HomeMy WebLinkAboutNULL (425) MINUTES OF REGULAR MEETING
DANIA BEACH CITY COMMISSION
TUESDAY, APRIL 8, 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
Bishop Howard Rolle, Dania Church of God, gave the invocation followed by the Pledge of
Allegiance to the United States Flag.
3. Roll Call
Present:
Mayor: Albert .Tones
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
There were no presentations at this meeting.
5. Proclamations
5.1 Poppy Day—American Legion Auxiliary Unit 304
Mayor Jones presented a proclamation to Joann Pace, Auxiliary President, American Legion
Auxiliary Unit 304, which proclaims May 24, 2008 as Poppy Day.
5.2 Library Appreciation Month— Friends of the Library
Mayor Jones presented a proclamation to Sandy Mitzel, Friends of the Library, which proclaims
the month of April as Library Appreciation Month.
6. Citizen Comments
Barry Murdock, Bar y's Hess Gas Station, 4155 Griffin Road, noted that the Pentecostal Church
of God has been holding a carwash at his location for years, but was recently told they could no
longer have them. He asked the City to re-consider this citation, since the proceeds are used to
help people with drug and alcohol problems.
City Manager Pato advised this is due to the water restrictions imposed by the South Florida
Water Management District. He offered to meet with Mr. Murdock to discuss the situation in
detail.
Leon Mermelstein, 1055 SE 6`h Avenue, thanked the Commission and City staff for their
assistance in resolving his water meter issue.
George Jason, 4549 SW 37`h Avenue, spoke regarding the CERT Program and was pleased to
report that more residents have joined their team. He noted he heard of some issues with the Fire
Department Union and added that we should support our firefighters.
John Williamson, 4000 SW 76`h Avenue, Davie, Firefighter/Paramedic, and Union representative
for the Dania Beach Fire Department, spoke regarding an adversarial situation that has arisen due
to some comments made by City Manager Palo. The City and the Union have not notified PERC
of position changes since 1976. He asked the Commission for assistance in giving the City
Manager guidance, and to file the necessary papers with PERC in a timely manner.
City Manager Palo responded that he and the City Commission have decided to work with the
Union to solve this problem with PERC. He hoped to have these outstanding matters resolved in
due course.
Mayor Jones noted we hold our firefighters and the Fire Department very highly. He said that
this issue will be worked out by the City and the Union together.
Commissioner Anton noted they discussed the Fire Department Union at the 6:00 p.m. Executive
Session. He said he was disappointed that the Union did not have confidence in the City
Commission and did not give them an opportunity to resolve the issue before bringing such a
large group to the meeting. Commissioner Anton re-assured the Fire Department that the City
Commission is committed to working with the Union to make sure that the PERC decision is
rectified and that no one is affected by the final results.
Commissioner Bertino noted the Commission has stood behind the firefighters 100%. He
reiterated that both the City and the residents of Dania Beach deeply appreciate their job.
Bobbie Grace, 110 NW 8`h Avenue, thanked the City Manager for attending the Purple Tea and
enlightening them on the upcoming 2009 budget. She said that she thinks of the firefighters and
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Tuesday,April 8,2008—7:00 p.m.
law enforcement officers as family. Ms. Grace stated how important it is to support the
firefighters because they save people's lives.
Roxane Knight, 707 NE 9d' Avenue, and Patricia Fuccils, 306 SE 6`h Street, noted they are here
in support of the Fire Department. They asked the City not to take any benefits away from our
firefighters and noted we should all be grateful for what they do for the citizens of Dania Beach.
Dan Reynolds, 1700 NW 66d' Avenue, Plantation, President of Broward County AFL-CIO, and
President of the Federation of Public Employees Union noted this is not an unusual event. He
advised that if the positions are in the contract, PERC will generally agree providing both parties
file a joint petition. Mr. Reynolds did not think this was a difficult issue and hoped it would
soon be resolved.
Charles McElyea, 229 SE 2"d Terrace, noted he has supported the Fire Department for many
years. He recognized their professionalism and asked the City to support their request.
Commissioner Flury noted the Commission met earlier to discuss this issue and made a decision.
