HomeMy WebLinkAboutNULL (422) MINUTES OF REGULAR MEETING
DANIA BEACH CITY COMMISSION
TUESDAY, FEBRUARY 26, 2008 - 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 Mario Cinelli, Lighthouse Community Church, g ave the invocation followed by the
Pledge of Allegiance to the United States Flag.
3. Roll Call
Present:
Mayor: Bob Anton
Vice-Mayor: Albert 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 4-0 Roll Call vote:
Commissioner Castro Yes Vice-Mayor Jones Yes
Commissioner Flury Yes Mayor Anton Yes
4. Presentations and Special Event Approvals
4.1 Certificate of Appreciation for Suzanne Witz — Mayor Anton (Continued from
February 12, 2008)
4.2 Certificate of Appreciation for Bud Witz — Mayor Anton (Continued from February
12, 2008)
Mayor Anton presented a plaque to Bud and Suzanne Witz for their many years of dedicated
service to the City.
Mayor Anton acknowledged Sheriff Al Lamberti and Representative Evan Jenne in the audience.
Sheriff Lamberti commended the BSO staff in Dania Beach. He thanked the City of Dania
Beach for their support and partnership.
Representative Jenne noted he was here for his constituents. He recognized the City
Commission for doing a good job and noted he is a proud resident of Dania Beach.
4.3 Special Event Request for the Broward County Airboat Show at Bass Pro Shops on
March 15-16, 2008
Commissioner Castro motioned to approve the Special Event request for the Broward
County Airboat Show at Bass Pro Shops; seconded by Commissioner Flury. The motion
carried on the following 3-0 Roll Call vote:
Commissioner Castro Yes Vice-Mayor Jones Yes
Commissioner Flury Yes Mayor Anton out of room
4.4 Special Event Request for the Flamingo Road Sunrise Beach Baptism to be held at
Dania Beach on March 23, 2008
Commissioner Castro motioned to approve the Special Event request for the Flamingo
Road Sunrise Beach Baptism; seconded by Commissioner Flury. The motion carried on
the following 3-0 Roll Call vote:
Commissioner Castro Yes Vice-Mayor Jones Yes
Commissioner Flury Yes Mayor Anton out of room
4.5 Special Event Request for the 2008 Dania Beach Relay for Life to be held at Frost
Park on April 18-19, 2008
Commissioner Castro motioned to approve the Special Event request for the Dania Beach
Relay for Life; seconded by Commissioner Flury. The motion carried on the following 3-0
Roll Call vote:
Commissioner Castro Yes Vice-Mayor Jones Yes
Commissioner Flury Yes Mayor Anton out of room
4.6 Special Event Request for the MIASF 12`h Annual Plywood Regatta to be held at the
north end of the Dania Beach Marina on April 19-20, 2008
Minutes of Regular Meeting 2
Dania Beach City Commission
Tuesday,February 26,2008—7:00 p.m.
Commissioner Castro motioned to approve the Special Event request for the MIASP 12`h
Annual Plywood Regatta; seconded by Commissioner Flury. The motion carried on the
following 3-0 Roll Call vote:
Commissioner Castro Yes Vice-Mayor Jones Yes
Commissioner Flury Yes Mayor Anton out of room
Mayor Anton called upon Deputy Fire Chief Mike Cassano to make a presentation to members
of the Dania Beach Fire Rescue Unit who were involved in the rescue of John Knight, on
February 9, 2008.
Deputy Fire Chief Cassano presented commendations to Lt. Robert Connolly and
paramedic/firefighters: Michael Haughey, Bruce Liem, Robert Parra and Timothy Quigley. He
summarized the referenced event.
Tiffany Knight Aaron, on behalf of the Knight family, thanked the five members of the Fire
Rescue Unit for saving their father's life when he suffered a massive heart attack.
5. Proclamations
5.1 Greater Mt. Zion AME Church 99`h Anniversary
Mayor Anton read the proclamation for the Greater Mt. Zion AME Church 991h Anniversary.
6. Citizen Comments
Leon Mermelstein, 1055 SE 6t' Avenue, noted he sent a letter to the City Manager and members
of the City Commission. He advised that during the construction of his house he had a sprinkler
system installed and was told it would be cheaper to have a separate meter for it. However he is
being charged a monthly fee and an additional $50.00 backflow connector charge. Mr.
Mermelstein pointed out that no one else in the neighborhood has been assessed the backflow
fee. He requested staff look into the matter and asked for permission to have the meter
disconnected.
