HomeMy WebLinkAboutNULL (552) MINUTES OF REGULAR MEETING
DANIA BEACH CITY COMMISSION
TUESDAY, OCTOBER 23, 2007 - 7:00 P.M.
1. Call to Order
Mayor Anton called the meeting to order at 7:00 p.m.
2. Invocation and Pledge of Allegiance
Pastor Juan Cuevas, Maranatha Ministries, gave the Invocation followed by the Pledge of
Allegiance to the United States Flag.
3. Roll Call
Present:
Mayor: Bob Anton
Vice-Mayor: Albert C. Jones
Commissioners: Anne Castro
Patricia Flury
City Manager: Ivan Pato
City Attorney: Thomas Ansbro
City Clerk: Louise Stilson
Absent:
Commissioner: John Bertino
Commissioner Castro motioned to excuse the absence of Commissioner Bertino; seconded
by Vice-Mayor Jones. The motion carried on the following 3-1 Roll Call vote:
Commissioner Castro Yes Vice-Mayor Jones Yes
Commissioner Flury No Mayor Anton Yes
4. Presentations and Special Event Approvals
4.1 Presentation to Michael Oldacre for meritorious service
Colin Donnelly. Assistant City Manager, presented a plaque to Michael Oldacre. Beach
Custodian, for rescuing a woman who fell into the water at the marina.
5. Proclamations
There were no proclamations at this meeting.
6. Citizen Comments
Joan Cutsler, President of the Estates of Fort Lauderdale, provided an update on the status of the
Estates of Fort Lauderdale Mobile Home Park since Hurricane Wilma, and thanked the City for
their assistance during the hurricane. Ms. Cutsler asked, on behalf of the residents of the Estates
of Fort Lauderdale, for their area to be kept on the waiting list for solar lighting.
George Jason, 4549 SW 371h Avenue, thanked Vice-Mayor Jones, City Manager Palo and Public
Services Director Dominic Orlando for their assistance with the trash pickup issue. He advised a
CERT Program meeting would be held at Fire Station #1 on Monday, November 5, 2007, at 7:00
p.m.
7. Consent Agenda
Items removed from Consent Agenda: #7.4, #7.5, #7.8, #7.9, #7.11, #7.12
7.1 Minutes:
Approve Minutes of the Regular Meeting of September 25, 2007
Approve Minutes of the Regular Meeting of October 9, 2007
7.2 Travel Requests:
Request of Vice-Mayor Albert Jones to attend the Florida League of Cities Committee Meeting
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in Tampa, Florida on October 12-13, 2007 (Estimated cost $350—remaining budget $4,650)
Resolutions
7.3 RESOLUTION #2007-201
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO
PURCHASE SODIUM HYPOCHLORITE FROM ALLIED UNIVERSAL CORPORATION, IN AN AMOUNT
NOT TO EXCEED $65,000.00 IN FISCAL YEAR 07/08, UNDER PALM BEACH COUNTY COOPERATIVE
GROUP BID 905-093/CB; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
7.4 RESOLUTION #2007-202
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, DECLARING CERTAIN PERSONAL
PROPERTY TO BE OBSOLETE, SURPLUS, AND OF NO FURTHER USE TO THE CITY OF DANIA BEACII;
DECLARING THE INTENT OF THE CITY TO DISPOSE OF SUCH PROPERTY AT THE DIRECTION OF
THE CITY MANAGER; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
City Attorney Ansbro read the title of Resolution #2007-202.
Minutes of Regular Meeting 2
Dania Beach City Commission
Tuesday,October 23,2007—7:00 p.m.
Vice-Mayor Jones asked how the items would be sold. He suggested we notify the public that
surplus property would be available for auction. He would like a report to the Commission
showing who bid on the documents and how much they paid.
Patricia Varney, Finance Director, explained that for two years we have used a company that
publishes the list of surplus items on their Web Page. The interested parties pay the Company,
and they forward the checks to us. The Company will receive two percent of the total sales. She
indicated that we currently post the information on the City's Web Site as well as our cable
station.
