HomeMy WebLinkAboutNULL (447) I - 9 =0 19 q9
MINUTES
DANIA BEACH CITY COMMISSION
REGULAR MEETING
NOVEMBER 9, 1999
Mayor Bertino called the meeting to order at 7:30 p.m.
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given by Reverend T. Lewis, Gethsemane Baptist Church.
ROLL CALL:
Present:
Mayor: John Bertino
Vice-Mayor: Charles McElyea
Commissioners: Jim Cali
John Etling
Bob Mikes
City Attorney: Tom Ansbro
City Manager: Mike Smith
Deputy City Clerk: Charlene Johnson
PRESENTATIONS
a) BSO -
Chief Anton advised that the Broward Sheriffs Office, in cooperation with some of
the residents and COPS volunteers, would conduct a free auto theft give-away
during the Tomato Festival on Sunday, November 14. at Dania Beach. He
advised that the top ten automobiles being targeted for theft were as follows:
Honda Accord, Toyota Camry, Honda Civic, Ford Mustang, Toyota Corolla, Chevy
Caprice, Oldsmobile Cutlass, Dodge Caravan, Cadillac Seville and the Chrysler
Lebaron.
Chief Anton advised that BSO would be giving out free auto prevention clubs to
Dania Beach residents at the MRC motor home on the beach near the lifeguard
stand to residents who bring a registration proving ownership of one of the above-
referenced vehicles and proof of Dania Beach residency.
Chief Anton advised that he attended a promotional ceremony with the Sheriffs
Office and that Colonel Tom Carney had been promoted to Under-Sheriff. Chief
Anton reminded the Commission that Colonel Carney received his Command
debut in Dania Beach at which time he was serving as his Executive Officer.
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Chief Anton introduced Major Tim Gillette, Region 1 Commander of the Broward
Sheriffs Office. Major Gillette expressed his desire to enhance communications
and partnerships with the community and local governments and he encouraged
the Commission to contact him for further assistance regarding BSO.
b) Greater Dania Beach Chamber of Commerce -
Jan Davenport, President, The Greater Dania Beach Chamber of Commerce,
presented the 2000 Dania Beach Directory featuring many activities and functions
in Dania Beach. She expressed appreciation to City Manager Smith, the City
Commission, and members of the Chamber, especially John Buckle, for their
assistance with the directory.
PROCLAMATIONS -none
1. CONSENTAGENDA
Resolutions:
1.1 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING
RESOLUTION NO. 214-99 ADOPTED OCTOBER 12, 1999 IN ORDER APPROVE A
REVISED LEASE AGREEMENT BETWEEN DELORES M. MASSELLI AND THE
CITY OF DANIA BEACH FOR PROPERTY LOCATED AT 2229 GRIFFIN ROAD,
APARTMENTS 1, 2, & 3, A/K/A FIRE STATION NO. 93; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE."
1.2 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE
AGREEMENT BETWEEN FLORIDA INLAND NAVIGATION DISTRICT,
WATERWAYS ASSISTANCE PROGRAM, AND THE CITY OF DANIA BEACH FOR
GRIFFIN MARINE PARK (PROJECT#BR-DA-99-49); PROVIDING FOR A TERM OF
AGREEMENT FROM OCTOBER 1, 1999 THROUGH SEPTEMBER 30, 2001;
PROVIDING FOR GRANT FUNDING IN THE AMOUNT OF $161,500.00;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE."
1.3 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE
CITY MANAGER TO AMEND APPLICATION MADE TO THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR THE FLORIDA
RECREATION DEVELOPMENT ASSISTANCE PROGRAM GRANT FOR THE
REDEVELOPMENT OF FROST PARK; AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE SAID APPLICATION; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE."
Ordinances—Title to be read by City Attorney
1.4 "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AMENDING SECTION 17-125 OF THE CITY CODE OF ORDINANCES,
WHICH SECTION IS ENTITLED "ESTABLISHED; INTENT; COMPOSITION; TERM",
OF ARTICLE VII. ENTITLED "NUISANCE ABATEMENT BOARD", OF CHAPTER 17,
ENTITLED "OFFENSES — MISCELLANEOUS", TO CHANGE THE LENGTH OF
BOARD MEMBERS' TERMS FROM ONE (1) YEAR TO TWO (2) YEARS AND
DESIGNATE THE EXPIRATION OF SUCH TERMS; PROVIDING FOR CONFLICTS;
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PROVIDING A SEVERANCE CLAUSE; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE." (First reading of Ordinance)
City Attorney Ansbro read the ordinance title.
A motion was made by Commissioner Etling, seconded by Vice-Mayor McElyea,
approving the Consent Agenda. The motion passed on the following 5/0 roll call vote:
Commissioner Cali —yes Vice-Mayor McElyea —yes
Commissioner Etling —yes Mayor Bertino—yes
Commissioner Mikes - yes
ITEM 6.3 WAS HEARD AFTER THE CONSENT AGENDA
2. BIDS/RFPS -
2.1 Staff recommendation on awarding bid for Re-roofing of Dania Beach Grille.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE
CITY MANAGER TO CONTRACT FOR THE PURCHASE OF SUPPLIES, SERVICES,
MATERIALS, AND EQUIPMENT IN THE AMOUNT OF $15,409.00 FROM THERMA
SEAL ROOF SYSTEMS; AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE AN AGREEMENT WITH THERMA SEAL ROOF SYSTEMS FOR
REMOVAL OF THE OLD ROOF AND INSTALLATION OF A NEW ROOF AT THE
DANIA BEACH BAR AND GRILLE BUILDING; PROVIDING THAT ALL RESOLUTIONS
IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT;
FURTHER, PROVIDING AN EFFECTIVE DATE."
City Manager Smith advised that this project involved the roof repair specified in the
Dania Beach Grille Lease. He advised that the project was put out to bid and the
lowest responsive bid was obtained from Therma Seal Roof Systems in the amount of
$15,409.00 with a rebate of$1,072.00 for a total cost to the City of$14,336.00. Staff
recommended approval.
A motion was made by Commissioner Cali, seconded by Commissioner Etling, to
adopt the resolution authorizing the expenditure of$15,409.00. The motion passed
on the following 4/0 roll call vote:
Commissioner Cali —yes Vice-Mayor McElyea—yes
Commissioner Etling —yes Mayor Bertino—yes
Commissioner Mikes (out of room)
3. PUBLIC HEARINGS AND SITE PLANS
City Attorney Ansbro advised that Items 3.1 through 3.5 would be considered quasi-
judicial hearings and that all disclosures should be indicated by the Mayor and
Commissioners. He swore in all persons giving testimony in Items 3.1 through 3.5.
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3.1 SP-63-99 — Request for Site Plan approval by Claudette &Athanasios Zavalis
for installation of a parking lot associated with renovation of the existing 1,000
+/- sq. ft. building located on the south side of Griffin Road, at 2970 Griffin Road.
' (Continued from 10/26/99 meeting at the request of the petitioner)
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE
SITE PLAN REQUEST SUBMITTED BY CLAUDETTE &ATHANASIOS ZAVALIS FOR
PROPERTY LOCATED AT 2970 GRIFFIN RD., DANIA BEACH; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING AN EFFECTIVE DATE."
Terry Virta, Growth Management Director, advised that the applicant was directed to
further address two issues that were raised at the last meeting. He passed out an
elevation of the site that displayed an awning system around the building rather than
the building itself being modified to meet the design guidelines. Mr. Virta advised that
there were no current City records of any occupational licenses establishing a
business use at this location. He advised that Mrs. Zavalis had documents indicating
that personal property taxes had been paid for an on-going business at this location
until the time the Zavalis' purchased it and there could be a question as to whether or
not there was a continuity of a non-conforming use at this structure.
In response to Mayor Bertino, City Attorney Ansbro felt that the continuity of a non-
conforming use would be in question if no occupational license had existed for the
site.
Mrs. Zavalis was present to request approval of the site plan.
Mayor Bertino opened the public hearing. Hearing no one speak in favor of or in
opposition to the request, the public hearing was closed.
In response to Commissioner Mikes, Mr. Virta explained that he advised Mr. Zavalis
that he would have to construct a wall between the commercial property and the
residence, or seek a variance, as well as alter the commercial structure to comply
with design guidelines, or seek a variance.
A motion was made by Commissioner Mikes, seconded by Commissioner Etling, to
continue Item 3.1 to the November 23, 1999, Regular Meeting in order for City
Attorney Ansbro and staff to review whether the continuity of the non-conforming
business use at the property was broken and to determine if the structure should have
to meet the design guidelines. The motion passed on the following 5/0 roll call vote:
Commissioner Cali —yes Vice-Mayor McElyea —yes
Commissioner Etling —yes Mayor Bertino—yes
Commissioner Mikes - yes
3.2 SP-24-99 - Continued request for Site Plan approval by Jeff Collie to construct a
2,368 sq. ft. retail building to be located on the west side of Dixie Highway and
SW 14th Street by FEC Railroad. (Continued from 8/10/99 regular meeting)
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"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE
SITE PLAN REQUEST SUBMITTED BY JEFF COLLIE, FOR PROPERTY LOCATED
AT SOUTH DIXIE HWY. AND SW 14TH STREET; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE."
Terry Virta explained that this item was continued because of concerns with the site
plan; primarily on the south side of the site where there was a dumpster with a
driveway for a garbage truck which would cause it to back out on to the street.
Discussions were held between the Architect and Bud Palm, Director of Public Works,
and the applicant was now proposing to eliminate the dumpster requirement and
request the use of rollout garbage containers. Mr. Virta advised that the revisions
made on the site plan met the 70/30 pervious/impervious ratio that was now in effect.
Graham Geralds, Architect, was present to request approval of the revised site plan.
In response to Commissioner Etling, Mr. Geralds advised that Mr. Collie would be
occupying approximately 500 to 600 square feet of the building for a barbershop. He
also advised that one tenant would be a mail/ packaging/shipping business.
Commissioner Etling was concerned about the amount of garbage that would be
generated.
Vice-Mayor McElyea was concerned about having to place the containers on the
sidewalk and about the trucks having to back out into the street.
Commissioner Mikes felt that the rollout containers would work but was concerned
about a situation with overflowing containers.
Mayor Bertino opened the public hearing. Hearing no one speak in favor of or in
opposition to the site plan, the public hearing was closed.
City Attorney Ansbro advised that a condition could be made that there be no tenant,
no occupational license issued or water service provided until the prospective tenant
had been examined by the Growth Management Department to determine if the
proposed use would generate trash and rubbish that would be confined to one or
more rollout containers.
