HomeMy WebLinkAbout2008-11-25 Regular City Commission Meeting Agenda AGENDA
DANIA BEACH CITY COMMISSION
REGULAR MEETING
TUESDAY, NOVEMBER 25, 2008 - 7:00 P.M.
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS
MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE MAY NEED TO ENSURE
THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE
UPON WHICH THE APPEAL IS TO BE BASED.
LOBBYIST REGISTRATION REQUIRED. REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY
PERSON,FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO
ORDINANCE # 01-93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE IN THE ADMINISTRATION
CENTER.
IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN
ANY OF THESE PROCEEDINGS SHOULD CONTACT THE CITY CLERK'S OFFICE, 100 W. DANIA BEACH BOULEVARD,DANIA
BEACH,FL 33004,(954)924-6800 EXTENSION 3624,AT LEAST 48 HOURS PRIOR TO THE MEETING.
IN CONSIDERATION OF OTHERS,WE ASK THAT YOU:
A. PLEASE TURN CELL PHONES OFF,OR PLACE ON VIBRATE. IF YOU MUST MAKE A CALL,PLEASE STEP OUT INTO THE
ATRIUM,IN ORDER NOT TO INTERRUPT THE MEETING.
B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE, PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM. IN
ORDER NOT TO INTERRUPT THE MEETING.
1. CALL TO ORDER/ROLL CALL
2. INVOCATION AND PLEDGE OF ALLEGIANCE
Rev. Eddy J. Moise, Jr., Greater Mount Pleasant AME Church
3. PRESENTATIONS AND SPECIAL EVENT APPROVALS
3.1 Medal of Valor Presentation to Captain Sergio Pellecer from Fire Chief Jack McCartt
and Deputy Fire Chief Michael Cassano
4. PROCLAMATIONS
5. CITIZEN COMMENTS
Addressing the Commission: Comments by Dania Beach citizens, or other interested parties that are not part of the
regular agenda, may be made during each Commission meeting during the period set aside for"citizen comments."
A thirty(30)minute"citizen comments"period shall be designated on the agenda for citizens and interested persons
to speak on matters not scheduled on that day's agenda. Each speaker shall be limited to 3 minutes for his or her
comments. Persons desiring to speak during the citizen comment period shall inform the City Clerk prior to the
beginning of the meeting of their intention to speak. If more than 10 speakers express a desire to speak, the
Commission shall determine, on a meeting by meeting basis, whether to (a) extend the time allotted for citizen
comments to accommodate all speakers, or (b) whether to limit the number of speakers or amount of time per
speaker. A speaker's time shall not be transferable to another speaker.
Dania Beach City Commission
Agenda—November 25, 2008
Page 2 of 4
6. PUBLIC SAFETY REPORTS
7. CONSENT AGENDA
7.1 Minutes:
Approve minutes of November 10, 2008 City Commission Meeting
Approve minutes of November 10, 2008 City Commission Workshop
7.2 Approval of payout of City Manager Ivan Pato's Sick and Vacation accruals
Resolutions
7.3 RESOLUTION#2008-220
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR
APPROPRIATION OF FUNDS FOR FISCAL YEAR 2007-2008; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Ordinances (Titles read by City Attorney)
7.4 ORDINANCE #2008-032
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, CALLING AN
ELECTION ON A PROPOSED AMENDMENT TO THE CITY CHARTER TO BE HELD ON
TUESDAY, MARCH 10, 2009; PROVIDING FOR SUBMISSION TO THE ELECTORS FOR
APPROVAL OR DISAPPROVAL OF A CHARTER AMENDMENT TO PROVIDE FOR THE
ELECTION OF A MAYOR FOR A TWO YEAR TERM AND A VICE MAYOR FOR A ONE
YEAR TERM AT EACH GENERAL ELECTION, BASED UPON OBTAINING THE
RESPECTIVE HIGHEST NUMBER AND SECOND HIGHEST NUMBER OF VOTES OF
ALL COMMISSION CANDIDATES ELECTED, AND PROVIDING FOR SELECTION OF
THE VICE-MAYOR FOR THE SUBSEQUENT ONE YEAR PERIOD BY THE CITY
COMMISSION FROM AMONG ITS MEMBERS; PROVIDING FOR REQUISITE BALLOT
LANGUAGE; PROVIDING FOR PROCEDURE FOR BALLOTING; PROVIDING FOR
NOTICE; PROVIDING FOR RELATED MATTERS; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
(FIRST READING)
7.5 ORDINANCE #2008-033
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA AMENDING PART 11,
ARTICLE 7, SECTION 5 ("MEETINGS, MINUTES AND PROCEDURE") OF THE CITY
Dania Beach City Commission
Agenda—November 25, 2008
Page 3 of 4
CHARTER TO PROVIDE THAT THE CITY COMMISSION MAY HOLD NO MORE THAN
FOUR(4) REGULAR MEETINGS OF THE CITY COMMISSION AT PLACES WITHIN THE
CITY, OTHER THAN AT CITY HALL (100 WEST DANIA BEACH BOULEVARD);
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)
8. BIDS AND REQUESTS FOR PROPOSALS
9. PUBLIC HEARINGS
9.1 ORDINANCE #2008-029
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY
CODE OF ORDINANCES; AMENDING CHAPTER 28 "ZONING," ARTICLE 18
"INDUSTRIAL RESEARCH-OFFICE-MARINE (IROM) DISTRICT," SECTION 18-30
"PROHIBITED USES" IN ORDER TO CORRECT A SCRIVENER'S ERROR CONCERNING
THE REGULATION OF ADULT USES WITHIN THE INDUSTRIAL RESEARCH-OFFICE-
MARINE (IROM) DISTRICT; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND
READING)
9.2 ORDINANCE#2008-031
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY
CODE OF ORDINANCES, TO CREATE SECTION 22.70 TO DESIGNATE THE
"FRONTIER HOTEL OVERLAY DISTRICT"; PROVIDING FOR APPROVAL OF A
SHARED DISTRICT MONUMENT SIGN; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST
READING)
10. DISCUSSION AND POSSIBLE ACTION
10.1 Discussion of water account for 34 SE 14"' Street
10.2 Change City Commission meeting dates for February 10, 2009 and March 10, 2009
(Primary and General Election Dates)
10.3 Consideration of need, if any, for revisions to the Communication Policy
(communications between elected officials and City employees, including Directors)
—Mayor Jones
ADDENDUM
DANIA BEACH CITY COMMISSION
REGULAR MEETING
TUESDAY, NOVEMBER 25, 2008 - 7:00 P.M.
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS
MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE MAY NEED TO ENSURE
THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE
UPON WHICH THE APPEAL IS TO BE BASED.
LOBBYIST REGISTRATION REQUIRED. REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY
PERSON,FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO
ORDINANCE # 01-93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE IN THE ADMINISTRATION
CENTER.
IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN
ANY OF THESE PROCEEDINGS SHOULD CONTACT THE CITY CLERK'S OFFICE, 100 W. DANIA BEACH BOULEVARD,DANIA
BEACH,FL 33004,(954)924-6800 EXTENSION 3624,AT LEAST 48 HOURS PRIOR TO THE MEETING.
IN CONSIDERATION OF OTHERS,WE ASK THAT YOU:
A. PLEASE TURN CELL PHONES OFF,OR PLACE ON VIBRATE. IF YOU MUST MAKE A CALL,PLEASE STEP OUT INTO THE
ATRIUM,IN ORDER NOT TO INTERRUPT THE MEETING.
B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE, PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM, IN
ORDER NOT TO INTERRUPT THE MEETING.
9. PUBLIC HEARINGS
9.3 ORDINANCE #2008-030
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA PERTAINING TO FLOOD
REGULATIONS; AMENDING CHAPTER 12, "FLOOD DAMAGE PREVENTION" OF THE
CITY CODE OF ORDINANCES TO CREATE A DEFINITION FOR THE TERM "MARINA"
(SECTION 12-5, "DEFINITIONS") AND CREATING A SPECIFIC BASE FLOOD
ELEVATION FOR MARINAS (CODE SECTION 12-52 "SPECIFIC STANDARDS");
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING)
CITY OF DANIA BEACH
MEMORANDUM
TO: Mayor and City Commission
CC: Albert C. Jones, Mayor
Ivan Pato, City Manager
Dominic Orlando, Director of Public Service
Phil Reeves, Building Official
Corrine Church-Lajoie, Principal City Planner
LouAnn Patellaro, Planning Inquiries
Louise Stilson, City Clerk
FROM: Thomas J. Ansbro, City Attorney
DATE: October 29, 2008
RE: Proposed Change to City Ordinance Entitled "Flood Damage Prevention"; New
Regulations for "Marinas"
In April, 2005, the City's "Flood Damage Prevention" Ordinance (Chapter 12 of the
City Code of Ordinances) was amended and updated in a number of respects to comply with
suggestions made by FEMA representatives.
One of the principal changes had to do with raising the " lowest floor" requirement
(this includes the lowest floor of the lowest enclosed area for a building, even a basement of a
building, with certain exceptions, such as garages and storage areas). At FEMA's suggestion,
the City raised the requirement so that a new or substantially improved building would have to
be constructed with the lowest floor at least one (1') foot higher than what the Flood
Insurance Rate Map for a particular area would require (usually between four feet and seven
feet above mean sea level).
City staff, including Mayor Albert Jones and City Commissioner Bob Anton, met with
FEMA on September 26, 2008 (all Commissioners were invited and it was a meeting for
which a public meeting notice was given). It was discovered that marinas need not be subject
to the "FEMA plus one (1') foot requirement, if the City chose to amend its flood
ordinances. Since marinas are expected to undergo renovations, including the Banyan Bay
Marina, it was suggested that the City should amend the ordinance, to provide a requirement
that either allows for an elevation to meet only the minimum FEMA requirement, or "FEMA
plus one inch".
A definition has to be created for a "marina", so I drafted a definition which is based
in part upon definitions of marinas in Webster' s Dictionary and dictionaries used by planners.
I expanded it to identify some, but not all, "related uses" of marinas. It was suggested that
the Marine Advisory Board be contacted and I appeared before that Board at its October 15,
2008 meeting. After some suggestions, a definition was prepared to read as follows:
"Marina", for purposes of this Chapter 12 only, means a commercial facility with
access to and in close proximity to navigable waters that provides secure moorings or places
for storage of pleasure boats, commercial vessels, or both, including related uses such as
repair facilities, offices, retail sale of marine supplies, equipment and sundries and restaurants,
but excluding any residential use".
Also, a "FEMA plus one (1") inch" requirement was recommended by the Public
Services Director and there was no objection by the Building Official. The FEMA
representative was also contacted, and he agrees with the revisions.
Therefore, the amendment for marinas is attached and ready for City Commission
consideration (adoption of an ordinance).
2
ORDINANCE NO. 2008-030
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA
PERTAINING TO FLOOD REGULATIONS; AMENDING CHAPTER 12,
"FLOOD DAMAGE PREVENTION" OF THE CITY CODE OF ORDINANCES
TO CREATE A DEFINITION FOR THE TERM "MARINA" (SECTION 12-5,
"DEFINITIONS") AND CREATING A SPECIFIC BASE FLOOD ELEVATION
FOR MARINAS (CODE SECTION 12-52 "SPECIFIC STANDARDS");
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA:
Section 1. That Section 12-5, "Definitions" of the City Code of Ordinances is
amended to read as follows:
• • •
"Manna", for 12=oses of this Chanter 12 only, means a commercial facility with access
to and in close proximity to navigable waters that provides secure moorings or places for
storage of pleasure boats, commercial vessels, or both including related uses such as
repair facilities, offices, retail sale of marine supplies, equipment and sundries and
restaurants,but excluding any residential use".
Section 2. That Section 12-52 of the City Code of Ordinances is amended to read as
follows:
Sec. 12-52. Specific Standards.
In all areas of special flood hazard where base flood elevation data have been provided, as
set forth in section 12-7 or section 12-32 (k), the following provisions are required:
• • •
Section 3. Elevated Buildings Enclosures.
• • •
(6) Marinas. New construction and substantial improvement of any marina shall have the
lowest floor, including basement, elevated no lower than one W') inch above the base flood
elevation as specified on the Flood Insurance Rate Map. Buildings such as dry stack facilities and
other elevated buildings to be constructed or improved are permitted under the provisions of
Section 12-52 (3),below.
Section 4. That if any section, clause, sentence or phrase of this Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 5. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed.
Section 6. That this Ordinance shall be effective immediately at adoption on second
reading.
PASSED on first reading on November 10, 2008.
PASSED AND ADOPTED on second reading on 2008.
ALBERT C. JONES
MAYOR—COMMISSIONER
ATTEST:
LOUISE STILSON,CMC
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
BY:
THOMAS J. ANSBRO
CITY ATTORNEY
2 ORDINANCE#2008-030
Dania Beach City Commission
Agenda— November 25, 2008
Page 4 of 4
10.4 Approve transfer of$20,000 from Contingency to the Human Resource Department
for the engagement of Colin Baenziger & Associates—Finance Director
10.5 Discussion of the Chamber of Commerce Beach Blast Event on January 10, 2009 —
Parks and Recreation Department
11. COMMISSION COMMENTS
11.1 Commissioner Anton
11.2 Commissioner Bertino
11.3 Commissioner Flury
11.4 Vice-Mayor Castro
11.5 Mayor Jones
12. APPOINTMENTS
12.1 Airport Advisory Board (15 Members— 3 per Commissioner—2 Year Term)
Commissioner Anton— 1 appointment
Commissioner Bertino— 1 appointment
Commissioner Flury— 1 appointment
12.2 Human Relations Board (10 Members— 2 per Commissioner—2 Year Term)
Vice-Mayor Castro— 1 appointment
12.3 Marine Advisory Board (15 Members— 3 per Commissioner—2 Year Term)
Mayor Jones— 1 appointment
12.4 Nuisance Abatement Board (5 Regular and 2 Alternate Members — I per
Commissioner—Alternates by entire Commission—2 Year Term)
2 Alternate positions
13. ADMINISTRATIVE REPORTS
13.1 City Manager
13.2 City Attorney
13.3 City Clerk - Reminders
Tuesday, December 9, 2008 — 7:00 p.m. City Commission Meeting
14. ADJOURNMENT
City of Dania Beach
Fire Rescue Department
"Advancing Service Through Caring
To: Fire chief McCartt
From: Deputy Chief Cassano
Date: November 20,2008
Re: Medal of Valor Recipient
Chief McCartt,
I have taken the time to review the lifesaving actions of Dania Beach Fire Rescue Captain, Sergio Pellecer. Captain
Pelleoer was in the area of West Lake Retirement Home in Hollywood,while working as the Engine One Captain when
a 911 II ca was received and dispatched for a general fire alarm. Once on scene, and locating himself at the alarm panel
as proper procedure requires, Captain Pellecer recognized this incident as a working structure fire. In fad, later fire
scene investigations would show that the fire was intentionally set in two separate locations within the building.
Working initially by himself, because Engine One did not have a firefighter assigned, Captain Pellecer promptly
searched the interior of the building for the location of the fire. He aggressively worked with retirement home staff to
immediately vacate all residents,and dosed off heated gases and smoke from penetrating access and egress corridors
so that the elderly could be removed to a safe location outside the fire-ground. His intuitive situational awareness,valor,
and unselfish ad helped save the lives of many.
Captain Pellecer acted in a way that represents true valor.The lifesaving actions prevented an entire wing of the facility
from being charged with smoke and endangering many.At obvious personal risk,Captain Pellecer did what fireman do,
he rushed to save the vulnerable, protected property,and prevented the advancing fire from extending into a retirement
living area.
I would like to congratulate Captain Pellecer for actions above and beyond the call and for valor in the face of adversity.
Michael Cassano, Deputy Fire Chief
0 Page 1
MINUTES OF REGULAR MEETING
DANIA BEACH CITY COMMISSION
MONDAY, NOVEMBER 10, 2008 - 7:00 P.M.
1. Call to Order/Roll Call
Mayor Jones called the meeting to order at 7:00 p.m.
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
2. Invocation and Pledge of Allegiance
Father Roger Holoubek, St. Maurice Catholic Church, gave the invocation followed by the
Pledge of Allegiance to the United States Flag.
3. Presentations and Special Event Approvals
3.1 Executive Search Services Presentations
3.1.1 Colin Baenziger&Associates
Colin Baenziger presented an overview of his agency to the Commission, which is attached to
and incorporated into these minutes. He noted his office is based in Pahn Beach County and he
would be the lead person on this recruitment. Mr. Baenziger stated that they are willing to tailor
their approach to meet the needs of the City and for that purpose they have provided costs for a
full package or some phases of it.
Vice-Mayor Castro questioned how many of the candidates they have selected lasted less than
six months or less than a year in their position.
Mr. Baenziger advised there were no candidates that lasted less than six months. He further
noted that they had about three city managers who lasted less than a year. Mr. Baenziger
explained that they have noticed that city managers who have been in that position for a long
time have difficulty in adapting to a new environment. They are therefore trying to avoid this
type of candidate.