The City Manager will meet with the Union to prepare the appropriate documentation and get
this resolved. We all know that we have an outstanding Fire Department. She thanked everyone
for coming and for expressing their support for our Firefighters.
Vice-Mayor Castro explained that sometimes people see things differently, but we need to work
together and leave the baggage at the door. She asked the Union and City staff to meet
tomorrow to try to resolve the PERC issue with a positive attitude.
John Williamson thanked the Commission for listening.
Yolanda Gernant, 2740 SW 46d' Court, expressed her gratitude to our Firefighters.
John Norbinger, 1405 7`h Street, recognized our Firefighters and that we have not had a Fire
Chief for almost one year. Mr. Norbinger suggested we hire a Fire Chief in-house, considering
we have an outstanding Fire Department.
7. Consent Agenda
Items added to Consent Agenda: #7.2 City Manager Travel Request
Items removed from Consent Agenda: #7.2 City Manager Travel Request, and#7.5;
Item #7.2 Travel Request for Jeremy Earle, CRA Director, was continued until April 22, 2008
7.1 Minutes:
Approve Minutes from March 15, 2008 City Commission Workshop
Approve Minutes from March 20, 2008 Abatement Hearing
Approve Minutes from March 25, 2008 City Commission Meeting
7.2 Travel Requests:
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Dania Beach City Commission
Tuesday,April 8,2008—7:00 p.m.
Request of Jeremy Earle, CRA Director, to attend the American Planning Association Annual
Conference and Training in Las Vegas, NV, from April 26, 2008 —May 2, 2008 (Estimated cost
$2,455.50) Continued until April22, 2008
Addendum
Request of Ivan Palo, City Manager, to attend the NCLGS Conference in Napa, CA, from June
12-15, 2008 (Estimated cost $1,272.00, City Manager paying airfare of $500.00; remaining
budget $5,242.00)
Commissioner Flury noted that Dania Beach is not a gaming City and may not be for several
years. She thought this was a waste of time and money.
Commissioner Bertino disagreed with Commissioner Flury. He thought it was important for
City administration to be informed of what is happening in the gaming industry.
Commissioner Bertino motioned to approve the travel request of City Manager Ivan Pato;
seconded by Vice-Mayor Castro.
City Manager Palo noted he met with representatives of Boyd Gaming last week. He advised
they remain committed to moving forward with the Jai Alai Casino project as soon as the issues
in Tallahassee are resolved.
Commissioner Anton suggested waiting until the next NCLGS Conference in January, 2009. He
said that the outcome on the Tax Reform issue should be known by then.
The motion failed on the following 4-1 Roll Call vote:
Commissioner Anton No Vice-Mayor Castro No
Commissioner Bertino Yes Mayor Jones No
Commissioner Flury No
Resolutions
7.3 RESOLUTION #2008-058
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, CONDEMNING THE OCCURRENCE OF
HATE CRIMES WITHIN OUR COMMUNITY AND URGING THE PUBLIC TO EMBRACE THE DIVERSITY
AMONG DANIA BEACH RESIDENTS; SUPPORTING THE EQUAL PROTECTION OF ALL PEOPLE;
PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
7.4 RESOLUTION#2008-060
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO
PURCHASE PLAYGROUND EQUIPMENT FOR CHARLIE WILL THOMAS PARK IN AN AMOUNT NOT
TO EXCEED $99,000.00 FROM CONTRACT CONNECTIONS INC., UNDER THE CITY OF JACKSONVILLE
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CONTRACT BID #SC-0511-06; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
7.5 RESOLUTION #2008-057
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,PROVIDING FOR FUND TRANSFERS AND
APPROPRIATION OF FUNDS FOR FISCAL YEAR 2007-2008 AS A MID-YEAR BUDGET AMENDMENT;
PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution#2008-057.
Commissioner Flury questioned staffs recommendation to eliminate the Griffin Road Corridor
Study in the amount of$100,000.
Patricia Varney, Director of Finance, noted we would postpone the Griffin Road Study at this
time.
Commissioner Flury confirmed with Director Varney that as in previous years, the City will run
the Summer Camp Programs for our children, with a $60,000 savings.