Vice-Mayor Jones motioned to adopt Resolution #2007-202; seconded by Commissioner
Flury. The motion carried on the following 4-0 Roll Call vote:
Commissioner Castro Yes Vice-Mayor Jones Yes
Commissioner Flury Yes Mayor Anton Yes
7.5 RESOLUTION #2007-203
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO
CONTRACT FOR THE PURCHASE OF PAINTING AND REPAIR SERVICES FROM TRADE MASTER
SERVICES INC., IN AN AMOUNT NOT TO EXCEED $23,500.00 WITHOUT COMPETITIVE BIDDING AND
WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; PROVIDING FOR FUNDING;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution #2007-203.
Vice-Mayor Jones asked if this was the new water tank. He asked the City Attorney to explain
the process of piggybacking.
City Attorney Ansbro advised the City Charter provides for certain purchases to be made at a
lower cost, when piggybacking with other governmental agencies, without having to go out to
bid or incur any additional costs.
Dominic Orlando, Public Services Director, explained this is the silo. This amount includes
sandblast and paint and any repair work would be at an additional cost. He commented that in
most cases we save money when piggybacking, with very few exceptions.
Vice-Mayor Jones motioned to adopt Resolution #2007-203; seconded by Commissioner
Castro. The motion carried on the following 4-0 Roll Call vote:
Commissioner Castro Yes Vice-Mayor Jones Yes
Commissioner Flury Yes Mayor Anton Yes
7.6 RESOLUTION #2007-204
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING
TO CLAIMS SERVICES FOR THE WATER MAIN LOOPING PHASE 1 — WATER PLANT TO DOWNTOWN
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Dania Beach City Commission
Tuesday,October 23,2007—7:00 p.m.
WATER MAIN PROJECT; MAKING FINDINGS; AUTHORIZING A WORK ORDER FOR A SUM NOT TO
EXCEED$20,000.00 FOR ENGINEERING SUPPORT SERVICES, DUE TO A LEGAL CLAIM BY A PROJECT
SUBCONTRACTOR, WITH CAMP DRESSER AND MCKEE; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE WORK ORDER; PROVIDING ASSURANCES; PROVIDING FOR FUNDING; PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
7.7 RESOLUTION #2007-209
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO
ENGAGE ADDITIONAL ARCHITECTURAL, ENGINEERING AND OTHER SERVICES FROM ROBERT
MCDONALD AND ASSOCIATES FOR AN AMOUNT NOT TO EXCEED $25,000.00 FOR THE STATION 93
PROJECT; PROVIDING FOR FUNDING, PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
7.8 RESOLUTION 42007-210
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO
PURCHASE BULK HIGH-CALCIUM QUICKLIME FROM CARMEUSE LIME, INC., IN AN AMOUNT NO"l,
TO EXCEED $80,000.00 IN FISCAL YEAR 07/08, UNDER THE CARMEUSE PROPOSAL OF CITY OF
TAMARAC RESOLUTION # R-2007-148; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution 42007-210.
Commissioner Castro motioned to adopt Resolution #2007-210; seconded by Commissioner
Flury. The motion carried on the following 4-0 Roll Call vote:
Commissioner Castro Yes Vice-Mayor Jones Yes
Commissioner Flury Yes Mayor Anton Yes
7.9 RESOLUTION #2007-211
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING
TO THE CREATION OF A DESIGN-BUILD PACKAGE FOR THE SOUTHWEST COMMUNITY CENTER,
MAKING FINDINGS; AUTHORIZING A WORK ORDER FOR $16,730.00 FOR DESIGN SERVICES TO BE
PERFORMED BY CAMP DRESSER AND MCKEE; AUTHORIZING THE CITY MANGER TO EXECUTE
THE WORK ORDER; PROVIDING FOR ASSURANCES; PROVIDING FOR CONFLICTS; FURTHER
PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution #2007-211.
Vice-Mayor Jones asked for an explanation of how the Community Center was incorporated into
the Public Works Compound.
Dominic Orlando, Public Services Director, provided an explanation of the process. He
indicated that after several meetings they identified the storm drainage requirements for the site,
therefore the design-build option can be considered. This option will allow the Southwest
Community Center to be built prior to other work on the Public Services Facility site.
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Dania Beach City Commission
Tuesday,October 23, 2007—7:00 p.m.
