HomeMy WebLinkAbout2010-08-10 Regular City Commission Meeting Minutes MINUTES OF REGULAR MEETING
DANIA BEACH CITY COMMISSION
TUESDAY, AUGUST 10, 2010 — 7:00 P.M.
1. Call to Order/Roll Call
Mayor McElyea called the meeting to order at 7:00 p.m.
Present:
Mayor: C. K. "Mac"McElyea
Vice-Mayor: Anne Castro
Commissioners: Bob Anton
Walter Duke
Bobbie Grace
Asst. City Manager: Colin Donnelly
City Attorney: Thomas Ansbro
City Clerk: Louise Stilson
2. Invocation and Pledge of Allegiance
Vice-Mayor Castro gave the invocation followed by the Pledge of Allegiance to the United
States Flag.
3. Presentations and
Special Event Approvals
P
3.1 Special Event request from St. Ruth Missionary Baptist Church and New Birth
Baptist Church, for the Take the City for Christ Tent Crusade, to be held at the corner
of NW 3rd Street and 9th Avenue, from Wednesday, September 15, 2010 through
Saturday, September 19, 2010
Commissioner Grace motioned to approve the Special Event request for Take the City for
Christ Tent Crusade; seconded by Commissioner Duke. The motion carried unanimously.
3.2 Special Event request, and request for waiver of fees, from Ebenezer Deliverance
Temple for the Health and Wellness Back to School Event to be held at Ebenezer
Deliverance Temple, 2340 Griffin Road, on August 21, 2010 from 8:30 a.m. — 1:00
p.m.
Commissioner Grace motioned to approve the Special Event for the Health and Wellness
Back to School Event and to waive the Special Event application fees; seconded by Vice-
Mayor Castro. The motion carried unanimously.
Addendum
3.3 Health Plan Update by Lloyd Rhodes, The Rhodes Insurance Group
Lloyd Rhodes, The Rhodes Insurance Group, provided a PowerPoint overview of the current
City Health Plan,which is attached to and incorporated into these minutes.
Vice-Mayor Castro questioned if it was possible to combine various groups by joining other
municipalities, in order to obtain a better rate.
Mr. Rhodes advised that the various benefit levels and cultures that exist within each particular
government agency, in addition to the different collective bargaining agreements, make it
impossible to create one common plan.
Vice-Mayor Castro questioned if they provided a solvency projection for the plan.
Mr. Rhodes responded that the Actuary provides that information. He noted that flexibility
should be added into the union negotiations.
Vice-Mayor Castro questioned the reinsurance policy.
Mr. Rhodes noted that it is not typical for our City to hit the aggregate. He added that they are
comfortable with the reinsurance proposal presented to the Commission. Mr. Rhodes pointed
out that although the City's plan is currently sound, there is no certainty as to how long it will
continue to be affordable.
4. Proclamations
4.1 Honeybee Awareness Day
Mayor McElyea presented the Honeybee Awareness Day proclamation to Leo Gosser, President
of the Broward Beekeepers Association.
Mr. Gosser presented a Certificate of Appreciation acknowledging the City of Dania Beach's
efforts to promote the importance of honeybees.
5. Citizen Comments
Victoria Payne, Executive Director, Dania Beach Chamber of Commerce, 102 W. Dania Beach
Boulevard,provided an update of Chamber events.
Richard Sokol, 609 NW loth Street, Melaleuca Gardens, commented that BSO was not invited to
the meeting on crime held by Commissioner Duke and Lisa Duke. He noted that BSO provided
the crime stats to Commissioner Duke and he said he was not interested in them. Mr. Sokol
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Tuesday,August 10,2010—7:00 p.m.
pointed out that Commissioner Duke invited a police officer from the Village of Bal Harbor to
talk about crime in Dania Beach. He indicated that Patrick Phipps is using scare tactics in his
political campaign.
6. Public Safety Reports
Fire Chief Fernandez was available to answer questions from the Commission.
BSO Commander Mike Grimm provided an update on the recent activity at the Hilton Hotel.
Vice-Mayor Castro asked if a parade could be held in conjunction with the "Night out on Crime"
to make it more of a city-wide function.
7. Consent A end
Items removed from Consent Agenda: #7.12
7.1 Minutes:
Approve minutes of July 27, 2010 City Commission meeting
7.2 Travel Requests: None
Resolutions
7.3 RESOLUTION#2010-060
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA,ADOPTING A
WATER CONSERVATION PLAN; MAKING FINDINGS; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
7.4 RESOLUTION#2010-122
A RESOLUTION OF THE CITY OF DANIA BEACH SUPPORTING THE REGIONAL PLANNING COUNCILS
OF SOUTHEAST FLORIDA IN PREPARING A COMPREHENSIVE JOINT APPLICATION UNDER THE
FEDERAL SUSTAINABLE COMMUNITIES INITIATIVE AND ESTABLISHING A WORKING
PARTNERSHIP AGREEMENT WITH PUBLIC, PRIVATE, NON-PROFIT, AND CIVIC SECTOR
ORGANIZATIONS, INCLUDING BUT NOT LIMITED TO, WATER RESOURCE, HOUSING, HUMAN
SERVICES, ENVIRONMENTAL AND TRANSPORTATION AGENCIES, COMMUNITY-BASED
ORGANIZATIONS, LOCAL GOVERNMENTS, NONPROFITS, ACADEMIA AND RESEARCH
INSTITUTIONS, SCHOOL BOARDS AND PRIVATE SECTOR ORGANIZATIONS; PROVIDING FOR
CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
7.5 RESOLUTION#2010-128
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA
AUTHORIZING THE CITY MANAGER TO CONTINUE SECURITY SERVICES FOR THE DANIA BEACH
MARINA FROM STATEWIDE ENTERPRISES, WITHOUT COMPETITIVE BIDDING AND FOR A WEEKLY
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Dania Beach City Commission
Tuesday,August 10,2010—7:00 p.m.