Director Varney clarified for Commissioner Flury that the Reserves for future capital projects
would be reduced by $35,000.
Commissioner Bertino opposed the cancellation of the Griffin Road Corridor Study. He
envisioned this Corridor as a major business area in our community.
Vice-Mayor Castro supported Commissioner Bertino, however she questioned current staff
resources to move forward with the Griffin Road Corridor Study.
City Manager Pato noted we have been aggressively searching for a new Community
Development Director, and will continue looking for a qualified candidate.
The consensus of the Commission was to move forward with the Griffin Road Corridor Study.
Director Varney noted that the Mid-Year Adjustment does not include the budget requested by
the CRA Director in the amount of$261,895.
v
Commissioner Flury noted that some time ago the City started a Disaster Recovery Fund with
$1.5M. We have since received some insurance payments and that Fund has increased to $1.8M.
She suggested we keep the $100,000 for the Griffin Road Corridor Study, and transfer the excess
money from the Disaster Recovery Fund to the operating fund.
Commissioner Flury motioned to adopt Resolution #2008-057, provided we keep the
$100,000 for the Griffin Road Corridor Study; seconded by Commissioner Anton. The
motion carried on the following 5-0 Roll Call vote:
Commissioner Anton Yes Vice-Mayor Castro Yes
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Dania Beach City Commission
Tuesday,April 8,2008—7:00 p.m.
Commissioner Bertino Yes Mayor Jones Yes
Commissioner Flury Yes
Commissioner Anton motioned to adopt the Consent Agenda, with the addition of the City
Manager's travel under Item 47.2, and with the exception of Items #7.2 and #7.5; 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
8.1 RESOLUTION #2008-061
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY
OFFICIALS TO EXECUTE AN AGREEMENT WITH THE MELLGREN PLANNING GROUP, INC. TO
PROVIDE CONSULTING SERVICES TO THE CITY IN CONNECTION WITH THE NEIGHBORHOOD
MASTER PLANS FOR COLLEGE GARDENS, DANIA BEACH HEIGHTS AND SUN GARDEN ISLES, FOR
AN AMOUNT NOT TO EXCEED$145,975.00;PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR
AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution#2008-061.
Commissioner Anton clarified for the record that Vice-Mayor Castro will continue to be the lead
person in connection with the Neighborhood Master Plan process.
Vice-Mayor Castro motioned to adopt Resolution #2008-061; 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
9. Public Hearin¢s and Site Plans
9.1 ORDINANCE#2006-022
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE FUTURE LAND USE
PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN TO ACCOMMODATE A REQUEST MADE BY
LEIGH ROBINSON KERR AND ASSOCIATES, INC., TO REDESIGNATE FROM "COMMUNITY
FACILITIES" TO "MEDIUM DENSITY RESIDENTIAL" (12-13.5 DWELLING UNITS/ACRE) FOR
PROPERTY LOCATED AT 4200 SW 54T" COURT, 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)
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Dania Beach City Commission
Tuesday,April 8,2008—7:00 p.m.
Commissioner Bertino Yes Mayor Jones Yes
Commissioner Flury Yes
Commissioner Anton motioned to adopt the Consent Agenda, with the addition of the City
Manager's travel under Item 47.2, and with the exception of Items #7.2 and #7.5; 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
8.1 RESOLUTION #2008-061
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY
OFFICIALS TO EXECUTE AN AGREEMENT WITH THE MELLGREN PLANNING GROUP, INC. TO
PROVIDE CONSULTING SERVICES TO THE CITY IN CONNECTION WITH THE NEIGHBORHOOD
MASTER PLANS FOR COLLEGE GARDENS, DANIA BEACH HEIGHTS AND SUN GARDEN ISLES, FOR
AN AMOUNT NOT TO EXCEED$145,975.00;PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR
AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution#2008-061.
Commissioner Anton clarified for the record that Vice-Mayor Castro will continue to be the lead
person in connection with the Neighborhood Master Plan process.