Vice-Mayor Jones motioned to adopt Resolution #2007-211; seconded by Commissioner
Castro. The motion carried on the following 4-0 Roll Call vote:
Commissioner Castro Yes Vice-Mayor Jones Yes
Commissioner Flury Yes Mayor Anton Yes
7.10 RESOLUTION #2007-213
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY
OFFICIALS TO EXECUTE AN AMENDMENT TO THE APRIL 23, 1999 LEASE AND EASEMENT
AGREEMENT EXISTING BETWEEN THE CITY OF DANIA BEACH AND THE SOUTH FLORIDA
REGIONAL TRANSPORTATION AUTHORITY, TO SUBLET THIRTY-FIVE (35) PARKING SPACES TO
THE HUMANE SOCIETY OF BROWARD COUNTY ON SATURDAYS AND SUNDAYS; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
7.11 RESOLUTION #2007-216
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO
PURCHASE A VEHICLE FOR THE PUBLIC SERVICES DEPARTMENT IN THE AMOUNT OF $135,772.95
FROM BRIGGS EQUIPMENT, UNDER THE FLORIDA SHERIFF'S OFFICE CONTRACT, WITHOUT
COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR FUNDING,
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution #2007-216.
Commissioner Flury questioned the source of the funding.
Patricia Varney, Finance Director, responded it is a budgeted item in FY 2008.
Commissioner Flury motioned to adopt Resolution 92007-216; seconded by Commissioner
Castro. The motion carried on the following 4-0 Roll Call vote:
Commissioner Castro Yes Vice-Mayor Jones Yes
Commissioner Flury Yes Mayor Anton Yes
7.12 RESOLUTION #2007-215
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO
PURCHASE LAWN AND LANDSCAPE MAINTENANCE SERVICES IN AN AMOUNT NOT TO EXCEED
$30,000.00 FROM PRESTIGE PROPERTY MANAGEMENT AND MAINTENANCE, INC. WITHOUT
COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution #2007-215.
Commissioner Flury confirmed that this is an interim contract which will allow us to have
services available through the end of the year while we complete the bid evaluations.
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Dania Beach City Commission
Tuesday,October 23,2007—7:00 p.m.
Commissioner Flury motioned to adopt Resolution 1$2007-215; seconded by Commissioner
Castro. The motion carried on the following 4-0 Roll Call vote:
Commissioner Castro Yes Vice-Mayor Jones Yes
Commissioner Flury Yes Mayor Anton Yes
Commissioner Castro motioned to approve the Consent Agenda, with the exception of
Items #7.4, #7.5, #7.8, #7.9, #7.11, and 47.12; seconded by Vice-Mayor Jones. The motion
carried on the following 4-0 Roll Call vote:
Commissioner Castro Yes Vice-Mayor Jones Yes
Commissioner Flury Yes Mayor Anton Yes
8. Bids and Requests for Proposals
8.1 RESOLUTION #2007-214
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO
PURCHASE MEDIAN MODIFICATION CONSTRUCTION SERVICES IN FISCAL YEAR 2007-2008, FROM
TENEX ENTERPRISES, INC., PURSUANT TO A COMPETITIVE BID FOR CONSTRUCTION ACTIVITIES
(INSTALLATION OF MEDIAN MODIFICATIONS FOR SHERIDAN STREET AND S.W. 21�D AVENUE) IN
THE AMOUNT OF $154,691.00; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE
AGREEMENT; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution#2007-214.
Commissioner Castro motioned to adopt Resolution #2007-214; seconded by Commissioner
Flury. The motion carried on the following 4-0 Roll Call vote:
Commissioner Castro Yes Vice-Mayor Jones Yes
Commissioner Flury Yes Mayor Anton Yes
9. Public Hearings and Site Plans
9.1 ORDINANCE #2007-024
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA PERTAINING TO THE CITY RETIREMENT
SYSTEMS; AMENDING CHAPTER 18 OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS
ENTITLED "PENSIONS AND RETIREMENT," TO AMEND SECTION 18-1, "PARTICIPATION IN GROUP
INSURANCE — RETIREES" TO CLARIFY THAT EMPLOYEES WHO TERMINATE CITY EMPLOYMENT
BUT WHO ARE VESTED AT THE TIME OF TERMINATION ARE TO BE AFFORDED THE OPTION TO RE-
JOIN THE CITY HEALTH PLAN WHEN THEY BECOME RETIREES; FURTHER, TO CREATE
DEFINITIONS FOR THE TERMS "VESTED TERMINATED", "TERMINATED VESTED" (EMPLOYEES),
"RETIREE" AND "TO RETIRE" AND TO PROVIDE FOR THEIR INCLUSION IN SECTION 18-3
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Dania Beach City Commission
Tuesday,October 23,2007—7:00 p.m.