Commissioner Mikes was concerned about the building not being centered on the
property. He felt that the building should be centered with landscaping on both sides
of the property.
A motion was made by Commissioner Mikes, seconded by Commissioner Etling, to
adopt the resolution approving the Site Plan (SP-24-99) with the following conditions:
(1) that the building be centered on the property with landscaping on both sides; (2)
that no occupational license be issued or water service provided until the prospective
tenant had been examined by the Growth Management Department to determine if
the proposed use would generate trash and rubbish that would be confined to one or
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more rollout containers; (3) that three 96-gallon rollout trash containers be allowed
and the container housing block wall be moved back to accommodate a third
container; (4) that four trees be planted on the North side and one tree on the South
side (total of five trees) to be symmetrically distributed along the building; and (5) that
the parking lot be properly graded to allow storm water to drain properly on both sides
of the building. The motion passed on the following 5/0 roll call vote:
Commissioner Cali—yes Vice-Mayor McElyea—yes
Commissioner Etling —yes Mayor Bertino—yes
Commissioner Mikes - yes
3.3 SA-75-99 - Request for Sign Adjustment approval by Roger M. Pomerance,
P.A., Attorney and Representative for Chevron USA, 345 North Federal
Highway.
"A RESOLUTION APPROVING THE SIGN ADJUSTMENT REQUEST SUBMITTED BY
CHEVRON U.S.A., INC., FROM CHAPTER 28, ZONING, ARTICLE 28, SIGNS,
SECTION 28.160, 2(a)(iii), SECTION 28.170(1) AND SECTION 28.170(2) SIGN
REGULATIONS, FOR PROPERTY LOCATED AT 345 NORTH FEDERAL HWY.,
DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE."
City Attorney Ansbro advised that the petitioner requested a continuance to
December 14, 1999,
A motion was made by Commissioner Etling, seconded by Commissioner Mikes, to
continue Item 3.3 (SA-75-99) to the Regular Meeting of December 14, 1999, at the
request of the petitioner. The motion passed on the following 410 roll call vote:
Commissioner Cali—yes Vice-Mayor McElyea —yes
Commissioner Etling —yes Mayor Bertino—yes
Commissioner Mikes - yes
3.4 a) VA-71-99 - Request for Variance approval by Ocean Waterway Mobile Home
Co-Op from Section 39-217, Broward County, Off Street Parking Requirements
and Section 39-659, Separation in conjunction with the site plan request for the
construction of a new general meeting facility for property located at 157— 158
Inagua Street.
"A RESOLUTION APPROVING THE VARIANCE REQUEST SUBMITTED BY OCEAN
WATERWAY CO-OP, INC., FROM OFF-STREET PARKING REQUIREMENTS AND
SEPARATION REQUIREMENTS, FOR PROPERTY LOCATED AT 157-158 INAGUA
ST., DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE."
Leigh Kerr, Planning Consultant, advised that one part of the variance request was for
a separation requirement of 25 feet between the building and the adjacent mobile
homes. The applicant is asking for a deviation of 20 feet on one side and just under
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17 feet on the other side. He presented a letter from adjacent property owners stating
no objections.
The second part of the variance request was to allow 27 parking spaces rather than
the required 34 spaces.
Mayor Bertino opened the public hearing.
Steven Reese, representing Ocean Waterway Mobile Home Park, requested approval
of the request.
Benito Morales spoke in opposition of the request.
After no further comment, the public hearing was closed.
A motion was made by Commissioner Mikes, seconded by Commissioner Etling, to
adopt the Resolution approving the variance (VA-71-99) with the condition that the
house be preserved and maintained in its current condition for the remainder of the
co-op lease and that the co-op shall apply to the National Register for historical
designation of the house. The motion passed on the following 411 roll call vote:
Commissioner Cali— no Vice-Mayor McElyea—yes
Commissioner Etling —yes Mayor Bertino—yes
Commissioner Mikes - yes
b) SP-72-99 - Request for Site Plan approval by Ocean Waterway Mobile Home
Co-Op for construction of a new general meeting facility for property located at
157-158 Inagua Street.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE
SITE PLAN REQUEST SUBMITTED BY OCEAN WATERWAY CO-OP, INC., FOR
PROPERTY LOCATED AT 157-158 INAGUA STREET, DANIA BEACH, FLORIDA;
PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT WITH THIS RESOLUTION ARE REPEALED TO THE EXTENT OF SUCH
CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE."
Leigh Kerr advised that the site plan met all requirements with the exception of the
dumpster which could be made a condition of the site plan. He advised that the
Planning &Zoning Board recommended approval.
Mayor Bertino opened the public hearing.
Stephen Reese requested approval of the site plan.
Hearing no further comment, the public hearing was closed.
A motion was made by Commissioner Mikes, seconded by Commissioner Etling, to
adopt the Resolution approving the Site Plan (SP-72-99) with the condition that four
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Royal Palm trees be added along Bryan Road to compliment the marina landscaping
across the street. The motion passed on the following 411 roll call vote:
Commissioner Cali— no Vice-Mayor McElyea—yes
Commissioner Etling — yes Mayor Bertino—yes
Commissioner Mikes - yes
3.5 a) Request for approval of"Letter of No Objection"to change the note on the
Clem Plat to allow for warehouse use for property located at 2765 SW 36th
Street.
Leigh Kerr explained that the first item was a "Letter of No Objection" to amend the
note on the plat. The current plat note was for 1.600 square foot of office space,
which is the existing office on the site. He explained that Mr. Morrison was also
asking for the "Letter of No Objection"for future development on his property. There
is currently 6,000 square feet of warehouse space and the applicant is requesting a
note for 15,000 square feet, which Staff had no objection to.
Michael Morrison was present to request approval of the "Letter of No Objection"so
that he could move forward with the warehouse to facilitate the storage of his
company's goods.
Mayor Bertino opened the public hearing. Hearing no one speak in favor of or in
Opposition to the request, the public hearing was closed.
A motion was made by Commissioner Mikes, seconded by Commissioner Etling, to
approve the "Letter of No Objection" to change the note on the Clem Plat with the
condition that City Attorney Ansbro and Growth Management Director Virta check to
see if the adjective "Recreational Marine Related Warehouse Use"could be added to
the approval in order to preempt other type warehouse uses in the general area. The
motion passed on the following 5/0 roll call vote:
Commissioner Cali—yes Vice-Mayor McElyea —yes
Commissioner Etling —yes Mayor Bertino—yes
Commissioner Mikes - yes
b) SP-70-99 - Request for Site Plan approval by Morrison Builders for a lumber
storage building on a portion of property located on the north side of SW 36th
Street (Collins Road) and west of SW 26th Terrace a/k/a 2765 SW 36th Street.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE
SITE PLAN REQUEST SUBMITTED BY MICHAEL MORRISON, OWNER OF
MORRISON BUILDERS, INC., FOR PROPERTY LOCATED AT 2765 SW 36TH
STREET (COLLINS RD), DANIA BEACH, FLORIDA; PROVIDING THAT ALL
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT WITH THIS
RESOLUTION ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE."
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Leigh Kerr advised that the site plan was for a 6,000 square foot Recreational Marine
Warehouse. All requirements have been met and Staff&the Planning & Zoning
Board recommended approval.
Mayor Bertino opened the public hearing. Hearing no one speak in favor of or in
opposition to the request, the public hearing was closed.
A motion was made by Commissioner Mikes, seconded by Vice-Mayor McElyea, to
adopt the resolution approving the Site Plan (SP-70-99). The motion passed on the
following 5/0 roll call vote:
Commissioner Cali—yes Vice-Mayor McElyea —yes
Commissioner Etling — yes Mayor Bertino —yes
Commissioner Mikes - yes
4. CITIZENS' COMMENTS: COMMENTS BY DANIA BEACH 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 (4TH) MONDAY OF EACH MONTH. THE CITY MANAGER, OR HIS
DESIGNEE, WILL ATTEMPT TO ADDRESS ALL MATTERS OR CONCERNS. IN THE
EVENT THAT THE CONCERN REMAINS UNRESOLVED, THE CITIZEN(S) OR PARTY
WILL BE ASKED TO ADDRESS THE CITY COMMISSION DURING THE MEETING.
COMMENTS SHALL BE LIMITED TO THREE (3) MINUTES.
4.1 Betty Jean Lane— Permit#B-0933-98, 4559 SW 33 Avenue
Betty Jean Lane explained that severe damage had been done to her home from
excess storm water runoff coming from surrounding homes that the City allowed to be
built at a much higher elevation than her home. She advised that correspondence to
the City Administration had gone unresolved and she was now appealing to the City
Commission for help. She provided case law that stated "no person had the right to
gather service water and cast them upon the lands of a lower owner to his injury".
Discussion followed with the City Commission and Bud Palm, Utilities Director,
regarding the option of pumping the water out or raising the elevation of Ms. Lane's
house. Mr. Palm advised that there were plans to install drainage in the area within
the year, but he could not guarantee that it would help Ms. Lane's situation. He
advised that Ms. Lane's house is 8"to 10" below the road and suggested that she
raise her house. The City Commission generally agreed to allow Ms. Lane to tap into
the City's drainage system that is expected to be installed in her area in the Summer
of next year and to donate any excess fill from the drainage pipe installation project
for her property.
5. EXPENDITURES - none
5.1 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE
CITY MANAGER TO PURCHASE SUPPLIES, SERVICES, MATERIALS, AND
EQUIPMENT IN THE AMOUNT OF $15,449,52 FOR WIRELESS COMPUTER
NETWORKING EQUIPMENT MANUFACTURED BY BREEZECOM INC., FROM
NORTHSTAR COMMUNICATIONS GROUP, INC., UNDER STATE OF FLORIDA
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/ SNAPS CONTRACT NO. 2501400, WITHOUT COMPETITIVE BIDDING AND
WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING THAT ALL RESOLUTIONS
IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE."
Vern Johnson, IS Manager, explained that there were currently slow speed ISDN
lines running from City Hall to the Water Plant and Fire Station 93. The best
alternative to provide those two buildings with the services from the Main Server was
to purchase a wireless system at a one-time cost of$15,449.52, thereby eliminating
the $400 monthly fee for the current service.
