANCE NO.
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DANIA, FLORIDA. AMENDING CHAPTER 2B,
BY CREATING ARTICLE Vlll, TELECOMMUNICATION TOWERS AND ANTENNAS; PROVIDING INTENT,
DEFINITIONS, APPLICABILITY, GENERAL
REQUIREMENTS, SHARED USE OF
COMMUNICATION TOWERS, CO-LOCATION OF
ANTENNAS; APPLICATIONS, SECURITY, ACCESS
EASEMENTS, REMOVAL OF FACILITIES; PROVIDING
FOR CODIFICATION, ORDINANCES IN CONFLICT,
SEVERABILITY, PROVIDING FOR AN EFFECTIVE
DATE.
Whereas, the Congress of the United States adopted the
Telecommunications Act of 1996, providing for federal regulation of wireless
telecommunications, a technology of wireless voice, video and data
communications systems, which requires land-based facilities that impact
planning and zoning concerns in the City and throughout the United States;
and,
Whereas,the City Commission finds that it is in the public Interest
to permit the siting of wireless communication towers and antennas within the
municipal boundaries; and,
Whereas, the City has received, and expects to receive
additional,requests from telecommunication service providers to site wireless
telecommunication towers and antennas within the municipal boundaries and
the City is authorized by federal state and local law to regulate the siting of
such towers and antennas; and,
Whereas, it is the intent of the City Commission to provide
reasonable accommodation, and to promote and encourage fair and
reasonable competition, among telecommunication service provider;, or
Providers of functionally equivalent services, on a neutral and non-
discriminatory basis; and,
NOU-18-1997 11: 10
P.03
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Whereas,the purpose and intent of this Ordinance is to establish
appropriate locations in priority order of use and, further, to provide the
requirements and standards to perm it the siting of wireless telecommunication
towers and antennas within the municipal boundaries, with due consideration
to the City's comprehensive plan, zoning ordinance, existing patterns of
development and environmentally sensitive areas, including hurricane
Preparedness areas; and,
Whereas, by providing regulatory requirements and standards,
it is the Clty's intent to protect and promote the health, safety and welfare of
its citizens and residents, the traveling public, and other persons in a manner
that will minimize both the number of towers and antennas as well as the
adverse visual impact and other potentfai damage by these facilities through
encouraging co-location and shared use of new and pre-existing
telecommunication facilities, through incentives, careful design, engineering
siting, landscape screening and innovative camouflaging techniques.
NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DANIA, FLORIDA:
Section 1• Article VIII, Sections 33.304 through 33-311, of the Zoning Code
of the Code of Ordinances of the City of Dania, Florida,entltied"Telecommunication
Towers and Antennas,,,is hereby created to read as follows:
ARTICLE Vill T LECOMMUNI I N TOWERS AND A NNAS
Sectio�gylntent.
The regulation of telecommunication towers and antennas in this Article is
intended to:
1) promote the health, safety and general welfare of the citizens and
residents, the traveling public, and other persons by regulating the siting
of telecommunication towers;
2) Provide for the appropriate location and use of telecommunication
towers and antennas within the city;
NOV-18-1997 11:10
P.04
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Microwave: A dish
-like ante
nna used to link wireless communication
services sites together by wireless transmission of voice or data.
Monopole tower.A telecommunication tower consisting ofa single pole or
spire self-supported by a permanent foundation, and constructed without
guy wires and ground anchors.
Panel antenna: An array of antennas designed to concentrate a radio
signal in a particular area.
Set-support4attice tower. A telecommunication tower that is constructed
without guy wires and ground anchors.
Stealth facility: Any telecommunication facility which is designed to blend
Into the surrounding environment. Examples of stealth facilities include
architecturally screened roof-mounted antennas,antennas integrated into
architectural elements,and telecommunication towers designed to look like
light poles, power poles or trees.
Telecommunication tower.A guyed,monopole or self-supporillattice tower,
constructed as afree-standing structure,containing one or more antennas
intended to be used for personal wireless services, telephone, radio or a
similar communication service. The term includes, but is not limited to,
radio and television transmission towers, microwave towers, common
carrier towers, cellular telephone towers and stealth towers. The term
does not include a tower that provides only open video services.
Section 33-306 Applicability.
All new towers or antennas, and modifications to existing towers and antennas,
in the Gty shall be subject to these regulations, except as provided for in
paragraphs 1 through 3, below:
1) These regulations shall not apply to any tower, or Installation of any
antenna, that is for the use of an open video broadcast-only facility, or is
owned and operated by a federally-licensed amateur radio station
operator, or is used exclusively for receive-only antennas.
2) Pre-existing towers and pre-existing antennas shalt not be required to
meet the requirements of these regulations, except to comply with the
requirements of the non-conforming provisions of the zoning ordinance.
NDV-le-1997 11:11 P.05
'-" - • +. w ui .+u•cun,n INUI', f• d. 1JJi JY 12UIIUl Ii Uf cU
3) An AM array consisting of one or more tower units and supporting
ground system which functions as one AM broadcasting antenna,shall be
considered one tower. Measurements for setbacks and separation
distances shall be measured from the outer perimeter'of the towers
included in the AM array. Additional tower units may be added within the
Perimeter of the AM array by right.
S tion 33.307 General Requirements.
Every new telecommunication tower and antenna, and modifications to existing
towers and antennas, shall be subject to the following minimum standards:
1) Towers and antennas may be considered either principal or accessory
uses. A different existing use of an existing structure on the same lot shall
not preclude the installation of a tower or antenna on the same lot.
2) The City may require,as a condition of entering into a lease agreement
with a telecommunication provider, the dedication of space on the facility
for public health and safety purposes, as well as property improvement on
the leased space. Any dedications and improvements shall be negotiated
prior to execution of the lease.
3) For purposes of determining whether the installation of a tower or
antenna complies with district development regulations, the dimensions of
the entire lot shall control, even though the towers or antennas are
Proposed to be located on leased parcels within such lot.
4) Each application for a tower or antenna shall include a review of the
City's inventory of existing towers, antennas and approved sites. All
requests for locations other than a site on the inventory shall Include
specific information about the alternative location,height and design of the
proposed tower or antenna, and an explanation regarding why the
inventory sites are not appropriate. The information is a public record.
The City may share the information with other applicants. The City does
not warrant or represent that the information is accurate, or that sites on
the inventory are available or suitable,
5) All applicants for new towers and antennas, or for towers and antennas
which are to be modified or reconstructed to accommodate additional
antennas, or for which a variance is required, must present a certified
NOV-18-1997 11:11 P.06
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report by a professional engineer licensed to practice in the State of
Florida, which shall include the following:
a.a site development plan which includes,without limitation,a photo
digitization of the tower with all attachments.
b. an analysis of the Impacts on adjacent property sites.
c. specifics of design.
d. a narrative discussing the type of tower or antenna, current wind
loading capacity and a projection of wind loading capacity using
different types of antennas as models.
e. a statement of non-interference, which states that the
construction and operation of the tower, including reception and
transmission functions, will not interfere with public safety
communication, or with the visual and customary transmission or
reception of radio, television, or similar services, as well as other
wireless services enjoyed by adjacent properties.
f. if the applicant proposes to not use a facility or site on the City's
inventory, an explanation of the technological reasons why the use
of the facility or site is unfeasible.
6) Towers and antennas shall meet the following appearance
requirements:
a.towers shall either maintain a galvanized steel finish or, if allowed
by FAA standards, shall be painted a neutral color to reduce visual
obtrusiveness.
b. the design of accessory buildings and related structures shall, to
the extent possible, use materials, colors, textures, screening, and
landscaping that will blend them into the natural setting and
surrounding buildings to minimize visual Impact.
c. if an antenna Is installed on a structure other than a tower, the
antenna and supporting electrical and mechanical equipment must
be of a color that Is neutral, identical to, or compatible with the color
of the supporting structure, as determined by the City, to make the
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NOV-1B-1997 11:11
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antenna and related equipment as visually unobtrusive as possible.
7) No signals, artificial lights or illumination shall be permitted on any
tower or antenna unless required by the FAA or other applicable authority.
If lighting is required, the lighting alternatives and design chosen must
cause the least disturbance to the surrounding views. To the maximum
extent possible, lighting shall be oriented away from residential districts.
8) The construction, operation, maintenance and repair of towers and
antennas are subject to the regulatory supervision of the City,and shall be
Performed in compliance with all laws and practices affecting the subject,
including,but not limited to,the zoning ordinance,building code and safety
codes. The construction, operation and repair shall be performed in a
manner consistentwith high applicable industry standards. All towers and
antennas must meet or exceed current standards and regulations of the
FAA and the FCC, including emission standards. They must meet the
requirements of all federal, state and local government agencies with the
authority to regulate towers and antennas prior to issuance of a building
permit by the City. If the standards and regulations are changed, then the
owners of the towers and antennas governed by this Ordinance shall bring
the facilities into compliance with the revised standards and regulations
within six months of their effective date, unless the facilities are
grandfathered under the applicable regulation. The compliance date may
be waived by the City Manager if a different compliance schedule is
mandated by the controlling federal, state and local agency. Failure to
bring towers and antennas into compliancewith the revised standards and
regulations shall constitute grounds for removal of the tower or antenna at
the owner's expense.
9) The owner shall additionally maintain a tower in compliance with the
applicable standards for towers that are published by the Electronics
Industries Association.
10) Towers must the tower comply with all applicable building
requirements in applicable building codes and Industry construction
standards. If, upon inspection, the City concludes that a tower fails to
comply with any building codes and Industry construction standards, and
constitutes a danger to persons or property, then upon notice, the owner
of the tower shall have 30 days to bring the tower into compliance. Failure
to bring the tower into compliance within 30 days from receipt of notice
NOV-18-1997 11:12 P.08
shall constitute grounds for removal of the tower or antenna at the owner's
expense.
11) To ensure the structural integrity of towers, a statement shall be
submitted, prepared by a professional registered engineer licensed to
practice in the State of Florida, which, through engineering analysis,
certifies the tower complies with all applicable building requirements In
applicable building codes and with applicable industry construction
standards, The statement shall describe the tower's capacity, including
the number and types of antennas it can accommodate. Foralltowersand
antennas attached to existing structures, the statement shall Include
certification that the structure can support the load superimposed from the
tower or antenna. All new towers shall have the capacity to accept
muftie users; at a minimum, monopole towers shall be able to
accommodate two users and at a minimum, self-supportflattics or guyed
towers shall be able to accommodate three users.
12)Telecommunlcation towers shall complywith current radio frequency requency
emissions standards of the FCC.
13) Accessory buildings or structures shall meet all building design
standards as listed in the Code, and shall be constructed in accordance
with the provisions of the South Florida Building Code, latest Broward
County Edition. All accessory buildings or structures shall require a
building permit issued by the building division.
14) Mobile or immobile equipment not used in direct support of a tower or
an antenna facility shall not be stored or parked on the site of the
telecommunication tower, unless repairs to the tower are being made.
15) For purposes of measurement, tower setbacks and separation
distances shall be calculated and applied to facilities located in the City
Irrespective of municipal boundary lines.
16) Towers and antennas shall be regulated and permitted pursuant to
this Ordinance and shall not be regulated or permitted as essential
services, public utilities or private utilities.
17) Owners or operators of towers or antennas shall certify that all
franchises required by law for the construction or operation of a wireless
P.09
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telecommunication system In the City have been obtained and shall rile a
copy of all such franchises with the City.
f 8) No signs, including commercial advertising orlogo and political signs,
flyers flags or banners shall be allowed on any part of a tower or antenna.
19) All towers shall meet the following buffering requirements:
a. an eight foot fence or wall constructed in accordance with Chapter
28 of the Code of Ordinances of the City of Dania, as measured from
the finished grade of the site,shall be required around the base of any
tower and may be required around any accessory building or
structures.
b. landscaping, consistent with the requirements of Chapter 26 the
Code of Ordinances, shall be installed around the entire perimeter of
any fence orwall. Additional landscaping may be required around the
perimeter of fence orwall and around any orals anchors orsupports
if deemed necessary to buffer adjacent properties. The City may
require landscaping in excess of the requirements of the City code in
order to enhance compatibility with adjacent residential and non-
residential land uses. Landscaping shall be installed on the outside
of the perimeter fence or wall.
c. landscaping consistent with perimeter and on-site requirements in
Chapter 26 of the Code of Ordinances shall be installed around any
accessory buildings or structures.
20) "High voltage"and"No Trespassing"warning signs shall be provided
as follows:
a. if high voltage is necessary for the operation of the
telecommunication tower or any accessory structures, "HIGH
VOLTAGE- DANGER"warning signs shall be permanently attached
to the fence or wall and shall be spaced no more than 40 feet apart-
b."NO TRESPASSING"warning signs shall be permanently attached
to the fence or wall and shall be spaced no more than 40 feet apart.
c. the letters for the "HIGH VOLTAGE - DANGER" and "NO
TRESPASSING"warning signs shall be at least six inches in height.
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The two warning signs may be combined Into one sign. The warning
signs shall be installed at least five feet above the finished grade of
the fence.
d. the warning signs may be attached to free standing poles If the
content of the signs is not obstructed by landscaping.
21) All abandoned or unused telecommunication tower facilities shall be
removed by the tower owner or operator within go days of the cessation of
use. A tower shall be considered abandoned if use has been discontinued
for 180 consecutive days. The City may require reasonable security to
secure compliance with the requirements of this paragraph.
Telecommunication towers being utilized for other purposes, including but
not limited to light standards and power poles, may be exempt from this
provision.
Section 33-308 Zoning Districts Height and Setback iReguirements Etc.
i
1)Telecommunication towers and antennas shall be permitted on
property owned, leased or otherwise controlled by the City(referred to
as City property), provided a license or lease authorizing the antenna or
tower has been approved by the City. Height and setback requirements
shall those that are provided in any lease agreed to by the City. The
City shall have no obligation to execute a lease even if the applicant can
meet all criteria contained in this Ordinance.
2) Monopole towers and antennas shall be allowed as a permitted use,
and guyed or self-support/lattice towers shall be permitted as a special
exception, in the following zoning districts:
a. (M-1) Light Industrial District
b. (M-2) Medium Industrial District
c. (M-3)General Industrial District
3) Stealth towers or stealth rooftop and building mounted antennas shall
be allowed as a permitted use in the following zoning districts:
a. (C-4) Community Business
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b. (C-3) General Business
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c. (IRO)Industrial Research Office
d. (IR) Restricted Industrial
e. (IG) Industrial General
f. B-31 M-1
g. M-2, M3, M4
h. (RM/RMI)Medium High DensityMultiple-Famity(stealthantennas
only)
i. (RM2)High Density Multiple-Family, (stealth antennas only)
4) Non-stealth guyed towers and antennas shall be permitted as a special
exception only in the following zoning districts:
a. (C-4) Community Business
b. (C-3) General Business
c. (IRO) Industrial Research Office
d. (IR) Restricted Industrial
e. (IG) Industrial General
f. B-3
5) Towers and antennas must meet the following setback and height
requirements:
a. tower height shall be measured from the crown of the road of the
nearest street
b, telecommunication towers shall conform with the setbacks established
for the district except when more restrictive requirements are contained
within this section.
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C. towers shall not be permitted within 250 feet of any residential
district.
d. all buildings and other structures to be located on the same property
as a tower shall conform with the setbacks established for the zoning
district.
e. unless provided for elsewhere in this Ordinance, the City
Commission may allow a maximum height of 90 feet for a single user,
up to 120 feet for two users and up to 150 feet for three or more users,
6) Inspections:
a. Telecommunication tower owners shaIf submit a report to the buiiding
division certifying structural and electrical integrity on the following
schedule:
i. Monopole towers once every five years.
ii. Self-support/lattice tower; once every two years.
Freestanding and guyed towers at once every two years.
b. Inspections shall be conducted by an engineer licensed to practice in
the State of Florida. The results of inspections shall be provided to the
building division. The building official' may require repair or removal of a
telecommunication tower based upon the results of an inspection,
c. The building division may conduct periodic inspections of towers to
ensure structural and electrical integrity. The owner of the tower may be
required by the City to have more frequent inspections should there be
reason to believe that the structural and electrical integrity of the tower is
jeopardized,
7) Existing towers.
a. Antennas may be placed on existing towers with sufficient loading
capacity after approval by the building division. The capacity shall be
certified by an engineer licensed to practice in the State of Florida.
P.13
NOV-18-1997 11114
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b• Towers in existence as of October t
rower of equal or less visual im ' 1996, may be replaced with a
However, if the proposed new
towwerrttwouldproval not be consisteby the nt the
minimum standards under this section, replacement must be approved by
the City Commission.
Section 3,3 9. S re Use of(:0 InUntCaf'
en s. ron Tnuo.c ro a aar L9f
t) Co-tang, on
on existing, oftelecommunication antennas by more than one provider
new, or modified towers shall take precedence over the
construction of new single-use towers. Accordingly, each application for
a telecommunication tower shall include a certified written evaluation,
P►ePared by a professional engineer licensed to practice in the State of
Florida, of the feasibility of sharing a telecommunication tower, if a
telecommunication tower is located within five miles of the proposed site,
which examines the following:
a,structural capacity of the rower or towers.
b. radio frequency interference.
C. geographical service area requirements.
d. mechanical or electrical Compatibility.
e, ability to locate equipment on the tower or towers.
f. availability of towers for relocation.
g. any restrictions or limitations of the FCC that would preclude the
shared use of the tower.
h. additional Information requested in writing by the City.
z) Each application for an antenna shall include a certified written
evaluation,prepared by a professional engineer licensed to practice in the
State of Florida, of the feasibility of co-locating its antenna on an existing
tower. Evidence submitted to demonstrate that no existing tower can
accommodate the proposed antenna may consist of any of the following:
NOV-18-19W 11:14 P.
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a. no existing towers or structures are located within the geographic
area required to meet the applicant's engineering requirements.
b. existing towers or structures are not of sufficient height to meet
applicant's engineering requirements.
c. existing towers or structures do not have sufficient structural
strength to support applicant's proposed antenna and related
equipment.
d, the applicant's proposed antenna would cause impermissible
electromagnetic interference, as determined by the FCC, with the
antenna on the existing towers or structures, or the antenna on the
existing towers or structures would cause impermissible Interference,
as determined by the FCC, with the applicants proposed antenna,
e, the fees or costs required to share an existing tower or structure or
to adapt an existing tower or structure for sharing are unreasonable.
Costs exceeding new tower developmentare presumed unreasonable.
f. property owners or owners of existing towers or structures are
unwilling to accommodate the applicant's needs.
g. the applicant demonstrates that there are other limiting factors that
render existing towers and structures unsuitable.
3) All applicants shall demonstrate reasonable efforts in developing a
co-location alternative for a proposed new telecommunication tower or
antenna. An applicant for a permit to construct a tower or antenna shalt
cooperate with other telecommunication service providers in co-locating
additional antennas on existing authorized towers. An applicant and an
owner,or operator, of an existing authorized tower shall exercise good
faith in co-locating the facilities. Good faith shall include sharing non-
propriety technical information to evaluate the feasibility of co-location.
in the event a dispute arises whether an applicant, or an owner or
operator of an existing facility has exercised good faith in
accommodating other facilities, the City may require a technical study
by a third party at the expense of either or both of the parties to the
proposed co-location.
4) Applications submitted by tenants seeking to co-locate on a pre-existing
NOV-18-1997 11:15
tower, or to rent space on a proposed tower, shall receive an expedited
review process by the City. Such review shall be completed 30 days
following the filing of a completed application.
5) The owner of any telecommunication tower approved for shared use
shall provide a written Notice of Co-location,bycerdfied mail,return receipt
requested, of the location of the tower and the toad capacity of the tower
to all other providers of telecommunication services In Broward County,
Florida.
6) Failure to comply with the co-location requirements of this section may
result in the denial of a permit request or revocation of an existing permit
for the specific tower.
7) Applicants seeking to co-locate antennas shall not pay rent to the
owner or operator of the tower in excess of the fair market value for the
space, as determined at the time of execution of an agreement.
8) The City shall receive 25% of the rental payments received by the
tower owners or operators from each tenant
5-action 3-310 Applications.
1) Prior to the issuance of a building permit by the building division,a site
development plan shall be presented for approval to the planning division.
Each application fora proposed telecommunication tower shall Include all
requirements for site development plan approval, as required In Chapter
26 of the Code of Ordinances. The Director of the Growth Management
Department may waive all or some of these provisions for stealth towers
which are designed to emulate existing structures already on the site.
Where a request is made to use a pre-existing structure, including light
and power poles,as a stealth facility,thefacifity and all modifications,shall
comply with all requirements as provided in this Ordinance unless waived
by the City.
2) A statement shall be submitted with the application, prepared by a
professional registered engineer licensed to practice in the State of Florida,
which,through engineering analysis,certifies compliance of the towerwith
applicable building requirements of the South Florida Building Code,latest
Broward County Edition,and any applicable industry standards, including,
NOV-19-1997 W15
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but not limited to, Electronic Industry Ass ociattonlfelecommunications
Industry Association standard for wind load; and describes the tower
capacity, Including an example of the number and type of antennas it can
accommodate. No tower shall be permitted to exceed its loading capacity.
For all towers and antennas attached to existing structures,shall include certification that the structure can s the statement
load. All towers shay upport the superimposed
minimum, monopole to have the capacity to accept multiple users; at a
have
shall be able to accommodate two users, and
three users, attice,orquyed,towersshallbeabletoaccommodateatleast
three users,
3) The following supplemental information shall be included with all
applications for special exceptions and variances:
a. a scaled site plan clearly indicating the tower site,type and height
Of the proposed tower, the location of the accessory building, on-site
land uses and zoning, adjacent land uses and zoning, adjacent
roadways,proposed means of access,distances from property lines,
elevation drawings of the proposed tower, and any other proposed
structures.
b. a current zoning or aerial photograph showing the location of the
Proposed tower.
C. a legal description of the parent tract and tower site(if applicable).
d. if the proposed tower site from residentially zoned lands,meets the required minimum distance
the approwmate distance between the
Proposed tower and the nearest residential dwelling, platted
residentially zoned properties, or unplatted residentially zoned
Properties. If the proposed tower site does not meet the minimum
distance requirements, then exact distances, locations and
identifications of the residential properties shall be shown on an
updated zoning map.
e. a landscape plan showing speck landscape materials,
f, the method of fencing, finished color if applicable, the method of
aesthetic mitigation and illumination I
4) The City shall act promptly on any application submitted in accordance
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NOU-18-1997 11:16
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with the provisions of Sections 33-304 through 33.307 of this Chapter.
The reasons for rejecting any application filed under this,section does not
prevent a person from filing an application for a special exception in
accordance with applicable law.
5) Fees for tower placement and use,including antenna installation,will
be determined by a separate resolution.
6) Public land and right-of-way lease agreements will be established by
separate instruments.
Section 33-311 Security Access Ea$ements Removal of Facilities.
The approval by the City of a building permit for a telecommunication tower shall
be conditioned upon receipt by the City Manager of the following,
1) Either a surety bond or standby letter of credit, acceptable to the City
Attorney as to form and financial condition of the issuer, securing the
obligations of the applicant to remove the communication tower,accessory
buildings and equipment, as required by Section 33-307(21). of this
Ordinance. The bond or letter of credit shall be payable to the City and
shall provide to the City funds equal to the lesser of$25,000 or 150% of
the estimated cost of dismantling and disposing of the facilities, as
evidenced by a certificate of a professional engineer licensed in the State
of Florida, or other evidence reasonably satisfactory to the City Manager.
Each such bond or letter of credit shall be maintained in force the tern of
any lease with the City, or for a minimum of 15 years and thereafter for
additional periods designated by the City Manager If the tower remains in
place at the end of the original fifteen year term. The security shall be
payable to the City if the applicant is in default of its obligation to dismantle
the tower and funds shall be used to pay the cost of dismantling and
disposing of the facilities.
2) An easement granted by the fee owner of the land under the tower,and
between the tower and the nearest pubic right-of-way, in favor of the City,
to provide access to the tower site.
3) Written permission from all record owners, beneficial owners, and
leaseholders of the tower in a form acceptable to the City Attorney to enter
upon the site and to remove and dispose of the tower.
IJOV-18-199? 11:16
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Sectlan The provisions of this Ordinance shall become,and be made
a part of the City of Dania, Florida,Toning Code of the Code Ordinances. The
sections of this Ordinance may be renumbered and the word"ordinance"may be
changed to "section," or "article". In no case shall any provision be read to
eliminate any requirements for a franchise, license or other authorization to
occupy the affected property.
Section3. All ordinances or parts of ordinances in conffet herewith shall be,
and tite same are, hereby repeated to the extent of such conflict
Section 4. If any section, sentence, clause, or phrase of this Ordinance is
held to be invalid or unconstitutional by any court ofcompetent Jurisdiction,then the
holding shall in no way affect the validity of the remaining portions of this Ordinance.
gNtlori5. This ordinance shall be in force and take effect Immediately upon
its final passage and adoption.
PASSED AND ADOPTED on First Reading an the_day of
1997.
PASSED AND ADOPTED on Second and Final Reading on the_,day of
, 1997.
MAYOR COMMISSIONER
ATTEST:
CITY CLERK-AUDITOR
APPROVED AS TO FORM AND CORRECTNESS:
I
CITY ATTORNEY
8e0111002. The provisions of this Ordinance shall become, and be made
a part of the City of Dania, Florida, Zoning Code of the Code Ordinances. The
sections of this Ordinance may be renumbered and the word"ordinance"may be
changed to 'section," or "article". In no case shall any provision be read to
eliminate any requirements for a franchise, license or other authorization to
occupy the affected property
ec lon 3. All ordinances or parts of ordinances in conflict herewith shall be,
and the same are, hereby repealed to the extent of such conflict.
Section 4. If any section, sentence, clause, or phrase of this Ordinance is
held to be invalid or unconstitutional by any court of competent Jurisdiction, then the
holding shall in no way affect the validity of the remaining portions of this Ordinance.
ectlon S. This ordinance shall be in force and take effect immediately upon
its final passage and adoption.
PASSED AND ADOPTED on First Reading on the day of____ _____�
1997.
PASSED AND ADOPTED on Second and Final Reading on the day of
1997.