("DEFINITIONS"); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING)
City Attorney Ansbro read the title of Ordinance #2007-024.
Mayor Anton opened the Public Hearing. Seeing as there was no one to speak in favor or
opposition, he closed the Public Hearing.
Commissioner Castro motioned to adopt Ordinance #2007-024, on second reading;
seconded by Commissioner Flury. The motion carried on the following 4-0 Roll Call vote:
Commissioner Castro Yes Vice-Mayor Jones Yes
Commissioner Flury Yes Mayor Anton Yes
9.2 ORDINANCE #2007-028
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 28 OF THE CITY
CODE OF ORDINANCES, ENTITLED "ZONING", TO ALLOW OUTDOOR FRESH PRODUCE MARKETS
AS ACCESSORY USES TO RETAIL USES WHICH PRIMARILY SELL UNPREPARED (UNCOOKED)
FOODS,OR BEVERAGES OR BOTH AT RETAIL IN ALL C-DISTRICTS (COMMERCIAL DISTRICTS), THE
TOD DISTRICTS (TRANSIT ORIENTED DEVELOPMENT DISTRICTS) AND THE TOC-1 AND 2
DISTRICTS (TRANSIT ORIENTED CORRIDOR DISTRICTS); PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING)
City Attorney Ansbro read the title of Ordinance #2007-028.
Laurence Leeds, AICP, Community Development Director, explained that this Ordinance would
allow outdoor produce stands as a permitted use, subject to compliance with size, location and
traffic safety requirements.
Mayor Anton opened the Public Hearing. Seeing as there was no one to speak in favor or
opposition, he closed the Public Hearing.
Commissioner Castro motioned to adopt Ordinance #2007-028, on second reading;
seconded by Vice-Mayor Jones. The motion carried on the following 4-0 Roll Call vote:
Commissioner Castro Yes Vice-Mayor Jones Yes
Commissioner Flury Yes Mayor Anton Yes
9.3 ORDINANCE 42007-025
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY
PAUL DOUGLAS OF DOUGLAS DEVELOPMENT GROUP, INC. REPRESENTING WILSON ATKINSON,
PRESIDENT OF GRIFFIN POINT, INC., FOR THE "GRIFFIN POINT PLAT", SUCH PROPERTY BEING
GENERALLY LOCATED ON THE NORTH SIDE OF GRIFFIN ROAD, WEST OF RAVENSWOOD ROAD IN
THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS
ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL
STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF THE "GRIFFIN POINT PLAT";
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Dania Beach City Commission
Tuesday,October 23,2007—7:00 p.m.
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE. (SECOND READING)
City Attorney Ansbro read the title of Ordinance #2007-025.
Laurence Leeds, AICP, Community Development Director, provided a history of the property.
He noted the Planning and Zoning Board recommended approval subject to conditions.
Rod Feiner, Attorney for the applicant, noted they agree to the conditions, including the right
turn only onto SW 45`" Street.
Mayor Anton opened the Public Hearing. Seeing as there was no one to speak in favor or
opposition, he closed the Public Hearing.
Commissioner Castro motioned to adopt Ordinance #2007-025, on second reading;
seconded by Commissioner Flury. The motion carried on the following 4-0 Roll Call vote:
Commissioner Castro Yes Vice-Mayor Jones Yes
Commissioner Flury Yes Mayor Anton Yes
City Attorney Ansbro advised the remaining items were quasi-judicial matters and swore-in
those who would speak. He asked the Commission to disclose any communication they had on
these matters.
Mayor Anton advised he was contacted about the Valgard Self Storage and the American
Maritime Officers Building requests.
Vice-Mayor Jones and Commissioner Castro noted they were contacted about the Valgard Self
Storage request.
9.4 RESOLUTION #2007-207
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST
SUBMITTED BY NICK ECONOMOS, ON BEHALF OF THE PROPERTY OWNER, GRIFFIN ROAD
PARTNERS, LLC, FOR PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF GRIFFIN
ROAD AND RAVENSWOOD ROAD, (2081 GRIFFIN ROAD), IN THE CITY OF DANIA BEACH, FLORIDA,
IN CONNECTION WITH THE PROVISIONS OF CHAPTER 26, "VEGETATION' AND CHAPTER 28,
"ZONING"; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE,
City Attorney Ansbro read the title of Resolution #2007-207 and Resolution #2007-208 because
they both involve the same property.