SUM OF$2,307.69 AND SUBJECT TO AN AMOUNT NOT TO EXCEED$30,000.00 UNTIL SEPTEMBER 30,
2010 WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR TWO WEEKS WRITTEN NOTICE TO
TERMINATE SERVICES UPON WRITTEN NOTICE FROM THE CITY; PROVIDING FOR CONFLICTS;
FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
7.6 RESOLUTION #2010-129
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY
OFFICIALS TO RENEW AN AGREEMENT WITH THE MAXON COMPANIES TO PROVIDE CLAIMS
ADMINISTRATION FOR A SELF-FUNDED DENTAL, VISION AND DISABILITY PLAN TO ELIGIBLE
EMPLOYEES AND RETIREES, AND TO INCLUDE IN THIS AGREEMENT ACCESS TO A DENTAL
PREFERRED PROVIDER ORGANIZATION NETWORK, IN AN AMOUNT NOT TO EXCEED $13,702.00
FOR FISCAL YEAR 2010-2011; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
7.7 RESOLUTION#2010-130
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY
OFFICIALS TO RENEW AN AGREEMENT WITH AVMED HEALTH PLANS TO PROVIDE A SELF-
FUNDED OPEN ACCESS POINT OF SERVICE ("POS") PLAN TO ELIGIBLE EMPLOYEES, RETIREES OR
BOTH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
7.8 RESOLUTION #2010-131
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO
ACCEPT THE PROPOSAL TO PROVIDE BASIC LIFE INSURANCE TO ELIGIBLE EMPLOYEES AND
RETIREES IN AN AMOUNT NOT TO EXCEED $48,000.00 AND SUPPLEMENTAL COVERAGE OPTIONS
TO ELIGIBLE EMPLOYEES FROM THE HARTFORD LIFE AND ACCIDENT INSURANCE COMPANY;
PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
7.9 RESOLUTION #2010-132
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY
OFFICIALS TO ENTER INTO AN AGREEMENT WITH SYMETRA FINANCIAL TO PROVIDE SPECIFIC
AND AGGREGATE REINSURANCE COVERAGE IN CONNECTION WITH THE CITY'S SELF-FUNDED
GROUP HEALTH PLAN; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
7.10 RESOLUTION#2010-133
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
REAPPOINTING THE RHODES INSURANCE GROUP AS HEALTH CARE CONSULTANT TO THE CITY
FOR AN AMOUNT NOT TO EXCEED $18,000.00 FOR FISCAL YEAR 2010-2011; PROVIDING FOR
CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
7.11 RESOLUTION#2010-134
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING
TO CHANGE ORDER NO. 1 TO THE NANOFILTRATION WATER PLANT PROJECT, REALLOCATING
ALLOWANCES FOR NO NET INCREASE IN TIME OR COST; MAKING FINDINGS; PROVIDING FOR
CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
Minutes of Regular Meeting 4
Dania Beach City Commission
Tuesday,August 10,2010—7:00 p.m.
7.13 RESOLUTION #2010-136
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING
TO CHANGE ORDER NO. 8 FOR THE NEW PUBLIC SERVICES ADMINISTRATION BUILDING,
REALLOCATED ALLOWANCES FOR NO NET INCREASE IN TIME OR COST; PROVIDING FOR
CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
Vice-Mayor Castro motioned to adopt the Consent Agenda, with the exception of Item
#7.12; seconded by Commissioner Duke. The motion carried on the following 5-0 Roll Call
vote:
Commissioner Anton Yes Vice-Mayor Castro Yes
Commissioner Duke Yes Mayor McElyea Yes
Commissioner Grace Yes
7.12 RESOLUTION#2010-135
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING
TO CHANGE ORDER NO. 2 FOR THE NANOFILTRATION WATER PLANT PROJECT; REALLOCATING
ALLOWANCES FOR NO NET INCREASE IN TIME AND AN INCREASE IN COST OF A NOT TO EXCEED
AMOUNT OF $285,992.00; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
City Attorney Ansbro read the title of Resolution#2010-135.
Commissioner Anton asked Director Orlando about a generator that is being replaced.
Director Orlando responded we could sell the generator that is currently serving the existing
water plant. He clarified that we are not planning on giving it to the contractor.
Commissioner Anton asked Director Orlando to come back with a recommendation of what we
are planning to do with these items.
Director Orlando noted that the account number would change from that stated on the resolution.