I
MAYOR COMMISSIONER
ATTEST:
CITY CLERK-AUDITOR
APPROVED AS TO FORM AND CORRECTNESS:
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CITY ATTORNEY
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NDV-18-1997 11�17
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NAGN • GALLOP • FIGUEREDO, P.A.
Attomrys and COWRCIOO at Law
2601 S. Bayshore Drive, Suite 1600
Coconut Grove, Florida 33133
Telephone (305) 860-7229
Facsimile (305)858-4777
September 18, 1997
Michael Smith, City Manager
City of Dania
P.O. Box 1708
Dania, FL 33004
Re: Proposed Telecommunication Towers and Antennas Regulations
Dear Mr. Smith:
This letter provides our review and recommendation regarding the proposed ordinance
regulating telecommunication towers and antennas.
In performing this legal service, we have undertaken to review selected legal
publications concerning the federal Telecommunications Act of 1996, FCC implementation
of the act, several recent FCC and federal district court decisions, a model wireless
telecommunications towers and antennas ordinance and the recently-adopted City of North
Miami ordinance on the subject. We understand that it is beyond the scope of our
undertaking to perform an exhaustive review of the act, decisional authorities and ordinances
of other jwisdictions, and we have not done so at this time. The attention we have given to
the subject is sufficient to provide the following comments and recommendation.
Recommendation: The proposed ordinance should be substantially revised to
provide incentives to locate telecommunication facilities on city y
property, to effectivel
encourage co-locating facilities, and to provide greater protection to the city and its residents.
be revised in 45 to 60 days.
Depending on the amount of public and industry involvement, the proposed ordinance could
Background: Deregulation of the telecommunications industry created a national
Policy of fostering competition among multiple service providers. The industry is dynamic
and expanding rapidly. Deregulation coincided with the licensing of many new wireless
communications services. Personal communications services (PSC) providers paid S23
billion to the federal government for new licenses. (McCombs, Harold, Hoer the
Teleconunwlic'ption+'AcrAfJects You, American City & County, August 1997). The cellular
y
Michael Smith, City Manager
September 18, 1997
Page 2
radio industry, which competes with PSC providers, responded by expanding the number of
cell sites to provide better service. More than 40 million Americans currently use these
services. Their number is expected to grow to more than 100 million by the year 2000.
(Local Officials Guide: Siting Cellular Towers [App. A]). The unprecedented capital
investment, combined with rapidly growing demand, leads various sources to predict that the
industry will seek to add up to 120,000 new antennas to meet the demand. The FCC is
expected to authorize up to eight providers in each local government jurisdiction durin, the
next year. In short, the City of Dania can expect to receive more than one application to
locate a new tower and add antennas in the near future.
Statement of the problem: The telecommunications act imposes restrictions on the
power of cities to act on permit applications. Failure to timely adopt an adequate ordinance
can leave the city with diminished ability to regulate siting, aesthetics, safety and other
concerns. Failure to comply with the act exposes the city to federal district court and
administrative actions.
Restrictions on zoning regulations: The telecommunications act does not preempt
local zoning authority. The act retains local authority, but makes it subject to new federal
restrictions. The city must satisfy the following requirements:
1. The city may not uni-easonably discriminate among fireless telec•omnnmieations
providers that compete against each other. The city must present a "level playing field."
As a general rule, the city should avoid making zoning decisions that give one provider a
competitive advantage over another. If the city allows one provider to construct a 150-foot
tower in an industrial district, it must allow another provider to construct a similar tower in
the same district if the applicant satisfies the general requirements and minimum standards.
unless the city has effective requirements for co-location of facilities or other rational bases
for disallowing an additional tower.
2. The city mcty not prohibit or hmu the effect of'prohihititlg the provisioll of wireless•
telecommunications serilices. A city may not prohibit telecommunication service within its
boundaries. However, the city can limit the number and regulate the location of facilities so
long as its restrictions do not interfere with the reception of a signal and make it impossible
to deliver a service.
3. The city nnrsv act within a reasonable period c ftime on applications for iireless
!eleconunrrnicationr facilities. The act does not require the city to give preferential treatment
to applications for wireless telecommunications facilities. Applications pertaining to such
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Michael Smith, City Manager
September 18, 1997
Page 3
facilities should be processed and acted on just like an application for any other use in their
zoning category.
4. A city action denying an application for a wireless telecommunication facility must
be in writing and based on evidence in the record. This is not an exceptional requirement
for a Florida city. Following the requirements of .Snyder pertaining to quasi-judicial
hearings will satisfy the federal requirement.
5. The city may not deny an application for a wireless telecommunications facility
on environmental grounds i 'the facility will meet FCC radio frequency emissions standards.
A facility that meets FCC emissions standards is presumed safe. The city may require
monitoring of emissions, and prescribe penalties and other relief for violations.
Guiding principles: The proposed ordinance should attempt to balance 1) the need
of the city to protect against uncontrolled proliferation and placement of facilities, Z) the
interests of the wireless telecommunication industry in expanding facilities and 3) the desires
of customers to receive better services and new technologies. The city may regulate the
siting, aesthetics and construction of facilities so long as the regulations do not preclude
consumers from receiving wireless services.
Comments on the proposed ordinance: The proposed ordinance provides basic
siting, aesthetic and other requirements for wireless facilities. [App. B] It prescribes
different, but sometimes redundant, requirements for towers (§33-306) and for antennas not
located on towers (§33-307). The ordinance encourages, but does not require, co-location
of facilities (§33-308). It does not create a "tiered" approach to the location of facilities on
public property under lease with the city and, thus, misses an opportunity to increase city
revenue. Protection of the city and residents by indemnification for claims, insurance against
loss and security for removal of abandoned facilities is not provided.
Comments on the model ordinance: The model ordinance, which was modified and
recently adopted by the City of North Miami, provides a tiered approach to locating
facilities, requires co-location to control the proliferation of facilities, tailors setback and
separation requirements to tower and antenna height, and gives more protection to the city
and residents by requiring indemnification and insurance. [App. C] The city's proposed
ordinance and the City of North Miami ordinance are compared in the table further in this
report.
S_ \
Michael Smith, City Manager
September 18, 1997
Page 4
Critique of both ordinances: Both ordunances encourage "stealth" or "alternative
tower structures." Neither require security for removal of abandoned facilities. Neither
ordinance uses setbacks in an effort to address the potential health risk of electromagnetic
radiation. The ordinances do not require that tower lighting, when required by the FAA, be
oriented inward and away from surrounding residential properties. Certification of the
struThe dwal integrity of new towers should be required within 45 to 60 days of initial operation.
The definition of"abandonment" should also include the receipt of notice to FCC of intent
to cease operations. The ordinances otherwise differ in their details.
Comparison of ordinances and further recommendations:
Proposed North_ Miami,
Recommended
NoNo Whereas clauses Telecommunications Act Add.
and need to regulate
§33-304. Intent. Health, §2. Purpose. Also includes Expand to declare that
safety and welfare. minimization of number of telecommunication services
towers. are non-essential and to
include allowance of
additional towers onlv if
need demonstrated, provide
incentives to lease public
property, co-locate
facilities.
§33-306. Definitions. §3. Expanded.
Expand to define additional
teens.
-------------
The City of North Miami Ordinance No. 961 follows the Model Wireless
Telecommunications Towers and Antennas Ordinance. The model ordinance was copyrighted in
1996 by Varnum, Riddering, Schmidt & Howlett, LLP, Grand Rapid, Michigan. The law firm
states that it provides telecommunication legal sen ices to municipalities. The undersigned
represents that he purchased the right to use the law firm's model ordinance.
cw
Michael Smith, City Manager
September 18, 1997
Page 5
§4. Applicability. Applies Add.
to new towers and
antennas, with limited
exceptions; exempts
broadcasting facilities,
amateur radio stations and
receive only antennas; and,
provides that an AM array
shall be considered one
tower.
§5. General Requirement/ Revise proposed ordinance.
Minimum Standards.
Provides for principal or
accessory use, lot size,
inventory of existing sites,
engineering report,
aesthetics, lighting,
compliance with federal
requirements, building
codes and safety standards,
warnings, on-essential
service, franchise warranty,
no advertising, inspections,
co-location, and other
subjects.
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Michael Smith, City Manager
September 18, 1997
Page 6
§33-306. Telecom- §6. Permitted Uses. Add "tiered"-lease
munications Towers. Creates a "tiered" system. approach. Adopt form
¶1-¶4 Freestanding towers Towers and antennas on lease by separate
are permitted use in OS, city property are permitted resolution. Consider
M-1, M-2 and M-3 as of right under lease delegation to city manager.
districts; which satisfies general Add strengthened co-
guyed and lattice towers requirements and minimum location requirements.
permitted as special ex- standards. No review fee is
ception in same and C-3, required. Also, limits
C-4, IRO, IR and IG height (15 feet) and number
districts: ¶5 minimum (one) of rooftop towers,
requirements include and requires screening. No
development plan, permit review time
engineering certificate, specified.
height, setback and 250 §7. Administratively
foot separation from Approved Uses. Delegates
residential districts, to city manager approval of
aircraft li<azard, a) towers and antennas in
compliance with FCC industrial and commercial
emission standards, buf- planned developments, b)
fering, warnings, antennas on existing towers
equipment storage, and industrial, commercial,
removal of abandoned professional, institutional
buildings, no advertising, and multi-family ()8 units)
accessory buildings, color, structures and c)
non-interference with "alternative tower
public safety communi- structures" (i.e., "stealth"):
cation; ¶6 inspections; ¶7 provides standards.
requirement of special Provides for 30-day
exception permit for approval.
stealth and monopole; ¶8 §8. Special Use Permits.
hazardous conditions Prohibits new towers unless
prohibition: ¶9 existing applicant demonstrates that
towers, ¶10 supplemental no existing tower, structure
information. or technology can be used;
authorizes additional
conditions; requires
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Michael Smith, City Manager
September 18, 1997
Page 7
§33-307. Antennas Not 7�pde
ings or OtherLocated On Telecom- nt Storage.munications Towers. few standards for
¶1 Stealth rooftop or equipment storage
building mounted antennas buildings.
are permitted use in C-4,
C-3, IRO IR IG, B-3/M-1,
M-2, M-3, M-4, RM RIVI1,
RM2 and OS districts;
non-stealth rooftop or
building mounted antennas
permitted as special
exception in those districts
except RM RM I and
RM2; ¶2 minimum
standards (for screened
facilities) include no
advertising, no lighting
unless required by FCC or
FAA, limitation on size of
equipment building
(standards for unscreened
facilities include
limitations on building and
antenna heights [no
limitations for screened
facilities]); ¶3 antenna
types; ¶4 antenna
dimensions; ¶S aircraft
hazard; ¶6 supplemental
information.
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Michael Smith, City Manager
September 18, 1997
Page 8
§33-308. Shared Use of See §8, ¶1. Availability of Adopt stricter requirements
Communications Suitable Existing Towers, to facilitate co-location on
Antennas. Encourages Other Structures, or city owned or leased, or
good faith effort to co- Alternative Technology other telecommunication
locate towers and antennas for strict requirement to facility.
with other provide evidence, to the
"communication satisfaction of the city, that
providers." See also, §33- facility cannot be co-
306, 1[10)G) located. Provides
Supplemental expedited 30-day action of
information. co-located facilities.
§33-309. Applications.
Requires prompt action on
applications by city.
Anticipates separate
resolutions regarding fees
and leases.
See §33-306, ¶J, requiring §10. Removal of Add. Require security.
removal of abandoned Abandoned Antennas and
towers within 90 days; Towers. Requires removal
providing that a tower is at owner's expense within
abandoned when not used 90 days of receipt of notice
for 180 consecutive days. by city; provides that a
facility is abandoned when
not operated for 12
continuous months.
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Michael Smith, City Manager
September 18, 1997
Page 9
§11. Nonconforming Uses. Add.
Prohibits expansion of
nonconforming facilities;
allows rebuilding of
damaged or destroyed
facilities to not greater than
original height or intensity,
must comply with building
standards (wind loading) be
built in 180 days.
§12. Protection of City Add.
and Residents. Provides
for indemnification and
insurance requirements.
§13. Penalties. Provides Add.
criminal misdemeanor
penalties for knowing
violations and civil
penalties of up to $10,000
per day.
§15. Access to Books and Add.
Records. Requires
operator to maintain and
allow inspection of
construction, operating and
maintenance documents,
and notices of deficiency,
forfeiture and bankruptcy
documents.
Conclusion: The proposed ordinance should be modified to strengthen the
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protections.
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Michael Smith, City Manager
September 18, 1997
Page 10
It was a pleasure reviewing and commenting on the proposed ordinance. Please call
me if I can be of further assistance on this important matter.
Very truly yours,
Earl G. Gallop
EGG/sgs
Attachments
dmauelezon.mem
MEMORANDUM
TO: Michael Smith, City manager
FROM: Terry L. Virta, AICP /
Growth Management irector
SUBJECT: Cellular Tower Ordinance
DATE: September 3, 1997
On Tuesday, September 9, 1997 the City Commission is scheduled to
hold the Second Public Hearing on the Cellular Tower Ordinance. They had
Previously continued this item so that staff could revise the draft and the Planning
and Zoning Commission could hold a public hearing.
Staff has mseparate occasions with representatives of the cellular tel pho eeinon two
dustry
Subsequently several major revisions have been made to the draft ordinance.
The Planning and Zoning Board after holding their hearing on this matter
recommended unanimously that the of the draft ordinance is attached. City Commission approve the draft. A copy
Staff also met with Special Counsel, Earl Gallop to get his opinion on the
draft ordinance. Because of his schedule, he will not be able to conduct an in-
depth review prior to September 9, 1997. He has requested that the City
Commission continue this item for an additional two weeks in order for there to
be sufficient time to review the draft ordinance.
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Date: 11-17-97 Agenda Item#:
Title:
VA-31-97 VARIANCE REQUEST BY MARIO DUCAS 140 SE 2ND CT., DANIA
Requested Action:
PUBLIC HEARING FOR VARIANCE FROM SET BACK REQUIREMENTS
Summary Explanation &Background:
REQUEST BY MARIO DUCAS FROM SIDE YARD SET BACK OF 3 FEET AND REAR YARD
SET BACK OF 7 FEET DUE TO THE CONSTRUCTION OF AN EXISTING SHED. THE CODE
OF ORDINANCES CALLS FOR A 10 FOOT SET BACK ON BOTH SIDE AND REAR YARD.
Exhibits(List):
MEMORANDUM FROM TERRY L. VIRTA, AICP-GROWTH MANAGEMENT DIRECTOR
PUBLIC HEARING NOTICE
APPLICATION
LOCATION MAP
Purchasing Approval:
Prepared By:
TERRY L. VIRTA, AICP-GROWTH MANAGEMENT DIRECTOR
Source of Additional Information: (Name & Phone)
Recommended for Approval By:
DENIED BY PLANNING AND ZONING BOARD
Commission Action:
Passed ❑ Failed ❑ Continued ❑ Other ❑
Comment:
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1 City Manager City Clerk
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ACGIMDA ALMUL44 PoOG° N
Date: 11-17-97 Agenda Item#:
Title:
VA-31-97 VARIANCE REQUEST BY MARIO DUCAS 140 SE 2ND CT., DANIA
Requested Action:
PUBLIC HEARING FOR VARIANCE FROM SET BACK REQUIREMENTS
Summary Explanation&Background:
REQUEST BY MARIO DUCAS FROM SIDE YARD SET BACK OF 3 FEET AND REAR YARD
SET BACK OF 7 FEET DUE TO THE CONSTRUCTION OF AN EXISTING SHED. THE CODE
OF ORDINANCES CALLS FOR A 10 FOOT SET BACK ON BOTH SIDE AND REAR YARD.
Exhibits (List):
MEMORANDUM FROM TERRY L. VIRTA, AICP-GROWTH MANAGEMENT DIRECTOR
PUBLIC HEARING NOTICE
APPLICATION
LOCATION MAP
Purchasing Approval:
Prepared By:
TERRY L. VIRTA, AICP-GROWTH MANAGEMENT DIRECTOR
Source of Additional Information: (Name&Phone)
Recommended for Approval By:
DENIED BY PLANNING AND ZONING BOARD
Commission Action:
Passed ❑ Failed ❑ Continued ❑ Other ❑
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Comment:
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City Manager City Clerk
MEMORANDUM
TO: Michael Smith
City Manager
FROM: Terry L. Virta, AICP e
Growth Management Dire r
RE: VA-31-97-Variance Request for Mario Ducas (shed)
Date: November 14, 1997
This item is scheduled to be heard by the City Commission at their November 25,
1997 Meeting. The applicant is requesting a side yard setback of 3 feet and a rear yard
setback of 7 feet. The Zoning Ordinance requires accessory structures to have a
setback in both cases of 10 feet. The applicant indicates that in 1993 he replaced an
existing structure with the one that is currently in place. The work was done with out the
benefit of a building permit so that setbacks were not verified at the time of construction.
Staff reported to the Planning and Zoning Board that in reviewing the petition
they could not find any substantive justification to support the request for the variance
other than the structure already exists in that location. The applicant provided evidence
that there are numerous similar structures in the area that do not meet set back
requirements. Unfortunately, that evidence in itself does not support the argument for
hardship. Staff has as a result of its review found the following:
1. That there are not special conditions and circumstances that exist that are
peculiar to this site, in fact the applicant has argued that the location is
convenient for his needs;
2. There do not appear to be special circumstances or conditions except those
that are the result of the applicant, except that an existing structure was
replaced in the same location.;
3. The granting of the variance would not grant any right upon the applicant that
is not enjoyed by other properties in the same zoning district;
4. If the variance was not approved, the applicant could still have an accessory
storage shed and meet the set back requirements so he would not be denied
any privilege enjoyed by other properties in the district;;
5. The building can be located so that it meets set backs, so the request is not
the minimum required to accommodate the use;
6. If approved, the building would be located in a manner that is not possible for
j other similar structures in the district;
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RECOMMENDATION
The Planning and Zoning Board following their Public Hearing on this matter
recommend that the City Commission deny this request. They do not feel that there has
been adequate evidence of hardship presented. Staff also recommends that this
request be denied.
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1
NOTICE OF PUBLIC HEARING BEFORE
THE PLANNING AND ZONING BOARD AND
THE CITY COMMISSION
OF THE CITY OF DANIA, FLORIDA
REGARDING THE FOLLOWING REQUESTED
VARIANCE
NOTICE IS HEREBY GIVEN that the Planning and Zoning Board on October 15, 1997 and the City
Commission of the City of Dania, Florida on, November 25, 1997, at 7:30 P.M. or as soon thereafter
as the matter may be heard, will conduct a public hearing in the City Commission Meeting Room of
the Dania City Hall, 100 West Dania Beach Boulevard, Dania, Florida, to consider the following
proposed Ordinance.
Petition No.: VA-31-97 -The request of Mario Ducas for a variance from side and rear yard setback
requirements for an accessory building at 140 SE 2n° Ct.. Section 5.44 (a)(1) of the zoning code
requires accessory structures to have 10' side and rear yard setbacks. The proposed shed is
approximately 3' from the side yard lot line and approximately 7' feet from the rear property line.
The legal description of the site is: Lots 19, 20 and the south 10' of 21, Block 4, in Mason
Subdivision according to the plat thereof recorded in Plat Book 14 at Page 19 '/, of the Public
Records of Broward County, Florida.
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE PLANNING AND
ZONING BOARD OR THE CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED
AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR
SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON
WHICH THE APPEAL IS TO BE BASED.
Lodi Ann Cunningham, Administrative Asst.
Location
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CITY OF DANIA
100 WEST DANIA BEACH BOULEVARD
DANIA, FLORIDA 33004
305/921-8700
APPLICATION NUMBER DATE FILED
APPLICATION FOR VARIANCE
The undersigned petitions the City rommission of the City of Dania,
Florida to consider the variance of the parcels) of land described in
this application.
NAME OF APPLICANT: Mario Duca❑
ADDRESS OF APPLICANT: 140 S.E. 2nd Ct. PHONE: 926-5980
PROPERTY INTEREST OF APPLICANT: Owner
NAME AND ADDRESS OF PROPERTY OWNER ( IF NOT THE APPLICANT) :
ADDRESS AND LEGAL DESCRIPTION OF SUBJECT PROPERTY: 140 S.E. 2nd Ct.
Dania, F1. 33004. Lot 19, 21 Block 4 Mason
ZONING CLASSIFICATION: LOT SIZE: AREA:
PRESENT USE: Single Family Home
DESCRIPTION OF THE VARIANCES) REQUESTED: Set back of shed.
LIST THE NAMES AND ADDRESS OF ANY EXPERTS (PLANNER, ARCHITECT,
ATTORNEY, ECT. IF ANY) :
PLEASE COMPLETE THIS PORTION OF THE APPLICATION CAREFULLY. EACH
REQUEST FOR A VARIANCE .MUST STAND ON ITS OWN MERITS WITHOUT REGARD TO
ANY OTHER PROPERTY.
The following questions pertain to the criteria upon which the City
Commission and Planning and Zoning Board consider if a variance will
not be contrary to the public interest where, owing to special
conditions, a literal enforcement of the zoning of the zoning code
will result in unnecessary and undue hardship.
1. Describe how special conditions and circumstances exist which are
peculiar to the land, structure or building involved and which are
not applicable to other lands, structures or buildings in the same
zoning district.
The reason far the necessity of a variance for my shed 'is
to enable me to install a pool in the near future. It should
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also be noted that a survey of the zoning district reveals that this
condition exists in similar circumstances. Also I have a three
year old son whom I like to toss the ball with, so I find it necessary
to have as much yard space as possible.
y.
2. Provide evidence that the special conditions and circumstances
do not result from the actions of the applicant.
I replaced the shed with a new shed back in 1993 as the old shed
was deteriorating. The new shed was installed in the exact
same location.
3. Describe how granting the requested variance(s) will not confer
any special privilege on the applicant that is denied by the
zoning code to other lands, buildings or structures in this same
zoning district.
I_ do not not see any special privilaqe given of this requested
variance as this condition exists throughout the zoning district.
4. Provide evidence that the literal interoretaion of the provisions
of the zoning code would deprive the applicant of rights commonly
enjoyed by other properties in the same zoning district and would
work unnecessary and undue hardship on the applicant.
As described above this condition exists throughout the zoning
district. It would also let or deprive me im my selection of
a swimming pool in reference to sizes and shape.
5. Describe how the requested variance is the minimum variance that
will make possible the reasonable use of the land, building or
structure.
Again as described above, maximum yard space is requested
as to provide for ample yard usage.
6. Explain how the grant of the variance(s) will be in harmony with
the general intent and purpose of the zoning code, and that such
variance(s) will not be injurious to the area involved or other-
wise detrimental to the public welfare.
phis condition is_not .detrimental to the public .welfare nor
.is it ini.grious. i also feel this variance will be in harmony
. withzonings i-ntpnt,
7. Please add any other comments which may assist the City Commission
and the Planning and Zoning Board in reviewing this request.
It should be noted again that my yard is fenced in and said
variance does not intefere with my adjacent neighbor. The added
set back provides greater privacy to my back yard from S E 2nd St.
NOTE: ALL SIGNATURES MUST BE NOTARIZED BY ORDER OF THE DANIA
CITY COMMISSION.
S gna Lure of Pelt•loner
Sworn to and subscribed before me this_day of 19
Commission Expires:
Notary Public
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FOR USE WHEN PETITIONER IS NOT OWNER OF SUBJECT PROPERTY:
THIS IS TO CERTIFY THAT I AM THE OWNER OF THE SUBJECT LANDS
DESCRIBED ABOVE IN THE PETITION FOR VARIANCE AND THAT I HAVE
AUTHORIZED TO MAKE AND FILE THE
AFORESAID PETITION FOR VARIANCE.
• Signature of Owner
Street Address, City, State & Zip
Telephone
Sworn to and subscribed before me this_day of - 19_
Commission Expires:
Notary Public
TO BE COMPLETED BY OFFICE STAFF ONLY
MATERIALS INCLUDED
Plans Sketches
Survey Fee
List of Adjacent Property Owners
THIS FORM TO BE FILED WITH THE CITY OF DANIA'S GROWTH MANAGEMENT
DEPARTMENT.
ACCEPTED BY:
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ORDINANCE NO. 11-89
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA
AMENDING SECTION 10.13 OF ARTICLE 10, CHAPTER
28 OF THE CODE OF ORDINANCES OF THE CITY OF
DANIA, FLORIDA, TO PROVIDE FOR A ONE (1) YEAR
LIMITATION ON VARIANCES FROM THE TERMS OF SAID
CHAPTER 28; AND 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.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
Section 1. That Section 10. 13 of Article 10, Chapter 28 of
the Code of Ordinances of the City of Dania, Florida, be and the
same is hereby amended to read as follows:
"10.13. VARIANCES. Authorize upon ap
peal ppeal such variance from
the terms of the chapter as will not be contrary to the public
interest where, owing to special conditions, a literal enforcement
of the provisions of this chapter will result in unnecessary and
undue hardship. In order to authorize any variance from the terms
of this chapter, the city commission must and shall find:
(a) That special conditions and circumstances exist which
are peculiar to the land, structure or building involved
and which are not applicable to other lands, structures
or buildings in the same zoning district;
(b) That the special conditions and circumstances do not
result from the actions of the applicant;
(c) That granting the variance requested will not confer on
the applicant any special privilege that is denied by
this chapter to other lands, buildings or structures in
this same zoning district;
(d) That literal interpretation of the provisions of this
chapter would deprive the applicant of rights commonly
enjoyed by other properties in the same zoning district
under the terms of. this chapter and would work
unnecessary and undue hardship on the applicant;
(a) That the variance granted is the minimum variance that
will make possible the reasonable use of the land,
building or structure.
(f) That the grant of the variance will be in harmony with
the general intent and purpose of this chapter, and that
such variance will not be injurious to the area involved
or otherwise detrimental to the public welfare.
In granting any variance, the city commission may prescribe
appropriate conditions and safeguards in conformity with this
chapter. Violation of such conditions and safeguards, when made a
part of the terms under which the variance is granted, shall be
deemed a violation of this chapter. The city commission may
prescribe a reasonable time limit within which the action for
which the variance is required shall to begun or completed or
both; however, no time limit for same shall exceed one (1) year
Ordinance No. 11-89
from the date such variance is granted and approved by the city
commission, unless said one (1) year limit is extended by the city
commission after a written application for such extension is filed
with the Building and Zoning Department by the affected party.
