HomeMy WebLinkAboutNULL (593) MINUTES OF REGULAR MEETING
DANIA BEACH CITY COMMISSION
TUESDAY, AUGUST 24, 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
City Manager: Bob Baldwin
City Attorney: Thomas Ansbro
Deputy City Clerk: Miriam Nasser
2. Invocation and Pledge of Allegiance
Commissioner Grace gave the invocation followed by the Pledge of Allegiance to the United
States Flag.
3. Presentations and Special Event Approvals
3.1 Presentation by the Dania Beach Fire Department to the American Maritime Officers
(AMO) for their sponsorship of the Annual Hollywood/Dania Beach Firefighters
Recognition Banquet
Bruce Caruso, Public Information Officer, EMS Division Chief, Fire Department, invited Joe
Gremelsbacker, American Maritime Officers (AMO), City of Hollywood Fire Chief Virgil
Fernandez and Division Chief Gary Smith, as well as Dania Beach Fire Chief Joe Fernandez and
Deputy Chief Michael Cassano to join him at the podium. He presented AMO with a trophy-
plaque in recognition of their continuous support and friendship. Division Chief Caruso
explained that after the tragic events of September 11, 2001, the cities of Hollywood and Dania
Beach came together with the idea of holding a "Firefighter Recognition Banquet" once a year,
to honor the retirees, firefighters of the year, and the new hires of both departments. Fund
raising was a difficult task and when AMO was approached in 2003 they immediately sponsored
the idea. Since then, AMO has led the financial support as the Chief Event Sponsor. Lastly, he
advised that this year the banquet will be held on September 11, and we will all remember those
events and the 343 firefighters who made the ultimate sacrifice on that day.
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Joe Gremelsbacker, representing AMO, noted that the trophy will take a place of honor at their
new facility which is currently under construction. He thanked the City for its hospitality during
all these years. Mr. Gremelsbacker also thanked the Firefighters and paramedics for all they do
for this community.
3.2 Presentation of South Florida's first Smart Growth City Award to the City of Dania
Beach and the Dania Beach Community Redevelopment Agency by the Smart
Growth Partnership of South Florida
Marianne Winfield, Smart Growth Partnership, presented a plaque recognizing Dania Beach as
the first State of Florida Smart Growth City. She noted that the City of Dania Beach and the
Dania Beach Community Redevelopment Agency have demonstrated a commitment to the
eleven principles of Smart Growth by developing and implementing a community-wide vision
that balances social desires and environmental sustainability, with the needs of the community.
Ms. Winfield further stated that through the principles of Smart Growth, the City of Dania Beach
is creating an environment that fosters the type of economic growth that will provide its residents
a rich and healthy quality of life. She noted that they want other cities in Broward County to
follow Dania Beach's example.
Addendum
3.3 Presentation of Certificate of Appreciation- Dismas Charities (Mayor McElyea)
Mayor McElyea presented a Certificate of Appreciation to representatives of Dismas House for
their on-going volunteer efforts and commitment to our community.
4. Proclamations
There were no proclamations at this meeting.
5. Citizen Comments
Victoria Payne, Executive Director, Dania Beach Chamber of Commerce, 102 W. Dania Beach
Boulevard, provided an update of Chamber events.
Rae Sandler, 810 NW 71h Avenue, Argonaut Isle, noted that several weeks ago she attended a
meeting of the Dania Beach Heights Homeowners' Association to discuss crime in our City. She
indicated that Commissioner Duke told BSO not to attend and instead they invited a police
officer from the Village of Bal Harbor to talk about crime in Dania Beach. She added that
Commissioner Grace introduced him as her neighbor. Ms. Sandler noted that Patrick Phipps
provided some crime statistics and told everyone that Dania Beach is the third highest crime-
driven city in the United States. She remarked that although Patrick Phipps states that he is a
member of the COPS Program, the have learned he is not an active participant. Ms. Sandler
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further commented that Commander Mike Grimm, Dania Beach BSO, attended the meeting on a
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Dania Beach City Commission
Tuesday,August 24,2010—7:00 p.m.
civilian capacity and offered to address any concerns that the residents might have. She pointed
out that a more constructive move would have been to invite BSO to educate the citizens on how
to protect themselves and recruit people under the COPS program. Ms. Sandler noted that the
Melaleuca Gardens Homeowners' Association works closely with our police officers. She
reiterated Commissioner.Anton's comments at another meeting that the fear of crime keeps
people inside their homes. Ms. Sandler finally stated that Commissioner Duke and Lisa Duke,
Patrick Phipps and Bobbie Grace are making it sound as if our Police Department is not doing
their job.
Commissioner Duke noted Ms. Sandler was very passionate but not necessarily accurate. He
pointed out that the residents in the southwest area are afraid to come out of their houses.
Commissioner Duke said that BSO attends every meeting of the Dania Beach Heights
Homeowners' Association and that he meets with Chief Peterson on a regular basis because their
ultimate goal is to make the neighborhood as safe as possible.
Vice-Mayor Castro noted that she understands there is a political cycle on the way, but people
should start accounting for their actions. She said that those saying how bad the City is are only
hurting their credibility. Vice-Mayor Castro asked the Commission and the residents to start
working together for a change, and to stop being negative. She encouraged everyone to start
going in a positive direction so we can get things achieved.
Mayor McElyea noted that good things are happening in our City. He commented that we were
held back by other politicians, but we are now moving forward. Mayor McElyea noted that he
does not like people telling stories that are not true. He further commented that when he heard
that BSO was not invited to the Dania Beach Heights meeting, he asked Commander Grimm to
be there and to make sure some police cars were there too. Mayor McElyea remarked that Chief
Peterson did not have to apologize for not being there because he was not invited to that meeting.
Joe Van Eron, 1500 SW 2nd Avenue, congratulated the City and the CRA for receiving the Smart
Growth Partnership award and for all that we have accomplished. He recognized many residents
of this City who got involved to make our dream come true. Mr. Van Eron was pleased to report
that his hotel has had full occupancy during the past months. He remarked that tourism will
definitely be a major part of this City.
Bob Mikes, 601 NW 7th Street, Melaleuca Gardens, noted that homeowners are receiving their
TRIM notices and they have expressed concerns regarding the decrease in property values. He
pointed out that this is probably the most difficult budget that this City has seen in many years.
Mr. Mikes remarked that staff needs to be very cautious and conservative on their decisions, in
order to allow future Commissions more flexibility. He suggested bringing employee pensions
and benefits to the same level as the private sector. Mr. Mikes noted that our residents want the
City to do more for them. He spoke about AMO being exempt from paying taxes when they also
use the services that the City provides. Lastly, Mr. Mikes stated that he hoped the Commission
makes a wise decision during these difficult economic times.
H 517 NE 2nd Place noted that the northeast section never asks for anything, however
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they need assistance when a house is abandoned. She referred to their request for speed humps
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Dania Beach City Commission
Tuesday,August 24,2010—7:00 p.m.
on 2nd Street and asked for sidewalks to be installed instead. Ms. Hart thanked the Fire
Department and BSO for their care and support during a recent emergency at her house.
Linda Sacco, 4481 SW 381h Terrace, Davis Isles, noted that Patrick Phipps, a candidate for City
Commission spoke about our high level of.crime on the internet. She said that Mr. Phipps also
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stated that it is negligent for any elected leader to suggest that we stop talking about crime. Ms.
Sacco referred to positive articles written about Dania Beach. She indicated that if
Commissioner Duke states that people come to our City for drugs and prostitution, what is he
telling people at all of the meetings he attends. Ms. Sacco noted that she does not know where
Commissioner Duke lives, but she lives among people who love Dania Beach.
Commissioner Duke noted that he lives at Beach Club and that he, as well as the people with
whom he meets, want the best for Dania Beach. He remarked that things cannot get better until
we acknowledge the challenges that we face.
Annette Hibbits, 26 SW IIth Street, noted that Commission meetings are no longer decent
meetings and all they do is bashing at each other. She said that Vice-Mayor Castro's conduct
was improper after a citizen bashes two new Commissioners who have not had a chance in this
City.
David Clark, 411 SE 5th Street, noted that what he has seen tonight is wrong and unacceptable.
He remarked that the way Vice-Mayor Castro raised her voice is an improper behavior. Mr.
Clark stated that everyone is watching us. He said that Vice-Mayor Castro should discuss
personal issues out of the Chamber. Mr. Clark commented that this is a dysfunctional
Commission and the City Attorney may need to bring a counselor to this group.
Commissioner Anton pointed out that this is an election year and people are playing political
games and therefore several comments are being made. The fact is that he has never seen the
Commission divided this way. He indicated that when residents have concerns about crime, they
need to approach BSO or the COPS program, but it needs to be done in a positive way.
Commissioner Anton reiterated that if you create fear you keep people inside their homes hence
turning the streets over to the criminals. He said that the level of crime has dramatically
improved, and we will try hard to keep improving it. Commissioner Anton noted that Broward
County is planning to place the Ethics Code on the cities, and it is a great idea. He talked about
positive things such as the award received tonight from the Smart Growth Partnership of South
Florida.
6. Public Safety Reports
Joe Fernandez, Fire Chief, spoke about the recent heavy rains and the two systems in the
Tropics. He noted the Fire Department will continue to be vigilant and prepared.
Commissioner Grace thanked Chief Fernandez for keeping the Commission informed.
Commissioner Duke asked Chief Fernandez for his opinion of the Fire Department.
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Dania Beach City Commission
Tuesday,August 24,2010—7:00 p.m.
Chief Fernandez noted that since he started working with the City he has been assessing the
organization of the Fire Department. He remarked that it is very positive to see the support of
the Commission. Chief Fernandez further noted that a lot of new equipment has been acquired
and they are now working to reach the adequate staffing through the grant application started by
former Fire Chief McCartt.
Vice-Mayor Castro noted that she needs to make an appointment with Chief Fernandez and
Deputy Chief Cassano to clarify some items on the monthly report. She would also like to
discuss some other issues prior to the Budget workshop in case we need to make any
adjustments.
Donn Peterson, BSO Chief, introduced Lieutenant Brown, a recent addition to their department
who, in a very short time has worked hard to secure grant funding to benefit the children of
Dania Beach.
Lieutenant Brown explained that the intent of the grant is to promote healthy kids. They
identified 22 families eligible to-receive $100 per child, in association with the Dania Beach
Housing Authority.
Chief Peterson spoke about a 2-day county-wide operation which resulted in the arrest of 232
people in addition to fire arms, drugs and currency. He reported on the number of citations
within the City. Chief Peterson congratulated his department for doing an outstanding job.
Mayor McElyea noted that the crime report in the Dania Beach Heights area was not so high;
however,the number for the Post Office area was significant.
Chief Peterson noted that the report indicates that every area has a unique situation.
Vice-Mayor Castro reminded residents not to leave visible items in their cars. She commended
BSO for their hard work on the house at SW 26. Vice-Mayor Castro further noted that traffic
enforcement is appreciated on the Griffin Road corridor. She further asked for an update on the
Red Light Cameras project.
Chief Peterson advised that they did a test on nine intersections with the company they have been
working on this matter and will come back with an evaluation. He added that there are other
companies that we can look at to decide what is best for our City.
Vice-Mayor Castro noted we need to be careful on the type of equipment we use, because it is
very distracting and this could cause an accident.
Vice-Mayor Castro further noted that she had asked a representative of the Broward Community
Justice Alternative Program to get in touch with City staff and the Chamber of Commerce. They
are willing to provide mediation/arbitration programs for free,through the County.
Chief Peterson noted that we are already using this program in our schools and it works well.
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Dania Beach City Commission
Tuesday,August 24,2010—7:00 p.m.
Commissioner Grace noted that the football team started playing last Saturday. She asked Chief
Peterson to have police officers in the area on the days that we have home games. Commissioner
Grace would like to make an appointment with Chief Peterson to discuss certain items in the
Charter regarding policing in the City. She asked Chief Peterson for a follow-up of the cases
mentioned in the monthly reports to see how many cases have been resolved.
