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HomeMy WebLinkAboutNULL (599) MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, AUGUST 11, 2009 — 7:00 P.M. 1. Call to Order/Roll Call Mayor Castro called the meeting to order at 7:00 p.m. Present: Mayor: Anne Castro Vice-Mayor: C.K. "Mac" McElyea Commissioners: Bob Anton Walter Duke Albert C. Jones City Manager: Robert Baldwin 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 Item #3.1 was heard after Item #3.2 3.1 Dania Beach Paul DeMaio Library Presentation Dominic Orlando, Director of Public Services, advised that Susan Goldstein, Expansion Project Administrator, Broward County, would not attend tonight's meeting due to a death in the family. Mayor Castro noted Ms. Goldstein is very excited about the Library project. She said Ms. Goldstein also indicated that this is the best team she has worked with on a City project, where citizens' comments and several other important topics have been considered. Merrill Romanik, AIA, Cubellis, presented a PowerPoint overview of the proposal which is attached to and incorporated into these minutes. Also present at the meeting were Dory Khater, Cubellis, Inc., Dwight Stephenson, Tim Talbert and Kevin Burke from D. Stephenson Construction, Inc. and Marie Moisdon representing Broward County Library. She explained that in view of the development of the 109 Park property for the proposed parking garage, they made some changes to the original project submitted with their Request for Proposals on February 13, 2009. Ms. Romanik further noted that the plaza originally created between the existing City Hall and the Library has now been eliminated, although the main entrance is still located on the south side of the building. She advised that the proposed plan has been shared with the City's Planning and Zoning staff whose comments have already been addressed. Mayor Castro stated she is very pleased with the proposal and thanked the Friends of the Library and everyone else who has been involved in this project. She asked when the groundbreaking would take place. Commissioner Jones questioned if the building could be converted into two stories in the future. Ms. Romanik responded the structure is not prepared for a second floor. Director Orlando noted the County does not want a second story in the Library. Jeremy Earle, CRA Executive Director, noted that as directed by the Commission at the June 23 meeting, Kimley-Hom is here tonight to present their findings regarding pursuing the TIGER Grant. Greg Kyle, Kimley-Horn and Associates, presented a PowerPoint update on the TIGER Grant which is attached to and incorporated into these minutes. He indicated the City's projects do not meet the criteria to qualify for the funding. Mr. Kyle recommended that we initiate the NEPA (National Environmental Policy Act) process to be eligible for federal funding. Commissioner Duke questioned if funding would be available when we are ready. Mr. Kyle responded TIGER Funds will not be available because this program is geared toward shovel-ready projects. However, we are not too late to begin to secure funds through other programs. He indicated there would be no cost to the City for the first two steps of the NEPA process. The cost would be paid by the Florida Department of Transportation (FDOT) who would eventually work with the City to select the consultant to perform the studies. Commissioner Jones asked which agencies would be interested to coordinate projects with the City. He also questioned the status of the proposed appropriations suggested by Representative Debbie Wasserman-Schultz regarding the construction of the West Dania Beach Boulevard Bridge. Mr. Kyle advised that within the following weeks they would try to identify other local and federal funding sources that could be integrated into the marine industry district. Colin Donnelly, Assistant City Manager, noted that he spoke with Representative Ron Klein's office which referred him to the Appropriation Web Site. He found out that Dania Beach is not listed on the earmarks for the transportation appropriations for 2010. Vice-Mayor McElyea thought we needed to build the Dania Beach Boulevard Bridge and start developing. Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,August 11,2009—7:00 p.m. Director Earle noted even if we had the funding, we still need a federal permit. Mayor Castro clarified that the City would pay for the NEPA study. She questioned if FDOT or the County could assist us in getting the NEPA study done quicker. Director Earle noted Broward County has expressed a lot of interest in the marine issue since it benefits them too. He remarked it is a very large and complex process which will require a lot of coordination between organizations. Mayor Castro requested clearer information on what types of funding/grants are available. She would like staff to provide a contingency plan with financial attachments. City Manager Baldwin noted he conducted an interview for the Finance Director position and the applicant noted that we had problems with our pension/health benefit plans, but pointed out that the City was in good financial condition. He remarked how important it is for a City to have a good Finance Director, although sometimes they may not be popular. City Manager Baldwin said that Patricia Varney, Finance Director, has an impeccable reputation among the financial community in Broward County. City Manager Baldwin presented a plaque to Finance Director Patricia Varney for her seven years of service to the City of Dania Beach. Director Varney resigned to take a position with the City of Miami Gardens. Patricia Varney, Finance Director, thanked the Commission, staff and the citizens for allowing her the opportunity to serve the City of Dania Beach. The Commission as well as City Attorney Ansbro expressed their appreciation to Director Varney for her financial acumen and for helping the City. Item #3.2 was heard before Item #3.1 3.2 Special Event Request for the Health and Wellness Fair - August 22, 2009 (8:30 am to 1:00 pm) at 2340 Griffin Road Commissioner Jones motioned to approve the Special Event request for the Health and Wellness Fair; seconded by Vice-Mayor McElyea. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor McElyea Yes Commissioner Duke Yes Mayor Castro Yes Commissioner Jones Yes 4. Proclamations 4.1 Firefighter Appreciation Month Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,August 11,2009—7:00 p.m. Mayor Castro read the Firefighter Appreciation Month proclamation. 