Mayor Jones requested that a military background check also be performed on the applicants.
Commissioner Flury requested a shorter timeframe between the closing date for receiving
applications and the submission of candidates to the Commission.
3.1.2 The Mercer Group, Inc.
Vice-Mayor Castro disclosed that she previously worked with Connie Hoffman.
City Attorney Ansbro confirmed this was not an impediment for Vice-Mayor Castro's
participation.
Connie Hoffman, Senior Vice-President of the Mercer Group, noted that Jim Mercer, President
of the firm, would be the primary person working on this project and she would be working in
conjunction with him. She provided a history of her work experience, including the fact that she
was a City Manager. She stated the Mercer Group has been in business for 30 years, and it is a
credible firm. Ms. Hoffman remarked that a poor selection of a city manager could cost the City
a lot of money; hence the need for an experienced consultant to go through this process. She
indicated that they would bring 5-7 finalists to the City Commission to interview and evaluate.
Ms. Hoffman advised that the timeline is approximately 90 days. Ms. Hoffinan noted that the
fine and Jim Mercer are based out of Atlanta, Georgia.
Commissioner Anton confirmed with Ms. Hoffman that their fee would be $15,000, plus some
out-of-pocket fees, such as advertising, testing, etc., which would not exceed $8,000.
Ms. Hoffinan clarified for the Commission that newspaper advertising is not included in the
above costs.
Mayor Jones requested a military background check be performed on the applicants.
3.1.3 Waters-Oldani Executive Recruitment
Andrea B. Sims, Senior Consultant with the company, noted their firm has been in business for
over 30 years, and it is based in Dallas, Texas. However, they have done a lot of searches for
executive positions in the State of Florida. She explained the selection process and indicated that
they have partnered with other organizations such as ICMA. Ms. Sims advised they are proud of
the diversity of their firm and remarked they have selected women and people of color. They
would bring 3-7 finalists for Commission consideration and would help coordinate the final
process. She pointed out that a City Manager position is not a good choice for someone coming
from the private sector. Ms. Sims advised that the timeline for this process would typically be 80
days from the day the brochure is completed.
Commissioner Anton confirmed with Ms. Sims that the total cost would be approximately
$25,000 and that the prospective candidates' travel would not be included in this price.
Minutes of Regular Meeting 2
Dania Beach City Commission
Monday,November 10,2008—7:00 p.m.
Ms. Sims responded for Mayor Jones that they have not had any litigation during the past three
years.
The Commission concurred they would discuss this issue at the workshop immediately following
tonight's meeting.
4. Proclamations
There were no proclamations at this meeting.
5. Citizen Comments
George Jason, 4549 SW 37`s Avenue, advised the Hard of Hearing free phone equipment
distribution would be in the Atrium at City Hall on Friday, November 21, from 9:00 a.m. — 12:00
p.m. Additionally, he noted that CERT members would be available for anyone needing
assistance.
Adolfo Jimenez, Chairman of the Dania Beach Chamber of Commerce, 102 W. Dania Beach
Boulevard, distributed a package outlining some of the Chamber's achievements and goals. He
also provided an update on some of the functions in which the Chamber is currently involved.
Mr. Jimenez further requested $23,000 in economic development funds to assist the Chamber of
Commerce with future projects.
Mayor Jones recognized the efforts of the Chamber of Commerce to market our City. He
supported the request.
Commissioner Bertino supported the request and clarified that the request is for this budget year,
which started October 1, 2008.
City Manager Pato clarified that with this request and the funds allocated to the Arts and
Antiques Festival, we have very little money left for the remainder of this fiscal year.
Commissioner Bertino motioned to grant the request; seconded by Vice-Mayor Castro.
Vice-Mayor Castro wanted assurance that the Chamber would work together with the Tourism
Council in marketing our City. She also noted that although in the past we had requested pre-
planning funding information from the Chamber in order for the City to contribute with some
expenses, she would agree to waive this requirement at this time.
Mr. Jimenez confirmed that he would be working in conjunction with Joe Van Eron of the
Tourism Council. He also agreed to Vice-Mayor Castro's request for a"pay as you go" expense
arrangement.
Minutes of Regular Meeting 3
Dania Beach City Commission
Monday,November 10,2008—7:00 p.m
Commissioner Flury clarified with Mr. Jimenez that the amount of$23,000 does not include the
pages that are provided in the Chamber directory. She would like this stipulation to be included
in the motion.
Commissioner Bertino noted that he would not amend his motion to include this provision.
Commissioner Anton realized there have been dramatic improvements in the Chamber; however,
he was not prepared to vote on this issue tonight and would prefer to discuss it at the next
meeting. He thought we needed time to review the request, as opposed to hearing it under
Citizen Comments.
Commissioner Anton presented a substitute motion to add this item to the November 25
Commission meeting agenda for discussion by the Commission.
Vice-Mayor Castro asked if, in the meantime, the Commission would approve the amount of
$10,000 to cover the Dania Beach Blast event.
Commissioner Bertino withdrew his motion.
Commissioner Bertino seconded the motion. The motion failed on the following 2-3 Roll
Call vote:
Commissioner Anton Yes Vice-Mayor Castro No
Commissioner Bertino Yes Mayor Jones No
Commissioner Flury No
Commissioner Flury motioned to approve the request; seconded by Commissioner Bertino.
The motion carried on the following 4-1 Roll Call vote:
Commissioner Anton No Vice-Mayor Castro Yes
Commissioner Bertino Yes Mayor Jones Yes
Commissioner Flury Yes
Fabiola Vigio owner of P1ayNation P1aySystems of South Florida, 1946 Tigertail Boulevard, said
they have been established in Dania Beach for about 12 years and they have always displayed
their playground equipment, but they are now being told it is illegal. She noted they cannot
afford an attorney and asked the Commission to settle the issue.
Commissioner Flury and Mayor Jones noted that they met with the representatives of the
company.
Commissioner Flury confirmed with the City Attorney that the display of the equipment is
illegal, even though they have been doing this for 12 years. She questioned why, during these
economic times, we are going after businesses. Commissioner Flury pointed out that if they do
not display the playground equipment they will not have a business anymore.
Minutes of Regular Meeting 4
Dania Beach City Commission
Monday,November 10,2008—7:00 p.m.
City Attorney Ansbro clarified that the display of the playground has always been illegal. He
suggested that he could do a text amendment to the zoning, for this particular use; if the business
leaves the City,the approval is no longer valid.
Commissioner Bertino noted this type of issue should not be discussed under Citizen Comments.
He thought we should place this item on the next agenda to allow some time for the Commission
and staff to look at the details of the case. In the meantime, any code violations should be kept in
abeyance.
City Attorney Ansbro noted he is prepared to draw up a text amendment.
It was the consensus of the Commission to add this item to the November 25 Regular Meeting
agenda for discussion of the proposed text amendment.
City Attorney Ansbro clarified that the amendment would still need to go to the Planning and
Zoning Board for approval.
Jimmy Crimminger, 237 SW 15t' Street, welcomed Frank Schnidman, CRA Advisor.
Limor Arika, 38 SE 14tb Street, advised that she currently owns three rental properties in the
City. She noted that due to the malfunctioning of the toilet, she received an unusual water bill
for property located at 36 SE 14a' Street. Ms. Arika asked the Commission to provide some
relief by recalculating the rate. She was not aware of the running water and accrued a bill for
$1,200. Ms. Arika asked that the bill be recalculated at the lower consumption rate, as opposed
to the higher rate.
The Commission noted that Ms.Arika has made improvements to her property.
Patricia Varney, Director of Finance, advised that she was not aware of the problem. She noted
that if Ms. Arika can document that there was a leak, she could make an adjustment. However,
she cannot adjust the sewer portion of the bill because the water actually went down the sewer.
Dominic Orlando, Director of Public Services, noted that the City actually pays less for more
water used.
Director Varney noted that she will bring this issue back to the next Commission meeting after
she has a chance to review the account. She further advised that they will not shut off the water
until this matter is settled.
Ralph Eddy, 150 SE P Avenue, provided an update on the traffic on his street. He asked if the
City would replace a"No Thru Truck" sign that was knocked down by a truck.
Vice-Mayor Castro noted the City takes care of this type of problem, but the sign needs to be
ordered from Broward County and it may take some time.
Minutes of Regular Meeting 5
Dania Beach City Cormnission
Monday,November 10,2008—7:00 p.m
6. Public Safety Reports
Vice-Mayor Castro wanted to make Chief Peterson aware of a possible drug dealing problem on
70' and J.A. Ely Boulevard. She suggested the people in the area start a COPS program.
Mayor Jones asked for an update on Fire Station#93.
Deputy Chief Mike Cassano noted the ribbon cutting is scheduled for December 20, 2008. He
further advised that there are additional costs that were not included in the CIP.
Mayor Jones thought additional funds had been approved by the Commission.
Deputy Chief Cassano clarified that Fire Chief McCartt provided information costs for furniture,
etc.,but this additional funding was not approved by the Commission at the Workshop.
City Manager Palo clarified that he and the Finance Director met with Chief McCartt and agreed
to the funding for the equipment.
Vice-Mayor Castro clarified that at the October 30 Workshop, the Commission approved
funding from Fire Assessment Fees, General Fund and Fire Reserves.
Patricia Varney, Director of Finance, advised that the Commission approved the purchase of the
fire engine, the rescue unit and the roof repair in the Fire Department. She further noted that
Deputy Chief Cassano is referring to the equipment for Fire Station #93 which amounts to
$129,000. Finance Director Varney pointed out that some of the furniture requested is very
expensive. She noted we do not have the funding to purchase these items and clarified that this
request has nothing to do with the CIP presented at the Workshop.
Discussion followed between the Commission and Finance Director Varney regarding the
funding approved by the Commission and the costs that could be reduced.
Finance Director Varney will provide the Commission with the costs that were approved. She
suggested placing this item on the next Regular Meeting agenda for discussion.
Vice-Mayor Castro would like to see a side-by-side comparison of what was requested by the
Fire Department, and what is recommended by the Finance Department.
Deputy Chief Cassano clarified for the record that there was an error in one of the items
requested and that the correct cost of the printer was $350 and not $3,500. He further noted that
he did go to Nanci Denny for assistance in purchasing the furniture. She provided him the
information and told him to contact the companies directly. Deputy Chief Cassano pointed out
that there is no way we can equip the new Fire Station for $55,000. He remarked he is trying to
make the new Fire Station efficient and inexpensive and something the City can be proud of for
many years.
Minutes of Regular Meeting 6
Dania Beach City Commission
Monday,November 10,2008—7:00 p.m
City Manager Pato complimented Deputy Chief Cassano on the job he has done on Fire Station
#93. He noted that he can provide Deputy Chief Cassano the costs that Chief McCain agreed to.
Commissioner Anton noted the problem is that everything is being piecemealed, and the
Commission does not get an accurate picture. He stressed the fact that we need to stop what is
going on and focus on better planning.
Commissioner Flury stated the City Manager owes Deputy Chief Cassano an apology. She
noted that Chief McCartt is not satisfied with the figures presented by the Finance Director and
the City Manager. Commissioner Flury further told Deputy Chief Cassano that she is grateful
for the time he has put into the new Fire Station and thanked him for his hard work.
Mayor Jones stated that we must have communication between departments. He confirmed that
the documents need to be presented to the Commission so they can make a wise decision on all
City matters.
Vice-Mayor Castro clarified that at the Workshop we approved the truck, the EMS rescue unit
and the roof for Fire Station#1.
Finance Director Varney remarked that her package had the correct information and that the
material provided by the Fire Department was not correct.
7. Consent Agenda
7.1 Minutes
Approve minutes of October 28, 2008 City Commission meeting
Approve minutes of October 30, 2008 City Commission workshop
Resolutions
7.2 RESOLUTION#2008-215
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, SUPPORTING AN AMENDMENT TO THE
FLORIDA CONSTITUTION TO REQUIRE THE FLORIDA LEGISLATURE TO OPERATE UNDER THE
FLORIDA SUNSHINE LAWS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING AN EFFECTIVE
DATE.
7.3 RESOLUTION#2008-216
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, URGING THE LEGISLATURE OF THE
STATE OF FLORIDA TO FULLY FUND AND SUSTAIN BROWARD COUNTY'S TRAFFIC MAGISTRATE
CITATION PROGRAM; IN THE ABSENCE OF FULL FUNDING BY THE LEGISLATURE, URGING THE
BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, THE BROWARD COUNTY CLERK OF
THE COURTS, THE BROWARD SHERIFF'S OFFICE, THE POLICE CHIEFS' ASSOCIATION, ALL
MUNICIPALITIES IN BROWARD COUNTY AND ANY OTHER INTERESTED ENTITY TO
COLLABORATE TO DEVELOP A MECHANISM TO PROVIDE SUFFICIENT FUNDING IN ORDER TO
CONTINUE WITH THE BROWARD COUNTY TRAFFIC MAGISTRATE CITATION PROGRAM; URGING
THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY AND ALL MUNICIPALITIES IN
Minutes of Regular Meeting 7
Dania Beach City Commission
Monday,November 10,2008—7:00 p.m.
BROWARD COUNTY TO CONSIDER IMPOSING A SURCHARGE ON ALL TRAFFIC TICKETS ISSUED
WITHIN THE COUNTY TO ASSIST WITH THE FULL FUNDING OF THE TRAFFIC MAGISTRATE
PROGRAM; URGING THE ABOVE-REFERENCED ENTITIES TO JOIN IN THIS REQUEST FOR FULL
FUNDING OF THE BROWARD COUNTY TRAFFIC MAGISTRATE CITATION PROGRAM; PROVIDING
FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
7.4 RESOLUTION 42008-217
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ESTABLISHING FILING DATES AND
PROVIDING FOR THE CALLING AND HOLDING OF A PRIMARY ELECTION IN THE CITY OF DANIA
BEACH, FLORIDA, ON TUESDAY, FEBRUARY 10, 2009 FOR THE PURPOSE OF NOMINATING CITY
COMMISSIONERS TO BE VOTED UPON AT THE GENERAL ELECTION TO BE HELD ON TUESDAY,
MARCH 10,2009;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
7.5 RESOLUTION#2008-218
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA
AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT ON BEHALF OF THE
CITY WITH DR. BRENDA C. SNIPES, SUPERVISOR OF ELECTIONS OF BROWARD COUNTY, FLORIDA
IN CONNECTION WITH THE SELECTION OF POLL WORKERS FOR CITY ELECTIONS IN 2009;
PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
7.6 RESOLUTION#2008-219
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY
OFFICIALS TO EXTEND THE CONTRACT WITH SUNGARD PUBLIC SECTOR, INC. (FORMERLY HTE,
INC.)AS AN APPLICATION SERVICE PROVIDER UTILIZING THE SUNGARD PUBLIC SECTOR SERVER
AS THE HOST COMPUTER SYSTEMS FOR A PERIOD OF FIVE YEARS; PROVIDING FOR CONFLICTS;
FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
Ordinances (Titles read by City Attorney)
7.7 ORDINANCE#2008-030
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA PERTAINING TO FLOOD REGULATIONS;
AMENDING CHAPTER 12,"FLOOD DAMAGE PREVENTION"OF THE CITY CODE OF ORDINANCES TO
CREATE A DEFINITION FOR THE TERM "MARINA" (SECTION 12-5, "DEFINITIONS") AND CREATING
A SPECIFIC BASE FLOOD ELEVATION FOR MARINAS (CODE SECTION 12-52 "SPECIFIC
STANDARDS'; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)
Commissioner Anton motioned to adopt the Consent Agenda; 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
Minutes of Regular Meeting 8
Dania Beach City Commission
Monday,November 10,2008—7:00 p.m.
8. Bids and Requests for Proposals
There were no proposals at this meeting.
9. Public Hearings and Site Plans
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.
9.1 RESOLUTION#2008-204
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, FOR A FOURTH EXTENSION RELATING
TO THE REQUEST FOR APPROVALS SUBMITTED BY DAVID MANKUTA WITH THE LAW FIRM,
ATKINSON, DINER STONE, MANKUTA & PLOUCHA, P.A., REPRESENTING HOLLYWOOD
INVESTMENTS GROUP, I, LLC, FOR VARIANCE VA-03-06 GRANTED BY RESOLUTION 2006-105;
SPECIAL EXCEPTION USE SE-03-06 GRANTED BY RESOLUTION 2006-106; VACATION VC-03-06
GRANTED BY RESOLUTION 2006-112; AND SITE PLAN REQUEST SP-03-06 GRANTED BY
RESOLUTION 2006-107, FOR THE PROJECT KNOWN AS PIRATES INN/CASA BENI, FOR PROPERTY
GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US 1 AND
NE lsT COURT, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE. (Continued from October 28,2008)
City Attorney Ansbro read the title of Resolution#2008-204.
David Mankuta, attorney for Hollywood Investments Group, noted they have a significant
investment in the property and have every intention to fully realize the project. He noted that as
soon as the economy improves they will move forward with the project, and requested an
extension of time to accomplish their goals.
Jeremy Earle, CRA Director, noted he met with the owner and discussed the project. He
recommended a 6-month extension of the request.