7. Consent Agenda
Items removed from Consent Agenda: #7.4, #7.5, #7.6, #7.7, #7.8, #7.9, #7.10, #7.11
7.1 Minutes:
Approve minutes of July 28, 2010 Special Meeting
7.2 Travel Requests:
Request from Corinne Lajoie, AICP, Principal Planner, Community Development Department,
to attend the APA Florida 2010 Conference in Tampa, Florida on September 14 - 17, 2010, for
AICP credits.
Resolutions
7.3 RESOLUTION#2010-141
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING
RESOLUTION NO. 2009-197 TO AUTHORIZE THE PURCHASE OF A COMMERCIAL GRADE ICE
MACHINE AS SUPPORTING EQUIPMENT IN THE CITY OF DANIA BEACH EMERGENCY OPERATIONS
CENTER;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
Vice-Mayor Castro motioned to adopt the Consent Agenda, with the exception of Items
#7.4, #7.5, #7.6, #7.7, #7.8, #7.9, #7.10 and #7.11; 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
7.4 RESOLUTION#2010-143
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO EXCUTE AN AGREEMENT WITH COASTAL
CONTRACTING AND DEVELOPMENT, INC. FOR THE CONSTRUCTION OF CONCESSION STANDS AT
C.W. THOMAS AND P.J. MELI PARKS IN AN AMOUNT NOT TO EXCEED $131,898.00; PROVIDING FOR
CONFLICTS;FUTHER,PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution#2010-143.
Minutes of Regular Meeting 6
Dania Beach City Commission
Tuesday,August 24,2010—7:00 p.m.
Vice-Mayor Castro asked for more details on the cost of the concession stands.
Kristen Jones, Director of Parks and Recreation, explained that we are demolishing and
rebuilding the concession stands. She noted that it is important that we have new concession
stands for our parks since this is a good revenue source. Director Jones clarified that the price
includes everything that is needed and that no additional funding will be required for this item.
Vice-Mayor Castro motioned to adopt Resolution #2010-143; 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
7.5 RESOLUTION#2010-142
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH CALVIN,
GIORDANO AND ASSOCIATES, INC., FOR ENGINEERING DESIGN SERVICES FOR THE
REPLACEMENT OF WATER MAINS IN CERTAIN AREAS OF US-1/MELALEUCA GARDENS WITHIN
THE WATER FUND CAPITAL PROJECT, SUCH SERVICES NOT TO EXCEED ONE HUNDRED THIRTY
FOUR THOUSAND SEVEN HUNDRED THIRTY TWO DOLLARS($134,732.00); PROVIDING FOR
CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution#2010-142.
Vice-Mayor Castro motioned to adopt Resolution #2010-142; 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
7.6 RESOLUTION#2010-144
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY
OFFICIALS TO EXECUTE AN AGREEMENT WITH BROWARD COUNTY THAT PROVIDES FOR
FUNDING AND ADMINISTRATION OF THE BROWARD BOATING IMPROVEMENT PROGRAM GRANT
FOR FISCAL YEAR 2010/2011 IN THE AMOUNT OF NINETY-SIX THOUSAND TWO HUNDRED FIFTY
DOLLARS ($96,250.00); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
City Attorney Ansbro read the title of Resolution#2010-144.
Commissioner Duke commended staff for pursuing this grant. He noted this is our first step on
the renovation of our Marina. Commissioner Duke stated his comments also apply to Items #7.7
and#7.10.
Minutes of Regular Meeting 7
Dania Beach City Commission
Tuesday,August 24,2010—7:00 p.m.
Vice-Mayor Castro motioned to adopt Resolution #2010-144; 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
7.7 RESOLUTION#2010-145
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY
OFFICIALS TO EXECUTE AN AGREEMENT WITH BROWARD COUNTY THAT PROVIDES FOR
FUNDING AND ADMINISTRATION OF THE BROWARD COUNTY LAND STEWARDSHIP PROGRAM
GRANT IN THE AMOUNT OF THIRTY-EIGHT THOUSAND EIGHT HUNDRED DOLLARS ($38,800.00)TO
MAKE "GREEN" IMPROVEMENTS TO DANIA COVE; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution#2010-145.
Vice-Mayor Castro motioned to adopt Resolution #2010-145; 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
7.8 RESOLUTION#2010-146
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A CHANGE ORDER FOR THE CITY OF
DANIA BEACH PARKING STRUCTURE, TO INCREASE THE CONSTRUCTION COST TO ALLOW FOR
THE CONSTRUCTION OF A CIRCULAR DRIVE ACCESS FOR A NET CONSTRUCTION COST INCREASE
IN AN AMOUNT NOT TO EXCEED SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000.00);
PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution#2010-146.
Mark Bates, Director of Finance,provided additional information for this item, which is attached
to and incorporated into these minutes.
Commissioner Anton referred to the memorandum from Finance Director Bates clarifying the
costs and asked for clarification.
Jeremy Earle, CRA Executive Director, noted that the numbers shown on the resolution is a"not
to exceed" amount, based on a design-build project. He advised that they have been working
with Stephenson Construction and the developer of the Parking Garage, to see how the
roundabout would look. Director Earle clarified that this would be a designed decorated element
paver area.
Minutes of Regular Meeting 8
Dania Beach City Commission
Tuesday,August 24,2010—7:00 p.m.
Commissioner Anton noted that we have to negotiate this price with the construction company.
He indicated that a concerned citizen pointed out to him that this is a very expensive roundabout.
Director Earle clarified that because of our drainage issues in the downtown area, we had to
choose pavers that would allow a transient water system.
Dominic Orlando, Director of Public Services, noted that the project also includes work from 1st
Avenue to 3rd Avenue. He pointed out that if we go out to bid, the work would need to be done
after the Library is finished. Director Orlando clarified that this is a "not to exceed" amount in
order to get the two contractors together. He further indicated that we can delete the palm trees
from this project and do it in-house.
Finance Director Bates explained the details on the additional information provided to the
Commission. He noted that Director Earle could get reimbursement from the County for some
of the Parking Garage improvements not previously anticipated.
Commissioner Duke confirmed with Director Earle that this is a strategic attempt by staff to re-
categorize certain expenses so that they would qualify to be reimbursed by the County.
Director Earle noted that we will be on the Broward County Agenda on September 14 for their
consideration to give us a check for $2.6M.
Commissioner Anton noted that a detailed explanation should have been attached to this item, so
we can understand the request. He thought it was not a good idea to bring strategies at a public
forum.
Vice-Mayor Castro pointed out that the fact that the County is reimbursing for some of the costs,
does not mean we have to overpay for a project.
Vice-Mayor Castro motioned to adopt Resolution #2010-146; 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
7.9 RESOLUTION#2010-147
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY
OFFICIALS TO EXECUTE AN AGREEMENT WITH THE FLORIDA ENERGY AND CLIMATE CONTROL
COMMISSION THAT PROVIDES FOR FUNDING AND ADMINISTRATION OF THE ENERGY EFFICIENCY
AND CONSERVATION BLOCK GRANT PROGRAM IN THE AMOUNT OF TWO HUNDRED FIFTY
THOUSAND DOLLARS ($250,000.00) TO PURCHASE AND INSTALL SOLAR POWERED STREET
LIGHTING;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution#2010-147.
Minutes of Regular Meeting 9
Dania Beach City Commission
Tuesday,August 24,2010—7:00 p.m.
Vice-Mayor Castro commended staff for pursuing grants for the City. She indicated that if we
are receiving $250,000.00 in grant funds, we need to make sure we are prioritizing our needs in
the appropriate manner. Vice-Mayor Castro noted sidewalks are badly needed in our City. She
asked staff for a plan with an explanation of the use of these funds.
Vice-Mayor Castro motioned to adopt Resolution #2010-147; 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
7.10 RESOLUTION#2010-148
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH WESTREC
MARINA MANAGEMENT, INC. FOR MANAGEMENT OF THE DANIA BEACH MARINA; PROVIDING
FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution#2010-148.
Commissioner Duke noted it is very good to have Westrec on board.
Vice-Mayor Castro commended staff for their efforts during negotiations with Westrec. She
added that the contract was fair and equitable for both parties.
Gary Groenewold, representing Westrec Marinas, thanked the City for their confidence. He
invited everyone to come and see the improvements to the Marina in the near future.
Commissioner Grace motioned to adopt Resolution #2010-148; 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
Ordinances (Titles read by City Attorney)
7.11 ORDINANCE #2010-019
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY CODE OF
ORDINANCES, IN ORDER TO PROVIDE FOR CONSISTENCY WITH THE CITY OF DANIA BEACH LAND
DEVELOPMENT CODE, AS SEPARATELY ADOPTED AS THE CITY'S LAND DEVELOPMENT
REGULATIONS; AMENDING ARTICLE IV "CODE ENFORCEMENT" OF CHAPTER 2
"ADMINISTRATION" FOR CONSISTENCY WITH THE LAND DEVELOPMENT CODE; AMENDING
CHAPTER 2.5 "ADULT ENTERTAINMENT CODE", ARTICLE I "IN GENERAL" CONCERNING
DEFINITIONS RELATED TO LICENSING OF ADULT ENTERTAINMENT ESTABLISHMENTS;
AMENDING CHAPTER 4 "ALCOHOLIC BEVERAGES," ARTICLE I "IN GENERAL," REGARDING
REGULATIONS OF PROXIMITY OF ESTABLISHMENTS WHICH SELL ALCOHOLIC BEVERAGES;
Minutes of Regular Meeting 10
Dania Beach City Commission
Tuesday,August 24,2010—7:00 p.m.
AMENDING CHAPTER 6 "BEACHES, PARKS AND RECREATION" TO RENAME THE CHAPTER AS
"BEACHES, PARKS, WATERWAYS AND RECREATION"AND TO CREATE ARTICLE IV "REGULATION
OF MARINE VEHICLES IN CITY WATERWAYS";AMENDING CHAPTER 8"BUILDINGS,"ARTICLE I"IN
GENERAL" TO REPEAL CERTAIN SECTIONS OF THE ARTICLE RELATED TO SITE PLAN
REQUIREMENTS AND BUILDING REGULATIONS, AND AMENDING ARTICLE II "PROPERTY
STANDARDS" TO PROVIDE FOR CONSISTENCY WITH THE LANDSCAPE REGULATIONS OF ARTICLE
275 "LANDSCAPING REQUIREMENTS" OF THE LAND DEVELOPMENT CODE; REPEALING ARTICLE
VII, "PAVING OF PRIVATE PROPERTY", ARTICLE VIII, "EXCAVATIONS", AND ARTICLE XII,
"EMERGENCY GENERATORS" OF CHAPTER 8 "BUILDINGS" IN THEIR ENTIRETY; FURTHER
AMENDING ARTICLE XIII, "STORM SHUTTER REGULATIONS" OF CHAPTER 8 "BUILDINGS" TO
AMEND REQUIREMENTS FOR PLACEMENT OF STORM SHUTTERS; AMENDING CHAPTER 10 "COIN
OPERATED DEVICES" TO AMEND THE DEFINITION OF "SKILL MACHINE" AND TO AMEND THE
LICENSING PROCEDURE FOR COIN-OPERATED MACHINES;AMENDING CHAPTER 13 "HEALTH AND
SANITATION", ARTICLE IV "GARBAGE AND TRASH'; REPEALING CHAPTER 16, "MOBILE LIVING
UNITS", IN ITS ENTIRETY; AMENDING CHAPTER 17, "OFFENSES-MISCELLANEOUS", ARTICLE I "IN
GENERAL"REGARDING PROCEDURES FOR ENFORCEMENT AND PROSECUTION OF VIOLATIONS OF
THE CODE OF ORDINANCES; REPEALING CHAPTER 19, "PLANNING AND DEVELOPMENT', IN ITS
ENTIRETY; AMENDING CHAPTER 21 "SALES AND AUCTIONS", ARTICLE III "GARAGE SALES" TO
AMEND THE REQUIREMENTS FOR GARAGE SALE PERMITS AND FEES; REPEALING CHAPTER 24,
"THEATERS" IN ITS ENTIRETY; AMENDING CHAPTER 25 "TRAFFIC' TO RENAME DIVISION 6
"COMMERCIAL AND RECREATIONAL VEHICLES" TO "TAXIS, BUSSES AND OTHER COMMON
CARRIERS", AND REPEALING CERTAIN SECTIONS RELATED TO TRAFFIC REGULATION, TO
PROVIDE FOR CONSISTENCY WITH THE LAND DEVELOPMENT CODE; REPEALING CHAPTER 26,
"VEGETATION" IN ITS ENTIRETY; REPEALING ARTICLE VI "SEWER SUBDIVISION REGULATIONS"
OF CHAPTER 27 "WATER AND SEWERS"; REPEALING CHAPTER 28 "ZONING", IN ITS ENTIRETY;
REPEALING CHAPTER 29 "LAND DEVELOPMENT', IN ITS ENTIRETY; REPEALING CHAPTER 33
"ZONING APPENDIX", IN ITS ENTIRETY; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.(FIRST READING)
City Attorney Ansbro read the title of Ordinance #2010-019.