Commissioner Flury indicated she also received the letter from the City about the backflow
connector charge. She thought this subject needed to be discussed in detail at another date and
suggested City Manager Pato and Public Services Director Orlando look into this isue and report
back to the Commission.
Commissioner Castro reiterated to Mr. Mermelstein that he would not receive any additional
charges while the Commission investigates the issue and decides what to do.
George Jason, 4549 SW 37`h Avenue, spoke in favor of purchasing the Park 109 property.
Minutes of Regular Meeting 3
Dania Beach City Commission
Tuesday,February 26,2008—7:00 p.m.
7. Consent Agenda
Items removed from Consent Agenda: #7.4
7.1 Minutes
Approve minutes from the February 12, 2008 City Commission meeting
7.2 Travel Requests:
Request of Joe Husosky, Technical Support/Webmaster, to attend the Civic Plus Website
Management Conference in Orlando, Florida on March 3-7, 2008 (Estimated cost $550;
remaining balance $905)
Resolutions
7.3 RESOLUTION #2008-039
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA
AUTHORIZING THE CITY MANAGER TO OBTAIN SECURITY SERVICES FOR THE DANIA BEACH
MARINA FROM STATEWIDE ENTERPRISES, WITHOUT COMPETITIVE BIDDING AND WITHOUT
ADVERTISEMENT FOR BIDS FOR AN ADDITIONAL SUM NOT TO EXCEED $26,000.00; PROVIDING
FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
7.4 RESOLUTION #2008-040
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY
OFFICIALS TO APPROVE AND APPROPRIATE $23,000.00 FOR IRRIGATION SYSTEM REPAIRS AND
UPGRADES AT C.W. THOMAS, FROST, AND P.J. MELI PARKS; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution #2008-040.
Commissioner Flury questioned the savings from the G.O. Bond for the construction of C.W.
Thomas Park. She did not want Bond money mixed with other funds.
Patricia Varney, Director of Finance, advised that some funds were used for the construction of
C.W. Thomas Park but Bond money was also needed. She noted we have other projects and we
must use Parks and Recreation Projects Bond money before November 2008.
Vice-Mayor Jones pointed out that we need to look where the water might be pooling when
irrigation starts at the parks. We may wish to look into draining the areas if flooding occurs.
Commissioner Flury motioned to adopt Resolution #2008-040; 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
Minutes of Regular Meeting 4
Dania Beach City Commission
Tuesday,February 26,2008—7:00 p.m.
Commissioner Castro motioned to adopt the Consent Agenda, with the exception of Item
#7.4; 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
There were no proposals at this meeting.
9. Public Hearings and Site Plans
9.1-A ORDINANCE #2008-005
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING CITY OFFICIALS TO PROCEED TO ACQUIRE BY PURCHASE AND SALE AGREEMENT
A PARCEL OF LAND KNOWN AS THE PARK 109 SITE (109 SW PARK STREET IN THE CITY) AT A COST
OF $2,750,000.00 (AND RELATED CLOSING AND ACQUISITION COSTS, NOT TO EXCEED $50,000.00);
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE. (SECOND READING)
City Attorney Ansbro read the title of Ordinance #2008-005 and Resolution #2008-041 because
they both relate to the same subject.
Mayor Anton opened the Public Hearings. Seeing as there was no one to speak in favor or
opposition, he closed the Public Hearings.
Commissioner Castro motioned to adopt Ordinance #2008-005, 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
9.1-B RESOLUTION #2008- 041
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING FUNDING FOR THE
PURCHASE OF THE PARCEL OF LAND KNOWN AS THE "PARK 109" PARCEL, INCLUDING FUNDING
OF CLOSING COSTS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
City Attorney Ansbro advised the Resolution had been revised to include a not to exceed amount
of$17,500.00 for closing costs, inclusive of title insurance.
Patricia Varney, Director of Finance, recommended the purchase be funded from Reserves.
Minutes of Regular Meeting 5
Dania Beach City Commission
Tuesday, February 26, 2008—7:00 p.m.
Commissioner Castro motioned to adopt revised Resolution #2008-041, with funding for
the purchase of 109 Park to come from Reserves, and funding of $17,500.00 for closing
costs to come from Reserves; 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 #2008-006
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA,AMENDING SECTION 18-46 OF THE CITY
CODE OF ORDINANCES REGARDING THE APPOINTMENT BY THE CITY COMMISSION OF MEMBERS
TO THE BOARD OF TRUSTEES OF THE CITY POLICE AND FIREFIGHTERS RETIREMENT SYSTEM;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE. (SECOND READING)
City Attorney Ansbro read the title of Ordinance #2008-006 and Ordinance #2006-007. He
noted these are housekeeping matters.
