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1
MINUTES
DANIA CITY COMMISSION J
REGULAR MEETING
I Y'
AUGUST 13, 1996
CALL TO ORDER by Mayor Bertino at 7.30 P.M.
INVOCATION AND PLEDGE OF ALLEGIANCE
Reverend Bob Sands - Griffin Road Baptist Church
ROLL CALL x
i E ,
Present:
Mayor: John Bertino „{
Vice Mayor: Bobbie Grace r .
Rt Commissioners: Bill Hyde
Albert Jones
Bob Mikes
;r City Manager: Mike Smithy 4
City Attorney: Frank Adler
4� , y Recording Secretary: Charlene Saltalamacchia
t� PRESENTATIONS �r,^I
*Certificates of Appreciation - Gloria Daly, Chairperson BSO Dist. II Community Council x K"
>^ " On behalf of Gloria Daly, June Silvernale presented Certificates of Appreciation to Mayor
John Bertino, Commissioner Albert Jones, Jason Crams from Jones Intercable, Itsak es
'; ,, Dickstein - Neptune Fireworks, and Natalia Palmer. Special recognition was given to 8
I I ` `jr� ""' year old Natalia Palmer for her efforts that protected her mother from an intruder who broke
into their home in July. {
*BSO Employee of the Month -"
z d^ Chief Frey, BSO, commended Jani Scolaro, CSA, for her consistent and efficient job
performance as a Community Service Aide that provides assistance to the general public
t ' and BSO office. Jani Scolaro was then awarded the "Employee of the Month" for July
1996.
Chief Frey was sorry to report the death of a young man this past weekend. He urged
anyone with information on the incident to contact BSO. Vice Mayor Grace informed the
public that a fund-raiser will be conducted at the Air Pepsi-Dania Motocross Track on
'
Saturday evening for the victims family.
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ITEM 4.4 WAS HEARD AFTER PRESENTATIONS
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REGULAR MEETING 1 AUGUST 13l 1996
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THE CONSENT AGENDA WAS HEARD AFTER ITEM 4.2
ITEMS 1.5 AND 1.7 WERE PULLED FROM THE CONSENT AGENDA.
1. CONSENT AGENDA r;
Minutes
1.1 Regular Meeting July 23, 1996
1.2 Regular Meeting July 9, 1996
1.3 Regular Meeting June 25, 1996
Bills.
1.4 Bills for the month of June 1996. �
kn Resolutions M r
1.6 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING LEASE I
AGREEMENT BETWEEN DOLORES M. MASSELLI AND THE CITY OF DANIA ' s y
1 RELATING TO PROPERTY SITUATED AT 2229 GRIFFIN ROAD, APARTMENTS 1, 2
& 3; PROVIDING FOR AN EFFECTIVE DATE" �,
a r
A motion was made by Commissioner Hyde, seconded by Commissioner Jones totit
t approve the Consent Agenda with the exception of items 1.5 and 1.7. y,
ii The motion passed on the following roll call: p '
} Commissioner Hyde-yes Commissioner Jones-yes
Commissioner Mikes-yes Vice Mayor Grace- NOT IN THE ROOM
Mayor Bertino-yes ,' a
PULLED FROM THE CONSENT AGENDA i
* r 1.5 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, RECOGNIZING AND
o CONGRATULATING ST. RUTH MISSIONARY BAPTIST CHURCH, THE FIRST k
tr BLACK CHURCH ESTABLISHED IN DANIA, ON THE OCCASION OF ITS 88TH
ANNIVERSARY.
f rr' Commissioner Jones mentioned that St. Ruth Missionary Baptist Church is celebrating
1 their 88th anniversary and that the church is the oldest in the City of Dania.
t A motion was made by Commissioner Hyde, seconded by Commissioner Jones to
i adopt the resolution.
°i The motion passed on the following roll call: 4
e y 7 r
} Commissioner Hyde-yes Commissioner Jones-yes `. A.
Commissioner Mikes-yes Vice Mayor Grace- NOT IN THE ROOM
Mayor Bertino-yes
4
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REGULAR MEETING 2 AUGUST 13, 1996
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Ordinance:
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1.7 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, ADOPTING
NEWSRACK REGULATIONS; PROVIDING FOR THE PURPOSE AND
SCOPE OF THE NEWSRACK ORDINANCE; PROVIDING FOR
DEFINITIONS; PROHIBITING NEWSRACKS IN CERTAIN LOCATIONS
AND UNDER CERTAIN CONDITIONS; REQUIRING A PERMIT TO
MAINTAIN OR OPERATE A NEWSRACK; PROVIDING FOR AN
APPLICATION FOR A NEWSRACK PERMIT AND PROVIDING
CONDITIONS FOR ISSUANCE OF A NEWSRACK PERMIT; PROVIDING
FOR A HOLD HARMLESS AGREEMENT WITH THE CITY OF DANIA;
REQUIRING NEWSRACK IDENTIFICATION; REGULATING THEi
, - LOCATION, PLACEMENT AND NUMBER OF NEWSRACKS; (."^
PROVIDING FOR MAINTENANCE AND INSTALLATION OF F'
NEWSRACKS; PROVIDING FOR THE DETERMINATION OF
VIOLATIONS; PROVIDING FOR APPEALS; DETERPjIINING NEWSRACK
ABANDONMENT; PROVIDING FOR SEVERABILITY; PROVIDING THAT
s� ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; `
PROVIDING FOR AN EFFECTIVE DATE". Fra«
Commissioner Hyde was dissatisfied with the language in the Ordinance that gives
+ priorities to certain newsracks based upon how often the publication is printed.
Z y A motion was made by Commissioner Hyde, seconded by Vice Mayor Grace to adopt
the ordinance on first reading with the condition that items (i), (ii), (iii), and (iv) be
removed under#5 in Section 9 on pages 9,10 and 11 and by striking the last sentence `,
z'- in #5, Section 9 on page 10 that reads "In determining which Newsracks shall be ,
permitted to be located or to remain if already in place, the Growth Management +t'
Director shall be guided solely by the following criteria". +
The motion passed on the following roll call: i
Y T Commissioner Hyde-yes Commissioner Jones-yes
Commissioner Mikes-yes Vice Mayor Grace-yes
t. Mayor Bertino-yes
a
ITEM 4.5 WAS HEARD AFTER ITEM 1.7
,
2. PROCLAMATIONS -none
3. BIDS - none
� 4. PUBLIC HEARINGS
Ordinances R.
ITEM 4.1 WAS HEARD AFTER ITEM 4.3
REGULAR MEETING 3 AUGUST 13, 1996
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4.1 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, RELATING TO
STORMWATER MANAGEMENT; PROVIDING FOR STORMWATER
MANAGEMENT SERVICES AND THE IMPOSITION OF ASSESSMENTS
RELATED TO THOSE SERVICES WITHIN THE CITY; PROVIDING
DEFINITIONS AND FINDINGS; ESTABLISHING A STORMWATER UTILITY
AND PROVIDING ITS RESPONSIBILITIES; ESTABLISHING A
STORMWATER UTILITY FUND; AUTHORIZING THE IMPOSITION AND
COLLECTION OF STORMWATER ASSESSMENTS TO FUND THE COST OF
PROVIDING STORMWATER MANAGEMENT SERVICES; ESTABLISHING
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PROCEDURES FOR NOTICE AND ADOPTION OF STORMWATER
ASSESSMENT ROLLS AND FOR CORRECTION OF ERRORS AND
OMISSIONS; PROVIDING THAT STORMWATER ASSESSMENTS
CONSTITUTE A LIEN ON ASSESSED PROPERTY UPON ADOPTION OF
THE STORMWATER ASSESSMENT ROLLS; ESTABLISHING
PROCEDURES AND METHODS FOR COLLECTION OF STORMWATER (
ASSESSMENTS INCLUDING STORMWATER ASSESSMENTS IMPOSED ON '4
GOVERNMENT PROPERTY; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. (Second Reading of Ordinance)
k (Staff) {
f; City Manager Smith explained the City's stormwater management problems and the I 1
mandates imposed by the Environmental Protection Agency to improve the quality of
a the stormwater runoff. The Stormwater Assessment Program will cost the average
resident $20.00 per unit per year and will allow the City a steady revenue flow to `
address drainage problems. The program will also fund a three man crew to handle
t maintenance and the operation of a street sweeper and sewer vac truck.
y` Duncan Rose, Nabors, Giblin & Nickerson, P.A., explained the procedures and funding
structure created to implement the Stormwater Assessment Program.
„3 George Nickerson, Esq. informed the City Commission that the issue of exempting
churches and non-profit organizations has not been addressed in the ordinance. v 4{+
f Mayor Bertino opened the public hearing. a. 1u4'
'a The following residents spoke on the issue: Thomas Potullo, George Purinti, Jim Curits
and Dominick Austin.
Duncan Rose informed the public that the City's engineers, Berry & Calvin, have
developed a Master Drainage Plan and presented a general concept for integrating the
two phase stormwater system. The assessment fee will provide an enhanced
extraordinary maintenance program and needed capital improvements. Discussion
followed with residents in the southeast section on the possible relocation of SE 5th
Avenue.
Hearing no further comments, the Mayor closed the public hearing.
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REGULAR MEETING 4 AUGUST 13, 1996 `
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A motion was made by Commissioner Hyde, seconded by Commissioner Jones to
adopt the ordinance on second reading.
An amended motion was made by Commissioner Hyde, seconded by Commissioner
' Jones to amend the ordinance by excluding churches and non-profit organizations and
adopt the ordinance as amended on second reading.
s
The motion passed on the following roll call:
Commissioner Hyde-yes Commissioner Jones-yes
Commissioner Mikes-yes Vice Mayor Grace-yes
Mayor Bertino-yes
4.2 Initial Stormwater Management Resolution (Public Hearing on final
Resolution will be held September 10, 1996. r
"A RESOLUTION PERTAINING TO STORMWATER MANAGEMENT IN THE
CITY OF DANIA, FLORIDA, ESTIMATING THE COST OF STORMWATER
MANAGEMENT SERVICES PROVIDED BY THE CITY'S STORMWATER
UTILITY; DETERMINING THAT CERTAIN REAL PROPERTY WILL BE L
F ` : SPECIALLY BENEFITED THEREBY; ESTABLISHING THE METHOD OF
w,
r ASSESSING THE COST OF STORMWATER MANAGEMENT SERVICES 'sr
` AGAINST THE REAL PROPERTY THAT WILL BE SPECIALLY BENEFITED 'h
r THEREBY; DIRECTING THE CITY MANAGER TO PREPARE OR DIRECT THE i i•
d PREPARATION OF A TENTATIVE STORMWATER ASSESSMENT ROLL
BASED UPON THE METHODOLOGY SET FORTH HEREIN; ESTABLISHING A
PUBLIC HEARING FOR THE PROPOSED STORMWATER ASSESSMENTS
AND DIRECTING THE PROVISION OF NOTICE IN CONNECTION "s l
wF ;' THEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN a 4
tip EFFECTIVE DATE" r�rt
Mayor Bertino opened the public hearing. Hearing no one speak in favor or
z opposition, the Mayor closed the public hearing.
A motion was made by Commissioner Jones, seconded by Commissioner Hyde tou ,
amend the resolution to exclude churches and non-profit institutions and adopt the .;>
resolution as amended.
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The motion passed on the following roll call:
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` A Commissioner Hyde-yes Commissioner Jones-yes
Commissioner Mikes-yes Vice Mayor Grace-yes
4 Mayor Bertino-yes
THE CONSENT AGENDA WAS HEARD AFTER ITEM 4.2
ITEM 4.3 WAS HEARD AFTER ITEM 4.4 n
4.3 Public Hearing -FINAL RESOLUTION FOR SOLID WASTE ASSESSMENT
x { PROGRAM
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REGULAR MEETING 5 AUGUST 13, 1996
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"A RESOLUTION OF THE CITY OF DANIA, FLORIDA, RELATING TO THE f
COLLECTION AND DISPOSAL OF SOLID WASTE IN THE CITY OF DANIA,
FLORIDA; ESTABLISHING THE RATE OF ASSESSMENT; IMPOSING SOLID
WASTE SERVICE ASSESSMENTS AGAINST ASSESSED PROPERTY
LOCATED WITHIN THE GRIFFIN ROAD ANNEXATION AREA OF THE CITY
OF DANIA; THE INITIAL ASSESSMENT RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE"
Y
s, City Manager Smith explained that the Broward County Property Appraisers Office
refused to continue to collect solid waste fees for the properties located in the Griffin
t i? area when the City annexed in 1991, The City was forced to set up its own billing
system for solid waste services which has resulted in a low percentage on collection 4
t over the years. The City is now changing the method of billing by including the
charges on the Broward County tax bill in order to have a better collection rate.
Mark Lawson, Esq., Nabors, Giblin & Nickerson, P.A., clarified that the Solid Waste +
Assessment fee will only affect properties in the Griffin Road area and that the initial
stage of the program has reduced the outstanding delinquencies significantly.
�j
Mayor Bertino opened the public hearing.
` r
Jay Field recommended approval of the program. He confirmed the City's plans to go
'I out to bid for one garbage carrier in 1998 for both areas of the City. ;r
Susan Roppoli questioned the actual amounts due on the bill. City Manager Smith and <..
Mark Lawson apologized for the wording in the letter that was sent out as the word
"delinquent" was used instead of"outstanding" on up-to-date accounts. ik ,
Hearing no further comments, the Mayor closed the public hearing.
YSS�
T { A y tr„ A motion was made by Commissioner Hyde, seconded by Vice Mayor Grace to adopt
kr the final Resolution for the Solid Waste Assessment Program.
a The motion passed on the following roll call:
/ Commissioner Hyde-yes Commissioner Jones-yes
tr` Commissioner Mikes-yes Vice Mayor Grace-yes
I Mayor Bertino-yes
? ITEM 4.1 WAS HEARD AFTER ITEM 4.3
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• . ITEM 4.4 WAS HEARD AFTER PRESENTATIONS
r 4.4 Public hearing - FINAL FIRE RESCUE SERVICES ASSESSMENT
PROGRAM
gal, "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, RELATING TO THE
PROVISION OF FIRE RESCUE SERVICES, FACILITIES AND PROGRAMS IN
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REGULAR MEETING 6 AUGUST 13, 1996
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"A RESOLUTION OF THE CITY OF DANIA, FLORIDA, RELATING TO THE
COLLECTION AND DISPOSAL OF SOLID WASTE IN THE CITY OF DANIA,
FLORIDA; ESTABLISHING THE RATE OF ASSESSMENT; IMPOSING SOLID
WASTE SERVICE ASSESSMENTS AGAINST ASSESSED PROPERTY
LOCATED WITHIN THE GRIFFIN ROAD ANNEXATION AREA OF THE CITY
OF DANIA; THE INITIAL ASSESSMENT RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE"
City Manager Smith explained that the Sroward County Property Appraisers Office
refused to continue to collect solid waste fees for the properties located in the Griffin
area when the City annexed in 1991. The City was forced to set up its own billing
k, system for solid waste services which has resulted in a low percentage on collection
over the years. The City is now changing the method of billing by including the
charges on the Broward County tax bill in order to have a better collection rate. h j
Mark Lawson, Esq., Nabors, Giblin & Nickerson, P.A., clarified that the Solid Waste
Assessment fee will only affect properties in the Griffin Road area and that the initial
stage of the program has reduced the outstanding delinquencies significantly. r,xg u s F
s.j
t Mayor Bertino opened the public hearing.