A motion was made by Commissioner Cali, seconded by Commissioner Etling, to
adopt the resolution authorizing the expenditure of$15,449,52. The motion passed
on the following 5/0 roll call vote:
Commissioner Cali—yes Vice-Mayor McElyea— yes
Commissioner Etling —yes Mayor Bertino—yes
Commissioner Mikes - yes
5.2 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE
CITY MANAGER TO PURCHASE A NEW VAC-CON SEWER CLEANING TRUCK IN
THE AMOUNT OF $136,767.00 FROM SOUTHERN SEWER EQUIPMENT SALES;
DIRECTING THE CITY MANAGER TO TRADE-IN THE CITY'S 1994 VAC-CON,
MODEL V311THA, SEWER CLEANER TRUCK FOR A NEW VAC-CON, MODEL
VPD4212LHA/1300, SEWER CLEANER TRUCK; PURCHASING THE VAC-CON
TRUCK FROM SOUTHERN SEWER EQUIPMENT SALES, THE SOLE PROVIDER,
UNDER THE CITY OF ORLANDO, FLORIDA BID NUMBER SB99-016, WITHOUT
COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE."
City Manager Smith explained that this purchase would replace the existing Vac-Con,
which has a lot of versatility in the City's utilities and storm water operations. He
explained that the current Vac-con was five years old and was in need of substantial
repairs. Staff felt that it would be more cost effective to purchase a new Vac-Con
rather than repair the old one.
Bud Palm, Utilities Director, advised that the advantage to purchasing a new Vac-Con
at this time was that the vendor was willing to give a very comparable trade-in value
of$55,000.
A motion was made by Vice-Mayor McElyea, seconded by Commissioner Cali, to
adopt the resolution approving the expenditure of$136,767.00. The motion passed
on the following 5/0 roll call vote:
Commissioner Cali—yes Vice-Mayor McElyea —yes
Commissioner Etling —yes Mayor Bertino—yes
Commissioner Mikes - yes
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5.3 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE
CITY MANAGER TO PURCHASE ONE FORD RANGER CAB PICK-UP TRUCK IN
THE AMOUNT OF $16.098.00 FROM DUVAL FORD, UNDER FLORIDA SHERIFFS
ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES BID NO. 99-07-0913,
WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS;
PROVIDING THAT ALL RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED
TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE."
Deputy Chief Brown advised that the purchase of this vehicle would be for the
additional fire inspector that was added to the fire prevention bureau. He also
advised that funds for this vehicle were allocated in the budget.
A motion was made by Commissioner Cali, seconded by Commissioner Etling, to
approve the purchase of one Ford Ranger in the amount of$16,098.00 with a 4.OL V6
engine. The motion passed on the following roll call vote:
Commissioner Cali— yes Vice-Mayor McElyea —yes
Commissioner Etling —yes Mayor Bertino—yes
Commissioner Mikes - yes
After review of the truck specifications and prices, City Manager Smith advised that
the amount of$16,098.00 previously approved was only for a 3.0 liter engine. Deputy
Chief Brown advised that a 4.0 liter V6 engine would be an additional cost of$979.00
and the 4-wheel ABS brakes would be an additional cost of$300.00 for a total
amount of$17,241.00.
A motion was made by Commissioner Etling, seconded by Commissioner Cali, to
amend the previous purchase approval for the increased amount of$17,241.00 which
would include a 4.0 liter V6 engine and 4-wheel ABS brakes and to adopt the
resolution as amended. The motion passed on the following 4/1 roll call vote:
Commissioner Cali—yes Vice-Mayor McElyea —yes
Commissioner Etling—yes Mayor Bertino—yes
Commissioner Mikes— no
5.4 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE
CITY MANAGER TO PURCHASE TWO FORD RANGER CAB PICK-UP TRUCKS
($17,241.00 EACH) IN THE TOTAL AMOUNT OF $34,482.00 FROM DUVAL FORD,
UNDER FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF
COUNTIES BID NO. 99-07-0913, WITHOUT COMPETITIVE BIDDING AND
WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING THAT ALL RESOLUTIONS
IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE."
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A motion was made by Commissioner Cali, seconded by Commissioner Etling, to
approve the purchase of two Ford Rangers in the amount of$16,098.00 each with a
4.OL V6 engine. The motion passed on the following roll call vote:
Commissioner Cali —yes Vice-Mayor McElyea —yes
Commissioner Etling —yes Mayor Bertino —yes
Commissioner Mikes -yes
After review of the truck specifications and prices, City Manager Smith advised that
the amount of$16,098.00 previously approved was only for a 3.0 liter engine. Deputy
Chief Brown advised that a 4.0 liter V6 engine would be an additional cost of$979.00
and the 4-wheel ABS brakes would be an additional cost of$300.00 for a total
amount of$17,241.00.
A motion was made by Commissioner Etling, seconded by Commissioner Cali, to
amend the previous purchase approval for the increased amount of$17,241.00 which
would include a 4.0 liter V6 engine and 4-wheel ABS brakes and to adopt the
resolution as amended. The motion passed on the following 4/1 roll call vote:
Commissioner Cali —yes Vice-Mayor McElyea —yes
Commissioner Etling—yes Mayor Bertino —yes
Commissioner Mikes— no
5.5 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE
CITY MANAGER TO PURCHASE SELF-CONTAINED BREATHING APPARATUS
FROM SCOTT SAFETY EQUIPMENT COMPANY FOR THE FIRE RESCUE
DEPARTMENT AT A COST OF $60,440.70; PROVIDING THAT THE SELF-
CONTAINED BREATHING APPARATUS BE PURCHASED FROM SCOTT SAFETY
EQUIPMENT COMPANY, SOLE SOURCE PROVIDER, WITHOUT COMPETITIVE
BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE."
Deputy Chief Brown advised that Scott Air was compatible with a number of
departments within the County. He explained that the current equipment was
15 years old and is not within OSHA and NFPA safety standards.
Commissioner Mikes questioned why the equipment was not competitively bid.
Deputy Chief Brown advised that the Department presently uses MSA breathing
apparatus, however MSA's service had been very poor and some of the equipment
was defective. Deputy Chief Brown felt that the Scott breathing apparatus was the
better one on the market and was very comparable in terms of cost. He advised that
six or seven other Cities use the Scott breathing apparatus.
A motion was made by Commissioner Cali, seconded by Commissioner Etling, to
adopt the Resolution approving the expenditure of$60,440.70 with the understanding
that the Department create a regular replacement plan for breathing apparatus
equipment. The motion passed on the following 5/0 roll call vote:
MINUTES—CITY OF DANIA BEACH 12 NOVEMBER 9, 1999
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Commissioner Cali —yes Vice-Mayor McElyea —yes
Commissioner Etling —yes Mayor Bertino—yes
Commissioner Mikes - yes
6. DISCUSSION AND POSSIBLE ACTION
6.1 Discussion of BSO response time on drug and street crimes called in on the
765-4321 number.
Commissioner Mikes expressed frustrations from members of the community on
which phone number should be called for drug and street crimes.
Chief Anton, BSO, explained the numerous types of calls that come in to the 765-
4321 dispatch number and the delays that exist with handling drug crimes that are
being reported. Chief Anton stressed that 911 should only be used for emergencies,
however, he advised that 911 could be called to report an on-going drug problem that
needs an immediate response.
6.2 Discussion of Growth Management Director position qualifications.
Commissioner Mikes asked what criteria would be used in selecting a Growth
Management Director and how the process was progressing. City Manager Smith
advised that the preferred criteria for hiring the person to fill the position of Growth
Management Director would be a degree in planning, AICP designation and
experience in redevelopment and economic development. Advertisements would be
placed on the internet, in professional journals, and in the local newspapers. He
advised that Leigh Kerr's firm would continue to assist the City until the position was
filled.
ITEM 6.3 WAS HEARD AFTER THE CONSENT AGENDA
6.3 Discussion of status of drug arrests and promised improvements to Doctor
Glogover rental properties in Dania Beach and possible tenant violations at
Saratoga Apartments.
Commissioner Mikes stated that the City had taken a new step to attack some of the
drug problems in certain areas of the City that have existed for a long time and that
Dr. Herman Wrice had been hired to help implement community building and unique
solutions and tools that have worked in other cities around the Country. He also
mentioned that there might be a problem with some tenants receiving Section 8
subsidized housing assistance through the Dania Housing Authority who may be
dealing drugs.
Rita Schmelcer, Director, Dania Housing Authority, advised that the Dania Housing
Authority operates a 399 unit Section 8 program in Dania Beach. She commented on
actions by the Dania Housing Authority to terminate program assistance to those
individuals involved with drug dealing, however, she clarified that only the
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landlords/owners can take action to evict the tenants. Further discussion involved the
agency's responsibility in following HUD guidelines when tenants in the subsidized
program are committing drug crimes. She advised that a recent development had
been implemented to allow the Housing Authority to screen applicants for drug use or
violent criminal activity. She advised that special inspections could be made to units
whenever they are made aware of a problem. She also advised that the Housing
Authority works very closely with BSO and the Turn-Around-Dania Beach
Organization to process the cases correctly in order to prove the crime.
Ms. Schmelcer agreed to provide a list of Section 8 units within Dania Beach. The
Commission generally agreed that a Workshop meeting should be scheduled with the
Housing Authority on a regular basis.
6.4 Request for renewal of Auctioneer's Occupational License by Jay Kodner,
Kodner Galleries, Inc., located at 45 S. Federal Highway.
Terry Virta advised that no problems had been reported at this location.
A motion was made by Commissioner Etling, seconded by Vice-Mayor McElyea,
approving the license renewal. The motion passed on the following 5/0 roll call vote:
Commissioner Cali —yes Vice-Mayor McElyea —yes
Commissioner Etling —yes Mayor Bertino—yes
Commissioner Mikes—yes
6.5 Request for abatement of CEB98-0068 by John Ulbrick for property at 4550
Ravenswood Road.
Terry Virta advised that the Code Enforcement Board heard this matter on October
11, 1999, and recommended denial of the request to abate the fine of$53,050.00.
Attorney Richard Seay was present on behalf of the new owner of the subject
property. He explained that Mr. Ulbrich inherited the code violations after obtaining
ownership due to foreclosure. He advised that the previous property owner did make
efforts to clean up the property. He also advised that the new owner had expended
$28,000.00 to comply with all the violations and the new tenant, USA Boating, had
expended $30,000 to improve the property. He mentioned that as soon as one
violation was corrected, the tenants of the mobile home park would cause another
violation to occur and Mr. Ulbrick decided that the best course of action to take was to
close the park and develop the property for the marine industry. Mr. Seay advised
that the Code Enforcement Board, at their meeting on October 11, 1999, made three
motions that all ended in a tie vote and the item was deferred to the City Commission
for action. He mentioned that the park had been an eyesore for some time and his
clients had gone to great expense to clean it up. Attorney Seay felt that his client
should be given a lot of credit and consideration for what they have done and
respectfully requested that the Commission seriously consider abating the fine to zero
or up to $5,000.00.
