HomeMy WebLinkAboutNULL (417) MINUTES OF REGULAR MEETING
DANIA BEACH CITY COMMISSION
TUESDAY, MARCH 25, 2008 — 7:00 P.M.
1. Call to Order
Mayor Jones 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: Albert Jones
Vice-Mayor: Anne Castro
Commissioners: Bob Anton
John Bertino
Patricia Flury
City Manager: Ivan Pato
City Attorney: Thomas Ansbro
City Clerk: Louise Stilson
4. Presentations and Special Event Approvals
4.1 Comprehensive Annual Financial Report for FY 2006-2007 — Keefe, McCullough &
Co., LLP
Cindy Calvert, CPA, Keefe, McCullough & Co., presented an overview of their FY 2007
Comprehensive Annual Report. She indicated that professional standards require that they
provide the Commission with certain information related to the audit, in addition to the report
that has been issued. Ms. Calvert stated that during their audit, they became aware of certain
matters that represent opportunities for the City to strengthen its internal controls and operating
efficiencies. She further commented that they found staff to be very helpful and cooperative
during the audit process.
Patricia Varney, Director of Finance, presented a PowerPoint which is attached to and
incorporated into these minutes.
Ms. Calvert discussed the 19 criteria used to determine the City's financial condition. This
information is included in the PowerPoint presentation. She indicated that the City's overall
rating is inconclusive. Ms. Calvert pointed out that during the audit process they found some
internal control matters which are not considered significant and could be corrected. These are:
• Business License Tax Department: They recommended that the files be stored in a proper
location in alphabetical order; and that a review process be put in place in order to
eliminate the errors being made on the fees charged.
• General Employee Pension Plan: They recommended that an employee with management
responsibility review the data before it is given to the actuary.
Ms. Calvert presented a Guide to Governmental Statements to the Commission to help them in
understanding the report.
Director Varney noted the Hurricane Fund increased due to insurance reimbursements. She
confirmed the funds could be transferred by the Commission for other uses if they so desire.
Commissioner Flury was pleased with the overall report and that the auditors are reviewing the
City's operational procedures.
Commissioner Bertino noted that the trends and benchmarks shown on the report were very
positive.
Mayor Jones noted that we are moving forward towards searching for more grant opportunities
for our City.
The Commission thanked Director Varney and her staff for the preparation of the annual report.
Commissioner Anton motioned to accept the Comprehensive Annual Financial Report for
FY 2006-2007; seconded by Vice-Mayor Castro. The motion carried on the following 5-0
Roll Call vote:
Commissioner Anton Yes Vice-Mayor Castro Yes
Commissioner Bertino Yes Mayor Jones Yes
Commissioner Flury Yes
4.2 Special Event Request for the La Mesa RV Show to be held at Bass Pro Shops, 200
Gulf Stream Way, on April 10-13, 2008 and May 19-22, 2008
Commissioner Bertino motioned to approve the Special Event request for the La Mesa RV
Shows; seconded by Vice-Mayor Castro. The motion carried on the following 5-0 Roll Call
vote:
Commissioner Anton Yes Vice-Mayor Castro Yes
Commissioner Bertino Yes Mayor Jones Yes
Minutes of Regular Meeting 2
Dania Beach City Commission
Tuesday,March 25,2008—7:00 p.m.
Commissioner Fury Yes
4.3 Special Event Request for the Dania Beach Fire Department Car Wash to benefit
Relay for Life, to be held at 100 N Beach Road on Saturday, April 12, 2008 from
8:00 a.m. —3:00 p.m.
Commissioner Bertino motioned to approve the Special Event request for the Dania Beach
Fire Department Car Wash; seconded by Vice-Mayor Castro. The motion carried on the
following 5-0 Roll Call vote:
Commissioner Anton Yes Vice-Mayor Castro Yes
Commissioner Bertino Yes Mayor Jones Yes
Commissioner Flury Yes
5. Proclamations
5.1 Water Conservation Month—Carole S. Morris, SFWMD
Mayor Jones presented a proclamation declaring April 2008 as Water Conservation Month to
Carole Morris of the South Florida Water Management District.