Vice-Mayor Castro provided a history of the ordinance that requires a time limit on
development. She concurred with the CRA Director's recommendation but stated that this
would be her last extension approval.
Commissioner Bertino noted that the economy will not turn around in six months. He suggested
approving the extension for 18 months if we really want to keep the permits in place.
Mayor Jones opened the Public Hearing.
Jimmy Crimminger, 237 SW 15d' Street, noted the Commission has worked hard on this
development. He indicated that unfortunately, the economy determines what we do today. Mr.
Crimminger requested the Commission approve the 6-month extension as recommended by CRA
Director Earle.
Minutes of Regular Meeting 9
Dania Beach City Commission
Monday,November 10,2008—7:00 p.m.
Bob Mikes, 601 NW 7t' Street, noted this is an opportunity for the City to consolidate several
parcels along this block by denying the request. He indicated if the project is built it would be
for an institutional use. Mr. Mikes said the housing economy is not coming back. He pointed
out this is a terrible project and added that we need to get real with this property and build
something realistic.
Seeing as there was no one else to speak in favor or opposition, Mayor Jones closed the Public
Hearing.
Attorney Mankuta clarified that they had a contract buyer and came back to the Commission and
listened to what was suggested. He agreed with Commissioner Bertino and acknowledged that
six months may not be realistic, and requested a reasonable extension of time.
Commissioner Anton agreed to the 6-month extension recommended by CRA Director Earle.
He would not be willing to approve any future extensions for this project.
Commissioner Anton motioned to adopt Resolution #2008-204 for a 6-month extension;
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
9.2 RESOLUTION#2008-205
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VARIANCE REQUEST
SUBMITTED BY SHMAYA WAKS,FOR PROPERTY OWNER ARIEL EDELSBURG OF N&D HOLDINGS,
INC. FOR PROPERTY LOCATED AT 3325 GRIFFIN ROAD, IN THE CITY OF DANIA BEACH, FLORIDA;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Continued from
October 28,2008)
City Attorney Ansbro read the title of Resolution#2008-205.
Corinne Lajoie, AICP, Principal City Planner, provided a history of the property. She explained
the request and noted that if it is approved, we would require the owner to enter into a written
agreement with the City providing that the land that comprises the off-site parking area shall
never be disposed of, except in conjunction with the sale of the building which the parking area
serves, so long as the facilities are required. The agreement shall be terminated by the City if
other off-street parking facilities are provided which meet Code requirements. Ms. Lajoie
indicated that the agreement should be recorded with Broward County, at the applicant's
expense. She also noted that the applicant must obtain a Business Tax License for the operation
of a synagogue. The Planning and Zoning Board recommended denial of the request. Ms.
Lajoie advised that she developed a new parking plan providing 15 parking spaces on the
western portion of the property. She further noted that the applicant provided a letter stating that
he will provide logs or plantings to insure that the vehicles are kept from the residential area.
Minutes of Regular Meeting 10
Dania Beach City Commission
Monday,November 10,2008—7:00 p.m
City Attorney Ansbro clarified that if the request is approved, the Business Tax License would
not be required.
Colin Donnelly, Assistant City Manager, noted that Code Compliance visited the area and
tenants confirmed that parking is difficult during weekends.
Vice-Mayor Castro would like to hear the property owner's opinion regarding parking at the
property. She thought the applicant was also required to put in gravel, if the request was
approved.
Donn Peterson, BSO Chief, reported that over the weekend his officers performed hourly checks,
and most of it was pedestrian traffic. He indicated the vehicles were attributed to other
businesses and not the synagogue.
Mayor Jones indicated that the parking will present a problem in the future, mainly on the low
side of the property. He does not have a problem with parking on the high side. Mayor Jones
thought the Commission agreed that the parking would be gravel. He noted the property owner
should be present at the Commission meeting.
Mayor Jones opened the Public Hearing.
Walter Duke, 609 E. Sheridan Street, agreed the property needed parking. He noted his expertise
in land use. Mr. Duke said that Griffin Road is an internationally known road in the design
industry and we should be very careful on the type of things we approve in this corridor. He
indicated that he spoke to Code regarding the problems on this property, as well as fire rescue
issues regarding accessibility in the event of an emergency. Mr. Duke further addressed the
drainage problem that exists in that shopping center. He indicated that he talked to the property
owner and he is aware that the tenant is petitioning the City for parking. Mr. Duke noted that the
owner has a problem with Code, and said that the owner told him he does not intend to have a
lease with the tenant, and he is requiring the tenant to carry insurance. Mr. Duke did not speak in
favor or opposition of the request, but wanted to make the Commission aware of the issues
involved. He remarked the house foundation is not safe and should be removed. Finally, he
listed a number of conditions that should be included if the request is approved. Mr. Duke
recommended that this be a temporary variance and reviewed on an annual basis. He questioned
why the Temple could not enter into a parking agreement with the Showman's Association.
Seeing as there was no one else to speak in favor or opposition, Mayor Jones closed the Public
Hearing.
Nick Lupo, Code Compliance Manager, confirmed there are code violations on both properties.
He noted he has been in contact with the property owner, and he does not want to deal with the
issue of the Temple. Mr. Lupo clarified for the record that the ownership of the properties is not
the same.
Shmaya Waks, applicant, acknowledged that it is a low lying property, but only the right hand
side of the property floods. He said they do not have a parking problem and thought the
Minutes of Regular Meeting 11
Dania Beach City Commission
Monday,November 10,2008—7:00 p.m.
synagogue should not be penalized for the traffic problems that already exist. Mr. Waks would
like to leave the parking area as grass, and not create an expense for the synagogue unless it is
absolutely necessary. He would agree to pay up to a couple of hundred dollars to gravel the
parking area, but not more. Mr. Waks noted the property owner wants to help them and is not
charging for the land to be used as parking.
Mayor Jones noted this is not the City's problem; it is between the synagogue and the property
owner. He remarked that the owner needs to put the gravel in, not the tenant, and if the owner is
not willing to come to the City, then there is nothing we can do.
City Attorney Ansbro clarified that the synagogue needs parking because it is an assembly use.
Commissioner Bertino indicated that not having gravel in the parking area is a liability, therefore
we should not grant this type of variance. He said the parking lot would have to be gravel and
brought up to a reasonable grade considering it is a dangerous situation. Commissioner Bertino
noted the owner would also need to provide documented permission for the use.
City Attorney Ansbro clarified that the parking must be approved in order for the business to
continue. He noted the Commission could vote separately on the two variances requested.
Ms. Lajoie clarified that the Showman's Association parking is not immediately adjacent to the
property or under the same ownership. Furthermore, staff would need to make sure the parking
available for the Showman's Association is the required parking, or they may not have any
parking to share.
Vice-Mayor Castro was concerned with the code violations on both properties. She noted that
approving this request would be rewarding the property owner by taking care of his problems.
Vice-Mayor Castro will not support this request because the property owner does not want to get
involved in this issue. She suggested the applicant approach the Showman's Association for a
shared parking agreement.
Commissioner Flury suggested Mr. Waks get a written agreement from the Showman's
Association for the use of their parking.
City Attorney Ansbro noted a variance would still need to be approved.
Commissioner Bertino motioned to allow off-site parking within 150 feet; seconded by
Vice-Mayor Castro. The motion carried on the following 4-1 Roll Call vote:
Commissioner Anton No Vice-Mayor Castro Yes
Commissioner Bertino Yes Mayor Jones Yes
Commissioner Flury Yes
Commissioner Bertino motioned for the parking to be gravel and compacted in a safe
manner; seconded by Commissioner Flury. The motion carried on the following 3-2 Roll
Call vote:
Minutes of Regular Meeting 12
Dania Beach City Commission
Monday,November 10,2008—7:00 p.m.
Commissioner Anton No Vice-Mayor Castro No
Commissioner Bertino Yes Mayor Jones Yes
Commissioner Flury Yes
Commissioner Bertino clarified that there should be a written agreement from the landlord that
the approval goes with this type of use as recommended by Ms. Lajoie.
10. Discussion and Possible Action
10.1 Update on Enterprise Zone expansion and boundary adjustments — Assistant City
Manager
Colin Donnelly, Assistant City Manager, noted the City has put forward the City of Miami plan
to use wetlands to expand the enterprise zone. We are looking at the industrial area, south of the
Airport which would link the east and the west zones. He asked for Commission approval on the
preliminary plan before the December 4`h Enterprise Zone Advisory Board meeting.
It was the consensus of the Commission to move forward with the plan presented by staff.
10.2 Discussion— Direction to staff on how to proceed with Election results regarding the
sale of the Boisey Waiters property, Election Date change, and two-year term for
Mayor
City Clerk Stilson clarified that the sale of the Boisey Waiters property was a referendum
question and the other two were straw ballot questions.
City Attorney Ansbro provided the requirements for the sale of the Boisey Waiters property and
noted we must offer it for sale to the public within a period of 60 days after the Election.
Commissioner Flury stated the Commission had no idea that they had to offer to sell the property
within 60 days.
Vice-Mayor Castro noted that the vote was so close that she would prefer to investigate other
options at this time.
Commissioner Bertino suggested listing the property, obtaining a market analysis, and pricing
the property at a high price which would give us the opportunity to decide what is best for the
City.
City Attorney Ansbro clarified that a realtor is not required. He further noted that the last
appraised value was $700,000.
Minutes of Regular Meeting 13
Dania Beach City Commission
Monday,November 10,2008—7:00 p.m
It was the consensus of the Commission for the City Attorney to handle the situation. They
concurred to place a"For Sale by Owner" sign on the property and that all offers will be made to
the City Attorney.
City Attorney Ansbro noted that the Election date change does not need to be done by
referendum, only by ordinance adopted by the Commission. He clarified that this provision
would eliminate the Primary Election, and it would be effective November 2010.
It was the consensus of the Commission to proceed with the preparation of the Ordinance.
City Attorney Ansbro noted that the two year term Mayor requires a referendum vote, and an
ordinance must be adopted before the end of this year in order to meet the deadline for the
Supervisor of Elections to appear on the March 2009 ballot.
It was the consensus of the Commission to move forward with the preparation of the ordinance
to submit the referendum question to the Supervisor of Elections Office.
Addendum
10.3 Discussion — Amending the City Charter to provide that the City Commission may
hold no more than 4 regular meetings of the City Commission at places within the
City, other than at City Hall—Mayor Jones
Commissioner Flury motioned to approve the request made by Mayor Jones, seconded by
Commissioner Bertino. The motion carried unanimously.
It was the consensus of the Commission to proceed with the purchase of the recording equipment
to allow the meetings to be held off-site.
11. Commission Comments
11.1 Commissioner Anton
Commissioner Anton asked if the new sign to be placed at the Melaleuca Gardens entrance was
ordered. He would like to receive some information so the neighbors are aware of what has been
done on this issue.
11.2 Commissioner Bertino
Commissioner Bertino asked the City Attorney to bring forward the Solar Lighting requirement
for new developments, for consideration at the next meeting.
Commissioner Bertino also asked City Attorney Ansbro to create an ordinance requiring all new
construction to have tank-less water heaters.
Minutes of Regular Meeting 14
Dania Beach City Commission
Monday,November 10,2008—7:00 p.m
11.3 Commissioner Flury
Commissioner Flury thought the tree trimming estimate for College Gardens was too high. She
suggested staff get quotes from three companies.
Dominic Orlando, Director of Public Services, noted the estimates were done in-house. He
further indicated that one vendor estimated $30 per tree.
Commissioner Bertino asked why we were not doing this for the entire City, as opposed to just a
specific area.
Commissioner Flury reiterated she would like to see three quotes presented at the next meeting.
Derrick Hankerson, 746 SW 3rd Street, noted that he has a solar water heater and a tank; it is
green, but it has a tank. He hoped that any new ordinance would not preclude anyone from
having this type of system.
11.4 Vice-Mayor Castro
Vice-Mayor Castro asked City Attorney Ansbro to draft an ordinance to create a Green
Committee or Board.
Vice-Mayor Castro noted that the Seniors are planning to have their luncheon at Lorenzo's, and
indicated that she would provide the cost proposal to the Director of Parks and Recreation.
Vice-Mayor Castro asked for an update on foreclosures and abandoned properties.
City Attorney Ansbro noted that he and Code Compliance Manager Nick Lupo will meet with
Attorney Tim Ryan next Wednesday to discuss these issues and report back to the Commission.
Vice-Mayor Castro thought that they should contact Mr. Pearson, who is an expert in this field,
and a Dania Beach resident.
Vice-Mayor Castro would like to hold a Creative Workshop. She commented on the case of
Jason Wenig, who appeared at the October 14, 2008 Commission meeting, requesting
Commission assistance regarding the trucks encroaching his property and destroying his fence.
Vice-Mayor Castro requested that staff to contact Mr. Wenig and tell him there may be a
solution to his problem. She asked if someone had contacted the business owner responsible for
the damage.
BSO Chief Donn Peterson confirmed they met with the other property owner.
City Manager Pato will follow up with Mr. Wenig.
Vice-Mayor Castro advised that a lady who resides at 42"d Terrace was having a yard sale over
the weekend and the Code Compliance Unit took down the signs. She would like Commission
Minutes of Regular Meeting 15
Dania Beach City Commission
Monday,November 10,2008—7:00 p.rn.
approval to modify the ordinance for yard sale signs and suggested a requirement to post a sign
bond for $25. Vice-Mayor Castro thought we should try to help residents with the current
economy.
11.5 Mayor Jones
Mayor Jones said that as a member of the Water Task Force for the County, he attended their
tour of Pompano Beach and West Palm Beach. He noted that Pompano Beach has the oldest
reclamation plant in Broward County. Mayor Jones explained that this plant ties into the outfall
for waste into the ocean and they reuse the water for parks and golf courses, and some residents
buy the water for $0.72 per thousand gallons. He thought we might look at this option in the
future.
Mayor Jones advised he attended the College Gardens Neighborhood Association meeting and
they expressed their concerns regarding loitering during early morning hours. He asked BSO
Chief Peterson to look into the matter.
Mayor Jones noted that the WLRN meeting will be held in the upstairs Conference Room at City
Hall on Thursday,November 13 at noon.
Mayor Jones noted that the Martin Luther King, Jr., Committee meeting will be held tomorrow,
November 12 at 7:00 p.m. at C.W. Thomas Park.
Mayor Jones noted that Memorial Healthcare System submitted a letter to the City requesting our
participation in supporting their fundraising event for the Joe DiMaggio Children's Hospital. He
advised the cost for joining is $1,500 and asked the Commission if they would be interested in
sponsoring this event.
Vice-Mayor Castro noted she attended the event last year. She questioned if the tickets could be
used in a positive way, such as a performance type incentive program for City boards.
City Manager Pato pointed out that we have no Bus Bench money left. He noted that fundraising
is tough in this economy and contributions would have to be reduced.
Commissioner Bertino thought it was more appropriate for the City to send letters to
organizations requesting their support for this good cause, however, we should not be expending
taxpayer money at this time.
12. AAvpointments
Mayor Jones suggested Vanessa Gilyard as Commissioner Bertino's appointment to the Grant
Advisory Board.
Commissioner Anton motioned to approve the Board appointment; seconded by
Commissioner Bertino. The motion carried unanimously.
Minutes of Regular Meeting 16
Dania Beach City Commission
Monday,November 10,2008—7:00 p.m.
13. Administrative Reports
13.1 City Manager
City Manager Pato provided a copy of the report requested by the Commission for the Fire
Department. He pointed out that this is the information that he and Fire Chief McCartt agreed to
fund on November 3, 2008.
Patricia Varney, Director of Finance, noted that she advised the Commission that the City
Attorney's budget would be overdrawn because of the Airport attorneys' costs. She advised that
after closing the books it showed that it was $120,000 short. The Commission originally advised
to take any funds needed from the Airport Reserve Fund. Director Varney wanted to clarify this
before doing as the Commission directed.
Commissioner Anton advised to keep the $500,000 in tact. He thought it would be a mistake to
reduce any funds now,because we may have to face some legal challenges.
13.2 City Attorney
City Attorney Ansbro had no comments.
13.3 City Clerk -Reminders
Thursday, November 20, 2008 —6:00 p.m. Abatement Hearing
Tuesday,November 25, 2008 —7:00 p.m. City Commission Meeting
Tuesday, December 9, 2008—7:00 p.m. City Commission Meeting
14. Adjournment
Mayor Jones adjourned the meeting at 10:20 p.m.
ATTEST: CITY OF DANIA BEACH
LOUISE STILSON, CMC ALBERT C. JONES
CITY CLERK MAYOR-COMMISSIONER
Minutes of Regular Meeting 17
Dania Beach City Commission
Monday,November 10,2008—7:00 p.m.
MINUTES OF WORKSHOP ,071
DANIA BEACH CITY COMMISSION
CITY MANAGER SEARCH
MONDAY, NOVEMBER 10, 2008
IMMEDIATELY FOLLOWING THE CITY COMMISSION MEETING
1. Call to Order
Mayor Jones called the Workshop to order at 10:20 p.m.