MINUTES—CITY OF DANIA BEACH 14 NOVEMBER 9, 1999
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A motion was made by Commissioner Cali, seconded by Vice-Mayor McElyea,
denying the request for abatement and imposing the full lien amount of$53,050.00.
The motion passed on the following 4/1 roll call vote:
Commissioner Cali —yes Vice-Mayor McElyea—yes
Commissioner Etling —no Mayor Bertino—yes
Commissioner Mikes - yes
6.6 Request for abatement of CEB98-0110 by Wilfride Noelssaint for property at 232
SW 3 Street.
Terry Virta advised that the Code Enforcement Board recommended that the fine be
abated from $11,300.00 down to $6,000.00 based on the direction of Code
Enforcement Board Attorney Ryan after reviewing the facts.
A motion was made by Commissioner Cali to abate the fine to $6,000.00 as
recommended by the Code Enforcement Board. The motion died due to the lack of a
second.
A motion was made by Vice-Mayor McElyea, seconded by Commissioner Cali, to
deny the request for abatement to $6,000.00 and to impose the full lien amount of
$11,300.00. The motion passed on the following 5/0 roll call vote:
Commissioner Cali—yes Vice-Mayor McElyea —yes
Commissioner Etling —yes Mayor Bertino —yes
Commissioner Mikes— yes
6.7 Request for abatement of CEB99-0223 by Danians Corp. for property at 605
East Dania Beach Boulevard.
Terry Virta explained that this violation amounted to $2,900.00, including recording
fees, and that the Code Enforcement Board recommended abatement of the fine from
$2,900.00 down to $600.00, due to problems with the contractor.
The business owner explained that everything was in compliance before the required
45 days with the exception of a check valve that was put in backwards by Sam
Jolley's Plumbing. He had to wait for Mr. Jolley to return from vacation to okay that
the correction could be done at no charge.
A motion was made by Commissioner Etling, seconded by Commissioner Cali, to
abate the lien from $2,900.00 down to $600.00. The motion failed on the following 2/3
roll call vote:
Commissioner Cali —yes Vice-Mayor McElyea —no
Commissioner Etling —yes Mayor Bertino— no
Commissioner Mikes— no
MINUTES—CITY OF DANIA BEACH 15 NOVEMBER 9, 1999
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6.8 Request for abatement of CEB97-0282 by Amliwa, Inc. for property at 1111
Griffin Road.
i
Terry Virta explained that the fine totaled $53,100.00, including recording fees. He
advised that there was an issue with proper notification and based on the direction of
the Code Enforcement Board Attorney, the Code Enforcement Board recommended
that the fine be abated from $53,100.00 down to $600.00.
A motion was made by Commissioner Cali, seconded by Commissioner Etling, to
abate the $53,100.00 lien down to $600.00, due to the City's error in properly notifying
the property owner. The motion passed on the following 5/0 roll call vote:
Commissioner Cali—yes Vice-Mayor McElyea —yes
Commissioner Etling —yes Mayor Bertino—yes
Commissioner Mikes -yes
6.9 Request for abatement of CEB96-0064 by Dania Management for property at
213 Sheridan Street.
Terry Virta advised that due to lack of proper notification, the Code
Enforcement Board recommended that the fine be abated to $2,500.00, which
must be paid within 30 days.
Attorney Hipler, representing the owner, presented a brief history of what led
to the large fine of$160,750.00 and requested abatement of the fine on behalf
of his client.
Mayor Bertino felt that the issue should be continued in order to get clarification from
the Code Enforcement Board Attorney.
Ken Koch, Building Official, advised that notice is served to the address provided by
the Broward County tax rolls. If no one signs for the letter then a notice is posted on
the property, which is what happened in this case.
A motion was made by Commissioner Etling, seconded by Commissioner Cali,
to extend the meeting until 1:00 a.m. The motion passed unanimously.
A motion was made by Commissioner Etling, seconded by Commissioner Mikes, to
follow the recommendation of the Code Enforcement Board and abate the
$160,750.00 fine down to $2,500.00, to be paid within 30 days. The motion passed
on the following 3/2 roll call vote as follows:
Commissioner Cali— no Vice-Mayor McElyea—yes
Commissioner Etling —yes Mayor Bertino— no
Commissioner Mikes - yes
MINUTES—CITY OF DANIA BEACH 16 NOVEMBER 9, 1999
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6.10 Request for abatement of CEB98-0178 by Graves Museum of Archaeology and
Natural History, Inc. for property at 481 South Federal Highway.
Item 6.10 was continued to the Regular Meeting of December 14, 1999.
6.11 Discussion of Amnesty Program for Code Enforcement liens.
City Manager Smith presented an outline of an Amnesty Program to be available to
residents who provide a remediation plan to bring their property into full compliance
with the Code. He explained that it would be administered internally in lieu of having
to go through the abatement process. If an individual property owner was willing to
put money into the property to bring the property into full compliance, they would get
credit for the code violation fines that have accumulated to that point. However, all
staff costs associated with processing the code violation would not be eligible for
amnesty. The program would not be available to someone who would choose to go
through the abatement process allowed by State Law and it would not be available to
someone who was a repeat offender. The property owner would have to present a
plan including costs and a time frame to bring the property into full compliance with
the code and they would also have to use licensed contractors and obtain all
applicable permits.
The City Commission generally agreed that the approval of the remediation plan
should be handled by the Code Enforcement Board. City Attorney Ansbro was
directed to prepare an ordinance allowing for a Special Master to assist with Code
Enforcement cases and bring it back at the December 14, 1999, Regular Meeting.
6.12 Discussion of moving I.T. Parker House and possible locations.
City Manager Smith advised that the new owners of the Well's property (located near
the Springhill Suites property at Stirling Road & 1-95) have agreed to donate the
historic I.T. Parker House located on the site to the City for preservation purposes.
The new owners also agreed to assist the City with moving the house.
Discussion followed on moving the house to various locations such as Mullikin Park,
Frost Park or in the City Hall parking lot across the street from the Nyberg/Swanson
House. The City Commission generally agreed to direct City Manager Smith to obtain
cost projections on moving the house to the different locations and bring it back to the
Commission.
6.13 Discussion of proposal to purchase the Frost property.
City Manager Smith advised that he met with the trustees of the Frost Estate who
advised him that they had an offer on the table but agreed to accept the City's offer.
They're asking price was $550,000 and a $20,000.00 deposit would be required while
the City goes through the due diligence process and secures financing. Mr. Smith
made an offer of$450,000.00 but the trustees were not willing to sell it for that price.
He stated that an appraisal would be part of the due diligence process. Mr. Smith
MINUTES —CITY OF DANIA BEACH 17 NOVEMBER 9, 1999
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advised that the building would remain in tact where it was presently located and
possibly used as a Cultural Facility.
A motion was made by Commissioner Etling, seconded by Commissioner Mikes,
approving execution of a document that would bind a refundable $20,000.00 deposit
subject to the appraisal and until the City's due diligence is exhausted with the 30 day
term to be negotiated. The motion passed on the following 5/0 roll call vote:
Commissioner Cali —yes Vice-Mayor McElyea—yes
Commissioner Etling —yes Mayor Bertino—yes
Commissioner Mikes - yes
6.14 Update on annexation.
Commissioner Mikes asked for an update on annexation. City Manager Smith
advised that the annexation referendum would be held in November 2000, and would
become effective six months after that date. There would be five different annexation
areas and the residents would choose either Hollywood or Dania Beach. City
Attorney Ansbro advised that the bill would be filed with the Legislative Delegation by
November 12, 1999.
ITEMS 5.3& 5.4 WERE REHEARD AT THIS TIME
7. APPOINTMENTS
7.1 Appointment of 1 member on the Airport Advisory Board.
7.2 Appointment of two (2) members on the Code Enforcement Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND
AFFIRMING THE APPOINTMENT OF TWO (2) MEMBERS TO THE CODE
ENFORCEMENT BOARD; CONFIRMING THE APPOINTMENT OF ONE MEMBER TO
SERVE A THREE (3) YEAR IN THE POSITION OF GENERAL CONTRACTOR, OR IN
LIEU OF A GENERAL CONTRACTOR, AND ONE MEMBER TO SERVE IN THE
POSITION OF ELECTRICAL CONTRACTOR, OR IN LIEU OF AN ELECTRICAL
CONTRACTOR, FOR THREE YEAR TERMS EACH BEGINNING NOVEMBER 11,
1999 AND ENDING NOVEMBER 10, 2002; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE."
Commissioner Etling recommended the reappointment of Beulah Lair and William
Sargent in their positions on the Code Enforcement Board.
7.3 Appointment of 2 members on Dania Housing Authority.
7.4 Appointment of 1 member on the Economic Development and
7.5 Appointment of 1 member on Human Relations Board.
7.6 Appointment of 1 member on the Marine Advisory Board.
MINUTES—CITY OF DANIA BEACH 18 NOVEMBER 9, 1999
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7.7 Appointment of 2 members and 2 alternates on Nuisance Abatement Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND
AFFIRMING THE APPOINTMENT OF TWO (2) MEMBERS AND (2)ALTERNATES TO
THE NUISANCE ABATEMENT BOARD TO SERVE ONE YEAR TERMS BEGINNING
SEPTEMBER 28, 1999 THROUGH SEPTEMBER 27, 2000; PROVIDING THAT ALL
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ARE REPEALED TO
THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR EFFECTIVE
DATE."
Commissioner Cali nominated Janice Peterman as a member and Chickee
Brandemarte as an alternate to the Nuisance Abatement Board.
Commissioner Mikes nominated Robert Mitchell as a member and Sophie Steele as
an alternate to the Nuisance Abatement Board.
7.8 Appointment of 2 members on the Occupational License Review Advisory
Board.
7.9 Appointment of 1 member on Parks, Recreation and Community Affairs Advisory
Board.