5. Citizen Comments Ann Page, 38 SW 5'h Street, representing the Friends of the Library, noted they are the support arm of the Library. She indicated that County funds have been cut for the Library and this will continue to happen during these difficult economic times. Ms. Page provided a summary of what they do. She implored the citizens to become members of the Friends of the Library to support the programs and services that are needed in our community. Carol Stokrocki, 450 SE 7ch Street #246, noted she would like to start the Dania Beach Garden Club. She indicated she has the backing of the City Manager and the Public Services Department. Ms. Stokrocki would like to beautify the area of the Linear Park from Sheridan Street to Dania Beach Boulevard. She advised they already have ten volunteers to do the work, some nurseries which are willing to donate plants, and some people who want to donate money. Ms. Stokrocki would like it to be a botanical park and asked the City to pursue some grant funds for this purpose. It was the consensus of the Commission to support Ms. Stokrocki's proposal. Jimmy Crimminger, 237 SW 15`h Street, noted the Dania Lions Club held a very successful "Back to School" shopping spree last Saturday. He advised that the Dania Beach Committee of the Broward County A I A Scenic Highway (BA IA)hosted the FDOT/MPO van tour at the Dania Beach Pier Restaurant. Mr. Crimminger indicated that we will receive two signs, one facing east and the other facing west, and hopefully more if funding allows. He presented CRA Director Earle a beach ball to help develop the City and become the leader of the marine industry in South Florida. Jay Field, 4501 SW 3e Way, Chairman of the Airport Advisory Board, noted they attended a meeting with Kent George, Broward County Aviation Director, on August 6. They recommend that the City Commission do not accept any Avigation Easement Agreements from the County. The Board also recommends that the property owners receive a letter advising them to seek legal counsel before signing any agreement. The Airport Advisory Board further recommended that the County pay for legal representation for the homeowners. Mr. Field advised that the Board is concerned with the quality of work that will be performed on the homes. The Airport Advisory Board invited Mr. George to attend their next meeting to continue the discussion. Commissioner Duke noted that most of the members of the Airport Advisory Board did not attend the August 6 meeting. He requested that board members be better notified in the future. Teddy Bohanan, 312 SW 15`h Street, noted the Night Out on Crime was very successful. She thanked the Police Officers who were at the event. Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,August 11,2009—7:00 p.m. 6. Public Safety Reports Donn Peterson, BSO Chief, mentioned that the murder of Officer Reyka is still unsolved. He provided an update of the recent crime activity in the City. Chief Peterson noted hundreds of people attended the National Night Out on Crime which was held in the southwest neighborhood. He encouraged everyone to get involved and make Dania Beach a safer and better place in which to live. 7. Consent Agenda Items removed from Consent Agenda: #7.3 7.1 Minutes: Approve minutes from July 28, 2009 City Commission Meeting Approve minutes from July 29, 2009 Special Meeting 7.2 Travel Requests: None Resolutions 7.3 RESOLUTION#2009-143 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, SUPPORTING THE APPLICATION OF THE CITY OF HOLLYWOOD FOR A REGIONAL ACTIVITY CENTER AMENDMENT, PC 05-1 AND PCT 05-1; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2009-143. Mayor Castro noted she is supportive of this resolution and the request made by the City of Hollywood to expand its Regional Activity Center (RAC). She further stated that she will support it when this item is presented before the Broward County Planning Council. Commissioner Anton motioned to adopt Resolution #2009-143; seconded by Commissioner Jones. The motion carried on the following 5-0 Roll Call vote- Commissioner Anton Yes Vice-Mayor McElyea Yes Commissioner Duke Yes Mayor Castro Yes Commissioner Jones Yes 7.4 RESOLUTION#2009-149 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,CONFIRMING THAT THE DEVELOPMENT OF A CHARTER SCHOOL WITH A MARINE, AUTOMOTIVE AND AVIATION INDUSTRY EMPHASIS IS CONSISTENT WITH LOCAL PLANS AND REGULATIONS, INCLUDING THE CITY OF DANIA BEACH COMPREHENSIVE PLAN; AND SUPPORTING AN APPLICATION TO THE STATE OF FLORIDA FOR Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday,August 11,2009—7:00 p.m. APPROVAL OF COMMUNITY CONTRIBUTION TAX CREDIT PROJECTS; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION #2009-150 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE ENGINEERING SERVICES FROM CALVIN, GIORDANO AND ASSOCIATES RELATING TO THE DANIA BEACH FORCE MAIN SUBAQUEOUS CROSSING PROJECT, AT A COST WHICH SHALL NOT EXCEED THIRTY-TWO THOUSAND FIVE HUNDRED THIRTY FIVE DOLLARS ($32,535.00); PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION#2009-151 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE ENGINEERING SERVICES FROM CALVIN,GIORDANO AND ASSOCIATES, INC. RELATING TO THE DANIA BEACH WATER MAIN SUBAQUEOUS CROSSING PROJECT,AT A COST WHICH SHALL NOT EXCEED FORTY-THREE THOUSAND FIVE HUNDRED TWENTY DOLLARS ($43,520.00); PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.7 RESOLUTION#2009-152 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPOINTING THE RHODES INSURANCE GROUP AS HEALTH CARE CONSULTANT FOR AN AMOUNT NOT TO EXCEED $18,000.00 FOR FISCAL YEAR 2009-2010; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.8 RESOLUTION#2009-153 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO RENEW AN AGREEMENT WITH AVMED HEALTH PLANS TO PROVIDE A SELF- FUNDED OPEN ACCESS POINT OF SERVICE ("POS") PLAN TO ELIGIBLE EMPLOYEES, RETIREES OR BOTH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.9 RESOLUTION#2009-154 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO RENEW AN AGREEMENT WITH THE MAXON COMPANIES TO PROVIDE CLAIMS ADMINISTRATION FOR A SELF-FUNDED DENTAL, VISION AND DISABILITY PLAN TO ELIGIBLE EMPLOYEES AND RETIREES, AND TO INCLUDE IN THIS AGREEMENT ACCESS TO A DENTAL PREFERRED PROVIDER ORGANIZATION NETWORK, IN AN AMOUNT NOT TO EXCEED $11,800.00 FOR FISCAL YEAR 2009-2010; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Anton motioned to adopt the Consent Agenda, with the exception of Item #7.3; seconded by Commissioner Duke. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor McElyea Yes Commissioner Duke Yes Mayor Castro Yes Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,August 11,2009—7:00 p.m. Commissioner Jones Yes 8. Bids and Requests for Proposals There were no proposals on this agenda. 