Vice-Mayor Castro noted that it is important to demonstrate what is being changed in our Code.
She clarified that this item is associated with Item #9.1. The change in our Land Use Code is
one of the reasons that contributed to our Smart Growth Partnership award tonight. Vice-Mayor
Castro asked The Mellgren Planning Group when the "One Code" will be available on the Web
Site. She thanked staff, Mellgren and our residents for their participation.
Jeff Katims, The Mellgren Planning Group, advised that the document will be on the City Web
Site as soon as it is adopted. He noted that anyone would be able to read and understand our
Code.
Commissioner Duke commended The Mellgren Planning Group and the Community
Development staff for taking care of this matter which was very much needed.
Commissioner Anton noted that some officials from the Airport are concerned about some
changes being made and whether or not they are compatible. He clarified that Bob Daniels, our
Community Development Director, is working with the County to resolve any issues and
concerns they may have. Commissioner Anton remarked that it is prudent for the City to look at
all the options available whether or not we prevail in this lawsuit. He added that we have to be
in a position where we take care of our residents and make sure everyone is made whole.
Minutes of Regular Meeting 11
Dania Beach City Commission
Tuesday,August 24,2010—7:00 p.m.
Corinne Lajoie, AICP, Principal Planner, provided additional information regarding this item,
which is attached to and incorporated into these minutes. She noted that Broward County
expressed some concerns and requested continuation to allow further discussion with staff. Ms.
Lajoie indicated that staff is recommending to move forward with this item since there would be
future opportunities to make any changes that are needed.
Vice-Mayor Castro motioned to adopt Ordinance #2010-019, on first 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
8. Bids and Requests for Proposals
There were no proposals on this agenda.
9. Public Hearings and Site Plans
9.1 ORDINANCE #2010-020
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR THE ADOPTION OF
THE LAND DEVELOPMENT CODE OF THE CITY OF DANIA BEACH,FLORIDA IN ACCORDANCE WITH
SECTION 163.3194, FLORIDA STATUTES, AND ALSO PROVIDING FOR THE ADOPTION OF THE
AMENDED OFFICIAL ZONING MAP OF THE CITY; PROVIDING FOR THE CREATION OF ZONING
DISTRICTS AND CATEGORIES; PROVIDING FOR CHANGES TO THE REGULATIONS OF PERMITTED,
CONDITIONAL, AND PROHIBITED USES IN ALL ZONING DISTRICTS; PROVIDING FOR
REGULATIONS OF DEVELOPMENT AND REDEVELOPMENT OF ALL STRUCTURES AND USES IN ALL
ZONING DISTRICTS; PROVIDING FOR DEFINITIONS; PROVIDING FOR SEVERABILITY; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)
City Attorney Ansbro read the title of Ordinance#2010-020.
Jeff Katims, The Mellgren Planning Group, presented a brief overview of the "One Code" which
is attached to and incorporated into these minutes.
Commissioner Grace thanked Mr. Katims for bringing her up to speed on this important issue.
Mayor McElyea opened the Public Hearing.
Charles Michelson, property owner at 3501 Griffin Road, was disappointed to see that they are
not included in the benefits of the One Code. Their buildings are considered to be non-
conforming buildings and two of them have non-conforming uses in them. Mr. Michelson
expressed their concern because the value of their buildings will be impacted, and he is worried
with his investments in those properties. He provided examples of the issues that may arise
when the "One Code" is implemented. Mr. Michelson pointed out that as we get excited with
Minutes of Regular Meeting 12
Dania Beach City Commission
Tuesday,August 24,2010—7:00 p.m.
the implementation of the One Code it is important that the language is reviewed. He
remarked that Griffin Road is a very important commercial corridor within the City of Dania
Beach and a lot of commercial property owners will be impacted. Mr. Michelson asked for the
"One Code" language to be reconsidered before final adoption.
Mark Saltz, Saltz Michelson Architects, 3501 Griffin Road, expressed concerns with the
language in the "One Code". He thought there was a lot of time spent looking at residential
properties; however commercial property owners could be negatively impacted along the Griffin
Road corridor. Mr. Saltz asked the City to try to correct the inconsistencies before the "One
Code"is adopted on second reading.
David Wright, Edgewater Road and 22nd Avenue, noted he is the aviation business. He asked
what is changed in IROM with the "One Code".
Corinne Lajoie, AICP, Principal Planner, advised that the draft zoning code presented to the
Commission tonight did not change any of the permitted uses in IROM. However, there is a
separate action that staff is working on, amending some of the existing IROM zoning districts to
allow more permitted uses in that area. She clarified that will follow after the adoption of the
"One Code".
Mr. Wright noted that the Commission should keep an open-mind instead of just referring to the
marine business, so we can all be the same.
Seeing as there was no one else to speak in favor or opposition, Mayor McElyea closed the
Public Hearing.
Commissioner Duke asked how we are addressing businesses in the Griffin Road corridor.
Bob Daniels, Community Development Director, advised that the points made by Messrs. Saltz
and Michelson are being taken into consideration. He assured the Commission that they will
meet with the interested parties to make sure we address their concerns. Director Daniels
recommended adoption of the ordinance on first reading.
Vice-Mayor Castro motioned to adopt Ordinance #2010-020, on first 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
City Attorney Ansbro advised the remaining items were quasi-judicial matters and swore-in
those who would speak. He asked the Commission to disclose any communication they had on
these matters.
9.2 RESOLUTION #2010-137
Minutes of Regular Meeting 13
Dania Beach City Commission
Tuesday,August 24,2010—7:00 p.m.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
THE REQUEST SUBMITTED BY VINCENT PYLE, OWNER OF THE DANIANS SHOPPING CENTER,
REPRESENTING JOSEFA SANCHEZ, OF EXQUISITE OCCASIONS INC. A/K/A STARLITE LLC, TO
ALLOW A BANQUET HALL FACILITY AS A SPECIAL EXCEPTION USE IN THE "TOC-1" (TRANSIT
ORIENTED CORRIDOR) ZONING DISTRICT FOR PROPERTY LOCATED AT 601-603 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#2010-137.
Kristin Dion, City Planner, noted that the applicant is requesting a special exception for the use
of a banquet hall facility in an existing multi-tenant commercial plaza. She provided an
overview of the request. The Planning and Zoning Board as well staff recommend approval of
the request.
Mayor McElyea opened the Public Hearing. Seeing as there was no one to speak in favor or
opposition,he closed the Public Hearing.
Commissioner Grace motioned to adopt Resolution #2010-137; 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
9.3 RESOLUTION#2010-139
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
A MODIFICATION OF THE SPECIAL EXCEPTION REQUEST APPROVED BY RESOLUTION NO 2010-005
ADOPTED JANUARY 12, 2010, TO DELETE A CONDITION TO THE SPECIAL EXCEPTION REQUESTED
BY PIER BALLESTEROS WITH T-MOBILE PERTAINING TO INSTALLATION OF A NEW 100 FOOT
TELECOMMUNICATION TOWER ON THE NORTHEAST SIDE OF PROPERTY GENERALLY LOCATED
SOUTH OF 3251 S.W. 26TH TERRACE IN THE CITY OF DANIA BEACH IN AN IROM (INDUSTRIAL
RESEARCH OFFICE MARINE) ZONING DISTRICT, PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution #2010-139. He advised that the applicant has
requested a continuance until the September 14,2010 City Commission meeting.
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 continue Resolution #2010-139 to the September 14, 2010
City Commission meeting at 7:00 p.m.; seconded by Commissioner Duke. The motion
carried unanimously.
9.4 RESOLUTION#2010-127
Minutes of Regular Meeting 14
Dania Beach City Commission
Tuesday,August 24,2010—7:00 p.m.
Commissioner Duke motioned to approve the substitution of Exhibit "A" to Resolution
#2010-081; seconded by Vice-Mayor Castro. The motion carried unanimously.
11. Commission Comments
11.1 Commissioner Anton
Commissioner Anton noted he has received a number of complaints from the Melaleuca Gardens
neighbors regarding helicopters flying overhead. He noted that the Airport was supposed to be
preparing an agreement to establish a specific approach and take-off corridor. Commissioner
Anton asked City Attorney Ansbro to get together with Neal McAliley, White and Case, to draft
a letter to the Fort Lauderdale-Hollywood International Airport Director requesting an
explanation on the status of this matter.
Commissioner Anton noted that the oral arguments regarding the Airport south runway
expansion will be occurring in Washington, D.C., on September 14.
11.2 Commissioner Duke
Commissioner Duke noted the various meetings he attended.
Commissioner Duke complimented Bob Daniels, Director of Community Development for
taking care of the Airport Advisory Board as well as for his efforts to obtain some temporary
solutions to our water supply issue.
Commissioner Duke spoke about a recent crime incident which occurred in the Dania Beach
Heights area.
Commissioner Duke reminded everyone of the Budget workshop on Saturday, August 28 at 9:00
a.m. He remarked this is a very important meeting and our residents should know how their tax
dollars are being spent.
Commissioner Duke congratulated St. Ruth Missionary Baptist Church on the designation of
their historical marker.
Commissioner Duke noted he attended the waste haulers pre-bid meeting. He stated that he has
some concerns regarding the Request for Proposals which he will discuss with staff.
Commissioner Duke noted the election turnout today was terrible. He asked the community to
come out and vote.
11.3 Commissioner Grace
Commissioner Grace provided a summary of the community events she attended.
Minutes of Regular Meeting 16
Dania Beach City Commission
Tuesday,August 24,2010—7:00 p.m.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
THE REQUEST BY CHARLES GUSMANO, PRESIDENT OF BCA HOLDING CORPORATION, A FLORIDA
CORPORATION, AND GENERAL PARTNER OF SOUTHERN WASTE SYSTEMS LTD., A FLORIDA
LIMITED PARTNERSHIP, FOR APPROVAL OF A MODIFICATION OF RESTRICTIVE COVENANT FOR
PROPERTY LOCATED AT THE 3200 BLOCK OF SOUTHWEST 26TH TERRACE, DANIA BEACH,
FLORIDA.PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro advised that Resolution#2010-127 will be deleted at this time.
9.5 RESOLUTION #2010-138
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
THE AGREEMENT WITH THE SOUTH FLORIDA REGIONAL TRANSIT AUTHORITY(SFRTA)RELATING
TO THE GRANTING OF NEW EASEMENTS AND THE ABANDONMENT OF AN EXISTING EASEMENT
GENERALLY LOCATED AT 540 GULFSTREAM WAY, DANIA BEACH, FLORIDA, WHICH SERVES THE
TRI-RAIL DANIA BEACH PARK-N-RIDE PARKING GARAGE FACILITY; PROVIDING FOR CONFLICTS,
FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution#2010-138.