Under no circumstances, except as permitted above, shall the city
commission grant a variance to permit a use not generally or by
special exception permitted in the zoning district involved or any
use expressly or by implication prohibited by the terms of this
chapter in the zoning district. No nonconforming use of
neighboring lands, structures or buildings in the same zoning
district and no permitted use of lands, structures or buildings in
other zoning districts shall be considered grounds for the
authorization of a variance."
Section 2. That except as herein amended, all other
provisions of Section 10.13 of Article 10, Chapter 28 of the Code
of Ordinances of the City of Dania, Florida, shall remain in full
force and effect.
Section 3. That all ordinances or parts of ordinances and
all resolutions or parts of resolutions in conflict herewith be
and the same are hereby repealed to the extent of such conflict.
Section 4. That this ordinance shall be in force and take
effect immediately upon its final passage and adoption.
PASSED and ADOPTED on First Reading on the 10 day of
January 1989.
PASSED and ADOPTED on Second and Final Reading on the
24 day of January 1989.
rtAYO (.OMM SSIO
ATTEST: CC//
CITY CLERK - AUDITOR
APPROVED AS TO FORM�, AND CORRECTNESS
By: C 4&tll
FRANK C. ADLER, City Attorney
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LEE D. GLASSMAN
I LAW OFFICES
A PROFESSIONAL ASSOCIATION
j 2500 Weston Road
Suite213 ---- ___
WESTON,FLORIDA 33326 ___--------
Telephone: (954) 385-9297
Facsimile: (954)384-1866
E-Mail:glassman@icanect.net
LEE D.GLASSMAN* Satellite Offices:
`Also Admitted To Maryland -Fort Lauderdale
-Miami
-Boca Raton
VIA FAX AND REGULAR MAIL
November 25, 1997
Michael Smith
City Manager
City of Dania
100 West Dania Beach Boulevard
Dania, Florida 33004
RE: Variance Application of Mario Ducas
Petition No.: VA-31-97
Dear Mr. Smith:
Please be advised that this office has been retained by Mario Ducas with regard to this Variance
application currently set for a hearing in the City Commission Meeting Room of the Dania City Hall on
today's date at 7:30 p.m.
Unfortunately, I have an emergency which has come up unexpectently which will prohibit me
from attending tonight's hearing. I have informed my client of same and I am sending this letter as a
request for a continuance of this hearing until your December 9, 1997 calendar.
Please understand that this is the first continuance being asked for by the Petitioner and he does
have every right to counsel for these types of hearings. Unfortunately, ) cannot prevent certain situations
from taking place which are out of my control and would therefore ask for your cooperation and
understanding in grating this continuance.
Again, thanking you in advance for your professional courtesy and understanding in this regard,
Iam,
Very truly yours,
LtEb. GLASSMAN, ESQUIRE
LDG/hjf
cc: Mario Ducas
G°QU���1DQ QSQM284 PORN
CITY OO ; LOANIA
� Date: 11-18-97 Agenda Item#:
Title:
VA-34-97-VARIANCE REQUEST BY DAVID MERRIKEN,AMO PLANS 900 SW 2 AVE
Requested Action:
PUBLIC HEARING FOR VARIANCE FROM HEIGHT REQUIREMENTS
Summary Explanation & Background:
THE VARIANCE WOULD ALLOW THE CONSTRUCTION OF A 13'4" HIGH WALL TO
PROVIDE HEIGHTENED SECURITY AND TO ALLOW FOR THE PLACEMENT OF A SIGN.
THE CURENT HEIGHT THAT THEY ARE ALLOWED UNDER THE ZONING CODE IS SIX(6)
FOOT.
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Exhibits (List):
MEMORANDUM BY TERRY L.VIRTA, AICP -GROWTH MANAGEMENT DIRECTOR
PUBLIC HEARING NOTICE & LOCATION MAP
VARIANCE APPLICATION
Purchasing Approval:
it
Prepared By:
TERRY VIRTA, AICP-GROWTH MANAGEMENT DIRECTOR
Recommended for Approval By:
PLANNING AND ZONING BOARD
Commission Action:
Passed ❑ Failed ❑ Continued ❑ Other ❑
Comment:
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City Manager City Clerk
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1 MEMORANDUM
TO: Michael Smith
City Manager
FROM: Terry L. Virta, AICP t
Growth Management Director
RE: VA-34-97 AMO Fence Variance Request
Date: November 19, 1997
This is a request by the American Maritime Officers Association for a variance to allow
the construction of a wall 13' 4" to provide heightened security and to allow for the
placement of a sign. The current height that they are allowed under the Zoning
Ordinance is six (6) foot. The location is that of a facility which was previously known as
the Thunderbird Motel. The property has been acquired by the AMO and is currently
being renovated. As a part of the renovation, the pool facilities are also being
upgraded.
The applicant has argued that there is a high degree of destruction of property in the
area. They claim that the majority of the vandalism is from minors living in the area.
They further claim that although those responsible are often arrested, they are quickly
released and repeat their offenses upon the property.
The applicant also points out that they are a not for profit organization and that they are
not in competition with merchants in the area. Therefore, the granting them of the right
to build the proposed sign would not give them any form of unfair competitive
advantage. It is also their opinion that the sign is aesthetically appealing representing a
marked improvement over previous construction.
They further argue that children find it easy to climb over the six-foot fence, thus
invading the pool area and other portions of the property. They feel that this creates a
serious security problem. They further point out that it posses as a safety threat to the
trespassers as well. In the applicants opinion the variance is required for the following
reasons:
1. Will reduce/prevent trespassing by neighborhood minors;
2. Will eliminate or greatly reduce vandalism;
3. A greater degree of privacy will be provided to the property; and,
4. The sign will be at a height, which while aesthetically pleasing will be high
jenough to protect it from vandalism.
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RECOMMENDATION
The applicant has offered significant argument to support his request. The Planning
and Zoning Board, however, has not had an opportunity to review this request at the
time this memo was prepared. They are meeting on November 19, 1997 and the
results of their hearing will be reported to the City Commission at their Meeting.
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NOTICE OF PUBLIC HEARING BEFORE
THE CITY COMMISSION
OF THE CITY OF DANIA, FLORIDA
REGARDING THE FOLLOWING REQUESTED
VARIANCE
NOTICE IS HEREBY GIVEN that the Planning and Zoning Board, on November 19, 1997 at 7:30
P.M. and the City Commission of the City of Dania, Florida on, November 25, 1997, at 7:30 P.M., or
as soon thereafter as the matter may be heard, will conduct a public hearing in the City Commission
Meeting Room of the Dania City Hall, 100 West Dania Beach Boulevard, Dania, Florida, to consider
the following proposed variance request.
VA-34-97 - The request of David Merriken as representative for American Maritime Officers
Plans (AMO Plans) for a variance request for property located at 900 SW 2NO Ave.. The
request is for permission to construct a wall, with a sign, 13'4" high which would exceed the
maximum height limitation. Chapter 28, Article 5.36 states that "Walls, fences or hedges may
be located or constructed within the required yard areas and shall conform to the following
regulations: (a) Front yard. Walls, fences and/or hedges located between the front building line
and the street right-of-way line shall not exceed four (4) feet in height; and (b) Side and rear
yards. Walls, fences and/or hedges located between the side or rear building line and the side
or rear lot line shall not exceed six (6) feet in height. This includes the rear street yard of a
through lot and the required street side yard of a corner lot."
The property is legally described as: Lots 1 and 2, Block 1, and Lots 7 to 18 inclusive, Block 2, of
"Woodhaven", according to the amended plat thereof, recorded in Plat Book 10, Page 56, of the
public records of Broward County, Florida; and all that part of the East ''/2 of the Southwest '/, of the
Northeast % of the Southwest % lying Northwesterly of the County Road (Old Dixie Highway) in
Section 3, Township 51 South, Range 42 East, Broward County, Florida; Less a 25 foot wide strip
lying Northwesterly of the centerline of Dixie Highway, as now located, said 25 foot wide strip being
bounded on the Southeast by said centerline and on the Northwest by a line 25 feet from and parallel
to said centerline for right-of-way purposes.
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE PLANNING AND
ZONING BOARD AND THE CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED
AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR
PURPOSESUCH ENSURE
PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMON AND EVIDENCE UPON
WHI�H THE APPE // IS TO BE BASED.
—C4ANN CUNNIN AM, ADMIN. ASST. Location Map on back
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C DANIA AMEND D P
71'0 '�9 i N 201�
\ MORTAL pl , It Q ,
2' 48
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CITY OF DANIA
100 WEST DANIA BEACH BOULEVARD
DANIA, FLORIDA 33004
1/ 305/921-8700
APPLICATION NUMBER yA-.3 97 DATE FILED_10-�7-q7
APPLICATION FOR VARIANCE
The undersigned petitions the City Commission of the City of Dania,
Florida to consider the variance of the parcel(s) of land described in
this application.
NAME OF APPLICANT: David Merriken (AMO Plans)
2 [vest Dixie Hwy. , Dania F1 1-800-249-8200
ADDRESS OF APPLICANT: y. , , . PHONE: gxt. 760,
Property is leased to the AMO Plans.
PROPERTY INTEREST OF APPLICANT: Applirant repregants AMC) Plans
NAME AND ADDRESS OF PROPERTY OWNER (IF NOT THE APPLICANT) :
BUILDING CORPORATION OF FLORIDA , 2 West Dixie Hwy. , Dania, F1. 33004
ADDRESS AND LEGAL DESCRIPTION OF SUBJECT PROPERTY: See attached Survey
by Berry & Calvin, Inc. , dated 8-20-92.
ZONING CLASSIFICATION: C-2 LOT SIZE:See AREA:Survey.
PRESENT USE: Pool/Patio Area & Security Office
DESCRIPTION OF THE VARIANCE(S) REQUESTED: Permission to construct a Wall/
Sign that exceeds the maximum height limitation as se y e
City of Dania. See enclosed drawing(s) and rendering of wall.
LIST THE NAMES AND ADDRESS OF ANY EXPERTS (PLANNER, ARCHITECT,
ATTORNEY, ECT. IF ANY) :
David Zelch, Architect
Zelch and McMahon, Architects
17 N.E. 4th Street, Ft. Lauderdale, F1 33301 (954) 525-0975
PLEASE COMPLETE THIS PORTION OF THE APPLICATION CAREFULLY. EACH
REQUEST FOR A VARIANCE MUST STAND ON ITS OWN MERITS WITHOUT REGARD TO
ANY OTHER PROPERTY.
The following questions pertain to the criteria upon which the City
Commission and Planning and Zoning Board consider if a variance will
not be contrary to the public interest where, owing to special
conditions, a literal enforcement of the zoning of the zoning code
will result in unnecessary and undue hardship.
1. Describe how special conditions and circumstances exist which are
peculiar to the land, structure or building involved and which are
not applicable to other lands, structures or buildings in the same
zoning district.
See enclosed Exhibit Statement # 1
I
Provide evidence that the special conditions and circumstances
do not result from the actions of the applicant.
See enclosed Exhibit Statement # 1
3. Describe how granting the requested variance(s) will not confer
any special privilege on the applicant that is denied by the
zoning code to other lands, buildings or structures in this same
zoning district.
See enclosed Exhibit Statement # 1
4. Provide evidence that the literal interpretaion of the provisions
of the zoning code would deprive the applicant of rights commonly
enjoyed by other properties in the same zoning district and would
work unnecessary and undue hardship on the applicant.
See enclosed Exhibit Statement # 1
5. Describe how the requested variance is the minimum variance that
will make possible the reasonable use of the land, building or
structure.
See enclosed Exhibit Statement # 1
6. Explain how the grant of the variance(s) will be in harmony with
the general intent and purpose of the zoning code, and that such
variance(s) will not be injurious to the area involved or other-
wise detrimental to the public welfare.
See enclosed Exhibit Statement # 1
7. Please add any other comments which may assist the City Commission
and the Planning and Zoning Board in reviewing this request.
See enclosed Exhibit Statement # 1
NOTE: ALL SIGNATURES MUST BE NOTARIZED BY ORDER OF THE DANIA
CITY COMMISSION. Zi
Signature ot Peltioner
Sworn to and subscribed before me this day ofk /L 19 9
Commission Expires:
ffolary P blic
JENNIFER LYIIx
.`OGomm E+p B��/70
NO GGSE6f]B
novruw u�..n II o,✓�o
r
y
FOR USE WHEN PETITIONER IS NOT OWNER OF SUBJECT PROPERTY:
THIS IS TO CERTIFY THAT I AM THE OWNER OF THE SUBJECT LANDS
DESCRIBED ABOVE IN THE PETITION FOR VARIANCE AND THAT I HAVE
AUTHORIZED aLC:4-1 AHD HI4
r1,4 TO MAKE AND FILE THE
. AFORESAID PETITION FOR VARIANCE'.
i / C
Signature of Owner
Sr/treet Address, City, St to & Zip
Telephone //�
Swo to and subscribed before me thisji 4-day of c&—Liq E
� Commis sinq_Expires,:._,,,,
Notary Public i ;.<.::�•
TO BE COMPLETED BY OFFICE STAFF ONLY
MATERIALS INCLUDED
Plans Sketches
Survey Fee
List of Adjacent Property Owners
THIS FORM TO BE FILED WITH THE CITY OF DANIA'S GROWTH MANAGEMENT
DEPARTMENT.
ACCEPTED BY:
i
" EXHIBIT STATEMENT
THERE IS A HIGH DEGREE OF DESTRUCTION OF PROPERTY IN THE
NEIGHBORHOOD. THE MAJORITY OF THE VANDALISM IS FROM
RESIDENTS CLASSIFIED AS MINORS BY THE SHERIFF'S DEPARTMENT.
THESE MINORS HAVE BEEN REPEATEDLY ARRESTED FOR DESTRUCTION OF
PROPERTY, BUT THEY ARE RELEASED AND CONTINUE TO DAMAGE AMO
PROPERTY.
THE AMERICAN MARITIME OFFICERS PLANS IS A NON PROFIT
ORGANIZATION WHICH DOES NOT COMPETE WITH OTHER BUSINESSES IN
THE COMMUNITY. THE SIGNAGE WOULD NOT GIVE US AN UNFAIR
COMMERCIAL ADVANTAGE. EXCEPT FOR THE TRAILER PARK AT THE S.E.
CORNER OF DIXIE HWY. AND S.W. 2ND AVE., AMO OWNS THE
SURROUNDING PROPERTY THAT IS CONTIGUOUS TO THE LOCATION OF
THE WALL/SIGN.
THE WALL / SIGN WILL BE AESTHETICALLY PLEASING AND A MARKED
IMPROVEMENT OVER THE PRIOR CONSTRUCTION.
CHILDREN CONTINUOUSLY CLIMB OVER THE SIX FOOT HIGH WALLS AND
INVADE THE POOL AREA AND OTHER AREAS OF OUR PROPERTY. THIS
PRESENTS A SECURITY PROBLEM FOR OUR MEMBERS AND OUR PROPERTY.
IT IS ALSO A SERIOUS SAFETY PROBLEM.
IN SUMMARY, A SIX FOOT HIGH WALL AT THIS LOCATION ON OUR
PROPERTY WOULD SERVE NO PURPOSE THE WALL HEIGHT VARIANCE IS REQUIRED FOR THE FOLLOWING REASONS. IS
I. TO REDUCE/PREVENT THE NEIGHBORHOOD MINORS
FROM ENTERING OUR PROPERTY.
2. TO REDUCE/ELIMINATE THE DESTRUCTION OF OUR
PROPERTY BY NEIGHBORHOOD MINORS.
3. TO PROVIDE MORE PRIVACY AND SECURITY FOR OUR
MEMBERS.
4. TO PROVIDE AN AESTHETICALLY PLEASING WALL/SIGN THAT
IS AT A HEIGHT THAT REDUCES/PREVENTS DAMAGE TO
THE EXPENSIVE SIGNAGE.
THE INSTALLATION OF A SIX FOOT HIGH WALL WILL PUT AN UNDUE
HARDSHIP ON AMO PROPERTY AND IT'S MEMBERS. THIS IS A
SITUATION THAT HAS BEEN IMPOSED ON US AND THAT IS WHY A WALL
HEIGHT VARIANCE IS RE UIRED .
Y \
WuCGJDG%� l�L�IJL��' ��Q�J
�u�r�r u� ua�uW
i Date: 11-18-97 Agenda Item#:
i I
1
Title:
VA-25-97-VARIANCE REQUEST BY TITAN MARITIME
Requested Action:
PUBLIC HEARING FOR VARIANCE FROM SET BACK REQUIREMENTS FOR PROPERTY
LOCATED AT 410 SW 4T"TERRACE, DANIA.
Summary Explanation & Background:
REQUEST BY ROBERT VICK, ARCHITECT FROM REAR AND SIDE YARD SET BACK
REQUIREMENTS AND LANDSCAPE REQUIREMENTS. TITAN MARITIME WOULD LIKE TO
CONSTRUCT A 1-STORY CBS CHEMICAL BAY ACCESSORY BUILDING AT THE
SOUTHEAST CORNER OF THEIR PROPERTY. THE FIRST VARIANCE REQUEST IS TO
ALLOW THE USE OF A 10' SET BACK FROM THE REAR(SOUTH)AND A 0' SET BACK ON
THE SIDE (EAST) PROPERTY LINE WHERE THE CODE CALLS FOR 20' ON BOTH SIDE AND
REAR YARDS. THE SECOND VARIANCE REQUEST IS FROM LANDSCAPE
REUQUIREMENTS FOR AREAS SEPARATING BUSINESS, COMMERICAL AND INDUSTRIAL
PROPERTY FROM RESIDENTIAL PROPERTY.
Exhibits (List):
MEMORANDUM FROM TERRY L. VIRTA, AICP—GROWTH MANAGEMENT DIRECTOR
LOCATION MAP
PUBLIC HEARING NOTICE
APPLICATION
Prepared By:
TERRY L. VIRTA,AICP-GROWTH MANAGEMENT DIRECTOR
Source of Additional Information:
SEE REFERENCED SITE PLAN SP-27-97
Recommended for Approval By:
PLANNING AND ZONING BOARD
Commission Action:
Passed ❑ Failed ❑ Continued ❑ Other ❑
i
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Comment:
I
- i
City Manager City Clerk
v �
y - -
1
- = MEMORANDUM
i
TO: Michael Smith
City Manager
FROM: Terry L. Virta, AICP
Growth Management irer'''
i
RE: VA-25-97 Titan Maritime Variance Request
SP-27-97 Titan Maritime Site plan Request
Date: Novem
ber 14, 1997
At their November 25, 1997 Meeting the City Commission is scheduled to hear two
items pertaining to the construction of a small storage building adjacent to their existing
structure. The request is by Richard Fairbanks of Titan Maritime Industries,
represented by Robert Vick Architects for property located at 410 SW 4ch Terrace.
VARIANCE BACKGROUND
The first part of this request consists of a two part variance. The first part of the
variance is for relief from side and rear yard setback requirements. The applicant
wishes to construct a small storage building adjacent to the eastern property line and
ten feet from the southerly line. In both cases the requirement is 20 feet. The property
currently has a one story warehouse building which makes any additional building
activity on the site extremely difficult. Land to the south is zoned industrial and is
currently vacant. Land to the east is zoned residential but is occupied by the existing
rail line. It does not appear to feasible to accommodate the proposed building without
the benefit of a variance.
The second part of the variance is relief from the landscaping provisions of the City
Code. The applicant is requesting a zero setback from the eastern property line. As
mentioned above the land use to the east is the railroad, however, this land is zoned
residential. The vegetation requirements call for a ten foot buffer strip when separated
by a road, alley, or other open space. In this case the property is separated from
residential not only by a street but the railroad as well. It would seem that this is an
instance where the requirements should be waived.
i
The Planning and Zoning board at their October 15, 1997 regular meeting
recommended approval of the request for variances with the stipulation that the site
plan is revised to include additional landscaping along the buffer strips to the east and
west property lines and the southern boundary line and an irrigation plan to support
such.
r
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SITE PLAN BACKGROUND
The site plan for this project is relatively straightforward. It is necessitated by the fact
that the new building exceeds 500 square feet. The applicant has submitted a revised
site plan which indicates landscaping along the buffer strips to the east and west
property lines, as well as the southern boundary in an area where there will not be a
building located. The applicant has also noted on the site plan that the existing
landscape irrigation system shall remain and that any irrigation lines affected by new
landscaping, shall be re-established.
The Planning and Zoning Board recommended approval of the site plan application,
contingent upon the recommendations made to the variance request regarding
landscaping and irrigation.
RECOMMENDATION
Staff recommends that the City Commission approve the proposed variance and site
plan requests. Staff will attempt to answer any questions pertaining to the criteria set
forth in the variance application at the hearing set for November 25, 1997.
CITY OF DANIA I
100 WEST DANIA BEACH BOULEVARD ,Y
DANIA, FLORIDA 33004 '��Il(•'I''l 305/921-8700 jJ
APPLICATION NUMBER VA-Z-q I DATE FILED
APPLICATION FOR VARIANCE
The undersigned petitions the City Commission of the City of Florida to consider the variance of the parcel(s) Dania,
of land described in
this application.
NAME OF APPLICANT: TITAtJ MAr--IT]Mr, INr7WT-p-f�� rl(A A1TT.1 �� IRV I R11zU'AN
ADDRESS OF APPLICANT., P.C. bo7(. 350.(yy �.9^r. 39D3S
i .� PHONE: 'if 4'•gTn• y2c
PROPERTY INTEREST OF APPLICANT: oWNBfc-
NAME AND ADDRESS OF PROPERTY OWNER (IF NOT THE APPLICANT) : 9AHr, /#o j&W
ADDRESS AND LEGAL DESCRIPTION OF SUBJECT PROPERTY:
q 10 9.iJ. + -tr.t-rA, pANIAt F"• 3'i0I�'
A'•W ,P �T-nt 7• 8�, TRACE p Lr*/ T%Ie, WFf4T Yid
tT IIZ.BI ar rrn-T'o' +C,ewrkc TRACT » hDVrT -- - — TM6 WCGf 1110 1 A*o-Wm
9s0� al v
ZONING CLASSIFICATION: I -f ImIX 14.71 LOT SIZE:R.va. AREA: 3/ 7y0 fR
PRESENT USE: .'6H0vog I:wrx 190
DESCRIPTION OF THE VARIANCES) REOUESTED: Hf6• ARs R-a4VEssnnlG A• I A2.
TO HVILp It CFICMIGAL 8A WITM A
01 Ss ALK Febl •*Ifs :NmEr : 'Aft P"Fer•T
LINT wnFrs h wl I9 FLeoir•Ev. ANv ,71
ON e/KT (�RIVA pA,yT *-AII.NAY 1
WH¢Kr: 20l 15 FrirPvlRcv. J
LIST THE NAMES AND ADDRESS OF ANY EXPERTS (PLANNER, ARCHITECT,
ATTORNEY, ECT. IF ANY) :
P'C9EKT J16K- Arefln-ee i 117 SHI. I T 7ANf/. �•.
PLEASE COMPLETE THIS PORTION OF THE APPLICATION CAREFULLY. EACH
REQUEST FOR A VARIANCE MUST STAND ON ITS OWN MERITS WITHOUT REGARD TO
ANY OTHER PROPERTY.
The following questions pertain to the criteria upon which the City
Commission and Planning and Zoning Board consider if a variance will
not be contrary to the public interest where, owing to special
conditions, a literal enforcement of the zoning of the zoning code
will result in unnecessary and undue hardship.
1. Describe how special conditions and circumstances existwhich are
peculiar to the land, structure or building involved and which are
not applicable to other lands, structures or buildi in the same
zoning district. ngs
TN15 417E * ON TIIE vil!4T slvr OF
Fl•aP IVA a cortsr ILwler 6~Pr�i-
?lll9 wGA710rl r<r% Tir? vrorxev .hW1�I6IV
u.ew5 T116 NeG!'ifi Pof-
HeAI( ECVIf^nrPT ro oPtrATr. (3PTWECN G bHBNICAL PA
%Irnc�9p.r:. vAFIANGI' MlPa✓nv WOuW Y ANO irtB fvTlNb
HAZAY'✓-"Yi (I , eW TIT^N To "riovd its✓
AND ^,11GIY- 4T, bE yAY AWAY rF,M tWe, FIFF&''h'r
i
A"Acr OI'PC(', :res.CN r1 f` � ,.flp r%14rINey RB6DrTION GPeA-fV( I,,ILr,..�,�INS A
-'t P, cAF6TY iF BOTH am ,tt
MV, ,V a r yeeg.
1
?• Provide evidence that the special conditions and circumstances
do not result from the actions of the applicant.
TN14 �..OGn-I InN :^rOtd,D P.ncP -+rr A�
-G6,,./FY X/ILDrN Li tMCVI�t7
'. PF7M vV9UG VIPvJ fjuT ��nvn
j 3, Describe how granting the requested variance
any special privilege on the a (sl will not confer
zoning code to other lands, buildings s t is denied by the
zoning district. g structures in this same
GGl
TRI$ 1� A V6R•{ OPEN /nR BUIwING Wrnj
I MFAe' UNI uE UW
d4G AGE
4• Provide evidence that the literal interpretaion of the provisions
of the zoning code would deprive the applicant of rights commonly
enjoyed by other properties in the same zoning district and would
work unnecessary and undue hardship on the applicant.
P.P1 57wCR/Rc, %VILT PFIOK To
TIF. "OFF 9TIN bIfNT 6T9AG Kt
PM-rseNTLY EYIgr NLI.VDINi --1
Ir Or'Flg 5TKULTV JI,I PvIC ��,i
5• Describe how the requested variance wi is the minimum variance that
ll make possible the reasonable use of the land
structure. building or
THIS /nFInNGS ALUNIe, THg VrILITATiCN OF -rHw
5
IT7• 7roR C4UIVMp1rr
OPC nT 1aN TG 90r-vl G6 ZkL' 0VIt.DINy ANv CNB.IICAt, ryny
/4- Lam' SYACa W" o HIrJDEK 'nth O PP ION
6• Explain how the grant of the variance(s) will be in harmony w
the general intent and purpose of the t with
variance(s) will not be injurious to zoning code, and that such
wise detrimental to the public welfarehe area involved or other-
HVIL!iIrJG
VJOUL AtAAW CPC ONS h
"fTnnl 1./n I'r
rJ eFF 117r IiAFF MnNNeJ�. 1q ACCOcoAN['p
WITH °5H✓4 E.P.r1. P{G��LnTInNS.