9. Public Hearings and Site Plans 9.1 ORDINANCE #2009-012 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES RELATING TO THE POLICE AND FIREFIGHTERS' RETIREMENT SYSTEM;AMENDING SECTION 18-46, PROVIDING FOR FOUR YEAR TERM LIMITS; AMENDING SECTIONS 1843, 18-47 AND 1848 IN COMPLIANCE WITH CHAPTER 2009-97, LAWS OF FLORIDA; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2009-012. He clarified this law would not cause any financial impact to the City. Mayor Castro opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Commissioner Jones motioned to adopt Ordinance #2009-012, on second reading; seconded by Vice-Mayor McElyea. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor McElyea Yes Commissioner Duke Yes Mayor Castro Yes Commissioner Jones Yes 9.2 ORDINANCE #2009-014 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING SECTION 23-11 OF THE CITY CODE OF ORDINANCES, WHICH SECTION PERTAINS TO THE CITY UTILITY TAX LEVIED UPON THE PURCHASE IN THE CITY OF ELECTRICITY,METERED OR BOTTLED GAS AND WATER, TO CLARIFY THAT EACH SELLER OF THE COMMODITIES SHALL ACT AS THE COLLECTION MEDIUM AND AGENCY FOR THE COLLECTION OF THE TAX FROM THE PURCHASERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance 42009-014. City Attorney Ansbro noted that this Amendment to the Code of Ordinances would require each seller of these commodities to collect utility taxes and remit the taxes to the City within fifteen days following the month in which they were collected. Mayor Castro opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,August 11,2009—7:00 p.m. Vice-Mayor McElyea motioned to adopt Ordinance #2009-014, on second reading; seconded by Commissioner Duke. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor McElyea Yes Commissioner Duke Yes Mayor Castro Yes Commissioner Jones Yes City Attorney Ansbro advised the remaining items were quasi-judicial matters and swore-in those who would speak. He asked the Commission to disclose any communication they had on these matters. 9.3 ORDINANCE#2009-013 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES, TO CREATE SECTION 22.70 TO DESIGNATE THE "GRIFFIN ROAD PARTNERS HOTEL OVERLAY DISTRICT"; PROVIDING FOR APPROVAL OF A SHARED DISTRICT MONUMENT SIGN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2009-013 and Resolution #2009-144 because they relate to the same property. Corinne Lajoie, Principal City Planner, explained the location of the property and noted that since the original approval the site plan has been divided into three parcels owned by three different entities. She advised that the applicants are requesting the hotel overlay designation to allow shared parking and signage, to coordinate landscaping, pedestrian amenities, and vehicular movement. Ms. Lajoie advised that the applicant has met the criteria to qualify for the Hotel Overlay District designation. She further noted that the applicant is also requesting a variance to allow two identical monument signs to be placed at both entry points, which would assist tourists to identify the properties. Both the Planning and Zoning Board and staff recommend approval of the requests. Mayor Castro opened the Public Hearings. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearings. Commissioner Duke motioned to adopt Ordinance #2009-013, on second reading; seconded by Commissioner Jones. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor McElyea Yes Commissioner Duke Yes Mayor Castro Yes Commissioner Jones Yes 9.4 RESOLUTION#2009-144 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY NICK ECONOMOS, ON BEHALF OF THE PROPERTY OWNER, GRIFFIN ROAD PARTNERS, LLC, FOR PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF GRIFFIN Minutes of Regular Meeting g Dania Beach City Commission Tuesday,August 11,2009—7:00 p.m. ROAD AND RAVENSWOOD ROAD, (2081 GRIFFIN ROAD), IN THE CITY OF DANIA BEACH, FLORIDA, IN CONNECTION WITH THE PROVISIONS OF CHAPTER 28, "ZONING'; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Anton motioned to adopt Resolution #2009-144; seconded by Commissioner Jones. The motion carried on the following 4-1 Roll Call vote: Commissioner Anton Yes Vice-Mayor McElyea No Commissioner Duke Yes Mayor Castro Yes Commissioner Jones Yes 9.5 ORDINANCE#2009-011 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, ADOPTING AN AMENDMENT TO CHAPTER 28, "ZONING;' OF THE CODE OF ORDINANCES, RELATING TO ARTICLE 18 ENTITLED "INDUSTRIAL RESEARCH OFFICE MARINE (IROM) DISTRICT" TO PROVIDE FOR RECREATIONAL VEHICLE(RV) SALES AS A SPECIAL EXCEPTION USE;PROVIDING FOR CONFLICTS;PROVIDING FOR SEVER-ABILITY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2009-011, Resolution #2009-145, Resolution #2009-146, and Resolution#2009-147 because they relate to the same property. Mayor Castro, Commissioner Anton and Commissioner Jones disclosed they were contacted by the applicant. Commissioner Duke recused himself because his wife represents the owner of the property. Corinne Lajoie, Principal City Planner, explained the property is located in an Industrial- Research Office Marine (IROM) zoning district. She noted that the applicant is proposing to change the zoning code to permit the sales, leasing, display and repairs of recreational vehicles (RV) as a Special Exception Use. They are also requesting the following variances: unpaved, gravel parking in the display area; 50 parking spaces where Code requires 121; and two monument signs where Code allows only one. Lastly, Ms. Lajoie advised that the site plan request includes maintaining the existing structures for office and service, installation of solar lighting and enhancement to the existing landscaping. Staff recommends approval of the site plan, provided the other requests are granted. The Planning and Zoning Board recommends approval of all the requests. Mayor Castro opened the Public Hearings. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearings. Commissioner Anton liked the project and thought this type of business would fit well in the area. Commissioner Jones was pleased to see there would be job opportunities for our residents. Commissioner Anton motioned to adopt Ordinance #2009-011, on second reading; seconded by Commissioner Jones. The motion carried on the following 3-1 Roll Call vote: Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,August 11,2009—7:00 p.m. Commissioner Anton Yes Vice-Mayor McElyea No Commissioner Duke Recused Mayor Castro Yes Commissioner Jones Yes 9.6 RESOLUTION#2009-145 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VARIANCE REQUESTS SUBMITTED BY STEPHEN TILBROOK, ESQUIRE WITH THE FIRM SHUTTS & BOWEN LLP, REPRESENTING THE PROPERTY OWNER, ALAN GROSMAN OF 4300 RAVENSWOOD, LLC, FROM CHAPTER 28, "ZONING", ARTICLE 28,"SIGNS"AND ARTICLE 6.21,"OFF-STREET PARKING" AND THE ZONING APPENDIX, ARTICLE V "OFF-STREET PARKING REQUIREMENTS", FOR PROPERTY LOCATED AT 4310 RAVENSWOOD ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Jones motioned to adopt Resolution 42009-145; seconded by Commissioner Anton. The motion carried on the following 3-1 Roll Call vote: Commissioner Anton Yes Vice-Mayor McElyea No Commissioner Duke Recused Mayor Castro Yes Commissioner Jones Yes 9.7 RESOLUTION#2009-146 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST SUBMITTED BY STEPHEN TILBROOK, ESQUIRE WITH THE FIRM SHUTTS & BOWEN LLP, REPRESENTING THE PROPERTY OWNER, ALAN GROSMAN OF 4300 RAVENSWOOD, LLC FOR PROPERTY LOCATED AT 4310 RAVENSWOOD ROAD, DANIA BEACH TO ALLOW SALES, LEASING, DISPLAY AND REPAIR OF RECREATION VEHICLES AS A SPECIAL EXCEPTION IN AN IROM (INDUSTRIAL RESEARCH OFFICE MARINE)ZONING DISTRICT, FOR PROPERTY LOCATED AT 4310 RAVENSWOOD ROAD, IN THE CITY OF DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Commissioner Anton motioned to adopt Resolution #2009-146; seconded by Commissioner Jones. The motion carried on the following 3-1 Roll Call vote: Commissioner Anton Yes Vice-Mayor McElyea No Commissioner Duke Recused Mayor Castro Yes Commissioner Jones Yes 9.8 RESOLUTION#2009-147 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST (SP-19-09) SUBMITTED BY STEPHEN TILBROOK, ESQUIRE WITH THE FIRM SHUTTS & BOWEN LLP, REPRESENTING THE PROPERTY OWNER, ALAN GROSMAN OF 4300 RAVENSWOOD, LLC, FOR PROPERTY LOCATED AT 4310 RAVENSWOOD ROAD, IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Commissioner Anton motioned to adopt Resolution #2009-147; seconded by Commissioner Jones. The motion carried on the following 3-1 Roll Call vote: Commissioner Anton Yes Vice-Mayor McElyea No Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,August 11,2009—7:00 p.m. Commissioner Duke Recused Mayor Castro Yes Commissioner Jones Yes Commissioner Duke would like future projects where Ravenswood Road is involved, to be referred to as Angler's Avenue. 9.9 RESOLUTION #2009-148 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST SUBMITTED BY JODY OBERHOLTZER, MANAGING MEMBER OF GREEN OAKS LUC,FOR AN EXTENSION TO THE SITE PLAN (SP-74-07) ORIGINALLY APPROVED BY RESOLUTION 2008-116 ON JULY 22, 2008, FOR PROPERTY LOCATED AT 2960 SW 23RD TERRACE, IN THE CITY OF DANIA BEACH;PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2009-148. Kristin Dion, City Planner, explained the location of the property. She noted the applicant is requesting a one year extension of a previously approved site plan to construct a 33,000 square foot office/warehouse. The applicant stated that current economic conditions are the cause for the delay in construction. Staff recommended approval of the extension request, subject to the conditions previously approved by the City Commission. Mayor Castro opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Commissioner Duke motioned to adopt Resolution 42009-148; seconded by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor McElyea Yes Commissioner Duke Yes Mayor Castro Yes Commissioner Jones Yes 10. Discussion and Possible Action 10.1 Discussion of Amnesty Code Enforcement Proposal—Colin Donnelly/Nick Lupo Nick Lupo, Code Compliance Manager, distributed information regarding the 2009 Code Fine and Lien Amnesty Program, based on direction received from the Commission. He presented a PowerPoint overview of the program, which is attached to and incorporated into these minutes. Mr. Lupo asked the Commission for their input before implementing the program on September 1, 2009. Commissioner Jones motioned to move forward with the proposed Amnesty Code Enforcement Proposal; seconded by Commissioner Duke. The motion carried on the following 5-0 Roll Call vote: Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday,August 11,2009—7:00 p.m. Commissioner Anton Yes Vice-Mayor McElyea Yes Commissioner Duke Yes Mayor Castro Yes Commissioner Jones Yes Commissioner Jones asked Mr. Lupo to include a progress update of the program in the Monthly Report provided to the City Manager. 11. Commission Comments 11.1 Commissioner Anton Commissioner Anton complimented Public Services Director Orlando and the Stephenson/Cubellis team for a very nice presentation on the Library project. Commissioner Anton recognized Assistant City Manager Donnelly and Code Compliance Manager Lupo for their efforts in the preparation of the Code Amnesty Program which he hopes will be very successful. Commissioner Anton noted on Tuesday, August 4, we had a Commission Workshop to discuss the Airport Expansion issue which conflicted with the National Night Out on Crime. He explained that the attorneys and consultants invited to the meeting had a very tight schedule and this was the only date available for them. Commissioner Anton indicated that the turnout on both the Night Out on Crime and the Airport Workshop was excellent. He distributed a draft of a letter received from Special Counsel Neil McAliley, White and Case, regarding the Noise Mitigation Pilot Program. Commissioner Anton asked the other members of the Commission to review it and provide their feedback directly to City Attorney Ansbro, who would forward it to Attorney McAliley for our final comments to be sent to Broward County by September 1, 2009. He noted that there is also an appendix to the letter which lists the available options to the residents. Commissioner Anton thought the letter should be signed by Mayor Castro, or if it bears his signature, it should state that he is signing on behalf of the City Commission. Mayor Castro suggested posting the appendix to the City's Web Site with an explanation that these are some of the suggestions received at the August 4 meeting, to allow our residents to review them. Commissioner Anton noted he had given a copy of the draft letter with attachment to Jay Field, Chairperson of the Airport Advisory Board. The Commission generally agreed to have Mayor Castro sign the letter to be sent to Broward County. Commissioner Anton reiterated that people should not sign the Avigation Easement Agreement without seeking legal advice. Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,August 11,2009—7:00 p.m. 11.2 Commissioner Duke Commissioner Duke noted that he is impressed with the many projects and things that have happened during the six months he has been a Commissioner. He stated he is very excited to be part of this process and to see our community getting involved in most of the projects. Commissioner Duke also recognized the hard work of City staff to get things done professionally and in a timely manner. He said that if we stay focused and keep personal politics out of issues that should not be political, we are looking at renovating our City and catching up on some lost time. 11.3 Commissioner Jones Commissioner Jones talked about debris on SW I" Street. He noted the street was blocked at some point and is now open, with a gate. Commissioner Jones would like staff to look into the matter. Commissioner Jones congratulated Assistant City Manager Donnelly and Code Compliance Manager Lupo for their hard work on the proposed Code Amnesty Program. Commissioner Jones recognized Commissioner Anton for his tireless efforts to fight the Airport Expansion. He encouraged everyone in our City to get involved, since the South Runway would affect all of us. 11.4 Vice-Mayor McElyea Vice-Mayor McElyea noted the Night Out on Crime was very successful. Unfortunately he was unable to attend the Workshop on the Airport, which was held the same night. He congratulated BSO for their hard work in trying to eradicate crime in our community. Vice-Mayor McElyea stated he is very pleased to be back on the Commission and to see our City moving in the right direction. 11.5 Mayor Castro Mayor Castro agreed with the remarks made by her fellow Commissioners regarding the good things happening in our City. Mayor Castro thanked Commissioner Anton for arranging the Airport Workshop which was very successful. She was glad to see our residents talking so passionately about the Airport issue and appreciated everyone's participation. Mayor Castro reminded everyone that the Budget hearings will be held in September. She asked our residents to come and give their valuable input during these difficult economic times. Mayor Castro noted the "One Code" meeting will be held soon and added that the suggested changes will benefit the entire City. She encouraged everyone to participate and be heard in this community issue. Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday,August 11,2009-7:00 p.m. 12. Appointments Commissioner Jones appointed Alba Castillo to the Grant Advisory Board. Commissioner Anton motioned to approve the Board appointment; seconded by Vice- Mayor McElyea. The motion carried unanimously. 13. Administrative Reports 13.1 City Manager City Manager Baldwin asked the Commission to review the amendments made to the FY 2010 proposed Budget, in order to include any other changes into the upcoming Budget Hearings in September. City Manager Baldwin thanked City Attorney Ansbro for his assistance in the preparation of the Amnesty Code Enforcement Program. City Manager Baldwin advised that the Commissioners' signs in the parking lot are being re- painted. He also noted that the American flag will be replaced with a new one. City Manager Baldwin noted that staff will soon be scheduling a ribbon-cutting ceremony for the Linear Park. Mayor Castro suggested Ms. Stokrocki and those who want to be part of the Dania Beach Garden Club also attend the Linear Park celebration. Vice-Mayor McElyea questioned if the Beach Watch Restaurant has a new manager. City Attorney Ansbro noted that assigning the property to anyone or sub-leasing the restaurant would be a violation of the lease agreement, and a cause for termination. He further advised that staff is meeting with the Beach Watch tenants' lawyers next week to review a number of issues that need to be addressed. Both Commissioner Duke and Commissioner Jones asked staff to keep them informed of any issues related to the Beach Watch. Commissioner Anton noted the equipment used for presentations in the Chamber needs to be replaced and a new pointer purchased. He asked City Manager Baldwin to look into the matter. 13.2 City Attorney City Attorney Arsbro had no comments. Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday,August 11,2009—7:00 p.m. 13.3 City Clerk - Reminders Tuesday, August 19, 2009—6:00 p.m. Commission Workshop Unified Zoning Code Thursday, August 20, 2009—5:30 p.m. Executive Session (Union Negotiations) Tuesday, August 25, 2009—7:00 p.m. City Commission Meeting 14. Adiournment Mayor Castro adjourned the meeting at 9:26 p.m. /ATTEST- � Aw CITY OF DA/NIA�BEACH LOUISE STILSON, CMC 0�0 fro? ANNE CASTRO CITY CLERK — ` MAYOR-COMMISSIONER Approved: August 25, 2009 ATEU 19" Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday,August 11,2009—7:00 p.m. FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHOR TY,OR COMMITTEE u Q wA fifer 73r G AN,K Be4eti �oF o» MAILING ADDRESS L THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON 6Q 0 Slwy,d.&h �03 WHICH ISERVE IS UNIT OF: CITY �p COUNTY CITY ❑COUNTY ❑OTHER LOCAL AGENCY Dahta SAL l+ jZ{ aWAY(� NAME OF POLITICAL SUBDIVISION DATE ON WHICH VOTE OCCURRED vv DQh!!�- !/{LTC✓t .�1 MY POSITION IS: S/ a� 0 Z ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting;and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting,who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B-EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST c� Ifef u E k A I,_____� _________, hereby disclose that on___,Qu qu S f__f/____ __,20 �y (a)A measure came or will come before my agency which(check one) •� ___ inured to my special private gain or loss; ___ inured to the special gain or loss of my business associate,_______________________ f inured to the special gain or loss of my relative, --ors--�,Sa.-pA� (Ste be I ew)-------------- _ ___ inured to the special gain or loss of--------------------------------------------------- -----------------__, by whom I am retained; or ___ inured to the special gain or loss of______________________________ ___ ,which is the parent organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: �I M't JAM or Y�( quy-dINq q �l ( � 4he Q gdYtd& j S)it k;j pr� vl(4 hY--vided Ife'"SIV 444it-e S-e r✓aci1 14 �k BLvhGY e i- Ike �Y"�i� �' re JY ---------- 1 �� --------- 9 ----------- Date Filed Si n NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 813-EFF. 112000 PAGE 2 i DANIA BEACH PAUL DeMAIO LIBRARY CITY OF DANIA BEACH AUGUST 11 , 2009 cubellis ..s oil DANIA BEACH PAUL DeMAiO LIBRAR Y I SITE PLAN AS PER RFP. cubellis WEST DAMA BEACH BLV - •.e l N rrt.nm / y c i�ufw mr wu L• _ s e nAv.snwm i 9.W.PARK STREET WEST MNIA BEACH BLVD ra�A o f I J .. .. .. I . a 8• OMew�GV 1 . 1 ♦ ♦ ' 1 o annwrsw - � r DANIA BEACH Cil -IL)& BRIDE F PROJECT August 11, 2009 Assessment of Implementation Requirements Presentation Outline r Bridge projects Summary of efforts to-date TIGER grant evaluation i- Next steps to move projects forward CRA Plan � Ryy t Gbb�b �mObrb +IYM91ib ypYiblm�ml YIIabYYy M �. Ibw OVO>!w � bM)tiv lamas r YyerY ' iw.wuws 0eei° YraoaoYrbsYYw ° orrmsy Y DtyaliOM YMa�ib Y1t 4q0,! 