Kristin Dion, City Planner, noted that the South Florida Regional Transportation Authority
(SFRTA) is requesting approval of an easement dedication to Broward County, an abandonment
of an existing Florida Power and Light (FPL) easement and a new easement dedication to FPL,
for the Tri-Rail Dania Beach Park-N-Ride parking garage facility. She provided an overview of
the request. Ms. Dion advised that staff recommends approval of the request.
Mayor McElyea opened the Public Hearing. Seeing as there was no one to speak in favor or
opposition, he closed the Public Hearing.
Commissioner Duke asked for some signage to be added for clarification purposes.
Vice-Mayor Castro motioned to adopt Resolution #2010-138 with Commissioner Duke's
comments; 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
10. Discussion and Possible Action
1. Substitution of Agreement (Exhibit A) to Resolution #2010-081 pertaining to the
restriction of residential development in the areas of the Regional Activity Center that fall
within the Airport's 60 DNL (and above) noise contours.
City Attorney Ansbro requested approval to substitute the exhibit attached to Resolution #2010-
081 adopted on May 25, 2010. He noted some of the language in the document was revised and
the final agreement is ready for consideration.
Minutes of Regular Meeting 15
Dania Beach City Commission
Tuesday,August 24,2010—7:00 p.m.
7
Commissioner Grace noted that as the voting delegate to the Florida League of Cities she
attended their conference and it was very informative. She further noted that she would like to
see City representatives attend future meetings.
Commissioner Grace noted that as she listened to the dialogue earlier tonight, she thought that
the best reaction is no reaction at all, because it only adds fuel to the fire. She pointed out that
her neighborhood has done a great job in eradicating crime. Commissioner Grace stated that
people do not have to be their friends, but they have to show her respect, because that is what she
does. She remarked that this is a diverse City and she loves her community and added that
nobody is going to change her.
Commissioner Grace noted that we need to have a Shade meeting with representatives of the
General Employees union.
Commissioner Grace asked for an update on the solar lighting installation.
Dominic Orlando, Director of Public Services, noted that we are moving forward. He said he
will follow up on this information tomorrow.
Commissioner Grace noted that there are some dead trees in the swale in the northwest section.
She asked Director Orlando to have them replaced.
Commissioner Grace thanked Patrick Phipps for his help painting houses in her community.
Commissioner Grace reported that the first eight people who voted at Precinct 4S this morning
were given the wrong ballots. She advised that she spoke with the Supervisor of Elections
Office who immediately sent someone with the correct ballots; however,the affected voters were
not allowed to vote again and therefore their votes will not be counted.
Commissioner Grace stated that she does not like nitpicking and added that this will not deter her
from serving the citizens of Dania Beach.
11.4 Vice-Mayor Castro
Vice-Mayor Castro invited everyone to attend the ribbon cutting ceremony for the Parking
Garage on Thursday, August 26 at 11:30 a.m.
Vice-Mayor Castro noted that TRIM notices are already out. She reminded everyone of the
upcoming Budget meetings.
Vice-Mayor Castro would like P.J. Meli Park to receive programs similar to the ones offered at
C.W. Thomas Park. She noted that there are several children in that area in need of these
services.
Vice-Mayor Castro complimented the Parks and Recreation Advisory Board for bringing more
revenue to the City.
Minutes of Regular Meeting 1'7
� g
Dania Beach City Commission
Tuesday,August 24,2010—7:00 p.m.
i
Vice-Mayor Castro commented that the Human Resources monthly report shows the health care
expenses at $2.4M. She pointed out that we have to find a way to reduce these high costs.
Vice-Mayor Castro asked the Community Development Department for an explanation as to the
volume of permits issued versus the reported revenue.
Vice-Mayor Castro commended the Code Compliance Unit on the Amnesty Program. She
would like staff to look at the program and consider whether to extend it or modify it, if
necessary.
Vice-Mayor Castro reiterated her request for an update on the Red Light Cameras project.
Vice-Mayor Castro asked the Code Compliance Unit for an update on the Copa case.
Vice-Mayor Castro noted she is still waiting for the southeast flooding report and confirmation
that letters are being sent to the affected residents. She also spoke about the traffic calming
issues on SE 5th Avenue and SW 2"a Avenue.
Vice-Mayor Castro noted she would like to see a commitment or a plan regarding the installation
of solar lighting. She wants to know the logic of the locations where they are being installed.
Vice-Mayor Castro asked for a list of priority items such as solar lighting, sidewalks and traffic
calming citywide.
Vice-Mayor Castro suggested making some changes to the pain clinic ordinance. She would like
to add a component stating that a 1500 feet buffer should exist between a dispensing and a pain
clinic. Vice-Mayor Castro noted that she has already discussed this matter with staff and hopes
to see the proposed ordinance in the near future.
Vice-Mayor Castro thanked staff for installing the first historical cultural marker in front of the
St. Ruth Missionary Baptist Church building. She would like the City to set aside funds to start
this path, so we can include several other buildings in our community as an important part of our
history.
Vice-Mayor Castro noted she has been in touch with Marlowe and Company regarding our
efforts to obtain federal funding in Washington, D.C. and they advised to stay on the alert for a
future trip. She would like for her or any other Commissioner to represent the City in
Washington, D.C., provided there is no Commission meeting during that period of time.
Commissioner Grace donated the designated funds for her November trip to Denver, to be used
for Vice-Mayor Castro's trip to Washington, D.C.
Vice-Mayor Castro commended staff for working hard to find a solution to the water issue. She
also thanked Bertha Henry, Broward County Administrator, as well as the Public Utilities staff.
Vice-Mayor Castro further recognized other elected officials such as Mayor Joy Cooper of
Hallandale Beach and Vice-Mayor Susan Starkey, Town of Davie. Lastly, she noted that our
Y Y Y
Minutes of Regular Meeting 18
Dania Beach City Commission
Tuesday,August 24,2010—7:00 p.m.
RAC application will be on the Broward County Planning Council Agenda on Thursday and we
are anticipating approval of our request.
11.5 Mayor McElyea
Mayor McElyea apologized for not attending the St. Ruth Missionary Baptist Church historical
marker ceremony.
Mayor McElyea spoke about the Meadowbrook pipe issue.
Mayor McElyea spoke about sidewalk cleaning in the City. He noted that black olive trees are
on the sidewalks and this is a code violation in a lot of places. Mayor McElyea asked staff to
look into this matter.
Commissioner Anton apologized for not attending the St. Ruth historical marker ceremony.
12. Appointments
There were no appointments at this meeting.
13. Administrative Reports
13.1 City Manager
City Manager Baldwin invited everyone to attend the Budget Workshop on Saturday, August 28
at 9:00 a.m. He noted there will be two public hearings in September where the Commission and
the residents will have an opportunity to discuss the budget.
13.2 City Attorney
City Attorney Ansbro had no comments.
13.3 City Clerk-Reminders
Thursday, August 26, 2010 - 11:30 a.m. Ribbon Cutting Ceremony for the Parking Garage
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
Minutes of Regular Meeting 19
Dania Beach City Commission
Tuesday,August 24,2010—7:00 p.m.
14. Adjournment
Mayor McElyea adjourned the meeting at 10:08 p.m.
ATTEST: �J A)�,�1 CITY OF DANIA BEACH
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LOUISE STILSON, CMC C. K. MCEL A
CITY CLERK MAYOR-COMMISSIONER
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Approved: September 28, 2010
ADO
Minutes of Regular Meeting 20
Dania Beach City Commission
Tuesday,August 24,2010—7:00 p.m.
k .
-R 4"UES'T TO ADDRESS
CITY COMMISSION AT REGULAR
OIL 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 be in .
DATE OF COMMISSION MEETING: , 20
PRINT NAME: OCIWIL
ADDRESS: ax,
PHONE NO. (optional):
PLEASE CHECN ONE OR BOTH OF THE BOXES BELOW:
1) --- 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 T 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
k REQUEST TO ADDRESS
CITY COMMISSION AT REGULAR
A 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:
PRINT NAME: 1; a!E Gtln &�Q.�
ADDRESS: <Z�.ko r�b. `L
PHONE NO. (optional):
PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW:
1) CITIZEN COMMENTS:
Comments by Dania Beach citizens or interested parties that are not part of the regular printed agenda may be made during each
Commission meeting during the period set aside for"Citizen Comments." A thirty(30)minute"Citizen Comments"period shall
be designated on the agenda for citizens and interested persons to speak on matters not scheduled on that day's agenda. The
citizen comments' period shall begin promptly at 7:30 PM. Each speaker shall be limited to 3 minutes for his or her comments.
Persons desiring to speak during the citizen comment period shall inform the City Clerk immediately prior to the beginning of the
meeting of their intention to speak. If more than 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
K 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 COMMISSION MEETING: , 20L
PRINT NAME: jz?
ADDRESS:
PHONE NO. (optional):
PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW:
1) CITIZEN COMMENTS:
Comments by Dania Beach citizens or interested parties that are not part of the regular printed agenda may be made during each
Cqmmission 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 DESC E 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 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 COMMISSION MEETING: h,16 Z
/7 y , 206
PRINT NAME: ZZl
V G/ �%r�✓
ADDRESS: �� .,5
PHONE NO. (optional):
PLEASE CHECK O R BOTH OF THE BOXES BELOW:
1) l--- 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# 7�< (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 me ing begins.
DATE O COMMISSIO MEETING: �- , 20_
PRINT NAME: CLY
rl
ADDRESS: C-9 --
PHONE NO. (optional):
PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW:
I) --i V 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.
PLEA RIEFLY DESCRIBE THE SUPJQECT MATTER OF YOUR COMMENT:
wck
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
.Xny�
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 COMMISSION MEETING: { ,20/0
PRINT NAME: LIAA& &660
ADDRESS: q49 (
PHONE NO. (optional):
PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW:
1) i--- CITIZEN COMMENTS:
Comments by Dani 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:
4 u4i /t/- 0
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' ® 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 COMMISSION MEETING: , 20
PRINT NAME:
ADDRESS:
PHONE NO. (optional):
PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW:
1) - CITIZEN COMMENTS:
Comments by Dania Beach citizens or interested parties that are not part of the regular printed agenda may be made during each
Commission meeting during the period set aside for"Citizen Comments." A thirty(30)minute"Citizen Comments"period shall
be designated on the agenda for citizens and interested persons to speak on matters not scheduled on that day's agenda. The
citizen comments' period shall begin promptly at 7:30 PM. Each speaker shall be limited to 3 minutes for his or her comments.
Persons desiring to speak during the citizen comment period shall inform the City Clerk immediately prior to the beginning of the
meeting of their intention to speak. If more than 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 keepminutes of City Commission meetings. To properly identify
n' g p p Y
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 COMMI_ ION MEETING-,--) , 20_
PRINT NAME: 'L_
ADDRESS:
W I sl�
PHONE NO. (optional):
PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW:
1) -- CITIZEN COMMENTS:
Comments by Dania Beach citizens or interested parties that are not part of the regular printed agenda may be made during each
Commission meeting during the period set aside for"Citizen Comments." A thirty(30)minute"Citizen Comments"period shall
be designated on the agenda for citizens and interested persons to speak on matters not scheduled on that day's agenda. The
citizen comments' period shall begin promptly at 7:30 PM. Each speaker shall be limited to 3 minutes for his or her comments.
Persons desiring to speak during the citizen comment period shall inform the City Clerk immediately prior to the beginning of the
meeting of their intention to speak. If more than 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 be ns.