> Jay Field recommended approval of the program. He confirmed the City's plans to go
out to bid for one garbage carrier in 1998 for both areas of the City.
it Susan Roppoli questioned the actual amounts due on the bill. City Manager Smith and
Mark Lawson apologized for the wording in the letter that was sent out as the word
"delinquent" was used instead of"outstanding" on up-to-date accounts.
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Hearing no further comments, the Mayor closed the public hearing.
A motion was made by Commissioner Hyde, seconded by Vice Mayor Grace to adopt
' t the final Resolution for the Solid Waste Assessment Program.
The motion passed on the following roll call:
Commissioner Hyde-yes Commissioner Jones-yes
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Commissioner Mikes-yes Vice Mayor Grace-yes
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Mayor Bertino-yes
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ITEM 4.1 WAS HEARD AFTER ITEM 4.3 r,
ITEM 4.4 WAS HEARD AFTER PRESENTATIONS
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1 4.4 P -
ublic hearing FINAL. FIRE
9 RESCUE SERVICES A5 ,
PROGRAM
rc "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, RELATI Cza",;rt
' PROVISION OF FIRE RESCUE SERVICES, FACILITIES AND PR
' x REGULAR MEETING 6 AUGUST 13, 1 ,
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' "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, RELATING TO THE
COLLECTION AND DISPOSAL OF SOLID WASTE IN THE CITY OF DANIA,
FLORIDA; ESTABLISHING THE RATE OF ASSESSMENT; IMPOSING SOLID
+ WASTE SERVICE ASSESSMENTS AGAINST ASSESSED PROPERTY
LOCATED WITHIN THE GRIFFIN ROAD ANNEXATION AREA OF THE CITY
OF DANIA; THE INITIAL ASSESSMENT RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE"
City Manager Smith explained that the Broward County Property Appraisers Office
aa'N refused to continue to collect solid waste fees for the properties located in the Griffin
area when the City annexed in 1991. The City was forced to set up its own billing
system for solid waste services which has resulted in a low percentage on collection
over the years. The City is now changing the method of billing by including the
charges on the Broward County tax bill in order to have a better collection rate. ' ry
Mark Lawson, Esq., Nabors, Giblin & Nickerson, P.A., clarified that the Solid Waste y`4
Assessment fee will only affect properties in the Griffin Road area and that the initial `
stage of the program has reduced the outstanding delinquencies significantly.
j
Mayor Bertino opened the public hearing.
Jay Field recommended approval of the program. He confirmed the City's plans to go
out to bid for one garbage carrier in 1998 for both areas of the City.
Susan Roppoli questioned the actual amounts due on the bill. City Manager Smith and
li Mark Lawson apologized for the wording in the letter that was sent out as the word t A f
"delinquent" was used instead of 'outstanding' on up-to-date accounts.
Hearing no further comments, the Mayor closed the public hearing. a r
i A motion was made by Commissioner Hyde, seconded by Vice Mayor Grace to adopt
" the final Resolution for the Solid Waste Assessment Program.
y� The motion passed on the following roll call �ar
Commissioner Hyde-yes Commissioner Jones-yes
i f Commissioner Mikes-yes Vice Mayor Grace-yes
a y. Mayor Bertino-yes
t ;
I ITEM 4.1 WAS HEARD AFTER ITEM 4.3
i ITEM 4.4 WAS HEARD AFTER PRESENTATIONS
4.4 Public hearing - FINAL FIRE RESCUE SERVICES ASSESSMENT
., PROGRAM �•.;
"A RESOLUTION OF THE CITY OF DANIA, FLORIDA, RELATING TO THE
rt PROVISION OF FIRE RESCUE SERVICES, FACILITIES AND PROGRAMS IN e
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Vf REGULAR MEETING
6 AUGUST 93, 1996QI
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THE CITY OF DANIA, FLORIDA; ESTABLISHING THE RATE OF
ASSESSMENT; IMPOSING FIRE RESCUE ASSESSMENTS AGAINST
ASSESSED PROPERTY LOCATED WITHIN THE CITY OF DANIA;
APPROVING THE ASSESSMENT ROLL; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE
DATE"
Mayor Bertino informed the public that everyone will have an opportunity to speak
during the public hearing on the Fire Rescue Assessment Program after the City
Manager, Fire Chief and consultants have had an opportunity to provide an overview
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of the program.
City Manager Smith advised the public that this is the final hearing on the proposed
► Fire/EMS Assessment Program. Broward County discontinued the practice of ?
collecting EMS fees (known as Minnet funds) last fall which represented a loss in j
k revenue for the City of Dania at around $250,000 a year. Mr. Smith mentioned that the 7
City recognizes a need for capital improvements and additional personnel in the Fire
Rescue Department to operate the department at the same level of excellence
expected by residents. The City Commission has held several meetings to define the v'
scope of the program and reach a balanced and fair approach to the methods used to ` ; a
pay for fire and rescue services. The law firm of Nabors, Giblin & Nickerson, P.A., {
attorneys for the City, provided a notice to each affected property owner. The City
Commission has since elected to exempt institutional properties, churches, schools z ,
and non-profit organizations that are otherwise tax exempt.
City Manager Smith advised that the assessment amount was determined by the call (:I �
load, the mix of property (residential, commercial, industrial and institutional), the level l •;
of service provided and the amount of dollars needed. The assessment will represent i
around 25% of the Fire Department operating budget. The City Commission has
Y; included a .65 mill tax roll back to assist residents with the assessment fee. Property
owners could receive additional tax relief if Broward County follows through on rolling
back the county tax rate by .27 mills. '4
Thomas Grammer, Fire Chief, and James Mulford, Division Chief, provided a slide
{ screen presentation on the following points of interest: a,
• The City of Dania provides a fully integrated one tier Fire Rescue System;
it i'1 h
► , i^ • Personnel are dual-cross trained firefighters and paramedics;
• The process started approximately 15 year ago to save money;
• The one tier system provides service all the way to the emergency room; ;
• The one tier system has proven to be the best system possible. There are two
t Advanced Life Support Transport Rescue Units on duty 24 hours a day 365 days a %.
year;
e` • Currently, there are 44 personnel cross-trained as firefighter/paramedics and one
secretary in the Fire Department;
The Dania Fire Department responded to over 4,100 calls (including fire and
emergency service rescue) from the two current stations this year; The projected
rate for the coming year is 4,800 calls;
REGULAR MEETING 7 AUGUST 13, 1996
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a, • The Dania Fire Department offers public education and training programs for the
9I public, schools, organizations and personnel. The Fire Prevention Bureau inspects
businesses and buildings in addition to plan review, arson investigation and
7 occupational licenses;
There has been a 12% increase in service for the first six months this year and the
transport rate is expected to increase close to this amount;
• Over 2,000 patients were transported last year.
• The cost for transportation is the same cost that was paid to the private ambulance
used by the City in the past.
• Transport fees go into the General Fund. Medical supplies are purchased by low
,y bid pricing and cooperative purchase pricing;
The City of Dania Fire Department has always been first in all major areas of
rescue service;
Capital Improvements
• A new fire station is needed to accommodate the valuable equipment and living
conditions for 5 to 6 people in the Griffin Road area; t
. �
Approximate Cost $650,000 a �;
Annual Cost 45,000
i
First Year 22,000 a
!S z • Cost to Refurbish Station #1 - $337,000 r
` Annual cost 23,000
pip First year 15,000
t( • Command Vehicles from Bronco to a Suburban $ 34,000
v.• = Annual 7,860
Three Fire Department Vehicles 54,000
Annual 12,000
` r • Fire Engine $350,000 Sr"
Annual 44,280
U • First year 22,000 .T
!' Mark Lawson, Nabors, Giblin & Nickerson, P.A. explained that his firm was hired by �
! the City to implement the Fire Rescue Assessment Program and that his office also
worked with consultants from Government Systems Group and David M. Griffith &
Associates. The three firms provided the following services:
• DMG reviewed the costs to run the Fire Rescue Budget to determine the revenues
r to be used towards the assessment program;
• NGN assisted the City to procedurally adopt the assessment program within the {•
constitutional requirements in the State and use an efficient collection assessment
method;
GSG brought expertise in merging the data from the Broward County Property
'Y Appraisers Data Base with information from the Fire Department to come up with
an approach that gages the historical demand that various property categories
10
have for fire services in order to divide the cost.
6 @ REGULAR MEETING 8 AUGUST 13 1996
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REPEALED TO THE EXTENT OF SUCH CONFLICT AND
PROVIDING FOR AN EFFECTIVE DATE."
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Will Allen, Growth Management Director, explained that this resolution is a follow up to
the resolution adopted in February which transmitted the EAR report to the
Department of Community Affairs. The Department of Community Affairs has since
noted some minor deficiencies in the report and the City has made those changes.
The City has until April 1997 to update the City's Comprehensive Plan which will
include the entire area west of Ravenswood Road,
7r Mayor Bertino opened the public hearing. Hearing no one speak in favor or opposition,
the Mayor closed the public hearing.
� g A motion was made by Commissioner Jones, seconded by Commissioner Hyde to
' as adopt the resolution. L1,
4, The motion passed on the following roll call: I
I ' �
Commissioner Hyde-yes Commissioner Jones-yes
Commissioner Mikes-yes Vice Mayor Grace- yes ;1 ,
Mayor Bertino-yes
4.6 Public Hearing -VA-06-96 - Request by Handy Storage Fourteen, Inc. as Y-
contract purchaser for variance from Section 6.21 Off-Street Parking of Chapter
w- 8, Zoning of the Dania Code of Ordinances. Section 6.21 requires 82 parking
spaces for the proposed storage warehouse development. The request is to iT
provide 29 parking spaces. (Property is legally described as: The Stirling
Road/Hawthorne Plat as recorded in Plat Book 146, Page 36 of the Public ;; , •'
w: Records of Broward County, Florida)
Will Allen, Growth Management Director, presented drawings of the storage f
warehouse development and explained the code requirements for the variance and
}& a site plan. The Planning & Zoning Board recommended approval with the following
I z conditions: r+
1. The use of the site be restricted to mini warehouses. �
+f' 2. No other occupational licenses be issued to the owner/operator. The Storage areas
cannot have separate licenses as is common in normal warehouse situations.
y y• 3. No outside storage should be permitted. This includes storage of vehicles, boats,
etc.
f 4. The owner shall maintain the landscaping along the west property line including the
' dr, area designated as an alley.
5. The petition not be forwarded to the City Commission until the delegation request is
approved by Broward County. The delegation request was approved on July 9, 1996,
based on the mini warehouse use.
r' Mr. Allen presented further comments regarding the site plan.
� 4
Mayor Bertino opened the public hearing. Hearing no one speak in favor or opposition,
the Mayor closed the public hearing.
rAJr,a2x, r REGULAR MEETING 10 AUGUST 13 1996
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Dick Funk, Handy Storage Fourteen, Inc., explained that the entire west property line
will be planted with new oak trees and include interior security lights. In regards to
drainage, Mr. Funk agreed that his engineer will have to design detention areas for the
site. Woody Freeze, Architect, mentioned their intentions to dish the swale areas that
surround the property for water retention.
A motion was made by Commissioner Jones, seconded by Commissioner Mikes to
continue the meeting past 12:00 midnight. The motion passed unanimously.
Commissioner Mikes asked the petitioner if he would be willing to remove the billboard
located on the site. Mr. Funk did not want to remove the billboard since it was part of
' the consideration for purchasing the property and a source of revenue for his
` f company.
A motion was made by Commissioner Mikes, seconded by Vice Mayor Grace to grant
VA-06-96 subject to the billboard being removed within two years after Certificate of
f n1
Occupancy, the conditions by the Planning & Zoning Board numbers 1 - 4 and the i
inclusion of drainage retention on SW 1st Street.
The motion passed on the following roll call: }
Commissioner Hyde-yes Commissioner Jones-yes
Commissioner Mikes-yes Vice Mayor Grace- yes
Mayor Bertino-yes a4 }+
a 5. SITE PLANS
A p
5.1 SP-07-96 -The request of Handy Storage Fourteen, Inc. as contract purchaser
s - = for site plan approval for storage warehouses at 400 Stirling Road (Immediately s
-full west of FEC railroad tracks and north of Stirling) '
r.
Will Allen, Growth Management Director, recommended approval of the site plan with
,2 the same conditions listed for the variance under item 4.6.
,y A motion was made by Commissioner Hyde, seconded by Vice Mayor Grace to '
approve SP-07-96.
t
,t The Commission decided that the conditions were not needed on the Site Plan as they
t were covered under the variance approval.
The motion passed on the following roll call:
Commissioner Hyde-yes Commissioner Jones-yes
Commissioner Mikes-yes Vice Mayor Grace- yes
Mayor Bertino-yes 4'
6. CITIZENS' COMMENTS - COMMENTS BY DANIA CITIZENS OR INTERESTED
PARTIES THAT ARE NOT A PART OF THE REGULAR AGENDA SHOULD BE GIVEN IN
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REGULAR MEETING 11 AUGUST 13, 1996 e,
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Dick Funk, Handy Storage Fourteen, Inc., explained that the entire west property line
will be planted with new oak trees and include interior security lights. In regards to
drainage, Mr. Funk agreed that his engineer will have to design detention areas for the
} site. Woody Freeze, Architect, mentioned their intentions to dish the swale areas that
surround the property for water retention.
A motion was made by Commissioner Jones, seconded by Commissioner Mikes to
continue the meeting past 12:00 midnight. The motion passed unanimously.
Commissioner Mikes asked the petitioner if he would be willing to remove the billboard
located on the site. Mr. Funk did not want to remove the billboard since it was part of
the consideration for purchasing the property and a source of revenue for his .
company.
p Y•
gr A motion was made by Commissioner Mikes, seconded by Vice Mayor Grace to grant
VA-06-96 subject to the billboard being removed within two years after Certificate of
Occupancy, the conditions by the Planning &Zoning Board numbers 1 -4 and the '
kl inclusion of drainage retention on SW 1st Street.
r° The motion passed on the following roll call: t
3
Commissioner Hyde-yes Commissioner Jones-yes
Commissioner Mikes-yes Vice Mayor Grace- yes 1: }
Mayor Bertino-yes
i p• " 5. SITE PLANS �
6.1 SP-07-96 -The request of Handy Storage Fourteen, Inc. as contract purchaser = +
for site plan approval for storage warehouses at 400 Stirling Road (Immediately
k, ` west of FEC railroad tracks and north of Stirling) 2,
Will Allen, Growth Management Director, recommended approval of the site plan with y4
the same conditions listed for the variance under item 4.6.