Mayor Anton opened the Public Hearings. Seeing as there was no one to speak in favor or
opposition, he closed the Public Hearings.
Commissioner Castro motioned to adopt Ordinance #2008-006, 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 #2008-007
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, CREATING SECTION 2-1.5 OF THE CITY
CODE OF ORDINANCES REGARDING SERVICE BY A CITY COMMISSIONER ON THE BOARD OF
TRUSTEES OF THE CITY POLICE AND FIREFIGHTERS RETIREMENT SYSTEM; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
(SECOND READING)
Commissioner Castro motioned to adopt Ordinance #2008-007, 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
9.4 ORDINANCE 42008-008
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE TRANSPORTATION
ELEMENT OF THE CITY OF DANIA BEACH COMPREHENSIVE PLAN; PROVIDING FOR ADOPTION
PURSUANT TO SECTION 163.3184, FLORIDA STATUTES; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE. (FIRST READING)
Minutes of Regular Meeting 6
Dania Beach City Commission
Tuesday, February 26, 2008—7:00 p.m.
City Attorney Ansbro read the title of Ordinance #2008-008.
Leigh Kerr, Planning Consultant, provided the history of the adoption of the Transportation
Element of the City's Comprehensive Plan. He noted the result of this process is a complete and
updated Transportation Element to be utilized by the City for reviewing transportation matters
throughout the community.
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 noted that the EAR Report submitted last year was found insufficient by
the Florida Department of Community Affairs (FDCA). She pointed out that we would like
FDCA to tell us exactly what wording they would like the City to include in its Comprehensive
Plan, in order for us to save time and money. Commissioner Castro asked Representative Jenne,
present at the meeting, to convey the City's concern to Tallahassee.
Representative Jenne agreed to bring the matter up to Tallahassee.
Commissioner Castro motioned to adopt Ordinance #2008-008, on first 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
9.5 RESOLUTION #2008-038 Revised Resolution
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST FOR AN
ADMINISTRATIVE APPEAL SUBMITTED BY JOAN RIMOLI, REPRESENTING JR'S PROFESSIONAL
DEALER SCHOOL, FOR PROPERTY LOCATED AT 635 EAST DANIA BEACH BOULEVARD, THE
DANIANS SHOPPING CENTER, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution #2008-038. He noted the name in the title
should be Joan Rimoli, not Jean Rimoli.
Corinne Lajoie, Principal City Planner, noted the location of the property. She explained that the
applicant wishes to obtain zoning approval to operate a "Casino Dealer School" at a property
located in the TOC-1 Zoning District. The issue is the definition of what is an allowed business
school.
Vincent Pyle, property owner of the Danians Shopping Square, noted he entered into a 6-year
lease with Joan Rimoli. He stated it is very clear in the permitted uses for the TOC-1 that a
professional school or college is a permitted use. Mr. Pyle was troubled to see that one of the
first applications to the new zoning district has been denied when we have a high level of
vacancies in our downtown area. He requested a favorable consideration of Ms. Rimoli's
request.
Minutes of Regular Meeting 7
Dania Beach City Commission
Tuesday, February 26, 2008—7:00 p.m.
Joan Rimoli, a resident in Hallandale Beach, presented a handout to the Commission containing
information about their school. She has been in the business for 29 years, and she and her
husband graduated from Atlantic City Community College in New Jersey. She noted there are
other schools in South Florida that offer this type of course. She would be providing training for
people to make money. Ms. Rimoli advised each class would have a maximum of 21 students
and estimated that everyone would successfully complete the course after 120-140 hours,
depending on the course. She indicated she would be doing the job placement with the
connections she has, although she cannot promise anyone they will get a job. Ms. Rimoli stated
the school provides a Certificate of Completion, since a State certificate is not required for
teaching Blackjack or Baccarat. She clarified that a pari-mutuel instructor is required to teach
poker. Ms. Rimoli further indicated that she would offer low income residents 25% off the cost
of the class, in order to help them get into a better paying job. She advised the cost of the
courses are in the range of$1,00041,200.
Mayor Anton opened the Public Hearing. Seeing as there was no one to speak in favor or
opposition, he closed the Public Hearing.
Commissioner Flury noted that she knew someone who left a good profession to go to work at
the Seminole Casino and confirmed that this person now makes more money. She did not object
to this type of school in Dania Beach.
Vice-Mayor Jones would like to see the cost of the classes reduced.
Mayor Anton commented there should be some type of State-regulated Certification Program
where legitimate schools could operate and provide proof of education to those attending.