Laurence Leeds, AICP, Community Development Director, provided a description of the
property. The site will be a 157 room hotel, a 124 unit extended suites hotel, and a 64,000
square foot office building. The applicant has requested a Sign variance to allow a 90 foot high
sign that is 450 square feet in area, which would be used for all three businesses. He also asked
for a variance to allow 551 parking spaces. The applicant requested Commercial loading space
variances as well. Also included in their request were Landscape Island variance and pervious
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Dania Beach City Commission
Tuesday,October 23,2007—7:00 p.m.
area and setback waivers. The Planning and Zoning Board recommended approval of all
variances, waivers and site plan.
Mayor .Anton opened the Public Hearings.
Sue Delegal, Attorney for the applicant, was available to answer questions. She noted they agree
to all conditions requested by staff.
Seeing as there was no one else to speak in favor or opposition, Mayor Anton closed the Public
Hearings.
Nick Economos, on behalf of Griffin Road Partners, LLC, advised the 90 foot pole sign would
be visible from I-95. It would be identical to the sign at the Hilton Hotel.
Commissioner Flury was concerned about the landscape reduction and the sign size.
Attorney Delegal noted it is necessary for the sign to be visible from I-95 so that people who are
traveling can see it. They have tried to minimize the lighting impact on Griffin Road. She noted
they have worked with staff on the landscape design.
Mr. Economos referred to the Spring Hill Suites sign and noted that people traveling on I-95
would not see their hotel without the sign. He noted they also landscape the parking islands.
Martin A. Diaz-Yabor, AIA, architect of record, noted they exceed the landscape requirements.
He explained it would not be advisable to reduce the number of parking spaces due to possible
future restaurant development.
Mayor Anton thought this was an excellent project and would like to see it move forward.
Commissioner Flury understood the reason to have this type of sign but would like future
projects to include more attractive signs.
Mr. Economos noted they are still working on the design of the sign and once it is finalized they
will be happy to share it with the Commission. He confirmed for the Commission that if the
building permits are issued in March 2008, they anticipate opening in mid 2009.
Commissioner Castro motioned to adopt Resolution 42007-207, with conditions; seconded
by Vice-Mayor Jones. The motion carried on the following 4-0 Roll Call vote:
Commissioner Castro Yes Vice-Mayor Jones Yes
Commissioner Flury Yes Mayor Anton Yes
9.5 RESOLUTION #2007-208
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN AND
WAIVER REQUESTS SUBMITTED BY NICK ECONOMOS ON BEHALF OF THE PROPERTY OWNER,
GRIFFIN ROAD PARTNERS, LLC, FOR PROPERTY GENERALLY LOCATED AT THE NORTHEAST
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Dania Beach City Commission
Tuesday,October 23,2007—7:00 p.m.
CORNER OF GRIFFIN ROAD AND RAVENSWOOD ROAD, (2081 GRIFFIN ROAD), IN THE CITY OF
DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE,
Commissioner Castro motioned to adopt Resolution #2007-208; seconded by Vice-Mayor
Jones. The motion carried on the following 4-0 Roll Call vote:
Commissioner Castro Yes Vice-Mayor Jones Yes
Commissioner Flury Yes Mayor Anton Yes
9.6 RESOLUTION #2007-205
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST
SUBMITTED BY JEFFERY GROSS ASSOCIATES ARCHITECTS, P.A., REPRESENTING THE PROPERTY
OWNER, AMERICAN MARITIME OFFICERS BUILDING CORPORATION OF FLORIDA (AMO), FOR
PROPERTY LOCATED AT 604 SOUTH FEDERAL HIGHWAY, IN THE CITY OF DANIA BEACH,
FLORIDA, IN CONNECTION WITH THE PROVISIONS OF CHAPTER 28, "ZONING", ARTICLE 6.21
"PARKING"; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution #2007-205 and Resolution #2007-206 because
they involve the same property.