Commissioner Anton motioned to adopt Resolution #2010-135, with the amended account
number; seconded by Vice-Mayor Castro. The motion carried on the following 5-0 Roll
Call vote:
Commissioner Anton Yes Vice-Mayor Castro Yes
Commissioner Duke Yes Mayor McElyea Yes
Commissioner Grace Yes
8. Bids and Requests for Proposals
There were no proposals on this agenda.
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Dania Beach City Commission
Tuesday,August 10,2010—7:00 p.m.
9. Public Hearings and Site Plans
9.1 ORDINANCE#2010-015
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING
THAT A PORTION OF NW 1 IT AVENUE (FROM STIRLING ROAD TO NW 3RD STREET) BE RE-NAMED
AS PARK AVENUE EAST WITH A CO-DESIGNATION OF NW/SW 1ST AVENUE,AND THAT A PORTION
OF SW 3RD AVENUE (FROM STIRLING.ROAD TO NW 2ND STREET) BE RE-NAMED AS PARK AVENUE
WEST WITH A CO-DESIGNATION OF NW/SW 3RD AVENUE, BOTH IN THE CITY OF DANIA BEACH;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE. (SECOND READING)
City Attorney Ansbro read the title of Ordinance 42010-015.
Mayor McElyea opened the Public Hearing. Seeing as there was no one to speak in favor or
opposition, he closed the Public Hearing.
Commissioner Anton motioned to adopt Ordinance #2010-015, on second reading;
seconded by Commissioner Grace. The motion carried on the following 5-0 Roll Call vote:
Commissioner Anton Yes Vice-Mayor Castro Yes
Commissioner Duke Yes Mayor McElyea Yes
Commissioner Grace Yes
9.2 ORDINANCE#2010-016
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING
CHAPTER 27 ENTITLED "WATER AND SEWERS" OF THE CITY CODE OF ORDINANCES TO CREATE
SECTION 27-29.1,SPECIFYING NEW REQUIREMENTS FOR PLUMBING FIXTURES(TOILETS,URINALS,
SHOWER HEADS AND WATER FAUCETS) FOR ALL NEW CONSTRUCTION, INCLUDING ALL NEW
REMODELING OF BUILDINGS AND HOMES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS• FURTHER PROVIDING FOR AN EFFECTIVE DATE. SECOND READING
City Attorney Ansbro read the title of Ordinance#2010-016.
Mayor McElyea opened the Public Hearing. Seeing as there was no one to speak in favor or
opposition,he closed the Public Hearing.
Vice-Mayor Castro noted that we are taking these measures in order to make everyone aware of
the importance of water conservation.
Vice-Mayor Castro motioned to adopt Ordinance #2010-016, on second reading; seconded
by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote:
Commissioner Anton Yes Vice-Mayor Castro Yes
Commissioner Duke Yes Mayor McElyea Yes
Commissioner Grace Yes
Minutes of Regular Meeting 6
Dania Beach City Commission
Tuesday,August 10,2010—7:00 p.m.
9.3 ORDINANCE#2010-017
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
PERTAINING TO THE PLANTING OF"FLORIDA FRIENDLY LANDSCAPING"PLANTS IN CONNECTION
WITH NEW DEVELOPMENT, REDEVELOPMENT, OR REPLACEMENT OF IRRIGATION SYSTEMS BY
CREATING SECTION 26-55, ENTITLED "NATIVE VEGETATION", AND SECTION 26-56, ENTITLED
"RAIN SENSORS", TO REQUIRE THE INSTALLATION OF RAIN SENSORS IN CONNECTION WITH ALL
NEW IRRIGATION SYSTEMS (BOTH SECTIONS TO BE INCLUDED IN CHAPTER 26 ENTITLED
"VEGETATION"OF THE CITY CODE OF ORDINANCES);PROVIDING FOR SEVERABILITY;PROVIDING
FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING)
City Attorney Ansbro read the title of Ordinance#2010-017.
Mayor McElyea opened the Public Hearing. Seeing as there was no one to speak in favor or
opposition, he closed the Public Hearing.
Vice-Mayor Castro motioned to adopt Ordinance #2010-017, on second reading; seconded
by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote:
Commissioner Anton Yes Vice-Mayor Castro Yes
Commissioner Duke Yes Mayor McElyea Yes
Commissioner Grace Yes
9.4 ORDINANCE#2010-018
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,PROVIDING
FOR LOCAL IMPLEMENTATION OF THE WATER CONSERVATION RULE FOR LANDSCAPE
IRRIGATION OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT; PROVIDING FOR:
DEFINITIONS; THE LANDSCAPE IRRIGATION SCHEDULE; EXCEPTIONS TO THE SCHEDULE;
VARIANCES FROM THE SPECIFIC DAY OF THE WEEK LIMITATIONS; THE APPLICABILITY OF THE
ORDINANCE; ENFORCEMENT OF THE ORDINANCE; PENALTIES FOR VIOLATION OF THE
ORDINANCE;PROVIDING FOR SEVERABILITY;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING
FOR AN EFFECTIVE DATE. (SECOND READING)
City Attorney Ansbro read the title of Ordinance #2010-018.
n one to speak in favor or
the Public Hearin Seeing as there was o
Mayor McElyea openedg g p
opposition,he closed the Public Hearing.