7• Please add any other comments which may assist the City Commission
and the Planning and Zoning Board in reviewing this request.
T ITAN FIAKIT ME FIAT $661J n
Pao DU GTIJF_ JV SIN eiS IA
_ a -HT vc c O'�T1'17 IN DANI/t
,PFGi6oCA InN ai
•r7IP nv In-Ien1 At.f.OlVt THE
f LCXIbwI r'e F�// r (T..
NOTE: ALL SIGNATURES MUST BE NOTARIZED By ORDER OF T
CITY COMMISSION. DAg1I
S gesture o l
eitioner
Sworn to and subscribed before me this /-,`day ofaf1c,.yt�19�
1 /
1 Notary Publ>.c Commission Expires:
=rC-N�,C r, PcRS,vAfl(.Y k•VOWN 2.MC
j :o��M1yyyrhy ELIZABETH S.CHRIST
COMU68MN r CO 483734
EtPIMU MAY 14.1999
ew D 4M�a �4mANnC aONdN0 CO.WC.
FOR USE WHEN PETITIONER IS NOT OWNER OF SUBJECT PROPERTY:
THIS IS TO CERTIFY THAT I AM THE OWNER OF THE SUBJECT LANDS
DESCRIBED ABOVE IN THE PETITION FOR VARIANCE AND THAT I
HAVE
AUTHORIZED
AFORESAID PETITION FOR VARIANC E. TO MAKE AND
FILE THE
Signature of Owner
Street Address, City, State & Z P
Telephone
Sworn to and subscribed before me this
_day of
Notary Public Commission Expires:
TO BE COMPLETED BY OFFICE STAFF ONLY
MATERIALS INCLUDED _
Plans
Survey Sketches-
.
List of Adjacent Property Owners Fee
a
THIS FORM TO BE FILED WITH THE CITY OF DANIA'S GROWTH MANAGEMENT
DEPARTMENT.
ACCEPTED BY:
i
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j BERRY & CALVIN
LANDSURVEYORS 923-MB SURVEY FOR: LARRY O'BRIAM
CIVIL ENGINEERS 921.7781
lua rAnw•Awwa•wwwaea rwueA nm
j nAwlw.mv,w.wAruwawu.m,mnm
SCALE
bESCRIPTION: All of Tract IS'; Tract 'D', less the West 100 feet thereof; Tract 'E', In=g0'
less the West 100 feet thereof; and the South 112.80 feet of Tract IF'; all in "COLLEGE TRACT
3RD ADDITION", according to the plat thereof as recorded in Plat Book 41, page 11, of the public
records of Broward County, Florida; together with the ingress-egress easement over remainder of said
Tract IF- .
^ S.W. 4 to Ter
r�J.a . a.R aJl 7_7
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DRAYIN BY: M CHECKMBY:Je, :TO'ALL PARTIES INTERESTED IN TITLE TO PREMISES SURVEYED:
OEVISIPIN crI, MAURICE E. BERRY 11, hereby certify that I have made a recent survey of the above
• DATEBY jdeibed property as indicated,and that there are no above ground encroachment$exupt as shown,
1 8 t ! 1 further certiN that the survey represented hereon meets the techniul standards of the Florida
m 1,'-?f u• : ;I• ;Board of Land Surveyors pursuant to section 472.027, Florida Statutes,to the but of my knowl.
ledge and belief.
Dated at Hollywood,Broward County,
C I• '•Florida,this Cite dayof Fab. A.D.19"7
a` GeodEklu
d esholm ate bassi! on Nadbnal I �P.LxAi•et.�,(?•'Z��
a Geohertita(•hatum.! _ �'_
I v, I'. . MAURICE E.BERRY I2
•=i radted!for Rightcl• Registered Land Surveyor No.1122
awlriennof record. ,e% State of Florida
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2 n 3 22 1 y ,. ,.
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9 -or S. c• >.
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9 9 12 .y gyp{'_ a1I
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! e Y
NOTICE OF PUBLIC HEARING BEFORE
THE CITY COMMISSION
OF THE CITY OF DANIA, FLORIDA
REGARDING THE FOLLOWING REQUESTED
VARIANCE
NOTICE IS HEREBY GIVEN that the Planning and Zoning Board, on October 15, 1997 at 7:30 P.M
soon thereafter as the matter may be heard, will conduct a public hearing in the City
and the City Commission of the City of Dania, Florida on, November 25, 1997, at 7:30 P.M., or a.missior
com Meeting Room of the Dania City Hall, 100 West Dania Beach Boulevard, Dania, Florida, to mis io
the following proposed variance request.
VA-25-97 - The request of Richard Fairbanks, Titan Maritime Industries, Inc. located at 410 SW 4`
Terrace, Dania, for variances from rear and side yard set back requirements as listed in the City c
Dania Code of Ordinances, Chapter 28, Article 4, Schedule of Lot, Yard and Bulk Regulations anc
landscape requirements as listed in Chapter 26, Article IV, Section 26-50. The property is zoned IF
(Restricted Industrial). Titan Maritime Industries would like to construct a 1-story c.b.s. Chemical Ba
Accessory Building at the southeast corner of their property. The first variance request is to allow th(
use of a 10' setback from the rear (south) and a 0' setback on the side (east) property line where th(
code calls for 20' setbacks on both the side and rear yards. The second variance request is fror
landscape requirements as listed in Chapter 26, Article IV, Section 26-50, Landscape requirement
for areas separating business, commercial and industrial property from residential property.
The property is described as: All of tract 'B'; Tract 'D', less the West 100 feet thereof; Tract 'E', les
the West 100 feet thereof; and the South 112.80 feet of Tract 'F'; all in "College Tract 3' Addition
according to the plat thereof as recorded in Plat Book 41, page 11, of the public records of Browarf
County, Florida; together with the ingress-egress easement over remainder of said Tract 'F'.
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE PLANNING AN[
ZONING BOARD AND THE CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDEREI
AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS, AND FOI
SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THI
PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPOI
WH H THE APP IS TOADMI BE BASED.
U ANN CUNNINGHAM, N. ASST. Location Map
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(CITY OP DANIA
Date: 11-18-97 Agenda Item#: h
Title: `J
SP-27-97-SITE PLAN REQUEST BY TITAN MARITIME
Requested Action:
j SITE PLAN APPROVAL FOR A C.B.S. CHEMICAL BAY ACCESSORY BUILDING LOCATED AT
410 SW 4T"TERRACE, DANIA;
I
jSummary Explanation & Background:
REQUEST BY ROBERT VICK, ARCHITECT, REPRESENTING TITAN MARITIME INDUSTRIES,
TO CONSTRUCT A 1-STORY CBS CHEMICAL BAY ACCESSORY BUILDING IN EXCESS OF
500 SQUARE FEET, AT THE SOUTHEAST CORNER OF THEIR PROPERTY.
Exhibits (List):
MEMORANDUM FROM TERRY L. VIRTA, AICP—GROWTH MANAGEMENT DIRECTOR
LOCATION MAP
APPLICATION
SITE PLAN
Prepared By:
TERRY L. VIRTA, AICP-GROWTH MANAGEMENT DIRECTOR
Source of Additional Information:
SEE REFERENCED SITE PLAN SP-27-97
Recommended for Approval By:
PLANNING AND ZONING BOARD
Commission Action:
Passed ❑ Failed ❑ Continued ❑ Other ❑
Comment:
City Manager City Clerk
Y \
APPLICATION FOR SITE PLAN APPROVAL
CITY OF DAN(A tv0
�.GC
100 WEST DAN lA BEACH BOULEVARD � I qf l q�
DANIA, FLORIDA 33004 /
305/921-8700 v `�
APPLICATION NUMBER V—a t7 q7
DATE 1•`I•' a 7
The undersigned petitions the Growth Management Department and/or the City
Commission of the C,ty of Dania to consider site plan approval on the parcel (s) of land
desc: bed in this application.
NAME OFAPPLICAN : TIT/,N MAr l•npi INpv�- ,tt �G
/rT-t�•. f�lortnt_v t=nlr.�,ar.11c<j
ADDRESS OFAPPLICANrl: Po. or k 7160f6r FT. LA1/p.
PHONE NUMBER: ( Q5 9'1 12 0) 5 20o FAX NUMBER:
PROPERTY INTEREST OF APPLICANT: ev^ rt' -.
NAME AND ADDRESS OF PROPERTY OWNER (IF NOT THE APPLICA.NTj:
I
ADDRESS AND LEGAL DESCRIPTION OF SUBJECT PROPERTY:
�I10 ri (d. —fEv.F�^ct �rlrrih F�,� • �i�i0oq
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Ir r•r I F I F
10n1�
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EXISTING LAND USE DESIGNATION: EXISTING ZONING: ( —P
LOT SIZE: ACREAGE: ' �2 �vPr% +r- SQ. FT. 35 7c0 5 t=
leo y 1411 rti, I�'9 Iva I
I
1
DESCRIPTION OF PROJECT: aWW7ru&T NBw rrNrr, impY a•e.
• /1'GL�isrtY (3'UI�DfN(> /UiCMlLNt� a3hY) l}fL•P�
7f(rL Fc�+evAv aF W Nna^I� t7ov5 CFfCrri�At�
N� THff CIS.'-
crretfr6Ac, V^T' GrF'eIrW TO 71rG a
Ffirce' Pe{a��Nrre t�
/Mp f�'BGP'i'Tlohl �WI W/Il.(i INLYt'i19/NG `tHly
c'uIrtjTS ANb EMPLoyEj57_,,
SECTION: TOWNSHIP: RANGE:
TAX FOLIO NUMBER:
RECORDED PLAT NAME: y7fo fwDfTrnfj ,
PLAT BOOK: `F 1 PAGE: 1
UST ANY SPECIAL EXCEPTIONS, VARIANCES, REZONINGS ETC. THAT MAY BE
REQUIRED TO SUPPORT THIS APPUCATION:
`AFT✓Aer- LiAI_IfrJGr./ G9c'lr: 1 r.• .
F f•�r•.r
�"�%%�F=Y iurc•nrNG (cN�,�nc,a� r3,4•r
h 101 SET�t�� tYowi 7fIL� yov7t � <l�er!� PYo
'fir yr:�n�r - 1y r-e4ufr�u
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�LO(•if7/1 Ertrir. Un=:r tart,W^�
PP'VPFr..-K fi!NL Wn�f�P 201 �iC-TP/rCY- !4 t:'.% ✓ -r=
v.
ANY OTHER INFORMATION IS SUPPORT OF THIS APPLICATION:
ueW 1A6Ccv,-r_-e t�vfwtnlG rl v, e146.
'irr+rT vrevI AIM �ivrrron//L ---
Sr7� �Isv •,• �irNn��nYrnJ,�, Wor�w uIrrwvE
2
I
NOTE: ALL SIGNATURES MUST BE NOTARIZED.
Titan Maritime Industries Inc and/o:
PETITIONER: 410 S.W. 4th Terrace Associates
P J T NAME/C,,O OORRAT,I/ON
BY: «ems �Ilr—,
AUTHORIZED SIGNATURE
Sworn tQ and su cripe�d before
me Richard_Fairbanks owner/treasurer
this��1day of _ , I gn. PRINT NAME AND TITLE
(If Corpor2don)
Notary Public
n (Notary Stamp/Seal)
Signature
jaYi:iry"�f, ISABEL BISHOP
'^ My COMMISSION r CC 353742
(�n x-?„ o EMRES:March 14,1N
l�nnt Name SaueammNow rmunxnrtrs
Commission Expires:
FOR USE WHEN PETITIONER IS NOT THE OWNER OF SUBJECT pROpE TY
PROPERTY OWNER:
PRINT OWNER/CORPORATION NAME
BY:
AUTHORIZED SIGNATURE
Swam to and subscribed before me
!►cis_day of 19` PRINT NAME AND TITLE
(If Corporation)
Notary Public ADDRESS OF OWNER
TELEPHONE
Signature
(Notary Stamp/Seal)
not Name
Commission Expires:
3
QMDQ AM UST PORN
L04V Oar DQNIA
Date: 11-17-97 Agenda Item#:
Title:
SP-28-97-SITE PLAN REQUEST-GRAND PRIX RACE-O-RAMA
Requested Action:
APPROVAL OF A SITE PLAN FOR TWO PROPOSED ADDITIONS TO THEIR EXISTING GAME
ROOM LOCATED AT 1700 NW 1ST STREET, DANIA.
Summary Explanation & Background:
REQUEST BY MICHAEL MOGERMAN, MANGER, GRAND PRIX RACE-O-RAMA, FOR (2)
TWO ADDITIONS; ONE FOR ADDITIONAL GAMING AND THE SECOND FOR A"LASER TAG"
ROOM. THE TOTAL SQUARE FOOTAGE OF THE PROPOSED ADDITIONS ARE 14,140
SQUARE FEET.
Exhibits(List):
MEMORANDUM FROM TERRY L. VIRTA, AICP -GROWTH MANAGEMENT DIRECTOR
LOCATION MAP
SITE PLAN APPLICATION
SITE PLAN
Prepared By:
TERRY L. VIRTA, AICP -GROWTH MANAGEMENT DIRECTOR
Source of Additional Information: (Name &Phone)
Recommended for Approval By:
PLANNING AND ZONING BOARD
Commission Action:
Passed ❑ Failed ❑ Continued ❑ Other ❑
Comment:
City Manager City Clerk
i
e. \
i MEMORANDUM
'i
TO: Michael Smith
City Manager
FROM: Terry L. Virta, AICP
Growth Managementri—re7cr
RE: SP-28-97-Grand Prix Site Plan Request
Date: November 14, 1997
The City Commission is to consider this request at their November 25, 1997
Meeting. The Grand Prix Race-O-Rama is seeking site plan approval so that they may
build two additions to there existing structures. The existing golf course building is
38,870 square feet and the total square footage of the two proposed additions is 14,140
square feet. The impact of the additions will be minimal on the site and can be
accommodated without much change.
The additions will require that the site be brought up to meet current landscaping
requirements. It appears that the parking lot will have to be modified so that end islands
are a minimum of 10 feet wide and extend to cover the width of both sides of parking.
In addition there are existing lengths of parking that exceed the maximum of 12 spaces
without an intervening landscape islands. It appears that the site can accommodate
these changes and still provide parking in excess of the site needs.
RECOMMENDATION
The Planning and Zoning Board considered this matter at their October 15, 1997
Meeting. They have recommended that the City Commission approve this request
provided that the applicant meets with staff and agrees to make those changes
necessary to bring the landscaping up to current code. Staff has met with applicant and
he has agreed to the changes necessary so that the landscaping will comply with
current code. The recommendation is that the City Commission approve the Site Plan
as it has been modified.
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The information Management Company
6954 N.W. 12 STREET, MIAMI, FLORIDA 33126
305-477-9149 • 800-287-4799 • FAX 305-477-7526
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FC 017
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APPLICATION FOR SITE PLAN APPROVAL
- CITY OF DANIA
30 7 100 WEST DANIA BEACH BOULEVARD
DANIA, FLORIDA 33004
- --- 305/921.8700
APPUCATION NUMBER6Pck-9Z DATE 23
The undersigned petitions the Growth Management Department and/or the Sty
Commission of the City of Dania to consider site plan approval on the parcel (s) of land
descroed in this application.
NAME OF APPLICANT. 't.t_o%No IVK71,DNRl, 4C-LzF NALC-•
ADDRESS OFAPPUCANT: _I_-4-00 NW F,�Sr
PHONE NUMBER: (9s`I 1 q"L1- 14LO FAX NUMBER: 5 0
PROPERTY INTEREST OF APPLICANT: rCgE S%mv"
NAME AND ADDRESS OF PROPERTY OWNER (IF NOT THE APPLICANT):
SAME
ADDRESS AND LEGAL DESCRIPTION OF SUBJECT PROPERTY:
a,3 ate!)\,
�C7AL� - SEc' AITNWSO D 5
EXISTING LAND USE DESIGNATION: /., /uslr�4
. F3(1STiNG ZONING: Z RO_
LOT SIZE: ACREAGE: 6. SQ. FT•
:x7 5
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DESCRIPTION OF PROJECT:
-f
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SECTION: TOWNSHIP: SO RANGE: y
TAX FOLIO NUMBER: 0233 - 43 ooL
RECORDED PLAT NAME I� R N1 R F �c� RRK
PLAT BOOK: I 0 PAGE: Z-9
LIST ANY SPECIAL EXCEPTIONS, VARIANCES, REZONINGS ETC. THAT MAY BE
REQUIRED TO SUPPORT THIS APPLICATION:
N�tJE
ANY OTHER INFORMATION IS SUPPORT OF THIS APPLICATION:
2 7 �'
; 7.71 p n7 -77
NOTE: ALL SIGNATURES MUST BE NOTARIZED.
PETITIONER: SECANT NATIONAL APTflN�6
ZR M ORATION
BY:
AU HrrORIZED 51G URE
Swam to and subscribed before meARA
this day of 19 CYJ . PRINT NAME AND TITLE
(if Corporation)
Notary Public
(Notary Stamp/Seal)
5igrfatUre
M.NELSON
N�LSGN MycawssaNrccssa
Print Name E�L:A 30,7D00
Commission Expires: �'01�NN0°yR°"
FOR USE WHEN PETITIONER IS NOT THE OWNER OF SUBJECT PROP san
PROPERTY OWNER:
PRINT OWNER/CORPORATiON NAME
BY:
AUTHORIZED SIGNATURE
Swam to and subscribed before me
this_day of 19� PRINT NAME AND TITLE
(if Corporation)
Notary Public
ADDRESS OF OWNER
ignature
TELEPHONE
Print Name (Notary Stamp/Seal)
Commission Expires:
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''I`^"• " ��. SmaTII11T "A"
I
A parcel of land being a portion of Section 33, Township 50 South, Range 42
East, said parcel also being a portion of DANIA OFFICE PARK, as recorded in
Plat Book 130, Page 29, of the Public Records of Broward County, Florida, said
parcel being more particularly described as follows:
CONHENCE. at the Northwest Corner of the Southeast One-Quarter (SE 1) of said
Section 33;
THENCE on an assumed bearing of N 87'46158" E along the North line of said
Southeast One-Quarter (SE 1) a distance of 40.00 feet to the Northwest corner
of Parcel -"All- of said DANIA OFFICE PARK, said point also being the POINT OF
BEGINNING;
THENCE continue N 87*46158" E along said North line a distance of 608.27 feet;
THENCE S 02013102" E a distance of 639.01 feet to the South line of said Parcel
"A" of DANIA OFFICE PARK;
THENCE S 87'49100" W along said South line a distance of 557.85 feet to the
West line .of said Parcel "A";
THENCE N 0162112411 W along said West line a distance of 32.50 feet to the South co
line of said Parcel "A"; r�
v
THENCE S 87*49100" W along said South line a distance of 50.01 feet to a point a
of curvature of a non-tangent curve concave to the East, a radial line of said
curve through said point having a bearing of S 87'49100" W, following three
courses being the Westerly most limits of said Parcel "A";
C
C
THENCE Northeasterly along the arc of said curve to the right, having a central T
angle of 20*32138" and a radius of 425.00 feet for an arc distance of 152.39 T
feet to a point of reverse curvature of a tangent curve concave to the West;
THENCE Northeasterly, Northerly, and Northwesterly along the arc of said curve
to the left, having a central angle of 41'20'09" and a radius of 425.00 feet
for an arc distance of 306.62 feet to a point of reverse curvature of a tangent
curve concave to the East;
THENCE Northwesterly, and Northerly along the arc of said curve to the right
having a central angle of 21'37'07" and a radius of 425.00 feet for an are
distance of 160.36 feet to the POINT OF BEGINNING;
RECORDED IN THE OFFICIAL RECORDS BOOK fY1�N gTpp� 4oLF'
OF BROWARD COUNTY, FLORIDA
COUNTY ADMINISTRATOR y�uYc�r .y 7��TtoN df Yfv_44aV\
y,
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LEGAL DESCRIPTION
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PARCEL "1"
f
A parcel of land being a portion of Parcel "A" of DANIA OFFICE PARR
as recorded in Plat Book 130, Page 29 of the Public Records of
Hroward County, Florida, said parcel being more particularly
described as follows:
BEGIN at the Northeast corner of said Parcel "A",
THENCE on a plat bearing of S O1.0910311 E along the East line of
said Parcel "A" a distance of 165.32 feet;
THENCE S 87030121" W a distance of 259.94 feet;
THENCE S 02004106" E a distance of 266.72 feet;
THENCE S 87°32'56" W a distance of 191.63 feet;
THENCE S 02011,00" E a distance of 205.08 feet to the South line
of said Parcel "A";
THENCE S 87049'00" w along said South line a distance of 205.67
feet;
THENCE 11 02013'01" W a distance of 639.01 feet to the North line
of said Parcel "A";
THENCE N 87046'58" E along said North line a distance of 661.12
feet to the POINT OF BEGINNING
Said land situate within the City of Dania, Broward County,
Florida, containing 5.93 Acres, more or less.
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LEGAL DESCRIPTION
� II
A parcel of land being a portion of Parcel "A" of DANIA OFFICE PARK
as recorded in Plat Book 130, Page 29 of the Public Records of
Broward County, Florida, said parcel being more particularly
described as follows:
C0MMENCE at the Northeast corner of said Parcel "A",
THENCE on a plat bearing of S O1*09103" E along the East line of
said Parcel "A" a distance of 165.32 feet to the POINT OF
BEGINNING;
THENCE S 87030121" W a distance of 259.94 feet;
THENCE S 02-04106" E a distance of 266.72 feet;
THENCE S 87*32156" W a distance of 191.63 feet;
THENCE S 02-11100" E a distance of 205.08 feet to the South line of
said Parcel "A";
THENCE N 87049000" E along said South line a distance of 443.51
feet to the said East line of Parcel "A";
THENCE N 01*09103" W along said East line a distance of 474.18 feet
to the POINT OF BEGINNING.
Said land situate within the Cityof Dania,
Broward county,
, Florida, containing 3.69 Acres, more or less.
' nne�Wu.0
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6954 N.W. 12 STREET, MIAMI, FLORIDA 33126'
305-477-9149 . 800-287-4799 • FAX 305-477-7526
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FC 017
MENDA REQU264 MAN
(CITY Der DQNIA
5- 3
Date: 11125/97 Agenda Item#:
Title:
SP-18-97-AIRPORT AMERICA USA, INC.
Requested Action:
SITE PLAN APPROVAL-CONTINUED FROM 9/23/97 COMMISSION MTG.
Summary Explanation & Background:
REQUEST BY MIKE AMBROSE OF CARNAHAN"PROCTER AND ASSOC., INC.
REPRESENTATIVES FOR AIRPORT AMERICA USA, INC. FOR SITE PLAN APPROVAL OF A
LONG TERM PARKING FACILITY. THIS ITEM WAS CONTINUED FOR 60 DAYS UNTIL
LEGAL REVIEW COULD BE OBTAINED FROM THE CITY'S SPECIAL COUNSEL AS TO THE
CITY'S EXPOSURE AND LIABILITY IN THE EVENT THAT THE SITE WAS CONTAMINATED
AND A RECIPT OF A CLEAR EPA REPORT.
Exhibits (List):
MEMORANDUM FROM EARL GALLOP, ESQ.
MEMORANDUM FROM TERRY VIRTA, AICP-GROWTH MANAGEMENT DIRECTOR
MINUTES FROM 9/23/97 REGULAR COMMISSION MEETING
Prepared By:
GROWTH MANAGEMENT DEPARTMENT
Source of Additional Information: (Name 8 Phone)
Recommended for Approval By:
PLANNING AND ZONING BOARD 8/20/97
Commission Action:
Passed ❑ Failed ❑ Continued ❑ Other ❑
Comment:
City Manager City Clerk
i
i
I
i
`Y
1
=- - - MEMORANDUM
i
TO: Michael Smith
City Manager
FROM: Terry L. Virta, AICP
Growth Management Direct o7
RE: SP-18-97—Airport America USA, Inc.
Date: November 20, 1997
The City Commission heard this matter at their September 23, 1997 Meeting. At
that Meeting concern was raised over potential of the site to be a brownfield and any
potential for liability on the City should the Site Plan be approved. The City Commission
directed staff to get an opinion on the potential for City liability in this regard. Mr. Earl
Gallop, Special Counsel to the City reviewed this matter and a copy of his memorandum
is attached. In short, he expresses the opinion that the City would not have liability
exposure as a result of Site Plan approval. Staff recommendation is that the City
Commission approve this Site Plan.
i
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SFNf BY: 11-19-97 : 5:12PM NGF, P. A.- 195492126044 5/ 8
NAGIN GALLOPFIGUEREDO?a
Attorneys & Counselors
3225 Aviation A venue-Third Floor
Tckphone:(305)ss4-5353 Post Office Box 330090 F,scsiInde:(305) 854.5351
Miami,Florida 33233.0090
November 19, 1997
Tim Ryan, Esq.
Ryan&Ryan
700 East Dania Beach 131vd., 3rd Floor
Dania, FL 33004
Re: Request for legal opinion
Site plan application of Airport America USA, Inc.
Dear Mr.Ryan:
This letter responds to your October 29, 1997, request for a legal opinion on the
question whether the City of Dania is exposed to legal liability if it approves a site plan for
the development of property which might be contaminated.
In summary, based on my knowledge of the particular facts of this matter, and
controlling principles of law, it is my opinion that the city is not exposed to liability by
approving a site plan for the property.
Summary of relevant facts
land. The Airport
cant proposes applied
pldevelop the city
ite for lo for site ng-terlan m parking. The parcroval for a 14 acre earcel of
l is part
ofa larger tract of land owned by Phillips Petroleum Company. Petroleum storage tanks are
located on the property.