Laurence Leeds, AICP, Community Development Director, provided a description of the
property. The applicant wishes to construct a 1,600 sq. ft. modular office building in an existing
parking lot located behind an office building. This will require the removal of 17 parking spaces
however the applicant stated that they have permission to use the adjacent church parking area.
He noted that the Planning & Zoning Board recommended approval of the project. Director
Leeds indicated the modular building would be located on the site for 2-3 years.
Jeffery Gross, architect for the project, noted that AMO owns a large number of parcels of land
in the area of this project. He noted the current lease for the modular building is for two years.
Mr. Gross requested approval of the request.
Mayor Anton opened the Public Hearings.
Faye Bartelmes, 214 SW 2nd Terrace, commented that each building should have its own parking
and not rely upon other parking areas.
Seeing as there was no one else to speak in favor or opposition, Mayor Anton closed the Public
Hearings.
Commissioner Castro motioned to adopt Resolution #2007-205; seconded by Commissioner
Flury.
Mayor Anton requested a friendly amendment to the motion for a written agreement between
Lighthouse Community Church and AMO for the use of the parking spaces.
Mr. Gross agreed to pursue obtaining this document.
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Dania Beach City Commission
Tuesday,October 23,2007—7:00 p.m.
Commissioner Castro agreed to the amendment to the motion. The motion carried on the
following 4-0 Roll Call vote:
Commissioner Castro Yes Vice-Mayor Jones Yes
Commissioner Flury Yes Mayor Anton Yes
9.7 RESOLUTION #2007-206
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN AND
WAIVER REQUESTS SUBMITTED BY JEFFERY GROSS ASSOCIATES ARCHITECTS, P.A.,
REPRESENTING THE PROPERTY OWNER, AMERICAN MARITIME OFFICERS BUILDING
CORPORATION OF FLORIDA (AMO), FOR PROPERTY LOCATED AT 604 SOUTH FEDERAL HIGHWAY,
IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE.
Commissioner Castro motioned to adopt Resolution #2007-206, with a three-year time
limit; seconded by Vice-Mayor Jones. The motion carried on the following 4-0 Roll Call
vote:
Commissioner Castro Yes Vice-Mayor Jones Yes
Commissioner Flury Yes Mayor Anton Yes
9.8 RESOLUTION #2007-212
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY
NECTARIA M. CHAKAS WITH THE LAW FIRM OF RUDEN, MCCLOSKY, SMITH, SCHUSTER &
RUSSELL, P.A., REPRESENTING THE PROPERTY OWNER, VALGARD OF STIRLING LLC, FOR AN
EXTENSION OF SPECIAL EXCEPTION SE-23-06, APPROVED BY RESOLUTION 2006-133; VARIANCE
VA-24-06, APPROVED BY RESOLUTION NO. 2006-134; AND SITE PLAN SP-22-06 APPROVED BY
RESOLUTION NO. 2006-135, ALL APPROVED ON AUGUST 8, 2006, FOR PROPERTY GENERALLY
LOCATED AT THE NW CORNER OF STIRLING ROAD AND (UNIMPROVED) SW 19Tu COURT (ON THE
NORTH SIDE OF STIRLING ROAD WEST OF I-95, DANIA BEACH); PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution#2007-212.
Laurence Leeds, AICP, Community Development Director, provided a history of the project. He
indicated that the applicant is requesting a one-year extension for the special exception, variance
and site plan approvals until August 8, 2008, Director Leeds advised that if the City
Commission decides to extend the approvals, all previous conditions should be included.
Mayor Anton opened the Public Hearing.
Nectaria Chakas, of the law firm Ruden, McClosky, Attorney for the applicant, noted the project
was delayed due to construction costs and a shift in the partnership. She asked the Commission
for approval of the extension requests.
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Dania Beach City Commission
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Seeing as there was no one else to speak in favor or opposition, Mayor Anton closed the Public
Hearing.
Commissioner Fluty motioned to adopt Resolution #2007-212; seconded by Commissioner
Castro. The motion carried on the following 4-0 Roll Call vote:
Commissioner Castro Yes Vice-Mayor Jones Yes
Commissioner Flury Yes Mayor Anton Yes
10. Commission Comments
10.1 Commissioner Bertino
Commissioner Bertino was not present at this meeting.
10.2 Commissioner Castro
Commissioner Castro advised she attended the Ravenswood Estates Association meeting and
they are planning to bring forward a request regarding building single family homes at their park.