Ms. Morris thanked the Commission for the proclamation and reminded the community that we
are still under water restrictions.
Mayor Jones introduced Jeremy Earle, Redevelopment Director, to the community.
Jeremy Earle thanked City staff for their warm welcome and smooth transition. He is hopeful
for a positive change within the CRA district.
6. Citizen Comments
William Adamson, 1121 S. Federal Highway, commented on the movie that was filmed in Dania
Beach. He noted a bus bench and sign were moved and a light had been turned off. Mr.
Adamson questioned when the bus bench would be returned to its original location.
City Manager Pato noted he would look into the matter.
George Jason, 4549 SW 37a' Avenue, commented on the Fire Station's Open House on Saturday,
March 29. He noted the CERT Team would be helping with the tours and looking for new
members to join this important program.
Lois Quatrini, 3037 Lakeshore Drive, and Bill Glock, 3100 SW 58a' Place, Estates of Ft.
Lauderdale, thanked the City for intervening on their behalf with a proposed development in the
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Dania Beach City Commission
Tuesday,March 25,2008—7:00 p.m.
City of Hollywood that would directly affect their community. They both asked for continued
support because the matter is not yet resolved.
Fay Bartelmes, 214 SW 2Id Terrace, honored Naomi Cartwright, who was one of the City's
oldest residents. Ms. Cartwright, who was 94 years old, passed away last week.
7. Consent Agenda
7.1 Minutes
Approve minutes from the March 6, 2008 City Commission Workshop
Approve minutes from the March 11, 2008 City Commission Meeting
7.2 Travel Requests:
Request of Daniel Stubbs to attend the Florida Water and Pollution Control Operators Class B
Certification Class to be held in Plant City, Florida, from March 24-28, 2008, for certification
purposes (Estimated cost $1,042, remaining budget $458)
Resolutions
7.3 RESOLUTION #2008-053
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY
OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN DEANNA ENTERPRISES, d/b/a AIA
EMPLOYMENT OF MIAMI AND THE CITY OF DANIA BEACH TO PROVIDE SUMMER RECREATION
PROGRAM STAFFING SERVICES, INCLUDING, BUT NOT LIMITED TO, ADVERTISING,
INTERVIEWING, PROVIDING REQUIRED SCREENING AND TESTING SERVICES, AND REPLACEMENT
OF CANDIDATES, UNDER THE SUPERVISION OF THE CITY OF DANIA BEACH PARKS AND
RECREATION MANAGEMENT FOR AN AMOUNT NOT TO EXCEED $40,000; CONFIRMING THAT
SPECIAL CONDITIONS EXIST IN ORDER TO SECURE SUCH SERVICES WITH DEANNA ENTERPRISES
WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR
CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
7.4 RESOLUTION 42008-054
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO
PURCHASE ADDITIONAL PROPERTY INSURANCE FROM PUBLIC RISK INSURANCE AGENCY
EXPANDING COVERAGE TO INCLUDE FIRE STATION 93; PROVIDING FOR FUNDING; PROVIDING
FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
7.5 RESOLUTION 42008-052
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A FIRST AMENDMENT TO A JOINT
PARTICIPATION AGREEMENT EXISTING BETWEEN THE CITY AND BROWARD COUNTY
PERTAINING TO USE BY CITY RESIDENTS OF BROWARD COUNTY RESIDENTIAL TRASH TRANSFER
STATIONS FOR PRE-HURRICANE RESIDENTIAL YARD WASTE DISPOSAL; PROVIDING FOR
CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Minutes of Regular Meeting 4
Dania Beach City Commission
Tuesday,March 25,2008—7:00 p.m.