2. 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
3. Discussion—Conducting the search for the next City Manager—How to proceed
Commissioner Flury ranked Colin Baenziger & Associates #1, because they are the only
company that has recent city manager recruitments. She noted they are a Florida company
therefore travel expenses would probably be less than any of the others. Commissioner Flury
further stated that she was not pleased with The Mercer Group presentation and added that they
do not have much experience in the municipal area. As regards Waters-Oldani, she indicated
they are from out of state and travel expenses would be very high.
The Commission concurred that Colin Baenziger&Associates was the top ranked firm.
Mayor Jones confirmed with Mr. Baenziger that they would not object to include the military
background check in the selection process. He further questioned the number of women they
have placed in executive positions.
Colin Baenziger noted he did not have the exact number, but said that they have placed some
women in City Manager positions in Broward County. He asked the Commission what type of
services the City would like.
Commissioner Flury noted the City Attorney should be the primary contact person. She
remarked that the City Manager and Human Resources/Risk Management Director should not be
involved in any way. Commissioner Flury stressed the importance of meeting the deadline for
the interview process and would like Mr. Baenziger to start as soon as possible.
Commissioner Bertino noted if we want them to prepare a full package, the cost would be a flat
fee of$20,000, and negotiations would be almost free.
The Commission generally agreed that they would not object to Colin Baenziger and Associates
asking questions of staff which would assist them in the selection process.
Mr. Baenziger responded for Commissioner Bertino that typically the managers they hire work
with the current staff.
Vice-Mayor Castro motioned to contract with Colin Baenziger and Associates for the City
Manager search process; 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
4. Adioutnment
Mayor Jones adjourned the Workshop at 10:29 p.m.
ATTEST: CITY OF DANIA BEACH
LOUISE STILSON, CMC ALBERT C. JONES
CITY CLERK MAYOR-COMMISSIONER
Minutes of Workshop 2
Dania Beach City Commission
City Manager Search
Monday,November 10,2008
CITY OF DANIA BEACH
DEPARTMENT OF FINANCE
MEMORANDUM
TO: Mayor & Commissioners Memo: DF-08-33
VIA: Ivan Pato, City Manager
FROM: Patricia Varney, Director of Finance
DATE: November 17, 2008
SUBJECT: Approval of payout of sick and vacation accrual
The attached spreadsheet indicates the number hours of sick and vacation accruals that
the City Manager will have as of December 19, 2008 for pay period ending December
12, 2008. The next pay check would be for period ending December 26, 2008, the
check date for that pay period would be issued after the first of the year on January 2,
2009.
The calculation indicates that the projected accrual as of December 12t" will reflect
356.9 vacation hours and 496 sick hours. The payout amount is $59,949.57. The City
Manager compensation is already capped out for social security tax in 2008, by paying
out the accruals at the December 19th check date the City will benefit by saving
$3,716.87 in employer's match of the social security tax. The accruals from December
13, 2008 thru April 30, 2009 will be paid out at May 8, 2009.
At the October 14th Commission meeting the City Commission agreed that the City
Manager will continue to maintain his present salary and benefits and accrue sick and
vacation hours at his present rate through his retirement date effective April 30, 2009,
and that the City Manager will continue to receive a paycheck every two weeks until the
last check at May 8, 2009.
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V U Y 6
V > U H
CITY OF DANIA BEACH Agenda Item # /.
Agenda Request Item
Date of Commission Meeting: 11-25-2008 Public Hearing ❑
Adopt Resolution ❑X Adopt Ordinance(I at Reading) ❑ Adopt Ordinance (2nd Reading) ❑
Award Bid/RFP ❑ Presentation ❑ Continued from:
Amend FY 2008 Legal Department Budget
I , Z
, m
To avoid department overspending which will be needed to be stated in the City's financial statement.
MAN-
Dept: Acct#: Amt:
Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑
The airport expansion related legal expenses exceeded the FY 2008 budget by$120,361. In a late October meeting,
pursuant to Resolution 2008-169, the Commission approved the shortfall to be funded from the designated fund balance
for"airport related issues". At the November 10th meeting, the Commission wanted to maintain the airport fund balance
at$500,000, therefore, the funding for the shortfall has to be funded from the contingency fund.
According to Florida Statute 166.241 (3)the City can amend the budget within 60 days from the end of the fiscal year.
This amendment will avoid the Legal Department from experiencing an overspending of its departmental budget.
I
.. _._ .1,
v
Resolution
_Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8
Submitted by
Patricia Varney Date 11/16/08
Department Director
Date
Assistant City Manager
Date
HR Director
Date
Finance Director
Patricia Vamey Date 11/16/08
City Attorney
Thomas J. Ansbro Date 11/17/08
City Manager
Ivan Pato Date 11/17/08
User Creating Item Item Name (do not use/or\in name)
Patty Varney Year-end budget amendment
Commission Action:
Approved: ❑ Denied: 7 Continued to: ❑
RESOLUTION NO. 2008-220
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING
FOR APPROPRIATION OF FUNDS FOR FISCAL YEAR 2007-2008;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Dania Beach approved a budget for fiscal
year 2007-2008 in September, 2007; and
WHEREAS, the City received an additional distribution of Florida Statute, Chapter 175
premium tax in the amount of $61,819.12 on October 10, 2008, which is to be deposited to the
Police and Fire Pension Fund for fiscal year 2008; and
WHEREAS, according to GASB Statement 24, these amounts have to be recognized in the
General Fund financial statements; and
WHEREAS, consultant and legal services for airport related issues have exceeded the
original budget, necessitating an appropriation of funds; and
WHEREAS, the Commission decided to maintain the fund balance for the "airport legal
issues" at $500,000; and
WHEREAS,Florida Statute 166.241 (3) allows the City to amend the budget within 60 days
of the close of the fiscal year to avoid any overspending of budgeted funds;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the Director of Finance is authorized to amend the budget accordingly in
the General Fund for the distribution of the Florida Statutes, Chapter 175 premium tax.
Section 2. That the Director of Finance is authorized to appropriate S120,362.00 from
the "contingency" fund and transfer it to the Legal Department budget to cover additional costs
incurred related to airport legal issues.
Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are
repealed to the extent of such conflict.
Section 4. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on 2008.
ALBERT C. JONES
MAYOR-COMMISSIONER
ATTEST:
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
BY:
THOMAS J. ANSBRO
CITY ATTORNEY
2 RESOLUTION#2008-220
V�- 7 �
ORDINANCE NO. 2008-032
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, CALLING
AN ELECTION ON A PROPOSED AMENDMENT TO THE CITY CHARTER
TO BE HELD ON TUESDAY, MARCH 10, 2009; PROVIDING FOR
SUBMISSION TO THE ELECTORS FOR APPROVAL OR DISAPPROVAL
OF A CHARTER AMENDMENT TO PROVIDE FOR THE ELECTION OF A
MAYOR FOR A TWO YEAR TERM AND A VICE MAYOR FOR A ONE
YEAR TERM AT EACH GENERAL ELECTION, BASED UPON OBTAINING
THE RESPECTIVE HIGHEST NUMBER AND SECOND HIGHEST NUMBER
OF VOTES OF ALL COMMISSION CANDIDATES ELECTED, AND
PROVIDING FOR SELECTION OF THE VICE-MAYOR FOR THE
SUBSEQUENT ONE YEAR PERIOD BY THE CITY COMMISSION FROM
AMONG ITS MEMBERS; PROVIDING FOR REQUISITE BALLOT
LANGUAGE; PROVIDING FOR PROCEDURE FOR BALLOTING;
PROVIDING FOR NOTICE; PROVIDING FOR RELATED MATTERS;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 166.031, Florida Statutes, and following City
Commission review and action upon the "straw vote"taken at the City election at the November
4, 2008 general election, the City Commission has caused the final drafting and preparation of a
proposed amendment to the City Charter for submission to the electors of the City; and
WHEREAS, the City Commission desires to submit the proposed Charter amendment to
the electors of the City;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH,FLORIDA,AS FOLLOWS:
Section 1. Election Called. That an election is called for Tuesday, March 10, 2009,
to present to the electors of the City of Dania Beach (the "City") the ballot question provided in
Section 4 of this Ordinance.
Section 2. Vote At Polls. That balloting shall be conducted between the hours of
7:00 a.m. and 7:00 p.m. at the regular polling places for City elections or as otherwise provided
by the Broward County Supervisor of Elections in accordance with applicable law. All qualified
electors residing within the City who are timely registered shall be entitled to vote. Early voting
may be provided as authorized by law.
Section 3. Notice. That notice of the election shall be published in accordance with
Section 100.342, Florida Statutes, in a newspaper of general circulation within the City at least
thirty (30) days prior to the election, the first publication to be in the fifth week prior to the
election, and the second publication to be in the third week prior to the election, and shall be in
substantially the following form:
"NOTICE OF ELECTION"
PUBLIC NOTICE IS GIVEN THAT PURSUANT TO AN
ENABLING ORDINANCE DULY ADOPTED BY THE CITY
COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA (THE "CITY"), AN ELECTION HAS BEEN
CALLED AND ORDERED TO BE HELD WITHIN THE CITY
ON TUESDAY, MARCH 10, 2009, BETWEEN THE HOURS
OF 7:00 AM AND 7:00 PM, AT WHICH TIME THE
FOLLOWING CHARTER AMENDMENT PROPOSITION
SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS
OF THE CITY.
There is one (1) proposed amendment to the City Charter, which
proposal is commonly referred to by the following ballot title:
1. Election of Mayor for Two Year Term and Selection Process for
Vice—Mayor
The City Charter provides that the Commission candidates receiving
the most votes be designated as Mayor and Vice-Mayor respectively
for one year, with Vice-Mayor subsequently being elevated to
Mayor.
Shall the Charter be amended to provide that the Commission
candidate receiving the most votes shall serve as Mayor for two
years, the candidate receiving the second most votes shall serve as
Vice-Mayor for one year to be subsequently succeeded by any
commissioner selected by the Commission?
2 ORDINANCE#2008-032
Yes_
No
Polling place information, as well as the full text of the proposed
City Charter amendments and the enabling ordinance for this
election, are available at the Office of the City Clerk, located at 100
West Dania Beach Boulevard,Dania Beach, FL 33004.
Contact: Louise Stilson, City Clerk
The City Clerk may combine this Notice of Election with other Notices of Election for any other
Charter amendments.
Section 4. Form of Ballot. That the form of ballot for the proposed Charter
amendment shall be as follows:
ELECTION OF MAYOR FOR TWO YEAR TERM AND
SELECTION PROCESS FOR VICE—MAYOR
1. Election of Mayor for Two Year Term and Selection Process for Vice—Mayor
The City Charter provides that the two Commission candidates receiving the most votes
be designated as Mayor and Vice-Mayor respectively for one year, with Vice-Mayor being
elevated to Mayor.
Shall the Charter be amended to provide that the Commission candidate receiving the
most votes shall serve as Mayor for two years, the candidate receiving the second most votes
shall serve as Vice-Mayor for one year to be succeeded by any commissioner selected by the
Commission?
Yes_
No
Section 5. Charter Amended by Replacing Certain Provisions. That the
following provisions are proposed to be established in the City Charter pursuant to approval of
the electorate. These provisions will replace current, similar Charter provisions, but provide for
revised procedures, new procedures or both.
a) Section 5 of the current City Charter entitled "Election of Mayor and Vice-
Mayor", of Article 1 entitled "City Commission", of Part II, entitled "Legislative Branch and
3 ORDINANCE#2008-032
Legislation", a copy of which Section is attached, marked Exhibit "A" and incorporated by this
reference, is repealed, and in its place, a new Section 5, entitled "Election of Mayor and Vice-
Mayor"is adopted. Such new Section 5 shall read as follows:
"Sec. 5. Election of Mayor and Vice-Mayor.
At the organizational meeting of the city commission to be held on Tuesday following the
municipal election, and at each biennial organizational meeting held every two years thereafter,
the city commission candidate receiving the highest number of votes in such election shall
become mayor for a term of two years. The candidate receiving the second highest number of
votes shall become the vice-mayor for a term of one year. After the one year passes, a vice-
mayor will be selected by the city commission from among its members and he or she shall serve
until the next biennial organizational meeting. A commissioner may be selected to serve as vice-
mayor for successive periods. Any vacancy in the office of mayor or vice-mayor shall be filled
by a vote of the city commission."
Section 6. Registration. That the County registration books shall remain open at the
office of the Broward County Supervisor of Elections until February 9, 2009, at which date the
registration books shall close in accordance with the provisions of the general election laws.
Section 7. Implementation. That the City Clerk, with any necessary assistance and
services from the Broward County Supervisor of Elections, is authorized to take all appropriate
actions necessary to carry into effect and accomplish the provisions of this Ordinance.
Section 8. Procedure; Returns. That the election returns shall be canvassed by the
Broward County Canvassing Board as required by law.
Section 9. Copies Available. That copies of this Ordinance proposing the Charter
amendments are on file in the office of the City Clerk located at 100 West Dania Beach
Boulevard, Dania Beach, Florida 33004, and are available for public inspection during regular
business hours.
Section 10. Result of Balloting. That if a majority of the qualifying electors voting
on the proposed Charter amendment vote for its adoption, it shall be considered adopted and
effective upon certification of the election results.
4 ORDINANCE#2008-032
Section 11. Application of Amendments. That the Charter amendment which is
adopted by the electors shall be applied prospectively only unless otherwise stated by the Charter
text. Further, the Charter amendment shall not impair the existing term of office of any
Commissioners.
Section 12. Effective Date. That this Ordinance shall become effective immediately
upon adoption.
PASSED on first reading on 2008.
PASSED AND ADOPTED on second reading on 2008.
ALBERT C. JONES
MAYOR-COMMISSIONER
ATTEST:
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
BY:
THOMAS J. ANSBRO
CITY ATTORNEY
5 ORDINANCE#2008-032
EXHIBIT "A"
Sec. 5. Election of Mayor and Vice-Mayor.
At the organizational meeting of the city commission to be held on Tuesday following the
municipal election, and at each biennial organizational meeting held every two (2) years
thereafter, the city commission candidate receiving the highest number of votes in said election
shall become mayor for a term of one year. The candidate receiving the second highest number
of votes shall become the vice mayor for a term of one year, and shall automatically be elevated
to the position of mayor after his one year term as vice mayor and shall serve as mayor until his
successor is duly elected at the next biennial organizational meeting. At the commission meeting
at which the vice mayor is elevated to mayor, a vice-mayor will be elected by the city
commission and he or she shall serve until the next biennial organizational meeting. Any
vacancy in the office of mayor or vice-mayor shall be filled by a vote of the city commission.
(Sp. Acts, Ch. 67-1262, §2; Ord. No. 13-91, § 1, 4-9-91; Ord. No. 03-93, § 2, 1-26-93)
6 ORDINANCE#2008-032
NOTICE OF HEARING BEFORE CITY COMMISSION
CITY OF DANIA BEACH,FLORIDA,REGARDING
ADOPTION OF THE FOLLOWING PROPOSED ORDINANCE
NOTICE IS GIVEN that the City Commission of the City of Dania Beach, Florida, on December
9, 2008, at 7:00 p.m. or as soon thereafter as the matter may be heard, will conduct a public
hearing in the City Commission Chambers of the Dania Beach City Hall, 100 West Dania Beach
Boulevard, Dania Beach, Florida to consider the proposed adoption of the following Ordinance
entitled:
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA,
CALLING AN ELECTION ON A PROPOSED AMENDMENT TO THE
CITY CHARTER TO BE HELD ON TUESDAY, MARCH 10, 2009;
PROVIDING FOR SUBMISSION TO THE ELECTORS FOR APPROVAL
OR DISAPPROVAL OF A CHARTER AMENDMENT TO PROVIDE FOR
THE ELECTION OF A MAYOR FOR A TWO YEAR TERM AND A VICE
MAYOR FOR A ONE YEAR TERM AT EACH GENERAL ELECTION,
BASED UPON OBTAINING THE RESPECTIVE HIGHEST NUMBER
AND SECOND HIGHEST NUMBER OF VOTES OF ALL COMMISSION
CANDIDATES ELECTED , AND PROVIDING FOR SELECTION OF THE
VICE-MAYOR FOR THE SUBSEQUENT ONE YEAR PERIOD BY THE
CITY COMMISSION FROM AMONG ITS MEMBERS; PROVIDING FOR
REQUISITE BALLOT LANGUAGE; PROVIDING FOR PROCEDURE
FOR BALLOTING; PROVIDING FOR NOTICE; PROVIDING FOR
RELATED MATTERS; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
Copies of the proposed Ordinance are on file in the Office of the City Clerk, City Hall, 100 West
Dania Beach Boulevard, Dania Beach, Florida, and may be inspected by the public during
normal working hours.
Interested parties may appear at the aforesaid meeting and be heard with respect to the proposed
ordinance. Any person who decides to appeal any decision made by the City Commission with
respect to any matter considered at this hearing will need a record of the proceedings and for
such purpose may need to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is to be based.