A motion was made by Commissioner Hyde, seconded by Vice Mayor Grace to �4 '
!i , • ,.. approve SP-07-96.
f t^ The Commission decided that the conditions were not needed on the Site Plan as they
were covered under the variance approval.
i The motion passed on the following roll call:
4
Commissioner Hyde-yes Commissioner Jones-yes
Commissioner Mikes-yes Vice Mayor Grace- yes
s• Mayor Bertino-yes
' 6. CITIZENS' COMMENTS - COMMENTS BY DANIA CITIZENS OR INTERESTED
PARTIES THAT ARE NOT A PART OF THE REGULAR AGENDA SHOULD BE GIVEN IN
REGULAR MEETING 11 AUGUST 13, 1996 t
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City Manager Smith mentioned that the Police & Fire and General Employees
Pension Funds employ professionals like money managers, fund custodians,
attorneys and actuarial firms who have expertise in the specialized field of pension.
Commissioner Jones, member on the General Employees Pension Board, informed
the Commission that the General Employee's Pension Board hired a monitoring firm
a few years ago in an effort to monitor the information provided from the investment
company. He suggested to hire this type of firm to review the Police & Fire Pension
Fund.
Commissioner Mikes expressed dissatisfaction with the salary increases in this year's
Fire Department Budget. City Manager Smith explained that the budget shows
increases from last year as well as this year because the union contract was not
' * settled until November of last year. New Fire Department personnel who are below
top grade will advance annually through their pay steps which provide them more }r
than a Cost of Living Adjustment. These increases only account for 25% of the
department and new employees hired two years ago have three more years before `
they top out. f "
<; Discussion followed on the need to define the framework of the Budget Advisory
Board and determine the cost involved with staff input and consultants before taking <
action on this item. ' s
A motion was made by Commissioner Hyde, seconded by Commissioner Jones to ,
f direct the City Manager to find out who the monitoring firm is through the General F $,
Employee's Pension Fund and hire them to monitor the Police & Fire Pension Fund.
} 1 The motion passed on the following roll call:
Commissioner Hyde-yes Commissioner Jones-yes
r Commissioner Mikes-yes Vice Mayor Grace- yes
Mayor Bertino-yes
�. 8.2 Ranking of audit proposals and authorizing staff to negotiate contract with the
` top ranked firm. (Staff)
City Manager Smith presented the ranking of the following three audit firms:
f
Grant Thornton
Sharpton, Brunson & Company, P.A.
Rachlin Cohen & Holtz
A motion was made by Commissioner Hyde, seconded by Mayor Bertino, after
passing the gavel to Vice Mayor Grace, to select Grant Thornton as the City's
auditing firm.
A substitute motion was submitted by Vice Mayor Grace, seconded by Commissioner
Jones to select Sharpton, Brunson & Company, P.A.
REGULAR MEETING 13 AUGUST 13, 1996
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The motion failed on the following roll call:
Commissioner Hyde-no Commissioner Jones-yes
Commissioner Mikes-no Vice Mayor Grace-yes
Mayor Bertino-no
The original motion made by Commissioner Hyde, seconded by Mayor Bertino to
select Grant Thornton passed on the following roll call vote:
Commissioner Hyde-yes Commissioner Jones-yes
Commissioner Mikes-yes Vice Mayor Grace-yes
Mayor Bertino-yes
ADDENDUM ;
8.3 Discussion of Trails End Airport Use Proposal. ``
Commissioner Mikes mentioned that plans are being proposed by the Ft. Lauderdale
Airport to use the Trails End property for a terminal for 60 buses and 96 taxis.
Commissioner Mikes was concerned with traffic and air pollution problems that
already exist in the area and that the proposed use may impact the residents even
more. He urged the City to take action to have Representative Anne MacKenzie and
Senator Ken Jenne individually meet with the Count y on the proposed use since the u+ "
;. „ matter should have been handled under the DRI process and public hearings should
r. °^ have been held.
City Manager Smith mentioned that the City's transportation consultants on the DRI
,) process and attorney Earl Gallop have been notified of the County's proposal. He n
. . was advised by George Spofford, Broward County Aviation Dept., that the proposed
tt ,
terminal will not operate on a 24 hour basis but rather twice a week for two to three
hours a day. The use appears to be less intensive than the rental car proposal
previously approved by the City Commission. The property does not belong to the
ZAy b
City any longer and the issue can only be addressed through legal means or the DRI
process for a compromise. Mr. Smith asked the Commission to extend him time to
review the proposal to determine the impacts on the community and air quality and
allow him to schedule a workshop meeting with Mr. Spofford to discuss the matter ':
further. The Commission generally agreed.
1 . y
9. APPOINTMENTS (all appointments were continued to August 27, f
t 1996)
9.1 Appointment of five members to the Airport Advisory Board.
i 9.2 One citizen appointment by City Commission and 3 citizen nominations from
City Commission for employees to vote for one member to the Civil Service
Board.
9.3 Appointment of two alternates to the Code Enforcement Board.
f; 9.4 Appointment of three members to the Community Affairs Advisory Board ;a
9.5 Mayor appointment of one member to the Dania Housing Authority.
t
REGULAR MEETING 14 AUGUST 13, 1996
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AGENDA
DANIA CITY COMMISSION
REGULAR MEETING
" AUGUST 13, 1996
7.30 P.M.
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 IS
REQUIRED IF ANY PERSON, FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY
PETITION OR ISSUE PURSUANT TO ORDINANCE NO. 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 7
PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT MARIE JABALEE, CITY CLERK, 100 W.
DANIA BEACH BLVD., DANIA, FL,33004, 921-8700 EXT. 202, AT LEAST 48 HOURS PRIOR TO THE MEETING.
CALL TO ORDER
INVOCATION AND PLEDGE OF ALLEGIANCE
* Reverend Bob Sands - Griffin Road Baptist Church !
ROLL CALL
7 �
I PRESENTATIONS
i± �z *Certificates of Appreciation - Gloria Daly, Chairperson BSO Dist. II Community Council r
*BSO Employee of the Month
1. CONSENT AGENDA
;%il Minutes
1.1 Regular Meeting July 23, 1996
i 1.2 Regular Meeting July 9, 1996
1.3 Regular Meeting June 25, 1996
Bills: l
1.4 Bills for the month of June 1996.
> Resolutions
Y
1.5 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, RECOGNIZING AND
CONGRATULATING ST. RUTH MISSIONARY BAPTIST CHURCH, THE FIRST
BLACK CHURCH ESTABLISHED IN DANIA, ON THE OCCASION OF ITS 88TH
ANNIVERSARY.
1.6 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING
LEASE AGREEMENT BETWEEN DOLORES M. MASSELLI AND THE
CITY OF DANIA RELATING TO PROPERTY SITUATED AT 2229
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GRIFFIN ROAD, APARTMENTS 1, 2 & 3; PROVIDING FOR AN
EFFECTIVE DATE"
Ordinance:
1.7 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, ADOPTING
NEWSRACK REGULATIONS; PROVIDING FOR THE PURPOSE AND
SCOPE OF THE NEWSRACK ORDINANCE; PROVIDING FOR
DEFINITIONS; PROHIBITING NEWSRACKS IN CERTAIN LOCATIONS
AND UNDER CERTAIN CONDITIONS; REQUIRING A PERMIT TO
MAINTAIN OR OPERATE A NEWSRACK; PROVIDING FOR AN
APPLICATION FOR A NEWSRACK PERMIT AND PROVIDING
CONDITIONS FOR ISSUANCE OF A NEWSRACK PERMIT; PROVIDING
FOR A HOLD HARMLESS AGREEMENT WITH THE CITY OF DANIA;
" REQUIRING NEWSRACK IDENTIFICATION; REGULATING THE
p" LOCATION, PLACEMENT AND NUMBER OF NEWSRACKS;
PROVIDING FOR MAINTENANCE AND INSTALLATION OF k I
NEWSRACKS; PROVIDING FOR THE DETERMINATION OF
VIOLATIONS; PROVIDING FOR APPEALS; DETERMINING NEWSRACK �.
ABANDONMENT; PROVIDING FOR SEVERABILITY; PROVIDING THAT
ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL f:
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT;
PROVIDING FOR AN EFFECTIVE DATE". '
2. PROCLAMATIONS-none
3. BIDS - none � f
3- 4. PUBLIC HEARINGS �' I
Ordinances f
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4.1 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, RELATING TO I
" STORMWATER MANAGEMENT; PROVIDING FOR STORMWATER ;
i £ MANAGEMENT SERVICES AND THE IMPOSITION OF ASSESSMENTS
RELATED TO THOSE SERVICES WITHIN THE CITY; PROVIDING
DEFINITIONS AND FINDINGS; ESTABLISHING A STORMWATER UTILITY
AND PROVIDING ITS RESPONSIBILITIES; ESTABLISHING A
STORMWATER UTILITY FUND; AUTHORIZING THE IMPOSITION AND
COLLECTION OF STORMWATER ASSESSMENTS TO FUND THE COST OF
i PROVIDING STORMWATER MANAGEMENT SERVICES; ESTABLISHING
PROCEDURES FOR NOTICE AND ADOPTION OF STORMWATER
ASSESSMENT ROLLS AND FOR CORRECTION OF ERRORS AND
OMISSIONS; PROVIDING THAT STORMWATER ASSESSMENTS
CONSTITUTE A LIEN ON ASSESSED PROPERTY UPON ADOPTION OF
THE STORMWATER ASSESSMENT ROLLS; ESTABLISHING
PROCEDURES AND METHODS FOR COLLECTION OF STORMWATER 5"
ASSESSMENTS INCLUDING STORMWATER ASSESSMENTS IMPOSED ON
s GOVERNMENT PROPERTY; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. (Second Reading of Ordinance)
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4.2 Initial Stormwater Management Resolution (Public Hearing on final
Resolution will be held September 10, 1996.
"A RESOLUTION PERTAINING TO STORMWATER MANAGEMENT IN THE
{ CITY OF DANIA, FLORIDA, ESTIMATING THE COST OF STORMWATER
MANAGEMENT SERVICES PROVIDED BY THE CITY'S STORMWATER
UTILITY; DETERMINING THAT CERTAIN REAL PROPERTY WILL BE
SPECIALLY BENEFITED THEREBY; ESTABLISHING THE METHOD OF
ASSESSING THE COST OF STORMWATER MANAGEMENT SERVICES
AGAINST THE REAL PROPERTY THAT WILL BE SPECIALLY BENEFITED
THEREBY; DIRECTING THE CITY MANAGER TO PREPARE OR DIRECT THE
PREPARATION OF A TENTATIVE STORMWATER ASSESSMENT ROLL
BASED UPON THE METHODOLOGY SET FORTH HEREIN; ESTABLISHING A
PUBLIC HEARING FOR THE PROPOSED STORMWATER ASSESSMENTS
AND DIRECTING THE PROVISION OF NOTICE IN CONNECTION
THEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE"
4.3 Public Hearing -FINAL RESOLUTION FOR SOLID WASTE ASSESSMENT 1
PROGRAM
i y
"A RESOLUTION OF THE CITY OF DANIA, FLORIDA, RELATING TO THE
COLLECTION AND DISPOSAL OF SOLID WASTE IN THE CITY OF DANIA, j
FLORIDA; ESTABLISHING THE RATE OF ASSESSMENT; IMPOSING SOLID
WASTE SERVICE ASSESSMENTS AGAINST ASSESSED PROPERTY
LOCATED WITHIN THE GRIFFIN ROAD ANNEXATION AREA OF THE CITY
�y OF DANIA; THE INITIAL ASSESSMENT RESOLUTION; AND PROVIDING '
FOR AN EFFECTIVE DATE"
4.4 Public hearing - FINAL FIRE RESCUE SERVICES ASSESSMENT
4 r; PROGRAM j
"A RESOLUTION OF THE CITY OF DANIA, FLORIDA, RELATING TO THE
- PROVISION OF FIRE RESCUE SERVICES, FACILITIES AND PROGRAMS IN
THE CITY OF DANIA, FLORIDA; ESTABLISHING THE RATE OF
ASSESSMENT; IMPOSING FIRE RESCUE ASSESSMENTS AGAINST
ASSESSED PROPERTY LOCATED WITHIN THE CITY OF DANIA;
APPROVING THE ASSESSMENT ROLL; PROVIDING FOR SEVERABILITY; `
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE
DATE"
f
4.5 Notice of Public Hearing - City of Dania Comprehensive Plan Evaluation
and Appraisal Report(EAR)
"A RESOLUTION OF THE CITY OF DANIA, FLORIDA, ADOPTING
THE PROPOSED EVALUATION AND APPRAISAL REPORT FOR
THE CITY OF DANIA'S COMPREHENSIVE PLAN; PROVIDING
THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH BE AND THE SAME ARE HEREBY
REPEALED TO THE EXTENT OF SUCH CONFLICT AND
e a' PROVIDING FOR AN EFFECTIVE DATE."
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4.6 Public Hearing -VA-06-96 - Request by Handy Storage Fourteen, Inc. as
contract purchaser for variance from Section 6.21 Off-Street Parking of Chapter
8, Zoning of the Dania Code of Ordinances. Section 6.21 requires 82 parking
spaces for the proposed storage warehouse development. The request is to
provide 29 parking spaces. (Property is legally described as: The Stirling
- « Road/Hawthorne Plat as recorded in Plat Book 146, Page 36 of the Public
Records of Broward County, Florida)
5. SITE PLANS
5.1 SP-07-96 -The request of Handy Storage Fourteen, Inc. as contract purchaser
for site plan approval for storage warehouses at 400 Stirling Road (Immediately
west of FEC railroad tracks and north of Stirling)
6. CITIZENS COMMENTS - COMMENTS BY DANIA CITIZENS OR INTERESTED of
I�-f PARTIES THAT ARE NOT A PART OF THE REGULAR AGENDA SHOULD BE GIVEN IN
WRITING OR COMMUNICATED VERBALLY PRIOR TO 4:00 P.M. THE SECOND (2ND) "* '
4 . AND FOURTH (4TH) MONDAY OF EACH MONTH. COMMENTS OF ANY NATURE WILL
r .1
BE RESPONDED TO BY THE OFFICE OF THE CITY MANAGER. IN THE EVENT THAT
THE CONCERN REMAINS UNRESOLVED, THE CITIZEN(S) OR PARTY WILL BE r
y ASKED TO ADDRESS THE CITY COMMISSION DURING THE MEETING.
7. EXPENDITURE REQUESTS -
7.1 Request to utilize Law Enforcement Trust Fund dollars as matching funds for
r >' Local Law Enforcement Block Grant Program (U.S. Department of Justice)
e 8. DISCUSSION AND POSSIBLE ACTION
8.1 Budget Committee review of Police & Fire Pension shortfalls. R
(Commissioner Mikes) 't
8.2 Ranking of audit proposals and authorizing staff to negotiate contract with the
;cR top ranked firm. (Staff)
q? 9. APPOINTMENTS
9.1 Appointment of five members to the Airport Advisory Board. '
9.2 One citizen appointment by City Commission and 3 citizen nominations from ='
City Commission for employees to vote for one member to the Civil Service
i Board.