Y ago. tion by thecit�omusing
ssioneon tth ,smote pla as a Petroleum
)deferred bey because facility
several eazs
concern about the environmental condition of the property. The city does not have actual
knowledge regarding the environmental condition. In particular, if the property is
contaminated, the city does not know whether the contamination presents an immincnrtly
dangerous condition.
DisrA vion ofle$o/prindPkX
A statutory or common law duty must exist for there to be municipal tort liability.III
analyzing whether the city is exposed to legal liability in approving a site plan forpotentially
contaminated property, we identifier) and investigated the potential so
wces which might
create a duty on the pan of a municipality to respond to the condition of the property, Duties
relating to contaminated property arise under statutory law and under common law.
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IJOV-19-1997 18:03
P.05
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SENT BY: 11-19-97 : 5:12PM P'GF, P. A.- 195192126044 6/ 6
Tim Ryan, Esy.
November 19, 1997
Page 2
5tatudory dunes.
There are numerous federal and Florida laws that create duties regarding amtami-
natedproperty. The principal statutes arc the federal Clean Water Act(CWA),die Resource
Conservation and Recovery Act (RCRA), the Comprehensive Environmental Response,
Compensation, and Liability Act(CERCLA, or Superfund Act), the Pollutant Discharge
Prevention and Control Act(ch. 376, Fla. Stat.) and the Florida Air and Water Pollution
Control Act(ch.403, Fla Stat.). Each of these statutes establishes liability based on a duty
of a person to either prevent, or to abate, contamination on property that is under its
ownership or control, or, on which it causes contamination. For instance, RCRA, creates
liability based on the status of a person as one who generates,transports,stores,or 6sposcs
of hazardous waste (or a regulated waste, such as petroleum waste). CERCLA creates
liability based on based on the status of a personas a past,or present,owner or operator of
a facility at which a hazardous substance is discharged. Liability is also imposed on
generalon and transporters of the discharged substance. Anowncrofcontamhtatedproperty
may be liable under both federal and State law if the owner does not take action to contain,
or abate,the contamination which originates on the property,even though the owner did not
cause the conlanvnation.
A municipality is a"person"under therelevanl federal and State laws. Consequently,
a municipality is exposed to liability if it causes, or fails to control, contamination on
property that it owns,operates,or controls. However,no present statute imposes a duty on
a municipality to take a land development permitting action, or to refrain from taking a
Permitting action,regarding contaminated property that is owned by another person.
Common law duties.
Common law duties may arise when a municipality exercises a proprietary function,
but not when it exercises a discretionary or governmental function. In the seminal case,
7'rianon Park Condominium Assn, v. City of ialeah, the Florida Supreme Court,in 1985,
held that tort liability does not arise in connection with exercising, or not exercising, a
l4slative, planning-level administrative, or police power. in Trianon, the court divided
govcmment functions into fourcatcgorics: 1)legislative,permitting,licensing and executive
functions;2)enforcement of laws and protection of public safety;3)capital improvements
and property control operations; and, 4)providing professional, educational and general
services for the health and welfare of the citizens. Liability does not arise under the first two
categories because there is no common law parallel. That is, under the common law of
England,prior to July 4, 1776, the government could not be held liable for the exercise of
these powers. The common law of England was adopted by the territorial government of
Florida as early as November 6, 1829. Site plan approval is a category#1 function.
Apart from the special issues regarding municipal liability,we considered whether the
city might have a duty to warn others of a known dangerous condition, in our review the
Restatement (Second) of Torts and computerized legal research, we could not find any
authority that recognizes a common law duly to wam a third party of known dangerous
conditions that exist on properly which is owned by another. Coaseguendy,it ap(tears that
although the city does not have knowledge regarding the environmental condition of the
i
NOIl-19-1997 18:04 P,06
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SENT BY: 11-19-97 73:13PN N'GF. P. A.- 19549212604;8 W 8
i
Tim Ryan, Fzq.
November 19, 1997
Page 3
Phillips Petroleum property, and it does not have the toxicological expertise to determine
whether any contamination which might exist could present a dangerous condition,the city
does not have a common law duty to warn even if it did know of the condition of the
property.
Permuting auMorlry.
UnderSynder and other decisions,the city must determine whether,by competent and
i substantial evidence,an application fora land development permit or approval is consistent
with its comprehensive plan and complies with the applicable land development regulations.
I am not aware of any plan goals,objectives or policies, or any implementing regulations,
which provide for considering the contaminated environmental condition of property, The
city has the home rule power to prescrihe such requirements, but it has not done so at this
It'
Consequently,the condition of the property cannot he considered in acting on the site
plan applicauon.
Please do not hesitate to call me if you have any questions regarding the subject
matter of this letter.
Very�hhuul�y/oours,
'Earl G. Gallop
Attachments
cc:: Mayor and City Commission
Mike Smith,City Manager NAca,Ik#DANIkR)w.lU:wpd
NOV-19-1997 18:04 P 07
Mayor Mikes suggested using the same type of palm tree since two more palm
clusters are being added at the boulevard entrance and Commissioner Bertino
suggested including a berm to conceal the parking area.
A motion was made by Commissioner Hyde, seconded by Commissioner Etling,
to approve the site plan (SP-13-97)with the stipulations that a berm be added,
the trees be matched at the entrance and that all Planning &Zoning Board
recommendations be met.
The motion passed on the following roll call vote:
Commissioner Bertino-yes Commissioner Etling -yes
Commissioner Hyde - yes Vice-Mayor Cali-yes
Mayor Mikes -yes
4.7 WAS HEARD AFTER 5.1
5.2 (Continued from May 13, 1997, Regular Meeting)
Review of Site Plan attached as a condition to VA-32-97 granted May 13,
1997, to Frank A. Jose, 129 NW 4 Avenue, aka/ Frank's Custom Paint &
Auto Body. (Staff)
Ken Koch, Building Official, explained that the Frank Jose variance request was
presented some time ago due to an addition being built without a building permit.
The variance was approved May 13 with the following conditions: (1) no parking
in the swale in front or across the street of the auto body business, (2)
landscaping placed in the swale area, (3) irrigation provided for the landscaping.
Mr. Koch presented the site plan showing landscaping being placed on both
sides of the street and denoting irrigation being installed under a separate permit
and drawing. Mr. Koch advised that an Unsafe Structures Order provides for
demolition of the building on October 10 unless the City Commission finds the
site plan, connected to the variance, to be acceptable so that a building permit
can be issued.
Attorney Ken Meyer, representing Frank Jose, agreed that the site plan could be
completed within 60 days. Commissioner Bertino clarified that the property is
zoned Residential and that a legal non-conforming use variance was issued for
the business. He questioned whether it was legal to issue another variance to
expand the non-conforming use. Attorney Meyer stated that the variance is legal
because the addition is a basic accessory use for storage and is not expanding
the premises.
A motion was made by Vice-Mayor Cali, seconded by Commissioner Bertino, to
approve the site plan with the condition that the building permit be issued prior to
October 10 and that the site plan improvements be completed within 60 days of
issuance of the building permit.
The motion passed on the following roll call vote:
Commissioner Bertino-yes Commissioner Etling -yes
Commissioner Hyde - no Vice-Mayor Cali-yes
Mayor Mikes - yes
5.3 SP-18-97- Mike Ambrose, Carnahan Proctor&Associates, Inc., Petitioner
representing Airport America USA, Inc., Owner, for site plan approval of a
MINUTES-REGULAR MEETING 14 SEPTEMBER 23, 1997
long term parking facility to serve Fort Lauderdale-Hollywood International
Airport. (Staff)
Mike Ambrose presented the site plan for a 14-acre site (Phase 1) in Port
Everglades to develop a long term parking facility to serve the Ft. Lauderdale-
Hollywood International Airport. Mr. Ambrose mentioned that the Phillip's
Petroleum Tank Farm is currently in the first stage of preparation for demolition
and that the long term parking facility will be owned by Park & Go, a national firm
with eight sites. Mr. Ambrose advised that all trees were increased from a
minimum of 2.5" to 3" caliper in breast height, a Florida Department of
Transportation letter has been provided reflecting preliminary approval of the
project's future entrance, and vehicular patrol security will be provided 24-hours
as recommended by the Planning &Zoning Board. Nine tanks will be removed
and contamination concerns are strictly the responsibility of Phillip's Petroleum
before selling the property to Park & Go.
Commissioner Bertino expressed concern that all EPA approvals confirming no
soil contamination should be received before approval of the site plan. Leigh
Kerr, City Planning Consultant, understood that a clean site has to be delivered
before the purchase transpires and that a building permit would not be applied for
before ownership of the property. Mayor Mikes expressed concern on the
definition of a clean site and City's liability exposure. Mr. Kerr thought that the
site would have to receive EPA approval. Mr. Ambrose mentioned that since the
site plan approval is a condition to the property closing, he would agree to hold
up on requesting a building permit until he can supply a Certificate from EPA and
the Broward County Department of Natural Resource Protection. He advised
that there are 42 wells on the site that are constantly monitored, a lengthy
Environmental Report states that the site is clean and a national environmental
firm has been hired for the removal of the tanks. Mr. Ambrose expected the
certification from the regulatory authorities to take 60 days and the closing would
be contingent upon the certification.
A motion by Commissioner Bertino to postpone the site plan approval until the
property sells to the owner requesting the parking facility and until the City has
received a letter from EPA that the property is not contaminated. Motion died for
lack of second.
Mr. Ambrose assured the City Commission that he would not be able to obtain an
environmental permit or a stormwater management permit until the site has
received a clean bill of health from EPA. The property has been a tank farm for
42 years and the new owner is not going to purchase the property without the
proper approvals. Commissioner Hyde was concerned with approving the site
plan before the EPA approval is received since there is no further requirement for
the petitioner to come back before the City Commission. Mayor Mikes suggested
continuing the issue until a legal opinion can be obtained.
Vice-Mayor Cali requested that Mr. Ambrose provide the monitoring and
environmental reports for staff and counsel to review.
A motion was made by Commissioner Bertino, seconded by Commissioner
Hyde, to continue the site plan for 60 days until legal review can be obtained
from the City's special counsel as to the City's exposure and liability in the event
that the site was contaminated and receipt of a clear EPA report.
The motion passed on the following roll call vote:
I
+ MINUTES-REGULAR MEETING 15 SEPTEMBER 23, 1997
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i Commissioner Bertino-yes Commissioner Etling -yes
Commissioner Hyde-yes Vice-Mayor Cali-yes
Mayor Mikes-yes
ITEM 8.2 WAS HEARD AFTER ITEM 5.3.
6. CITIZENS'COMMENTS: COMMENTS BY DANIA CITIZENS OR INTERESTED PARTIES
THAT ARE NOT A PART OF THE REGULAR AGENDA SHOULD BE GIVEN IN WRITING OR
COMMUNICATED VERBALLY PRIOR TO 4:00 P.M. THE SECOND (YNO) AND FOURTH (4'")
MONDAY OF EACH MONTH. COMMENTS OF ANY NATURE WILL BE RESPONDED TO BY THE
OFFICE OF THE CITY MANAGER. IN THE EVENT THAT THE CONCERN REMAINS
UNRESOLVED, THE CITIZEN (S) OR PARTY WILL BE ASKED TO ADDRESS THE CITY
COMMISSION DURING THE MEETING.
7. EXPENDITURE REQUESTS-none
8. DISCUSSION AND POSSIBLE ACTION
8.1 Discussion of Dania Chamber of Commerce occupying the
Nyberg\Swanson House. (Staff)
Patricia Flury, Chairwoman-elect of the Greater Dania Chamber of Commerce,
advised that the Chamber has been in existence for 18 months and that their first
objective was to develop a basic business infrastructure. Currently, the Greater
Dania Chamber of Commerce has more than 80 members, sound bylaws, an
attorney, a business plan, insurance, financial statements, etc. The Chamber
Breakfast and Card Exchange Meetings have provided an excellent forum for the
business community to come together.
Mrs. Flury requested permission to utilize approximately 500 square feet of
space in the Nyberg\Swanson House to relocate the new Chamber. Initially, the
office would be open from 10:00 a.m. to 2:00 p.m. Monday through Friday.
Commissioner Bertino was very supportive of the request and asked if the
Chamber would consider operating from Tuesday through Saturday. Mrs. Flury
mentioned the need to hire staff to operate the office and the need to address
operating hours at that time.
Mayor Mikes mentioned that the City is suppose to use the second floor of the
Nyberg\Swanson House for historic exhibits of the City and that Saturdays would
be a better day to be open to conform with most businesses. Mayor Mikes
mentioned the need to make building and landscaping improvements to the
Women's Club and the Nyberg\Swanson House and the possibility of having a
pavilion in the area.
Vice-Mayor Cali requested to have city staff assist the Chamber in filing an
application to get the Nyberg\Swanson House on the National Register for
Historic Properties.
A motion was made by Vice-Mayor Cali, seconded by Commissioner Bertino, to
direct City Manager Smith to work with the Greater Dania Chamber of Commerce
to lease 500 square feet of office space at the Nyberg\Swanson House and that
an agreement be brought back to the City Commission.
MINUTES-REGULAR MEETING 16 SEPTEMBER 23, 1997
-i MEMORANDUM
TO: Michael Smith, City manager
FROM: Terry L. Virta, AICP
Growth Management Director
SUBJECT: Airport America USA, Inc. (SP-18-97)
DATE: September 16, 1997
This is a request by Airport America USA for site plan approval for a
fourteen (14) acre site in the Port Everglades area. Their request is for
permission to develop a long term parking facility to serve the Fort Lauderdale-
Hollywood International Airport. The property is zoned M-3 (Broward County)
and was reviewed under those requirements.
This site is a portion of a larger twenty seven (27) acre parcel and
represents Phase 1 of a three phase project. The access to the site is off of
Southeast 32nd Street. As a part of this project the applicant intends to improve
the access road to the project site.
City Staff, represented by Leigh Kerr AICP, has had a series of meetings
with the applicants representatives regarding this site plan. As a result, various
revisions were made to the site plan including expansion of site data as well as
parking computations. The landscaping proposed for the site was also modified
to enhance the project.
RECOMMENDATION
The Planning and Zoning Board met on August 20, 1997 and considered
this project. The Planning and Zoning Board asked the applicant if they would be
willing to increase the diameter of the trees that were to be planted. The
applicant agreed and has increased the diameter from 2.5 inches DBH to 3
inches DBH. The Planning and Zoning Board also had concerns regarding
safety for the patrons and the applicant has indicated that they will have security
in the form of a roving patrol.
The Planning and Zoning Board recommends that the City Commission
approve this site plan subject to their concerns having been addressed. The
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Applicant has complied with their concerns/requests and the Planning and
Zoning Board's recommendation is for approval. Staff also recommends
approval in that the application fully complies and in the case of landscaping
exceeds the requirements of the City Code.
S
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q—(C—cr—suir—in—g
?n—g�reers
AHAN•PROCTOR AND ASSOCIATES, INC.
S:rvevcr, 'ccne.s _��.oD�✓eccma,ni ._-;wrrras
September 3, 1997
t
° City of Dania
100 West Beach Boulevard
r Dania. FL 333004
Attn: William Johnson
° Chief Zoning/Code Inspector
Subject: Airport America USA Site Plan Approval
1
Dear Mr. Johnson:
i
Submitted herewith are 7 prints of the revised landscape plan for the subject project. The
revisor, reflects increasing all trees from a minimum of 2%" to 3" caliper at breast heiehr
so as to comply with a request of your City;, P&Z Board at our meeting before them on
a Auaust 20. 1997.
We also enclose herewith a letter from Florida Department of Transportation which
° reflects their preliminary approval of the project's future entrance on "Old Eller Drive" (?
Phase !I Condition). This information was also requested by your City's P&Z Board.
Lastly, the same Board asked about security for the project. The Owners wish me to
inform your City that they will have 24 hour security on (lie project. This security will be
in the form of a vehicular patrol of the site.
We look forward to presenting the Phase I Site Plan before vcur City Council on
September 9. 1997.
Very truly yours.
D.Ni. Ambrose. P.E.
DNIA:seiv
cc: Leiah Ker</John Bona —
Enclosures
i • ......1f1n'.1We.Jl:_:t••••.1 V.•vNK'J.n ..•
6191 West Atlantic Blvd. PO. Bur 4399 .
,! Nlargare.FL 3306; . iu54)9;j.jugu . FA\ iui11 9;?.41;ti • Palm Hcach (itiU 7640687
a^ �
FLORIDA DEPARTMENT OF TRANSPORTATION
u WTON CuILES ��
DISTRICT FOUR
r GOVERNOR 3400 West Commercial Boulevard BEN G.WATTS
Ft. Lauderdale,Florida 33 309-342 1
SECRETARY
Telephone(954)777-4383
April 24, 1997
THIS PRE-APPLICATION FINDING MAY NOT BE USED AS A BASIS FOR PERb11T APPROVAL
AFTER October 24, 1997
THIS DOCUMENT IS NOT A PERMIT APPROVAL
Mr. Ken Cox, P.E.
Camahan- Proctor& Associates
6191 W.Atlantic Boulevard
Margate, Florida 33063
Dear Mr.Cox:
RE: Pre-application Review for vehicular access connection(VAC)permit request
Permit Number N/A,State Section 86095,State Road 862,Approx. M.P.N/A
Posted Speed 15 m. .h.,Access Class 6, Connection Category
Broward Counrv, Uthan Section, In the City of Dania
Request: A right-in only VAC off the norhem jug-handle of Eller Drive at 1-595
Applicant: Park 'N' Go,Property Owner: Phillips Petroleum, Business Name: Park 'N' Go
A Pre-application Review of the sub'ect proJ'ect was conducted at your request April 24, 1997.
The purpose of the Pre-application sub
,or VAC is to establish agreement on the permit category,number,type,
and general location of VACS of the applicant's property to the State highway. We have given the plan,as
presented,as thorough a review as possible at this point and our comments or findings are as follows:
• We approve the concept as presented with the following considerations.
• Please include a copy of this letter wiw your request for continued pre-application review or permit
application.
Conditions: This VAC must not interfere with any work planned by Broward County Airport or D.O.T.
Dimensions between features are from the near edge of each feature unless otherwise
indicated.
Our rating of your preparation for this review 40 1 60 1 70 1 75 1 80 1 85 1 90 1 95 1p0:
Favorable review of the proposal generally means that you may develop plans complying with the Review
comments and submit them,within six months,to the Department for permit processing. When permit requests are
submitted subsequent to a Pre-application Review, Department permits personnel have the duties of checking the
viability of the design plans in terms of standards compliance and constmetibility. In keeping with the spirit of the
Rule,the Department will attempt to abide with the Review comments favorable to your plan to the extent that
necessary discretion is available to the Permits Engineer. Unfavorable review generally means that a permit
application based on the design proposal would likely be denied.
If you should have any questions please contact us at the telephone number shown above.
Sincerely,
Clark D.Turberville, P.E.
District Permits Engineer
CDT/jma
cc: Jonathan Overton, P.E.
Beth Coe
AI Rich
Lynda Veillette
Cassandra Piche
File: 6520.01 /f:luserstpermu`.conceptulpark'mg.424
®RMU=VAM
•
APPLICATION FOR SITE PLAN APPROVAL w
CfIY OF DANIA
\\ �Q 100 WEST DANIA BEACH BOULEVARD
DANIA, FLORIDA 33004
305/921.8700
APPL!CA 1 ION NUMBER S /�- DATE G 30-9�
The undersigned petitions the Growth Management Department and/or the Gty
Commission of the City of Dania to consider site plan approval on the ;arcel (s) of land
descaced in this application.
NAINIE OF APPLICANT: AIRPORT AMERICA USA, INC. _
ADDRESS OF APPLICANT: 701 E. COPAMCIAL BLVD. FT. LAUDERDALE FL.
PHONE NUMBER: ( 954 ) 771-1850 FAX NUMBER: ( 954 ) 491-3689
PROPERTY INTEREST OF APPLICANT: CONTRACT PURCHASER
NAME AND ADDRESS OF PROPERTY OWNER (IF NOT THE APPLICA.Y,M:
PHILLIPS PETROLE[1M COMPANY_ P_n anz tou7- unncmnu TT?VAq 77,)si
ADDRESS AND LEGAL DESCRIPTION OF SUBJECT PROPERTY:
SEE ATTAMENT FOR LEGAL DESCRIPTION
SE 32ND STREET. PORT EVERGLADFS TERMTNAi._ nANTA Fr.
E 157NG LAND USE DESIGNATION: T EYJ57NG ZONING: M-3
LOT SIZE: ACREAGE 14.09 SQ. FT. 613.764
I
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DESCRIPTION OF PROJECT: SITE IS PROPOSED TO BE A PRIVATELY OPERATED,
LONG TERM AUTOMOBILE PARKING FACILITY PRIMARILY SERVING FORT LAUDERDALE
u
I
INTERNATIONAL AIRPORT
r
SECTION: zs TOWNSHIP: 50S RANGE: 42E
TAX FOLIO NUMBER:
{
RECORDED PLAT NAME:
r
PLAT BOOK: PAGE:
t
LIST ANY SPECIAL EXCEPTIONS, VARIANCES, REZONINGS ETC. THAT MAY BE
{
REQUIRED TO SUPPORT THIS APPLICATION:
NA
i
ANY OTHER INFORMATION IS SUPPORT OF THIS APPLICATION:
--------------
---------------
1
Y
NO 7 E. ALL SIGNATURES MUST BE NOTARIZED.
PETITIONER: AIRPORT AMERICA USA, INC.
RINT NIA'MEICORP RAT10N
BY:
// AUTHORIZED SIGNATURE
Sworn to and subscribed before me �J JOHN R. BONA, PRESIDENT
this 2 7llay of SG[NE 19 7 7 PRINT NAME AND TITLE
(If Corporation)
No�rf-fZublic
(Notary Stamp/Seal) `PFY POk,
PAT CARIM4c OFFOe
iCTRY
rant Name QFFIPPATCAINACK
ies: �/ wMM•MLSSIO651l0 NO.
�'gpu COTdi57
Commission YCO� NFj(P.IUNg S,ly,y
i
FOR WHEN PETITIONER IS NOThiE OWNER OF 4trR I�P�r ARnaca�v
PROPERTY OWNER: PHILLIPS PETROLEUM COMPANY
PRINT OWNF-RICORPO N NAME
BY: 7/ ' /� �1
/ AUTHORIZED SIGNATURE
Sworn to and subscribed before me JOHN R. BONA, AGENT
thisr',�[lfday of Tim 19 97 PRINT NAME AND TITLE
(If Corporation)
P.O. BOX 1987, HOUSTON, TEXAS 77251
NW2ry-Public ADDRESS OF OWNER
J 713-663-3675
3lgnaa:re
24 R 1" 4c (Notary StampiSea!)
rant Name
Commission Expires: ����9� ,?9
OF
)PPICfAI.NOTAQV 5"
PATCAMACK
.:OMMMON NO.CCOW
3 AY C0104 ION Ea.P2a LIM
I
DESCRIPTION OF
PHASE 1
"AIRPORT AMERICA USA"
IN THE CITY OF DANIA, FLORIDA
LEGAL DESCRIPTION:
THAT PART OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF THE SOUTHWEST ONE-QUARTER (SW
1/4) OF SECTION 23. TOWNSHIP 50 SOUTH, RANGE 42 EAST, LYING NORTH AND WEST QF THE
13ROWARD COUNTY PORT AUTHORITY RAILROAD RIGHT-OF-WAY, BEING A PORTION OF THOSE
LANDS CESCRIBED IN A DEED FROM El IZABETH J. SCHULL TO PHILLIPS PIPE LINE COMPANY
DATED FEBRUARY 7, 1963 AND RECORDED IN BOOK 2544, PAGE 594 OF THE DEED RECORDS OF
BROWARD COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID NORTHEAST ONE-QUARTER (NE 7/41 OF THE
SOUTHWEST ONE-QUARTER (SW 1/4) OF SECTION 23; THENCE NORTH 88 001'48" EAST, ON THE
NORTH LINE OF SAID SOUTHWEST ONE-QUARTER (SW 1/4) OF SECTION 23, A DISTANCE OF
945.76 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF THE BROWARD COUNTY PORT
AUTHORITY RAILROAD; THENCE SOUTH 01 037'32" EAST, ON SAID WEST RIGHT-OF-WAY LINE,
A DISTANCE OF 767.01 FEET; THENCE SOUTH 88°01'48" WEST, ON A LINE LYING 767.00 FEET
SOUTH OF, AS MEASURED AT RIGHT ANGLES TO, SAID NORTH LINE OF THE SOUTHWEST ONE-
QUART"E3,A DISTANCE OF 681.25 FEET;THENCE NORTH 46'58'12'WEST,A DISTANCE OF 28.28
FEET;THENCE NORTH 01 °58'12"WEST,A DISTANCE OF 555.00 FEET;THENCE SOUTH 88°01'48'
WEST, CN A LINE LYING 192.00 FEET SOUTH OF, AS MEASURED AT RIGHT ANGL=S TO, SAID
v NORTH LINE OF THE SOUTHWEST ONE-QUARTER, A DISTANCE OF 240.77 FEET; THENCE NORTH
01 °42'36" WEST, ON THE WEST LINE OF SAID NORTHEAST ONE-QUARTER (NE 1/4) OF THE
SOUTHWEST ONE-QUARTER (SW 1/4),A DISTANCE OF 192.00 FEE ii TO THE POINT OF BEGINNING.