In accordance with the American with Disabilities Act, persons needing assistance to participate
in any of the proceedings should contact Louise Stilson, City Clerk, 100 West Dania Beach
Boulevard, Dania Beach, Florida 33004, (954)924-6800 ext. 3624 at least 48 hours prior to the
meeting.
LOUISE STILSON, CMC
CITY CLERK
7 ORDINANCE#2008-032
71:r
CITY OF DANIA BEACH
MEMORANDUM
TO: Mayor and City Commission
CC: Ivan Pato, City Manager
Louise Stilson, City Clerk
FROM: Thomas J. Ansbro, City Attorney
DATE: November 13, 2008
RE: Proposed Charter Amendment to allow Off-Site Regular
City Commission Meetings
As briefly discussed and conceptually approved at the November 10, 2008 City
Commission meeting, attached is an Ordinance which would amend the City Charter to
provide that no more than four (4) City Commission meetings could be held at locations within
the City other than City Hall, as sponsored by Mayor Jones.
This type of Charter amendment does not need a referendum amendment. The
Ordinance is ready for adoption at first reading.
Attachment
ORDINANCE NO. 2008-033
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA
AMENDING PART II, ARTICLE 7, SECTION 5 ("MEETINGS, MINUTES
AND PROCEDURE") OF THE CITY CHARTER TO PROVIDE THAT THE
CITY COMMISSION MAY HOLD NO MORE THAN FOUR (4) REGULAR
MEETINGS OF THE CITY COMMISSION AT PLACES WITHIN THE CITY,
OTHER THAN AT CITY HALL (100 WEST DANIA BEACH BOULEVARD);
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA:
Section 1. That Section 5 ("Meetings, minutes, and procedure") of Article 7
("Meetings of the City Commission), of Part II ("Legislative Branch and Legislation") of the
City Charter is amended to read as follows:
Sec. 5 Meetings, minutes and procedure.
All-Rr-egular meetings of the city commission shall be held at the usual place of holding
meetings of the city commission;provided, however, that no more than four(4) regular meetings
in any one (1) calendar year or btit a special meeting may be held elsewhere in the city under
authority of a resolution previously adopted authorizing such meetings. Meetings of the city
commission shall be public, and any citizen shall have access to the minutes and records tkefen
of them at all reasonable times and under the supervision of the city clerk. The commission shall
prescribe its own rules, regulations and order of business, and shall keep minutes of its
proceedings.
Section 2. That all ordinances or parts of ordinances and resolutions or parts of
resolutions in conflict with the provisions of this Ordinance are repealed.
Section 3. That if any section, clause, sentence or phrase of this Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 4. That this Ordinance shall be in force and take effect immediately upon its
passage and adoption.
PASSED on first reading on 2008.
PASSED AND ADOPTED on second reading on 2008.
ALBERT C. JONES
MAYOR-COMMISSIONER
ATTEST:
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS TO FORM AND CORRECTIONS
BY:
THOMAS J. ANSBRO
CITY ATTORNEY
2 ORDINANCE#2008-033
CITY OF DANIA BEACH Agenda Item # /• /
Agenda Request Database
Date of Commission Meeting: 11-25-2008 Public Hearing ❑X
Adopt Resolution ❑ Adopt Ordinance(1st Reading) ❑ Adopt Ordinance (2nd Reading) 0
Award Bid/RFP ❑ Presentation ❑ Continued from:
ORDINANCE NO.2008-029 AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORIDA,AMENDING THE CITY CODE OF ORDINANCES;AMENDING
CHAPTER 28"ZONING,"ARTICLE 18"INDUSTRIAL RESEARCH-OFFICE-MARINE(IROM)DISTRICT,"SECTION 18-30"PROHIBITED USES"IN ORDER TO
CORRECT A SCRIVENER'S ERROR CONCERNING THE REGULATION OF ADULT USES WITHIN THE INDUSTRIAL RESEARCH-OFFICE-MARINE(II
DISTRICT;PROVIDING FOR CONFLICTS;PROVIDING FOR SEVERABILITY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
Dept: Acct#: Amt:
Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑
TX-68-08: Zoning Code text amendment to the IROM zoning district prohibited uses (SECOND READING).
MINE
Ordinance
Staff Report
Public Hearing Notice
Exhibit 1 Exhibit 2 1Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8
Submitted by
Corinne Lajoie Date
Department Director
Corinne Lajoie Date
Assistant City Manager
Date
HR Director
Date
Finance Director
Date
City Attorney
Date
City Manager
Date
Commission Action:
Approved: ❑ Denied: ❑ Continued to: ❑
ORDINANCE NO. 2008-029
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA,
AMENDING THE CITY CODE OF ORDINANCES; AMENDING CHAPTER
28 "ZONING," ARTICLE 18 "INDUSTRIAL RESEARCH-OFFICE-MARINE
(IROM) DISTRICT," SECTION 18-30 "PROHIBITED USES" IN ORDER TO
CORRECT A SCRIVENER'S ERROR CONCERNING THE REGULATION
OF ADULT USES WITHIN THE INDUSTRIAL RESEARCH-OFFICE-
MARINE (IROM) DISTRICT; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Commission ("City Commission") of the City of Dania Beach
("City"), in Ordinance No. 2001-032, adopted on November 13, 2001, adopted regulations of
adult-oriented uses which provided that such uses shall be permitted within the Industrial
Research-Office-Marine (IROM) zoning district, subject to certain supplemental requirements as
provided in Article 31 "Adult Entertainment Establishments" of the City of Dania Beach Code of
Ordinances ("City Code"); and
WHEREAS, the City Commission, by Ordinance No. 2004-009 adopted on March 23,
2004, provided for updates and revisions to its Industrial-General (IG) District Regulations, and
inadvertently removed the Industrial Research-Office-Marine (IROM) district regulations from
the City Code; and
WHEREAS, additionally, subsequent to the adoption of Ordinance No. 2004-009, the
City adopted Ordinance No. 2004-37 which reinstated the Industrial Research-Office-Marine
(IROM) district regulations, and included a scrivener's error which listed adult entertainment as
a prohibited use under Section 18.30 of Article 18; and
WHEREAS, the City Commission finds and determines that these provisions are in need
of revision in order to correct this scrivener's error and effectuate the intent of Ordinance No.
2001-032, which provided that adult entertainment uses shall be permitted in the Industrial
Research-Office-Marine (IROM) district subject to the supplemental regulations of Article 31
"Adult Entertainment Establishments"; and
WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning
Agency, has reviewed these proposed revisions and recommended their approval to the City
P P P PP Y
Commission; and
WHEREAS, pursuant to law, notice has been given by publication in a paper of general
circulation in the City, notifying the public of this proposed ordinance and of a public hearing;
and
WHEREAS, a public hearing before the City Commission was held pursuant to the
published notice described above; and
WHEREAS, the City Commission finds that enactment of these revisions through its
police powers will protect the public health, safety, and welfare of the residents of the City,
including the aesthetic environment and natural scenic beauty of the City, and furthers the
purpose, goals, objectives, and policies of the City's Comprehensive Plan.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. Intent. That the preceding whereas clauses are ratified and incorporated as
the legislative intent of this Ordinance.
Section 2. Amendment of Industrial Research-Office-Marine (IROM) Use
Regulations. That Article 18 "Industrial Research-Office-Marine (IROM) District" of Chapter
28 "Zoning" is amended to read as follows:
18.30. Prohibited Uses.
2 ORDINANCE 42008-029
/FYl Adult entertainment
fggj fff Container storage.
Section 3. That, except as amended above, all other provisions of Chapter 28 of the
Code of Ordinances of the City of Dania Beach, Florida, as amended, shall remain in full force
and effect.
Section 4. That all ordinances or parts of ordinances and all resolutions or parts of
resolutions in conflict with the provisions of this Ordinance are repealed.
Section 5. That if any section, clause, sentence or phrase of this Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 6. That this Ordinance shall take effect immediately at the time of its passage
and adoption.
PASSED on first reading on October 28, 2008.
PASSED AND ADOPTED on second reading on 2008.
ALBERT C. JONES
MAYOR—COMMISSIONER
ATTEST:
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
BY:
THOMAS J. ANSBRO
CITY ATTORNEY
3 ORDINANCE#2008-029
CITY OF DANIA BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
STAFF REPORT
DATE November 25, 2008
TO Ivan Pato, City Manager
FROM Tom Ansbro, City Attorney
Corinne Lajoie, AICP, Principal Planne6r'_Z "�"
SUBJECT TX-68-08: Zoning Code text amendment to the IROM zoning
district prohibited uses (SECOND READING).
The proposed text amendment will change the prohibited uses, to allow adult
entertainment use consistent with regulations identified in Article 31, entitled Adult
Entertainment.
The City Commission has had the following actions relating to Adult Entertainment:
• November 13, 2001 City Commission adopted (Ord. No. 2001-032)
regulations to allow adult-oriented uses in the Industrial Research-Office-
Marine (IROM) zoning district, subject to certain supplemental
requirements as provided in Article 31.
• March 23, 2004 City Commission (Ord. No. 2004-009) updated and
revisions to its Industrial-General (IG) District Regulations, and
inadvertently removed the IROM district regulations from the City Code.
• March 23, 2004 City Commission (Ord. No. 2004-009) reinstated the
]ROM district regulations, and included a scrivener's error which listed
adult entertainment as a prohibited use under Section 18.30 of Article 18.
This amendment is needed to correct the scrivener's error and effectuate the intent of
Ordinance No. 2001-032, which provided that adult entertainment uses shall be
permitted in the IROM district subject to the supplemental regulations of Article 31 "Adult
Entertainment Establishments".
CITY COMMISSION PREVIOUS ACTION
On October 28, 2008 the City Commission heard this item on first reading and
recommended approval.
PLANNING AND ZONING BOARD RECOMMENDATION
On October 15, 2008 the Planning and Zoning Board recommended approval of the
proposed text change.
STAFF RECOMMENDATION
Approval, at the recommendation of the City Attorney.
PLACE COPY OF LEGAL NOTICE HERE
NOTICE OF HEARING
BEFORE THE CITY COMMISSION OF
THE CITY OF DANIA BEACH, FLORIDA,
REGARDING THE FOLLOWING
PROPOSED ZONING TEXT
AMENDMENT
NOTICE IS GIVEN that on Tuesday,November 25,2008
at 7:00 p.m. or as soon thereafter as the matter may.
be heard, the Planning and Zoning Board of the City of
Dania Beach, Florida, will conduct d public hearing in
the Commission Chamber at Dania Beach City Hai1,109
West Dania Beach Boulevard, Dania Beach,Florida, to
consider the proposed;zoning text amendment:
TX-68-08:Zoning Code text thane amending the industrial
Research-Office Marine(IROM}Zoning District to correct
a scrivener's error relating to adult entertainment uses as
follows:
AN ORDINANCE OF THE CITY OF DANIA :BEACH,
FLORIDA, AMENDING CHAPTER 28 "ZONING," ARTICLE
18 "INDUSTRIAL RESEARCWOFFICE-MARINE USE;
DISTRICT,°, SECTION 18-30 "PROHIBITED USES; OFF
THE CITY CODE OF ORDINANCES�TO :CORRECT-A
SCRIVENER'S ERROR CONCERNING THE REGULATION
OF ADULT USES WITHIN THE[ROM DISTRICT;PROVIDING
- FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
FURTHER, PROVIDING FOR AN EFFECTIVE- DATE.
Information regarding of the proposed text amendment is on
file in the.Community Development Department, 100 West
Dania Beach Boulevard,Dania Beach; Florida;and may be
inspected by the public during normal business hours.
"RpM
aonNw
�J
g M� � vYMEdms
- - City of Dania Beach
Boundary Map
Interested parties may appear at the aforesaid meeting
and be heard with respect to the proposed text
amendments. Any person who decides,to appeal,any
decision made with respect to any matter considdred.at
this hearing will need a record of the proceedings andfor
such purpose may need.to ensure that a verbatim record
of the proceedings is made,which record ine[udes;the
testimony and evidence upon which the appeal is to be
based.
In accordance with the American with Disablfities Act
persons needing assistance to participate in arty of the
proceedings should contact the City Clerk's Office, 100
West Dania Beach Boulevard, Dania Beach, Florida 33004.
(954)924-6800 at least 48-hours prior to the meeting.
Lou Ann Patellaro
Planning Associate
Published:November 14,2008
CITY OF DANIA BEACH Agenda Item # VT
Agenda Request Database
Date of Commission Meeting: 11-25-2008 Public Hearing ❑X
Adopt Resolution ❑ Adopt Ordinance (1st Reading) X❑ Adopt Ordinance (2nd Reading) ❑
Award Bid /RFP ❑ Presentation ❑ Continued from:
ORDINANCE NO.2008-029 AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORIDA,AMENDING THE CITY CODE OF ORDINANCES;AMENDING
CHAPTER 28-ZONING,"ARTICLE 18'INDUSTRIAL RESEARCH-OFFICE-MARINE(IROM)DISTRICT,'SECTION 18-30-PROHIBITED USES-IN ORDER TO
CORRECT A SCRIVENER'S ERROR CONCERNING THE REGULATION OF ADULT USES WITHIN THE INDUSTRIAL RESEARCH-OFFICE-MARINE(IROM)
DISTRICT;PROVIDING FOR CONFLICTS;PROVIDING FOR SEVERABILITY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
Dept: Acct#: Amt:
Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑
HO-72-08 -Applicant, Keith Poliakoff, Esq., with the firm Becker Poliakoff, representing Palmetto Hospitality of Dania
Beach SS LLC., Coed-Stirling Road LLC., and Oak Brook Realty& Investment LLC. is requesting a hotel overlay
designation for the properties generally lying north of Stirling Road and east of Interstate-95, to the east and west of
Southwest 18th Avenue (FIRST READING).
IN
Ordinance
Staff Report
Application
Location Map
Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8
Submitted by
Corinne Lajoie Date
Department Director
Corinne Lajoie Date
Assistant City Manager
Date
HR Director
Date
Finance Director
Date
City Attorney
Date
City Manager
Date
Commission Action:
Approved: ❑ Denied: ❑ Continued to: ❑
ORDINANCE NO. 2008-031
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA,
AMENDING THE CITY CODE OF ORDINANCES, TO CREATE SECTION
22.70 TO DESIGNATE THE "FRONTIER HOTEL OVERLAY DISTRICT';
PROVIDING FOR APPROVAL OF A SHARED DISTRICT MONUMENT
SIGN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission ("City Commission") of the City of Dania Beach
("City") has adopted zoning district regulations in the City, in order to maintain and improve the
quality of development and compatibility of land uses within the City while allowing a full range
of land uses and services to the City's residents; and
WHEREAS, the City Commission has adopted Article 22 (of Chapter 28, "Zoning" of
the City Code of Ordinances) entitled "Hotel Overlay District" to encourage coordination
between separately developed and owned hotel-oriented projects in areas servicing the tourism
industry within the City in order to better serve the community needs; and
WHEREAS, Article 22 provides standards and criteria for designation of an area as a
Hotel Overlay District; and
WHEREAS, Oakbrook Realty & Invest, LLC, Coed-Stirling Road, LLC, Palmetto
Hospitality of Dania Beach HP, LLC, Palmetto Hospitality of Dania Beach SS, LLC, and
Palmetto Hospitality of Dania Beach OP, LLC (the "Applicant") have applied for designation of
their combined properties as a Hotel Overlay District(the "Application"); and
WHEREAS, all property owners within the proposed District area have joined in the
Application; and
WHEREAS, the uses within the proposed District include three hotels, an outparcel and
an adjacent approximately 17,000 square foot supporting retail shopping plaza; and
WHEREAS, all properties provide tourism support services and have other location, use
or access relationships between the hotels and adjacent retail plaza qualifying for inclusion
within the District; and
WHEREAS, the proposed District area includes one property located on Stirling Road;
and
WHEREAS, the hotels included in the Application provide, or will provide upon
opening, shuttle service to the Fort Lauderdale-Hollywood International Airport; and
WHEREAS, the Applicant has submitted the location, design and size of the shared
district monument sign for approval simultaneously with their Application, requesting a 123
square foot monument sign, 14 feet in height; and
WHEREAS, the requested size of the shared district monument sign is necessary to
legibly identify the three hotels, outparcel and retail uses which are to be developed within the
District; and
WHEREAS, City staff has reviewed the application and recommends approval based
upon the finding that the proposed district satisfies the purpose and required elements of Article
22; and
WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning
Agency, has reviewed the proposed Frontier Hotel Overlay District designation and
recommended approval to the City Commission; and
WHEREAS, pursuant to law, notice has been given by publication in a newspaper of
general circulation in the City, notifying the public of this proposed ordinance and of a public
hearing; and
2 ORDINANCE#2008-031
WHEREAS, a public hearing before the City Commission was held pursuant to the
published notice described above; and
WHEREAS, the City Commission finds that enactment of these revisions through its
police powers will protect the public health, safety, and welfare of the residents of the City, and
furthers the purpose, goals, objectives, and policies of the City's Comprehensive Plan.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. Intent. That the preceding whereas clauses are ratified and incorporated as
the legislative intent of this Ordinance.