DATE OF COMMISSION MEETING: �('0 , 20_
PRINT NAME: 1 CI LS 9ft
ADDRESS: y' ( p►bW
PHONE NO. (optional): ` �lP�p _ 270 0
PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW:
1) -- CITIZEN COMMENTS:
Comments by Dania Beach citizens or interested parties that are not part of the regular printed agenda may be made during each
Commission meeting during the period set aside for"Citizen Comments." A thirty(30)minute"Citizen Continents"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 OUR 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:Wgenda\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 COMMISSION MEETING: Cs. 2, 20_Z0
PRINT NAME: R/I AWT'Y
ADDRESS: �y�Uq) GEC jyr1J )ZOA-0 N.Lo.. bgA� 3 33 1 ZL
PHONE NO. (optional): 1jC4 IAO(i - 2400
PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW:
1) - CITIZEN COMMENTS:
Comments by Dania Beach citizens or interested parties that are not part of the regular printed agenda may be made during each
Commission meeting during the period set aside for"Citizen Comments." A thirty(30)minute"Citizen Comments"period shall
be designated on the agenda for citizens and interested persons to speak on matters not scheduled on that day's agenda. The
citizen comments' period shall begin promptly at 7:30 PM. Each speaker shall be limited to 3 minutes for his or her comments.
Persons desiring to speak during the citizen comment period shall inform the City Clerk immediately prior to the beginning of the
meeting of their intention to speak. If more than 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:
7Am_/''I
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
Library/Garage Entranceway Change Order
August 24, 2010
The Administration recommends adjusting the proposed Library/Garage/Entranceway
budget transfer in this Resolution to reflect a total General Fund additional appropriation
of$450,000 (a reduction from$750,000). Funding for this addition in the project's total
appropriation will provide needed resources for the following:
1. Entranceway fountain installation $100,000
2. Entranceway construction cost estimate adjustment 150,000
3. Library-related construction costs and change orders 100,000
4. Library water/sewer impact fees and meter installation 50,000
5. Garage wheel stop purchase and installation 20,000
6. Garage water/sewer impact fees and meter installation 30,000
Total Funding Needs 450 00
Based on reviews by the City's CRA Director and Public Services Director, the above
additional funding represents a complete and final appropriation necessary for completion
of this project.
As reported by the CRA Director, Broward County has verbally agreed to re-commit
previously withdrawn grant funds that will reimburse Dania Beach for certain Garage
improvement costs such as the gate operating system. The amount of this pending re-
commitment is estimated at$500,000, which roughly offsets the additional Project
funding appropriation recommended above. Subsequent receipt of these re-committed
County grant funds will replace the resources being appropriated tonight from the City's
General Fund.
Additional Information for Page 1 of 2
Commission Agenda
Nasser, Miriam
From: Daniels, Bob
Sent: Tuesday, August 24, 2010 11:40 AM
To: Nasser, Miriam
Subject: FW: Dania OneCode
Attachments: OneCode - Proposed City Land Dev Requirements.pdf
Hello Miriam—
Please ensure that each commissioner has a copy of the email message below and the attachment.
Staff does not recommend deferral of this item, which is what is being requested. We will address the County's
issue with the Commission during our presentation.
Thanks,
Bd
From: Mccluskie, James [mailto:JMcCluskie@broward.org]
Sent: Friday, August 20, 2010 2:15 PM
To: Daniels, Bob
Cc: George, Kent; Lee, Christine; Newland, Angela; Siegel, Allan; Armbrister, Jalaine
Subject: Dania OneCode
Bob:
Please see the attached letter in reference to "One Code". We would like an opportunity to meet with you to
discuss land use compatibility on One Code. We would like our comments to be considered in the One Code and
would like to discuss with you further. We would like Commission action on the One Code to be deferred until we
have adequately addressed land use compatibility together.
Please advise when you could meet with me and Chris Lee from Broward County Aviation Department.
Thank you for your assistance.
Sincerely,
Jamie McCluskie, MURP
Aviation Director of Planning
Broward County Aviation Department
Fort Lauderdale - Hollywood International Airport
100 Aviation Boulevard
Fort Lauderdale, Fl. 33315
954 359 2583
8/24/2010
Page 2 of 2
Under Florida law, most e-mail messages to or from Broward County employees or officials are
public records, available to any person upon request, absent an exemption. Therefore, any e-
mail message to or from the County, inclusive of e-mail addresses contained therein, may be
subject to public disclosure.
8/24/2010
BVM
AVIATION DEPARTMENT-Fort Lauderdale/Hollywood International Airport
100 Aviation Boulevard-Fort Lauderdale,Florida 33315.954-359-6100
Robert Daniels, Director August 20, 2010
Community Development Department
City of Dania Beach
100 West Dania Beach Blvd.
Dania Beach, FL 33004
Re: Airport Compatibility — Requested Changes to Proposed City Land Development
Requirements(OneCode)
Dear Mr. Daniels:
Our Community Outreach Office, through a cursory review of local governmental meetings
recently notified us that the August 24, 2010, City of Dania Commission Meeting will contain an
Rem to strike Chapter 28 of the City's existing Zoning Code, and replace same with new Land
Development Regulations("OneCode").
e have been in the process of reviewing the proposed OneCode in order to address airport
compatibility in accordance with the requirements of state and federal law and regulations.
Chapter 333, Florida Statutes requires that political subdivisions containing an airport hazard
area must adopt airport zoning regulations, including for example, height restrictions,
obstruction marking provisions, compliance with federal requirements, and restriction of
incompatible land uses. In addition, Title 14, Code of Federal regulations, Part 77 contains
height restrictions and other airport compatibility provisions
As a result of our review of the proposed OneCode, we have prepared suggested revisions to
Article 220 of the draft OneCode, in order to fully address the requirements of Chapter 333 and
14 CFR Part 77. The attached document shows the revisions we are requesting.
In order to allow City staff and Aviation Department planning staff an opportunity to
reviews and discuss the enclosed previsions, we request that the 'I*t and 2Ra reading to
the OneCode on the City Commission's upcoming agendas for August 24, 2010 and
September 14, 2010 be deferred, until such discussion can be scheduled-
In addition, when an airport hazard area is located within the jurisdiction of a neighboring city,
Chapter 333.03, F.S., requires at a minimum, that the city enter into an Interlocal Agreement
With the,governing body that operates the airport. Therefore, we request that the City of Dania
Beach enter into the attached Interlocal Agreement with the County and would like to discuss
this matter with appropriate City staff before the proposed OneCode provisions are adopted by
the City Commission.
Broward County Board of County commissioners
Sue GimbaW-KrAtn D Jacoft-Rolm C Jars Ken KeeM-N •S=y Kew-Jam @ ftdellwn,Jr.-Owe Wa Rtbm-Los Wexler
www.broward.org
our recommended revisions to the proposed OneCode and our request to enter into an
Interlocal Agreement with the County are made for the purpose of ensuring airport compatibility
in accordance with federal and Florida requirements.
My staff and 1, as well as Christine Lee, our on-site attorney, are available to address questions
and concerns that you and your staff may have regarding the enclosed revisions to the
proposed OneCode and the proposed Interlocal Agreement.
We look forward to working with you to achieve airport zoning compatibility for the City of Dania
Beach.
For future meetings that have considerations involving the airport please contact Broward
County Aviation Department Community Outreach Coordinator Allan Siegel at
asiegaL@Lbroward,org
Sincerely,
,it s McCluskie
Director of Planning
Attachments
1. Revisions to proposed OneCode
2. Proposed Interlocal Agreement per Chapter 333, F.S.
cc: Robert Baldwin, City Manager
Tom Ansbro, City Attorney
Kent George, Director of Aviation
Christine Lee, Senior Assistant County Attorney
Angela Newland,Assistant Director of Airport Development
Allan Siegal, Community Outreach Coordinator
BROWARD COUNTY AVIATION DEPARTMENT
PROPOSED INSERTSICHANGES TO CITY OF DANIA BEACH
PROPOSED UNIFIED ZONING CODE ("ONECODE")
Note: proposed additions shown as underlined text
ARTICLE 220. SUPPLEMENTAL BUILDING AND STRUCTURE HEIGHT
REGULATIONS (INCLUDING LOWEST FINISHED FLOOR); ROOFTOP
REGULATIONS.
Sec. 220-10. Height measurements and general exceptions.
(A) Height measurements. No building or structure shall exceed the maximum allowable
number of stories or height limit expressed in feet, allowed in the schedules of site
development regulations in article 205 and in the CRA form-based zoning regulations in
article 303.
(B) In all districts except the CRA form-based districts of Part 3 of this code, the
following structures may exceed the maximum height limit of the district within which
located by a maximum of twenty-five (25) percent unless otherwise provided below:
(1) Rooftop structures for the housing of elevators, stairways, tanks, skylights,
ventilating fans, air conditioning or similar equipment required to operate and
maintain the building, and cupolas, steeples, chimneys and other decorative
rooftop projections, provided that the aggregate coverage of all such structures
does not exceed fifteen (15) percent of the total roof area.
(2) Radio and television antennae, whether freestanding or roof-mounted.
(3) Solar panels and accessory equipment.
(4) Ham radio antennae may exceed the maximum district height limit by forty
(40) percent.
(C) All buildings shall be constructed with a lowest FFE of at least one (1) foot above
the one hundred (100) year flood elevation established by the Federal Emergency
Management Administration's Flood Insurance Rate Maps (FIRM). Reference: chapter
1Z 'Flood damage prevention".
Sec. 220-20. Airspace restrictions on allowable height; Federal Aviation
Administration review.
In order to maintain the safety, capacity, efficiengy, utility, and air service capability of
the Fort Lauderdale-Hollywood International A_Jc2ort CAirport!). the heights of buildings
August 19,2010
Page 1 of 11
or structures near the Aimort shall be limited to those heights classified as no hazard or
determined to be not an obstruction by the Federal Aviation Administration (FAA)
pursuant to Federal Aviation Regulations, 14 CFR Part 77, as amended, and shall be
consistent with Florida Statutes, Chapter 333, as amended. relating to airports. Due to
the Ci 's proximity to the Airport, the following development applications require
Federal Aviation Administration (FAA) review, through the FAA's obstruction evaluation
and airport airspace analysis (OE/AAA) process, for potential flight path obstructions
prior to issuance of any City development order or permit:
(A) An application to construct, substantially change, alter, modify or repair a
building or structure that would exceed two hundred (200) feet in height,
measured to the highest point of the building or structure; and
9 P g
(B) An application to construct, substantially change, alter, modify or repair a
building or structure that would be situated within twenty thousand (20,000)
horizontal feet of a runway, and that would be of a height that is greater than one
(1) foot for each one hundred (100) feet of separation between the building and
the nearest point of any runway (a 1:100 ratio of height to horizontal distance).
Note: the majority of building activities proximate to the Airport will require FAA
review, but will not necessarily result in an FAA determination that the activity
constitutes an obstruction and/or a hazard.
Example: as shown in Figure 220-20, below, if a 100-foot building is proposed at a
location 5,000 feet from the edge of a runway, FAA review would be required because
the building would only have 50 feet of runway separation for each foot of proposed
height(5,000 ft. separation divided by 100 feet building height= 50 feet of separation for
each foot of height). If that same building is proposed10,000 feet from the edge of the
same runway, FAA review would not be required under this rule (but may be required
under other rules). because the building would have the full 100 feet of runway
separation for each foot of proposed height (10,000 t, separation divided by 100 feet
height =100 feet of separation per foot of height).
August 19,2010
Page 2of11
Fi ure 220-20
,
(C) Any proposed construction or alteration that would exceed the heights
of any of the five types of notification requirements of FAR Part 77.13 shall
require notice to be provided to the FAA. Refer to FAR 477.13(a)(11-(51 for
notification requirements.
ARTICLE 260. AIRPORT PROXIMITY AND NAVIGATIONAL HAZARD
REGULATIONS; AIRSPACE HEIGHT LIMITATIONS; PERMITS AND VARIANCES.
Sec. 260-10. Airport proximity.
A See Article 220 for special height limitations and FAA review requirements.