9.3 Appointment of two alternates to the Code Enforcement Board.
9.4 Appointment of three members to the Community Affairs Advisory Board
9.5 Mayor appointment of one member to the Dania Housing Authority.
9.6 Appointment of one member to the Dania Economic Development and
Downtown Redevelopment Board.
9.7 Appointment of two members to the Human Relations Board.
9.8 Appointment of one member to the Parks & Recreation Advisory Board.
9.9 Appointment of Real Estate Appraiser to the Unsafe Structures Board.
F
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y• ADDENDUM
DANIA CITY COMMISSION
REGULAR MEETING
' AUGUST 13, 1996
5v
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8. DISCUSSION AND POSSIBLE ACTION
1 ,
8.3 Discussion of Trails End Airport Use Proposal. (Commissioner Mikes)
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r LAW OFFICES
BECKER & POLIAKOF'Fy P.A.
7
,ldnunistratke Office: flailing Address:
y== 3111 Siring Road P.O. Box 9057
w Ft L itiderdale. Florida 3331-65?5 Ft Lmderchle, Florida 33310-9057
f;f,
Phone: (9 0 987-7550 Fax: M-i) 985--1176
Floridaofnccs PL Toll Free: (A00)+3?-77IZ Reply To:
Inarnet: hRp ';',cxc„.hrckcr poliakoff.coni
Boca It;uon' Fort Lauderdale
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CI{,m{;ucr Direct Line
(954) 9854169
` I'I Laudcrd:dc
August 9, 1996
Melbourne'
x" 7 Miami VIA HAND-DELIVERY
s o,i.mal, Michael W. Smithy
Pon Chad,nt City Manager
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St. Peler,hurg City of Dania t,
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100 W. Dania Beach Blvd.
11ibhx„{•{• Dania, FL 33063
Tampa
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ve,l rJm Beach Re: City of Dania's Proposed Special Assessment for Fire Rescue
Services at Dania Jai Alai Palace
International offices Dear Mike:
sr 'rd11x"� , t
This letter will serve to follow-up on our conversation yesterday and my
{ r" NopieS Republic recent meeting with Frank Adler, on behalf of our client, Dania Jai Alai, in • , ',
of China
connection with the City's proposed special assessment for fire rescue services on
cze,haeh,,hs the Dania Jai Alai property, a copy of which Notice of Proposed Assessment is
r.
Bern,S,chzcrland attached hereto.
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e As we discussed, since Dania Jai Alai is a licensed pari-mutuel permit owner
a ix,�,>� � and operator regulated under Chapter 550, Florida Statutes, as amended, it is our
I� t;is position that the City is without legal authority to impose the proposed special
assessment for fire rescue services on Dania Jai Alai's property, in accordance with ,� t
` Section 550.105(8). That subsection provides in relevant part, as follows:
"The tax imposed by this section is in lieu of all
licensed, excise, or occupational taxes to the state or
Y = any county, municipality or other political
subdivision, except that if a race meeting is held or
' U.,`r conducted in a municipality, the municipality may
'h t assess and collect an additional tax against any person
`t t conducting live racing or games within its corporate
limits, which tax may not exceed ... $50.00 per day
for dog racing or jai alai. Except as provided in this
;5 416 !
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. Michael W. Smith
<.` City Manager
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ti City of Dania
August 9, 1996
Page -2-
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chapter, a municipality may not assess or collect any additional
excise or revenue tax against any person conducting race
meetings within the corporate limits of the municipality or
against any patron of any such person." (Emphasis supplied)
While it is not our intention to seek to challenge the City's special assessment ordinancei1
or legality of the proposed assessments as they generally apply to properties in Dania, a fair 1,•�
, .
reading of the above-quoted subsection of Chapter 550 effectively prohibits the City of Dania tt' t
from imposing the proposed special assessment for fire rescue services on Dania Jai Alai's ,
+, property. Our position is also supported by the Florida Supreme Court's decision in Town of
n Hallandale v Broward County Kennel Club, 10 So.2d 810 (Fla. 1942), in which the Court
` recognized the preemption of all taxation of pari-mutuel facilities to the State of Florida. The
Court concluded that the predecessor law to Chapter 550, regulating pari-mutuel operations Y`'aFr , 4Y
superseded a municipality's authority to impose an excise tax on the Broward County
k (Hollywood) Kennel Club. In so holding, the Court concluded that the State law preemption on
taxation of parimutuel facilities was consistent with the Florida Constitution and recognized that ',
the municipality's only authority to impose a tax or fee on a parimutuel facility was limited to ¢' ,
t the daily tax expressly authorized by the predecessor provision to Section 550.105(8), Florida
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Statutes.
Similarly, in 1994, at the request of the City of Dania, Florida Attorney General, Bobr4
Butterworth, issued an opinion (AGO-94-1) that essentially followed the Supreme Court's ` M .
decision in the Town of Hallandale case, in which he opined that the City of Dania was legally
afs, precluded from imposing an admissions tax on Dania Jai Alai in light of the limitations contained Yr
r on the City's ability to impose taxes on pari-mutuel facilities contained in Section 550.105(8), s ,
Florida Statutes. `
� 4
tIn my recent meeting with your City Attorney, Frank Adler, I discussed this matter with
him at some length and he was familiar with the issues and the legal authorities cited above, and
' indicated to me that he concurred in our position and reading of Section 550.105(8) as it relates
" to the City's lack of authority to assess the Dania Jai Alai property, and he suggested I write to t
you to set forth our position. '
While Dania Jai Alai certainly appreciates your comments that the City's property taxes '
on the Dania Jai Alai property may be somewhat reduced on a one-time basis for the coming
year, that does not mean the City can legally assess the Dania Jai Alai property in light of
Section 550.105(8), Florida Statutes. As you know, Dania Jai Alai is an excellent corporate
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Michael W. Smith
City Manager
City of Dania
August 9, 1996
Page -3-
citizen in the City and has for several years and continues to pay to the City of Dania over
4.� $40,000 per year for extra fire-rescue personnel to be present at its facilities during its jai alai
i performances. "
Accordingly, we would appreciate your discussing this matter with Mr. Adler and PNVO+
receiving your written confirmation that the City will take the necessary steps to forego its r;r
planned imposition of a special assessment for fire rescue services on Dania Jai Alai's property. `
r qq�.+
Thank you in advance for your prompt attention and cooperation on this important issue.
ncerely,
t S �
1 , V ALA KOSLOW
r' y For the Firm
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Enclosure a+
3 'r cc: Frank Adler, Dania City Attorney
Stephen F. Snyder, President, Dania Jai Alai M
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* * * * * NOTICE TO PROPERTY OWNER
s City of Dania
100 West Dania Beach Boulevard CITY OF DANIA, FLORIDA
Dania, Florida 33063 NOTICE OF HEARING TO IMPOSE AND PROVIDE
FOR COLLECTION OF FIRE RESCUE NON-AD
VALOREM ASSESSMENTS
NOTICE DATE: July 23, 1996
[13291
DANIA JAI ALAI PALACE INC Revenue Collection#10234.00-05600
PO BOX 96 Property Appraiser#504234000560
z DANIA FL 33004-0096 Legal Description:34-50-42 W112 OF E1/2 OF NE1/4 OF SE1/4
1 As required by Section 197.3632, Florida Statutes, notice is given by the City of Dania that an annual ,
{ assessment for fire rescue services using the tax bill collection method, may be levied on your property for the j
fiscal year October 1, 1996 - September 30, 1997. The purpose of this assessment is to fund fire rescue
services benefiting improved property located within the City of Dania. The total annual fire rescue
assessment revenue to be collected within the City of Dania is estimated to be $1,169,546. The annual fire
rescue assessment is based on the classification of each parcel of property and number of billing units I?
contained therein.
The above parcel is classified as Commercial. f l
The total number of billing units on the above parcel is 1 billing unit within the non-residential classification '
range of>50,000 square feet. I • ,
The annual fire rescue assessment for the above parcel is $3,585.06. j
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3 A public hearing will be held at 7:30 p.m. on August 13, 1996, in the City Commission Chambers of City Hall,
100 West Dania Beach Boulevard, Dania, Florida for the purpose of receiving public comment on assessments. the
+ proposed p ssessments. You and all other affected property owners have a right to appear at the hearing and
to file written objections with the City Commission within 20 days of this notice. If you decide to appeal any
decision made by the City Commission with respect to any matter considered at the hearing, you will need a
record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and
evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act,
persons needing a special accommodation or an interpreter to participate in this proceeding should contact the
s,
City Clerk's office at (954)921-8700, extension 202, at least two days prior to the date of the hearing.
Unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20 days from the
v
date of City Commission action at the above hearing (including the method of appertior,ment, the rate of �
assessment and the imposition of assessments), such action shall be the final adjudication of the issues
presented.
Copies of the Fire Rescue Assessment Ordinance, the Initial Assessment Resolution and the preliminary
y assessment roll are available for inspection at the City Clerk's office in the Municipal Building, located at 100
F
West Dania Beach Boulevard, Dania, Florida.
Both the fire rescue non-ad valorem assessment amount shown on this notice and the ad valorem taxes for
the above parcel will be collected on the ad valorem tax bill mailed in November. Failure to pay the
assessments will cause a tax certificate to be issued against the property which may result in a loss of title.
If there is a mistake on this notice, it will be corrected. If you have any questions regarding your fire rescue
assessment, please contact the City Fire Rescue Department at (954)921-8700, extension 205, Monday
through Friday between 9:00 a.m. and 5:00 p.m. If you have a correction, please fill out the enclosed
orrection request card and return it to the City immediately.
* * * * * THIS IS NOT A BILL '* ** *
"
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CITY OF DANIA /l
INTEROFFICE MEMORANDUMv/
GROWTH MANAGEMENT DEPARTMENT
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TO: Michael Smith
City Manager
FROM: Will Allen �,�
Growth Management Director 0;,0 UJCXv,�, ,
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" RE: ADOPTION OF EVALUATION AND APPRAISAL REPORT
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r' Date: August 8, 1996
Please schedule a public hearing for the August 13, 1996 City Commission meeting
'
a� P 9 9 Y 9 �
concerning the adoption of the Evaluation and Appraisal Report (EAR) for the City of
Dania Comprehensive Plan. This is a follow up to the action taken by Resolution No 1'
176-95 which authorized transmittal of the EAR to the Department of Community
Affairs. In March of 1996 the Department of Community Affairs completed its review of
the proposed EAR. The attached materials are responses to the deficiencies noted in
that March 8, 1996 letter.
' The consultant to the City of Dania, Leigh Kerr, will be at the meeting to present the j
Z. EAR. The issues raised by DCA were relatively minor and were primarily housekeeping
type corrections.
A resolution is attached which adopts the Evaluation and Appraisal Report. The
a
adoption of the EAR will guide the City toward a series of amendments to the ; -
',< Comprehensive Plan which must be accomplished within the next year.
Attachments
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NOTICE OF PUBLIC HEARING
CITY OF DANIA
F
COMPREHENSIVE PLAN EVALUATION
AND APPRAISAL REPORT (EAR)
A Public Hearing will be conducted by the City Commission of the City of Dania to adopt
by Resolution the Evaluation an Appraisal Report (EAR) of the City of Dania's
Comprehensive Plan.
DATE: August 13, 1996
TIME: 7:30 p.m. or as soon thereafter as the same may be heard
PLACE: City Commission Chambers
Dania Administrative Center {
100 West Dania Beach Blvd.
Dania, FL 33004 ,i
The EAR is a report evaluating conditions city-wide at the time of the Comprehensive i
Plan's adoption and at the time of the preparation of the EAR. All Plan Objectives and
Policies are reviewed, and an assessment is made to determine the extent that the
Objectives and Policies have been achieved in the report. Changes or amendments s
are suggested as needed to update the Plan or its Elements, including reformatting t
P Plan Objectives, Policies and Standards.
The purpose of the EAR Public Hearing is to adopt the EAR and afford the public an
opportunity for comments in, accordance with State Statutes and Rule 9J-5, Florida
Administrative Code.
For information about the EAR, contact the City's Growth Management Department at
(954) 921-8700 x255. Interested persons are invited to attend the Public Hearing
and/or provide written or verbal comments on the proposed EAR.
FOR INFORMATION REGARDING THE EAR, THE SCHEDULE OF ACTIVITIES OR ANY
ASPECT OF THE EAR PROCESS, CONTACT THE OFFICE OF THE GROWTH
j `'` MANAGEMENT DEPARTMENT, CITY HALL, 100 WEST DANIA BEACH BLVD., DANIA, !"
i FLORIDA. A COPY OF THE PROPOSED EAR MAY BE INSPECTED BY THE PUBLIC
DURING NORMAL WORKING HOURS.
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.
WILL ALLEN
GROWTH MANAGEMENT DIRECTOR
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
ADOPTING THE PROPOSED EVALUATION AND
APPRAISAL REPORT FOR THE CITY OF DANIA'S
COMPREHENSIVE PLAN; PROVIDING THAT ALL
RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH BE AND THE SAME ARE
HEREBY REPEALED TO THE EXTENT OF SUCH
CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS The Dania Growth Management Department is updating th iILI
g p p g e City's
Comprehensive Plan through the State of Florida's mandated Evaluation and Appraisal
Report (EAR) process; and {
WHEREAS, The purpose of the EAR is to evaluate and assess the
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Comprehensive Plan in accomplishing its adopted objectives and to suggest changes
i
or amendments needed to update the plan or its elements, including reformulated
objectives, policies and standards; and :` d
WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning
.f Agency (LPA) held a meeting on December 7, 1995 nd recommended to the City
t = Commission transmittal of the proposed Evaluation and Appraisal Report; and =.
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' WHEREAS, The City Commission held a public hearing meeting on December a
12, 1995 authorizing transmission to the State of Florida Department of Community
s Affairs, the proposed Evaluation and Appraisal Report; and
WHEREAS, The Department of Community Affairs reviewed the Evaluation and
Appraisal Report by conducting a sufficiency review pursuant to Florida Statute Section
x xti
163.3191(g) and provided comments to assist in the preparation of the EAR; and
t WHEREAS, The comments made by the Department of Community Affairs have
5 '
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been incorporated into the EAR; and
F
WHEREAS, pursuant to Rule 9J-5.0053(3)(g), F.A.C. the local governing body
` must adopt, or adopt with changes, the proposed EAR.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA, FLORIDA:
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' Resolution No.! a 4
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Section 1 Pursuant to Florida Statutes 163.3191, the City of Dania adopts the
Evaluation and Appraisal Report after the public hearing held on August 13, 1996 by
the Dania City Commission.
Sectlon 2 The City Clerk is hereby authorized to send copies of the adopted
Evaluation and Appraisal Report of the City of Dania's Comprehensive Plan,
incorporating responses to the sufficiency issued raised by the Department of
n Community Affairs, to the D.C.A. for their review immediately following the
Commission's public hearing.
Section 3 That all resolutions or parts of resolutions in conflict herewith be j
j 1
and the same are hereby repealed to the extent of such conflict. � 7
Iy Section 4 That this resolution shall be in force and take effect immediately ,
1
upon its passage and adoption.
41
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PASSED AND ADOPTED on this day of 1996.