Vice-Mayor Castro motioned to adopt Resolution #2008-061; 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
9. Public Hearin¢s and Site Plans
9.1 ORDINANCE#2006-022
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE FUTURE LAND USE
PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN TO ACCOMMODATE A REQUEST MADE BY
LEIGH ROBINSON KERR AND ASSOCIATES, INC., TO REDESIGNATE FROM "COMMUNITY
FACILITIES" TO "MEDIUM DENSITY RESIDENTIAL" (12-13.5 DWELLING UNITS/ACRE) FOR
PROPERTY LOCATED AT 4200 SW 54T" COURT, 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)
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Dania Beach City Commission
Tuesday,April 8,2008—7:00 p.m.
Seeing as there was no one else to speak in favor or opposition, Mayor Jones closed the Public
Hearing.
Commissioner Bertino suggested we continue this item until the next meeting to provide the
neighbors with additional time. Motion died for lack of a second.
Commissioner Flury clarified for the record that she does not want to go above 12 units per acre.
Commissioner Bertino motioned to continue Ordinance #2006-022 until the April 22, 2008
City Commission meeting at 7:00 p.m.; 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 #2008-001
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE DANIA BEACH
COMPREHENSIVE LAND USE PLAN BY ADDING A PUBLIC SCHOOL FACILITIES ELEMENT (PSFE),
AMENDING THE TEXT OF THE FUTURE LAND USE ELEMENT (FLUE), INTERGOVERNMENTAL
COORDINATION ELEMENT(ICE),AND THE CAPITAL IMPROVEMENTS ELEMENT(CIE) IN ORDER TO
INCORPORATE SCHOOL CONCURRENCY PROVISIONS REQUIRED BY FLORIDA STATE STATUTES;
PROVIDING FOR ADOPTION PURSUANT TO SECTION 163.3184, FLORIDA STATUTES; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE. (SECOND READING-ADOPTION STAGE)
City Attorney Ansbro read the title of Ordinance 42008-001.
Leigh Kerr, AICP, Planning Consultant for the City, explained the process. He advised that if
the City fails to adopt the amendments or adopts alternative language not acceptable to the
School Board, the City faces sanctions such as the possible loss of state revenue sharing funds.
Mayor Jones opened the Public Hearing. Seeing as there was no one to speak in favor or
opposition, he closed the Public Hearing.
Vice-Mayor Castro motioned to adopt Ordinance #2008-001, 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#2008-013
AN ORDINANCE OF THE CITY OF DANIA BEACH CITY COMMISSION AMENDING THE CITY OF DANIA
BEACH'S COMPREHENSIVE PLAN TO ADOPT A WATER SUPPLY PLAN BY AMENDING THE TEXT OF
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Dania Beach City Commission
Tuesday,April 8,2008—7:00 p.m.
THE SANITARY SEWER, SOLID WASTE, POTABLE WATER, NATURAL GROUND AQUIFER
RECHARGE ELEMENT (THE "INFRASTRUCTURE ELEMENT"), CONSERVATION ELEMENT,
INTERGOVERNMENTAL COORDINATION ELEMENT, AND CAPITAL IMPROVEMENT ELEMENT;
PROVIDING FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND
ALL OTHER UNITS OF LOCAL GOVERNMENT OR GOVERNMENTAL AGENCIES REQUIRED BY LAW;
PROVIDING FOR ADOPTION PURSUANT TO SECTIONS 163.3184 AND 163.3187, FLORIDA STATUTES;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER PROVIDING FOR AN
EFFECTIVE DATE. (FIRST READING—TRANSMITTAL STAGE)
City Attorney Ansbro read the title of Ordinance #2008-013.
Leigh Kerr, AICP, City Planning Consultant, noted this is required by state statute. He requested
Commission approval for the transmittal of the updated Elements of the Comprehensive Plan for
review and comment by the Florida Department of Community Affairs (DCA).
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 #2008-013, on first reading; 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.
9.4 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 14Tu WAY, DANIA BEACH, IN AN AREA ZONED RD-8000 RESIDENTIAL, DANIA BEACH;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Continued from
March 25,2008)
City Attorney Ansbro read the title of Resolution#2008-049.