Section 2. Creation of the Frontier Hotel Overlay District. That Article 22, "Hotel
Overlay District" of Chapter 28 "Zoning" is amended to read as follows:
ARTICLE 22. HOTEL OVERLAY DISTRICT
22.70 Creation of the Frontier Hotel Overlay District.
The Dania Frontier Hotel Overlay District is created and it is applied to certain
properties, to be developed with three hotels, an outparcel and an approximately 17,000 square
foot retail plaza, enerally lying north of Stirling Road and east of Interstate-95, to the east and
west of Southwest 18`h Avenue, as legally described in Exhibit "A", which is attached to, and
made a part of, this Section by this reference.
Section 3. Shared District Monument Sign Approval. Pursuant to Section 22.52(c),
and to the development of the Frontier Hotel Overlay District with three hotels, an out parcel and
an approximately 17,000 square foot retail plaza, the proposed 123 square foot sign measuring
14 feet in height is approved.
3 ORDINANCE#2008-031
Section 4. That, except as amended above, all other provisions of Chapter 28 of the
Code of Ordinances of the City of Dania Beach, Florida, as amended, shall remain in full force
and effect.
Section 5. That all ordinances or parts of ordinances and all resolutions or parts of
resolutions in conflict with the provisions of this Ordinance are repealed.
Section 6. That if any section, clause, sentence or phrase of this Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 7. That this Ordinance shall take effect immediately at the time of its passage
and adoption.
PASSED on first reading on 2008.
PASSED AND ADOPTED on second reading on 12008.
ALBERT C. JONES
MAYOR COMMISSIONER
ATTEST:
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
BY:
THOMAS J. ANSBRO
CITY ATTORNEY
4 ORDINANCE#2008-031
EXHIBIT `A'
Frontier Hotel Overlay District
Legal Description
THE STIRLING ROAD PLAZA PLAT - A PORTION OF THE WEST '/z (W ''/z) OF THE
SOUTHWEST '/4 (SW %4) OF THE SOUTHWEST ''A (SW %4) OF THE SOUTHEAST '/4 (SE ''/4) OF
SECTION 33, TOWNSHIP 50 SOUTH, RANGE 42 EAST, BROWARD COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST
CORNER OF THE SOUTHEAST '/A (SE '''A) OF SAID SECTION 33; THENCE NORTH 00 DEG 43
MIN 45 SEC EAST ON THE WEST LINE OF SAID SOUTHEAST '/4(SE '/4), A DISTANCE OF 73.88
FEET OF THE POINT OF BEGINNING; THENCE CONTINUE NORTH 00 DEG 43 MIN 45 SEC
EAST ON SAID WEST LINE 181.94 FEET TO THE WESTERLY PROLONGATION OF THE MOST
WESTERLY SOUTH LINE OF "HILTON GARDENS AT STIRLING ROAD" ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 171, PAGE 16, OF THE PUBLIC RECORDS OF
BROWARD COUNTY, FLORIDA; THENCE NORTH 79 DEG 36 MIN 25 SEC EAST ON SAID
WESTERLY PROLONGATION AND SAID MOST WESTERLY SOUTH LINE 171.84 FEET;
THENCE CONTINUING ON THE SOUTH LINE OF SAID "HILTON GARDENS AT STIRLING
ROAD"NORTH 83 DEG 06 MIN 46 SEC EAST 168.05 FEET TO THE SOUTHEAST CORNER OF
SAID "HILTON GARDENS AT STIRLING ROAD", SAID POINT BEING ON THE EAST LINE OF
THE WEST ''/z (W ''/z) OF THE SOUTHWEST '/4 (SW 'A) OF THE SOUTHWEST ''/4 (SW '/4) OF THE
SOUTHEAST '/4 (SE '/4) OF SECTION 33, TOWNSHIP 50 SOUTH, RANGE 42 EAST; THENCE
SOUTH 00 DEG 48 MIN 44 SEC WEST ON SAID EAST LINE 254.04 FEET TO THE
INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF STIRLING ROAD AS SHOWN
ON MISCELLANEOUS MAP BOOK 5, PAGE 21, OF THE PUBLIC RECORDS OF BROWARD
COUNTY, FLORIDA; THENCE NORTH 89 DEG 59 MIN 21 SEC WEST ON SAID NORTH RIGHT-
OF-WAY LINE 193.58 FEET; THENCE ON THE NORTH RIGHT-OF-WAY LINE OF SAID
STIRLING ROAD AS SHOWN IN OFFICIAL RECORDS BOOK 23584,PAGE 103, OF THE PUBLIC
RECORDS OF BROWARD COUNTY, FLORIDA THE FOLLOWING THREE (3) COURSES AND
DISTANCES; 1) NORTH 85 DEG 19 MIN 40 SEC WEST 26.60 FEET TO THE INTERSECTION
WITH THE ARC OF A CURVE CONCAVE NORTHERLY WHOSE RADIUS POINT BEARS
NORTH 00 DEG 42 MIN 03 SEC EAST; 2) WESTERLY ON THE ARC OF SAID CURVE HAVING
A RADIUS OF 2245.34 FEET, A CENTRAL ANGLE OF 2 DEG 38 MIN 12 SEC AND AN ARC
LENGTH OF 103.33 FEET; 3) NORTH 36 DEG 38 MIN 09 SEC WEST 18.81 FEET TO THE POINT
OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DANIA BEACH,
BROWARD COUNTY,FLORIDA CONTAINING 76,849 SQUARE FEET(1.7642 ACRES.)
TOGETHER WITH:
A PORTION OF PARCEL A DUKE AND DUKE SUBDIVISION, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 124, PAGE 48 OF THE PUBLIC RECORDS OF
BROWARD COUNTY, FLORIDA. TOGETHER WITH A PORTION OF PARCEL "A" AND A
PORTION OF PARCEL `B", KRILICH PLAT, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 142, PAGE 18 OF SAID PUBLIC RECORDS. TOGETHER WITH
LOTS 1 THROUGH 6, DOUGLAS HILL, ACCORDING TO THE PLAT THEREOF AS RECORDED
IN PLAT BOOK 12, PAGE 45 OF SAID PUBLIC RECORDS. TOGETHER WITH THAT PORTION
OF SOUTHWEST 18T"COURT AND SOUTHWEST 1ST STREET ABANDONED BY RESOLUTION
OF THE BROWARD COUNTY BOARD OF COUNTY COMMISSIONER (RESOLUTION NO. 1999-
602) RECORDED IN OFFICIAL RECORDS BOOK 29499,PAGE 803 OF SAID PUBLIC RECORDS.
ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE
NORTHWEST CORNER OF PARCEL A, DUKE AND DUKE SUBDIVISION; THENCE NORTH 87
5 ORDINANCE#2008-031
DEG 52 MIN 10 SEC EAST ALONG THE NORTH LINE OF SAID PARCEL A, 511.87 FEET TO
THE NORTHEAST CORNER OF SAID PARCEL A; THENCE SOUTH 01 DEG 20 MIN 16 SEC
EAST ALONG THE EAST LINE OF SAID PARCEL A, 664.12 FEET TO THE SOUTH LINE OF
SAID PARCEL A; THENCE SOUTH 87 DEG 54 MIN 08 SEC WEST ALONG SAID SOUTH LINE
OF PARCEL A, 25.00 FEET TO A POINT ON THE NORTHERLY EXTENSION OF THE EAST LINE
OF BLOCK 1, DOUGLAS HILL, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 12, PAGE 45 OF SAID PUBLIC RECORDS; THENCE SOUTH 01 DEG 17 MIN 38 SEC EAST
ALONG SAID NORTHERLY EXTENSION OF THE EAST LINE OF BLOCK 1 AND THE EAST
LINE OF BLOCK 1 AND THE EAST LINE OF BLOCK 1, A DISTANCE OF 325.00 FEET TO THE
SOUTH LINE OF LOT 6, IN SAID BLOCK 1; THENCE SOUTH 87 DEG 54 MIN 08 SEC WEST
ALONG SAID SOUTH LINE OF LOT 6, A DISTANCE OF 85.10 FEET TO THE WEST LINE OF
SAID LOT 6 AND THE EAST LINE OF PARCEL `B" KRILICH PLAT, AS RECORDED IN PLAT
BOOK 142, PAGE 19 OF SAID PUBLIC RECORDS; THENCE SOUTH 01 DEG 19 MIN 21 SEC
EAST ALONG THE WEST LINE OF LOT 7 AND SAID EAST LINE OF PARCEL `B", 50.00 FEET;
THENCE SOUTH 87 DEG 54 MIN 08 SEC WEST, 15.07 FEET; THENCE NORTH 01 DEG 28 MIN
53 SEC WEST, 31.71 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE
SOUTHWEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A
RADIUS OF 193.00 FEET, A CENTRAL ANGLE OF 54 DEG 27 MIN 25 SEC, AN ARC DISTANCE
OF 183.44 FEET TO A POINT OF COMPOUND CURVATURE WITH A CURVE CONCAVE TO
THE SOUTHWEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING
A RADIUS OF 705.00 FEET, A CENTRAL ANGLE OF 11 DEG 53 MIN 53 SEC, AN ARC
DISTANCE OF 146.40 FEET; THENCE NORTH 22 DEG 09 MIN 49 SEC EAST, 52.00 FEET TO A
POINT ON THE ARC OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST (A
RADIAL LINE THROUGH SAID POINT BEARS NORTH 22 DEG 09 MIN 49 SEC EAST FROM
THE RADIUS POINT OF THE NEXT DESCRIBED CURVE; THENCE NORTHWESTERLY ALONG
THE ARC OF SAID CURVE, HAVING A RADIUS OF 757.00 FEET, A CENTRAL ANGLE OF 14
DEG 59 MIN 12 SEC, AN ARC DISTANCE OF 198.01 FEET; THENCE SOUTH 01 DEG 21 MIN 28
SEC EAST, 52.63 FEET TO A POINT ON THE ARC OF A NON-TANGENT CURVE CONCAVE TO
THE SOUTHWEST (A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 07 DEG 48 MIN
42 SEC WEST TO THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 705.00 FEET, A
CENTRAL ANGLE OF 03 DEG 29 MIN 16 SEC, AN ARC DISTANCE OF 42.92 FEET TO A POINT
ON THE WEST LINE OF PARCEL A OF SAID DUKE AND DUKE SUBDIVISION, THE EAST
RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 95 AND A NON-TANGENT CURVE
CONCAVE TO THE WEST(A RADIAL LINE THROUGH SAID POINT BEARS NORTH 85 DEG 10
MIN 32 SEC WEST TO THE RADIUS PINT OF THE NEXT DESCRIBED CURVE); THENCE
NORTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 5929.65 FEET, A
CENTRAL ANGLE OF 06 DEG 57 MIN 09 SEC, AN ARC DISTANCE OF 719.53 FEET TO THE
POINT OF BEGINNING. SAID LANDS LYING IN BROWARD COUNTY, FLORIDA,
CONTAINING 422281.37 SQUARE FEET(9.694 ACRES), MORE OR LESS.
TOGETHER WITH:
HILTON GARDENS AT STIRLING ROAD 171-14 B PARCEL A
6 ORDINANCE#2008-031
CITY OF DANIA BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
STAFF REPORT
DATE: November 25, 2008
TO: Ivan Pato, City Manager
FROM: Corinne Lajoie, AICP, Principal PlanneR34
REQUEST: HO-72-08 — Applicant, Keith Poliakoff, Esq., with the firm
Becker Poliakoff, representing Palmetto Hospitality of Dania
Beach SS LLC., Coed-Stirling Road LLC., and Oak Brook
Realty & Investment LLC. is requesting a hotel overlay
designation for the properties generally lying north of Stirling
Road and east of Interstate-95, to the east and west of
Southwest 18t' Avenue (FIRST READING).
HOTEL OVERLAY
To apply the Hotel Overlay designation to the subject properties.
PROPERTY INFORMATION
ZONING: Commercial (C-2)
LAND USE DESIGNATION: Commercial
The subject property is owned by three property owners, is approximately 12.5 acres
and consists of the Hilton Gardens, the proposed Hyatt Place, the proposed
Summerfield Suites, an undeveloped out parcel and the proposed Frontier
development (shopping center).
On August 26, 2008 the City Commission approved the creation of the Hotel Overlay
District to encourage coordination between separately developed and owned hotel-
oriented projects in areas servicing the tourism industry within the City.
The applicants are requesting the hotel overlay designation to allow shared parking
and signage, to coordinate landscaping, pedestrian amenities such as sidewalks and
coordinate pedestrian and vehicular movement, which are all components identified
in Article 22.22 of the Hotel Overlay regulations. Through the application of this
district, hotel patrons can more readily find egress to the hotel properties through the
installation of off premise signage, which is permitted only in the Hotel Overlay
District.
The applicant is proposing a monument sign larger than the sign approved as part of
the site plan. The applicant has indicated that the additional size of the monument
sign is necessary to accommodate each hotel and shopping center tenant with a
sign. Staff supports the size of the sign provided each sign panel has push through
lettering so only the letters are illuminated.
In order to qualify for designation, the proposed area must meet the following criteria
identified in Section 22.31:
A) Any Hotel Overlay District shall include a minimum of 2 hotels.
The subject property contains 1 existing hotel and 2 proposed hotels.
B) Adjacent office or retail support facilities may be included as appropriate
based on location, use or access relationships between the hotels and
adjacent facilities.
One of the three properties is a proposed retail shopping center with tenants
planned to support the adjacent hotels including a restaurant.
C) In order to provide a unity, connection and identification with the primary
street system, any area proposed for designation as a Hotel Overlay District
shall include at least one property adjacent to either Griffin Road or Stirling
Road.
The proposed retail shopping center property is located immediately adjacent
to Stirling Road.
D) The majority of uses must provide support services to tourism within the City,
or to another development in the proposed Hotel Overlay District which
provides support services to tourism.
1. Hotels shall provide shuttle service to the airport.
2. Uses adjacent to hotels in the proposed district, including but
not limited to office, restaurant and other retail, shall be
deemed supportive services by virtue of the potential use
interactions and safe and convenient pedestrian paths are to
be provided between the hotels and these areas.
The proposed Hyatt Place and Summerfield Suites are required to provide an
airport shuttle per the City Commission resolution approving the site plan.
The Hilton Gardens currently provides an airport shuttle service for its guests.
The only non-hotel use in the proposed overlay district is the retail shopping
center, which is considered a supportive service of the hotels and will have a
restaurant tenant. Sidewalks are part of the approved site plan for the
shopping center to enhance pedestrian circulation between properties.
E) All property owners whose property is proposed for inclusion in a Hotel
Overlay District must join in the application for designation.
The application has been signed by each property owner.
F) The location, design and size of the shared monument sign, pursuant to the
requirement of 22.50, shall be submitted for approval with the application for a
Hotel Overlay District.
The applicant has submitted a sign detail for a 14' tall monument sign with 12
sign panels. The sign area of the monument will be 123 s.f. The applicant
has indicated that the proposed sign will be large enough to accommodate
the 3 hotels and one outparcel in addition to the tenants of the proposed
shopping center. The monument sign will be located on the site of the
proposed shopping center in the south west comer of the property, adjacent
to Stirling Road.
PLANNING AND ZONING BOARD
The Planning and Zoning Board will hear this item on November 19, 2008. The
Board's recommendation will be presented at the City Commission meeting.
STAFF RECOMMENDATION
Approve of the Hotel Overlay designation, provided the monument sign has push
through lettering so only the letters are illuminated.
Page 1 of 1
Lajoie, Corinne
From: Nick Economics, Jr. [neconomosjr@economospropeites.com]
Sent: Monday, November 03, 2008 2:13 PM
To: 'Poliakoff, Keith'; 'Susan F. Delegal'
Cc: 'Troy Holbrooke'; Lajoie, Corinne
Subject: RE: Shuttle Service
Yes it does.
Tel,567:3d1.�4:Farr S6t�6i..}54
OWNartkFedenfilay.Sdhe'J"
poea ltsioa,FL 3W1
Ww-- wr�mgxoperlics,.ixm
From: Poliakoff, Keith [mailto:KPoliakoff@becker-poliakoff.com]
Sent: Monday, November 03, 2008 2:10 PM
To: Susan F. Delegal
Cc: Nick Economos, Jr.; Troy Holbrooke; Lajoie, Corinne
Subject: Re: Shuttle Service
Could you please advise if your hotel currently provides airport shuttle service.
Thanks: Keith
Keith M. Poliakoff
W Attorney at Law
ecwl' *wm w Admitted in Florida & New York
Becker&Poliakoff, P.A.
Emerald Lake Corporate Park
3111 Stirling Road
Fort Lauderdale, FL 33312-6525
954.965.4183 Phone
954.985,6814 Fax
KPoliakoff@becker-poliakoff.com
www.becker- loo iakoff_com
1 1/3/2008
Page 1 of 2
Lajoie, Corinne
From: Toothaker, Stephanie [stephanie.toothaker@ruden.com]
Sent: Friday, October 31, 2008 3:43 PM
To: Poliakoff, Keith
Cc: Lajoie, Corinne; Elizabeth Brady
Subject: RE: OTO
Corrine —
I am the authorized local legal representative of OTO and on behalf of OTO, 1 gave Keith authorization to file the
joint Hotel Overlay Application with the caveat that all private agreements between the parties relating to shared
parking and signage be agreed upon and executed before the first public hearing on the Overlay designation.