1YYa ba�M ilYia ��YyaalKO a'� Summary of Efforts-to- Date Preliminary meetings with FDOT key personnel National Environmental Policy Act coordinator South Florida East Coast Corridor Study project manager Research SFECC study progress and rail design criteria Research existing bridge plans and roadway design criteria ( ) Review of TIGER grant application criteria TIGER Grant Overview L Transportation Investment Generating Economic Recovery (TIGER) Discretionary Grants L $ 1 .5 billion available nationwide Grants can range from $20 - $300 million to support high impact transportation projects Application Deadline — September 15, 2009 E Award Decisions — February 17, 2010 (now Jan) Priorities for Selection Preference Criteria Yes/No Shovel ready projects No Have necessary NEPA clearances No Using Federal funding to complete overall financing No Projects that can be constructed by Feb 2012 No Inclusion in State and County transportation plans No Completion of substantial preliminary engineering No Recommended Next Steps .T.. Initiate NEPA process to be eligible for federal funding or federal permits National Environmental Policy Act Conduct PD&E Study to conform with NEPA process Project Development and Environment Study L Identify funding for PD&E, design and construction Q Federal appropriations Federal earmarks o Local funding sources o Other sources Immediate Steps Begin Efficient Transportation Decision Making (ETDM) process City Responsibilities: Develop purpose and need statement Coordinate with FDOT regarding ETDM process FDOT Responsibilities: ETDM screening by agencies Class of action determination Develop NEPA scope, cost, schedule and funding Long -Term Steps Initiate PD&E process Final design and permitting Project bidding and construction Project Timeline ETDM Process 4 - 6 months NEPA/PD&E Process 18 - 60 months Final Design/Permitting 18 - 36 months Bidding/Construction 24 - 48 months Project Impacts Preliminary status of project Potential right-of-way needs L Potential property impacts ❑ Potential environmental impacts ❑ Potential community impacts o Maintenance of traffic issues i- FPL substation/transmission lines Multiple agency jurisdictions Federal permit requirements Primary Selection Criteria ❑ Long-Term Outcomes Priority to projects that have a significant impact on desirable long-term outcomes. o Improving the condition of existing transportation facilities and systems o Contributing to the economic competitiveness of the US over medium- to long-term o Improving quality of living/working environments o Improving energy efficiency, reduced dependence on oil e Improving safety of facilities and systems ❑ Jobs Creation and Economic Stimulus Priority to projects that quickly create and preserve job and stimulate rapid increases in economic activity Secondary Selection Criteria ❑ Innovation 13 Priority to projects that use innovative strategies to pursue long-terms outcomes described above ❑ Partnership u Priority to projects that demonstrate strong collaboration among a broad range of participants and/or integration of transportation with other public service efforts NEPA Process National Environmental Policy Act ( 1970) Applies to federal agencies and programs they fund Requires federal agencies to evaluate environmental effects when planning projects or issuing permits Three levels of analysis: Categorical exclusion determination (CE) Environmental Assessment/Finding of no Significant Impact (EA/FONSI) Environmental Impact Statement (EIS) Public involvement is an important part of NEPA FDOT PD&E Study Requirements Typically 18 months — 24 months r Max 5 years depending on complexity FDOT will still oversee the PD&E study Ei City will have participation in consultant selection process City will pay FDOT upfront L Construction funding needs to be identified before sign-off by FHWA on PD&E Study (within 5 years) USDOT View on TIGER c Department will consider on a case-by-case basis how much time after award each project has before funds must be expended Priority to projects that utilize innovative contracting approaches that encourage accelerated project delivery (ex: design build) Priority to projects that receive financial commitments from state and local governments M � s I e r. _.,��ooa000� o.�000 000000eoo � d r� r. r' +iD GRIFPIN RD. , 4 y iYv ,!e.it = i{4 �• yy " �► RR II NW 3flDFM Sk qfi ' to V T " r i F � y. q L y � ;ti b� g� S .'.�R.. �• t M. GRIFFINRO .A PF 17 >� � t��•� � Gee x �jt w . Elf fie: i 1 7[ �, « •Lio T F -J%m _A a Anr r tY .- _ b ,., E P Q , ,l`•,.'ce 3-Ns.e 'a t p� r Wf IN rH� pAI' oyf - aI 2 :.a'�'7'.` �•(1�� NW,3RD ST -7 we ® ¢ srUZ7 -1 ,om � S Vrt ��YYY�� Y Y # .♦ x� � I Y,. 1 1� 9 � � P 1 1� T .,,4 f }r FORM FOR ADDRESSING CITY COMMISSION AT REGULAR OR SPECIAL CITY COMMISSION MEETINGS The City is required by state law to keep minutes of City Commission meetings. To properly identify persons who address the City Commission in those minutes,the City requests that this form be completed and provided to the City Clerk,before the meeting begins. DATE OF COMMISSION ME G: 2004 PRINT NAME: ADDRESS: -, �107 E6i�-6 PHONE NO. (optional): PLEASE CHECK4Ni OR BOTH OF THE BOXES BELOW: 1) _CITIZEN COMMENTS: Comments by Dania Beach citizens or interested parties that are not part of the regular printed 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 The citizen comments'period shall begin promptly at 7:30 PM. 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 immediately prior to the beginning of the meeting of their intention to speak. If more than t0 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. PLEASE BRIEFLY DESCRIBE THE SUBJECT MATTER OF YOUR COMMENT: r �14M S OrC- --L 2 ,E)a4j Gr 2) —' _PUBLIC HEARINGS—ITEM # (AS PRINTED ON AGENDA) PLEASE NOTE: IF YOU WISH TO SPEAK ON AN ITEM THAT PERTAINS TO A"ZONING"TYPE OF MATTER(FOR EXAMPLE,A SITE PLAN, VARIANCE, SPECIAL EXCEPTION OR SIMILAR TYPE OF ITEM KNOWN AS A"QUASI-JUDICIAL"MATTER,YOU ARE SUBJECT TO BEING ASKED TO SWEAR OR AFFIRM THAT YOU WILL BE TRUTHFUL AS TO YOUR COMMENTS OR TESTIMONY. YOU MAY ALSO BE SUBJECT TO QUESTIONS ASKED OF YOU BY AN APPLICANT OR AN APPLICANT'S REPRESENTATIVE OR ATTORNEY WHICH RELATE TO THE ITEM. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR 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. 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 ANY CITY COMMISSIONER ON ANY MATTER OR ISSUE PURSUANT TO CITY ORDINANCE NO. 01-93. REGISTRATION FORMS AND COPIES OF THE ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE AT CITY HALL. G:IAgendaTUBLIC SPEAKING FORM.doc FORM FOR ADDRESSING CITY COMMISSION AT REGULAR OR SPECIAL CITY COMMISSION MEETINGS The City is required by state law to keep minutes of City Commission meetings. To properly identify persons who address the City Commission in those minutes,the City requests that this form be completed and provided to the City Clerk,before the meeting begins. DATE OF COMMISSION rMEETING: �9— /1 200 PRINT NAME: 4Ao L ` f` kao /��1 ('mil Ckf I ADDRESS: S — ! (�`'�` 7 p�/ PHONE NO. (optional): 6 � aO^�O PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW: 1) F-Y CITIZEN COMMENTS: Comments by Dania Beach citizens or interested parties that are not part of the regular printed 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. The citizen comments'period shall begin promptly at 7:30 PM. 