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ATTEST: ed
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7 CITY CLERK -AUDITOR MAYOR - COMMISSIONER '
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APPROVED FOR FORM
' AND CORRECTNESS:
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CITY ATTORNEY
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Resolution No.
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09-09-19% 0^ 43Am FROM KERR R ASSOCIATES, INC. TO DPNIR P.01
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& A►ssociates, Inc.
- � Manber.Ame,kan Insftte
or oemnen Planners
August 8 1996
Will Allen, AICP
Growth Management Director
City of Dania
Growth Management Department
100 West Dania Beach Boulevard,
ty ;
Dania,Florida 33004
++• RE: DANIA EAR SUFFICIENCY ISSUES i
Dear Mr. Allen: f
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Attached please find the amendmentsto the EAR for the City of Dania incorporating the `
sufficiency issues raised in the Florida Department of Community Affairs' March 8, 1996
letter. For convenience the following table will provide a brief overview of each issue,
f 6'
" whale it is located or how it will be addressed in the future.
)RIernerrt Comment Response
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Land Use I Population estimate for 1995 has been included on the
r attached,Future Land Use,Page 7.
2 The potable water deficiencies have been identified on the y i&,ached on page 8.
3 The maps and matrix have been updated to indicate potable
z water wellfields and cones of influences,
5 A map has been included to identify the annexed area west of
Ravenswood Road. This area will be fully addressed in the
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Plan Update.
6 The attached section,Problems with Development,has been ?
updated to specifically address the issues related to the
annexed area. All these issues will be addressed in the Plan ;
j Update for the City of Dania.
i Traffic 7 The matrix has beam updated to indicate that the traffic
( Circulation circulation will be updated in accordance with State rules.
8 The existing Traffic Circulation Map and EAR Traffic
1 ' ;• Circulation,Page 1,have been updated to indicate limited
?" access facilities as required.
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° Planning • Zoning • Isrnd Use • Expert Testimony •n.
808 East Las Qlas Boulevard, Suite 104,FL Lauderdale,Florida 33301
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Phone: (854)467-M Fwc(954)467.6309
RUG09-1996 07:34 954 467 6309
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D. RECREATION/CONSERVATION
The recreational facilities have not decreased by 8 acres as
' indicated on Table I. The difference is in an error discovered in the
1989 plan and not to a decrease in acreage. The 192 acres
indicated in Table I makes up 7% of the total.
E. COMMUNITY FACILITIES
Community facilities have increased by 45 acres due to the
�'- expansion of the airport into the NE section of the city. This is
* reflected in Table III in Flex Zone 79.
F. HISTORICAL RESOURCES - No Change
G. VACANT
Vacant land now represents 25% of the city or 744 acres with a
majority of vacant land to the east of the airport and along the 1-95 ;
corridor. In 1989 vacant land was 33% of the city or 956 acres, a } M;
f{ decrease of 212 acres.
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H. POPULATION PROJECTIONS (Actual population as of the 1990
census)
1989 1990 1995
Residents 11,951 11,894 14,114 1 includes seasonal residents "±
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r Seasonal 1,182 1,130
r Broward County Strategic Planning and Growth Management `
The projections for 1988 were slightly off as Dania did not increase
t` it's population at the rate anticipated.
III. ANALYSIS REQUIREMENTS (Availability of Services) [9J-5.006(2)(a)]
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A. AVAILABILITY OF SERVICES. (SERVICES)
1. TRAFFIC CIRCULATION
No Change - See Traffic Circulation Element for specific
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2. SANITARY SEWER
No Change - See Sanitary Sewer, Solid Waste, Drainage
Element for specific details.
3. SOLID WASTE
The city has entered into a contract with Reuter, Inc. to
provide solid waste disposal at a composting and
recycling plant in Pembroke Pines. At the present time the
city is recycling approximately 100% of its Solid Waste.
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(See Sanitary Sewer, Solid Waste, Drainage Element for ,,
more details.) '
4. DRAINAGE A
No Change - See Sanitary Sewer, Solid Waste, Drainage d y:
Element for more details.
7 ' 5. POTABLE WATER
No ChangeThe current status of the the three areas of
the City where potable distribution deficiencies were
identified in the Comprehensive Plan are as follows: a
a) Melaleuca Isles is situated immediately south of the
? is 4k Fort Lauderdale Hollywood International Airport and
west of US 1. Due to its proximity to the airport and
.l the planned expansion of the airport which has been +:
in the planning phases for several years, the water s !
system improvements have not occurred in this area
'> due to the unknown impact the billion dollar airport AI'
expansion plan may have to this neighborhood.
f' b) Southeast Area: the distribution system for the
c - southeastern area has been improved and bolstered
I with a 12" lines and the problem has been rectified.
c) Northeast Area (Gulfstream and HarbourTowne):
C
This area has received the new 12" water line which
,'. has rectified the problem in the this vicinity of the
City.
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The impact of the proposed expansion of the Ft. Lauderdale Airport will
greatly effect the future land uses of the city. The full impact of this
expansion has not yet been determined. However the impact on
revenues is already being felt from the loss of tax base.
The annexation of the lands west of Ravenswood road have greatly
impacted the needs for public services. The impact and land uses will be
addressed at the time the city develops it's new Comprehensive Plan in
1996.
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TRAFFIC CIRCULATION ELEMENT
CONDITIONS AT ADOPTION
I. DATA REQUIREMENTS [9J-5.007(1)(a)(b)&(c)]
A. Trafficways Plan
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The roads identified on the City of Dania's Future Land Use Plan
i map and on the Traffic and Circulation Plan are consistent with
those found on the Broward County Trafficways Plan. This
(` consistency with County requirements will be maintained as
►a follows:
E;f Exaressways(Limited Access) i
1. Interstate 95 (1-95)
Interstate 95 running along Dania's western edge traverses
a primarily industrial and vacant area of the City.
2. Port Expressway (1-595)
' The Port Expressway will have minimal direct effect on the
,# community since it runs along the northern City limits. i
ti Principal and Min0r Arterials
fi` r 1. Federal Highway (U.S. 1)
Federal Highway connects the communities north of Dania
?$; ' with those lying to the south. "
2. N.W. / N.E. 10th Street
N.W. / N.E. 10th Street connects Mclntoch Road and
Federal Highway with 1-95 and points west.
3. Sheridan Street
Sheridan Street, a principal east-west arterial, serves as the
boundary between Dania and Hollywood.
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III. ANALYSIS REQUIREMENTS [9J-5.007(2)(a)&(b)]
Tables I - III have not changed.
The Future Traffic Circulation Map has been modified to reflect the
removal of SE 5th Street from the Broward County Trafficways Plan.
No Changes have been made to the Street Lane Arrangement Map,
The Existing Traffice Circulation Map has been adjusted to reflect the
1995 data.
The Fuctional Classification Map has also been modified.The following F
represents the current level of service for each of the listed road
' segments.
)
VIV Interstate 95
With the recent expansion of this expressway there is now excess j
capacity. In 1989 the Interstate was operation at Level of Service D.
L
s Griffin Road
r No Change !
Stirling Road
b
Stirling Road continues to operate below capacity Street
Sheridan Street
Operating below capacity, but is approaching over capacity, especially
f } the segment west of U.S. 1.
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' Ravenswood Road
North of Stirling Road is below Capacity, but is approaching over
' capacity.
Dania Beach Boulevard
No Change
U.S. 1
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Is over capacity. Only the area adjacent to the airport is below capacity.
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During the Plan update the City will also analyze traffic circulation
levels of service and system needs based upon accident frequency
data that may be available for the City of Dania. The Plan update will
also address the need for the new facilities or expansions as
required by Rule 9J-5.007 (2)(a). The Plan update will also provide
an analysis of projected levels of service and system needs based
upon the Future Land Use Map and address the need for the facilities
or expansions required by Rule 9J-5.007(2)(b).
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DRAINAGE AND NATURAL GROUND RECHARGE
[9J-5.011(1)(g)(h))
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I. INTRODUCTION
The City of Dania Growth Management Department is still responsible for i7.7
i assuring proper drainage is installed on all new projects as per Section
4605 of the South Florida Building Code while the Public Works C �.
Department is responsible for existing systems and their extensions.
II. EXISTING CONDITIONS i
No Change Since 1989, $200,000 worth of improvements have
ts. incurred to the drainage system within the community. This f ;
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included upgrading the pump system within the southeastern
r portion of the City and it is presently in good repair.
III. ANALYSIS OF EXISTING SYSTEM
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Ne Change The western portion of Broward County through the 790
square mile conservation is the primary aquifer recharge area for the '`t
City of Dania and Broward County and these areas are maintained by
' t the South Florida Water Management District. Other aquifer
i recharge occurs within the City limits through the Dania cut-off
y canal, exfiltration systems and on-site retention/detention areas.
However, it is important to note that most of the entire limits of the rz
City of Dania are impacted by salt water intrusion due to its close
proximity to the coastal areas of eastern Florida.
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IV. ECONOMIC ASSUMPTIONS
No Change
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1989 1995 1989 1995
Average Average Peak Peak
1995 2.8 MGD 2.8 MGD 4.2 MGD 4.2 MGD
2000 3.5 MGD 2.8 MGD 5.3 MGD 4.2 MGD
The difference in the year 2000 projection is a reflection of the airport
expansion into the area east of Federal Highway and the loss of
1 development anticipated to take place.
The water treatment plant went through a complete renovation in 1991
and now is considered to be in excellent condition and is expected to
operate for an additional 20 40 years without major improvements.
IV. ECONOMIC ASSUMPTIONS
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OBJECTIVE II.
Adopt the standards of level of service as established by Broward County and
the South Florida Regional Planning Council
• The level of service standards established by Broward County and the
SFRPC have been incorporated into the Comprehensive Plan and Land
Development Regulations for the City of Dania.
• The objective has been met.
OBJECTIVE Ill.
Discourage urban sprawl through a solid waste policy. ,1 .
• The city has been identified as an infill city.
• The City has established a solid waste policy through its Comprehensive Plan
% and land development regulations thereby, discouraging urban sprawl.
• The objective has been met.
1
STORM IAIATr=R
DRAINAGE GOALS, OBJECTIVES AND �
POLICIES
OBJECTIVE I.
Ensure for flood protection.
Dania is a member of the National Flood Insurance Program.
? ;•, Minimum floor elevation requirements have been exceeded by city ordinance.
The City's Comprehensive Plan and Land Development Regulations
established the minimum flood standards in accord with Broward County and ;!.,.
South Florida Water Management District requirements.
i The objective has been met.
i OBJECTIVE II.
Encourage use of Best Management Practice for all drainage systems.
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• The Comprehensive Plan and land development regulations require the use
of best management practices in the development of all drainage systems
within the community.
• The objective has been met.
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POTABLE WATER SYSTEM GOAL, OBJECTIVES AND POLICIES
OBJECTIVE I.
Meet the service demands of the City as follows:
Average Peak
1990 2.1 MGD 3.2 MGD
1995 2.8 MGD 4.2 MGD
2000 3.5 MGD 5.3 MGD
f The projected average daily flow of 2.8 MGD by 1995 is the average daily
i x • flow and has been met by the community. The projected peak flow of 4.2
MGD for 1995 is actually a current peak of 3.0 MGD, and the objective has
been met..
r
• The projection of the average daily flow for the year 2000 of 3.5 MGD is now r
estimated to be 3.0 MGD.
The plant has been renovated so the plant life is twenty years.
• Objectives will be reestablished during the plan amendment process.
OBJECTIVE II.
Provide for the expenditure of approximately $1,500,000 to implement the
necessary improvements to the treatment distribution and storage facilities. yj1
• The water treatment plant underwent a complete renovation in 1991 and is
ry expected to operate an additional ten years without major improvements. ' {
• Storage facilities were not constructed due to budget constraints. f
• The objective has been met.
2.. Objectives will be reestablished during the plan amendment process.
OBJECTIVE III.
The City shall discourage urban sprawl by requiring connection to potable water
s
system when within 1/4 mile of a subdivision or within 100 feet of a residence. '
City requires connection within 250 feet of a residence an E.A.R. based
amendment will be developed with the Plan Update which would revise
Objective 0l to read, "250'vs. 100", as it currently states.
• The City discourages urban sprawl by requiring connection with potable
! ' system within 114 mile of a subdivision or within 250 feet of a residence,
• This is implemented through the Comprehensive Plan and land development
regulations of the City which were enacted in 2127190.
• The City is also an eastern Broward infill community.
• The objective has been met and exceeded.
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D. UPDATE DATAIANALYSIS
The plan amendment will also update the data and analysis sections
Of the current comprehensive plan. This would include an update of
the population projections as well as the capacity of services within the
community including water, sewer, parks and recreation, solid waste,
conservation and coastal resources.
E. URBAN INFILL
Broward County recently enacted a Transportation Concurrency
Exception Area (TCEA) which affected all of the City of Dania. The F f`
City of Dania will develop an urban infill TCEA amendment consistent
with the Broward County amendment for incorporation into the City's
1 ' plan. The essence of this amendment is to encourage infill
development and enhance the mass transit system as a means of ;
meeting the concurrency requirements within this area. {
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'y { i F. ICE AND TRANSPORTATION UPDATE
F` The City will also be developing the Intergovernmental Coordination
Element and updating the Transportation Element which is required
under State Statute. These elements are intended to be adopted by
t April 1997, as required by the EAR process. The City will work closely
with all adjacent governments including the South Florida Regional
`? Planning Council in the development of the ICE Element to ensure
compatibility with all local governments.
During the Plan Update, the City will analyze traffic circulation
levels of service and system needs based upon accident
frequency that may be available for the City of Dania. The Plan
update will also address the need for the new facilities or
expansions as required by Rule 9J-5.007 (2)(a). The Plan update
will also provide an analysis of projected levels of service and
system needs based upon the Future Land Use Map and
addressing the need for the facilities or expansions required by
f Rule 9J-5.007(2)(b).
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G. TIME SCHEDULE (9J-5.0053(6)(a)(8)(b))
The following provides an outline of the time schedule for the
` development of the plan amendments for the City of Dania:
• Spring 1996 - initiate work on plan amendments.
• Fall 1996 - review by the Planning and Zoning Board and City
Commission.
Late 1996 -transmittal by the City Commission.
f Spring 1997 - adoption of the amendment by the City Commission
ra` of the City of Dania.
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PROBLEMS OF DEVELOPMENT; PHYSICAL DETERIORATION; LOCATION
OF LAND USES; AND SOCIAL/ECONOMIC EFFECTS 9J-5.0053 (a)(4)(a.-o.)
A. ACCURACY OF POPULATION PROJECTIONS
The population projections used in the plan were derived from a combination
of the U.S. Census Data (1980) and the Broward County Office of Planning.
Considering the 1990 data the city has almost exceeded its population
projections for the year 2010.
One of the major reasons for the deviation in the population projections can
be found in a review of Table XIII Housing Activity (Housing Element).
Between 1980 and 1987 only 69 single family homes were constructed while
from the period between 1988 to 1995 424 units were built. A total of 1,120
new units were built between 1988 - 1995.