� ) P 9
(B) Certain obstructions intruding into airspace near runways have the potential for
being hazardous to aircraft operations as well as to persons and property on the around
in the vicinity of the obstruction. In order to prevent the creation or establishment of
air ort hazards Florida Statutes Cha ter 333 as amended e uires eve ry political
subdivision having an ainport hazard area within its territorial limits, to adopt, administer,
and enforce airport zoning regulations for such airport hazard area. These provisions
are hereby adopted and established consistent with Chapter 333, Florida Statutes, as
amended.
August 19,2010
Page 3 of 11
(C) Notwithstanding any other provision of these regulations, no use shall be made
of land or water within the municipal boundaries of the City in such a manner as to
interfere with operation of an airborne aircraft using a publicly licensed airport.
(D) The following special requirements shall apply to proposed developments:
(1) Proposed developments which produce lights or illumination, smoke, glare
or other visual hazards, or produce electronic interference with airportlairplane
navigation signals are subject to the standards specified in the FAA Order
7400.2G. as amended, consistent with Sec. 333.03(3), Florida Statutes, as may
be applied and enforced by the state and/or federal governments.
(2) Lights or illumination used in conjunction with streets, parking, signs or
use of land and structures shall be arranged and operated in such a manner that
it is not misleadingor dangerous to aircraft operating from a public airport or in
9 p 9 p rP
the vicinity thereof.
() No operations of any type shall produce smoke, glare or other visual
hazards within three (3) statute miles of any usable runway of the Airport.
(4) No operations of any type shall produce electronic interference with
navigation signals or radio communications between the Airport and aircraft.
(5) Solid waste management facilities/disposal sites shall be reviewed in
accordance with the State of Florida Department of Environmental Regulation
(DER) Rule Chapter 62-701, as amended, and in addition the review shall
consider whether any sanitary landfill is constructed so that it attracts or sustains
hazardous bird movements from feedina, water, or roosting areas into, or across,
the runways or approach and departure patterns of aircraft. Such review shall
include the following requirements:
(a) Applicants proposina to construct new landfills within a six mile radius,
and applicants proposing to construct lateral expansions of existing
landfills within a five-mile radius, of any licensed and operating airport
runway used by turbine powered or piston engine aircraft shall notify the
affected airport, the Federal Aviation Administration, and the Florida
Department of Transportation when the application is filed with the
Department, and shall provide evidence of such notification to the
Department.
(b) Solid waste management facilities and landfills where waste is stored,
disposed, or processed outdoors, shall not be located within 10,000 feet of
any licensed and operating airport runway used by turbine powered
aircraft, or within 5,000 feet of any licensed and operating airport runway
used only by piston engine aircraft, unless the applicant demonstrates that
August 19,2010
Page 4of11
the fapili!y is designed and will be operated so that it does not pose a bird
hazard to aircraft.
(c) For facilities and landfills that are proposed to be sited outside the
limitations established by subparagraph (b). above, the City building
inspector shall request from the manager of the Airport a report on such
bird feeding or roosting areas that at the time of the request gare known to
the Airport. Information as to whether the proposed landfill will incorporate
bird management techniques or other Practices to minimize bird hazards
to airborne aircraft shall be provided to the manager of the Airport.
(E) Obstruction Marking and Lighting. The owner of any structure (1) that has been
classified by the FAA as an "obstruction to air navigation". and/or (2) is over two
hundred (200) feet above ground level, and/or (3) has been required to do so as a
2rovision of an FAA airspace determination, shall install and perpetually maintain
obstruction marking and lighting in accordance with FAA Advisory Circular 70-7460-1 H,
as amended, and amendments thereto on such structure. This obstruction marking and
lighting may include hLqh!y contrasting paint patterns, flashing red beacons, steady
burning red obstruction lights or high-intensity obstruction lights. All required obstruction
marking and lighting must be installed and perpetually maintained in accordance with
FAA Advisory Circular 70-7460-1 H and amendments thereto.
(FI In accordance with Florida Statutes, Section 333.03, as amended, there is
hereby prohibited the construction of an educational facilily of a public or private school
at the end of an airport runway within an area which extends 6 miles in a direct line
along the centerline of the runway, and which has a width measuring one-half the length
of the runway.
(G) With respect to any structure of any type
which is or000sed to be constructed in the City near, or in Mxjmity to, the Air2grt or
within the flight path apoLoaching the Ai[port, the gpplicant for a Ch 2ermit must comply
with all regulations of the FAA (and an-y other governmental agency having hurisdietion)
and the applicant must have received a favorable airspace determination from the FAA
and the Florida Department of Transportation (if applicable) before the City shall issue a
permit allowing the construction of the structure. In the event the building inspector of
the Cb believes that any grogosed structure may be in conflict with any rules or
regulations established by this Code, or in conflict with any federal or state
governmental rules or regulations governing the height and location of structures near
the Air vort. the building inspector shall decline to issue a permit to allow the
construction, alteration, or repair of the structure until e bul the l Iding inspector first obtains
a favorable or recommendation from the&(Rort Manager.
(H) In order to ensure compliance with federal and Mft regulations regArding the
height of structures near the Airport, a copy- of any development application. to
construct, substantially change, alter, modify or repair any structure which exceadl, o
is vlapned to exceed 200 feet above ground level, or is situated within 20,000' of the
August 19,2010
Page 5 of 11
Airport and exceeds a 100:1 surface from any point on a runway, or is located in an
area encompassing 5,000 feet off the extended centerline of the runway in length and
equal to one half of the runway length in width, shall be provided to the Airport Manager
for review and comment. The Airport Manager shall provide comments to the City
within 30 days after being provided with a copy of the proposed development
application. The City building inspector shall decline to issue a permit to allow the
construction, alteration, or repair of the structure, until any comments have been
addressed by the developer in a manner satisfactory to the City building inspector and
the Airport Manager,
See.260-20. Definitions
As used in this Article, unless the context otherwise indicates, the following definitions
shall ar).121v:
(A) Airport. shall mean the Fort Lauderdale-Hollywood International Airport and
shall include as to such Aimort, any area of land or water designated and set
aside for the landimi and taking off of aircraft and utilized in the interest of the
public for such purpose.
(B) Airport Hazard: Any structure or tree or use of land which would exceed the
federal obstruction st
andards as contained in 14 CFR ss. 77.21, 77.23, 77.25,
77.28 and 77.29, as amended, and which obstructs the airspace required for the
flight of aircraft in taking off, maneuvering, or landing or is otherwise hazardous
to such taking off, maneuvering, or landing of aircraft and for which no person
has Previously obtained a permit or variance.
(C) Airport Hazard Area: means any area of land or water upon which an airport
hazard might be established if not prevented as provided in this Article.
(D) Airspace ,Determination: A document issued by the FAA noting its
assessment of the obstruction and/or hazard status of proposed construction or
alteration. A croiect sponsor submits FAA Form 7460-1. Notice of Proposed
Construction or Aftm&12, which initiates the FAA's obstruction evaluation /
11ir2ort airspace analysis (OglA_AA) process. At the conclusion of the OE/AAA
process, the FAA issues an airspace determination. Project proponents may file
Form 7460-1 online at b=://beaaa.faa.-qov.
(E) Airs ace height To determine the height limits in all zones set forth in this
Afficle, the datum shall be mean sea level elevation (MSL), North American
Verb Dp—tum of 1988 (NAVD88), unless otherwise specifo—.
(F) Airport Manager Shall mean the Director of Aviation, Broward Counfir
Aviation DenIrtment, or successor position, as may be established by the
Broward County Board of County Commissioners.
August 19,2010
Pup 6 of 11
(G) Department: The City of Dania Beach Community Development Department
or its successor aaencv, which is the administrative agency designated by this
Article with the authority to grant variances and perform other functions
designated to it hereunder and pursuant to Chapter 333, Florida Statutes.
(H) FAA: Federal Aviation Administration, or its successor agency.
(1) Nonconforming uses: Any preexisting structure, object of natural growth or
use of land which is inconsistent with the provisions of this Article or
amendments thereto.
(J) Obstruction: Any existing or proposed objects, including objects of natural
growth or terrain whose height exceeds the obstruction standards contained in
14 CFR ss. 77.21. 77.23, 77.25, 77.28 and 77.29, as amended.
(K) Runway, A defined area on an airport prepared for landing and takeoff of
aircraft along its length.
Q Structure. Any object constructed or installed by any person, including but
not limited to buildings, towers, smokestacks, utility poles and overhead
transmission lines.
(M) Tree: Includes any plant of the vegetable kingdom.
Sec. 260-30. Airport zones and airspace height limitations.
(A) In order to carry out the provisions of this Article, there are hereby created and
established certain zones. These zones include all of the land lying beneath the
approach. transitional, horizontal and conical surfaces as they apply to the Airport. The
terms "surface" and "zone" may be used interchangeably to describe the land or
airspace that is intended to be protected from intrusion or obstruction. The regulations
established herein shall be construed to regulate the use of land within the zones in the
manner necessary to protect the associated surfaces and airspace from intrusion or
obstruction. The associated surfaces and protected airspace are collectively referred to
as the "aeronautical surfaces." These regulations apply only to those areas lying within
the municpal limits of the City.
(B) An area located in more than one of the described zones shall be considered to
be in the zone with the more restrictive height limitation. The various zones are hereby
established, defined and regulated as follows:
(1) Approach Zone:An approach zone is applied to the end of each runway. The
inner edge of the approach zone surface is the same width as the primary
surface and it expands uniformly to a width based upon the type of approach
available or planned for that runway end. Specifically
August 19,2010
Page 7of11
a Runways 9L 9R 27L and 27R recision instrument runways) expand
uniformly to a width of sixteen thousand (16,000) feet, and a horizontal
distance of fifty thousand.(50,000) feet.
(b) Runways 13 and 31 (nonprecision instrument runways having visibility
minimums greater than three-fourths statute mile) expand uniformly to a
width of three thousand five hundred (3,500) feet, and a horizontal
distance ten thousand (10,000)feet.
Restriction: No building or structure shall be permitted within the Approach Zone
unless such structure has been reviewed by the FAA and received a favorable
airspace determination.
(2) Conical Zone: A zone commencing at the periphery of the horizontal zone
and extending outward for a horizontal distance of jour thousand (4,000) feet.
The surface of the conical zone commences at the elevation of the surface of the
horizontal zone and extends outward and upward at a slope of one (1) foot
vertically to twenty (20) feet horizontally.
Restriction: No building or structure shall be permitted within the Conical Zone
unless such structure has been reviewed by the FAA and received a favorable
airspace determination.
(3) Horizontal Zone: A zone created by swinging arcs of ten thousand (10,000)
feet from the center of each end of the primary surface of each runway and
connecting the adjacent arcs by lines tangent to those arcs. The surface of the
horizontal zone is a horizontal plane at an elevation of one hundred fifty (150)
feet above the Aimort elevation.
Restriction: No structure or obstruction will be permitted in the horizontal zone
that has a height greater than one hundred fifty (150) feet above the Airport
elevation unless such structure has been reviewed by the FAA and received a
favorable airspace determination.
L4) Primary Surface:An area longitudinally centered on a runway, extending two
hundred (200)feet beyond each end of that runway with a width of:
(a) One thousand (1,000)feet for Runways 9L-27R and 9R-27L (precision
instrument runways).
(b) Five hundred (500) feet for Runway 13-31 (nonprecision instrument
runway having visibility minimums greater than three fourths statute mile).
Restriction: No structure or obstruction will be permitted within the primary
surface that is not part of the landing and takeoff facilities and is of a greater
height than the nearest point on the runway centerline.
August 19,2010
Page 8 of 11
(5) Transitional Zone: One (1) foot vertically for each seven (7) feet horizontally
from the sides of the primary surfaces and from the sides of the approach
surfaces to the horizontal surface.
Restriction: No building or structure shall be permitted within the Transitional
Zone unless such structure has been reviewed by the FAA and received a
favorable airspace determination.