TOGE ii HER WITH:
THE NORTH 100 FEET OF THAT PART OF SAID NORTHEAST ONE-QUARTER (NE 1/4) OF THE
SOUTHWEST ONE-QUARTER (SW 1/4) OF SECTION 23 WHICH LIES EAST OF THE SAID RIGHT-OF-
WAY OF THE BROWARD COUNTY PORT AUTHORITY RAILROAD, BEING A PORTION OF THOSE
LANDS CESCRIBED IN A DEED FROM ELIZABETH J. SCHULL TO PHILLIPS PIPE LINE COMPANY
DATED F'EBRUARY 7, 1963,AND RECORDED IN BOOK 2544, PAGE 594 OF THE DEED RECORDS OF
BROWARD COUNTY, FLORIDA, ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT SAID NORTHWEST CORNER OF THE NORTHEAST ONE-QUARTER(NE 1/4)OF THE
SOUTHWEST ONE-QUARTER (SW 1/4) OF SECTION 23; THENCE NORTH 88°01'48' EAST ON THE
NORTH LINE OF SAID SOUTHWEST ONE-QUARTER (SW 1/4) OF SECTION 23, A DISTANCE OF
1045.76 FEET TO THE POINT OF BEGINNING;THENCE CONTINUE NORTH 88'01'48"EAST ON SAID
NORTH LINE. A DISTANCE OF 281.92 FEE'i TO A POINT ON THE EAST LINE OF THE NORTHEAST
ONE-QUARTER (NE 1/4) OF THE SOUTHWEST ONE-QUARTER (SW 1/4) OF SAID SECTION 23;
THENCE SOUTH 01 *25'50' EAST ON SAID EAST LINE, A DISTANCE OF 100.00 FEET; THENCE
SOUTH 88°01'48" WEST,A DISTANCE OF 281.87 FEETTO A POINT ON THE EAST RIGHT-OF-WAY
LINE OF SROWARD COUNTY PORT AUTHORITY RAILROAD;THENCE NORTH 01 032'37" WEST ON
SAID EAST RIGHT-CF-WAY LINE, A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE. LYING AND BEING IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA,
AND CCNTAIN 14.090 ACRES, MORE OR LESS.
0:1WPCA0C-LMoEEG7H1 LEG
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PHILLIPS PETROLEUM COMPANY
"O.l0X1m 7136M.3075
NOUSTOM. +"DAS rMl.190
FAMNtr 'AXIS,REAL ESWE ANO G,1.MS
+
June 26. 1997
+
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V(A RACSTMTLE(305)9314144
John Hans
+
Dear John:
+
This is to contirm that you have a contract to purchase Phillips Petroleum Company's
Property in the Port and have Philips' approval to make the necessary app6cationS for
government approval to enable you to develop the property for the purposaa Set forth in
the Purchasc Agreement. If you need anything further, please do not hesitate to ter me
Mow.
Vay truly yours
J a D. BAccus
�713) 669.7581
JDB:gr
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Property Data
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The Information Management Company
6954 N.W. 12 STREET, MIAMI, FLORIDA 33126
305-477-9149 • 800-287-4799 • FAX 305-477-7526
a photocopyinpoop
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FC 017
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' 3
CITY OF DANIA
INTEROFFICE MEMORANDUM
1
TO: Michael Smith
City Manager
i
THRU: Terry Virta 7,,5�e, icy
Growth Managemen erector
FROM: Eula Gardner a��
Administrative Assistant-Occupational License Division
RE: Renewal of Occupational License for Auctioneers
DATE: November 18, 1997
Request is hereby made for renewal of an occupational license for two auctioneer's
licenses. Section 21-52 of the Dania code of ordinances indicates such a license is to
be granted or reviewed by the City Commission on an annual basis
The renewals concern the license of Sheila Gross for property at 45 S. Federal Hwy.
and Thomas Cimaglia for property located at 6 S Federal Hwy. The applicant has been
given notice that the hearing will be held at the November 25, 1997 meeting.
Section 21-52 (d) explains the criteria by which the City Commission may refuse or
revoke an auctioneer's license. In checking with William Johnson of Code
Enforcement, there have not any violations of this section during the past year.
CC: Terry Virta, Growth Management Director
Attachments
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CITY OF DANIA
100 W. DANIA BEACH BLVD,
" P.O. BOX 1708
_ DANIA, FL 33004
(954) 921-8700
Administration Fax: 921.2604 Finance Fax: 922-5819 Growth Management Fax: 922.2687
November 19, 1997
I
I Mr. Jay Kodner
Kodner Galleries
45 South Federal Hwy
i
Dania, FL 33004
Dear Mr. Kodner:
i
The Dania City Commission will conduct a hearing concerning your renewal
for an auctioneer's license for property at 45 South Federal Highway at their
November 25, 1997 meeting. The hearing will be placed on the agenda for the
meeting which begins at 7:30 p.m. The meeting is held at the City Commission
Room at 100 W Dania Beach Blvd. You have the right to be represented at the
hearing by counsel.
Attached for your information is a portion of Chapter 21 of the Dania Code
of Ordinances which concerns auctions and auctioneers. An annual license is
required. We have your renewal notice for 1997/98, as well as your bond.
Please be familiar with Section 21-52 (a copy is enclosed) which is the
criteria by which the City Commission can revoke or refuse an auctioneers
license.
Sincerely,
CITY OF DANIA
,� /ry� G�'�lpJ✓
�Eu�M Gar ner
Administrative Assistant
Occupational License
CC: Michael W. Smith, City Manager
Terry Virta, Growth Management Director
y \
CITY OF DANIA
-�_ 100 W. DANIA BEACH BLVD.
- P.O. BOX 1708
DANIA, FL 33004
(954) 921-8700
Administration Fax: 921-2604 Finance Fax: 9225619 Growth Management Fax: 922.2667
November 19, 1997
Mr. Thomas Cimaglia
6 South Federal Hwy
Dania, FL 33004
Dear Mr. Cimaglia:
The Dania City Commission will conduct a hearing concerning your renewal
for an auctioneer's license for property at 6 South Federal Highway at their
November 25, 1997 meeting. The hearing will be placed on the agenda for the
meeting which begins at 7:30 p.m. The meeting is held at the City Commission
Room at 100 W Dania Beach Blvd. You have the right to be represented at the
hearing by counsel.
Attached for your information is a portion of Chapter 21 of the Dania Code
of Ordinances which concerns auctions and auctioneers. An annual license is
required. We have your renewal notice for 1997/98, as well as your bond.
Please be familiar with Section 21-52 (a copy is enclosed) which is the
criteria by which the City Commission can revoke or refuse an auctioneers
license.
Sincerely,
C13 OF DANIA
J(aak-
rAner
Administrative Assistant
Occupational License
CC: Michael W. Smith, City Manager
Terry Virta, Growth Management Director
i
12146 DANIA CODE
shall, upon conviction, be fined not less than twenty-five dollars ($25.00), nor more than five
hundred dollars($500.00),or be imprisoned for a period not to exceed thirty(30)days for each
violation. (Ord. No. 293, 16, 6.6•az)
Secs. 2147-21-50. Reserved.
ARTICLE IV.AUCTIONS AND AUCTIONEERS•
Sec. 21,51. License required.
No personal property(goods, wares or merchandise)shall be sold at auction in the City of
Dania,Florida,except in compliance with the provisions of this article. It shall be unlawful to
sell or cause or permit to be sold at auctions, any personal property(goods;wares or merchan.
dise) in the City of Dania, Florida, unless such sale is conducted by an individual who has
applied for and obtained an auctioneer's license from the City of Dania. (Ord. No. 27.88, 4 1,
5.24-88)
Sec. 21.52. Issuance and revocation of license.
(a) The city commission of the City of Dania, Florida, is hereby authorized to grant or
renew an auctioneer's license for any period of time not exceeding one year to any individual
applying therefor on a form to be provided for in section 21.54 of this article and the filing by
the applicant of the bond required by the applicant of the bond required by section 21.55 of
this article.
(b) The forth on which application shall be made for an auctioneer's license shall require
the following information:
(1) Name of the applicant.
(2) Residence and business address of the applicant.
(3) The length of time for which an auctioneer's license is desired.
(4) A statement as to whether or not the applicant holds, or has held an auctioneer's
license from any state, municipality, governing body or licensing authority; a list of
such licenses and a statement of the time,place and by whom issued;a statement as
to whether any state, municipality, governing body or licensing authority has ever
refused to issue or to renew an auctioneer's license to the applicant together with shill
and accurate statement as to t1. reasons for any such refusal; and a statement as to
whether any state, municipality, governing body or licensing authority has ever
revoked an auctioneer's license held by the applicant together with a full and accu•
rate statement as to the reasons for any such revocation.
*Editor's note—Ord. No. 27.88, 44 1-10, adopted May 24. 1988, did not specifically
amend the Code;therefore,inclusion as Art. IV, 44 21.51-21.60, was at the discretion of the
editor.
Cross reference—License fee schedule, li 15.12.
Supp. No.31 1276
i
SALES AND AUCTIONS 1 21.52
(5) A statement as to whether or not the applicant has ever been convicted of any crime,
misdemeanor or violation of any municipal ordinance, and if so, the nature of the
offense and the punishment or penalty assessed thereto.
(6) A photograph of the applicant, taken within sixty (60) days immediately prior to the
date of the filing of the application, which picture shall be two(2) inches by two (2)
inches showing the head and shoulders of the applicant in a clear and distinguishing
manner,except that the city commission may waive this requirement with respect to
an application for renewal of an auctioneer's license by an individual holding an
unexpired auctioneer's license issued under this article and who has in a previous
application under this article complied with this requirement;
(7) The fingerprints of the applicant and the names of at least two(2)reliable property
owners of the County of Broward, State of Florida, who will certify as to the appli•
cant's good moral character and business responsibility or in lieu of the names of
references any other available evidence as to the good moral character and business
responsibility, except that the city commission may waive this requirement with
respect to an application for renewal of an auctioneer's license by any individual
holding an unexpired auctioneer's license issued under this article who has in a
previous application under this article complied with this requirement.
(c) Before issuing an auctioneer's license to any individual applying therefor the city
commission shall refer the application to the chief of police who shall cause to be made such
investigation of the applicant's moral character and business responsibility as he deems
necessary for the protection of the public good,except that the city commission may waive this
requirement with respect to an application for renewal of an auctioneer's license by any
individual holding an unexpired auctioneer's license issued under this article if an investiga• '
tion of such applicant's moral character and business responsibility has previously been made
under this section in connection with a prior application for an auctioneer's license under this
article.The chief of police shall cause the investigation herein provided for to be made within
a reasonable time and shall certify to the city commission whether or not the moral character
and business responsibility of the applicant is satisfactory.
(d) An auctioneer's license may be revoked by the city commission or an application for
issuance or renewal of such license may be refused by the city commission,if it is determined,
after notice and hearing:
(1) That the applicant or license holder is not an individual of good moral character and
business responsibility; or
(2) That the application of the applicant or license holder contains any false,fraudulent
or misleading material statement;or
(3) That the applicant or license holder has made any false, fraudulent or misleading
material statement in the course of conducting an auction sale of,or in offering for
sale at auction, any real or personal property (goods, wares or merchandise) in the
City of Dania, Florida;or
Supp. Na 31
1277
4 21.52 DANIA CODE
(4) That the applicant or license holder has perpetrated a fraud upon any person whether
or not such fraud was perpetrated in the conduct of an auction in the City of Dania,
Florida;or
(5) That the applicant or license holder has violated any of the statutes of the State of
Florida relating to auctions or auctioneers; or
(6) That the applicant has been convicted of any crime or misdemeanor involving moral
turpitude;or
(7) That the applicant or license holder has conducted an auction sale of, or offered for
sale at auction, any real or personal property (goods, wares or merchandise) in the
City of Dania,Florida, in an unlawful manner or in such a manner as to constitute a
breach of the peace or a menace to the health, safety or general welfare of the public.
(a) Notice of the hearing provided for in subparagraph(d)above shall be given in writing
to the applicant or license holder as the case may be. Such notice shall be mailed, postage
prepaid, to the applicant or license holder as the case may be at his last known address at
least five(5)days prior to the date set for hearing.The applicant or license holder as the can
may be shall have the right to be represented at such hearing by counsel.(Ord. No. 27.88, 12,
5.24.88)
Sec. 21.53. Judicial remedy by circuit court.
Any person aggrieved by any decision of the city commission may, within thirty(30)days
from the date of rendition of such decision, apply to the Circuit Court for the Seventeenth
Judicial Circuit in and for Broward County, Florida, for a review of such decision of the city
commission, which said review shall be limited to a petition at common law for a writ of
certiorari.(Ord. No.27-88, 4 3,5.24.88)
Sec. 21-54. license fees.
The fees for an auctioneer's license shall be as set forth in section 15.12 of the Code of
Ordinances of the City of Dania.(Ord. No.27.88, 4 4,5.24.88)
Sec. 21.55. Bond.
Every applicant for an auctioneer's license shall file with the clerk-auditor of the City of
Dania, Florida, a surety bond running to the City of Dania, Florida, in the amount of one
thousand dollars ($1,000.00) with surety acceptable to and approved by the city commission
conditioned that the said applicant, if issued an auctioneer's license, will comply fully with all the
provisions of the ordinances of the city and the statutes of the state regulating and concerning
auctions and auctioneers,will render true and strict accounts of all bis sales to any person or
persons employing him to make the same,will not practice any fraud or deceit upon bidders or
purchasers of property from him at any auction sale or suffer or permit any person in his
employ to practice any such fraud or deceit,and will pay all damages which may be sustained
by any person by reason of any fraud, deceit, negligence or other wrongful act on the part of
Supp.No.31
1278
SALES AND AUCTIONS 121.58
the licensee, his agent or employees in the conduct of any auction or in the exercise of the
calling of auctioneer. A liability insurance policy issued by an insurance company authorized
to do business in the State of Florida which conforms to the above requirements may be
permitted by the city commission in his discretion in lieu of a bond. (Ord. No. 27.88, 15,
5.2488)
Sec. 21z6. Place of conducting auctions,
(a) No auction sale of personal property(goods, wares or merchandise)shall be conducted
within any of the residential areas of the city except upon the issuance of a special permit
therefor by the city commission and in accordance with the express terms of such special
permit.
(b) Application for a special permit to conduct an auction sale of personal property(goods,
wares or merchandise)within the areas of the city described in subsection(a) above shall be
made to the city commission on a form to be provided by the city upon which shall be stated
the nature and quantity of the goods to be sold and the number of days during which it is
desired to conduct such auction sale.The city commission shall issue such special permit upon
the payment of a fee of fifteen dollars($15.00)which fee shall be in addition to and not in lieu
of'the fees and bond provided for in sections 21.54 and 21.55 respectively,of this article, upon
its determination that there is good and sufficient reason for the issuance of such special
permit. Such special permit shall specify the place or places within the areas described in
subsection(a)above to which it pertains and the number of days for which such special permit
is valid.
(c) The city commission may refuse to issue or reuew such special permit or may revoke
any special permit already issued, if it determines that there is goad and sufficient reason for
such refusal or revocation. Any individual aggrieved by the action of the city commission in
refusing to issue or renew or in revoking any such special permit shall have the right to
appeal as provided in section 21.53 of this article.In the event that such an appeal be taken,it
shall be unlawful for any individual to conduct any sale at auction in accordance with the
terms of such special permit.
(d) No such special permit shall be issued to any individual except one to whom an
auctioneer's license has been issued under section 21.52 of this article. (Ord. No. 2788, 16,
5.24.88)
Sec. 21.57. -Auctions prohibited on streets,sidewalks and public property.
It shall be unlawful to conduct an auction sale of personal property (goods, wares or
merchandise)on any of the streets,sidewalks,or public property of the City of Dania,Florida.
(Ord. No.27.88, 17,5.24.88)
Sec. 2158. Night auctions of jewelry and certain other articles prohibited.
It shall be unlawful to offer for sale at auction or sell at auction, any gold, silver,plated
ware, clocks, watches, diamonds or other precious or semiprecious stones or any imitation
Supp.Na 31
1279
1 21.58 DANIA CODE
thereof,glassware,chinaware or jewelry or any article purporting to be or represented as any
of the above-listed articles between the hours of 6:00 p.m. and 8:00 a.m. (Ord. No. 27.88, li 8,
5.24.98)
Sec. 21-59. Article not applicable to Judicial sales.
The provisions of this article shall not be applicable to auction sales conducted by trustees
or referees in bankruptcy, executors, administrators,receivers or other public officers acting
under judicial process, nor to the sale of real property at auction.(Ord. No. 27-88, f 9, 5.24m)
Sec. 21-60. Penalties.
Any person violating any of the provisions of this article shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be fined not exceeding five hundred dollars
($500.00)or by imprisonment in the county jail not exceeding ninety(90)days,or by both such
fine and imprisonment. Each such violation shall constitute a separate o(rense and shall be
punishable as such hereunder. (Ord. No. 27-88, i 10,5.24.88)
Supp. No.31 [The next page is 13251
1280
The Information Management Company
6954 N.W. 12 STREET, MIAMI, FLORIDA 33126
305-477-9149 • 800-287-4799 • FAX 305-477-7526
a poop
photocopy in
condition
FC 017
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/Yov. 2.) fe•crok. Aye r
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� TO Mike Smith, City Manager
FROM Kashmir Felix, Activities & Volunteer Director
RE ; Street Blockade for Dania Nursing Home' s Family Day
i
DATE 11/10/97
------------------------------------- - -------------------------
This will be Dania Nursing Home' s 3rd year hosting an open
house event called "Family Day" on Friday, December 5, 1997 from
S : OOpm to 7 :30pm. There will be food, games, entertainment,
raffling of prizes, health fair, civic associations . Our residents,
their families, our volunteers, neighbors, B.S .O. and other friends
i
will be invited to this special event .
I wanted to request the traditional street blockade on 4th
street between Dania Nursing Home and Dania Beach Retirement
Center.
Please contact me for further information at (954) 927-0508 .
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From State
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29285
FORT . LAUb
ERDALE DAILY NEWSCity Buys .Acr eage
UESDAY. MAY 15, -
PAGE 1-B At Bargain Price;
i
Adler Praissl. Deal
Land Bought At Public Sale Could Become Highly
Valuable Under, Exploitation
By JOIIN tlOPI{INS ;,?• � `
TALL.AHASSEE-The city of Dania today brought
off one of the year's biggest land bargains=purchase of a
half mile pf beachfront land from the State Internal Im-
provement board for only $2,285. The land, which could
become fabulously valuable under commercial exploitation,
i 'lies immediately. 'horth of
Dania's present 1,000 feet of
beach front.
The city paid $10 an acre"
I for the 281/2 acres, which lies
between the Intracoastal water.
way and the ocean.
Ma F. C. Adler declared the
purchaseyor was "the biggest thing
I25 Sears for Dania.-
The land was purchased today
at a pubilc sale handled through
the office of Sinclair Ivells, land
anent for Commissioner of Agri•
culture Natfian 1Vlayo.
a \
y
11/17/1997 11:55 'dN5923NF9;y
I•ICAUUMS
PF1C�E ul
Craig McAdams
320 N.E. Second Court
Dania, Florida 33004
(954)328-1742
Nov.
, 1997
Att: Mike Smith, City Manager
Re, Regular City Commission meeting scheduled Nov. 25.
Dear Mike;
Please place me on the ajenda to make a report of the
marine advisory committee on Nov. 25.
Items to be discussed:
1- Items recommended previously.
a. removal of overhanging trees on Dania Cut-off.
b. pursuit of widening bridge at U.S. 1
c. replacement of manatee signs.
A. water quality with reguard to bacteria.
2. New recommendations-
a. condition of bathrooms at the pier,
b. regulation of casino ships within the city-
Revenue to compensate for additional traffic.
Congestion at I.T.Parker Center.
Traffic impact in residential area.
c. concern over the degrading appearance in the
waterfront industrial areas.
The only items to be discussed are found in the minutes of
meetings. Thank You.
NOU-17-1997 12:30
3059238032
P.02
•
.. Oct-28-97 03:57P G,T,11 11, M, P .A. 954 492-0074 PP. ,022/ /
GUSTAPSON, TILTQN, HENNING & MLTZGER, I'.A.
A'rI'OKNFY5 AT LAW
ERIC B.TIE:rcIN SUITE 440
'1110MAS F.GUSTAF'SON 49M NoRnl FFOLKAL HICIIW.11'
JON M.HENNING' Four l-AUDr:RDAtI�Pi. 33308
CHRISTOPIIER J.Krmr TFLErrwNE(954)492.0D71.
KrxveTrr J.MM. ( FR FAx(954)492 IXrl4
MARK D.GREEIVSPAN"
PmurC.RonrscHILL) S —200
204 SOU1H MONROE STUM
Ur'CuuNsl'1. TALI.AHASSEE,I:[. 323M
MAL V IN ENGLANDER Tb:1.F.171o:qu(850)42S.W)h
MONICA L S1tRKA.,P.A. FAX(MO)425-2463
H1 rr)A BAR BOA%D CEREnIEU -----
'CR;f'(IUh7YANl/ PLF k EREPLV'1'U
IARaL-'RELETI'ATL LAW MEMORANDUM Fc1RTLAUDPDArF.0yr1Qt
TO: Mike Sntftlt,City Manager,City of Dania
FROM: Thomas F. Gustafson
DATE: October 28,1997
Attached please find the memorandum to the Dade County, Browaml and
Valm Beach County MPO Executive Directors, tl1e'1'ri-Rail Executive Diroctor wtd
the District IV FDOT Director of Plannin I expect that all theparticipants b ex P with
the exception of FDOT will combinc their funding for a single work effort broadly
defined in the funding scenario The FDOT will be looking for local govermlients
who vvish to initiate demonstration project phnning efforts on a 50/50 basis. In
discussions with the City of Hollywood City Marul Cr an([ staff, they have
indicated a willingnoss to undertake such a planning effort with the City of Dania.
I would suggest that if each City contributed S5,000.00 to establish a $1"Ou.(M)
match for a $10,000.00 FDOT contribution, that greenways with transit
chmponcnts could be conceptually 1
P Y p alvted in ec ual corridor lengths gths for each City
with appropriate cmurections to Tri-]tail stations, the airport and City Halls and
other appropriate City significant destinations. FDC T already has a well
established joint participation agreement procedure established in Hollywood
which you may find useful in pursuing this joint utitiative. Should the Dania City
Commission have an interest in this opportunity, I would suggest a meeting with
the FDOT'and appropriate City staff as soon as possible.
T'K1_cse
cc Joe Yesberk, Director iaf Planning, FDCYI', District IV
Sam FinL,City Manager,City of Hollyaau}d
OCT-2e-1997 16:55 954 492 0074 P.02
Y
Dcb-28-97 03: 57P G,T,H R M, P .A. 954 492-0074 P.03
GUSTms^ TJLT'ON, HENNING & METZGER, P.A.
ATrORNFys Ar LAw
Eric B.TILTON SUITE 440
THOMAs F.Gus-rAFSON 4901 NORTH FEDERAL HIGHWAY
ION M.HENNING* FORT LAUDERDALE,FL 33308
C[1R15TOPIIER J.KErrH TELEPHONE(954)492-OM
KENNErH J.MM7GER FAX(954)492-0074
MARKD.GREENSPAN"
PIIRAP L ROTHSCHITD SutrE 200
204 SoUTn MONROE STREET
OF COUNSEL TALI.AHASSEE,FL 32301
MALVIN ENGLANDER TELEPHONE(850)425-2466
MONICA L.SIERRA,P.A. FAX(850)425-2463
FLORMA BAK Br]Aao CMTIFIED
TC ,CDLNn AND PL IREYLPTO:
LacµGOWRNb MLAW roRTIADDERD.ALE0MCP.
•�REALFsrATE LAN'
MEMORANDUM
TO: Jose-Luis Mesa, Dade County MPO
Bruce Wilson,Broward County 1MP0
Randy Whitfield,Palm Beach County MPO
Jeff Jackson,Tri-Rail
Joe Yesbeck,FDOT,District IV
i
FROM: Thomas F.Gustafson
DATE: October 27,1997
i
RE: Transit Funding
Our File No. 504.002
Pursuant to my conversations today with Jose Mesa, I hope the following
explanation of the financial contributions and the scope of work is acceptable. In addition
to the Palm Beach County MPO contribution($20,000.00) and proposed Broward County
MPO contribution($20,000.00), the Florida Department of TransporLation, District IV,has
proposed to contract for up to $10,000.00 to identify and conceptualize a suitable
demonstration project with a cooperative local government based upon what we know
about walkable transit communities today and what we can learn about their
development and funding through December 1997. The contribution from the Broward
and Palm Beach area will therefore be $50,000.00. In addition, Tri-Pail has agreed to
expend up to $25,000 towards the project that will examine the applicability of walkable
I
i
OCT-28-1997 16:55 954 492 0074 P•03
Oc-t-28-97 03:57P G,T,H & M, P.A.
954 492-0074 P.04
transit communities in connection with Tri-Rail stations,artd Dade County is requested to
expend up to $25,000, for a detrrrnfination of the applicability of these concepts with Tri-
Rail and MetroRail stations in Dade County. I hope that this clistril)ution of cos
benefits is acceptable_ ts and
Enclosed please find a revised scope of work. I will plan to attend the WO
subcommittee meeting now scheduled for October 29, 1997 at 2:00pm and the regular
Dade County MPO meeting scheduled for November 4, 19W at ll:ooun, The Broward
County MM meeting is scheduled for November 13,1997 at 9:00am.
If there are any additional questions regarding the above, the scope of work or the
background materials previously sent to you, please call me.
TFGxse
Enclosures
2
OCT-26-1997 16:55 954 492 0074
P.04
f
i Oct-28-97 03: 57P (3,T,t-I R M, P.A. 954 492-0074 P.05
I
FUNDING SCENARIO
Dade, Broward and Palm Beach Counties
[. Determination of walkable Transit conmmnities applicability to the South Florida area based upon local
government interest.
A. Discussions with municipalities and communities regarding the development of walkable transit
communities providing service to their residents and businesses so as to facilitate a substantially
improved feeder transit service to Tri-Rail and MetroRail stations and related local and regional
destinations with the understanding that there will be requirements during 1998 for, at a conceptual
level,a commitment to:
1) "Zoning reform and other inducements to encourage locallyapproved development along
walkable transit corridors and small metered parking garages and related parking
opportunities to facilitate walkable transit corridor usageand to provide operations revenue;'
2) A coordinated request for planning, construction assistance and operating funds with Tri-
Rail, the MPO's, regional planning councils and local governments within the South Florida
area.
3) Quantifying die local match for capital and operating state and federal funds.
i
II. Clarification and interpretation of emerging state and federal programs and program objectives
including discretionary funding opportunities. Discussions with and referencing of policy issues to
be addressed by the Governor's Commission for a Sustainable South Florida, the Florida Greenways
Coordinating Council,and state agencies,including the DCA,DEP and FD0T.