7.6 RESOLUTION #2008-050
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A FIRST ADDENDUM TO THE LAW
ENFORCEMENT SERVICE AGREEMENT EXISTING BETWEEN THE CITY AND THE SHERIFF OF
BROWARD COUNTY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
7.7 RESOLUTION #2008-051
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY
OFFICIALS TO EXECUTE AN AMENDMENT TO THE AGREEMENT EXISTING BETWEEN THE CITY OF
DANIA BEACH AND ALVAREZ LANDSCAPING GROUP, INC. SUCH AMENDMENT TO PROVIDE FOR A
$5,000.00 CASH PERFORMANCE BOND; PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN
EFFECTIVE DATE.
7.8 RESOLUTION #2008-055
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA RELATING
TO THE AWARD OF A CONTRACT TO CAPRI INDUSTRIES, INC. FOR SOLAR STREET LIGHTING;
WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS FOR A SUM NOT TO
EXCEED $346,500.00; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
Commissioner Anton motioned to adopt the Consent Agenda; seconded by Commissioner
Bertino. The motion carried on the following 5-0 Roll Call vote:
Commissioner Anton Yes Vice-Mayor Castro Yes
Commissioner Bertino Yes Mayor Jones Yes
Commissioner Flury Yes
8. Bids and Requests for Proposals
There were no proposals at this meeting.
9. Public Hearings and Site Plans
9.1 ORDINANCE 42008-012
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO THE PLAT KNOWN AS
THE "DANIA COLORED CEMETERY PLAT'; RE-NAMING THE PLAT, TO BE KNOWN AS THE "DANIA
BEACH WESTLAWN CEMETERY PLAT"; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY;FURTHER PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING)
City Attorney Ansbro read the title of Ordinance #2008-012.
Mayor Jones opened the Public Hearing. Seeing as there was no one to speak in favor or
opposition, he closed the Public Hearing.
Minutes of Regular Meeting 5
Dania Beach City Commission
Tuesday,March 25,2008—7:00 p.m.
Commissioner Flury motioned to adopt Ordinance #2008-012, on second reading; seconded
by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote:
Commissioner Anton Yes Vice-Mayor Castro Yes
Commissioner Bertino Yes Mayor Jones Yes
Commissioner Flury Yes
9.2 ORDINANCE#2008-009
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
PERTAINING TO ZONING; AMENDING SECTION 8-4 (ENTITLED "SITE PLAN AS CONDITION TO
BUILDING PERMIT") OF THE CITY CODE OF ORDINANCES TO ADD CONDITIONS APPLICABLE TO
THE EXPIRATION OF SITE PLAN APPROVALS AND TO CHANGE THE SPATIAL REQUIREMENTS FOR
BUILDING ADDITIONS WHICH ARE EXEMPT FROM SITE PLAN REVIEW; AMENDING SECTIONS 10.12
("SPECIAL EXCEPTIONS"), 10.13 ("VARIANCES") AND 10.30 ("APPEALS")OF CHAPTER 28,"ZONING",
OF THE CITY CODE OF ORDINANCES TO ADD CONDITIONS APPLICABLE TO THE EXPIRATION OF
SPECIAL EXCEPTIONS, VARIANCES AND APPEALS; CREATING ARTICLE IV-B OF CHAPTER 33,
KNOWN AS THE "ZONING APPENDIX" OF THE CODE OF ORDINANCES, TO GRANT AUTHORITY TO
THE PLANNING AND ZONING BOARD TO APPROVE VARIANCES PERTAINING TO SINGLE-FAMILY
HOMES (EXCLUDING MARINE-RELATED STRUCTURES) AND TO APPROVE BUILDING ADDITIONS
SUBJECT TO CERTAIN RESTRICTIONS, AND PROVIDING FOR EXPIRATION OF APPROVALS OF
VARIANCES, SPECIAL EXCEPTIONS, APPEALS AND SITE PLANS, AS WELL AS EXTENSIONS OF THE
FOREGOING SUBJECT TO CERTAIN LIMITATIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING)
City Attorney Ansbro read the title of Ordinance #2008-009.
Mayor Jones opened the Public Hearing. Seeing as there was no one to speak in favor or
opposition, he closed the Public Hearing.
Commissioner Bertino suggested we may want to expand the allowed uses in the IROM District
which would eventually benefit the City.