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 immediately 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. PLEASE BRIEFLY DESCRIBE THE SUBJECT MATTER OF YOUR COMMENT: nr L� - T � rou .-�e�►ti- 2) Fj PUBLIC HEARINGS—ITEM# (AS PRINTED ON AGENDA) PLEASE NOTE: IF YOU WISH TO SPEAK ON AN ITEM THAT PERTAINS TO A"ZONING"TYPE OF MATTER(FOR EXAMPLE,A SITE PLAN, VARIANCE, SPECIAL EXCEPTION OR SIMILAR TYPE OF ITEM KNOWN AS A"QUASI-JUDICIAL"MATTER YOU ARE SUBJECT TO BEING ASKED TO SWEAR OR AFFIRM THAT YOU WILL BE TRUTHFUL AS TO YOUR COMMENTS OR TESTIMONY. YOU MAY ALSO BE SUBJECT TO QUESTIONS ASKED OF YOU BY AN APPLICANT OR AN APPLICANT'S REPRESENTATIVE OR ATTORNEY WHICH RELATE TO THE ITEM. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR 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. 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 ANY CITY COMMISSIONER ON ANY MATTER OR ISSUE PURSUANT TO CITY ORDINANCE NO. 01-93.REGISTRATION FORMS AND COPIES OF THE ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE AT CITY HALL. G:Wgenda\PUBLIC SPEAKING FORM.doc FORM FOR ADDRESSING CITY COMMISSION AT REGULAR OR SPECIAL CITY COMMISSION MEETINGS The City is required by state law to keep minutes of City Commission meetings. To properly identify persons who address the City Commission in those minutes, the City requests that this form be completed and provided to the City Clerk, before the meeting begins. DATE OF COMMISSION MEETIN : 200q_ PRINT NAME: I ADDRESS: PHONE NO. (optional): PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW: 1) CITIZEN COMMENTS: Comments is Beach citizens or interested parties that are not part of the regular printed agenda may be made during each Comnssio 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. The citizen comments'period shall begin promptly at 7:30 PM. 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 immediately 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 lint the number of speakers or amount of time per speaker. A speaker's time shall not be transferable to another speaker. PLEASE BRIEFLY DESCRIBE THE SUBJECT MATTER OF YOUR COMMENT: �) L C Y 5,400l S � 5 7 w 2) 1 PUBLIC HEARINGS—ITEM# (-AS PRINTED ON AGENDA) PLEASE NOTE:IF YOU WISH TO SPEAK ON AN ITEM THAT PERTAINS TO A"ZONING"TYPE OF MATTER(FOR EXAMPLE,A SITE PLAN,VARIANCE, SPECIAL EXCEPTION OR SIMILAR TYPE OF ITEM KNOWN AS A"QUASI-JUDICIAL"MATTER,YOU ARE SUBJECT TO BEING ASKED TO SWEAR OR AFFIRM THAT YOU WILL BE TRUTHFUL AS TO YOUR COMMENTS OR TESTIMONY. YOU MAY ALSO BE SUBJECT TO QUESTIONS ASKED OF YOU BY AN APPLICANT OR AN APPLICANT'S REPRESENTATIVE OR ATTORNEY WHICH RELATE TO THE ITEM. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR 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. 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 ANY CITY COMMISSIONER ON ANY MATTER OR ISSUE PURSUANT TO CITY ORDINANCE NO. 01-93.REGISTRATION FORMS AND COPIES OF THE ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE AT CITY HALL. G:\Agwda\PUBLIC SPEAKING PORM.doc FORM FOR ADDRESSING CITY COMMISSION AT REGULAR OR SPECIAL CITY COMMISSION MEETINGS The City is required by state law to keep minutes of City Commission meetings. To properly identify persons who address the City Commission in those minutes,the City requests that this form be completed and provided to the City Clerk, before the meeting begins. DATE OF COMMISSION MEETING: ✓ V ,200_� PRINT NAME: l=��� LL) ADDRESS: PHONE NO. (optional): PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW: I) t�K CITIZEN COMMENTS: Comments by Dania Beach citizens or interested parties that are not part of the regular printed 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. The citizen comments' period shall begin promptly at 7:30 PM. Bach 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 immediately 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. PLEASE BRIEFLY DESCRIBE THE SUBJECT MATTER OF YOUR COMMENT: /�o/L T 6 o'4�-A-Q 2) ' _PUBLIC HEARINGS—ITEM # (AS PRINTED ON AGENDA) PLEASE NOTE:IF YOU WISH TO SPEAK ON AN ITEM THAT PERTAINS TO A"ZONING"TYPE OF MATTER(FOR EXAMPLE,A SITE PLAN,VARIANCE, SPECIAL EXCEPTION OR SIMILAR TYPE OF ITEM KNOWN AS A"QUASI-JUDICIAL" MATTER,YOU ARE SUBJECT TO BEING ASKED TO SWEAR OR AFFIRM THAT YOU WILL BE TRUTHFUL AS TO YOUR COMMENTS OR TESTIMONY. YOU MAY ALSO BE SUBJECT TO QUESTIONS ASKED OF YOU BY AN APPLICANT OR AN APPLICANT'S REPRESENTATIVE OR ATTORNEY WHICH RELATE TO THE ITEM. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR 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. 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 ANY CITY COMMISSIONER ON ANY MATTER OR ISSUE PURSUANT TO CITY ORDINANCE NO. 01-93. REGISTRATION FORMS AND COPIES OF THE ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE AT CITY HALL. G:\AgendaTUBLIC SPEAKING FORM.doc FORM FOR ADDRESSING CITY COMMISSION AT REGULAR OR SPECIAL CITY COMMISSION MEETINGS The City is required by state law to keep minutes of City Commission meetings. To properly identify persons who address the City Commission in those minutes,the City requests that this form be completed and provided to the City Clerk,before the meeting begins. DATE OF COMMISSION MEETING: 200 . PRINT NAME: r ./ � �hc✓riJ cr rit . ADDRESS: PHONE NO. (optional): PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW: 1) ��CITIZENCOMMENTS: Comments by Dania Beach citizens or interested parties that are not part of the regular printed 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 The citizen comments'period shall begin promptly at 7:30 PM. 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 immediately 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. PLEASE BRIEFLY DESCRIBE THE SUBJECT MATTER OF YOUR COMMENT: 2) PUBLIC HEARINGS—ITEM# (AS PRINTED ON AGENDA) PLEASE NOTE: IF YOU WISH TO SPEAK ON AN ITEM THAT PERTAINS TO A"ZONING"TYPE OF MATTER(FOR EXAMPLE,A SITE PLAN, VARIANCE, SPECIAL EXCEPTION OR SIMILAR TYPE OF ITEM KNOWN AS A"QUASI-JUDICIAL"MATTER, YOU ARE SUBJECT TO BEING ASKED TO SWEAR OR AFFIRM THAT YOU WILL BE TRUTHFUL AS TO YOUR COMMENTS OR TESTIMONY. YOU MAY ALSO BE SUBJECT TO QUESTIONS ASKED OF YOU BY AN APPLICANT OR AN APPLICANT'S REPRESENTATIVE OR ATTORNEY WHICH RELATE TO THE ITEM. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR 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. 