(6) Runway Protection Zone CRPZ"): A land use restriction area at ground level
which begins 200 feet from the departure end of runway (DER) and 200 feet from
the runway threshold (which may be displaced), is trapezoidal in shape, centered
on the runway centerline and splaying outward according to dimensions set forth
in FAA Advisory Circular 150/5300-13, section 212, as amended.
Restriction: Within the RPZs, the following land uses are prohibited: places of
public assembly, residential, and fuel storage, including but not limited to the
following: single- or multi- family residential: retail: restaurants: educational
facilities: hospitals, medical inpatient treatment facilities, nursing/convalescent
home facilities: places of worship: fuel tank farms: and gasoline filling stations.
Sec. 260-40. Permits and variances.
A Permit:
(1) Any person desiring to replace, rebuild, alter, change or repair any structure
or desiring to replant, replace or allow to grow higher, any tree or other growth of
natural vegetation, which tree, growth or structure was in existence and in
violation of the regulations and limitations herein adopted on the effective date of
this Article, shall apply to rINSERT APPROPRIATE CITY DEPARTMENTI for a
permit.
(2) No permit shall be granted that would allow the establishment or creation of
an airport hazard or permit a nonconforming structure, tree, or other growth of
natural vegetation or use to be made or become higher or become a -greater
hazard to air navigation than it was on the effective date of this Article.
(3) Whenever [INSERT APPROPRIATE CITY DEPARTMENTI determines that
a nonconforming use or nonconforming structure or tree has been abandoned or
is more than eighty (80%) percent tom down, destroyed, deteriorated or
decaved, no permit shall be granted that would allow said structure or tree to
exceed the applicable height limit or otherwise deviate from the regulations
adopted hereunder: and, whether application is made for a permit under this
subsection or not, rINSERT APPROPRIATE CITY DEPARTMENTI may, by
appropriate action, compel the owner of the nonconforming structure or tree. at
August 19,2010
Page 9 of 11
his or her own expense, to lower, remove, reconstruct or equip such obiects as
may be necessary to conform to the regulations. If the owner of the
nonconforming structure or tree shall neglect or refuse to comply with such order
for ten (10) days after notice thereof, the City may proceed to have the obiect so
lowered, removed, reconstructed or equipped. and assess the cost and expense
thereof upon the object or the land whereon it is or was located: and, unless such
costs are paid within ninety (90) days from the service of notice thereof on the
owner of such object or land, or his or agent, the sum shall become a lien on said
land and shall bear interest thereafter at the rate of 6 percent per annum until
paid. The City shall file a claim of lien in the public records of Broward County
stating and itemizing the costs incurred by the City and the location of the
property upon which the City performed the work. The claim of lien shall be
sworn to by such agent or employee of the City as may be authorized by the
Board of Cily Commissioners to file said claim of lien. Said claim of lien shall be
recorded in the public records at no charge. The recordation of the claim of lien
and the lien secured thereby shall have the same effect as a mortgage lien and
shall be enforceable by the same procedure as a mortgage in the State of
Florida. The lien shall be effective for a period of twenty (20)years.
(4) Except as provided herein, applications for permits shall be granted, provided
the matter applied for meets the provisions of this Article and the regulations
adopted and in force hereunder.
(B) Variances:
(1) Any person desiring to erect or increase the height of any structure, tree or
-growth of natural vegetation, or use his or her property in potential violation of the
regulations prescribed in this Article, may apply to the RNSERT APPROPRIATE
CITY DEPARTMENT] for a variance from such regulations, any variance request
must be accompanied by an FAA determination of no hazard.
(2) In its consideration of the reauest for a variance pursuant to this Article.
]INSERT APPROPRIATE CITY DEPARTMENT] may grant a variance when a
literal application of enforcement of the regulations would result in practical
difficulty or unnecessary hardship and the relief-granted would not be contrary to
the public interest but would do substantial justice and be in accordance with the
spirit of this Article. [INSERT APPROPRIATE CITY DEPARTMENT] may grant
a variance subject to reasonable conditions necessary to effectuate the purpose
of this Article.
(3) No application for variance from the reauirements of this Article may be
considered by the [INSERT APPROPRIATE CITY DEPARTMENT] unless a
copy of the application (with the FAA determination) has been fumished to
INSERT APPROPRIATE CITY DEPARTMENT], the Broward County Aviation
Department, and the Broward County Department of Environmental Protection
August 19,2010
Page 10 of 11
and Growth Management The fore-goinci offices shall have a 30 day comment
period prior to any final action on any variance request.
Q Obstruction Marking and Lighting:
Any permit or variance granted pursuant hereto shall require the owner to mark
and light the structure in accordance with FAA Advisory circular 70-7460-1 H, as
amended. Any permit issued pursuant hereto may be conditioned so as to permit
Broward County, at its own expense, to install, operate and maintain such markers and
lights as may be necessary to indicate to pilots the presence of an airspace hazard if
special conditions so warrant.
(D) Administration and enforcement:
It shall be the duty of [INSERT APPROPRIATE CITY DEPARTMENT] to
administer and enforce the regulations prescribed herein within the airport zones
established pursuant to this Article. In the event of any violation of the regulations
contained herein, the person responsible for such violation shall be -given notice in
writing by the director of said [INSERT APPROPRIATE CITY DEPARTMENTI. Such
notice shall indicate the nature of the violation and the necessary action to correct or
abate the violation. A copy of said notice shall be sent to the Broward County Aviation
Department. The director of the [INSERT APPROPRIATE CITY DEPARTMENT] shall
order discontinuance of use of land or building: removal of trees to conform with height
limitations set forth herein: removal of buildings, additions, alterations or structures:
discontinuance of any work being done: or shall take any or all other action necessary
to correct violations and obtain compliance with all provisions of this Article.
(,E) Board of Adiustment:
The [INSERT APPROPRIATE CITY DEPARTMENTI, in accordance with
Article (INSERT APPROPRIATE ARTICLE] , Dania Zoning Code, shall have the
authority and will exercise the following powers on matters pursuant to this Article:
f 1)To hear and decide appeals from any order. requirement. decision or
determination made by the [INSERT APPROPRIATE CITY DEPARTMENTI in
the enforcement of this Article:
(2)To hear and decide variances as provided in section (A) or (B) above.
(F) Conflicting regulations:
Where there exists a conflict between any of the regulations or limitations
prescribed in this Article and any other regulations applicable to the same area, whether
the conflict be with respect to the height of structures or trees, the use of land or any
other matter, the more stringent limitation or requirement shall govern and prevail.
August 19,2010
Page 11 of 11
INTERLOCAL AGREEMENT
Between
BROWARD COUNTY
and
CITY OF DANIA BEACH
for
PROVIDING FOR THE ADOPTION AND
ENFORCEMENT OF AIRPORT ZONING REGULATIONS
This is an agreement between BROWARD COUNTY, a political subdivision of the
State of Florida ("COUNTY"),through its Board of County Commissioners,
AND
The CITY OF DANIA BEACH, a municipal corporation,organized and existing under
the laws of the State of Florida ("CITY").
WITNESSETH :
WHEREAS, it is the purpose and intent of this Agreement,the parties hereto, and the
Florida Interlocal Cooperation Act of 1969, as amended, codified as Section 163.01, Florida
Statutes, to permit COUNTY and CITY to make the most efficient use of their respective
powers, resources, and capabilities by enabling them to cooperate on the basis of mutual
advantage and thereby accomplish the objectives provided for herein in a manner that will
be consistent with the existing resources available to each party and with the needs and
developments within their respective jurisdictions; and
WHEREAS, COUNTY owns and operates the Fort Lauderdale-Hollywood
International Airport; and
WHEREAS, Section 333.03(1)(a), Florida Statutes, mandates that a political
subdivision containing an airport hazard area must adopt, administer and enforce airport
zoning regulations for such airport hazard area; and
City Enkmment
MOM
2
WHEREAS, Section 333.03(1)(b), Florida Statutes, provides that when any airport
hazard area is within the jurisdictional limits of a political subdivision,the political subdivision
owning or controlling the airport shall enter into an interlocal agreement with the political
subdivision within which such area of an airport is located to"adopt, administer and enforce
airport zoning regulations"applicable to such airport hazard area; and
WHEREAS, airport hazard areas, as defined by Section 333.01(4), Florida Statutes,
are presently located within the jurisdictional limits of the CITY; and
WHEREAS, the COUNTY s existing airport zoning ordinance ("Airport Zoning
Ordinance") is contained in provisions of Chapter 39,Article XXI; and
WHEREAS, this Agreement is entered into to aid in the performance and discharge
of functions required by Chapter 333, Florida Statutes; and
WHEREAS, COUNTY and CITY have authority to enter into Interlocal Agreements
pursuant to Section 163.01, Florida Statutes;
NOW,THEREFORE, in consideration of the mutual terms and conditions, promises,
and covenants set forth herein, COUNTY and CITY hereby agree as follows:
ARTICLE 1
BACKGROUND: PURPOSE AND INTENT
1.1 The above recitals are true and correct and incorporated herein.
1.2 It is the purpose and intent of this Agreement for COUNTY and CITY, pursuant to
Section 163.01, Florida Statutes, to cooperate and provide for a means by which
each governmental entity may exercise its respective powers, privileges, and
authorities which they share in common, and which each might exercise separately,
in order to further a common goal.
1.3 It is the intention of the parties hereto that the CITY shall adopt and enforce airport
zoning regulations as required by Chapter 333, Florida Statutes, including provisions
for the enforcement and administration thereof. These regulations shall be adopted
with respect to the runway hazard areas for Fort Lauderdale-Hollywood International
Airport (the "Airport') that are located within the municipal boundaries of CITY. The
parties acknowledge that the sample regulations attached hereto and made a part
hereof as Exhibit A ("Airport Zoning Provisions"), comply with Chapter 333, Florida
Statutes and the City shall adopt airport zoning regulations substantially similar to the
Airport Zoning Provisions attached as Exhibit A.
City Eftwoement
0WD/10
3
1.4 In order to manifest the intention of the respective parties, the parties agree that the
basis of this Agreement is to:
a. Prevent the creation,alteration and proliferation of obstructions at and around
the Airport.
b. Prevent the establishment of Airport incompatible land uses to the extent
provided by law.
C. Restrict obstructions that may affect the size of the area available for the
landing, taking off, and maneuvering of aircraft at the Airport.
d. Restrict obstructions from intrudinginto airspace near the Airport which may
P rP Y
interfere with the flight of aircraft taking off, maneuvering, or landing, or which
may be otherwise hazardous to such taking off, maneuvering or landing
consistent with the requirements of 14 CFR Part 77.
e. Restrict the use of land adjacent to, or in the immediate vicinity of the Airport
to activities and purposes compatible with the continuation of normal airport
operations, including the landing and taking off of aircraft, in order to promote
the public health, safety, and general welfare of the residents of Broward
County.
ARTICLE 2
OBLIGATIONS OF THE PARTIES
2.1 CITY agrees to adopt an ordinance similar to and consistent with the Airport Zoning
Provisions attached hereto.
2.2 CITY agrees to enforce the provisions of the CITY's airport zoning ordinance
adopted pursuant to this Agreement to the extent provided by law.
2.3 COUNTY has adopted its Airport Zoning Ordinance pursuant to the requirements of
Chapter 333, Florida Statutes, and agrees to administer and enforce said ordinance
to the extent provided by law.