Commissioner Anton motioned to adopt Ordinance #2008-009, on second reading;
seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call
vote:
Commissioner Anton Yes Vice-Mayor Castro Yes
Commissioner Bertino Yes Mayor Jones Yes
Commissioner Flury Yes
9.3 ORDINANCE #2008-010
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
PERTAINING TO ZONING; REPEALING ARTICLE 29 (ENTITLED "PERVIOUS AND IMPERVIOUS
AREAS") OF CHAPTER 28, "ZONING", OF THE CITY CODE OF ORDINANCES; CREATING A NEW
ARTICLE 3 TO BE ENTITLED "IMPERVIOUS LAND AREA REQUIREMENTS" TO BE PLACED IN
CHAPTER 33, THE "ZONING APPENDIX" OF THE CITY CODE OF ORDINANCES, TO PRESCRIBE NEW
REGULATIONS GOVERNING PERVIOUS AND IMPERVIOUS AREAS OF LAND WITH THE CITY;
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday,March 25,2008—7:00 p.m.
ESTABLISHING CERTAIN PERCENTAGES OF AREAS OF LAND REQUIRED TO BE PERVIOUS, BASED
UPON ZONING DISTRICTS AND PROVIDING FOR WAIVER OF SUCH REQUIREMENTS UNDER
LIMITED CIRCUMSTANCES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING)
City Attorney Ansbro read the title of Ordinance#2008-010.
Mayor Jones opened the Public Hearing.
Patricia Tyra, 2912 SW 54`h Street, Estates of Fort Lauderdale, questioned if there would be a
charge for the waiver to reduce the pervious area for mobile homes.
City Attorney Ansbro noted there is a charge for the waiver request for any new homes.
Corinne Lajoie, Principal City Planner, clarified for the Commission that mobile home parks are
not exempt from paying for the request. She further noted that during hurricanes we have
allowed the replacement of previous conditions as long as there is proof that the mobile home
was there prior to the disaster.
City Attorney Ansbro noted we would include this exception in the re-write of the Zoning Code.
Seeing as there was no one else to speak in favor or opposition, Mayor Jones closed the Public
Hearing.
Commissioner Anton motioned to adopt Ordinance #2008-010, on second reading, with the
condition to have the Mellgren Group include this provision in the Code re-write; seconded
by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote:
Commissioner Anton Yes Vice-Mayor Castro Yes
Commissioner Bertino Yes Mayor Jones Yes
Commissioner Flury Yes
9.4 ORDINANCE#2008-011
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
PERTAINING TO ZONING; REPEALING SECTION 10-15 (ENTITLED "ADMINISTRATIVE VARIANCE
PROCEDURES") OF CHAPTER 28, "ZONING", OF THE CITY CODE OF ORDINANCES; CREATING A
NEW ARTICLE IV-A TO BE ENTITLED"ADMINISTRATIVE VARIANCE PROCEDURES" TO BE PLACED
IN CHAPTER 33, THE "ZONING APPENDIX" OF THE CITY CODE OF ORDINANCES, TO PRESCRIBE
REVISED CONDITIONS GOVERNING SUCH VARIANCES WHICH ARE GRANTED BY THE DIRECTOR
OF COMMUNITY DEVELOPMENT WITHOUT REVIEW BY THE PLANNING AND ZONING BOARD AND
THE CITY COMMISSION, SUBJECT TO CERTAIN LIMITATIONS; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND
READING)
City Attorney Ansbro read the title of Ordinance#2008-011.
Mayor Jones opened the Public Hearing. Seeing as there was no one to speak in favor or
opposition, he closed the Public Hearing.
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Dania Beach City Commission
Tuesday,March 25,2008—7:00 p.m.