Please do not hesitate to contact me should you have any questions.
Thank you and have a good weekend.
Stephanie
Stephanie Toothaker
Attorney 1114c il�
200 East Broward Boulevard �vi�t�
sufte 1500
Fort Lauderdale,FL 33301
Direct 954-761-2944 1 Fax 954-333-4144
stephanie.toothaker@ruden.com I w .ruden.com
NOTICE: This e-mail message and any attachment to this e-mail message contains confidential
information that may be legally privileged. If you are not the intended recipient, you must not review,
retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you
have received this e-mail in error,please notify us immediately by return e-mail or by telephone at 954-
764-6660 and delete this message. Please note that if this e-mail message contains a forwarded message
or is a reply to a prior message, some or all of the contents of this message or any attachments may not
have been produced by the sender.
From: Poliakoff, Keith [mailto:KPoliakoff@becker-poliakoff.Com]
Sent: Friday, October 31, 2D08 2:59 PM
To: Toothaker, Stephanie
Cc: Lajoie, Corinne
Subject: Re: OTO
11/3/2008
Page 2 of 2
Stephanie:
Can you please confirm for Codeine's files that you are still the legal representative of Palmetto Hospitality of
Dania Beach SS, LLC, Palmetto Hospitality of Dania Beach HP, LLC, and Palmetto Hospitality of Dania Beach
OP, LLC, and as such I am authorized to file the Hotel Overlay District Application on your client's behalf.
Thanks.
Regards: Keith
BECKER&-- wLauderdaleFL33312-6525
. PollakofF
POU.AKOFF t Law
„ ,.;;;,nm.u,.v.mttna> n Florida &New York
oliakoff, P.A.
ake Corporate Park
ng Road
rdale, FL 33312-6525
954.965.4183 Phone
954.985.6814 Fax
KPoliakoff@becker-pollakoff.com
www becker-ooliakoff com
11/3/2008
Emerald Lake Corporate Park
3111 Stirling Road
Fort Lauderdale,Florida 33312-6525
phone: (954)987-7550 Fax:(954)995-4176
BECKER US Toll Free:(800)432-7712
POLIAKOFF
Mailing Address:
P.O.Box 9057
Ft.Lauderdale,FL 33310-9057
Reply To:
ADMINISTRA OFFICE Fort Lauderdale
3111 STIRLING ROAD October 2, 2008 Keith M.Poliakoff,Esq.
FORT LAUDERDALE,FL 33312
600.43�J713 U.S.TOLL FREE Direct dial: (954)985-4183
KPoliakoff@becker ohakoffc
WNM'.BECKER-I000AKOFF.COM t~� RMy 4 yy
BP@BECKER-POUAKOFRCOM g
SENT VIA HAND DELIVERY `°
City of Dania Beach
OCT 3 7008
Attn: Corrine Church Lajoie r >_
Principal City Planner
100 West Dania Beach Boulevard
L-
Dania Beach, F133004
Re: Submittal of Hotel Overlay District Application-Frontier Development,
LLC, OTO;Nick Economos
FLORIDA OFFICES
BDCA RATON
FORT MYERS Dear Corrine:
FORT WALMN REACH
O Enclosed, please find the rezoning application for the Hotel Overlay District and
HOMESTEAD
OOD the proper application fee. Thanks for all your help. If you have any questions,
HESTEAESTEAOD
MELBOURNE• please feel free to contact me.
MIAMI
NAPLES
ORLANDO
PORT ST.LUCIE Very truly yours,
SARASOTA
I NASSEE
TAMPA BAY
WEST PALM BEACH Keith M. P off
FTL DB:R4725 _7_RPELDMAN
U.S.B GLOBAL OFFICES
BEUING-
NEW YORK CRY
PARIS-
PRAGUE
EL AM-
LEGAL AND BUSINESS STRATEGISTS
AR ARM OF CDNSYLFGIS AN INTERNKIONAL ASSOCIATION OF LAW FIRMS MIA NETWORK OF LEADING LAW FIRMS
City of Dania Beach, Florida
Department of Community Development
Planning and Zoning Division
(954) 924-6805 Phone
www.daniabeachfl.gov
General Development Application
❑ Administrative Variance
❑ Assignment of Flex/Reserve Units
❑ Land Use Amendment
❑ Plat o
❑ Plat Delegation Request Date Rec'd: 1 3 0 O
0 Rezoning
❑ Site Plan TOCT 4 1008 �a, Ocb
El Special Exception I Petition No.: _'
❑ Trafficway Waiver
❑ Variance {
❑ Roadway Vacation L 6
❑ Extended Hours
4 other: �,e Q ?iC`a
THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH
ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required
Documentation"checklist to determine the supplemental documents required with each application.
For after the fact applications, the responsible contractor of record shall be present at the board hearing.
Their failure to attend may impact upon the disposition of your application. As always, the applicant or their
authorized legal agent must be present at all meetings. All projects must also obtain a building permit from
the City's Building Department.
Location Address:
Lot(s): Block: Subdivision:
Recorded Plat Name: 5L 4a 33-3°1 cD\I �O-4a-33 F{G-Cx a 0
50-��'33-(b- Ofo30 , 50 4a-3s-5a m�E3 ,�o-4a 3a �crou\O
Folio Number(s):Pleage see attached. Legal Description: Please see attached.
Applicant/ConsultantJLegal Representative (circle one)
Kpith M.
1!0li kO f f FSD
Address of Applicant:
Business Telephone: (954)985-4183 Home: Fax: (954)985-6814
Name of Property Owner: Please see attached.
Address of Property Owner: Please see attached.
Business Telephone: Home: Fax:
Explanation of Request: pipnsp --' che"'
For plats please provide proposed plat Name for Variances please attach Cntena Statement as per
Ardde 10.13 of Chapter 28, Zoning Code.
Prop. Net Acreage: Gross Acreage: Prop. Square Footage:
Existing Use: Proposed Use:
Is properly owned Individually, by a corporation, or a joint venture? Individual corporations.
I understand that site plan and variance approval automatically expires within 12
months of City Commission approval, pursuant to Ordinance No. 2005-040. n
K6-VA POli a Y-0-K 112 9 !o b
Applicant er signature Print Name Date
APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE
Sworn to and subscribed before me Applicant/Consultant/Representative:
This day of SE�E/118EP 200 18.
Signature:
Date: 412 ' 1 o F
V44^ PoliakoK
Sign Name of No ry Public (Print Name)
State of(rf , 4 DR- )
�31i1 f�;r lih M , N• LALLcup dale , L-
Print Name of Notary Street Address, City, State and Zip Code 3 33 I'L
(qS4� q4s- 4183 �(as4) q8s- ��'l4
Commission Expires:
Seal: "' CONNIEBLAIR Telephone No. &Fax No.
Cornmissim DD 617066
fedA Expires February 6e 2011
s;,r,• s�aanwTmir�wnameooaasme
INDMDUAL OWNER NOTARIZED SIGNATURE:
This is to certify that I am the fee simple owner of subject lands described above and that I have authorized
(Applicant/Consultant/Representative) to make and file the
aforesaid application.
Sworn to and subscribed before me Owner:
This_day of 20_
Signature:
Date:
Sign Name of Notary Public (Print Name)
State of( )
Print Name of Notary Street Address, City, State and Zip Code
Commission Expires:
Seal: Telephone No. &Fax No.
CORPORATION NOTARIZED SIGNATURE:
This is to certify that the below referenced corporation is the owner of su�ject lands described above and
that I, as a duly authorized officer, have authodzed
to make and file theaforesaid application.
Sworn to and subscribed before me Corporation Name:
This_day of 20_
Signature:
Date:
(Print Name)
Sign Name of Notary Public (Print Title)
State of( )
Print Name of Notary Street Address, City, State and Zip Code
Commission Expires:
Telephone No. &Fax No.
Seal:
JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE:
This Is to certify that the below referenced that the duly authorized persons are the owners
f P subject
lands
described above and that
l partners have to make and filerized the aforesaid application.
H
Sworn to and subscribed before me
This ZZ z''pday of SEPSEt+64�t 2008g Signature:
Date: °t 12 Z ka k
Writ Name)
GiEo srl 2lWN4 AA'A3, ,a•C
Sign Name of Notary ublic
State of( )
II RSARECNBLaksE� 4000 NoRsH FEoERx. NWY STE 206 Boc,aRA�a,FL 33'i
p' 019ry'-Pu6Ns�+ rlde
Print Na Street Address, City, State and Zip Code
y cranm.expires Feb.i5,21)11
>,__..,:,,-,�. ) $$I.361.254b CF')s6I- 36I -3S 4
Commissi � Telephone No. &Fax No.
Seal:
**Each partner must sign. Attach duplicate sheets as required.
CORPORATION NOTARIZED SIGNATURE:
This is to certify that the below referenced corporation is the owner of subject lands described above and
that I, as a duly authorized officer, have to authorized
and f letl tativa)
he aforesaid application.
Sworn to and subscribed before me Corporatlon Name: Q ,
�Q H (�v
This day ofaa- _201A % C
SignaturCe: fvSQ�
Date: J.
can C $rcnjto �'r.
(Print Name)
�n10.�•o�l`�O�y� �'
Sign Name of Nota PUbIIE (Print Title)
State of ► QP
�l.Y bUl'O1 �
Print Name of Notary Street Address, City, State and p C de
i &4.327 40(o3 �g��
Commission Expires; �t � tii
Seal: Telephone No. &Fax No.
JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE:
This Is to certify that the below referenced that the duly authorized persons are the owners of subject lands
described above and that all partners have aootmoake and frized il tative)
e the aforesaid application.
Sworn to and subscribed before me
This_day of 20_
Signature:
Date:
(Print Name)**
Sign Name of Notary Public
State of( )
Print Name of Notary Street Address, City, State and Zip Code
Commission Expires:
Seal: Telephone No. & Fax No.
**Each partner must sign. Attach duplicate sheets as required.
Broward County Property Appraiser's Network Page 1 of 1
LORI��PARRISH
Di c,►; CO
UNITY
Click here to display your 2008 TRIM Notice.
Site Address , DANIA BEACH iD# 5D42 33 00 D630
Propety Owner OAKBROOK REALTY& INVEST LLC Millage 0413
Mailing Address 1 DOD ROYCE BLVD OAK BROOK TERRACE IL 60181 Use 70
Legal 33-50112 W1/2 OF SW1/4 OF SW1/4 OF SE1/4 LESS PT IN OR 3760/15&LESS REVISED
Description STIRLING ROAD R/W
Property Assessment Values
Just Value ESOHValue
/ Tax
Year Land Building
Current $173,980 $173,980 $173,980
20D7 $173,980 $173,980 $173,9BO $3,734.96
2D06 $173,980 $173,980 $173,980 $4,047.5D
Current Exemptions and Taxable Values by taxing Authority
County School Board Municipal Independent
Just Value $173,980 $173,980 $173,960 $173,990
0 0 0 0
Portability
Assessed/SOH $173,980 $173,980 $173,980 $173,960
D 0
Homestead
0 0
Add.Homestead
0 0 0 0
WidNedDis
0 0 D D
Senior
0 0 D D
Exempt Type
0 0 0 0
Taxable $173,980 $173,980 $173,9BO $173,980
Sales History —Search Subdivision Sales Land Calculations
Date Type Price Book Page Price Factor Type
1 2131/1 999 WD $1,034,900 30329 1422 $99,990 1.74 AC
10/1/1968 W $10,000 9386 836
Adj. Bldg.S.F.
Special Assessments
Fire Garbage Light Drainage Improvement Safe
04 DS
A DS
181 2.4
Please Rote:Assessed values shown are NOT certified values and are
subject to change before final certification for ad valorem tax purposes.
htto://bcpa.net/RecInfo.asp?URL_Folio=504233000630 10/3/2008
Broward County Property Appraiser's Network Page 1 of 1
ORARP
,�;.Gp
UNTY
Click here to display your 2008 TRIM Notice.
Site Address 180 SW 1 B AVENUE , DANIA BEACH ID# 504233 52 0010
Property Owner COED-STIRLING ROAD LLC Millage 0413
ATT: NICK ECONOMOS Use 39
Mailing Address 40DO N FEDERAL HWY STE 206 BOCA RATON FL 33431
Legal HILTON GARDENS AT STIRLING ROAD 171-14 B PARCEL A
Description
Property Assessment Values
Assessed/ Tax
Year Land Building Just Value SOH Value
Current $4,039,060 $8,648,940 $12,668,DD0 $12,68B4O00
2007 $3,920,270 $8,648,940 $12,569,210 $12,569,210 $275,309.47
2006 $1,187,960 $8,634,700 $9,B22,660 $9,822,660 $237,562.6B
Current Exemptions and Taxable Values by taxing Authority
County School Board Municipal Independent
Just Value $12,688,000 $12,688,000 $12,6B8,000 $12,688,000
Portability
0 0 0 0
Assessed/SOH $12,688,000 $12,688,000 $12,688,000 $12,6BB,000
D 0
Home 0 0
Home-stead 0
o D o
Add. Homestead 0
D D 0
WidIVet/Dis 0
0 0 D
Senior D
0 0 0
Exempt Type
Taxable $12,668,000 $12,688,O00 $12,688,ODO $12,686,000
Sales History —Search Subdivision Sales
Land Calculations
Date Type Price Book Page Price Factor Type
9/14/2000 ROR 3DB88 519 $34.00 118,796 SF
4/14/2000 1ND $1,200,000 30432 583
Adj. Bldg.S.F. (See Sketch) 93124
Eff.Year Built 2004
Special Assessments
Fire Garbage Light Drainage Improvement Safe
04 DS
J DS
93124 150.4
Please Note:Assessed values shown are NOT certified values and are
subject to change before final certification for ad valorem tax purposes.
t,rr -//xkiuwhr,na.net/Recjnfo.asp?URL Folio=504233520010 10/3/2008
Broward County Property Appraiser's Network Pave 1 of 1
_ORi RARRIS"
B�;c�,MAARR�D
MMMEX
Ciick here to display your 2008 TRIM Notice.
Site Address SW 18 AVENUE 1 , DANIA BEACH ID# 5042 33 AC 0010
Property Owner PALMETTO HOSPITALITY OF Mfltage 0413
DANIA BEACH HP LLC Use 04
Mailing Address 340 E MAIN ST STE 300 SPARTANBURG SC 29302
Legal PALMETTO HOSPITALITY OF DANIA BEACH CONDO UNIT 1
Description
Property Assessment Values
Assessed/ Tax
Year Land Building Just Value SOH Value
Current $1,602,300 $1,602,300 $1,602,300
2007
2006
Current Exemptions and Taxable Values by fazing Authority
County School Board Municipal Independent
Just Value $1,602,300 $1,602,300 $1,602,300 $1,602,300
Portability
0 0 0 0
Assessed/SOH $1,602,300 $1,602,300 $1,602,300 $1,602,300
0 0 0 0
Homestead
Add. Homestead
0 0 D 0
0 0 0 0
WidNet/Dis
0 0 0
Senior
0
Exempt Type
D 0 0 0
Taxable $1,602,300 $1,602,300 $1,602,300 $1,602,300
Sales History — Search Subdivision Sales Land Calculations
Data Type Price Book Page price Factor Type
3/26/2008 WO $100 45257 1393
Adj. Bldg,S.F. 36135
Special Assessments
Fire Garbage Light Drainage Improvement Szfe
04
A
368
Please Note:Assessed values shown are NOT certified values and are
subject to change before final r-tfication for ad valorem tax purposes.
bttu://www.bcl)a.net/Reclnfo.asp?URL_Folio=504233AC0010 10/3/2008
Broward County Property Appraiser's Network Page 1 of 1
LORI PARR:&
BOA,oVMP
Click here to display your 2DDB TRIM Notice.