Corinne Lajoie, AICP, Principal City Planner, explained the location of the property. She
advised that the Public Services Director/City Engineer recommended that the builder add the
7.2 inches of concrete required to meet the City approved plans. The plans were approved
showing an eight foot finished floor which satisfies the City's requirement of FEMA Plus One
Foot.
Vivian Piereschi, Senior Congressional Aide to Congresswoman Debbie Wasserman Schultz,
noted that a FEMA representative was not able to attend due to budgetary constraints. They did
send a reply to Attorney Ansbro's questions regarding the variance.
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Dania Beach City Commission
Tuesday,April 8,2008—7:00 p.m.
City Attorney Ansbro noted FEMA is willing to meet with us on Monday, May 12, to review the
flood issues and to provide any other technical assistance the City might need. He read the
correspondence that he received from FEMA, which is attached to and incorporated into these
minutes. City Attorney Ansbro stated for the record that if the variance is granted it will affect
everyone's flood insurance rates.
Clancy Nanan, property owner, noted his lender will not give him the extra money necessary to
raise the floor.
Vice-Mayor Castro noted that if the City grants this variance, they would put the whole City in
jeopardy. She thought it would be irresponsible on the part of the Commission to agree to this
request,although they understand Mr. Nanan's predicament.
Mayor Jones opened the Public Hearing. Seeing as there was no one to speak in favor or
opposition, he closed the Public Hearing.
Commissioner Anton motioned to deny Resolution #2008-049; 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
9.5 RESOLUTION #2008-056
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST FOR AN
APPROVAL OF USE (AA-17-08), SUBMITTED BY SUSAN P. MOTLEY, ESQUIRE WITH THE LAW FIRM
OF RUDEN, MCCLOSKY, REPRESENTING HERITAGE-CRYSTAL CLEAN, LLC ("CRYSTAL CLEAN")AS
TENANTS OF PROPERTY OWNERS MILTON J. AND PATRICIA WALLACE AND JOSHUA L. AND
PATRICIA BECKER DB/A PORT EVERGLADES COMMERCIAL TERMINAL, FOR PROPERTY LOCATED
AT 950 ELLER DRIVE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution #2008-056.
Corinne Lajoie, AICP, Principal City Planner, noted the request is to appeal an administrative
decision. She noted the company collects and transports hazardous materials and the County
requires a letter from the City stating that such use is permitted.
Susan P. Motley, Ruden McClosky, Attorney for the applicant, advised the company provides
and picks up cleaning solutions. She noted no combustibles, flammables or corrosives are stored
in the building. None of the waste containers is ever opened, nor are any materials consolidated
on site. Attorney Motley further indicated that the storage trailers, a maximum of two on-site at
any one time, do not remain on site for any more than ten days. She advised that Crystal-Clean
has been in operation since 2005 and their lease expires in April, 2010. Attorney Motley asked
for approval of the request so they can get the zoning conformance letter required by Broward
County.
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Dania Beach City Commission
Tuesday,April 8,2008—7:00 p.m.
Bill Hearn, Regional Manager for Heritage-Crystal Clean, confirmed for Vice-Mayor Castro that
they have not had any safety violations in his region.
Commissioner Bertino did not think we should put our Fire Department at risk by allowing this
company to continue its operation involving dangerous substances. He will not support the
request.
Attorney Motley read two letters received from the Dania Beach Fire Department/Bureau of Fire
Prevention confirming their company was inspected and no fire or life safety violations were
found.
Vice-Mayor Castro thought that we should be more concerned with the hazardous materials
handled by the surrounding companies in Port Everglades, than with this small business.
Commissioner Flury noted that this type of business must deal with their hazardous waste in an
appropriate way. She supported the request.
Mayor Jones clarified with Attorney Motley that this company is under constant scrutiny from
the Florida Department of Environmental Protection and other federal agencies as well.
Attorney Motley pointed out that this type of business arose due to environmental concerns.
Mayor Jones opened the Public Hearing. Seeing as there was no one to speak in favor or
opposition, he closed the Public Hearing.