Commissioner Flury motioned to adopt Ordinance#2008-011, on second reading; seconded
by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote:
Commissioner Anton Yes Vice-Mayor Castro Yes
Commissioner Bertino Yes Mayor Jones Yes
Commissioner Flury Yes
9.5 ORDINANCE #2007-016
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE FUTURE LAND USE
PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN IN RESPONSE TO A REQUEST BY FLORIDA
POWER AND LIGHT, TO REDESIGNATE FROM "CONSERVATION" TO "UTILITIES" CERTAIN
PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF SE 5Tn AVENUE, BETWEEN SE 3RD STREET
AND SE 3'TERRACE (301 SE 5T" AVENUE), DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT
"A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.(SECOND
READING FOR RE-ADOPTION
City Attorney Ansbro read the title of Ordinance#2007-016.
Corinne Lajoie, Principal City Planner, advised the applicant is requesting a Future Land Use
Plan Amendment from "Conservation" to "Utilities". The Land Use change was approved by
the City Commission on August 28, 2007; however, at that time the Florida Department of
Community Affairs (FDCA) returned the adopted FPL Land Use change because the City's
Evaluation and Appraisal Report (EAR) was found insufficient. She indicated that now that the
EAR was found sufficient, we are required to have this Ordinance re-adopted.
Mayor Jones opened the Public Hearing. Seeing as there was no one to speak in favor or
opposition, he closed the Public Hearing.
Commissioner Bertino motioned to adopt Ordinance #2007-016, on second reading for re-
adoption; seconded by Commissioner Flury. The motion carried on the following 5-0 Roll
Call vote:
Commissioner Anton Yes Vice-Mayor Castro Yes
Commissioner Bertino Yes Mayor Jones Yes
Commissioner Flury 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.
9.6 RESOLUTION #2008-048
A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED
BY MANSEL AND JAMI JEFFERS FROM THE BROWARD COUNTY ZONING CODE, SECTION 39-275
"YARD ENCROACHMENTS FOR ACCESSORY STRUCTURES", FOR PROPERTY LOCATED AT 4405 SW
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Dania Beach City Commission
Tuesday,March 25,2008—7:00 p.m.
35T" AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
Commissioners Anton and Flury noted they had been at the property location.
City Attorney Ansbro read the title of Resolution#2008-048.
Kristin Dion, City Planner, explained the history of the property. She noted this was a
replacement of a previous dilapidated structure at the same location. Ms. Dion clarified that
there have been no complaints from the adjacent neighbors. The Planning and Zoning Board
recommended approval.
Mayor Jones opened the Public Hearing.
Mr. Mansel Jeffers, property owner, advised the shed was damaged by hurricane Wilma and they
rebuilt it.
Seeing as there was no one else to speak in favor or opposition, Mayor Jones closed the Public
Hearing.
The Commission discussed the construction of a house adjacent to this property which is being
built according to the new FEMA plus One Code and is higher than the other houses in the
neighborhood.
Commissioner Flury noted that the City of Hollywood recently adopted an ordinance regarding
"McMansions". It was suggested that City Manager Pato contact the City of Hollywood for a
copy of that ordinance hoping that it will help us develop a similar one that we could implement
in our City.
Commissioner Bertino motioned to adopt Resolution #2008-048; seconded by
Commissioner Anton. The motion carried on the following 5-0 Roll Call vote:
Commissioner Anton Yes Vice-Mayor Castro Yes
Commissioner Bertino Yes Mayor Jones Yes
Commissioner Flury Yes
9.7 RESOLUTION #2008-049
A RESOLUTION OF THE CITY OF DANIA BEACH,APPROVING THE VARIANCE REQUEST SUBMITTED
BY CLANCY NANAN REPRESENTING PROPERTY OWNERS CLYDE AND VICTORIA NANAN, FROM
CHAPTER 12,ARTICLE III,"HAZARD REDUCTION", SECTION 12-52, FOR PROPERTY LOCATED AT 260
NW 14TH WAY, DANIA BEACH, IN AN AREA ZONED RD-8000 RESIDENTIAL, DANIA BEACH;
PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
City Y Attorne Ansbro read the title of Resolution#2008-049.