A, Provide information to DCA, DEP and FDOT in preparation for formal request to Legislature in
February 1998 so as to verify the walkable transit community concept with those agencies and work
out any technical or policy issues in advance of the legislative request.
B. Interpret federal grant programs to determine the best design elements necessary to maximize
eligibility for Federal Transit Administration, Environmental Protection Agency, Department of
Energy, Department of Housing and Urban Development or other federally programmed funds,
C. Draft state legislative requesi for$15 million to be used by MOT in coordination with FDCA and
partfdpating local governments for detailed corridor studies to determine the locations and costs for
walkable transit coaidors, in preparation of a possible grant request to the Fcclmd Transit
Administration and other federal/state agencies in 1998. These initial planning funds will be used for
specific corridor plans, identification of voluntary acquisition opportunities (target of 70°X voluntary
land acquisition including land already in public ownership), development of a specific design
standard for walkable transit corridors in consultation with DEP and local governments, and
construction of walkable transit corridor sections as operating demonstrations and test sites,
111. Development of action plan to advance eligible walkable transit community projects through federal
and state funded initiatives.
Gustafson,'rilton,Henning&Metzger,P.A. 10/27/97
4901 N.Federal Highn•ay,Suite 440
Fort Lauderdale,Fl.33308
Tel:(954)492-0071 Fax:(954)492-0074
OCT-28-1997 16:56 954 492 0074 P.05
Oct-28-97 03:58P G,/T,,HRH R M, P .A. 954 492-0074 P.06
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URBAN G RE E tWA,YS
Thomas F.Gustafson
Philip E.Rothschild
Gustafson,Tilton, lic"&Metzger, P.A.
4901 North Federal Highway,Suf to 440
Fort Lauderdale, Florida 33308
Fax: (954)492-0074
Phone: (954)492-0071
OCT-28-1997 16:57 954 492 0074 P.06
i
s.
Oct-28-97 03:58P G,T,H & M, P .A. 954 492-0074 P .07
EXECUTIVE SUMMARY �
URBAN GREENWAYS:GREENWAY TRANSIT CORRIDORS FOR MULTIM017AL USE
Since, the 1970s, the term "greenway`' has denoted a vegetated linear open space •
usually connecting two or more destinations, "Transit corridor projects" are transportation
initiatives designed to improve mobility within an identified transportation corridor by
increasing people-carrying capacity through the use of high-occupancy conveyances. Urban
greenways are greenway transit corridors for multimodal use utilizing the compatible
characteristics of both greenways and transit corridors to provide an infrastructure and
method for increasing access and use of traditional rail and bus transit systems.
Urban greenways, separated from the congested road system, can simultaneously.
increase sustainable pedestrian/transit oriented mobility; provide the right-of-way for
environmentally supportive alternative transportation; create Iinear parks and public open
space essential for successful livable communities; aid urban infill and redevelopment by
repositioning land use and public access; reduce crime through environmental design
techniques (CPT! D); enhance bicycle and pedestrian usage and safety; establish publicly
supported separations between necessary but conflicting land uses; represent opportunities
for additional underground utility and storm water drainage capacity, as well as future
elevated rail corridors; and ultimtely, improve air quality through an enhanced urban tree
canopy, established as part of a comprehensive greenway landscape plats, and a decreased
reliance on pollution generating modes of transportation. During the first decade of the 21st
century, urban greenway development linked to regional transit systems can demonstrate
how this transit/environmental hybrid will become a principal component of America's
transportation system within econouucally viable,sustainable,and walkable communities.
A comprehensive urban greenway system connecting existing rail and bus transit
systems to key destinations including downtowns, parks, waterfronts, airports, and historic,
cultural or education facilities, can create a community-friendly, seamless public transit
system. In combination with mixed-use zoning,overlay districts and other zoning initiatives
adopted to clearly define the desired built community, urban greenways can link
transportation planning, community planning and urban design to provide physical assets
that fulfill community needs and desires. While urban greenways normally would be
expected to work best in short trip scenarios (two miles or less), in combination with narrow
gauge rail or busway systems, the reach of urban greenways can be extended.
Urban greenways can be 40 to 80 feet wide arterial greenways with sufficient
pavement and green space for pedestrians, bicyclists and clean energy, human scale trams;
or, 16 feet wide collector greenways with sufficient pavement and green space for
pedestrians and bicyclists. Arterial urban greenways will typically be built withLn one block
of and parallel to major thoroughfares, using under-utilized road right-of-way, distressed
property, at-grade parking lots and land not in current active use. Collector urban
greenways will typically utilize available road right-of-way and other publicly owned
property adjacent to schools,parks and other public facilities, Urban blueways will provide
similar water based transit alternatives at strategically located docking facilities within
existing navigable waterways. Construction of small replacement parking garages, within
OCT-28-1997 16:57 954 492 0074 P 07
1
Oct-28-97 03.5E;P G,T,H R M, P .A. 954 492-0074 P.oB
systematically located greenway plaza areas, will provide a source of operating revenue and
help to define the urban greenway as a linear transfer facility to move people from their
private passenger vehicles to various public transit systems.
In the South Florida area, urban greenways can be implemented as part of a
coordinated effort with regional planning courrcils and transportation authorities, city and
county governments, metropolitan planning organizations and state agencies. Planning
funds would be dispersed through the Florida Department of Community Affairs to pursue
the urban infill objectives as articulated in the "Eastward Ho!" recommendations of the
Governor's Committee for a Sustainable South Florida.
Land acquisition funds would be dispersed through the Florida Department of
Environmental Protection (FDEP) to establish and define the greenway corridors. The FDEP
would verify that at least 70% of the land required for the greenway system can be
voluntarily acquired and that the greenway plan constitutes a walkable environment with
greenway compatible transit components and linkages. The remainder property would be
acquired through condemnation. Funding of all land acquisition would be undertaken upon
approval of the design, transit components/linkages and funding requirements by the
Federal Transit Administration (FTA), the Florida Department of Transportation { -DOT),
and the affected metropolitan planning organizations.
The costs associated with greenway pluming, land acquisition, construction, rolling
stock, operations and maintenance will be sought from the Federal Transit Administration
with the recognition that ultimately, local government funds, Community Redevelopment
Agency funding (tax increment financing) and other community resources will be expected
to match traditional state and federal transportation funds and that additional funding and
support will be available through the U.S. Environmental Protection Agency, the U.S.
Department of Energy and other appropriate governmental and private sources.
Building urban greenways with the substantial funding capabilities of the
transportation trust funds will cause dramatic change in cities across America by
substantially reducing the adverse environmental, social and congestion impacts that have
historically been associated with urbanized areas. Once a large scale demonstration of the
urban greenway network is developed, the resulting walkable,sustainable communities will
establish that the economic salvation of our city centers is well within our grasp.r
For additional information,please contact Thomas F.Gustafson or Philip E. Rothschild at:
Phone: (954)492-0071
Fax; (954)492-0074
Sae generally°Back from the Brink:Saving America's Cities by Design"(American Archilecturat lenwldation video,
1996);Michael Bernick and Robert Cervero,LransitvniaLes in the 21ll Century(McGraw-Hdl)(1997).
1016197
OCT-28-1997 16:58 954 492 0074 P.08
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Ocl:-28-97 03:59P G ,T,1-I R M, P .A. 9S4 49?-11074
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The South Florida Tourism Council d
A Professional Association of South Florida Fbtels,
Motels,Restaurants and Tourism Related Businesses
Ralph Riehl
President
Tel (954) 946.7320 Fax (954) 946-1525
j Suite 212A,101 N.Riverside Drive Pompano Beach,FL 33062
Proposed Private-Public Partnership
Pilot Program
Broward County A 1 A Beach Trolley Service
I
i
1
i
• I
I
BEACH TROLLEY TOUR
ON AIA-ALL DAY EVERY DAY
i
Deerfield Beach,Pompano Lauderdale By The Beach, ale
Sea,Dania,Hollywood
$100 Adults It Narrated Tour of the Beached
5 Under 12yrs L Free Re-boarding all day
I F._.__..—•--=-- :c.—_—=.�,,N
BEACH TROLLEY ROUTE and SCHEOUirI ame
w....w.m L._....�J
x.-u.mx R ....Il.0 .curl xum is Adults 1
t .mu raw
N Children [�
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Total Riders
.am }r°I. xa.11
Deposit
t is Adults x ss=
aurl � xarl INChilJren zS2s0=
kIYY t :mwl (Dep.Collected S
} (Balance to be
Pti NORTH Paid to Driver
EAST y of Trolley S
SOUTH
1+ t The South Florida
Tourism Council
954-946-7320
}f (Hotel
;Concierge
I
LITIC
CITY TO UR
® and optional Land & Sea Tour
` -°= • • POMPRNO
- y • Lauderdale by the Sea
• Fort Lauderdale
Fare Includes: All Day ReboardinL*
nease call -for r6seruations.,
Cruise All Do long In Hassle—free Comforf.. K
Trolley Schedule
In Nosfo gIC, Old-Time Trolley Sfyle+ Sel'en Days a Week <> 19:3O AAT to +:00 P.11
( as of April 1, 1996)
•All DAY TRANSPORTATION& POUR TOUR DIRECTION > South North South North FINAL
sow
H
• FULLY NARRATED BY PROFESSIONAL bound bound bound bound DROP
PICKFI,�RIDA POINTS GUIDES ----
RALLY r • BOARD AND REBOARD AT YOUR Pompano Welcome Ctr. 9:30 12:05 12:10 2:10 3:53
• �' Beach Comber 9:30 12:05 12:10 2:10 3:53
LEISURE AT ANY OF OUR STOPS Holiday Inn - Pompano 9:30 12:05 12:10 2:10 3:53
Ramada - Pompano 9:30 12:04 12:11 2:09 3:52
AREA
i ' POINTS
1 ' 1EST ® Traders Resort 9:30 12:03 12:12 2:08 3:51
Howard Johnson's-LBS 9:40 12:00 12:15 2:05 3:48
Aruba's 9:46 11:50 12:15 2:05 3:48
Holiday Inn - LBS 9:47 11:48 12:17 2:02 3:45
•Pompano Welcome Center •Bonnet House Las Chamber 9:47 11:48 12:17 2:02 3:45
Million-Dollar Homes -Jungle Queen Ramada - LBS 9:48 11:47 12:18 1:59 3:42
g Q Holiday Inn Sunrise 9:54 11:41 12:24 1:53 3:38
Lauderdale by the Sea Fort Lauderdale Howard Johnson's 9:56 11:39 12:26 1:51 3:36
Yankee Trader 9:57 11:38 12:27 1:49 3:34
Chamber of Commerce Convention Center A1A & Las Olas 9:58 11:37 12:28 1:47 3:32
New Fort Lauderdale Beach Museum of Art Double Tree 9:59 11:36 12:29 1:46 3:31
Bahia Mar 10:00 11:35 72:30 1:46 3:31
Swimming Hall of Fame •Stranahan House Bahia Cabana 10:00 11:35 12:30 1:46 3:31
Yankee Clipper 10:00 11:35 12:30 1:43 3:28
Fort Lauderdale Library Water Taxi Days Inn 10:00 11:35 12:30 1:42 3:27
Marriott H.B. 10:03 11:32 12:33 1:39 3:24
Restaurants-Shopping r Las Olas Boulevard Pier 66 10:06 11:29 12:36 1:37 3:22
Best Western 10:08 11:27 12:38 1:35 3:20
Marriott Marina 10:11 11:24 12:41 1:30 3:15
Sponsored by The North Broward Tourism Council Convention Center 10:13 11:23 12:42 1:28 3:13
Embassy Suites 10:15 11:21 12:44 1:26 3:11
FOR • • • OF Broward & 3rd 10:31 N/A 12:56 N/A N/A
AND RESE • Boat Tour 10:45 11:00 1:15 1:15 3:00
�A
SEE.YOUR HOTEL • •.. TIM!S AVI A,i kl 611.'1 ...
�HdSH CB e[ NCk Up "'o" ' n'df�nf CS n,ll ly
954)
• 1 )i/N( 10 WAW Ill( (n'OillY 00INN
Ask shout om ONI A,',Y I ants '
i
{ ; : log
Beach 9r®lley Service
Greater �'t. laudlerdaCe
The Beach Trolley Service is a great way for visitors to
see all points of interest in and between Pompano Beach,
Lauderdale By The Sea, Ft. Lauderdale, Dania and
Hollywood. We ask all tourism related business,
government officials, elected officials, hotel managers,
concierges and service desk staff to get the word out to
tourists and visitors to use the Beach Trolley to enhance
their enjoyment of our great resort destination. We urge
everyone in the tourism industry to help make this a
successful year round service by encouraging our visitors
and tourists to ride LoCCy the T'roCCey.
For details, time schedules and tour information call:
946-7320
2 41,n to khosv ntoze? pecial/L(er�6e� �i7ect /v v[ce_s: �eGCO
Call our GTN headquarters from 9:00 am e to
5:00 pm Monday thru Friday. Our JUNGLE QUEEN
friendly informed customer service World famous original Riverboat
representatives will be glad to assist you Sightseeing cruises. FI®ride Tourism Councils
with any questions you have. BBQ Ribs&Shrimp dinner cruise.
(954) 462.5596 NEW QUALITY ASSURANCE
I Some of the most commonly asked
questions are . . . • LOLLY THE TROLLEY
Cruise all day long in Nostalgic,
• Can I use my card for interna- Old-Time Trolley Style,
(954) 429-3100
tional calls, as well as domestic
calls?
Yes, to over 215 direct dial countries SANDS HARBOR RESORT
Overlooking the famous �
Intercoastal Waterway. ' n.
• Are the international rates lust as (954) 942-9100
good as local?
Yes, like calling England, France, SAWGRASS RECREATION PARK
Australia, the Bahamas and man more Airboat Tours, Historic Indian Village,
countries for less than half the price of Alligator and Reptile Show,
most long distance carriers. (954) 389-0202
i
• Can 1 call from other countries to ' For all other Discount Member r�
the United States? Services, along with any Tourism AA
Yes, thirt Quality Assurance problems, call . . .
y countries can direct dial to the
U.S. (954) 783-0923 • Tourism Quality
REMEMBER:
Assurance Program®The South Florida Tourism Council is GLOBAL TELECOM NETWORK • Free Phone Card
dedicated to provide the best possible 2400 West Cypress Creek Road
member services,Global Telecom Network Suite 205 •
L Special Discounts
shares that dedication and looks forward Ft. auderdale,
to our association together. FL 33309
For Calling Cord Campaigns - Steve Belrose
(954) 49 i -7200 mum
South PoVdA (7ouzisnt Council
Simple to ccse , , , Qlte 07dei YoTnt;
The South Florida Tourism Council is a nonprofit Just dial the Tourism Quality Assurance® Please sign and collect your new Tourism
professional association of hotels, motels, 800 number on the card, enter our
restaurants and tourism related businesses, Y Quality Assurance Member Card.
dedicated to quality service and enjoyment for PERSONAL IDENTIFICATION NUMBER
all visitors coming to South Florida.Our mission (PIN), also on the card. Now you are Issued by:
is to assure each and every person complete
satisfaction when visiting South Florida. The ready to save on all your long distance calls,
tourism council encourages all visitors to take Date:
advantage of the many benefits of being
directly involved with the S.F.TC. or by joining Address is: ❑ Home ❑ Business
the new T.Q.A. program. Your New Member Card;
Ordered by:
2ou4ism Quality 74s9ulance �` First Name Initial
® �4n�4ant .:�frt�.fill
�,t Last
The T.Q.A. is a program established to enhance ` V'FL0M•
the vacations of tourists to South Florida, by Address Building/Apartment No.
providing welcome trolley centers, special FLORIDA TOURISM COUNCIL
member discounts to hotels,motels,restaurants,
and major attractions,plus our assurance polity QUALITY ASSURANCE oT_"` City County/State Zip
that no member will have a bad meal, room, ``"WA' "•
or unsolved problem. Our annual membershi ` Home Phone
card comes with the added benefit of being a Member Since i997 Annual spomors Business Phone
permanent long distance calling card, the first Charge To:
forty units/minutes of time are free with the ten ❑ Mastercard ❑ Visa Month Year
dollar sign up fee. All additional time needed Why Global Telecom Network's
can be recharged into the member card. The Expiration Date ❑ ❑
TQ.A. member calling cord is your best ticket Tourism Quality Assurance calling card? Card Amount: ❑ $10.00
to enhance your Florida visit. Be sure to use ❑ $20.00
our friendly welcome centers for any • No Activation Fee or Hidden Costs
information or help you may need. • No Added surcharges or Access Fees 16 Digit Account Number
Your friend and President • No coin phone surcharges
Ralph Rtebl
• Just additional Member Savings Signature Inquire )
I_] Cash ❑ Charge ❑ No Member Benefits
Y
1
Proposed Private-Public Partnership
Pilot Program
Broward County A I A Beach Trolley Service
Trolley Route- 4 Two Hour Narrated Tours Daily
Pompano Beach
SOUTH NORTH Welcome
10:30AM 12:30PM —— ————— —— ——— -
I:OOPM 3:OOPM Center
3:OOPM S:OOPM Atlantic Blvd
S:OOPM 7:OOPM >
Lauderdale
D
By The Sea Welcome
Commercial Blvd Center
SOUTH NORTH ------------
10:40AM 12:20PM
1:10PM 2150PM Oakland Pk, Blvd
3:1OPM 4:50PM
5:10PM 6:50PM D
Sunrise Blvd D
Ft. Lauderdale Las Olas Blvd Welcome Atlantic
SOUTH NORTH __ Center
11:00AM 12:OIPM — —— —— — — — — (]Cedn
1:30PM 2:30PM
3:30PM 4;30PM
5:30PM 6:30PM S
I
17th St.
U —+i�
AIR PORT i PORT
Dania
SOUTH NORTH _—Welcome
11:15AM 11:45PM ---'--
1:45PM 2:15PM Center
3:45PM 4:15PM Dania Beach Blvd
5:45PM 6:15PM � 41 � >
Hollywood
SOUTH NORTH ———————— — ————
Welcome N
11:30AM 11:30AM
— Center
2:OOPM 2:OOPM
4:OOPM 4:OOPM
6:OOPM 6:OOPM Johnson St.
Times listed are Welcome Center stop times
Proposed Private-Public Partnership
Pilot Program
Broward County A I A Beach Trolley Service
The "Broward County A I A Beach Trolley Service" pilot program, will be the first
continuous resort mode of transportation narrated tour of Broward County beaches,
connecting the Broward County Welcome Center Network with scheduled transporta-
tion service.
This Private-Public Partnership will demonstrate how the collective efforts of the enti-
ties benefiting from this service can be achieved through utilization of matching funds.
Features & Benefits to Community
Fully insured 40 passenger trolly vehicles.
Fully licensed professional tourism oriented drivers.
Fully narrated tour with background music.
Two way radio communication to handle special needs of tourists and visitors.
Handicapped accessible tours.
Friendly attendant on board to handle special needs of tourists and visitors.
Transportation feeder to water taxi loading points.
Brochures available with tourism and local county information.
Announcements of local events.
Connection by tour of the Greater Ft. Lauderdale area.
Increased awareness by visitors and tourists of the attractions of our resort destination.
Increase use of Welcome Centers by tourists and visitors.
Increase safety of roads.
Increase resort appeal of our area.
Reduction of auto use by visitors touring beaches who are not familiar with our area.
Reduction in air pollution.
Reduction of parking congestion.
Reduction in use of intercoastal bridges under repair.
Goals
To enhance the vacation of every visitor so they will return again and again.
To use this one year pilot program to learn how to make this service self sufficient.
To expand this resort mode of transportation to include connecting east west routes.
1
Proposed Private-Public Partnership
Pilot Program
Broward County AlA Beach Trolley Service
Operation Details
One year Pilot Program.
Four daily two hour narrated round trips using State Road A I A through, Pompano Beach, Lauder-
dale By The Sea, Fort Lauderdale, Dania and Hollywood.
Fully insured and licensed trolley vehicle with driver: leased by partnership.
Trolley Service administrated and promoted by The South Florida Tourism Council.
Monthly Operation Costs and Funding
Operation Costs
Leased equipment with driver fully insured $ 12,000
Marketing, advertising and promotion 3.000
Total Monthly Costs
$ 15,000
Private Source of Funds
i
South Florida Tourism Council* $ 7,500
Public Source of Funds
Broward County Tansit Funding** 2,500
City of Pompano Beach 1,000
City of Lauderdale By The Sea 1,000
City of Fort Lauderdale 1,000
City of Dania 1,000
City of Hollywood 11000
Total Monthly Public Funding 7 500
Total Monthly Public and Private Funding $ 15,000
Total Monthly Funding less Costs $ 0
"The South Florida Tourism Council is a membership not for profit Florida Corporation,exempt from federal income
tax under section 501 (c)(6)of the Internal Revenue Code, serving the needs of the South Florida Tourism industry.
The source of SFTC funds raised for this service come from SFTC annual sponsors,members and user fees.
SFTC Phone 954-946-7320-Fax 954-946-1525
"One City will be selected as"Lead City" for inter-local agreement
y �
ZS:9i 866T-4T-21dti
ze•d
NAGIN GALLOPFIG UEREDO""
Attorrrrys Fr Counselors
3225 Aviation Avenue-Third Floor
TeATbone:(3D5)854-5353 Port Office Box 330090 Facsimile:(305) 854-5351
Miami,Florida 33233.0090
�I
November 18, 1997
Tim.Ryan, Esq.
Ryan &. Ryan
700 Last Dania Beach Blvd.,3rd Floor
Dania, FL 33004
Re: Dismas Charities, Inc.Mon-eonforming use of the Hotel Poinciana
Dear Tim:
This letter responds to your0ctober 28, 1997,request for legal advice whether the use
of the Hotel Poinciana, located at 141 N.W. P Avenue, as a federal prison pre-release
progrurn facility is a authorized use ofthe property. You previously stated to the mayor and
city commission that the use of the third floor of the hotel for the program is a legal non-
conforming use which may not be expanded to the entire building. According to your fetter,
Mayor Mikes requested a further legal opinion regarding the subject.
Summary of relevant fam
In summary, based on my knowledge of the particular facts of this matter, and
controlling principles of law,it is my opinion that: (I)use of the all,or a portion,ofthe hotel
for a federal prison pre-release program is not an authorized use in the C-3 zoning district;
(2) Dismas Charities probably has a legal right to continue the non-conforming use of the
thud floor of the hotel forthe program;(3) Dismas Charities does not have a legal right to
use the second Floor for the program;and,(4)the city is not estoppel to prohibit the use of
the entire building for the pre-release program.
The facts considered in this evaluation were gatherLd from documents we obtained
in the case, Wackenhut v. City ofDanta, and front you and Mr.Marwut Cassel,atlomey for
Dismay Charities, Inc. The relevant facts are briefly summarized as follows: In 1984,the
Dismas House of Kentucky applied to the city for an occupational license to operate a pre-
release program on the third floor of the hotel. The application specifically states:
To lease hotel rooms at the premises located at 141 N.W. V
Avenue,third floor,and know as the Hotel Poinciana. Further,
to sub-lease said hotel rooms to residents of Dismas House of
Dania, who are participants of a state and federal prc-release
program.
Based on a renewal application an occupational license probably was issued to Dismay
Housc of Dania prior to 1987-1998, to "Sub lease rooms to participants." App.1. The
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£0'd £S:9T 866T-bT-add
1'inr Ryan, Esq.
November 18, 1997
Page 2
circumstances for any review and approval of the original application for an occupational
license are unclear. The city continued to issue occupational licenses and to perform fire
inspections of the premises. On April 10, 1995, the chief zoning/codc inspector issued a
letter confirming that the occupational license for the Dismas House is in good standing with
the City of Dania. App.2.
Dismas Charities entered into a contract to purchase the hotel. A change in the rules
of the federal Bureau of Prisons prohibiting the operating of pre-release programs out of
hotels may have provided the basis for the transaction. Dismas' attorney, Ms. Patricia A,
Rathburn, advised the sellers, Mr, and Mrs. lack Christy, that the zoning for the property
does not allow the use of the premises fora pre-release program,and requested an extension
of the time to close on the contract to seek a zoning text amendment. App.3, Subsequently,
Dismas retained W.Fred Ward to obtain an assurance from the City of Dania regarding the
use of the building for the intended purpose. App.4. At Mr.Ward's request,Mr.Adler,City
Attorney,provided a letter stating:
In response to your inquiry ofApril21, 1997,please be advised
that.in my opinion,the use of Dismas House ...of the premises
as a Community Rehabilitation Center will he in compliance
with the City of Dania Zoning Code as a non-conforming use.
This has been confrrued by the building official. [App.5.1
We do cot know when the closing occurred. I speculate that the transaction closed
lbilowing receipt of Mr. Adler's letter.
Dfsere.+xlon of legal issues
1 expect Dismas Charities will contend that it relied on Mr.Adler's letter to close the
transaction. Detrimental reliance on the letter provides the foundation for asserting that the
city is estopped to enforce is zoning use restrictions against the building. However, a fair
reading of the letter will not support the contention, The"use of the remises" as a non-
conforming use,referred to by Mr.Adler,refers to the third flan for which the occuppational
licenses were issued and renewed. The only infonnationwe have regarding any confirmation
by the building official is the A l 10, 1995,"good standing"letterby the chi efzoning on
inspector. Thai letter oiily confirms the validity of the occupational lictmse The license was
dc
issued to authorize use of the third floor for the pre-release program. Further, Dismas
Charities was specifically advised by Ms.Rathhurn that the use ofthe entire building for the
intended use is not authorized and a zoning text change would be necessary to authorize the
use.
The circumstances under which the occupational license was originally issued for the
third floor are unclear. Nonetheless,the city had knowledge of the acaW use and continued
to issue licenses through the years. The subsequent actions probably legally ratified the
original action and create an estoppel against the city. As estoppel is rarely invoked
successfully against a municipality, this conclusion is provisional and subject to proof by
Dismas Charities regarding reasonable relianceon an authorized(orunnetirnes unauthorized
but later ratified) action of the city,upon which it relict to its detriment.
r
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Va'd £S:9T 866T-bT-adU
Tim Ryan,Esq.