Vice-Mayor Castro motioned to adopt Ordinance #2010-018, on second reading; seconded
by Commissioner Duke. The motion carried on the following 5-0 Roll Call vote:
Commissioner Anton Yes Vice-Mayor Castro Yes
Commissioner Duke Yes Mayor McElyea Yes
Commissioner Grace Yes
City Attorney Ansbro advised the remaining items were quasi-judicial matters and swore-in
those who would speak. He asked the Commission to disclose any communication they had on
these matters.
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Dania Beach City Commission
Tuesday,August 10,2010—7:00 p.m.
9.5 RESOLUTION#2010-110
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
THE VARIANCE REQUEST SUBMITTED BY ITZHAK DICKSTEIN, OWNER OF TNT FIREWORKS(A/K/A
NEPTUNE FIREWORKS) FROM CHAPTER 28, "ZONING", ARTICLE 28, "SIGNS", FOR PROPERTY
LOCATED AT 768 EAST DANIA BEACH BOULEVARD, DANIA BEACH; PROVIDING FOR CONFLICTS;
FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (Continued from July 27,2010)
City Attorney Ansbro read the title of Resolution#2010-110.
Kristin Dion, City Planner, explained that the applicant is requesting a variance to allow for a
monument sign using LED digital display. She provided an overview of the request. Ms. Dion
noted that the Planning and Zoning Board recommends approval of the request, and that staff
recommends denial of the request.
Vice-Mayor Castro confirmed that the sign would be static and not flashing.
Mayor McElyea opened the Public Hearing.
Itzhak Dickstein, representing TNT Fireworks, noted that his company has been installing these
signs at all of their locations. He indicated that a local company would be installing the sign.
Susan Ripsky, 406 SE 4th Terrace, questioned if the sign would be brightly lit.
Mr. Dickstein responded it would not be lit at night.
Seeing as there was no one else to speak in favor or opposition, Mayor McElyea closed the
Public Hearing.
Commissioner Grace motioned to adopt Resolution #2010-110; seconded by Vice-Mayor
Castro.
Vice-Mayor Castro indicated we need to revisit the sign code in the CRA district.
Commissioner Duke noted the business is not at a disadvantage. He pointed out that we are
working hard to enhance and beautify the CRA area; therefore he does not want to see these
signs on Dania Beach Boulevard.
Commissioner Anton noted we keep having issues with the sign ordinance. He remarked that it
is time to look at it and make the necessary changes.
Corinne La j oie, AICP, Principal Planner, noted the consultant is looking into the sign
regulations.
The motion carried on the following 4-1 Roll Call vote:
Minutes of Regular Meeting 8
Dania Beach City Commission
Tuesday,August 10,2010—7:00 p.m.
Commissioner Anton Yes Vice-Mayor Castro Yes
Commissioner Duke No Mayor McElyea Yes
Commissioner Grace Yes
9.6 RESOLUTION#2010-123
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
THE VARIANCE REQUEST SUBMITTED BY NICOLAE COMSA REPRESENTING THE PALM AMERICAN
GRILLE FROM CHAPTER 281 "ZONING", ARTICLE 4.201, "PROXIMITY OF BEVERAGE
ESTABLISHMENTS TO CHURCHES, SCHOOLS",FOR PROPERTY LOCATED AT 2750 GRIFFIN ROAD IN
DANIA BEACH,PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution#2010-123.
Kristin Dion, City Planner, noted that the applicant is requesting a variance for the sale of
alcohol less than 1000 feet from a church. She provided an overview of the request. Ms. Dion
advised that the Planning and Zoning Board as well as staff recommend approval of the variance.
Mayor McElyea opened the Public Hearing.
Nicolae Comsa, President of Palm American Grille, noted they need an alcohol license in order
to operate the restaurant which has been at this location for the past thirty years.
Hector Cortes, 16553 Norris Road, Wellington, Florida, spoke in favor of the request.
Seeing as there was no one else to speak in favor or opposition, Mayor McElyea closed the
Public Hearing.
Commissioner Anton motioned to adopt Resolution #2010-123; seconded by Vice-Mayor
Castro. The motion carried on the following 5-0 Roll Call vote:
Commissioner Anton Yes Vice-Mayor Castro Yes
Commissioner Duke Yes Mayor McElyea Yes
Commissioner Grace Yes
9.7 RESOLUTION#2010-124
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST SUBMITTED
BY SCOTT BAKOS WITH THE FIRM BERMELLO AJAMIL & PARTNERS, INC., REPRESENTING THE
PROPERTY OWNER DANIA BEACH DEVELOPMENT GROUP/RILEA GROUP, FOR A SPECIAL
EXCEPTION USE TO ALLOW THE CONSTRUCTION OF A HOTEL IN THE TRANSIT ORIENTED
CORRIDOR (TOC-1) AND THE ASSIGNMENT OF 240 HOTEL ROOMS FROM THE LOCAL ACTIVITY
CENTER, FOR PROPERTY LOCATED APPROXIMATELY 550 FEET EAST OF SE 5TH AVENUE ON THE
SOUTH SIDE OF EAST DANIA BEACH BOULEVARD, IN THE CITY OF DANIA BEACH; PROVIDING
FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. .
City Attorney Ansbro read the title of Resolution #2010-124, Resolution #2010-125, and
Resolution #2010-126 because they relate to the same property. He advised that the applicant
requested a continuance until the October 12, 2010 City Commission meeting.