Vice-Mayor Castro motioned to adopt Resolution 92008-056; seconded by Commissioner
Anton. The motion carried on the following 4-1 Roll Call vote:
Commissioner Anton Yes Vice-Mayor Castro Yes
Commissioner Bertino No Mayor Jones Yes
Commissioner Flury Yes
9.6 RESOLUTION#2008-059
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE DELEGATION
REQUEST SUBMITTED BY JILL COHEN OF MILLER LEGG AND ASSOCIATES ON BEHALF OF THE
PROPERTY OWNER, MARINA MILE PARK OF COMMERCE, LLC, TO CHANGE THE RESTRICTIVE
NOTE ON THE PLAT KNOWN AS THE "ISGETTE'S RUNWAY" PLAT, PREVIOUSLY RECORDED IN
PLAT BOOK 158, PAGE 18, AND GENERALLY LOCATED AT THE EAST SIDE OF SW 30T" AVENUE,
SOUTH OF STATE ROAD 84; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution #2008-059.
Corinne Lajoie, AICP, Principal City Planner, advised that the applicant is requesting an
amendment to an approved plat to allow for offices and a vocational technical school.
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Dania Beach City Commission
Tuesday,April 8,2008-7:00 p.m.
Commissioner Anton asked if a vocational technical school would qualify as a tax-exempt
property. He pointed out that he will not vote on this item unless he has a legal response to his
question.
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 continue Resolution #2008-059 until the April 22, 2008
City Commission meeting at 7:00 p.m.; 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
10. Commission Comments
10.1 Commissioner Anton
Commissioner Anton commented on a very positive letter he received from the residents at
Lagoon Drive, Estates of Fort Lauderdale, regarding the median being built at Lakeshore Drive.
They thanked the Commission and City staff for their efforts in addressing their concerns and
having their problem resolved.
10.2 Commissioner Bertino
Commissioner Bertino commended the Fire Department on their annual Fire Rescue Open House
held March 29. He thought it was a great event for everyone's enjoyment.
Commissioner Bertino commented the "March for Michael" event was fantastic. He hopes it
will continue to grow in the years to come.
Commissioner Bertino asked the Commission if they would like to look at changes and expand
the uses in the IROM zoning district. He thought there was a lot of vacant land that could be
developed and added to the tax roll.
Vice-Mayor Castro agreed to look at possible changes in the IROM zoning district, provided that
we discuss the current acceptable and excluded uses prior to making a decision.
Commissioner Anton thought this was a good opportunity to make changes, while the Mellgren
Planning Group is working on creating one City code.
The consensus of the Commission was to review the IROM zoning district uses.
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Dania Beach City Commission
Tuesday,April 8,2008—7:00 p.m.
10.3 Commissioner Flury
Commissioner Flury commented on the Citizen Survey and asked the City Manager to provide it
to the public.
Commissioner Flury noted she received complaints regarding RV's, boats and cars parked in
front yards. She thought this situation made neighborhoods look unattractive and asked if we
could review the code to specify that only one of these vehicles would be allowed.
Corinne Lajoie, AICP, Principal City Planner, noted the one code review should be completed in
approximately one year. She will add this issue to the list of items for review and bring it to
Michele Mellgren at their meeting on Friday,April 11.
Commissioner Flury suggested we clarify this before the new one code is finalized.
Commissioner Flury questioned the roller rink at Frost Park next to the tiny tot area.
Kristen Jones, Director of Parks and Recreation, noted her first option was to turn it into a multi-
purpose court, but this would bring teenagers to the area. The second option is to remove the
concrete, adding green space, a couple of shelters and some barbecue grills.
It was the consensus of the Commission to start removing the concrete at Frost Park to
implement the second option recommended by Director Jones.
10.4 Vice-Mayor Castro
Vice-Mayor Castro confirmed with City Attorney Ansbro that the Interlocal Agreement with
Broward County regarding the Library is almost complete and a meeting will be scheduled next
week to have it finalized.
Vice-Mayor Castro gave credit to Carole Duncanson, Lobbyist, for her assistance with the
Florida Department of Transportation (FDOT) regarding the reduction of trafficways in the US 1
Corridor. She noted that FDOT agreed to write a letter to support our petition at the Broward
County Planning Council which would eventually help with re-development in the TOD/TOC
area. Vice-Mayor Castro further advised that at the meeting with FDOT they also agreed to
donate the corner of Griffin Road and Interstate-95 to the City. She suggested we could use this
area to place an entryway monument sign with some nice landscaping to welcome visitors to
Dania Beach.