A motion was made by Commissioner Etling, seconded by Commissioner Mikes, to
adopt the Resolutions approving the appointments as presented. The motion passed
on the following 5/0 roll call vote:
Commissioner Cali—yes Vice-Mayor McElyea —yes
Commissioner Etling —yes Mayor Bertino —yes
Commissioner Mikes - yes
8. ADMINISTRATIVE REPORTS
8.1 City Manager
*Sample guide to daily travel prices— Runzheimer International
City Manager Smith recommended purchasing the initial disc for the Runzheimer
International Travel guide and using the Cost of Living Index to update it. The
City Commission generally agreed to use the program through September 30,
2000.
*Sign- "Drug Free Zone"
City Manager Smith presented sample signs and advised that the language
"buying drugs" could not be placed on the signs because the language could not
be supported by Florida Statutes. The signs could, however, include the
MINUTES—CITY OF DANIA BEACH 19 NOVEMBER 9, 1999
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language "dealing drugs". The initial mapping process had been started and the
entire northwest section of the City would be designated as a "Drug Free Zone."
The City Commission was invited to attend a breakfast meeting sponsored by
Sheriff Jenne, BSO, at 9:00 a.m. on December 10, 1999, at City Hall.
City Manager Smith commended Jason Nunemaker, Interim Assistant to the City
Manager, along with the Marine Advisory Board and Marine Safety Captain
Glenn Morris for their efforts in obtaining a FIND (Florida Inland Navigation
District) grant in the amount of$161,000.00.
8.2 City Attorney Ansbro requested that the City Commission schedule a "Shade"
meeting in the near future to discuss possible settlement and litigation strategy
on the 911 Store. City Manager Smith suggested setting one of the upcoming
regular meetings to begin at 7:00 p.m. so that the "Shade" meeting could be held
prior to the regular meeting.
In response to Commissioner Mikes, City Attorney Ansbro advised that the
closed session involving the City of Dania Beach that was on the County
Commission agenda last week related to the EMS "Minnet" funds litigation.
9. COMMISSION COMMENTS
9.1 Commissioner Cali encouraged the public to attend the Tomato Festival starting
November 12, 1999.
9.2 Commissioner Etling asked whether limousine vehicles that are parked in
residential neighborhoods could be considered commercial vehicles and cited
for blocking sidewalks. City Attorney Ansbro agreed to review a possible code
amendment.
9.3 Commissioner Mikes asked when the rollout containers would be delivered. City
Manager Smith advised that BFI would be delivering the 96-gallon rollout
containers and recycling containers at the end of November. City Manager
Smith advised that the Griffin Road irrigation project is expected to take 60 days
and that the landscaping will begin the first of the year.
Commissioner Mikes also asked about the status of the landscaping at the Griffin
Road/1-95 interchange. City Manager Smith advised that the irrigation contract
had been awarded, which should be completed within 60 days.
He asked staff to follow up on conditions placed on abatement approvals;
specifically, Lucy's Auto Clinic.
He thanked staff for installing the replacement parts on the playground
equipment at Northside Park in Melaleuca Gardens.
MINUTES—CITY OF DANIA BEACH 20 NOVEMBER 9, 1999
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He was concerned about projects being started by Public Works employees and
are not completed for extended periods of time. He requested a schedule of
projects for the Public Work's teams to be presented to the City Commission.
9.4 Vice-Mayor McElyea thanked staff for having the "No Parking" signs installed
along 3rd Avenue. He also advised that he was given the opportunity to swear-
in the officers for the College Gardens Homeowners' Association.
A motion was made by Commissioner Mikes, seconded by Vice-Mayor McElyea,
to designate Commissioner Etling as alternate voting delegate to the National
League of Cities convention in December. The motion passed unanimously.
Vice-Mayor McElyea apologized to Chief Anton, BSO, for his comments at the
last meeting and mentioned that they now have a better working relationship.
9.5 Mayor Bertino requested that City Attorney Ansbro prepare a dumpster
ordinance requiring older dumpsters to be enclosed.
This meeting adjourned at 1:07 a.m.
ATTEST: PAT FLURY
Mayor-Commissioner
C A LENEJO N, ON
Acting City Clerk "
Respectfully submitted by Nanci Denny.
APPROVED ON: JULY 24, 2001
MINUTES -CITY OF DANIA BEACH 21 NOVEMBER 9, 1999
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MINUTES SUMMARY
DANIA BEACH CITY COMMISSION B
REGULAR MEETING
NOVEMBER 9, 1999
MAYOR BERTINO CALLED THE MEETING TO ORDER AT 7:30 P.M.
INVOCATION AND PLEDGE OF ALLEGIANCE
*Reverend T. Lewis, Gethsemane Baptist Church
ROLL CALL
Present:
Mayor: John Bertino
Vice-Mayor: Charles McElyea
Commissioners: Jim Cali
John Etling
Bob Mikes
City Attorney: Tom Ansbro
City Manager: Mike Smith
Deputy City Clerk: Charlene Johnson
PRESENTATIONS
a) BSO- "Deputy of the Month"—none
Chief Anton mentioned that along with the Tomato Festival this weekend,
on Sunday, November 14, at Dania Beach, the Broward Sheriffs Office,
in cooperation with some of the residents and COPS volunteers, will
conduct a free Auto Theft Give-away. The Top Ten automobiles being
targeted are as follows:
Honda Accord, Toyota Camry, Honda Civic, Ford Mustang, Toyota
Corolla, Chevy Caprice, Oldsmobile Cutlass, Dodge Caravan, Cadillac
Deville, Chrysler Lebaron
BSO will present free auto prevention clubs to Dania Beach residents at
the MRC motor home on the beach near the lifeguard stand. Residents
need to bring a registration to prove ownership of one of the above-
referenced vehicles and identification of Dania Beach residency. The
program goal is to reduce auto theft.
Chief Anton advised that he attended a promotional ceremony with the
Sheriffs Office and that Colonel Tom Carney was promoted to Under-
Sheriff. Chief Anton reminded the commission that Colonel Carney
received his Command debut in Dania Beach and that he served as his
Executive Officer at that time.
MINUTES SUMMARY-
CITY OFDANIABEACH 1 NOVEMBER 9, 1999
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Chief Anton introduced Major Tim Gillette, Region 1 Commander of the
Broward Sheriff's Office, Major Gillette expressed his desire to enhance
communications and partnerships with the community and local
governments and the commission was encouraged to contact him if they
need further assistance regarding BSO.
Greater Dania Beach Chamber of Commerce
Jan Davenport, President of Greater Dania Chamber of Commerce,
presented the 2000 Directory featuring many activities and functions in
Dania Beach. She expressed appreciation to City Manager Smith, the
City Commission, and members of the Chamber, especially John Buckle,
for their assistance with the directory
PROCLAMATIONS-NONE
1. CONSENTAGENDA
Resolutions:
1.1 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING
RESOLUTION NO. 214-99 ADOPTED OCTOBER 12, 1999 IN ORDER
APPROVE A REVISED LEASE AGREEMENT BETWEEN DELORES M.
MASSELLI AND THE CITY OF DANIA BEACH FOR PROPERTY LOCATED
AT 2229 GRIFFIN ROAD, APARTMENTS 1, 2, & 3, AKA/ FIRE STATION NO.
93; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE." (CAD99.087 FIRE Masselli Lease Agreement)
1.2 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
THE AGREEMENT BETWEEN FLORIDA INLAND NAVIGATION DISTRICT,
WATERWAYS ASSISTANCE PROGRAM, AND THE CITY OF DANIA BEACH
FOR GRIFFIN MARINE PARK(PROJECT#BR-DA-99-49); PROVIDING FOR A
TERM OF AGREEMENT FROM OCTOBER 1, 1999 THROUGH SEPTEMBER
30, 2001; PROVIDING FOR GRANT FUNDING IN THE AMOUNT OF
$161,500.00; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE." (CAD99.093CM GRIFFIN MARINE PARK)
1.3 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING
THE CITY MANAGER TO AMEND APPLICATION MADE TO THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR THE FLORIDA
RECREATION DEVELOPMENT ASSISTANCE PROGRAM GRANT FOR THE
REDEVELOPMENT OF FROST PARK; AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO EXECUTE SAID APPLICATION; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE." (CAD99.084 PARKS FRDAP GRANT)
Ordinances— Title to be read by city attorney
1.4 "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING SECTION 17-125 OF THE CITY CODE OF
ORDINANCES, WHICH SECTION IS ENTITLED "ESTABLISHED; INTENT;
COMPOSITION; TERM", OF ARTICLE VII, ENTITLED "NUISANCE
ABATEMENT BOARD", OF CHAPTER 17, ENTITLED "OFFENSES —
MINUTES SUMMARY-
CITY OF DANIA BEACH 2 NOVEMBER9, 1999
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MISCELLANEOUS", TO CHANGE THE LENGTH OF BOARD MEMBERS'
TERMS FROM ONE (1) YEAR TO TWO (2) YEARS AND DESIGNATE THE
EXPIRATION OF SUCH TERMS; PROVIDING FOR CONFLICTS; PROVIDING
A SEVERANCE CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE."
A MOTION WAS MADE BY COMMISSIONER ETLING, SECONDED BY VICE-
MAYOR MCELYEA, APPROVING THE CONSENT AGENDA. THE MOTION
PASSED ON A 5/0 ROLL CALL VOTE. (FIRST READING OF ORDINANCE)
(CAD99.072GM NUISANCE ABATEMENT BOARD)
2. BIDS/RFPS.-
2.1 Staff recommendation on awarding bid for reroofing of Dania
Beach Grille.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING
THE CITY MANAGER TO CONTRACT FOR THE PURCHASE OF SUPPLIES,
SERVICES, MATERIALS, AND EQUIPMENT IN THE AMOUNT OF $15,409.00
FROM THERMA SEAL ROOF SYSTEMS; AUTHORIZING THE PROPER CITY
OFFICIALS TO EXECUTE AN AGREEMENT WITH THERMA SEAL ROOF
SYSTEMS FOR REMOVAL OF THE OLD ROOF AND INSTALLATION OF A
NEW ROOF AT THE DANIA BEACH BAR AND GRILLE BUILDING;
PROVIDING THAT ALL RESOLUTIONS IN CONFLICT HEREWITH BE
REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING
AN EFFECTIVE DATE."
A MOTION WAS MADE BY COMMISSIONER CALI, SECONDED BY
COMMISSIONER ELTING, ADOPTING THE RESOLUTION. THE MOTION PASSED
ON A 410 ROLL CALL VOTE WITH COMMISSIONER CALI OUT OF THE ROOM..