Site Address SW 16 AVENUE 2 , DANIA BEACH iD# 5042 33 AC D020
Property Owner PALMETTO HOSPITALITY OF Millage D413
DANIA BEACH SS LLC Use 04
Mailing Address 340 E MAIN ST STE 3D0 SPARTANBURG SC 29302
Legal PALMETTO HCSPITALITY OF DANIA BEACH CONDO UNIT 2
Description
Property Assessment Values
Assessed) Saz
Year Land Building Just Value SOH Value
Current $1,747,650 $1,747,650 $1,747,650
2007
2006
Current Exemptions and Taxable Values by taxing Authority
County School Board Municipal Independent
just Value $1,747,650 $1,747,650 $1,747,650 $1,747,650
0
Portability
0 0 0
Assessed/SOH $1,747,650 $1,747,650 $1,747,650 $1,747,650
Homestead D 0 0
0 0 0 0
Add.Homestead 0
0 0 0
Wid/Vet/Dis D
0 0
Senior 0 0
Exempt Type 0 0 0
Taxable $1,747,65D $1,747,65D $1,747,65D $1,747,650
Sales History —Search Subdivision Sales Land Calculations
Date Type Price Book Page Price Factor Type
3/26/2008 WD $100 45257 1397
Adj. Bldg.S.F. 39413
Special Assessments
Fire Garbage Light Drainage improvement Safe
D4
A
401
Please Note:Assessed values shown are NOT certified values and are
subject to change before final certification for ad valorem tax purposes.
http://www.bcpa.net/RecInfo.asp?URL_Folio=504233AC0020
10/3/2008
CITY OF DANIA BEACH OCT D C 200D
PROJECT SUMMARY n n;L
BACKGROUND
The subject properties encompass approximately 12.49 acres of commercially designated lands,
which are generally located on the north side of Stirling Road at approximately Southwest 18'h
Avenue. The properties comprise of the existing Hilton Gardens Inn, the proposed Hyatt Place,
the proposed Summerfield Suites, and the proposed Frontier Development shopping plaza. On
August 26, 2008, the City adopted Ordinance No. 2008-22,which created a Hotel Overlay
District. The purpose of this district is to help coordinate separately developed projects to
address issues such as infrastructure, environmental protection, signage, pedestrian movement,
parking, access, or employment activities, to facilitate the provision of hotel and ancillary service
areas supporting City tourism. The overlay district does not change the underlying official
zoning district. It simply supplements the underlying district regulations in order to support the
intended purpose of the overlay.
REQUEST
The applicants seek to apply the Hotel Overlay District over the subject properties, in order to
achieve high quality development and to promote innovative design concepts. Through the
establishment of an overlay district, the subject properties would be allowed to share
infrastructure, to coordinate landscaping, pedestrian amenities, to share access and parking,to
coordinate pedestrian and vehicular movement, and to provide off premise signage, all of which
are currently prohibited or nearly impossible to achieve under the current bifurcated ownership
and existing zoning categories.
NSTIFICATION STATEMENT
The Hotel Overlay District has been specifically created to support hotel and ancillary service
areas, which help to promote tourism in the City. The utilization of this district is limited to
properties whereat least one parcel is adjacent to either Griffin Road or Striling Road. In the
instant scenario, since there is a bifurcation of ownership it is necessary to encourage the
coordination between the separately developed and owned hotel-oriented projects, to help serve
the needs of the entire community. Throu the application of this district,hotel patrons can
more readily find egress to the hotel properties through the installation of off premise signage.
Further, since all of these properties are adjacent, the number of required parking spaces can be
reduced through the execution of shared parking agreements. Further, such items such as shared
infrastructure would be approvable if necessary in the fixture. Accordingly, the application of the
hotel overlay district to the instant properties, would be a benefit to the entire community.
F FL DB: 1140706_1
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Page 1 of 1
Loftier, Christine
From: Lajoie, Corinne
Sent: Monday, November 10, 2008 2:16 PM
To: Lottier, Christine
Subject: FW: Frontier Sign Waiver
Attachments: OakwoodCenter1600_11_10.pdf, 1154080_1.pdf
Please print both attachments for P&Z back up and for the file.
Thanks
Corinne Lajoie, Principal Planner
City of Dania Beach
(954) 924-6805 X3704
From: Poliakoff, Keith [mailto:KPoliakoff@becker-poliakoff.comj
Sent: Monday, November 10, 2008 2:10 PM
To: Lajoie, Corinne
Subject: Re: Frontier Sign Waiver
Corrine:
Attached please find Frontier's request to increase the monument sign height by 4 feet to accommodate the two
additional hotels that are joining the overlay district. Please include same in our current application.
Regards: Keith
Keith M. Poliakoff
FF Attorney at Law
anerwb.�.uw Admi'ted in Florida &New York
Becker&Poliakoff, P.A.
Emerald Lake Corporate Park
3111 Stirling Road
Fort Lauderdale, FL 33312-6525
954.985.4183 Phone
954.985.6814 Fax
KPollakoff@becker-poliakoff.com
www.becker-poliakoff.com
11/12/2008
Frontier Development
CITY OF DAIVIA BEACH �������
PROJECT SUMMARY «d���ottt+��!
for NOV 1 0 2000
FRONTIER DEVELOPMENT
Planning
BACKGROUND Department
The subject property encompasses approximately 1.76 acres and is located on the
northeast corner of Stirling Road and Southwest 18 Street. The property is adjacent to
Advanced Auto Parts to the East, Burger King to the West, Oakwood Shopping Plaza to
the South and four hotels to the North. The property is currently vacant and is filled with
overgrowth consisting mainly of invasive exotic vegetation. On September 9, 2008,the
City of Dania Beach approved a site plan and associated variances to allow an
approximately 20,000 sq. ft. commercial center on this parcel. On the same evening the
City Commission approved a Code amendment to create a Hotel Overlay District.
Although the City Commission previously approved a 10 x 10 monument sign on this
parcel, through the application of the Hotel Overlay District,there are now two additional
hotels that desire to have signage at this location. Accordingly,the sign panel would
have to be increased by four feet in height to accommodate the additional hotels.
REQUEST
Article 22.52 of the City's Code states that properties within the Hotel Overlay District
shall provide one shared district monument sign, which shall identify all properties and
uses within the designated overlay district. Article 22.52(c) states that the City
Commission may approve a maximum size of this monument sign larger than that
permitted in the Code, if it determines that the additional area is necessary to legibly
identify all the shared overlay district uses on the sign. Although the City Commission
previously approved a 10xl0 monument sign panel,through the creation of the Hotel
Overlay District two additional hotels have elected to join the district which would add an
additional panel to the monument sign. As such the monument sign has been
reconfigured to increase by four feet in height to add the additional hotel panel. Based on
the location,the number of users, and the speed limit on Stirling Road, this is the
minimum size that would ensure visibility from the roadway.
JUSTIFICATION STATEMENT
Tourism and bed tax revenue are important fiscal components of the City of Dania
Beach. Since the commercial parcel has the only arterial road frontage it is exceptionally
difficult for patrons to find the entrance to the existing and future hotels since no signage,
of any kind, exists. Patrons who get lost are routinely told to turn after Burger King or
Advanced Auto Parts. Years ago the City had met with the hotel owners to discuss
rectifying this problem by placing locational signage at the intersection. Since the
applicant's site remained vacant, the City did not have an opportunity to install the
necessary signage. When the applicant proposed its project, the City immediately
Frontier Development
mentioned its desire to install locational signage on the applicant's monument sign.
Accordingly,the Hotel Overlay District was created and applicant designed its
monument sign to accommodate the additional information.
Thus, since the applicant has designed its sign for the off premise users, the size is the
minimum necessary to accommodate the necessary text at a size that would be visible
based upon the speed of the neighboring roadway. The request will not have a negative
impact on the surrounding community.
Fn. DB:1154080_1
NOV 1 0 708E
Pianning
Department
HOTEL OVERLAY DISTRICT
NORTH OF STIRLING ROAD
ALONG SW 18TH AVENUE
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CITY OF DANIA BEACH
DEPARTMENT OF FINANCE
MEMORANDUM
TO: Mayor & Commissioners Memo: DF-08-32
VIA: Ivan Pato, City Manager
FROM: Patricia Varney, Director of Finance
DATE: November 12, 2008
SUBJECT: Limor Arika Account: 34 SE 14 Street
Ms. Limor Arika approached the Commission meeting on November 10th, with regard to her
water account. In reviewing the address she provided, it brought to my memory the City
Attorney, the Assistant Finance Director and myself have dealt with this issue back in late July.
A memo (copy attached) on August 1 had been submitted to the City Manager to obtain
approval for providing Ms. Arika a payment plan of three months. A letter dated August 13th
(copy attached) was sent to Ms. Arika stating the payment plan and that payment must be made
by November 15th, or her water will be turned off.
My attached memo provides the Commission the explanation of this account. Billing staff has
informed Ms. Arika many times prior to her approaching the management level the delinquent
amount on her account. Ms. Arika informed me she has difficulties in providing payment for the
$1,360.08. She informed me she just rented out the unit and obtained rental of$1,000 per
month. I confirmed with the City Attorney we can provide a payment plan as the City did fail to
transfer the delinquent amount when her account was closed in June and placed under a
tenant's name. Ms. Arika also inquired should the City shut her water off, and should she move
out of the unit and have a tenant move in and request service, whether the City will refuse such
service. I informed her the law does not allow the City to refuse service to a new tenant if the
owner or previous tenant that resided in that address carries a delinquent amount. Mr. Arika
also discussed her water issue with the City Attorney and confirmed my information to her with
regard to her request above.
Staff has worked with Ms. Arika to ease her financial burden. Staff is not recommending any
waiver of fees or performance of the calculation as proposed by Ms. Arika. This may create a
precedent for all accounts that experience a leak to petition for utilizing the calculation by Ms.
Arika. My recommendation is to provide Ms. Arika another 2 months extension to pay the
delinquent amount.
As to the recalculation requested by Ms. Arika, should the City calculated all consumptions at
the first tier, Ms. Arika water billing would be $276.33 less for 124 gallons that will not be
charged at a higher rate. Sewer charges has no tier level, so there is no adjustment to cost.
CITY OF DANIA BEACH
DEPARTMENT OF FINANCE
MEMORANDUM
TO: Ivan Pato, City Manager Memo: DF-08-23
FROM: Patricia Varney, Director of Finance
DATE: August 1, 2008
SUBJECT: Limor Arika account: 34 SE 14 Street.
Ms. Limor Arika owns 4 properties in the City of Dania Beach. She resides at 38 SE 14 Street.
Ms. Arika also owns rental property at 34 SE 14 street. Her tenant prior to November, 2007 did
not establish a water account, and the account was under Ms. Arika's name and responsibility.
On August 14, 2007, the account at 34 SE 14 Street was shut off for non-payment. The City
received payment on August 21 and turned the service back on. On August 27, 2007, City's
staff went out for normal monthly read and Billing realized a huge consumption. On August 30,
2007, Billing sent Public Service staff to re-read, and realized that the meter is running and
consumed 20K gallons in 3 days. They left a door hanger to inform the residents that there may
be a leak. Ms. Arika indicated to us that her tenant has moved out and that she was out of town
and was not aware of the door hanger until her return. On September 18, 2007, the account
was shut off due to non-payment for the August billing and has been shut off until November
2007 when Ms. Arika has a new tenant. The tenant came in to the City to establish the account.
The water was turned on but the consumption was normal, did not reflect any leak.
A final bill was sent to Ms. Arika for services prior to November 2007 and was given the normal
allowable time to pay. When Ms. Arika did not pay the final bill, the City should have searched
through our data base system, and should have transferred the final bill on 34SE 14 Street to
Ms. Arika active account on 38 SE 14 Street which is allowed by law. The City did fail to do so.
On June 16, 2008, Ms. Arika has a different tenant occupying 34 SE 14 Street. The tenant
completed the water account application, however, indicated the address as 38 SE 14 Street
which is actually resided by Ms. Arika. When the tenant received the first bill, he came to the
City on July 21, bring us the lease and informing us that the address is incorrect. Staff is also
aware at that time the past due amount incurred in November 2007. Ms. Arika called the City to
confirm that the above accounts are corrected and staff at that time, informed Ms. Arika that the
balance of$1,342.31 at 34 SE 14 Street will be transferred to the Ms. Arika's account at 38 SE
14 Street.
Since the City did make the mistakes of not transferring the amount when the first tenant
opened the account in November 2007, 1 am recommending that the City allows Ms. Arika 3
months to pay the past due amount of$1,342.31, although under the City's code of ordinance
defer payment is not an option. However, Ms. Arika does not accept this arrangement stating
the City's staff only informed her that a lien would be placed on her property and not the transfer
of delinquent amount.
August 13, 2008
Limor Arika
38 SE 14 Street
Dania Beach FL 33004
RE: Acct. No. 6781-57152
38 SE 14 Street
Dear Ms. Limor:
This letter is to confirm our recent discussions with regards to the property located at 34 SE 14
Street . A past due balance currently exists at 34 SE 14 Street in the amount of$1360.08. This
amount is an accumulation of charges which have remained unpaid since August 6, 2007. As
discussed, per City Ordinance 27-5"the charges may, at the city's option, be added to other
property accounts the same owner may be using" The City of Dania Beach is choosing to
exercise this option effective immediately and will be transferring the balance to 38 SE 14 Street.
Additionally, as you are aware when your current tenant located at 34 SE 14 Street came in to
open his account Mr. De Andrade erroneously gave us the wrong address of 38 SE 14 Street on
the utility application. This error has been corrected but during the process of closing the
accounts to make the correction, the deposit on file was automatically credited to your account
and applied to any outstanding balance. A partial refund check was then mailed in the amount of
$77.80. As such a new deposit will also need to be placed on this account in the amount of
$100.00.
In another matter, on July 18, 2008 a new tenant moved in to 317 SW 14 Street. An outstanding
balance on your account at this location exists in the amount of$292.12 for an accumulation of
charges since September 4, 2007. This amount will also be transferred to the property address
of 38 SE 14 Street.
As discussed the City of Dania Beach is willing to extend a payment plan of three months for the
amounts being transferred. Although this is not required and is not our normal policy we do feel
the time delay in transferring the balance to your existing account warrants an extension of time
to pay the balance due.
The total amount to be transferred $1652.20 ($1360.08 plus$292.12)plus the$100.00 deposit,
for a total of$1752.20 will need to be paid by November 15, 2008. If the past due amount of
$1652.20 plus the deposit is not paid by November 15, 2008, the water service to 38 SE 14
Street will be terminated. After termination of services all past due amounts plus the deposit of
$100.00 will need to be paid prior to reconnection and a turn-on fee will be assessed.
The above arrangement does not exempt you from shutoff for any amount due under"New
Charges"to be paid by the"Due Date for New Charges Only"as indicated on your monthly bill.
The account for 38 SE 14t"Street is also currently on a bank draft status. Per your conversation
today with Nicki Satterfield, Assistant Finance Director, at your request bank drafting will cease
effective immediately. All future payments including the current outstanding bills should be paid
directly by you to the City in the form of cash or check by their respective due dates.
Should you have any questions please feel free to contact me.
Sincerely,
Patricia Varney
Finance Director
MEMORANDUM
CITY OF DANIA BEACH
TO: Mayor and City Commission
CC: Ivan Pato, City Manager
FROM: Louise Stilson, City Clerk
RE: 2007 Municipal Elections
DATE: November 14, 2008
The City of Dania Beach will hold a Primary Election on Tuesday, February 10, 2009 and a
General Election on Tuesday, March 10, 2009. Both of these dates are also regular City
Commission meeting dates.
In past election years, the City Commission changed the meeting dates to the Wednesday
immediately following the election dates. This year the Wednesday immediately following both
dates, February 11, 2009 and March 11, 2009, is the regular meeting date for the Melaleuca
Homeowners Association,whose meetings are held in the Commission Chamber at 7:00 p.m.
Another option would be to hold the Commission meetings on Monday, February 9, 2009 and
Monday, March 9, 2009; the Commission Chamber is available on both of these dates.
This item will be placed as a discussion item on the November 25, 2008 City Commission
Agenda.
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COMMISSION COMMUNICATIONS WITH EMPLOYEES
Neither the City Commission nor any of its members shall dictate the appointment of any
person to office or employment by the City Manager, or in any manner prevent the City
Manager from using his own judgment in selecting those officers or employees which he is
entitled to appoint or select under the provisions of the Charter. The Commission and its
members shall deal with the administrative service solely through the City Manager, and
neither the Commission nor any member thereof shall give orders to the subordinates of the
City Manager either publicly or privately. (City Charter, Part II, Article 1, City
Commission)
On April 26, 2005, the City Commission adopted Resolution #2005-066 to inform all City
Commissioners and employees how the Charter provision governing communications
between elected officials and all City employees (City Charter, Part II, Article 1) is
intended to be applied.
Resolution#2005-066
The City Manager has delegated to each of the Department Directors the authority to
respond to any City business-related matter raised by any City Commissioner. Contacts
(communications) between a City Commissioner and a City employee, when of a casual
nature and unrelated to City business, are always permitted. However, if any City
business is involved, employees are required to ask the City Commissioner to contact the
appropriate Department Director. In turn, the Director will contact the City Manager if
the City business matter warrants the attention of the City Manager.
The City Commissioners are aware that they cannot, due to the Charter provision
mentioned above, ever "give orders" or directives to any City employee, including
Department Directors. If a question ever arises as to this Policy, the City Commissioner,
the City employee or both are always free to first contact the City Department Director
for guidance or assistance. Furthermore, if a request for information by a Commissioner
may require an extensive commitment of time by the Department Director or staff,
resulting in a loss of resources for normal City operations, the Department Director will
forward the request to the City Manager for consideration and resource planning.
For any breach or violation of the policy, the City Commission may, after deliberation
and consideration of all relevant facts at a regular meeting of the City Commission, issue
a public reprimand or adopt a Resolution which publicly censures the violator, dependent
upon the nature and circumstances of the breach or violation.
The City Commission Members shall have mail boxes located inside City Hall to facilitate
the flow of correspondence related to City business.