Vice-Mayor Castro noted she has received a lot of compliments from people residing in the SW
4a' Street area regarding the sidewalk work and trees planted in the swales. She commended the
Public Services Department and Chen and Associates for a job well done.
Vice-Mayor Castro advised that she may not be able to attend the April 22 City Commission
meeting, due to personal family matters.
Minutes of Regular Meeting 13
Dania Beach City Commission
Tuesday,April 8,2008—7:00 p.m.
10.5 Mayor Jones
Mayor Jones commented the "March for Michael" event was great and very well attended.
Mayor Jones advised that the American Legion Post 304 Annual Chicken Barbecue will be next
Saturday, April 12, from 2:00- 6:00 p.m.
Mayor Jones noted that the Broward League of Cities requested a Commission appointment to
attend their meetings.
The Commission selected the Mayor as their designee and the Vice-Mayor as the Alternate.
Commissioner Bertino was designated as the second Alternate.
Mayor Jones asked the Public Services Department to look at the drainage issues around C.W.
Thomas Park near Collins Elementary.
Mayor Jones noted he has received complaints regarding the Florida Power and Light overgrown
berm near 6d' Avenue and 3`d Street. He asked staff to look at this problem.
Vice-Mayor Castro questioned who owned the property on the south side of Griffin Road,
between SR 7 (441) and the next four blocks, which has a chain link fence around it. She would
like staff to negotiate with the owner to have something nice done to that piece of property.
Mayor Jones asked for the status of the C.W. Thomas Park pool.
Kristen Jones, Director of Parks and Recreation, advised the grand opening of the C.W. Thomas
Park pool is scheduled for Monday, May 26.
Mayor Jones asked for an update on the proposed SW Community Center.
Dominic Orlando, Director of Public Services, noted he received an updated packet from Camp
Dresser & McKee. He will review it to confirm they have addressed all our comments and will
advertise for bids.
Mayor Jones noted the brochures on Solar Lighting have been distributed. He further read a
r from State Representative Ron Klein commending the City of Dan is Beach for
letter p g Y
implementing the solar lighting system.
Mayor Jones advised that on April 23, 2008, he will be attending a meeting in Tallahassee
regarding the Solar Lighting Program and the possibility of obtaining funding. He further
commented that the City of Lighthouse Point has approached the Florida Department of
Transportation regarding funding for solar lighting. Mayor Jones asked staff to request funding
from FDOT to allow us to spread this energy-saving system throughout our City.
Minutes of Regular Meeting 14
Dania Beach City Commission
Tuesday,April 8,2008—7:00 p.m.
Mayor Jones commented on Local Bill 392 and House Bill 181 which require cities to register
on-line and list every contract they plan to sign, starting in 2009, with a value of$5,000 or more.
He also noted that House Bill 683 and Senate Bill 2148 would change the manner in which local
government performs public construction work and transportation projects. This mandate would
restrict the use of City employees and equipment and would subject transportation projects to
mandatory bidding requirements,
Rose Lizana, Dania Beach Press, reminded everyone of the Relay for Life event to be held at
Frost Park on April 18-19, 2008. She also advised that the Kiwanis Club will be holding their
Golf Tournament on April 26, 2008.
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 we will begin rebroadcasting our City Commission meetings on
Channel 78, starting this Thursday, April 10,at 10:00 a.m.
City Manager Pato advised he plans to have a brief presentation regarding the Citizen Survey at
the April 22, 2008 Commission Meeting. He further noted that the results are also available on
the City's Web Site.
City Manager Pato advised he will be attending meetings in Tallahassee, with the Mayor, on
April 23 and 24, 2008.
13.2 City Attorney
City Attorney Ansbro had no comments.