Kristin Dion, City Planner, explained the location of the property and advised that the applicant
is requesting a variance to allow the construction of a single family residence with a finished
Minutes of Regular Meeting 9
Dania Beach City Commission
Tuesday,March 25,2008—7:00 p.m.
floor elevation that is 7.2 inches lower than the eight feet required by Code. The spot survey
shows the actual elevation at 7.4 feet, which is below FEMA guidelines. She noted that the
Planning and Zoning Board recommended approval of the request.
Clancy Nanan, owneribuilder, noted the person who poured the slab passed away. He said the
slab currently is higher than his surrounding neighbors and he did not see a need to raise it any
higher. Mr. Nanan introduced two professional surveyors to explain the reasons to leave his
house at its current elevation.
Anthony Gudis, 4747 Hollywood Boulevard, and Louis P. Johnston, both Licensed Surveyors in
the State of Florida,distributed information to the Commission showing Mr. Nanan's house floor
elevation as well as that of the adjoining properties.
Commissioner Flury questioned if we were considering lowering our eight feet requirement to
FEMA level.
Corinne Lajoie, Principal City Planner, confirmed that this matter had already been discussed.
She pointed out that the current FEMA plus One Foot benefits the City by providing a more
favorable insurance rating.
City Attorney Ansbro read a correspondence he received from a professional engineer who
works for FEMA in Tallahassee. He noted that some of the older homes would no longer be
eligible for insurance beginning in May. City Attorney Ansbro pointed out that if we grant more
than one variance it could adversely affect the insurance ratings. He suggested we invite
someone from FEMA to discuss the matter with us.
Ms. Lajoie confirmed that as of May 1, 2008, any house one foot below FEMA may not be
eligible for flood insurance. She noted that the City's Building Official is aware of at least nine
properties that will be affected.
Louis P. Johnston, 9821 N.W. 22"d Street, Pembroke Pines, noted his inspection of the property
showed the foundation would need to be raised by eight inches. In his opinion, he does not
believe the variance would adversely impact the neighborhood.
Commissioner Anton clarified with Ms. Lajoie that the Building Official said that the ceiling
height is nine feet, so if the concrete is added to the slab, it will still allow an eight feet ceiling
height. The window openings would remain unchanged but they would have to modify the
doorways as well as some of the rough plumbing fixtures.
It was the suggestion of the Commission to schedule a Workshop with FEMA representatives, as
well as some elected officials before making a decision.
Commissioner Bertino motioned to continue Resolution #2008-049 until the April 8, 2008,
City Commission meeting at 7:00 p.m.; seconded by Vice-Mayor Castro.
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Dania Beach City Commission
Tuesday, March 25,2008—7:00 p.m.
Mayor Jones opened the Public Hearing. Seeing as there was no one to speak in favor or
opposition, he closed the Public Hearing.
Dominic Orlando, Director of Public Services, suggested that we look at commercial structures
where flooding would not impact the building and make them seven feet plus one inch, and
residential would be seven feet plus one foot. He further noted that by doing this the boating
industry would not be impacted by the increased elevation.
The motion carried on the following 5-0 Roll Call vote:
Commissioner Anton Yes Vice-Mayor Castro Yes
Commissioner Bertino Yes Mayor Jones Yes
Commissioner Flury Yes
10. Commission Comments
10.1 Commissioner Anton
Commissioner Anton noted that we closed on the 109 Park property on Monday, March 24, and
the vacation of Park Street will be discussed later tonight, under Item#11.2.
Commissioner Anton questioned the status of the interlocal agreement with the County relating
to the Library and the agreement with FAU regarding the Marina.
City Attorney Ansbro responded that he is currently working with Broward County on the
interlocal agreement for the Library. He will meet with County officials next week to discuss it
in detail.
City Attorney Ansbro noted the agreement with FAU was sent to the deputy general counsel last
week and he is still awaiting a response. He indicated that the next step would be for City
Manager Pato and Mayor Jones to call FAU President Frank Brogan to ask for an update.
Commissioner Anton noted that he and City Manager Pato met with Frank Brogan some time
ago and he was agreeable to the suggested negotiations.