Minutes of Regular Meeting 9
Dania Beach City Commission
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Mayor McElyea opened the Public Hearings. Seeing as there was no one to speak in favor or
opposition, he closed the Public Hearings.
Commissioner Anton motioned to continue Resolution #2010-124, Resolution #2010-125,
and Resolution #2010-126 until the October 12, 2010 City Commission meeting at 7:00
p.m.; seconded by Vice-Mayor Castro. The motion carried unanimously.
9.8 RESOLUTION#2010-125
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VARIANCE REQUEST
SUBMITTED BY SCOTT BAKOS WITH THE FIRM BERMELLO AJAMIL & PARTNERS, INC.,
REPRESENTING THE PROPERTY OWNER DANIA BEACH DEVELOPMENT GROUP/RILEA GROUP
FROM CHAPTER 28, "ZONING" AND CHAPTER 26, "VEGETATION", FOR PROPERTY LOCATED
APPROXIMATELY 550 FEET EAST OF SE 5TH AVENUE ON THE SOUTH SIDE OF EAST DANIA BEACH
BOULEVARD, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
9.9 RESOLUTION#2010-126
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST
SUBMITTED BY SCOTT BAKOS WITH THE FIRM BERMELLO AJAMIL & PARTNERS, INC.,
REPRESENTING THE PROPERTY OWNER DANIA BEACH DEVELOPMENT GROUP/RILEA GROUP,FOR
PROPERTY LOCATED APPROXIMATELY 550 FEET EAST OF SE 5TH AVENUE ON THE SOUTH SIDE OF
EAST DANIA BEACH BOULEVARD, IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR
CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
10. Discussion and Possible Action
There were no discussion items on this agenda.
11. Commission Comments
11.1 Commissioner Anton
Commissioner Anton noted that several residents on NW loth Avenue painted and cleaned a
house for an elderly woman in the neighborhood. He stated that they need to be commended for
helping our community.
Commissioner Anton reminded people that the fear of crime is much worse than crime itself
because it keeps people inside, keeps businesses away, and encourages crime.
Commissioner Anton requested that the Commission set the date for the second public hearing
for the Budget.
11.2 Commissioner Duke
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Dania Beach City Commission
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Commissioner Duke noted that he is happy that people are talking about crime, because it is a
problem. He said that Dania Beach is well known as a high crime area and we need to do
something about it.
Commissioner Duke noted that the lot in the southwest corner of Griffin Road and Anglers
Avenue is for sale. He commented that we just approved an extension of the site plan for that
property and the owners lost it.
Commissioner Duke noted that there is a contract on the Resurrection Church property for
another Church.
n
Commissioner.Duke noted that he watched the County Commissionmeeti g today and it was
ugly and disgusting. He said that as a taxpayer he was disappointed to see how our County
Commissioners talk among themselves. Commissioner Duke remarked we need to rise above it
and get stuff done together for the benefit of our community.
11.3 Commissioner Grace
Commissioner Grace noted she attended several civic functions.
Commissioner Grace commended Commissioner Duke for doing a great job on the General
Employees Pension Board.
Commissioner Grace noted that her community has members from other Police Departments.
She added that they are planning to start a baseball team in the neighborhood.
Commissioner Grace noted that we need to try to be more civil to one another. She remarked
i
that she is trying to do what is right.
Commissioner Grace noted that we should look for funds from the federal government to keep
our School Resource Officers.
11.4 Vice-Mayor Castro
Vice-Mayor Castro noted that the County Commission meeting was very productive. She
remarked that they have more issues than we do. Vice-Mayor Castro further advised that Dania
Beach had two items on their agenda, both related to our Regional Activity Center (RAC), and
they were approved unanimously. She thanked County Commissioners Ilene Lieberman and
Lois Wexler for supporting Dania Beach. Vice-Mayor Castro also thanked staff and everyone
who was involved in the process.
Vice-Mayor Castro noted that Atlantic Marina is going through bankruptcy. She spoke about the
extension of the site plan approved by the Commission some time ago which included a number
of units. Vice-Mayor Castro would like the City to look into getting back the units that were
approved.
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Commissioner Duke noted these are notes on the plat and they stay with the property.
City Attorney Ansbro explained that the property is now out of foreclosure. He cited a case law
that upheld site plan approvals in Dania Beach. City Attorney Ansbro noted that we will
maintain that they lost the approvals and they would need City Commission approval to revive
them.
Vice-Mayor Castro requested a report on the matter.
Bob Daniels, Director of Community Development, commented that Senate Bill 360 provided
rights to update site plans. He clarified that there are rights that are vested through legislation.
Director Daniels noted that we need to determine our legal rights, which he will discuss with the
City Attorney. Lastly,he remarked that we need to find water.
Director Daniels provided an update on the water situation. He advised that the City of
Hallandale Beach will develop its wellfield in 2013 and it will allow us to take 700,000 gallons
allocated to us but not being used, and move that allocation over to the Brian Piccolo South
Regional wellfield. Director Daniels added that he will follow up with the County and keep the
Commission informed. He indicated that Director Orlando is meeting with the City of
Hollywood this week. Director Daniels remarked that Broward County is doing a lot for us right
now.