(CAD99.003AS DANIA BEACH GRILLE LEASE)
3. PUBLIC HEARINGS AND SITE PLANS
3.1 (Continued from 10/26/99 meeting at the request of the petitioner)
SP-63-99—Request for Site Plan approval by Claudette&Athanasios
Zavalis for installation of a parking lot associated with renovation of the
existing 1,000 +/-sq. ft. building located on the south side of Griffin Road,
between SW 291h Terrace, at address 2970 Griffin Road.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE
SITE PLAN REQUEST SUBMITTED BY CLAUDETTE & ATHANASIOS
ZAVALIS FOR PROPERTY LOCATED AT 2970 GRIFFIN RD., DANIA BEACH;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING AN EFFECTIVE
DATE."
A MOTION WAS MADE BY COMMISSIONER MIKES, SECONDED BY
COMMISSIONER ETLING, CONTINUING RESOLUTION(SP-63-99) TO NOVEMBER
23, 1999 REGULAR MEETING/N ORDER FOR ATTORNEY ANSBRO TO REVIEW
MINUTES SUMMARY-
CITY OFDANIA BEACH 3 NOVEMBER 9, 1999
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WHETHER THE NON-CONFORMING BUSINESS USE AT THE PROPERTY yygS
BROKEN. THE MOTION PASSED ON A 5/0 ROLL CALL VOTE.
(CONTINUED FROM 8/10/99 REGULAR MEETING)
3.2 SP-24-99 Continued request for Site Plan approval by Jeff
Collie to construct a 2,368 sq. ft. retail building to be located on the west
side of Dixie Highway and SW 14'h Street by FEC Railroad.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
THE SITE PLAN REQUEST SUBMITTED BY JEFF COLLIE, FOR PROPERTY
LOCATED AT SOUTH DIXIE HWY. AND SW 14T" STREET; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE."
A MOTION WAS MADE BY COMMIS
COMMISSIONER SIONER MIKES SECONDED BY
ETL/NG ADOPTING RESOLUTION SP-24 gg WjTy THE
FOLLOW/NG CONDITIONS: 1 BUILDING BE CENTERED 2 THREE 3 96
GALLON ROLL-OUT TRASH CONTAINERS WITH HOUSING BLOCK WALL MOVED
TO ACCOMMODATE THE THIRD CONTAINER AS SHOWN ON DRAWING• 3
FOUR 4 TREES ON NORTH AND ONE 1 TREE ON SOUTH TOTAL OF FIVE
TREES TO BE SYMMETR/CALLYDISTRIBUTED ALONG THE BUILDING• 4
GRADING OF THE PARKD LOT SO THAT STORM WATER WILL DRAIN
PROPERLY O BOTH SIDES OF THE BUILDING. THE MOTION PASSED ON A 5/0
ROLL C-�LL VOTE..
3.3 SA-75-99 Request for Sign Adjustment approval by Roger M.
Pomerance, P.A., Attorney and Representative for Chevron USA, 345
North Federal Highway.
"A RESOLUTION APPROVING THE SIGN ADJUSTMENT REQUEST SUBMITTED
BY CHEVRON U.S.A., INC., FROM CHAPTER 28, ZONING, ARTICLE 28,
SIGNS, SECTION 28.160, 2(A)(111), SECTION 28.170(1) AND SECTION
28.170(2) SIGN REGULATIONS, FOR PROPERTY LOCATED AT 345 NORTH
FEDERAL HWY., DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE."
A MOTION WAS MADE BYCOMMISSIONER ETLING SECONDED BY
COMMISSIONER MIKES CONTINUING RESOLUT/ON SA-75-99 TO DECEMBER
14 1999 REGULAR MEETING. THE MOTION PASSED ON A 4/0 ROLL CALL VOTE
WITH COMMISSIONER CALI OUT-OF-THE ROOM.
3.4 a) VA-71-99 Request for Variance approval by Ocean
Waterway Mobile Home Co-Op from Section 39-217, Broward County,
Off Street Parking Requirements and Section 39-659, Separation in
conjunction with the site plan request for the construction of a new
general meeting facility for property located at 157— 158 Inagua Street.
"A RESOLUTION APPROVING THE VARIANCE REQUEST SUBMITTED BY
OCEAN WATERWAY COOP, INC., FROM OFF-STREET PARKING
REQUIREMENTS AND SEPARATION REQUIREMENTS, FOR PROPERTY
LOCATED AT 157-158 INAGUA ST., DANIA BEACH; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE."
MINUTES SUMMARY.
CITY OF DANIA BEACH
4 NOVEMBER 9, 1999
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A MOTION WAS MADE BY COMMISSIONER MIKES SECONDED BY
COMMISSIONER ETLING APPROVING RESOLUTION VA-71-99 WITH THE
CONDITIONS THAT THE HOUSE WILL BE PRESERVED IN ITS CURRENT
CONDITION FOR THE REMAINDER OF THE CO-OP LEASE AND THAT THE CO-OP
WILL APPLY TO THE NATIONAL REGISTER FOR HISTORICAL DESIGNATION OF
THE HOUSE. THE MOTION PASSED ON A 411 ROLL CALL VOTE WITH
COMMISb) SP-72-99 Request for SIONER CALI VOTING NO
t Plan approval by
Ocean Waterway
Mobile Home Co-Op for construction of a new general meeting facility for
property located at 157— 158 Inagua Street.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
THE SITE PLAN REQUEST SUBMITTED BY OCEAN WATERWAY CO-OP,
INC., FOR PROPERTY LOCATED AT 157-158 INAGUA STREET, DANIA
BEACH, FLORIDA; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED TO
THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE."
A MOTION WAS MADE BY COMMISSIONER MIKES SECONDED BY
COMMISSIONER ETLING APPROVING RESOLUTION SP-72-99 WITH THE
CONDITION THAT FOUR 4 ROYAL PALM TREES WILL BE ADDED ALONG
BRYAN ROAD TO COMPLIMENT MARINA LANDSCAPING ACROSS THE STREET.
THE MOTION PASSED ON A 4/1 ROLL CALL VOTE WITH COMMISSIONI
VOTING NO. ER CAL
3.5 a) Request for approval of"Letter of No Objection"to change
the note on the Clem Plat to allow for warehouse use for property located
at 2765 SW 36"' Street.
A MOTION WAS MADE BY COMMISSIONER MIKES SECONDED BY
COMMISSIONER ETLING APPROVING THE "LETTER OF NO OBJECTION"TO
CHANGE THE NOTE ON THE CLEM PLAT WITH THE CONDITION THAT
ATTORNEYANSBRO AND GROWTH MANAGEMENT DIRECTOR WILL CHECK TO
SEE IF THE ADJECTIVE"RECREATIONAL MARINE RELATED WAREHOUSE USE"
CAN BE ADDED TO THE APPROVAL. THE MOTION PASSED ON A 5/0 ROLL CALL VOTE. (CAD99.006GM)
0 Request for Site Builders for a lu ber storage bus dingon a portion approval on of property to a ed on
the north side of Southwest 361"Street(Collins Road) and west of
Southwest 26'"Terrace aka/2765 SW 361" Street.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE
SITE PLAN REQUEST SUBMITTED BY MICHAEL MORRISON, OWNER OF
MORRISON BUILDERS, INC., FOR PROPERTY LOCATED AT 2765 SW 36TH
STREET (COLLINS RD), DANIA BEACH, FLORIDA; PROVIDING THAT ALL
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT WITH THIS
MINUTES SUMMARY-
CITY OFDANIA BEACH 5 NOVEMBER 9, 1999
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RESOLUTION ARE REPEALED TO THE EXTENT OF SUCH CONFLICT;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE."
A MOTION WAS MADE BY COMMISSIONER MIKES, SECONDED BY VICE-MAYOR
MCELYEA, ADOPTING RESOLUTION(SP-70-99). THE MOTION PASSED ON A 510
ROLL CALL VOTE.
4. CITIZENS'COMMENTS:COMMENTS BY DANIA BEACH CITIZENS OR INTERESTED PARTIES THAT ARE NOT
APART OF THE REGULAR AGENDA SHOULD BE GIVEN IN WRITING OR COMMUNICATED VERBALLY PRIOR
TO 4:00 P.M.THE SECOND(2ND)AND FOURTH(4TH)MONDAY OF EACH MONTH. THE CITY MANAGER,OR HIS
DESIGNEE,WILL ATTEMPT TO ADDRESS ALL MATTERS OR CONCERNS. IN THE EVENT THAT THE CONCERN
REMAINS UNRESOLVED, THE CITIZEN(S)OR PARTY WILL BE ASKED TO ADDRESS THE CITY COMMISSION
DURING THE MEETING.COMMENTS SHALL BE LIMITED TO THREE(3)MINUTES.
4.1 Betty Jean Lane— Permit#B-0933-98, 4559 SW 33 Avenue
Betty Jean Lane exDlained the severe damage that was done to her home from
excess storm water runoff coming from surrounding homes on a higher elevation.
Discussion followed with the City Commission and Bud Palm Utilities Director,
regarding the option of pumping the water out or raising the elevation of Ms
Lane's house The City Commission generally agreed to allow Ms Lane to tap
into the City's drainage system that is expected to be installed in her area in the
spring of the year and donate any excess fill from the drainage pipe installation
project for her property.
5• EXPENDITURES-NONE
5.1 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING
THE CITY MANAGER TO PURCHASE SUPPLIES, SERVICES, MATERIALS,
AND EQUIPMENT IN THE AMOUNT OF $15,449.52 FOR WIRELESS
COMPUTER NETWORKING EQUIPMENT MANUFACTURED BY
BREEZECOM INC., FROM NORTHSTAR COMMUNICATIONS GROUP, INC.,
UNDER STATE OF FLORIDA SNAPS CONTRACT NO. 2501400, WITHOUT
COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS;
PROVIDING THAT ALL RESOLUTIONS IN CONFLICT HEREWITH BE
REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE."
A MOTION WAS MADE BY COMMISSIONER CALI SECONDED BY
COMMISSIONER ETLING, ADOPTING THE RESOLUTION THE MOTION PASSED
ON A 510 ROLL CALL VOTE.