November 18, 1997
Page 3
Any right to use the third floor for the pre-release program does not extend to the
second floor. No application was made to use the second floor for Itie program,and use of
it for that purpose was not authorized by the city.
Accordingly, it is my view that the city must deny the use of the hotel as a pre-release
facility in the absence of a zoning text change, unless a variance or special exception is
authorized under the city zoning code. In the unlikely event that Dismas Charities desires
to use only the third floor for the program,either the city or Dismas could neck a declaratory
judgment regarding any right to the continue use of that floor of the premises.
Please do not hesitate to call me if you have any questions regarding the subject
matter of this letter.
Very truly yours,
'Earl 0. Gal lop
Attachments
cc: Mayor and City Commission
Mike Smith,City Manager
6 /6 #:609ZIZSf56T V 'd 'dON : tCdBS:o 06 6T 4 :A9 DX
CITY OF DANIA
MEMORANDUM
FINANCE DIRECTOR/CITY CLERK
TO: Mayor and Commissioners
FROM: Marie Jabalee, Finance Director/City Clerk
RE: Budget Advisory Committee
DATE: October 21, 1997
Attached is the attendance record for the Budget Advisory Committee per the
Commission's request. Please advise if you want the Committee to continue meeting
now that the 97/98 budget has been approved.
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G:IDOCSI D U DGETA D V\A'rl'EN DAN'C E.doc
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BUDGET ADVISORY BOARD
ATTENDANCE
DATE COATSWORTH CORDIN JEWELL SPIES SOWDEN
5/6/97 P A P P P
6/10/97 P P P P P
6/24/97 P P P A A
7/8/97 P A A P A
7/22/97 P A P P A
8/12/97 P P P P A
8/26/97 MEETING CANCELLED
9/9/97 P A A P NO QUORUM
10/14/97 P A A P NO QUORUM
G:\DOCS\B 11DGETADV\A71'ENDANCE.doc
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MEMO
TO: Mayor and Commissioners
FROM: Marie Jabalee, Finance Director/City Clerk
RE: Board Appoinpnents
DATE: October 23, 1997
Below is a list of Commission appointments that still need to be made. For your
review and information, I have attached a list of each Commissioners
appointments and those appointments that are still needed. Please complete the
attached appointment form and submit it to my office when you make your
appointments.
AIRPORT ADVISORY BOARD 1
Commissioner Hyde
BUDGET ADVISORY COMMITTEE
Commissioner Etling
COMMUNITY AFFAIRS ADVISORY BOARD
Commissioner Hyde
DANIA ECONOMIC/DOWNTOWN REDEVELOPMENT
Commissioner Hyde
Commissioner Etling
MARINE ADVISORY BOARD 1
Commissioner Hyde
vice-Mayor Cali 1
Mayor Mikes
OCCUPATIONAL LICENSE REVIEW COMMITTEE,
Commissioner Etling
Commissioner Hyde
Mayor Mikes
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HOUSING AUTHORITY 1
Mayor Mikes
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(7:\U0CS\Atin97\N1AR25A1T S_duc
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CODE ENFORCEMENT BOARD. 7 MEMBERS 2 ALTERNATES-
COMMISSION APPOINTMENTS
Current Commission Appointments:
Peggy Breeschoten , 3/25/97—Businessperson
Richard Bettor—Real Estate person
Alex Buchsbaum—in lieu of an Engineer
Jimmy Peterman—in lieu of an Architect
Beulah Lair—in lieu of an General Contractor
Tim McCleod- I Plumbing/Mechanical Sub-contractor
William Sargent- I Electrical Sub-contractor)
Donna Mathis& Stacey Costello-alternates
UNSAFE STRUCTURES BOARD.9 MEMBER BOARD COMMISSION
APPOINT NTS-
Current Commission Appointments:
Richard Bettor, 3/25/97-Real Estate Property Manager
Harry Hipler, 3/25/97—Attorney
Sam Jolley, 3/25/97—Plumber
C.F. Hill, Engineer
Frank Hill, General Contractor
William Sargent, Electrical Contractor
Brenda Miller, Citizen experienced in social problems
Neal Aronson, Architect
Robin Coatsworth, Real Estate Appraiser
2
GADOCSWin97\MAR25AIn,rs..Jac
MEMORANDUM
TO: Marie Jabalee
City Clerk
FROM: Lou Ann Cunningham
Administrative Asst.
RE: PLANNING AND ZONING BOARD APPOINTMENT
JOHN KNIGHT
Date: November 20, 1997
Please be advised that John Knight was appointed to the Planning and Zoning Board on
August 26, 1997 by Commissioner John Bertino. Mrs. Roxanne Knight stated to me in
October that Mr. Knight will be unable to fulfill this position due to a conflict with his
business.
I would like to here by request that John Knight be withdrawn as a member of the
Planning and Zoning Board and that Commissioner Bertino make another appointment
to the Planning and Zoning Board.
pc: Commissioner John Bertino
Terry Virta, AICP
Charlene Salta
Y
COMMISSIONER BERTINO:
APPOINTMENTS MADE NO APPOINTMENTS NEEDED
Airport Advisory Board
Alex Buchsbaum
Billy Phipps
David DePriest NONE
Budget Advisory Committee
Eugene Jewell NONE
Community Affairs Advisory Board
Kathryn Philpot
Vera Kelly NONE
Dania Economic Development
and Downtown Redevelopment Board.
Maryann Signore. NONE
Richard Lehmann
Human Relations Board
Helen Udell NONE
Alex Buchsbaum
Marine Advisory Board
Craig McAdams
Louis Webb
Ron Spencer NONE
Occupational License Review Committee
Cecil Smart NONE
Parks& Recreation Advisory Board.
Patty Fucille NONE
Cynthia Wilkins
Planning& Zoning Board /
JohrWroight N,1L";.ytnC kk .—
3
G.\DOCS\hl in97\M.AR?5APPi'S,.doc
P
COMMISSIONER ETLING
APPOINTMENTS MADE APPOINTMENTS NEEDED (3)
Airport Advisory Board
Kimberly Lopes
Jay Field
Alex Ortiz(resigned)
Budget Advisory Committee
NONE
Community Affairs Advisory Board
Bob Fronek NONE
Patricia Hart
Dania Economic Development
and Downtown Redevelopment Board.
Alex Ortiz
Carol Christ-Moral NONE
Human Relations Board
Merita Mitchell
Margaret Smart NONE
Marine Advisory Board
Charlie McKenna NONE
Raymond Lair
Glenn Jermaine
Occupational License Review Committee
NONE
Parks& Recreation Advisory Board
John DaiZovi
Tim Cates NONE
Planning& Zoning Board
Josh Dresser NONE
*Richard Sowden resigned
4
G:\DOC S\M i 1197\A1 A R25 A PPTS..doc
COMMISSIONER HYDE
APPOINTMENTS MADE APPOINTMENTS NEEDED (5)
Airport Advisory Board l
Beulah Lair
Victor Lohmann
Budget Advisory Committee NONE
Myrtle Corbin
Community Affairs Advisory Board l
Mary Barrett
Peggy Breeschoten (Resigned)
Dania Economic Development
and Downtown Redevelopment Board. l
Joel Azrikan.
Human Relations Board NONE
Bob Adams
Janice Peterman
Marine Advisory Board I
Debbie Helmlinger
Douglas Heller
occupational License Review Committee l
NONE
Parks & Recreation Advisory Board. NONE
Craig Redesel
Diane Curry
Planning&Zoning Board NONE
Pat Janowski
5
(i\DOCS\61in97\NiAR25APP"I'S..doc
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VICE-MAYOR CALI
APPOINTMENTS MADE APPOINTMENTS NEEDED (1)
Airport Advisory Board
Lisa Rogers
David Pettis NONE
Thomas Grammer
Budget Advisory Committee
Judith Coatsworth
NONE
Community Affairs Advisory Board
Mary Tuten
Sophie Steele NONE
Dania Economic Development
and Downtown Redevelo meat Board.
Pliil Miller
Edward Steinberg, DDS
NONE
Human Relations Board
Greg Meyer
Shirley Seay NONE
Marine Advisory Board
Linda Nigro
Clive Taylor
Occupational License Review Committee
Sophie Steele
NONE
Parks & Recreation Advisory Board.
Dede Allen
Deanna Jagemann NONE
Planning& Zoning Board
Jason Dubow
NONE
0:'DOCs�mra97\nIAR25Ai'rrs..doc 6
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1
CITY OF DANIA
SUMMARY OF
BOARD AND COMMITTEE MEMBERS
DANIA BOARDS UPDATED AS OF 10/28/97
NAM E OF BOARD/MEMBERS DATE NOMINATED TERM BEGINS TERM EXP. APPOINTING - COMMISSIONER STAFF LIAISON" `'
I RESOLUTION#
AIRPORT ADVISORY BOARD:(2 year terms)
1. Alex Buchsbaum 03/25/97 03/18/97 03/16/99 21-97 Bertino Terry Virta, GMD
2. Billie (Hilary) Phipps 04/08/97 03/18/97 03/16/99 42-97 Bertino
3. David DePriest 08/26/97 03/18/97 03/16/99 120-97 Bertino
{ 4. Lisa Rogers 05/13/97 03/18/97 03/16/99 73-97 Cali
i 5. David Pettis 06/24/97 03/18/97 03/16/99 95-97 Cali
6. Thomas Grammer 07/08/97 03/18/97 03/16/99 102-97 Cali
i 7 Kim Lopes 04/08/97 03/18/97 03/16/99 42-97 Etling
i 8. Jay Field 04/08/97 03/18/97 03/16/99 42-97 Etling
9. Alex Ortiz 04/08/97 03/18/97 03/16/99 42-97 Etling
l 10. Beulah Lair 03/25/97 03/18/97 03/16/99 21-97 Hyde
11. Victor Lohmann 03/25/97 03/18/97 03/16/99 21-97 Hyde
j 12. Vacant 03/18/97 03/16/99 Hyde
13. Ann Castro 03/25/97 03/18/97 03/16/99 21-97 Mikes
14. Cathy David 03/25/97 03/18/97 03/16/99 21-97 Mikes
15. Jay Topper 05/27/97 03/18/97 03/16/99 84-97 Mikes.
BUDGET ADVISORY COMMITTEE(2 year terms)
1. Eugene Jewell 03/25/97 03/18/97 03/16/99 22-97 Bertino Marie Jabalee
2. Judith Coatsworth 04/08/97 03/18/97 03/16/99 43-97 Cali Finance Dir.
j 3. Vacant 03/18/97 03/16/99 Etling
4. Myrtle Corbin 03/25/97 03/18/97 03/16/99 22-97 Hyde
5. Al Spies 03/25/97 03/18/97 03/16/99 22-97 Mikes
I
CIVIL SERVICE BOARD(4 year terms)
t
I (1) Kurt Ely 03/25/97 04/01/96 04/01/2000 23-97 Comm. Appt. Monica Griffith
1 (2) Hugo Renda 03/22/94 04/01/94 04/01/98 44-94 Comm. Appt. Personnel Dir.
(3) Eula Gardner 09/12/97 04/01/96 04/01/2000 134-97 Employee Elected
(4) Bruce Caruso 10/13/95 04/01/94 04/01/98 150-95 Employee Elected
(5) Bertha Snell 09/12/97 04/01/94 04/01/98 134-97 Citz.nom.by Comm/Elected by employees
ALTERNATES:
(6) Patrick Santeramo (Alt.) 04/08/97 04/01/96 04/01/2000 49-97 Comm. Appt. Alternate
(7) John Williamson(Alt) 09/12/97 04/01/96 04/01/2000 134-97 Employee Elected
(8) Clara Randall (Alt) 09/12/97 04/01/96 04/01/2000 134-97 Cit.nom. by Comm/elected by employees
11/20/97(BOARDS-BDSUMMARYMAR97.DOC)
i
CITY OF DANIA
SUMMARY OF
BOARD AND COMMITTEE MEMBERS
DANIA BOARDS UPDATED AS OF 10128/97
i
NAME'OF BOARDIMEMBERS DATE NOMINATED TERM BEGINS TERM EXP. APPOINTING COMMISSIONER STAFF LIAISON
j RESOLUTION#
CODE ENFORCEMENT BOARD:(3 year terms)
(1)Richard Bettor(R/E Person) 04/23/96 11/11/95 11/11/98 48-96 Comm. Appt. Terry Virta, GMD. &
(2)Tim McLeod(Plumber/Mechanical Subcon.) 10/14/97 11/11/97 11/11/2000 Comm. Appt. Spence Johnson
i (3)Alex Buchsbaum(Lieu of Engineer) 10/14/97 11/11/97 11/11/2000 Comm. Appt.
j (4)Jimmy Peterman(Lieu Architect) 10/14/97 11/11/97 11/11/2000 Comm. Appt.
i (5)Beulah Lair(Lieu Gen.Con) 04/23/96 11/11/96 11/11/99 48-96 Comm. Appt.
(6) Peggy Breeschoten(Businessperson) 03/25/97 11/11/95 11/11/98 24-97 Comm. Appt.
(7)William Sargent(Electrical Sub-Contractor) 04/08/97 11/11/96 11/11/99 50-97 Comm. Appt.
ALTERNATES:
(8) Donna Mathis(Alternate 04/08/97 09/08/95 09/08/98 50-97 Comm. Appt.
(9 Stacey Costello (Alternate) 04/08/97 09/08/95 09/08/98 50-97 Comm. Appt.
I
COMMUNITYAFFAIRS ADVISORY BOARD (10 members-2 year terms)
(1) Kathryn Philpart 04/08/97 03/18/97 03/16/99 44-97 Bertino Kristen Jones
(2) Vera Kelly 08/26/97 03/18/97 03/16/99 121-97 Bertino Parks & Rec. Dept.
(3) Mary Tuten 04/08/97 03/18/97 03/16/99 44-97 Cali
(4) Sophie Steele 06/24/97 03/18/97 03/16/99 98-97 Cali
(5) Bob Fronek 07/08/97 03/18/97 03/16/99 103-97 Etling
(6) Patricia Hart 07/08/97 03/18/97 03/16/99 103-97 Etling
(7) Mary Barrett 03/25/97 03/18/97 03/16/99 25-97 Hyde
(8) Vacant 03/18/97 03/16/99 Hyde
(9) Beulah Lair 03/25/97 03/18/97 03/16/99 25-97 Mikes
(10) Vito Mancino 03/25/97 03/18/97 03/16/99 25-97 Mikes
I DANIA ECONOMIC/DOWNTOWN REDEVELOPMENT BOARD (2 year terms)
(1) Maryann Signore 03/25/97 03/18/97 03/16/99 26-97 Bertino Terry Virta, GMD
(2) Richard Lehman 05/13/97 03/18/97 03/16/99 74-97 Bertino
(3) Philip Miller 04/08/97 03/18/97 03/16/99 45-97 Cali
(4) Edward Steinberg, DDS 06/24/97 03/18/97 03/16/99 99-97 Cali
j (5 Vacant 03/18/97 03/16/99 Etling
(6) Carol Christ-Moral 04/22/97 03/18/97 03/16/99 55-97 Etling
(7) Joel Azrikan 03/25/97 03/18/97 03/16/99 26-97 Hyde'
(8) Vacant 03/18/97 03/16/99 Hyde
(9) Patty Hart 09/09/97 03/18/97 03/16/99 135-97 Mikes
( (10) M.P. Malone 09/09/97 03/18/97 03/16/99 135-97 Mikes
f
{ 11120/97(BOARDS-BDSUMMARYMAR97.DOC)
I
f
CITY OF DANIA
SUMMARY OF
BOARD AND COMMITTEE MEMBERS
DANIA BOARDS UPDATED AS OF 10/28197
I NAME OFBOARD/MEMBERS DATE NOMINATED TERM BEGINS TERM EXP. APPOINTING COMMISSIONER STAFF LIAISON
RESOLUTION#
GENERAL EMPLOYEES PENSION BOARD
(1)Vice Mayor Jim Cali(4 year term) 03/25/97 03/18/97 03/2001 27-97 Comm. member M.Jabalee
(2)Myrtle Corbin (2 yr term) 07/23/96 06/23/96 06/23/98 69-96 Comm.Appt. City Clerk
(3)Richard Eglinas(2 yr.term) 06/10/97 06/23/97 06/23/99 90-97 Comm.Appt
(4)Marie Jabalee (3 yr.term) 06/26/95 06/23/95 06/23/98 Emp.Elected
I (5)Lou Ann Cunningham (3 yr.term) 06/20/97 06/23/97 06/23/2000 Emp.Elected
HOUSING AUTHORITY(4 YR.TERMS)
(No staff Assignments for this board—Mayor appointees)
(1)Gloria Daly (Chairperson) 10/08/96 11/1/96 11/1/2000 104-96 NO STAFF ASSIGNED
(2)Sullivan Rodriguez 11/23/93 11/01/93 11/01/97 190-93
(3)Barbara Bullock 01/10/95 11/01/94 11/01/98 07-95
(4)Tom Sette 10/08/96 11/1/96 11/1/2000 104-96
(5) Bill Winkelholz 03/25/97 11/01/95 11/01/99 34-97 Complete J. Usifer term
(6)June Silvernale 06/27/95 06/01/95 06/01/99 106-95
(7)) Everette Rickman 09/10/96 06/01/95 06/01/99 85-96
HUMAN RELATIONS BOARD(2 year terms)
i (1) Helen Udell 03/25/97 03/18/97 03/16/99 28-97 Bertino Monica Griffith
(2) Alex Buchsbaum 03/25/97 03/18/97 03/16/99 28-97 Bertino Personnel Dir.
(3) Greg Meyer 04/08/97 03/18/97 03/16/99 46-97 Cali
(4) Shirley Seay 04/08/97 03/18/97 03/16/99 46-97 Cali
(5) Merita Mitchell 03/25/97 03/18/97 03/16/99 28-97 Etling
(6) Rev. Margaret Smart 08/26/97 03/18/97 03/16/99 122-97 Etling
j (7) Bob Adams 03/25/97 03/18/97 03/16/99 28-97 Hyde
(8) Janice Peterman 05/27/97 03/18/97 03/16/99 86-97 Hyde
(9) Mildred Jones 03/25/97 03/18/97 03/16/99 28-97 Mikes
(10) Judy Usifer 04/22/97 03/18/97 03/16/99 56-97 Mikes
{
MARINE ADVISORY BOARD(2 year terms— 15 members)
(1) Craig McAdams 03/25/97 03/18/97 03/16/99 29-97 Bertino Mardie Holloway
(2) Louis Webb 04/08/97 03/18/97 03/16/99 47-97 Bertino' Parks& Rec. Dept.
(3) Ron Spencer 08/26/97 03/18/97 03/16/99 123-97 Bertino'
(4) Linda Nigro 06/24/97 03/18/97 03/16/99 96-97 Cali
(5) Clive Taylor 09/09/97 03/18/97 03/16/99 136-97 Cali
(6)Vacant 03/18/97 03/16/99 Cali
11/20/97(BOARDS-BDSUMMARYMAR97.DOC) 3
i
CITY OF DANIA
SUMMARY OF
BOARD AND COMMITTEE MEMBERS
DANIA BOARDS UPDATED AS OF 10/28/97
NAME OFBOARD/MEMBERS DATE NOMINATED TERM BEGINS TERM EXP. APPOINTING COMMISSIONER' STAFF LIAISON; '
RESOLUTION#
MARINE ADVISORY BOARD(15 members-continued)
(7) Charlie McKenna 03/25/97 03/18/97 03/16/99 29-97 Etling
' (8) Ray Lair 05/27/97 03/18/97 03/16/99 83-97 Etling
(9) Glenn Germaine 05/27/97 03/18/97 03/16/99 83-97 Etlin(10)Debbie Helmlinger 03/25/97 03/18/97 03/16/99 29-97 Hyde'
(11) Douglas Heller 04/08/97 03/18/97 03/16/99 47-97 Hyde
I (12) Vacant 03/18/97 03/16/99
(14) Frank Ventimiglia
y
(13) William Wol 03/25/97 03/18/97 03/16/99 29-97 Mikes
ia 06/10/97 03/18/97 03/16/99 91-97 Mikes
(15) Vacant 03/18/97 03/16/99 Mikes
'± OCCUPATIONAL LICENSE REVIEW ADVISORY BOARD(2 year terms)
i
1. Cecil Smart 08/26/97 03/18/97 03/16/99 124-972. So Bertino
3. ph t Steele 05/27/97 03/18/97 03/16/99 87-97 Cali Eula Gardner
03/18/97 03/16/99 Bldg. Dept.
4. Vacant 03/18/97 03/16/99 Etling
5. Vacant Hyde
03/18/97 03/16/99
Mikes
9
PARKS &RECREATION ADVISORY BOARD(2 year terms)
(1) Patti Fuccile 03/25/97 03/18/97 03/16/99 30-97(2)Cynthia Wilkins 03/25/97 03/18/97 03/16/99 30-97 Kristen Jones
(3) Dede Allen Bertino Bertino 04/08/97 03/18/97 03/16/99 48-97 Cali Parks & Rec. Dept.
(4) Deanna Jagemann 04/08/97 03/18/97 03/16/99 48-97 Cali
3 (5)John Dal Zovi 04/08/97 03/18/97 03/16/99 48-97 Etling( (6)Tim Cates 04/08/97 03/18/97 03/16/99 48-97 Etling
(7)Craig Redesel 03/25/97 03/18/97 03/16/99 30-97 Hyde
(8)Diane Curry 03/25/97 03/18/97 03/16/99 30-97 Hyde
(9) Marco Salvino 03/25/97 03/18/97 03/16/99 30-97 Mikes
(10)Craig McAdams 04/22/97 03/18/97 03/16/99 57-97 Mikes
jPLANNING AND ZONING BOARD:(2 year terms)
(1) Vacant 03/18/97 03/16/99
(2) Jason Dubow 06/24/97 03/18/97 03/16/99 97-97 Bertino Terry Virta, GMD.
(3)Josh Dresser Cali
03/25/97 03/18/97 03/16/99 31-97 Etling
11/20/97(BOARDS-BDSUMMARYMAR97.DOC) 4
r
CITY OF DANIA
SUMMARY OF
BOARD AND COMMITTEE MEMBERS
DANIA BOARDS UPDATED AS OF 10/28/97
NAME OF BOARD/MEMBERS DATE NOMINATED TERM BEGINS TERM EXP. APPOINTING COMMISSIONER STAFF LIAISON;=
RESOLUTION#
PLANNING AND ZONING BOARD continued
i (4) Pat Janowski 03/25/97 03/18/97 03/16/99 31-97 Hyde
i (5)Victor Lohmann 03/25/97 03/18/97 03/16/99 31-97 Mikes.
POLICE AND FIRE PENSION BOARD:(2 year terms)
PER STATE STATUTES
j (1)Cathy David 03/25/97 03/18/97 03/16/99 32-97 Comm. Appt. Sonny Brown
(2) Robert Donly 03/25/97 03/18/97 03/16/99 32-97 Comm. Appt. Pension Office
(3)Beulah Lair 03/25/97 03/18/97 03/16/99 32-97 Comm. Appt
(4)Wardell Lee 03/25/97 03/18/97 03/16/99 32-97 Comm. Appt
(5)Eugene Jewell 04/16/97 03/18/97 03/16/99 54-97 91h i (6)Vinson Marlin(Police Rep) 04/17/97 03/18/97 03/16/99 member-Bd.of Trustees
P.D. Elected
(7)Larry Rogers (Police Rep) 04/17/97 03/18/97 03/16/99
1 (8) Michael Brown (Fire Rep.) 04/07/97 03/18/97 03/16/99 P.D.Elected
(9)Patrick Patterson(Fire Rep.) 04/07/97 03/18/97 03/16/99 F.D. Elected
F.D. Elected
UNSAFE STRUCTURES BOARD:(3 year terms)
(1)Richard Bettor 03/25/97 03/12/97 03/12/2000 33-97
(2)Harry Hipler 03/25/97 03/12/97 03/12/2000 33-97 (Real Est. Prop. Mgr Ken Koch
(3)Sam Jolley 03/25/97 03/12/97 03/12/2000 33-97 (Attorney) & Eula Gardner
(4)C.F. "Bill'Hill (Plumbing Contractor)
05/09/95 03/12/95 03/12/98 67-95
(5)Frank Hill 02/15/95 03/12/95 03/12/98 25.1-95 (Engineer)
(6)William Sargent 06/13/95 03/12/95 03/12/98 98.95 (Gen. Contractor)
(7)Brenda Miller 07/09/96 03/12/96 03/12/99 65.96 (Elect. Contractor)
(8)Neal Aronson 07/09/96 03/12/96 03/12/99 65-96 (Architect) al prob) r
(9)Robin Coatsworth 04/08/97 03/12196 03l12/99 51-97 (Architect)
(Real Est.Property Appraiser)
1 OUTSIDE DANIA APPOINTMENTS
NEW RIVER TASK FORCE
Commissioner Hyde 06/25/91
11/20/97(BOARDS-BDSUMMARYMAR97.DOC) i
I
y
I
CITY OF DANIA
SUMMARY OF
BOARD AND COMMITTEE MEMBERS
DANIA BOARDS UPDATED AS OF 10/28/97
NAME OF BOARD/MEMBERS DATE NOMINATED TERM BEGINS TERM EXP. APPOINTING COMMISSIONER STAFF LIAISON
RESOLUTION#
i
OUTSIDE DANIA APPOINTMENTS CONTINUED
1 N.O.I.S.E
Commissioner Bob Mikes(Voting Delegate) 07/13/93
BROWARD COUNTY COMMUNITY DEVELOPMENT
Merita Mitchell appointed Municipal Representative 09/23/97 RES.#133-97
BROWARD COUNTY LEAGUE OF CITIES
Mayor Bob Mikes and Vice Mayor Jim Cali Commission appointed 3/25/97
FLORIDA LEAGUE OF CITIES
Mayor Bob Mikes and Vice Mayor Jim Cali Commission appointed 3/25/97
NATIONAL LEAGUE OF CITIES
Mayor Bob Mikes and Vice Mayor Jim Cali Commission appointed 3/25/97
1y�
1 11/20/97(BOARDS-BDSUMMARYMAR97.DOC) 6
I
THE END OF
NOVEMBER 25, 1997
REGULAR MEETING
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