Vice-Mayor Castro noted that some waste haulers are contacting her because there is no pre-bid
meeting for the Residential Solid Waste Collection Services bid. She asked for consensus for
staff to meet with the waste haulers. Vice-Mayor Castro indicated she would like to stay out of
this issue and let staff deal with the bid process.
It was the consensus of the Commission for staff to meet with the waste haulers to address their
concerns.
Commissioner Duke noted that he has received several calls about this issue. He added that he
already had the meeting with the waste haulers. Commissioner Duke indicated that staff is not
doing the RFP right.
Vice-Mayor Castro noted that she and Commissioner Grace discussed the lack of civility on the
Commission. She commented that she is working on City problems, not campaigning. Vice-
Mayor Castro indicated that she is constantly being attacked; if you want her to be civil, leave
her alone. She stated that she does not disrespect Lisa Duke or talk about her with anybody.
Vice-Mayor Castro pointed out that if she needs to disassociate herself from the people, she will,
because she does not play the game this way. She noted that she has had enough and will not
take it quietly anymore if someone wants to impugn her reputation or question her integrity.
Vice-Mayor Castro said she understands that it is all political; however, there is a way to do the
campaign and keep it out of the Chamber. She personally asked her fellow Commissioners to
show respect and civility in the Chamber and out of the Chamber. Lastly, she encouraged the
Commission to stop the nonsense and be civil.
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Dania Beach City Commission
Tuesday,August 10,2010—7:00 p.m.
11.5 Mayor McElyea
Mayor McElyea thanked Director Orlando and his staff for getting the lights fixed in some areas
of the City.
Mayor McElyea asked the Commission to work together for the benefit of the people.
Mayor McElyea noted that he wants to stay out of the solid waste bid process.
12. Appointments
There were no appointments at this meeting.
13. Administrative Reports
13.1 City Manager
13.1.1 Oasis Project Input
Assistant City Manager Donnelly noted the City Manager is looking for input as to what groups
he should meet with before he finalizes the project to bring to the Commission.
Commissioner Duke noted he should make presentations to the civic groups.
Vice-Mayor Castro noted City Manager Baldwin should reach out to civic associations such as
Triangle Village, College Gardens and Northwest Byrd Pointe. She also suggested contacting
the City of Hollywood to combine strategies which would benefit both cities. Vice-Mayor
Castro thought organizations like the American Maritime Association (AMO) and the businesses
in the community should be aware that our neighborhoods are changing.
13.1.2 Budget Workshop Televising/City Commission Policies
Assistant City Manager Donnelly noted the City Manager wants clarification on televising
meetings, since the City does not have a written policy on this issue. He asked the Commission
for their preferences regarding the upcoming Budget workshop on Saturday, August 28, 2010.
Commissioner Duke noted we should televise the workshop.
Vice-Mayor Castro stated we should televise them all.
Commissioner Grace asked if we have to pay overtime for televising the meeting.
Assistant City Manager Donnelly responded in the affirmative.
Minutes of Regular Meeting 13
Dania Beach City Commission
Tuesday,August 10,2010—7:00 p.m.
Commissioner Grace agreed to do it.
Vice-Mayor Castro noted that Joe Husosky could start the machine, and walk away.
Commissioner Anton noted that if staff needs to be here to televise the meeting,they should stay.
He further commented that not many people will be watching a meeting on a Saturday; however,
transparency is important, considering the current state of affairs nationwide.
Commissioner Grace noted she wants people to have the opportunity to watch the meeting,
p p Pp tY g,
although she would not want to spend a lot of money in overtime.
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Commissioner Duke noted he talked to the City Manager and he told him there was a consensus
not to televise the meeting.
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Vice-Mayor Castro clarified that she does not want to make it about the City Manager; we
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should have these discussions in public whenever possible.
Mayor McElyea noted he told the City Manager not to televise the meeting and save the money
for overtime.
Commissioner Grace reiterated that her comment was "whatever the majority wants", since it
does not make any difference to her.
The Commission unanimously agreed to televise the Budget workshop and the Budget public
hearings.
It was the consensus of the Commission to hold the second and final public hearing on Thursday,
September 23 at 7:00 p.m.
Assistant City Manager Donnelly noted the Florida League of Cities is offering training for
advisory boards and he has notified the board members. He advised that the City will pay for the
cost.
13.2 City Attorney
City Attorney Ansbro noted the bus bench contract expires September 30, 2010. He advised that
the CRA Director does not want us to renew the contract because he can make arrangements
with Broward County to provide bus benches and bus shelters at their expense. City Attorney
Ansbro clarified that these are two different contracts and the bus shelter contract expires in
March, 2011. He explained that we use funds derived from these contracts to help fund some
non-profit organizations such as the Area Agency on Aging, etc.
Vice-Mayor Castro noted she spoke with CRA Director Earle about this matter. She indicated
we could provide notice to Martin Outdoor Media and not process an RFP at this time.
Minutes of Regular Meeting 14
Dania Beach City Commission
Tuesday,August 10,2010—7:00 p.m.
Jeremy Earle, CRA Executive Director, noted he has been working with Broward County Transit
for several months. He advised that their program provides bus shelters, benches and garbage
cans. Director Earle provided an overview of the program. He noted that we have to wait until
our bus shelter contract with Clear Channel expires next year. Director Earle stated that his
recommendation to the Commission is to reconsider how these contracts are handled because it
affects our beautification efforts.