(CAD99.066 FINANCE Computer Hardware)
6.2 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING
THE CITY MANAGER TO PURCHASE A NEW VAC-CON SEWER CLEANING
TRUCK IN THE AMOUNT OF $136,767.00 FROM SOUTHERN SEWER
EQUIPMENT SALES; DIRECTING THE CITY MANAGER TO TRADE-IN THE
CITY'S 1994 VAC-CON, MODEL V311THA, SEWER CLEANER TRUCK FOR
A NEW VAC-CON, MODEL VPD4212LHA/1300, SEWER CLEANER TRUCK;
PURCHASING THE VAC-CON TRUCK FROM SOUTHERN SEWER
EQUIPMENT SALES, THE SOLE PROVIDER, UNDER THE CITY OF
ORLANDO, FLORIDA BID NUMBER SB99-016, WITHOUT COMPETITIVE
MINUTES SUMMARY-
CITY OF DANIA BEACH 6 NOVEMBER 9, 1999
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BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE."
A MOTION WAS MADE BY VICE-MAYOR MCELYEA SECONDED BY
COMMISSIONER CALI ADOPTING THE RESOLUTION. THE MOTION PASSED ON
A 5/0 ROLL CALL VOTE. (CAD99.094DPW Vehicle and Equipment Purchases)
5.3 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING
THE CITY MANAGER TO PURCHASE ONE FORD RANGER CAB PICK-UP
TRUCK IN THE AMOUNT OF $16,098.00 FROM DUVAL FORD, UNDER
FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF
COUNTIES BID NO, 99-07-0913, WITHOUT COMPETITIVE BIDDING AND
WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING THAT ALL
RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT
OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE."
A MOTION WAS MADE BY COMMISSIONER ETLING SECONDED BY
COMMISSIONER_CAAMENDING THE RESOLUTION AMOUNT TO$17 241 00
WITH SAME OPTIONS AS ITEM 5.4 THAT WILL INCLUDE A 4.6L V6 ENGINE 979.00)AND 4 WHEEL ABS BRAKES 1300 00)AND ADOPTING THE
RESOLUTION AS AMENDED. THE MOTION PASSED ON A 4/1 ROLL CALL VOTE
WITH COMMISSIONER MIKES VOTING NO. (CAD99.094DPW Vehicle and
Equipment Purchases)
5.4 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING
THE CITY MANAGER TO PURCHASE TWO FORD RANGER CAB PICK-UP
TRUCKS ($17,241.00 EACH) IN THE TOTAL AMOUNT OF $34,482.00 FROM
DUVAL FORD, UNDER FLORIDA SHERIFFS ASSOCIATION & FLORIDA
ASSOCIATION OF COUNTIES BID NO. 99-07.0913, WITHOUT COMPETITIVE
BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING THAT
ALL RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE
EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE."
A MOTION WAS MADE BY COMMISSIONER ETLING SECONDED BY
COMMISSIONER CALI ADOPTING THE RESOLUTION. THE MOTION PASSED ON
aA 4/1 ROLL CALL VOTE WITH COMMISSIONER MIKES. (CAD99.094DPW Vehicle
nd Equipment Purchases)
5.5 "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING
THE CITY MANAGER TO PURCHASE SELF-CONTAINED BREATHING
APPARATUS FROM SCOTT SAFETY EQUIPMENT COMPANY FOR THE
FIRE RESCUE DEPARTMENT AT A COST OF $60,440.70; PROVIDING THAT
THE SELF-CONTAINED BREATHING APPARATUS BE PURCHASED FROM
SCOTT SAFETY EQUIPMENT COMPANY, SOLE SOURCE PROVIDER,
WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR
BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE."
A MOTION WAS MADE BY COMMISSIONER CALI SECONDED BY
COMMISSIONER ETLING ADOPTING THE RESOLUTION WITH THE
MINUTES SUMMARY-
CITY OF DANIA BEACH 7
NOVEMBER 9, 1999
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UNDERSTANDING THAT THE FIRE DEPARTMENT WILL CREATE A REGULAR
REPLACEMENT PLAN FOR BREATHING APPARATUS E UIPMENT. THE MOTION
PASSED ON A 5/0 ROLL CALL VOTE. (CAD99.095FIRE Breathing Apparatus
Equipment Replacement Plan)
6. DISCUSSIONAND POSSIBLEACT/ON
6.1 Discussion of BSO response time on drug and street crimes called
in on the 765-4321 number. (Commissioner Mikes)
CHIEF ANTON BSO, EXPLAINED THE NUMEROUS TYPES OF CALLS THAT
COME INTO THE 765-4321 DISPATCH NUMBER AND THE DELAYS THAT EXIST
WITH HANDLING DRUG DEALING CRIMES THAT ARE BEING REPORTED. CHIEF
ANTON ADVISED THAT THE 911 NUMBER SHOULD ONLYBE USED FOR
EMERGENCIES HOWEVER HE AGREED THAT THE NUMBER COULD BE USED
WHEN THERE IS ONGOING DRUG PROBLEM EXISTING AT A BUSINESS
THAT NEEDS AN I MU MMEDIATE RESPONSE.
6.2 Discussion of Growth Management Director position qualifications.
(Commissioner Mikes)
CITY MANAGER SMITH ADVISED THAT THE FOCUS FOR HIRING THE PERSON
TO FILL THE GROWTH MANAGEMENT DIRECTOR POSITION WILL BE A DEGREE
IN PLANNING EXPERIENCE IN REDEVELOPMENT AND ECONOMIC
DEVELOPMENT AND AN A/CP DESIGNATION IS DESIRABLE. ADVERTISEMENT
WILL BE OVER THE fNTERNET AND PROFESSIONAL JOURNALS.
CITY MANAGER SMITH ADVISED THAT LE/GH KERR'S FIRM WILL CONTINUE TO
ASSIST THE C/Ty UNTIL THE POSITION IS FILLED. (CMD99.010AS Recruitment)
6.3 Discussion of status of drug arrests and promised improvements
to Doctor Glogover rental properties in Dania Beach and possible tenant
violations at Saratoga Apartments. (Commissioner Mikes)
COMMISSIONER MIKES MENTIONED THAT THERE MAYBE A PROBLEM WITH
SOME TENANTS RECEIVING SECTION 8 HOU ASSISTANCE THROUGH THE DANIA
SING AU THORI TY WHOM DEALING DRUGS.
RITA SCHMELCER DIRECTOR OF THE DANIA HOUSING AUTHORITY ADVISED
THAT THERE ARE 399 UNITS RECEIVING SECTION 8 ASSISTANCE THROUGH
THE DANIA HOUSING AUTHORITY SHE COMMENTED ON ACTIONS BY THE
DANIA HOUSING AUTHORITY Ti TERMINATE PROGRAM ASSISTANCE TO
THOSE INDIVIDUALS INVOLVED WITH DRUG DEALING HOWEVER SHE
CLARIFIED THAT THE LANDLORDS/OWNERS CAN ONLY TAKE ACTION TO
EVICT INDIVIDUALS. FURTHER DISCUSSION INVOLVED THE AGENCY'S
RESPONSIBILITYIN FOLLOWING HUD GUIDELINES WHEN TENANTS IN THE
SUBSIDIZED PROGRAM ARE COMMITTING DRUG CRIMES. SHE MENTIONED
THAT SPECIAL INSPECTIONS CAN BE MADE TO UNITS WHENEVER A PROBLEM
IS DETECTED AND THAT THE DNA WORKS VERY CLOSELY WITH BSO AND THE
DR. HERMAN WRICE/PEOPLES INSTITUTE TURN AROUND AMERICA
MINUTES SUMMARY-
CITY OF DANIA BEACH $
NOVEMBER 9, 1999
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ORGANIZATION TO PROCESS THE CASES CORRECTLY IN ORDER TO PROVE
THE CRIME.
MS. SCHMELCER AGREED TO PROVIDE A LIST OF SECTION 8 UNITS IN DANIA
BEACH. THE COMMISSION GENERALLY AGREED THAT A WORKSHOP SHOULD
BE SCHEDULED WITH THE HOUSING AUTHORITY ON A REGULAR BASIS.
6.4 Request for renewal of Auctioneer's Occupational License by Jay
Kodner, Kodner Galleries, Inc., located at 45 S. Federal Highway.
A MOTION WAS MADE BY COMMISSIONER ETLING SECONDED BY VICE-MAYOR
MCELYEA APPROVING THE LICENSE RENEWAL. THE MOTION PASSED ON A
510 ROLL CALL VOTE
6.5 Request for abatement of CEB98-0068 by John Ulbrick for
property at 4550 Ravenswood Road.
A MOTION WAS MADE BY COMMISSIONER CALI SECONDED BY VICE-MAYOR
MCELYEA. DENYING THE REQUEST FOR ABATEMENT AND IMPOSING THE FULL
LIEN AMOUNT OF$53 050 00 THE MOTION PASSED ON A 411 ROLL CALL VOTE
WITH COMMISSIONER ETLING VOTING NO
6.6 Request for abatement of CEB98-0110 by Wilfride Noelssaint for
property at 232 S.W. 3 Street.
A MOTION WAS MADE BY VICE-MAYOR MCELYEA SECONDED BY
COMMISSIONER CALI DENYING THE RE VEST FOR ABATEMENT TO 6 000.00
AND IMPOSING THE FULL LIEN AMOUNT OF 11 200.00. THE MOTION PASSED
ON A 510 ROLL CALL VOTE
6.7 Request for abatement of CEB99-0223 by Danians Corp. for
property at 605 E. Dania Beach Boulevard.
A MOTION WAS MADE BY COMMISSIONER ETLING SECONDED BY
COMMISSIONER CALI, ABATING THE$2 900 00 LIEN TO$600 00 THE MOTION
FAILED On Z/3 ROLL CALL VOTE AS FOLLOWS:
COMMISSIONER CALI- YES COMMISSIONER ETLING— YES
COMMISSIONER MIKES-NO VICE-MAYOR MCELYEA-NO
MAYOR BERTINO-NO
6.8 Request for abatement of CEB97-0282 by Amliwa, Inc, for
property at 1111 Griffin Road.
A MOTION WAS MADE BY COMMISSIONER CALI SECONDED BY
COMMISSIONER MIKES ABATING THE$53,100.00 LIEN TO$600.00 DUE TO THE
CITY'S ERROR IN PROPERLY NOTIFYING THE OWNER. THE MOTION PASSED
ON A 510 ROLL CALL VOTE
6.9 Request for abatement of CEB96-0064 by Dania Management for
property at 213 Sheridan Street.