Commissioner Anton thanked the Public Services Department for cleaning a storm drain in
Melaleuca Gardens.
10.2 Commissioner Bertino
Commissioner Bertino commented on the tax questions that will be added to the ballot in
November. He noted that citizens should be very careful on how they vote and what the impact
could be.
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Dania Beach City Commission
Tuesday,March 25,2008—7:00 p.m.
Commissioner Bertino noted there has been sand migration in Port Everglades and officials are
considering implementing a sand by-pass. He advised Port Everglades will be holding a Public
Hearing meeting on Thursday, April 10 at Hollywood Beach Community Center, 1301 South
Ocean Drive. Commissioner Bertino suggested a City representative attend this meeting which
is of vital importance to our beach.
10.3 Commissioner Flury
Commissioner Flury commented that the Dania Woman's Club has been holding a Flea Market
every Friday for several years in order to raise funds that are used to maintain their building
which sits on City property. She further advised that they were recently cited by the Code
Compliance Division for not having a permit. Commissioner Flury asked the City to waive the
permit requirement. She clarified that the money raised is managed by the Dania Woman's
Club, not the City.
Commissioner Flury motioned to waive the permit requirements for the Dania Woman's
Club weekly Flea Market; seconded by Commissioner Bertino. The motion carried on the
following 5-0 Roll Call vote:
Commissioner Anton Yes Vice-Mayor Castro Yes
Commissioner Bertino Yes Mayor Jones Yes
Commissioner Flury Yes
Commissioner Flury commented on the issue of non-payment of dockage at the Marina, as
reported in the March 19 Marine Advisory Board Minutes.
City Attorney Ansbro noted that the City has a marine collection company that handles
delinquent payments and they should take care of this situation. He will ask Assistant City
Manager Donnelly to report back to the Commission on this issue.
Commissioner Flury asked for a follow-up report on delinquencies and derelict vessels. She
would prefer to have the vessels removed from the Marina when the monthly rent is not duly
paid, and she requested a copy of the City's procedures for delinquent rentals.
Commissioner Flury commented on the project update received from the Public Services
Director on December 10, 2007. She asked to receive a similar follow-up project report every
six months.
10.4 Vice-Mayor Castro
Vice-Mayor Castro welcomed Jeremy Earle as CRA Director and noted the City Commission
would support him in making good things happen for the City.
Vice-Mayor Castro commended Commissioner Anton on his leadership on the acquisition of
the109 Park property.
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Dania Beach City Commission
Tuesday,March 25,2008—7:00 p.m.
Vice-Mayor Castro noted that comments have been made by different community leaders on the
Comprehensive Neighborhood Plan. She advised that the City Attorney is now working on the
Request for Proposals and the proposed contract including the recommendations made by the
Mellgren Group.
Vice-Mayor Castro noted that the code enforcement ride-along with Nick Lupo and Mike
Rinaldi was very helpful. She thanked them for their time, knowledge and valuable information.
Vice-Mayor Castro questioned the length of time for citizens to pay for the 50-50 Sidewalk
Program. She thought we should create a program that gives residents more flexibility for
payment. Vice-Mayor Castro requested that staff find out what payment options other cities
have for this type of program.
10.5 Mayor Jones
Mayor Jones thanked the Parks and Recreation Department for the Easter Egg Hunt. He thought
everyone had a great time.
Mayor Jones commended the Broward Sheriffs Office for helping the residents in the College
Gardens Apartments who were having problems with some undesirable individuals coming to
their apartment complex. They expressed their appreciation to the City for making them feel
safer.
Mayor Jones reported that our Lobbyist, Carole Duncanson, has communicated with the
Commission regarding the issues being discussed in Tallahassee. He indicated that members of
the Commission can contact her with any questions or concerns.
Mayor Jones noted that the "March for Michael" event will be held on Saturday, March 29, at
C.W. Thomas Park beginning at 10:00 a.m. He pointed out this is the first fundraising event to
honor Michael S. Curry, Jr. The proceeds will go to "Smiles are Contagious", an organization
that creates the opportunity to enrich the lives of our children. Mayor Jones further indicated
that the funds will help defray the cost of sending a group of children to camp from June 29-July
5, 2008.