Vice-Mayor Castro noted that we can extend the contract for six months until the program is in
place. She asked Director Earle to bring recommendations to the next meeting.
13.3 City Clerk - Reminders
Tuesday,August 24, 2010—7:00 p.m. City Commission Meeting
Saturday, August 28, 2010—9:00 a.m. Budget Workshop
Wednesday, September 1, 2010—6:00 p.m. CRA Board Meeting
Monday, September 13, 2010—7:00 p.m. First Public Hearing FY 2010-2011 Budget
Tuesday, September 14, 2010—7:00 p.m. City Commission Meeting
Thursday, September 16, 2010—6:00 p.m. Abatement Hearing
Thursday, September 23, 2010—7:00 p.m. Second Public Hearing FY 2010-2011
Budget
Tuesday, September 28, 2010—7:00 p.m. City Commission Meeting
14. Adjournment
Mayor McElyea adjourned the meeting at 9:23 p.m.
ATTEST: CITY OF DANIA BEACH
LOUISE STILSON, CMC C. LYEA
CITY CLERK aRD's Fir MAYOR-COMMISSIONER
Approved: September 14, 2010
l
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Minutes of Regular Meeting 15
Dania Beach City Commission
Tuesday,August 10,2010—7:00 p.m.
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REQUEST TO ADDRESS
ITY COMMISSION AT REGULAR
OR SPECIAL MEETINGS
The City is required by state law to keep minutes of City Commission meetings. To properly identify
persons who address the City Commission in those minutes, the City requests that this form be completed
and provided to the City Clerk, before the meeting begins.
DATE OF COMMISSION MEETING: , 20
PRINT NAME: .
1 -
ADDRESS:
PHONE NO. (optional):
PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW:
CITIZEN COMMENTS:
Com nts by Dania Beach citizens or interested parties that are not part of the regular printed agenda may be made during each
Commission meeting during the period set aside for"Citizen Comments." A thirty(30)minute"Citizen Comments"period shall
be designated on the agenda for citizens and interested persons to speak on matters not scheduled on that day's agenda. The
citizen comments' period shall begin promptly at 7:30 PM. Each speaker shall be limited to 3 minutes for his or her comments.
Persons desiring to speak during the citizen comment period shall inform the City Clerk immediately prior to the beginning of the
meeting of their intention to speak. If more than 10 speakers express a desire to speak, the Commission shall determine on a
meeting by meeting basis whether to (a) extend the time allotted for citizen comments to accommodate all speakers, or (b)
whether to limit the number of speakers or amount of time per speaker. A speaker's time shall not be transferable to another
speaker.
PLEASE BRIEFLY DESCRIBE THE SUBJECT MATTER OF YOUR COMMENT:
2) - PUBLIC HEARINGS—ITEM# (AS PRINTED ON AGENDA)
PLEASE NOTE: IF YOU WISH TO SPEAK ON AN ITEM THAT PERTAINS TO A"ZONING"TYPE OF MATTER(FOR EXAMPLE,A
SITE PLAN, VARIANCE, SPECIAL EXCEPTION OR SIMILAR TYPE OF ITEM KNOWN AS A"QUASI-JUDICIAL" MATTER, YOU
ARE SUBJECT TO BEING ASKED TO SWEAR OR AFFIRM THAT YOU WILL BE TRUTHFUL AS TO YOUR COMMENTS OR
TESTIMONY. YOU MAY ALSO BE SUBJECT TO QUESTIONS ASKED OF YOU BY AN APPLICANT OR AN APPLICANT'S
REPRESENTATIVE OR ATTORNEY WHICH RELATE TO THE ITEM.
ANY PERSON WHO DECIDES TO APPEAL..,ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY MATTER
CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS,AND FOR SUCH PURPOSE MAY
NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
LOBBYIST REGISTRATION REQUIRED-REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY
PERSON, FIRM OR CORPORATION IS BEING PAID TO LOBBY ANY CITY COMMISSIONER ON ANY MATTER OR ISSUE
PURSUANT TO CITY ORDINANCE NO. 01-93. REGISTRATION FORMS AND COPIES OF THE ORDINANCE ARE AVAILABLE IN
THE CITY CLERK'S OFFICE AT CITY HALL.
G:\Agenda\PUBLIC SPEAKING FORM.doc
REQUEST TO ADDRESS
CITY COMMISSION AT REGULAR
OR SPECIAL MEETINGS
The City is required by state law to keep minutes of City Commission meetings. To properly identify
persons who address the City Commission in those minutes, the City requests that this form be completed
and provided to the City Clerk, before the meeting begins.
DATE OF COMM SSION MEETING: drr Av , 20./j
PRINT NAME: G /� C_Pl6d
ADDRESS: A , (�
PHONE NO. (optional):
)tional o :
PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW:
CITIZEN COMMENTS:
Comments by Dania Beach citizens or interested parties that are not part of the regular printed agenda may be made during each
Commission meeting during the period set aside for"Citizen Comments." A thirty(30)minute"Citizen Comments"period shall
be designated on the agenda for citizens and interested persons to speak on matters not scheduled on that day's agenda. The
citizen comments' period shall begin promptly at 7:30 PM. Each speaker shall be limited to 3 minutes for his or her comments.