MINUTES SUMMARY-
CITY OFDANIABEACH 9 NOVEMBER 9, 1999
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A MOTION WAS MADE BY COMMISSIONER ETLING SECONDED BY
COMMISSIONER MIKES.ABATING THE$160 750 00 LIEN TO$2 500 00 TO BE
PAID WITHIN 30 DAYS. THE MOTION PASSED ON A 3 2 ROLL CALL VOTE AS
FOLLOWS:
COMMISSIONER CALI-NO COMMISSIONER ETLING— YES
COMMISSIONER MIKES-YES V/CE-MAYOR MCELYEA-YES
MAYOR BERTINO-NO
6.10 Request for abatement of CEB98-0178 by Graves Museum of
Archaeology and Natural History, Inc. for property at 481 S. Federal
Highway.
ITEM 6.10 WAS CONTINUED TO DECEMBER 14 1999 REGULAR MEETING.
6.11 Discussion of Amnesty Program for Code Enforcement liens.
CITY MANAGER SMITH PRESENTED AN OUTLINE OFAN AMNESTY PROGRAM
TO BE PROVIDED TO RESIDENTS WITH CODE ENFORCEMENT LIENS WHO
PROVIDE A REMEDIATION PLAN TO BRING THEIR PROPERTY INTO FULL
COMPLIANCE WITH THE CODE
THE CITYCOMM/SSION GENERALLYAGREED THAT THEAPPROVAL OF THE
MEDIATION PLAN SHOULD BE HANDLED BY THE CODE ENFORCEMENT
BOARD. C/TYATTORNEYANSBRO WAS DIRECTED TO PREPARE AN
ORDINANCE FOR A SPECIAL MASTER TO ASSIST WITH CODE ENFORCEMENT
CASES TO BE BROUGHT BACK AT THE DECEMBER 14 REGULAR MEETING.
(CAD99.096GM Code Lien Amnesty Program)
6.12 Discussion of moving I.T. Parker House& possible locations.
CITY MANAGER SMITH ADVISED THAT THE NEW OWNERS OF THE WELL'S
PROPERTY lLOCATED NEAR THOMAS/SPRINGHILL SUITES PROPERTY A_T
STIRLING ROAD11-95) HAVE AGREED TO DONATE THE HISTORIC I.T PARKER
HOUSE LOCATED ON THE SITE TO THE CITY FOR PRESERVATION PURPOSES.
THE NEW OWNERS HAVE ALSO AGREED TO ASSIST THE CITY WITH MOVING
THE HOUSE,
DISCUSSION FOLLOWED ON MOVING THE HOUSE TO A LOCATION ON
STIRLING ROAD FROST PARK FOR USE BY THE DANIA OPTIMIST CLUB OR AT
CITY HALL ACROSS THE STREET FROM THE NYBERGISWANSON HOUSE. THE
CITY COMMISSION GENERALLY AGREED TO DIRECT CITYMANAGER SMITH TO
OBTAIN COST PROJECTIONS ON MOVING THE HOUSE TO THE DIFFERENT
LOCATIONS AND BRING BACK TO THE COMMISSION.
House) (CA099097CM I.T. Parker
6.13 Discussion of proposal to purchase Frost property.
A MOTION WAS MADE BY COMMISSIONER ETLING SECONDED BY
COMMISSIONER MIKES APPROVING EXECUTION OF A DOCUMENT THAT WILL
MINUTES SUMMARY-
CITY OFDAN/A BEACH 10 NOVEMBER 9, 1999
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BIND A REFUNDABLE $20 000 00 DEPOSIT SUBJECT TO THE APPRAISAL UNTIL
CITY'S DUE DILIGENCE IS EXHAUSTED. THE MOTION PASSED ON A 510 ROLL
CALL VOTE. (CAD99.098CM Frost Property)
6.14 Update on annexation. (Commissioner Mikes)
CITY MANAGER SMITH ADVISED THAT THERE WILL BE FIVE DIFFERENT AREAS
FOR REFERENDUM VOTE IN NOVEMBER 2000 AND THAT THE ANNEXATION
WILL BE EFFECTIVE SIX MONTHS FROM THAT DATE. CITY ATTORNEY
ANSBRO ADVISED THAT THE BILL WILL BE FILED BY FRIDAY, NOVEMBER 12r"
(CMD99.005AS South Central Annexation Study)
7. APPOINTMENTS(SEE ITEMS 7.2 AND 7.7)
7.1 Appointment of 1 member on the Airport Advisory Board.
7.2 Appointment of one (2) members on the Code Enforcement
Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING
THE APPOINTMENT OF TWO (2) MEMBERS TO THE CODE ENFORCEMENT BOARD;
CONFIRMING THE APPOINTMENT OF ONE MEMBER TO SERVE A THREE (3)YEAR IN THE
POSITION OF GENERAL CONTRACTOR, OR IN LIEU OF A GENERAL CONTRACTOR, AND
ONE MEMBER TO SERVE IN THE POSITION OF ELECTRICAL CONTRACTOR, OR IN LIEU OF
AN ELECTRICAL CONTRACTOR, FOR THREE YEAR TERMS EACH BEGINNING NOVEMBER
11, 1999 AND ENDING NOVEMBER 10, 2002; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE."
COMMISSIONER ETLING RECOMMENDED REAPPOINTMENT OF BEULAH LAIR
AND BILL SARGENT IN THEIR POSITIONS ON THE CODE ENFORCEMENT
BOARD. (CAD99.017AS Board Appointments)
7.3 Appointment of 2 members on Dania Housing Authority.
7.4 APPOINTMENT OF 1 MEMBER ON THE ECONOMIC DEVELOPMENT AND
7.5 Appointment of 1 member on Human Relations Board.
7.6 Appointment of 1 member on the Marine Advisory Board.
1.
7.7 Appointment of 2 members and 2 alternates on Nuisance
Abatement Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING
THE APPOINTMENT OF TWO (2) MEMBERS AND (2) ALTERNATES TO THE NUISANCE
ABATEMENT BOARD TO SERVE ONE YEAR TERMS BEGINNING SEPTEMBER 28, 1999
THROUGH SEPTEMBER 27, 2000; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT ARE REPEALED TO THE EXTENT OF SUCH CONFLICT;
FURTHER, PROVIDING FOR EFFECTIVE DATE."
COMMISSIONER CALI APPOINTED JANICE PETERMAN AS A MEMBER AND
RECOMMENDED CHICKEE BRANDEMARTE AS AN ALTERNATE.
MINUTES SUMMARY-
CITY OF DANIA BEACH 11 NOVEMBER 9, 1999
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COMMISSIONER MIKES APPOINTED ROBERT MITCHELL AND RECOMMENDED
SOPHIE STEELE AS AN ALTERNATE. (CAD99.017AS Board Appointments)
7.8 Appointment of 2 members on the Occupational License Review
Advisory Board.
7.9 Appointment of 1 member on Parks, Recreation and Community
Affairs Advisory Board.
A MOTION WAS MADE BY COMMISSIONER ETLING SECONDED BY
COMMISSIONER MIKES,ADOPTING THE RESOLUTIONS APPROVING THE
APPOINTMENTS AS PRESENTED. THE MOTION PASSED ON A 510 ROLL CALL
VOTE. (CAD99.017AS Board Appointments)
8. ADMINISTRATIVE REPORTS
8.1 City Manager
*Sample guide to daily travel prices—Runzheimer International
City Manager Smith recommended purchasing the initial disc for the
Runzheimer International Travel guide and using the Cost of Living Index
to update. The City Commission agreed to use the program through
September 30, 2000. (CAD99.099FINANCE Travel Expenses)
*Sign-"Drug Free Zone"
City Manager Smith presented sample signs and advised that the
language "buying drugs" cannot be supported by the Statute because it
only deals with selling drugs. The initial mapping process has been
started and the entire northwest section of the City will be designated as a
"Drug Free Zone."
The City Commission was invited to attend a breakfast meeting
sponsored by Sheriff Jenne, BSO, at 9:00 a.m. on December 10, 1999 at
City Hall.
City Manager Smith commended Jason Nunemaker, Interim Assistant to
the City Manager, for his efforts that have awarded the City a FIND
(Florida Inland Navigation District)grant for$161,000.00.
(CAD99.093CM)
8.2 City Attorney Ansbro requested that the City Commission
schedule a"Shade" meeting in the near future according to the Sunshine
Law to discuss possible settlement and litigation strategy on the 911
Store litigation. City Manager Smith suggested setting one of the
upcoming regular meetings to begin at 7:00 p.m. so that the Shade
meeting could be handled prior to the regular meeting.
City Attorney Ansbro advised that the closed session involving the City of
Dania Beach that was on the County Commission agenda last week
related to the EMS "Minnet"funds litigation.
MINUTES SUMMARY-
CITY OFDANIABEACH 12 NOVEMBER 9, 1999
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9. COMMISSION COMMENTS
9.1 Commissioner Cali encouraged the public to attend the Tomato
Festival staring November 12". (CAD99.081 Parks)
9.2 Commissioner Etling asked whether limousine vehicles that are
parked in residential neighborhoods could be considered commercial
vehicles and cited for blocking sidewalks. City Attorney Ansbro agreed to
review a possible code amendment. (MR99.050CA Parking limos in
residential neighborhoods)
9.3 Commissioner Mikes was advised by City Manager Smith that BFI
will be delivering the 96 gallon roll-out containers and recycling containers
towards the end of November.
City Manager Smith advised that the Griffin Road irrigation project'
expected to take 60 days and that the landscaping will begin the first of
the year.
Commissioner Mikes thanked staff for installing the replacement parts at
North side Park Tot Lot in Melaleuca Gardens. He mentioned that there
are projects that are started by Public Works employees and then the
projects are not completed for extended periods of time. He requested a
schedule of projects for the Public Work's teams to be presented to the
City Commission.
9.4 Vice-Mayor McElyea thanked staff for installing the"No Parking"
signs along 3rd Avenue and mentioned his actions to swear-in the officers
for the College Gardens Association.
A motion was made by Commissioner Mikes, seconded by Vice-Mayor
McElyea, to designate Commissioner Etling as Alternate Delegate to the
National League of Cities convention in December. The motion passed
unanimously.
9.5 Mayor Bertino requested City Attorney Ansbro prepare a dumpster
ordinance requiring older dumpsters to be enclosed. (MR99.051 CA
Dumpster Enclosure Ordinance)
Vice-Mayor McElyea apologized to Chief Anton, BSO, for his comments
at the last meeting and mentioned that they now have a better working
relationship.
This meeting adjourned at 1:07 a.m.
MINUTES SUMMARY-
CITY OF DANIA BEACH 13
NOVEMBER 9, 1999
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