Vice-Mayor Castro commented that people can make donations to "Smiles are Contagious" on-
line, by accessing www.smilesarecontagious.org.
Mayor Jones thought that the Code Compliance Division should be more sensitive to residents in
our City who keep their properties in good shape.
11. Discussion and Possible Action
11.1 Russell Hayson, on behalf of property owner Craig Leonard, is requesting to waive
re-platting required when vacating an easement, for property located at 345 NE 3`d
Avenue—Community Development
Minutes of Regular Meeting 13
Dania Beach City Commission
Tuesday,March 25,2008—7:00 p.m.
Corinne Lajoie, Principal City Planner, noted the request is for a drainage easement that will be
relocated on the property. She clarified that we are only discussing the waiver of the re-platting;
the vacation will eventually come before the Planning and Zoning Board and the City
Commission respectively.
Russell Hayson, Attorney for the applicant, requested the drainage easement be relocated to the
south side of the property. He noted the easement has never been used and added that the Public
Services Department agreed to the request.
Commissioner Anton motioned to approve the Waiver request; seconded by Vice-Mayor
Castro. The motion carried on the following 5-0 Roll Call vote:
Commissioner Anton Yes Vice-Mayor Castro Yes
Commissioner Bertino Yes Mayor Jones Yes
Commissioner Flury Yes
11.2 The City of Dania Beach is requesting to waive the re-platting required when
vacating roadway for property located south of City Hall, 100 W. Dania Beach
Boulevard—Community Development
Corinne Lajoie, Principal City Planner, noted the request is to waive the re-platting to vacate SW
Park Street following the City's recent acquisition of 109 Park.
Commissioner Anton motioned to approve the Waiver request; seconded by Vice-Mayor
Castro. The motion carried on the following 5-0 Roll Call vote:
Commissioner Anton Yes Vice-Mayor Castro Yes
Commissioner Bertino Yes Mayor Jones Yes
Commissioner Flury Yes
12. Appointments
Mayor Jones appointed Albert 011er to the Marine Advisory Board.
Vice-Mayor Castro motioned to approve the Board appointment; seconded by
Commissioner Anton. The motion carried on the following 5-0 Roll Call vote:
Commissioner Anton Yes Vice-Mayor Castro Yes
Commissioner Bertino Yes Mayor Jones Yes
Commissioner Flury Yes
Minutes of Regular Meeting 14
Dania Beach City Commission
Tuesday, March 25,2008—7:00 p.m.
13. Administrative Reports
13.1 City Manager
City Manager Pato thanked the Finance Department for the preparation of the Comprehensive
Annual Financial Report.
City Manager Pato noted that we are no longer considering merging the Fire Department with
BSO because it will not work. He indicated that the Fire Department Union asked to begin
negotiations on the renewal of their Collective Bargaining Agreement. City Manager Pato
further advised that an Executive Session has been scheduled for Tuesday, April 8, 2008 at 6:00
p.m. in the Emergency Operations Center Room.
13.2 City Attorney
City Attorney Ansbro was pleased to report that the issue with Mr. Mermelstein's irrigation
meter has been resolved.
13.3 City Clerk—Reminders
Wednesday, April 2, 2008—6:00 p.m. CRA Board Meeting
Tuesday, April 8, 2008 —7:00 p.m. City Commission Meeting
Tuesday, April 22, 2008 —7:00 p.m. City Commission Meeting
14. Adiourrtment
Mayor Jones adjourned the meeting at 9:35 p.m.
ATTEST: CITY DOFF D/ANNIIA BEACH
LOUISV Ev T LSON, CMC ALBERT C. JONES
CITY CLERK MAYOR-COMMISSI ER
Approved: April 8,2008
Minutes of Regular Meeting 15
Dania Beach City Commission
Tuesday,March 25,2008—7:00 p.m.
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