At the same time that single family units were being constructed the average
household size increased. The household size was j roected to be 1.9
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persons per unit. The 1990 census data places the average household size
at 2.24 persons per unit, again a reflection of the increase in single family };
development.
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' The city can project future population by considering past building permit
activity on the area of vacant residential land. According to the Vacant Land
{ Inventory there is approximately 122 acres of Low (5) land available for single
family development. Therefore, there is a potential for an additional 610 units
with a household size of 2.24 or 1,366 new residents at build out for single
family units. In addition there are 43 acres of Low Medium (10) Residential
and 37 acres of Median (16) Residential vacant land available for
development. There is a potential for an additional 1,032 units with a
t^ry household size of 2.24 or an additional 2,312 residents when the multi-family
' units are completely constructed. This would amount to an additional 3,678
people when residential development is completed.
4 As of 1991 the city annexed a large area that was not included in the 1989
plan. When the current plan is updated it is anticipated that problems will
i arise in determining the actual population due to the problem of comparing
census data with municipal boundaries. The census data (tracts) do not
coincide with the new municipal boundaries. The city will use the 1990
census data as its base. Using new housing start data from 1990 to present,
the city can determine the number and type of residential units built. It may
then apply the standard anticipated persons to household type to project the
f, actual city population.
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STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
EMERGENCY MANAGEMENT• HOUSING AND COMMUNITY DEVELOPMENT• RESOURCE PLANNING AND MANAGEMENT
AM
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LAWTON CHILES FAMES F.MURLEY �
J Govemor Secretary !
March 8, 1996 #
The Honorable William Hyde ( � :
Mayor, City of Dania
100 West Dania Beach Boulevard
Dania, Florida 33004 =
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RE: City of Dania Proposed EAR Preliminary Sufficiency Review
Dear Mayor Hyde: 1
k The Department has completed its review of the City of
ii Dania's proposed Evaluation and Appraisal Report (EAR) , as
y � r submitted to us on December 27, 1995. The attached comments are
provided to assist you in preparing the adopted EAR, which is due
on April 1, 1996. � .
5 yif 5
We believe that these outstanding issues can be quickly
resolved and we pledge to assist the City in whatever way needed.
` Please be aware that pursuant to Section 163 . 3187 (5) , F.S. , and
" Rule 9J-5.0053 (4) (e) , Florida Administrative Code, the City is
precluded from further amendment to the Comprehensive Plan until
I` the adopted EAR is found sufficient by the Department. However,
the City may adopt amendments to implement recommendations in the
EAR and submit them to the Department for review. ., `.
The Department is prepared to provide any additional .
technical assistance necessary for the City to adequately address
_ the EAR sufficiency requirements. Please contact Kay Carlson,
Planner IV, at (904) 488-9210 if you have any questions.
Sincerely,
Michael D. MCDanie
' Growth Management Administrator
MDM/kc
Attachment
cc: Mr. William Allen, Growth Management Director, City of Dania
Carolyn Dekle, South Florida Regional Planning Council
' 2 Y 4 0 CENTERVIEW DRIVE • T A L L A H A S S E E , FLORIDA 3 2 3 9 9 - 2 1 0 0 '
FLORIDA KEYS AREA OF CRITICAL STATE CONCERN SOUTH FLORIDA RECOVERY OFFICE GREEN SWAMP AREA OF CRITICAL STATE CONCERN
FIELDOFFICE P.O.Box4022 FIELD OFFICE
1`Jrf i ,ri;% Inc/l.w.,.ue4,..w.f ne to OWN IN 14Abim art ruttnmmndin ':A,.� �� _1 a
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CITY OF DANIA
PROPOSED EVALUATION AND APPRAISAL REPORT
(SUBMITTED TO DCA DECEMBER 27, 1995)
POTENTIAL SUFFICIENCY ISSUES
The following is a list of the Department's comments and
recommendations to resolve specific Rule 9J-5, F.A.C.
requirements that were not addressed in the City of Dania's
proposed Evaluation and Appraisal Report (EAR) . Where
y applicable, page numbers of the Department's EAR Guidebook
` (enclosed) are provided for reference in addressing rule
requirements.
Future Land Use Element � � •
1. The Future Land Use Element at the date of the EAR does not :y r
include population estimates for 1995. Rule 9J- lt .:
5.0053 (6) (a) 2 .a. `F
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2. Page 3 of the adopted Future Land Use Element indicates that
E; there are three areas of the City where potable water
distribution deficiencies have been identified. The EAR
1 does not indicate whether the three services areas have been
improved. Rule 9J-5. 0053 (6) (a)2.e. Guidebook pp. 17-19 .
3. Page 4 of the adopted Future Land Use Element indicates that
existing potable water wells and cones of influence have
been shown. However, these are not shown on any of the maps -`
included with the proposed EAR. Rule 9J-5.0053 (6) (a) 2.e.
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Guidebook pp. 17-19.
5. The lands annexed west of Ravenswood Road have not been
{ identified on any of the maps included with the proposed
EAR. Rule 9J-5. 0053 (6) (a) 2.b. and c. Guidebook pp. 21-24.
6. The Problems of Development section of the proposed EAR does
not analyze the major problems of development with respect
r• :, to the annexed land, as required by Rule 9J-5.0053 (6) (a) 4.
The EAR should indicate what development is proposed or
anticipated and what public services will be needed in the
annexed area. Guidebook pp. 35-36.
Traffic Circulation Element
' 7. The proposed EAR does not analyze the need to replace the
), existing Traffic Circulation Element with a newly adopted
Transportation Element, as required by Rule 9J-5.019.
s4; Instead, the City says that when it becomes necessary to
amend the Traffic Circulation Element, the City will prepare
i, a Transportation Element at that time. However, Chapter
163.3191(4) requires that local governments adopt EAR-based
amendments within one year of EAR adoption. Rule 9J- � ..
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5.0053 (6) (a) 6. Guidebook p. 45.
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11. Page 10 of the Potable Water Sub-Element at the date of the
EAR indicates that the City's Water Treatment Plant
(renovated in 1991) has an estimated remaining life of 20
years. However, page it indicates that the plant is
expected to operate for an additional 10 years.
12. The Infrastructure Element did not include a summary of
�;. natural groundwater aquifer recharge areas within the City
in the adopted Plan or at the date of the EAR, as required
by Rule 9J-5.011(1) (g) . Similarly, the Drainage Sub-Element r
and the maps included with the proposed EAR do not identify
aquifer recharge areas, or whether any exist within the
City. Rules 9J-5.0053 (6) (a) l and 2 (a) . Guidebook pp. 17-
24. t
13 . It is assumed that the "Storm Water Goals, Objectives and
I Policies" (GOP's) are part of the Drainage Sub-Element,
although they are listed as a separate element in the � r
proposed EAR. objective III of the Storm Water GOP's (which
is to "implement drainage improvements in the southeast area
' of the City, ") does not specify measurable targets by which
$ the objective can be measured, as required by Rule 91- 1
5.0053 (6) (a) 3 . In this case, the objective appears t '
6 � ` measurable. To what extent were the improvements
implemented? Guidebook pp. 25-29.
14. Objective III of the Potable Water System GOP's requires
that urban sprawl be discouraged by requiring connection to
A; potable water systems when they are within 1/4 mile of a
subdivision or within 100 feet of a residence. However, the
City's analysis indicates that it requires connection within
250 feet of a residence. There is no indication that the
Objective will be revised as an EAR-based amendment. Rule
9J-5. 0053 (6) (a) 8 . Guidebook pp. 43-46.
Capital Improvements Element
15. Objective II of the Capital Improvements Element does not
specify measurable targets by which the objective can be
measured, as required by Rule 91-5. 0053 (6) (a) 3. Guidebook
r ; pp. 25-29.
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Conservation Element
16. The proposed EAR does not identify and analyze groundwaters,
important fish and shellfish communities, or hazardous waste
pollutants for each resource, as required by Rule 9J-
5.013 (1) (a) l. , (1) (a) 5. , and (1)b. 9J-5.0053 (6) (a) 2. (a)
Instead, the City says that when it becomes necessary to
amend the appropriate elements of the plan, the City will
address these criteria, pursuant to Rule 9J-5. 002 (8) . Staff
believes that these criteria must be addressed as EAR-based
f - amendments, not "when it becomes necessary. " However,
Chapter 163 . 3191(4) requires that the City adopt EAR-based
amendments within one year of EAR adoption. Guidebook pp.
17-24, 45. 27
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CITY OF DANIA �O
INTEROFFICE MEMORANDUM
GROWTH MANAGEMENT DEPARTMENT
TO: Michael Smith
City Manager
FROM: Will Allen
E ; Growth Management Director W <t ~
RE: VA- 06-96 and SP-07-96 - The Petitions of Handy Storage Fourteen, 1
Inc. Requesting Site Plan Approval For Storage Warehouses and ;
Requesting a Variance From Number of Parking Spaces Required j
For Property at 400 Stirling Road ( 2.956 Acres on North Side of
Stirling Road Immediately West of FEC Railroad Tracks)
i
Date: August7, 1996 + '
The requests of Handy Storage Fourteen, Inc. concerning the construction of storage
! warehouses (mini storage) at 400 Stirling Road are scheduled for review at the August
c 13, 1996 City Commission meeting. The property involved is the Stirling Road
Hawthorne Plat which is 2.995 acres on the north side of Stirling Road immediately
west of the FEC tracks. One item which is on the agenda is a public hearing
concerning the request for a variance from parking requirements. Another item is to
consider the site plan for the proposed development.
The Planning and Zoning Board reviewed the requests for variance and site plan r
° approval at their May 29, 1996 meeting. The Planning and Zoning Board recommend
approval of the variance from parking requirements of the Zoning Code with suggested '<
iconditions and also recommend approval of the site plan. The recommendations are
! based on the proposed plan being consistent with the land use designation, being a
permitted use in the zoning district, being consistent with the approved plat and meeting
zoning regulations with the exception of the requested variance for number of parking
spaces. The recommendation was not forwarded to the City Commission pending the
Broward County review of a delegation request to change the note on the plat.
The site in question has a land use designation of Industrial. The property is zoned IR,
Industrial Restricted. The City of Dania approved the plat for the site in May of 1988.
The plat, known as the Stirling Road / Hawthorne Plat was later approved by other
agencies and was recorded in 1991. The plat notes restrict the site to 65,000 sq. ft. of
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4. The owner shall maintain the landscaping along the west property line
including the area designated as an alley.
5. The petition not be forwarded to the City Commission until the delegation
request is approved by Broward County. The delegation request was approved
on July 9, 1996 based on the mini warehouse use.
SITE PLAN
The site plan includes four buildings. The doors of the storage areas all face inward to
the site with landscaping between the building and the periphery of the site. Parking is
on the interior of the property with one access from Stirling Road. With the exception
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of number of parking spaces, the site plan conforms to code requirements.
The setbacks of the IR district are met or exceeded. The buildings are one and two i n
sorry in height. The maximum height proposed is 23'. The minimum landscape buffer
required to a residential area is 10' per Section 26-50 of City Code. There is 20'
provided on the north and west sides which abut residential uses. In addition the F
Planning and Zoning Board recommends the owner maintain the 15' wide alley on the
west side as green space. t '
The site plan is consistent with the approved plat as well. Access is provided from
Stirling Road at the prescribed location as a right in- right out curb cut. MOT has ;
approved the access in concept. No buildings are proposed for the road easement ;
along the tracks. This area will be a landscape area.
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RLr,—OB-1936 09:57 FROM FRRDLEY CCPIPRNIES TO 1S549212604 P.131
�r diaw Development Company
POST OFFICE BUXs876.2120 CREW STnEET.CLEARWATER,FLOSIDA 34918•TELEPHONE(813)44231 it
FAX(813)442-4231
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August S. 1996
VIA FACSID7L:T+'&12F,Gi1T.Al2
Mr. WM Allen i1
nrrR
w Development Director I
y„ City of Dania
" 100 West Dania Beach Boulevard
Dania,Florida 33004
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Re:I�w*Storage Fomtecn,Inc. ; )
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! Handy Storage Fourteen+Im.is a corporation to be Formed dwt wM be the owner"
entity for the proposed handy storage bcdity'Iacatad on.Stirliung Road 12ichatd B. Funk # +
r and Cregory A.Nichols wig be the only stockholders in tttis corporation. These two
gendemal have been principals in aU of the prior thirteen Handy Storage fara7ities t
I &v*ped and operated throughout the Southeast l Trrited States N'
i if you-ba me wry questions regarding his please contact the under*ed.
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very"J your-%
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t } B LEY DEVELOPWNI'COMPANY
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Gr�oty Nichols%�� ,
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AN FQl1AL OPPORTUNITY EMPLOY15H
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AUG-08-1596 09 57 8134424231 P.01
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GUS CARBONELL 3055270857 p, 02
i JL— i i— _ TLI�I 1Q !S7 _
Development Management Divislon
Governmental CertC,Annex
I i`. SO. Andrews Avenue.Boom A240
SROWAW COUNTY rcl}In+x eldaia.rL 33301
(954) 357-N�GO 0 fax 14d) 357-G5'el
July 9, 1996
Mr. Will Allen
v Community Development Director
�! City of Dania
lr ; 100 W. Dania reach Boulevmd H
4i4 Dania, 1.1. 33004 f
Re: Sluling Road/llawthoine Plat
kk ,
Dear Will:
On July 9, 1996, the Browaid County Commission approved a delegation request to amend the
note on the above referenced plat from 55,500 square feet of industrial use to 65,000 square feet
of industrial use.
However, please be advised that the County Commis5ion approved the request provided the 1. }
applicant pays the transit impact fees or secures an agreement prior to November 9, 1996. The
' applicant must also record a document acceptable to the County Altorney's Office to amend the
I note on the face Of the plat prior to January 9, 1997,
t If yet, have any further questions, please do not-hesitate to contact me.
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•� Sincerely,
z
Patricia A. Gull, AICP
j fY, Senior Planner t"As
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BROWARO COUNYe aoARD OF COWW COMMISSIONERS--An Fqual OppertunBy Fmpleye,and Vlvvlde,w$@,ices
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CITY OF DANIA
100 WEST DANIA BEACH BOULEVARD
+ DANIA, FLORIDA 33004
I,, 3305/921-8700
APPLICATION NIINHCR �� UATE FILED
APPLICATION FOR VARIANCE
,
rho undersigned petitions the City Commission of the City of Dania;
Florida to consider the variance of the parcei(s) of land described in
�' ' .'• this application.
n
NAME OF APPLICANT: HANDY STORAGE FOURTEEN, INC. ( x ,,•I •
34618 y
ADDRESS OF APPLICANT: P.O. Box 6875, Clearwater, FL rUoti B: (813)442-3117
PROPERTY INTEREST OF APPLICAN"F: Contract Vendee f
NAME AND ADDRESS OF PROPCRTY OWNER ( IF MOT THE APPLICANT) : t
Jerry Hawthorne, c/o Belmont Properties 1905 Hollywood Boulevard f�rt Hollywood, Florida 33020
ADDRESS AND LEGAL DESCRIPTION OF SUBJECT PROPERTY:
ro 1
SEE ATTACHED
+ ZONING CLASSIFICATION: IR LOT SIZE:IrreoulaNREA: 2.678 AC.