Persons desiring to speak during the citizen comment period shall inform the City Clerk immediately prior to the beginning of the
meeting of their intention to speak. if more than 10 speakers express a desire to speak, the Commission shall determine on a
meeting by meeting basis whether to (a) extend the time allotted for citizen comments to accommodate all speakers, or (b)
whether to limit the number of speakers or amount of time per speaker. A speaker's time shall not be transferable to another
speaker.
PLEASE BRIEFLY DESCRIBE THE SUBJECT MATTER OF YOUR COMMENT:
2) ' PUBLIC HEARINGS—ITEM# (AS PRINTED ON AGENDA)
PLEASE NOTE: IF YOU WISH TO SPEAK ON AN ITEM THAT PERTAINS TO A"ZONING"TYPE OF MATTER(FOR EXAMPLE,A
SITE PLAN, VARIANCE, SPECIAL EXCEPTION OR SIMILAR TYPE OF ITEM KNOWN AS A"QUASI-JUDICIAL" MATTER, YOU
ARE SUBJECT TO BEING ASKED TO SWEAR OR AFFIRM THAT YOU WILL BE TRUTHFUL AS TO YOUR COMMENTS OR
TESTIMONY. YOU MAY ALSO BE SUBJECT TO QUESTIONS ASKED OF YOU BY AN APPLICANT OR AN APPLICANT'S
REPRESENTATIVE OR ATTORNEY WHICH RELATE TO THE ITEM.
ANY PERSON WHO DECIDES TO APPEAL,ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY MATTER
CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS,AND FOR SUCH PURPOSE MAY
NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
LOBBYIST REGISTRATION REQUIRED-REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY
PERSON, FIRM OR CORPORATION IS BEING PAID TO LOBBY ANY CITY COMMISSIONER ON ANY MATTER OR ISSUE
PURSUANT TO CITY ORDINANCE NO. 01-93. REGISTRATION FORMS AND COPIES OF THE ORDINANCE ARE AVAILABLE IN
THE CITY CLERK'S OFFICE AT CITY HALL,
G:\AgendalPUBLIC SPEAKING FORM.doc
REQUEST 4TADDRESS
CITY COMMISSION AT REGULAR
OR. SPECIAL MEETINGS
The City is required by state law to keep minutes of City Commission meetings. To properly identify
persons who address the City Commission in those minutes, the City requests that this form be completed
and provided to the City Clerk, before the meeting begins.
DATE OF COMMIS ON MEETING: "" d 20
PRINT NAME: QQ G�c..
ADDRESS:
PHONE NO. (optional):
PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW:
1) K CITIZEN COMMENTS:
Comments by Dania Beach citizens or interested parties that are not part of the regular printed agenda may be made during each
Commission meeting during the period set aside for"Citizen Comments." A thirty(30)minute"Citizen Comments"period shall
be designated on the agenda for citizens and interested persons to speak on matters not scheduled on that day's agenda. The
citizen comments' period shall begin promptly at 7:30 PM. Each speaker shall be limited to 3 minutes for his or her comments.
Pet-sons desiring to speak during the citizen comment period shall inform the City Clerk immediately prior to the beginning of the
meeting of their intention to speak. If more than 10 speakers express a desire to speak, the Commission shall determine on a
meeting by meeting basis whether to (a) extend the time allotted for citizen comments to accommodate all speakers, or (b)
whether to limit the number of speakers or amount of time per speaker. A speaker's time shall not be transferable to another
speaker.
PLEASE BRIEFLY DESCRIBE THE SUBJECT MATTER OF YOUR COMMENT:
b�A C
2) PUBLIC HEARINGS ITEM# (AS PRINTED ON AGENDA)
f
PLEASE NOTE: IF YOU WISH TO SPEAK ON AN ITEM THAT PERTAINS TO A"ZONING"TYPE OF MATTER(FOR EXAMPLE,A
SITE PLAN, VARIANCE,SPECIAL EXCEPTION OR SIMILAR TYPE OF ITEM KNOWN AS A "QUASI-JUDICIAL" MATTER, YOU
ARE SUBJECT TO BEING ASKED TO SWEAR OR AFFIRM THAT YOU WILL BE TRUTHFUL AS TO YOUR COMMENTS OR
TESTIMONY. YOU MAY ALSO BE SUBJECT TO QUESTIONS ASKED OF YOU BY AN APPLICANT OR AN APPLICANT'S
REPRESENTATIVE OR ATTORNEY WHICH RELATE TO THE ITEM.
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY MATTER
CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS,AND FOR SUCH PURPOSE MAY
NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
LOBBYIST REGISTRATION REQUIRED-REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY
PERSON, FIRM OR CORPORATION IS BEING PAID TO LOBBY ANY CITY COMMISSIONER ON ANY MATTER OR ISSUE
PURSUANT TO CITY ORDINANCE NO. 01-93. REGISTRATION FORMS AND COPIES OF THE ORDINANCE ARE AVAILABLE IN
THE CITY CLERK'S OFFICE AT CITY HALL.
G:1Agenda\PUBLIC SPEAKING FORM.doc