Commissioner Castro asked for an update on the Spinning Wheel Sign.
City Manager Pato advised the sign had been removed.
Commissioner Castro questioned the annual cost of the beach parking permit for senior citizens.
She suggested we reevaluate the fees. Commissioner Castro asked for suggestions from the rest
of the Commission.
Mayor Anton noted that out of state residents pay higher taxes therefore they should not pay
higher costs for parking. He would like the ordinance changed to address homeowners who
reside in the City, whether temporarily or permanently.
It was the consensus of the Commission to direct City Attorney Ansbro to revise the Parking
Permit Fees Ordinance.
10.3 Commissioner Flury
Commissioner Flury noted she is still receiving calls about trees being cut in the City. She
clarified that the City only destroys trees if it is absolutely necessary, otherwise they are always
relocated.
Commissioner Flury advised work is progressing on Dania Beach Boulevard. She warned
residents to expect delays in that area for some time.
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Dania Beach City Commission
Tuesday,October 23,2007—7:00 p.m.
Commissioner Flury commented on the Grand Opening of C.W. Thomas Park and thought we
should all be proud of it. She hopes the pool will open soon for everyone's enjoyment.
10.4 Vice-Mayor Jones
Vice-Mayor Jones attended the Lions Club meeting over the weekend at the LT. Parker
Community Center. He commented that elderly people had to park far away from the building,
and suggested that the Fire Marshal's Office staff park further away during the weekend so that
parking spaces are available for our senior and handicapped residents.
Vice-Mayor Jones advised that on Friday, November 2"d there will be a breakfast meeting from
7:30 a.m. — 9:00 a.m, to discuss the Boys and Girls Club in Dania Beach. He noted Dr. Frank
Till will be present to update residents on the future of the Club.
Vice-Mayor Jones commented on the Urban Planning Council meeting for the Florida League of
Cities that he attended in Tampa. He noted some of the subjects discussed were the Gross
Management Act Division, water supply, and the proposed Bottle Bill.
Vice-Mayor Jones thanked George Jason for coming forward on the garbage issue. He would
like Waste Management to pickup on schedule.
Commissioner Flury congratulated Beulah Lair and others who graduated tonight from the eight-
week CERT Program Course.
10.5 Mayor Anton
Mayor Anton noted that children will be on the streets on Halloween night. He asked everyone
to drive carefully.
Mayor Anton advised that Broward County Manager Pamela Brangaccio resigned today.
Mayor Anton asked for an update on the traffic light on 5`h Avenue and Dania Beach Boulevard.
Dominic Orlando, Public Services Director, advised the traffic light should be installed during
the first quarter of next year. He said he will try to get a date to bring back to the Commission.
Mayor Anton congratulated the graduates of the CERT Program Course and thanked them for
their efforts on behalf of the City.
11. Discussion and Possible Action
11.1 Discussion of the December 25, 2007 City Commission Meeting, and the 2008 City
Commission Meeting Dates—City Clerk
City Clerk Stilson advised the second meeting in December would be on a holiday.
Minutes of Regular Meeting 13
Dania Beach City Commission
Tuesday,October 23,2007—7:00 p.m.
Commissioner Castro motioned to cancel the December 25, 2007 City Commission
meeting; seconded by Vice-Mayor Jones. The motion carried on the following 4-0 Roll Call
vote:
Commissioner Castro Yes Vice-Mayor Jones Yes
Commissioner Flury Yes Mayor Anton Yes
It was the consensus of the Commission to discuss the Commission Meeting Dates Schedule on a
quarterly basis. They confirmed that the first quarter of 2008 did not require any changes.
12. Appointments
Mayor Anton appointed Richard Ramcharitar to the Airport Advisory Board.
Commissioner Castro motioned to approve the appointment of Richard Ramcharitar to the
Airport Advisory Board; seconded by Vice-Mayor Jones. The motion carried on the
following 4-0 Roll Call vote:
Commissioner Castro Yes Vice-Mayor Jones Yes
Commissioner Flury Yes Mayor Anton Yes
Mayor Anton reappointed Bill Winkelholz to another four year term on the Dania Beach
Housing Authority.