13.3 City Clerk—Reminders
Thursday, April 10,2008 —6:00 p.m. CRA Board Meeting
Tuesday, April 22, 2008 —7:00 p.m. City Commission Meeting
Wednesday, May 7, 2008—6:00 p.m. CRA Board Meeting
Minutes of Regular Meeting 15
Dania Beach City Commission
Tuesday,April 8,2008—7:00 p.m.
r
14. Adiournment
Mayor Jones adjourned the meeting at 10:06 p.m.
ATTEST: CITY OF DANIA BEACH
_ Ak� if
- -G
LOUISE STILSON, CMC ALBERT C. JON S
CITY CLERK MAYOR-COMMISSIONER
Approved: April 22, 2008
Minutes of Regular Meeting 16
Dania Beach City Commission
Tuesday,April 8,2008—7:00 p.m.
Page 1 of 1
Stilson, Louise
From: Inmula, Prasad [prasad.inmula@dhs.gov]
Sent: Monday,April 07, 2008 5:25 PM
To: Ansbro, Tom
Cc: Castro,Anne; Inmula, Prasad
Subject: RE: City of Dania Beach; FEMA Flood Elevation Requirements
Good afternoon. I have reviewed the information sent by Ms. LouAnn Cunningham last week. I thank you for the opportunity to
review this information. I am sorry that I could not respond sooner as I was out of office last week teaching the NFIP course in
Forsyth, GA. I was unable to open the pdf files on my Blackberry device also.
I am unsure if am looking at the same structure as I was comparing the pictures that the Vice Mayor Castro sent me previously
that showed only the placement of several feet of fill. However, other pictures showed what appeared to be only limited fill with
the slabs(I am assuming the lower slab for garage) and the CMU walls already in place.
I understand that the City Engineer's recommendation is to have an additional 0.6-foot thick slab poured on top of what was
already built to meet the City code(requiring the one-foot free board) as it can still meet the vertical clearance of over 8 feet
between floor and the ceiling. Based on my review of the two pdf documents, I could not see any exceptional hardship that the
applicant presented in the request for a variance, which stated that, s/he did not see any reason to have the slab elevation any
higher. Nor did I see any evaluation of all factors by the City as the code required. Please note that conformance with
neighboring properties and aesthetics are not"sufficient" reasons for issuing a variance.
I also understand that the City already issued another variance, similar to this one, previously. As I mentioned to Vice Mayor
Castro, two variances issued without a justified cause (demonstration of exceptional hardship if the variance was not granted)
would constitute a pattern and practice of issuing unjustified variances and the City may be subject to applicable sanctions.
I have gathered some data and information on the City's participation in the NFIP and the CRS Programs. The City is a
participating community in the regular phase of the NFIP since 15 February 2008 and in the CRS Program since 1 October 1993
at a Class 9 (which provides for a 5% discount in the flood insurance premium for all policyholders in the City, except for those
that have a preferred risk policy). The total number of credits the City has is 574. Recognizing that the participation in the CRS
Program and the NFIP is voluntary, if the City does not intend to enforce the one-foot freeboard requirement uniformly, it is only
fair that it does not receive the corresponding 100 credits under the activity of"higher regulatory standards"for one foot of
freeboard. This would make the total credits applicable for the City as 474,which does not meet the threshold for a Class 9 under
the CRS Program. In other words, the City will retrogress to a Class 10 (that does not offer any discount in the flood insurance
premiums). Overall,this translates to just over$92,000 in the total discount amount(about$18 per policy).
I appreciate the offer to teleconference with the variance proceeding tomorrow. However, I hope you will forgive me for I cannot
accept your offer. Once again, I thank you for your patience and understanding.
Prasad Inmula, Ph.D., PE, CFM
DHS I FEMA Region IV I Atlanta
770-220-5420
From: Ansbro,Tom [mailto:tansbro@ci.dania-beach.fl.us]
Sent: Wednesday, April 02, 2008 4:13 PM
To: Inmula, Prasad
Cc: Piereschi, Vivian
Subject: FW: City of Dania Beach; FEMA Flood Elevation Requirements
Prasad, I hope we can confirm that you can call in to the upcoming City Commission meeting Tuesday night, April 8, about 7 PM,
and can provide your comments, including your thoughts on the effect on others' flood rates, if any, if the variance were to be
granted.
4/10/2008