6
i ' PRESENT USE: Vacant {
� DESCRIPTION OF THE VARIANCE(F) RE011 F.S TED: 1) Variance in the number of +
required parking spaces. a
LIST 'THE NAMES AND ADDRESS OF ANY EXPERTS (PLANNER, ARCHITECT, A
1 ATTDRNEY, ECT. IF ANY) :
m ,
Gustave Carbonell, Architect, 109 NW 2nd Avenue, Ft Lauderdale PI '3311
, (305) 462-6565
{ <; PLEASE COMPLETE THIS PORTION OF THE APPLICATION CAREFULLY. EACH
REQUEST FOR A VARIANCE MUST STAND ON ITS OWN MERITS WITHOUT REGARD TO
( ANY OTHER PROPERTY.
The following questions pertain to the criteria upon which the City
Commission and Planning and Zoning Board consider if a variance will
not be contrary to the public interest where, owing to special
conditions, a literal enforcement of the zoning of the zoning code
will result in unnecessary and undue hardship.
1. Describe how special conditions and circumstances exist which are
peculiar to the land, structure or building involved and which are
not applicable to other lands, structures or buildings in the same
zoning district.
SEE ATTACHED
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VARIANCE#1 -PARKING VARIANCE REQUEST
1. This property has a combination of unique characteristics. The land abuts residential property on two
sides. It has a limited amount of frontage on Stirling Road with a railroad track and crossing along the
eastern boundary. There is only minimal distance between die railroad crossing and the curb cut for
• this property on Stirling.
Many I.R.uses would be unsuitable for this property because of the amount of traffic generated and
�I 1`•• the contiguous residential space. Other uses such as residential or commercial would be unsuitable for
this property because of the proximity of the railroad tracks for residential development or die amount"1
of traffic generated by commercial development. �' 1
• The unusual triangular shape of the property also creates a hardship in site design. This problem was 7 ^i
I - exacerbated during the platting procedure. The County took additional right-of-way making the i C
property even thinner and required a right-of-way easement along the entire length of the property. In ?
addition.the access on Stirling Road is conditioned as a temporary access. This also creates a vety
unusual hardship in site design.
The proposed project will restrict itself to operation exclusively as a mid storage facility. Only passive
storage will be permitted no business operations or employees will be permitted to operate out of the
storage base. This is a major distinction from other allowed uses in the I.R.Zoning Classification. n
`i
bfini storage facilities do not use parking in the conventional definition of the requirement. r
y ?. The difficulty in being able to develop this property is a combination of the location of the railroad
right-of-way,the development of the property to the east and the platting requirements as discussed in
question number one. These combine to make the triangular configuration and lack of frontage on l
{ Stirling,making this property difficult to develop.
3. The site will be restricted to mini storage only. Thcreforc,none of the more intensive uses allowed
under the I.R.Zoning District will be permitted. To our knowledge a mini storage facility is the only
I.R.permitted use that could function harmoniously with the surrounding neighborhood and the
unique restrictions of this site.
.. S q. Literal interpretation of the parking provisions of the Zoning Code would eliminate the use of this site
for the proposed mini storage facility. Mini storage facilities do not require parking in the conventional
sense as defined by the Zoning Code. Most Zoning Ordinances were written well before modem mutt
storage facilities evolved. Most codes do not, therefore,provide a se
parate eparate parking requirement for
• ; _ mini storage facilities.
5. Mid storage facilities,with the exception of the rental office and the managers'apartment do not
require conventional parking spaces. A customer pulls their vehicle in front of their parking space.
F t. either loads or unloads their property and then exits the facility. Conventional parking spaces are not
normally used by our customers. To have provided the required parking would then have required an
iimpervious coverage variance.
,
6. The granting of this variance will allow the development of a new state-of-the-art mini storage facility. -
The intent of the Code is to ensure that adequate parking is available for the proposed use. In the
prior responses we have explained how parking is addressed in a mini storage facility,meeting the
i intent of the Code. The proposed facility will blend in well with the neighborhood. Mini storage -
facilities are very low generators of traffic,therefore,the facility will not create any heavy ingress and
egress onto Stirling Road The site plan is designed to not allow any traffic onto the residential streets
to the north. The site will buffer the residential area from the noise from both the railroad tracks and
r Stirling Road. -
7. The facility will be landscaped and attractive. We are proposing a continuous building with no
r O + openings along the west and north of the property that will appear as a wall to the residents. Most
i conforming I.R.uses have the potential to be much more offensive to the residential neighborhoods.
t The proposed facility will be able to use what is for most instances,an unusable property and turn it
1� into additional tax base for the City.
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VARIANCE.#2-WALL VARIANCE REQUEST
L This proposed project is unique in that all activities an oriented to the inside of the project. The
storage buildings along the common boundary with the residential areas are continuous at the setback
line with no openings in the rear of the buildings. From the adjacent property the back of the building
will look like a wall.
Z. The requirement for a wall around the perimeter in addition to the solid back wall of the budding is '
j redundant.
's .. 3. Granting this variance would not convey any special privilege because we are meeting the intent of they
Code by providing a solid building wall.
r r
1, literal interpretation of the Zoning Code would provide a hardship to both the proposed project and
the surrounding neighborhood by hindering access around the perimeter of the site for both fire and 'f f
police protection. Providing the additional wall would be providing an additional hiding place for J
anyone with the intention of committin bur '
g glary. :Uso.omitting the wall would give greater room for z
fue access to both our project and the contiguous properties.
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5. To be effective.the only practical altemauve to the wall is the complete elimination of the wag.
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6. The grant of the variance would be in complete harmony with the intent of the Code because,as stated t
earlier,we would be providing a wag. In fact,the wag would be larger than the minimum required by
Code. By eliminating the wag there would be additional green area in view of the residents to the
west. .l
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i7. The granting of this variance provides a wur-win situation for both the applicant and the neighbor i"�, • '�
affected to the west. The neighbor gain in effect.a more attractive view of landscaped green area ,
while the budding wag as proposed exceeds the intent and requirements of the Zoning Code. <
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FOR USE WHEN PETITIONER IS NOT OWNER OF SUBJECT PROPERTY:
a.
THIS IS TO CERTIFY THAT I AM THE OWNER OF THE SUBJECT LANDS
DESCRIBED AB VE IN T P ITISON FOR VARIANCE AND THAT I HAVE
AUTHORIZED r E Y ° ° r TO MAKE AND FILE THE
AFORESAID PETITION FOR VARIANCE.
Jgna are o owner
�,rt L.FRANCES / ScJ id'S: /1 L-w1 ,'e, iL 3ji7[
r �� °+'� Ddy Comm Exp 9/18199 Street Ad roes, tty, State 6 Z P
t `y `rw�c> Bonded By Semce[ae
f No.CC496A6(1 Te ephT one
o Ito aid subscribed before me thisday 619v1p f� -'
� /' F
;.: ' Comm lss ion Expires:
N° ,i' Pub is 1 /
t TO BE COMPLETED BY OFFICE STAFF ONLY
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MATERIALS INCLUDED c> -
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Plana }
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Survey i
Fee 4
4 List of Adjacent Property Owners {
k THIS FORM TO BE FILED WITH THE CITY OF DANIA'S GROWTH MANAGEMENT
DEPARTMENT.
ACCEPTED BY:
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LEGAL DESCRIPTION
All of ❑tirling (toad, ❑ATTNnDNN PLAT, according to the plat
thorno C, ruaorded In Flnt conk ter, pngn 36, Public nocorda of
Droward county, Florldn.
1 FOnNBnLY ANOWN AB:
A portion or the Bouthwent 1/4 of the southeast 1/4 or the
southwest 1/4 of Soction 14, Township 5o South, nang0 42 East,
.�a nroward County, Ploridn, Doing more particularly donorihod an
follows:
,
cortr.enco at Lhn nauthvnnt corner of nnid section 34; thanma run f_
North s7.52'07" Past, along the Bauch line of the southwest 114
of wale noction 14, fez a diatuune o• 1341;.45 foot to a point of
i internoction with "i Veet lino of the 0 d t a 114 ur the
�r ❑outhwont 1/4 of at I Oncti:A 41 thonr , ro No: .L OL-13100"
f' west, Alone] said Wont lino, for a dintanou of 59.17 foot to thu 1
Paint of ue7lnnlnq; thuncn run North I1"13100" Went, along said
want tine, for a dintanou of 75.73 Cent; I'honco run North
80.46152" Pant for a dint-.nco of 7.00 fool; thence run North '
OL°131On" Yost for a dint7nc.o of 520.04 foot; thnnce run North
t 11 00129'07" Fast for a diot.,nco of 234.90 foot; Lhonco run south
39.16104" Kent for a dintanco of 47.44 COOL to n point an Cho j 1
Westerly right-of-vny of the Florida BanL Coast nlilway an 1
Lt described in O.R. Sock 3225, page E20; thancu run South t
12"50'45" Toot, along said Wts Lorly right-of-way lint, for e
q distance of 539.37 font; thonco run south 40.41'51" West for a
P distance of 33.31 foot to a point on the arm of a circular carve I I ,
concave Lo the Northvnot, having a rndiuB of 2011.79 foot and a r '
y . radial bearing of nnuth 09'1415n" toot, and w control nngla of
li l 02.20'30"; thnnco Wuntsrly along said curvo, an arc dintanou of � �}
115.03 font to fit" Point of 0aginrinc
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S U N — S E N T I N E L
PUBLISHED DAILY
FORT LAUDERDALEr BROWARD COUNTY• FLORIDA
BOCA RATONs, PALM BEACH COUNTY• FLORIDA
MIAMIr DADE COUNTY• FLORIDA
7ATE OF FLORIDA
3UNTY OF BROWARD/PALM BEACH/DADE
3EFOR� THE DER�SI6NED AUTHORITY PERSONALLY APPEARED
... 1 U :�l/�Y WHO ON OATH SAYS THAT — NOTICE OF
'_/SHE IS DULY AUTHORIZED REPRESENTATIVE OF THE PUBLIC HEARING
BEFORE THE CITY
_ASSIFIED EPARTMENT OF THE SUN-SENTINEL• DAILY COMMISSION OF THE CITY
cWSPAPER PUBLISHED IN BROWARD/PALM BEACH/DADE COUNTY• OF DANIA,THE
RE-
GARDINO THEE F FOOLLOW-
REQUESTED
_ORYDA THAT THE ATTACHED COPY Of ADVERTISEMENT• VAR BEING A VARIANCE.
NOTICE a HEREBY GIV-
EN that the Citityy
f Dania-
)TICE OF PUBLIC HEARING Fio°m00eonTuesdayy�ADuguei
13.1996,at 7:30 P.M.or as
r loon thereafter as the mat- t 1
I THE MATTER OF ter may be heard,will con-
duct a pCityublic hearingg In the I , 1
i J. 1 VA-06-9b lln
Roo mom he
My Hal
'Room of the Dania CityHell,
100 West Deno Beech 1
cana(d, Oanle. Florida, to to t
consider the following pro-
posed
I THE CIRCUIT COURTr WAS PUBLISHED IN SAID NEWSPAPER IN titon N Variance VAO696 - ( '
IE ISSUES OF The request of Handy Stor-
age Fourteen, Inc. as con-
C r 08102r 1 X 7I340040 Iract purchaser for variance
rom Section 6.21 Off-
Street Parking Chapter 0,
Zoning of the Dania Code + i
IFFIANi FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A ordinances. Section 621
•equals 62 perking spaces
:WSPAPER PUBLISHED IN SAID BROWARD/PALM BEACH/DADE for the proposed storage
)UNTYr FLORIDAP, AND THAT THE SAID NEWSPAPER HAS HERETOFORE The request is to provide development.
v :£N CONTINUOUSLY PUBLISHED IN SAID BROWARD/PALM BEACH/DADE parking spaces.
The propertY Isle ally de- I�c )UNTYr FLORIDAr EACH DAY• AND HAS BEEN ENTERED AS SECOND scribed as: The wrung
_ASS MATTER AT THE POST OFFICE IN FORT LAUDERDALEr IN SAID Roedy HIn Plat at 6,
recorded In Plat Book Ire-
Pege 36 of the Public re-
COWARD COUNTY• FLORIDAr FOR A PERIOD OF ONE YEAR NEXT cords of Bmwam county.
?ECEDING THE FIRST PUBLICATION OF THE ATTACHED COPY OF Florida.
IANY PERSON WHO OE-
CIDES TO APPEAL ANY
1VERTISEMENT3 AND AFFIANT FURTHER SAYS THAT HE/SHE HAS DECISION MADE BY THE
EITHER PAID NOR PROMISED ANY PERSON.- FIRM OR CORPORATION RCITY EOARDMO ANYMATTER
WITH
i IT DISCOUNTr REBATE. COMMISSION OR REFUND FOR THE PURPOSE CONSIDERED AS THIS
SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID MEETNEED A ING OR HEARING
THEL PROCEEDINGS. AND
WS PAPER• FOR SUCH PURPOSE MAY
+ NEED TO ENSURE THAT A
VERBATIM RECORD OF
THE PROCEEDINGS IS
MADE WHICH RECORD NY
t ,.... .i.. a........................ A ES THE EVIDENCE UPON
E WHICH THE APPEAL IS TO
SIGNATUR OF/ FPYANT)
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BE BASED.
Is/ LOU ANN CUNNING-
HAM. ADMN. AIDE
t i TORN TO AND SUBSCRIBED BEFORE ME August 2, 19"
THIS 02 DAY OF AUGUST
A.D. 19961�_z
(SIGNATURE W NOTAR PUBLIC)
` pAMLaM
yt i 6DO E1(PIREg
4a J*2O,I W
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P,...b5�' epgm r^TIDY FAA MItRAIDI,Ng,
(NAME OF NOTARY TYPED; PRINTED OR STAMPED)
PERSONALLY KNOWN ......a............. OR
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PRODUCED IDENTIFICATION .................
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DESCRIPTION OF PROJECT: A SELr 56rdlU66 FA(:1I.)TY 6w5j6rin4 g
3 62q Sr df �`ft�tK,£ SPncF A 5W -2= ANA A BP
WAi2TvlAtN-r {'r)r2 Tfit �£S��CuT /t'IAniAt,�rts
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SECTION: TOWNSHIP: 5 0 5 RANGE: Z
TAX FOLIO NUMBER: ,
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RECORDED PLAT NAME: STie�.� /loan I uTNo
r PLAT BOOK: I U 6 PAGE: 36
A,
LIST ANY SPECIAL EXCEPTIONS, VARIANCES, REZONINGS ETC, THAT MAY BE
x REQUIRED TO SUPPORT THIS APPLICATION:
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ANY OTHER INFORMATION IS SUPPORT OF THIS APPLICATION:
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NOTE: ALL SIGNATURES MUST BE NOTARIZED.