Commissioner Castro motioned to approve the re-appointment of Bill Winkelholz to the
Dania Beach Housing Authority; seconded by Commissioner Flury. The motion carried on
the following 3-0 Roll Call vote:
Commissioner Castro Yes Vice-Mayor Jones Abstained
Commissioner Flury Yes Mayor Anton Yes
13. Administrative Reports
13.1 City Manager Palo
City Manager Pato noted that a small group of people will be meeting on Thursday, October 25,
at 5:00 p.m. at City Hall, in an effort to revive the Main Street Program in Dania Beach. They
are looking for volunteers and anyone interested should contact Clare Vickery at Grace Cafe and
Gallery.
13.2 City Attorney Ansbro
Minutes of Regular Meeting 14
Dania Beach City Commission
Tuesday,October 23,2007—7:00 p.m.
City Attorney Ansbro noted he was contacted by the attorney representing Broward International
Commerce Center Inc., regarding clarification of the hours when the trucks could idle on the
property. They requested an amendment to the Variance and Site Plan Resolutions adopted at
the August 28, 2007 Commission Meeting to reflect the correct hours.
Commissioner Castro motioned to amend the Resolutions as requested; seconded by Vice-
Mayor Jones. The motion carried on the following 4-0 Roll Call vote:
Commissioner Castro Yes Vice-Mayor Jones Yes
Commissioner Flury Yes Mayor Anton Yes
133 City Clerk— Reminders
Wednesday, November 7, 2007 —6:00 p.m. CRA Board Meeting
Tuesday, November 13, 2007— 7:00 p.m. Regular City Commission Meeting
Thursday, November 15, 2007 —6:00 p.m. Abatement Hearing
Tuesday, November 27, 2007—7:00 p.m. Regular City Commission Meeting
14. Adjournment
Mayor Anton adjourned the meeting at 8:50 p.m.
ATTEST: CITY OF DANIA BEACH
LOUISE STILSON, CMC BOB ANTON
CITY CLERK MAYOR-COMMISSIONER
Approved: November 13, 2007
Minutes of Regular Meeting 15
Dania Beach City Commission
Tuesday,October 23,2007—7:00 p.m.
FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST Ni NAME-MIDDLE NAME N OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE
'2 .S F ' r (
MAILI G ADDRESS 1 ; THE BOAR COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
CIT � ^K� �ft^� `
^ NTy CITY ❑COUNTY ❑OTHER LOCAL AGENCY�I V< C . ME OF POLITICAL`SUBDLVTISI�OrN:
DATE ON WHICH VOTE OCCURRED ( D/ Jn /,,, C4CI
MY POST ION IS:
ELECTIVE ❑ APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county,city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inure�,to the special gain or loss of a principal (other than,a govewmerrt agency) by whom he or she is retained(including the
parent organization or subsidiary of a corpora principal by prin by which he or she'is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S.,and officers of independev�special tax districts elected dial are-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative' includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A"business associate:means ahy person or entity engaged in or carrying on d business
enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above,you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting;and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting,who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting,who will incorporate the form in the minutes. (Continued on other side)
CE FORM 8B-EFF. 1/2000 PAGE 1
F. The
OINTE7ead
S (continued)
opy of throvided immediately to the other members of the agency.
form mcly at the next meeting after the form is filed.
U MAKEO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
/ DISCLOSURE OF LOCAL OFFICER'S INTEREST
l,-� Y { � �"���' — hereby disclose that on—�0/; 3__-____--- _ — _- ZOO
(a)A measure came or will come before my agency which (check one)
_— inured to my special private gain or loss;
—_ inured to the special gain or loss of my business associate,—
__ inured to the special gain or loss of my relative,
inured to the special gain or loss of by
-------------------------
whom I am retained;or
_-- inured to the special gain or loss of
------------------—----------------------------
--------- which
is the parent organization or subsidiary of a principal which has retained me.
(b)The measure before my agency and the nature of my conflicting interest in the measure is as follows
CDr ma , w, �� �L lwV0.T . lfOt6,nS 7w{�W✓iTe� �lor -fY�G � .
�euL�+lse. o � �l�csAe, �aror Con�ra legs, K �'fo�,f►�on Is alai
offf'Cfa fs A eeri fl rT�elrt59
/fps/ 6G ow-
Date-- ----- ---- --------
---------------
------------- ---Date File Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED$10,000.
CE FORM 813-EFF. 1/2000
PAGE