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 ANY CITY COMMISSIONER ON ANY MATTER OR ISSUE PURSUANT TO CITY ORDINANCE NO.01-93. REGISTRATION FORMS AND COPIES OF THE ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE AT CITY HALL. G:Wgmda\PUBLIC SPEAKING FORM.doc --�k q . I GRGabriel S Roeder Smith &Company One East Broward Blvd. 954.527.1616 phone Consultants&Actuaries Suite 505 954.525.0083 fax Fr.Lauderdale,FL 33301-1872 www.gabrielrooder.com August 11, 2009 Ms.Cathy David Administrator Dania Beach Police&Firefighters' Retirement System City of Dania Beach 113 S.W. 1st Street Dania Beach,Florida 33004 Dear Cathy: We have reviewed the proposed ordinance dated July 13,2009 amending the City of Dania Beach Police and Firefighters' Retirement System. This amendment would enact changes mandated under Chapter 2009-97 of the 2009 Florida Legislature as follows: • A retired member would be permitted to change his or her beneficiary designation up to two times without the approval of the Board or current beneficiary and without proof of good health of the current beneficiary. The current beneficiary need not be living. ■ The term of the resident members of the Board would be increased from two years to four years. • The plan administrator would be permitted to withhold insurance premiums from retirement payments as authorized by the Board. ■ The Board must publicly report the fund's holdings in scrutinized companies as defined in Florida Statutes, Section 215.473. Divestiture of such holdings must begin January 1, 2010 and be completed by March 1,2010. • In the event that the System is repealed,the plan sponsor would continue to financially support the System until all non-forfeitable benefits have been funded. hi our opinion,this amendment will have no actuarial impact on the Plan provided the updated benefit amount resulting from a beneficiary change described in the first item listed above would be actuarially equivalent to the original benefit amount. Because the change will not have an actuarial impact,it is our opinion that a formal Actuarial Impact Statement is not required. However,we recommend that you send a copy of this letter and the ordinance to Trish Shoemaker's office and to the Bureau of Local Retirement Systems. We welcome your questions and comments. Sincerely yours, i J. Stephen Palmquist,ASA Senior Consultant and Actuary JSP/ta �PpO's FIRST AUGusr /i� aoocl �,o cir gee OW� tW # tow r FLORIDA On PORgOV 2009 CODE FINE & LIEN AMNESTY PROGRAM INFORMATIONAL PROGRAM FACT SHEET ➢ The Code Fine & Lien Amnesty Program will be in effect in 2 stages from September I" through November 30", 2009, and December 1"through December 31",2009. ➢ Owners of properties that are in compliance with their code cases may settle their debt to the city by paying ONLY 25% of the face value of the code fine or lien, in addition to any real costs incurred by the city (legal fees,court fees, notice costs, nuisance abatement,etc.)during the first period of September 1"through November 30'",2009. After this initial period,an extended second period from December 1" through December 31", 2009, will be in effect, during which owners of properties that are in compliance with their code cases may settle their debt to the city by paying ONLY 50% of the face value of the code fine or lien,in addition to any real costs incurred by the city. ➢ Owners of non-compliant properties that are brought into compliance during this amnesty program are also eligible to settle their fines or liens in accordance with the guidelines listed above based upon their compliance date as issued by the case inspector and the terms of the period of time that applies. ➢ Only fines and liens resulting from code violations are eligible under this amnesty program. ➢ Fines and liens arising from lot clearing, board-ups, demolitions, nuisance abatement, 50/50 sidewalk repairs, water service, or any other city program are NOT ELIGIBLE under this amnesty program, and may require payment prior to an agreement or release of any code fines or liens due. D After December 31",2009,the settlement options as listed above will no longer be available and all fines and liens will return to 100%owed. ➢ All fines and liens not paid by December 31",2009,may be forwarded to collection agencies or legal counsel for aggressive collection,including foreclosure on personal property and lawsuits to obtain money judgment orders against property owners. D Payments must be made in person no later than 4:30 p.m. on the last day of each respective amnesty period for the terms of that period to apply(for 25%-November 30",2009,and for 50%-December 31",2009). ➢ Accepted methods of payment are: Personal Check,Cashier's Check,Money Order,and Cash. ➢ Hours of availability are 8:30 a.m. to 4:30 p.m. daily (excluding weekends and legal holidays), and appointments are available to discuss specific information or amounts owed in each case by contacting the Code Compliance Manager at the number listed below. Take advantage of this one-time, outstanding opportunity to settle your fine or lien for up to a 75% discount! For more information, please call the Code Compliance Unit at: 954-924-6810 Or visit us on the web at: WWW.DANIABEACHFL.GOV "Broward's First City" 100 West Dania Beach Boulevard,Dania Beach,Florida 33004 • Phone: 954-924-6800 9 www.daniabeachfl.gov FLORIDA 2009 CODE FINE & LIEN AMNESTY PROGRAM Date: Case Number: Property Owners)Name(s): — Property Address: Compliance Date as Issued in the Final Order: _ Actual Compliance Date per Inspector: Rate of Daily Penalty: Total Number of Days in Non-compliance: Total of Fine or Lien Due: Total Cost to City for this Case: Reduction as Applied Based upon Amnesty Period: 75%(25% due) 50%(50% due) Total Adjusted Fine or Lien Due: Total Owed to City including Costs: Approved by: Code Compliance Unit Rep: Finance Department Rep: This Payment Arrangement is Valid Only Until: at 4:30 p.m. Paid Via: Cash Personal Check Cashier's Check Money Order Date: By: Person Making Payment: "Bmward's First City" 100 West Dania Beach Boulevard,Dania Beach,Florida 33004 9 Phone: 954-924-6800 • www.daniabeachfl.gov v u ZZ LAm 1:6 kn W Co CA W 0 Q CV _ p O O O a---+ O 7 L.. 4- •O ->N O � N O CA . _ _ p C: U C6 cz Q O C : O - N N cn cc CD E •� _O(Nn O O�_ c� • � — 0- � m- >, N O CM C: U Ca O Q OCD- a) O -� U U N u) m Q 0 > U 2 L Q C6 m m O 0 oS E N oS E 0 N I..L -(n co IL (n M a) O a) O : CODU U -0 i o U o o U � O o � o (n a) -0 LL �■ � z � o � Q � CDE ~ LO _ c6 CQ o ono o � � cn CD �,4-0 O O0. iU) N L � 0 -0 _o Q N E a) U) U) � Q U i cv O U o o CO3co o O4--j o i _0 ._� O CO) Q ca o 0 0 O o Zoo -0 (n o UD U 4-0 }; . .� — C E Cc a� a) a� i70 CD 4-0 N i E O N cn L CD- � � O cy) "U •> �- E CO) > 2 E m E E am OU. 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