Commissioner Flury motioned to adopt Resolution #2008-038; 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 absent from this meeting.
10.2 Commissioner Castro
Commissioner Castro noted the City of Hollywood submitted an application to expand their
LAC zoning by adding a thousand flex units to the eastern corridor. She requested a letter for
the Mayor's signature to object to this application. It was the consensus of the Commission to
allow the letter to be sent to the Broward County Planning Council.
Minutes of Regular Meeting 8
Dania Beach City Commission
Tuesday, February 26,2008—7:00 p.m.
Commissioner Castro thanked everyone who was involved in the purchase of 109 Park. She was
pleased to see us move forward to the long-awaited economic development in our downtown
area.
10.3 Commissioner Flury
Commissioner Flury thanked those who have continuously supported the Library project.
Commissioner Flury noted the TIME 4 KIDS report received only showed fifty percent of the
kids at Collins Elementary. She thought we should demand better participation.
Colin Donnelly, Assistant City Manager, advised that we are working in tandem with the
company we are using for this program. They are constantly advertising and trying to get the
word out that tutoring is available. He also noted that information is available on our Web Site,
Cable Channel 78, and at other schools within the City.
Commissioner Flury noted there is a shortfall in revenues this year according to the report
received from the Finance Department. She asked Finance Director Varney if reducing the
Contingency Fund by $250,000 was her recommendation.
Patricia Varney, Director of Finance, responded in the affirmative. She further clarified that all
of her recommendations would be presented during the mid-year adjustments.
10.4 Vice-Mayor Jones
Vice-Mayor Jones apologized to the Dania Beach Bears because he did not attend their function
last week. He also congratulated them on their banner year.
Vice-Mayor Jones congratulated Mt. Zion AME Church on their 991h Anniversary.
Vice-Mayor Jones noted he and the City Manager attended a function for the Byrd Pointe
Homeowners Association.
Vice-Mayor Jones was excited about 109 Park because it brings an atmosphere of change in
Dania Beach. He is looking forward to having the Library within the municipal complex.
10.5 Mayor Anton
Mayor Anton thanked the Library and Friends of the Library staff for their support.
Mayor Anton noted he and the City Manager, as well as Public Services Director Orlando,
attended a meeting at the Estates of Ft. Lauderdale. The residents are concerned with a
construction by the firm of Becker & Poliakoff and the possibility that one of their exits will be
on SW 32nd Terrace. He said he and the City Manager sent a letter to the Mayor of Hollywood
Minutes of Regular Meeting 9
Dania Beach City Commission
Tuesday, February 26,2008—7:00 p.m.
expressing their concerns. In addition to that, City staff will be attending the meeting at
Hollywood City Hall on March 3 to support the Estates of Ft. Lauderdale residents.
Mayor Anton recognized Corinne Lajoie, Principal City Planner, for her hard work in the
absence of a Community Development Director.
Mayor Anton invited the citizens of Dania Beach to attend the Grand Opening at City Hall, on
February 29, between 5:30 — 7:30 p.m.
11. Discussion and Possible Action
There were no discussion items on this agenda.
12. Appointments
There were no appointments at this meeting.
13. Administrative Reports
13.1 City Manager
City Manager Pato noted the artwork in the Atrium was provided by members of the business
community. He thanked Clare Vickery for her efforts in coordinating the artwork for City Hall.
City Manager Pato invited everyone to attend the City Hall dedication ceremony next Friday.
13.2 City Attorney
City Attorney Ansbro had not comments.
13.3 City Clerk—Reminders
Thursday, March 6, 2008 — 6:00 p.m. CRA Board Meeting
Thursday, March 6, 2008 —6:30 p.m. City Commission Workshop—Site Plan Review
Tuesday, March 11, 2008— 7:00 p.m. City Commission Meeting
Tuesday, March 18, 2008 — 7:00 p.m. Organizational Meeting
Thursday, March 20, 2008 — 6:00 p.m. Abatement Hearing
Tuesday, March 25, 2008 — 7:00 p.m. City Commission Meeting
14. Adiournment
Mayor Anton adjourned the meeting at 8:26 p.m.
Minutes of Regular Meeting 10
Dania Beach City Commission
Tuesday, February 26,2008—7:00 p.m.
ATTEST: CITY OF DANIA BEACH
LOUISE STILSON, CMC BOB ANT
CITY CLERK MAYOR-COMMISSIONER
Approved: March 11, 2008
Minutes of Regular Meeting 11
Dania Beach City Commission
Tuesday, February 26,2008—7:00 p.m.