PETITIONER: Uy1"AVO CM';jONft, 4aT '
P INT N M CORPO ON
BY:
AUTH 1ZVD SIGNATURE
I Swom to and subscribed before me 6 ATAVD i21j4 N FL•
this day of Fly 19��: PRINT NAME AND TITLE /21 .I�� ,1
(If Corporation) •I
Notary Public
(Notary Stamp/Seal)
I nature o ,l,r OFFICIAL NOTARY SEAL
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LINDA HELLER ,
K w COMMISSION NUMBER I
v 3 ° CV295357
�- MY COMMISSION EXP
• n „ F':L'4� JUNL: 17 1997 '
Commission Expires: .
FOR USE MUM PETITIONER IS NOT THE QWNER OF SUBJECI PROP Rix
�F/ Jerr� W. F/acv oh�C
PROPERTY OWNER: mu JunC flGrd�><f
PR 00 . F ION NAME
I BY: �r c�
AUTHORIZED SIGNATURE
. ; Swom to and subscribed before me 00 -cJwnPrS `-
this- day of a 19 S r; , PRINT NAME AND TITLE
(If Corporation)
/11 is F/ -'F31 74 -
ADDRESS OF OWNER
Li
N4(ary Public
3o5 - 71/- S�yb
TELEPHONE
nature
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Print Name
Commission Expires: /L, tq
'= OFFICIAL NOTARY SEAL
HOWARD I TF.NDRICH
1 " NOTARY PUBLIC STATE OF FLORIDA
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COMMISSION NO.CC455045
; 3 MY COMMISSION EXP,APR.25,1990
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CITY OF DANIA
INTEROFFICE MEMORANDUM
DATE: July 22, 1996
I
y. TO: Mayor and City Commissioners
FROM: Michael Smith, City Manager ` 1
SUBJECT: Law Enforcement Block Grant Program
---------------------------------------—-——--------—------
--M-------- -----—---------------w-- Y.
,
The U.S. Department of Justice recently announced funding availability for cities for the purpose of i
reducing crime and improving public safety.
i. Under a formula established by the Department of Transportation, $81,819 has been earmarked j
for Dania. t •' � ,
t° I propose to submit an application which will include the following elements: ; 1
(`< r $66,000 for fencing to enhance security at Modello, Frost and Meli Parks ($20,000 each facility),
and $24,001 for demolition of unsafe structures throughout the community.
The grant requires a 10% cash match which I propose to take from the Law Enforcement Trust Fund.
i The Sheriff has concurred with the expenditure from the law Enforcement Trust fund as match dollars.
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RESOLUTION NO. 70-96
A RESOLUTION OF THE CITY OF DANIA, FLORIDA
AUTHORIZING THE CITY MANAGER TO SUBMIT AN
APPLICATION TO THE LOCAL LAW ENFORCEMENT BLOCK
GRANT (LLEBG), U.S. DEPARTMENT OF JUSTICE, BUREAU
OF JUSTICE ASSISTANCE, IN THE AMOUNT OF EIGHTY
ONE THOUSAND EIGHT HUNDRED NINETEEN AND 00/100
DOLLARS ($81,819.00); PROVIDING THAT ALL
RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO
THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR
' AN EFFECTIVE DATE. 17 -
WHEREAS, the City Manager is authorized to submit an application with the Local !
Law Enforcement Block Grant (LLEBG), U.S. Department of Justice, Bureau of Justice
Assistance, in the amount of Eighty One Thousand Eight Hundred Nineteen And 00/100
Dollars ($81,819.00);and I
` NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA, FLORIDA: I.
Section 1• That this resolution shall be in force and take effect immediately upon f
its passage and adoption.
,
PASSED and ADOPTED this 23rd day of July, 1 6.
> I
ATTEST: A OR - COMMISSIONER
CITYCLERK-AUDITOR��
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APPROVED FOR FORM AND CORRECTNESS
BY: �� �•
FRANK C. ADLER, City Attorney
1 Resolution No. 70-96
. K
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Program Requirements
Overview
The Omnibus FY 1996 Appropriations Act, (Public Law 104-134), authorizes the Director of the
Bureau of Justice Assistance(BJA)to make funds available to units of local government under
the Local Law Enforcement Block Grants Program,herein also referred to as Block Grants
Program, or Block Grants, for the purposes of reducing crime and improving public safety. This
application kit provides program and application guidelines for the FY 1996 Local Law
i, Enforcement Block Grants Program.
Program Purpose Areas
Local Law Enforcement Block Grants Program funds may be used for one or more of the
following seven purpose areas:
I
l : ■ Law enforcement support for:
,'. ❑ Hiring, training, and employing on a continuing basis new, additional law
h enforcement officers and necessary support personnel (if funds are used for hiring j
law enforcement officers, there must be a net gain over the unit of local
government's current appropriated budget, in the number of law enforcement
?` officers who perform nonadministrative public safety service). i
-4i ❑ Paying overtime to presently employed law enforcement officers and necessary
4.
support personnel for the purpose of increasing the number of hours worked by
such personnel.
4t
❑ Procuring equipment, technology, and other material directly related to basic law
enforcement functions.
■ Enhancing security measures in and around schools, and in and around any other facility
or location that the unit of local government considers a special risk for incidents of
crime.
I
■ Establishing or supporting drug courts. To be eligible for funding, a drug court program
must include the following:
❑ Continuing judicial supervision over offenders with substance abuse problems,
but who are not violent offenders.
I ❑ Integrating administration of other sanctions and services, which shall include:
i Bureau of Justice Assistance
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(i)mandatory periodic testing of each participant for the use of controlled
substances or other addictive substances during any period of supervised release
or probation; (ii)substance abuse treatment for each participant; (iii)probation or
other supervised release involving the possible prosecution, confinement, or
incarceration because of noncompliance with program requirements or failure to
show satisfactory progress; (iv)programmatic, offender management and
aftercare services such as relapse prevention, vocational job training,and job and
housing placement.
■ Enhancing the adjudication of cases involving violent offenders, including cases
involving violent juvenile offenders. For the purposes of this program, violent offender
1, means a person charged with committing a Part I violent crime under the Uniform Crime
Reports.
■ t, '
Establishing a multijurisdictional task force, particularly in rural areas, composed of law E a
enf
orcement officials representing units of local government; this task force will work '
with Federal law enforcement officials to prevent and control crime.
■ Establishing crime prevention programs involving cooperation between community I
residents and law enforcement personnel to control,detect, or investigate crime or the
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prosecution of criminals.
( ' ■ Defraying the cost of indemnification insurance for law enforcement officers.
Funds or a portion of funds allocated under this title may be used to contract with private, ;
nonprofit entities or community-based organizations to carry out the purposes of this Block
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Grants Program.
<< Prohibition on Use of Funds
Units of local government may not expend funds provided under the Local Law Enforcement
F t _
Block Grants Program to purchase, lease, rent or acquire any of the following:
l ,• ■ Tanks or armored vehicles.
■ Fixed-wing aircraft.
i '
■ Limousines.
■ Real estate.
■ Yachts.
■ Consultants.
■ Vehicles not primarily used for law enforcement.
In addition, Federal funds cannot be used to supplant State or local funds, but instead to increase
the amount of funds that would be available otherwise from State and local sources.
I
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MEMORANDUM
TO: MAYOR AND COMMISSIONERS
, 5
FROM: MARIE JABALEE, FINANCE DIRECTOR/ CITY CLERK
SUBJECT: BOARD APPOINTMENTS
DATE: August 5, 1996
Attached for your information is a list of board appointments that need to be made.
It
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APPOINTMENTS NEEDED
AIRPORT ADVISORY BOARD (2 year terms) 5 appointments needed
' Mayor Bertino: 1 appointment (Lyle W. Agnew II -automatically resigned)
Mayor Bertino: 1 appointment (vacant)
Vice-Mayor Grace: 2 appointments (Evan Leatherman term expired 3/96)
(Tony Stevens removed 4/23/96)
Commissioner Hyde: 1 appointment (Ronald Korman automatically resigned)
CIVIL SERVICE BOARD (4year terms) 1 appointment and 3 nominees needed
Kurt Ely, term to expired 3/96 Commission appointee
Sue Ann Truesdale (RESIGNED), term expired 3/96 (3 Commission nominees needed
to be submitted to employees for
election) I
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CODE ENFORCEMENT BOARD (2 alternates needed l
j V David Nuby (alternate) term expired 9/8/95 (Mr. Nuby does not wish to be reappointed) {
Rusty Sloan (alternate) term expired 9/8/95(Mr. Sloan is willing to serve again)
COMMUNITY AFFAIRS ADVISORY BOARD (2 year terms
k
10 members) 3 appointments
' " •c IIII
Mayor Bertino: 1 appointment
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Vice-Mayor Grace: 2 appointments
> DANIA HOUSING AUTHORITY - 1 appointment
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Mayor Bertino appointment - Replacement for Ronald Zielinski (complete term from
6/1195 to 6/1199).
t i ffy.
DANIA ECONOMIC DEVELOPMENT BOARD AND DOWNTOWN REDEVELOPMENT
4
AGENCY wear terms)
1 appointment needed
Comm. Mikes: 1 appointment
HUMAN RELATIONS BOARD (2 year terms) 2 appointments needed
Comm. Mikes: 1 appointment
Comm. Hyde 1 appointment
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8/5196
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PARKS AND RECREATION ADVISORY BOARD (2 year terms) 1 appointment
needed
Comm. Hyde 1 appointment to Replace Dan Yagman
who moved out of Dania - term expired 3/97.
UNSAFE STRUCTURES BOARD (3 year terms) 1 appointment needed j
Appointment of A Real Estate Appraiser (position previously held by Keith Pfenninger
a; (deceased)
If you are appointing a new member, please use the attached Board Appointment form '
and include a home and business phone number if possible. For your convenience, f {
this form will be provided in your agenda backup for future appointments.
Thank you for your assistance
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DANIA AIRPORT ADVISORY COMMITTEE
e," ... DANIA CH Y ITALL
- 4 I(X)WPS"i DANIA331;ACII)301JI.I:VARI)
DA7,7A.4I. 33(Y)4
July 29, 1996
Mr. Lyle Agnew
610 N.E. 2nd Place
Dania, FL 33004
Dear Mr. Agnew,
i Under Article 11, Section 7 of the by-laws of the Dania Airport Advisory Committee
concerning absences to wit f; ,
IF A COMMITTEE MEMBER HAS THREE (3) CONSECUTIVE UNEXCUSED ABSENCES
IN A TWELVE (12) MONTH SPAN, SAID MEMBER SHALL HAVE AUTOMATICALLY
RESIGNED THEIR POSITION AND THE CHAIRPERSON SHALL NOTIFY THE DANIA
CITY COMMISSION TO APPOINT A NEW MEMBER. A COMMITTEE MEMBER CAN t
APPLY FOR AN EXCUSE BY WRITING THE CLERK OF THE CITY OF DANIA
THE DATE AND TIME OF THE MEETING STATING THE REASONS
OR THEIR )
I
ABSENCE. THE COMMITTEE SHALL VOTE ON WHETHER NOT TO GRANT THE
EXCUSE. IF A MAJORITY OF THOSE ATTENDING THE MEETING VOTE YES, THE
EXCUSE WILL BE GRANTED TO THE ABSENT MEMBER. THE CHAIRPERSON 'r SHALL NOTIFY A MEMBER BY MAIL WHO ACCUMULATES TWO (2) CONSECUTIVE
UNEXCUSED ABSENCES IN A TWELVE (12) MONTH SPAN WITH COPIES OF SAID
NOTICE DEPOSITED WITH THE CLERK OF THE CITY OF DANIA AND THE DANIA
yx.
CITY MANAGER.
1- You did not attend nor apply to the Committee for an excused absence for a meeting held
October 26, 1995, you did not attend nor apply for an excused absence for the next
;) meeting held March 28, 1996, and you did not attend nor apply for an excused absence
for the next meeting held July 25, 1996. Therefore, you have not attended three
consecutive meetings nor did you receive excused absences from the Committee for this
non attendance. THIS IS YOUR FORMAL NOTIFICATION FROM THE COMMITTEE
THAT YOU HAVE AUTOMATICALLY RESIGNED FROM THE DANIA AIRPORT
t ' ADVISORY COMMITTEE
r 3l;
4r,
Sincerely,
,
Victor Lohman
Chairperson, Dania Airport Advisory Committee
cc: Mayor John Bertino
Mike Smith, Dania City Manager
r L• Marie Jabalee, Dania City Clerk
Vice Chairperson Ann Castro
I Committee file
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DANIA AIRPORT ADVISORY COMMITTEE
DANIA CI I Y 1IALL
100 W1:81 DANIA BI'ACII BOULEVARD ---
r DANIA hl, 330(W � IJ
July 29, 1996
Mr. Ronald S. Korman
2724 S.W. 47th Street
Dania, FL 33312
t Dear Mr. Korman,
I Under Article Il, Section 7 of the by-)aws of the Dania Airport Advisory Committee
concerning absences to wit:
IF A COMMITTEE MEMBER HAS THREE (3) CONSECUTIVE UNEXCUSED ABSENCES
IN A TWELVE (12) MONTH SPAN, SAID MEMBER SHALL HAVE AUTOMATICALLY
RESIGNED THEIR POSITION AND THE CHAIRPERSON SHALL NOTIFY THE DANIA
CITY COMMISSION TO APPOINT A NEW MEMBER. A COMMITTEE MEMBER CAN i
4 APPLY FOR AN EXCUSE BY WRITING THE CLERK OF THE CITY OF DANIA BEFORE
THE DATE AND TIME OF THE MEETING STATING THE REASONS FOR THEIR
�f ABSENCE. THE COMMITTEE SHALL VOTE ON WHETHER NOT TO GRANT THE `
.- EXCUSE. IF A MAJORITY OF THOSE ATTENDING THE MEETING VOTE YES, THE i
EXCUSE WILL BE GRANTED TO THE ABSENT MEMBER. THE CHAIRPERSON
SHALL NOTIFY A MEMBER BY MAIL WHO ACCUMULATES TWO (2) CONSECUTIVE
UNEXCUSED ABSENCES IN A TWELVE (12) MONTH SPAN WITH COPIES OF SAID
NOTICE DEPOSITED WITH THE CLERK OF THE CITY OF DANIA AND THE DANIA
CITY MANAGER.
You did not attend nor apply to the Committee for an excused absence for a meeting held
October 26, 1996, you did not attend nor apply for an excused absence for the next
meeting held March 28, 1996, and you did not attend nor apply for an excused absence
I for the next meeting held July 25, 1996. Therefore, you have not attended three
consecutive meetings nor did you receive excused absences from the Committee for this
y e.4 non attendance. THIS IS YOUR FORMAL NOTIFICATION FROM THE COMMITTEE
THAT YOU HAVE AUTOMATICALLY RESIGNED FROM THE DANIA AIRPORT
ADVISORY COMMITTEE.
Sincerely,
° Victor Lohman
Chairperson, Dania Airport Advisory Committee
' cc: Commissioner Bill Hyde
Mike Smith, Dania City Manager
I Marie Jabalee, Dania Citv Clerk
i Vice Chairperson Ann Castro
i Committee file
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