City Enbmwent
08/20/10
4
ARTICLE 3
NOTICES
3.1 Any notice required hereunder shall be provided in writing by certified U.S. Mail,
return receipt requested, addressed as follows, or to such changed address as may
be noticed by one party to the other pursuant hereto:
FOR THE COUNTY: County Administrator
Broward County Governmental Center
115 South Andrews Avenue, Suite 490
Fort Lauderdale, FL 33301
With copy to:
Director of Aviation
Broward Aviation Department
100 Aviation Boulevard
Fort Lauderdale, FL 33315
FOR THE CITY: City Manager
City of Dania Beach
100 West Dania Beach Blvd.
Dania Beach, FL 33004
With copy to:
Director, Community Development Department
City of Dania Beach
100 West Dania Beach Blvd.
Dania Beach, FL 33004
ARTICLE 4
MISCELLANEOUS PROVISIONS
4.1 Conditions Precedent. The parties hereto agree that all legal requirements or
prerequisites pertaining to the execution of this Agreement have been performed.
Each party shall notify the other,at least seven (7)days in advance, of the date upon
which its goveming board shall consider approval of this Interlocal Agreement, and
City Enforcement
MOM
5
shall further provide the other with copies of the official records evidencing the action
taken by its governing board with regard to this Interlocal Agreement.
4.2 Succession of Aareement. This Agreement and the rights and obligations
contained herein shall inure to the benefit of and be binding upon the parties hereto
and their respective successors and assigns.
4.3 Execution Date. The date of the execution of this Agreement shall mean the last
day upon which it becomes fully executed by COUNTY and CITY.
4.4 No Waiver. No waiver of any provision of this Agreement shall be effective unless it
is in writing, signed by the party against whom it is asserted and any such written
waiver shall only be applicable to the specific instance to which it relates and shall
not be deemed to be a continuing or future waiver.
4.5 Entire Agreement and Modification. This Agreement constitutes the entire
understanding and agreement between the parties and may not be changed, altered
or modified except by an instrument in writing signed by all parties.
4.6 Binding Effect. This Agreement shall inure to the benefit of and shall be binding
upon the parties and their respective successors and assigns.
4.7 Governing Law. This Interlocal Agreement shall be governed by and construed in
accordance with Florida Law, and supersedes all prior written or oral agreements
between the parties.
IN WITNESS WHEREOF, the parties have made and executed this Interlocal
Agreement on the respective dates under each signature: BROWARD COUNTY through
its Board of County Commissioners, signing by and through its Mayor or Vice Mayor, duly
authorized to execute same by Board action on , 20_, and the CITY
OF DANIA BEACH, signing by and through its , duly authorized
to execute same.
[THIS SPACE INTENTIONALLY LEFT BLANK]
Cfty Enkmement
0&20110
6
INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF
DANIA BEACH PROVIDING FOR THE ADOPTION AND ENFORCEMENT OF AIRPORT
ZONING REGULATIONS
COUNTY
ATTEST: BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
County Administrator and By
Ex-officio Clerk of the , Mayor
Board of County Commissioners
of Broward County, Florida day of , 120_.
Approved as to form by Office of the
Approved as to form by
Office of County Attorney
Broward County, Florida
JEFFREY J. NEWTON, County Attorney
Governmental Center, Room 423
115 S. Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Facsimile: (954) 357-7641
BY
Assistant County Attorney
City Enforoement
l)t3/211110
7
INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF
DANIA BEACH PROVIDING FOR THE ADOPTION AND ENFORCEMENT OF AIRPORT
ZONING REGULATIONS
CITY
CITY OF DANIA BEACH
WITNESSES:
By
day of 20_.
Title:
SEAL Approved as to form:
ATTEST:
Tom Ansbro, City Attorney
City Clerk
City Manager
City Enforcement
08=10
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EXHIBIT A
AIRPORT ZONING PROVISIOINS
ARTICLE 220. SUPPLEMENTAL BUILDING AND STRUCTURE HEIGHT
REGULATIONS (INCLUDING LOWEST FINISHED FLOOR); ROOFTOP
REGULATIONS.
Sec. 220-10. Height measurements and general exceptions.
(A) Height measurements. No building or structure shall exceed the maximum allowable
number of stories or height limit expressed in feet, allowed in the schedules of site
development regulations in article 205 and in the CRA form-based zoning regulations in
article 303.
(B) In all districts except the CRA form-based districts of Part 3 of this code, the
following structures may exceed the maximum height limit of the district within which
located by a maximum of twenty-five (25) percent unless otherwise provided below:
(1) Rooftop structures for the housing of elevators, stairways, tanks, skylights,
ventilating fans, air conditioning or similar equipment required to operate and
maintain the building, and cupolas, steeples, chimneys and other decorative
rooftop projections, provided that the aggregate coverage of all such structures
does not exceed fifteen (15) percent of the total roof area.
(2) Radio and television antennae, whether freestanding or roof-mounted.
(3) Solar panels and accessory equipment.
(4) Ham radio antennae may exceed the maximum district height limit by forty
(40) percent.
(C) All buildings shall be constructed with a lowest FFE of at least one (1) foot above
the one hundred (100) year flood elevation established by the Federal Emergency
Management Administration's Flood Insurance Rate Maps (FIRM). Reference: chapter
12, `Flood damage prevention".
Sec. 220-20. Airspace restrictions on allowable height; Federal Aviation
Administration review.
In order to maintain the safety. capacity, efficiency, utility, and air service capability of
the Fort Lauderdale-Hollywood International Airport ("Airport"), the heights of buildings
or structures near the Airport shall be limited to those heights classed as no hazard or
determined to be not an obstruction by the Federal Aviation Administration (FAA)
pursuant to Federal Aviation Regulations 14 CFR Part 77, as amended, and shall be
consistent with Florida Statutes, Chapter 333, as amended, relating to airports. Due to
August 19, 2010
Page 1 of 11
the Ci 's proximity to the Airport, the following development applications require
Federal Aviation Administration (FAA) review, through the FAA's obstruction evaluation
and aimort airspace analysis (OE/AAA) process, for potential flight path obstructions
prior to issuance of any City development order or permit:
(A) An application to construct, substantially change, alter, modify or repair a
building or structure that would exceed two hundred (200) feet in height,
measured to the highest point of the building or structure; and
(B) An application to construct, substantially change, alter, modify or repair a
building or structure that would be situated within twenty thousand (20,000)
horizontal feet of a runway, and that would be of a height that is greater than one
(1) foot for each one hundred (100) feet of separation between the building and
the nearest point of any runway (a 1:100 ratio of height to horizontal distance).
Note. the majority of building activities proximate to the Airport will require FAA
review, but will not necessarily result in an FAA determination that the activity
constitutes an obstruction and/or a hazard.
Example. as shown in Figure 220-20, below, if a 100-foot building is proposed at a
location 5,000 feet from the edge of a runway, FAA review would be required because
the building would only have 50 feet of runway separation for each foot of proposed
height(5,000 ft. separation divided by 100 feet building height= 50 feet of separation for
each foot of height). If that same building is proposed10,000 feet from the edge of the
same runway, FAA review would not be required under this rule (but may be reQuir+ed
under other rules). because the building would have the full 100 feet of runway
separation for each foot of proposed height (10,000 ft, separation divided by 100 feet
height=100 feet of separation per foot of height).
August 19,2010
Page 2 of 11
Fi ure 220-20
A!
,
,
,
(C) Any proposed construction or alteration that would exceed the heights
of any of the five types of notification reauirements of FAR Part 77.13 shall
require notice to be provided to the FAA. Refer to FAR 4-77.13(a)(1146) for
notification requirements.
ARTICLE 260. AIRPORT PROXIMITY AND NAVIGATIONAL HAZARD
REGULATIONS; AIRSPACE HEIGHT LIMITATIONS; PERMITS AND VARIANCES.
Sec. 260-10. Airport proximity.
(A) See Article 220 for special height limitations and FAA review requirements.
(B) Certain obstructions intruding into airspace near runways have the potential for
being hazardous to aircraft operations as well as to persons and property on the ground
in the vicinity of the obstruction. In order to prevent the creation or establishment of
airport hazards. Florida Statutes, Chapter 333. as amended. requires every political
subdivision having an airport hazard area within its territorial limits, to adopt, administer,
and enforce airport zoning regulations for such airport hazard area. These provisions
are hereby adopted and established consistent with Chapter 333, Florida Statutes, as
amended.
August 19,2010
Page 3 of 11
(C) Notwithstanding any other provision of these regulations, no use shall be made
of land or water within the municipal boundaries of the City in such a manner as to
interfere with operation of an airborne aircraft using a publicly licensed airport.
(D) The following special requirements shall apply to proposed developments:
M Proposed developments which produce lights or illumination, smoke, glare
or other visual hazards, or produce electronic interference with airporttairplane
navigation signals are- subject to the standards specked in the FAA Order
7400.2G. as amended, consistent with Sec. 333.03(3), Florida Statutes, as may
be applied and enforced by the state and/or federal governments.
Lights or illumination used in conjunction with streets, parking, signs or
use of land and structures shall be arranged and operated in such a manner that
it is not misleading or dangerous to aircraft operating from a public airport or in
the vicinity thereof.
() No operations of any type shall produce smoke, glare or other visual
hazards within three (3) statute miles of any usable runway of the Airport.
(4) No operations of any type shall produce electronic interference with
navigation signals or radio communications between the Airport and aircraft.
(5) Solid waste management facilities/disposal sites shall be reviewed in
accordance with the State of Florida Department of Environmental Regulation
(DER) Rule Chapter 62-701, as amended, and in addition the review shall
consider whether any sanitary landfill is constructed so that it attracts or sustains
hazardous bird movements from feeding, water, or roosting areas into, or across,
the runways or approach and departure patterns of aircraft. Such review shall
include the following requirements:
(a) Applicants proposing to construct new landfills within a six mile radius,
and applicants proposing to construct lateral expansions of existing
landfills within a five-mile radius, of any licensed and operating_airport
runway used by turbine powered or piston engine aircraft shall notify the
affected airport, the Federal Aviation Administration, and the Florida
Department of Transportation when the application is filed with the
Department, and shall provide evidence of such notification to the
Department.
(b) Solid waste management facilities and landfills where waste is stored,
disposed, or processed outdoors, shall not be located within 10,000 feet of
any licensed and operating airport runway used by turbine powered
aircraft, or within 5,000 feet of any licensed and operating airport runway
used only by piston engine aircraft, unless the applicant demonstrates that
August 19,2010
Page 4 of 11
the facility is designed and will be operated so that it does not pose a bird
hazard to aircraft.
(c) For facilities and landfills that are 2Loposed to be sited outside the
limitations established by §ubparagra2h (b), above, the City building
inspector shall request from the manager of the Airport a report on such
bird feeding or roosting areas that at the time of the regueg are known to
the Airport. Information as to whether the proposed landfill will incorporate
bird management techniques or other practices to minimize bird hazards
to airborne aircraft shall be provided to the manager of the Airport.
(E) Obstruction Marking and Lighting. The owner of any structure (1) that has been
classified by the F66 as an "obstruction to air navigation". and/or (2) is over two
hundred (200) feet above ground level, and/or (3) has been required to do so as a
Provision of an FAA airspace determination, shall install and perpetually maintain
obstruction marking and, lighting in accordance with FAA Advisory Circular 70-7460-1 H,
as amended, and amendments thereto on such structure. This obstruction marking and
lighting may include highly contrasting paint patterns, flashing red beacons, steady
burning red obstruction lights or high-intensity obstruction lights. All required obstruction
Markin g and lighting must be installed and perpetually maintained in accordance with
FAA Advisory Circular 70-7460-1 H and amendments thereto.
(F) In accordance with Florida Statutes, Section 333.03, as amended, there is
hereby prohibited the construction of an educational facility of a public or private school
at the end of an airport runway within an area which extends 5 miles in a direct line
along the centerline of the runway, and which has a width measuring one-half the length
of the runway
.
(G) IN 1 0 � j- 'Wt A- With respect to any structure of any type
0 W4 *I W
which is proposed to be constructed in the City near, or in proximity to, the Airport o
within the flight path approachingf u the Airport, the applicant or a Cit_y, permit trust comely
with all regulations of the FAA (and any other governmental agency having jurisdiction)
and the applicant must have received a favorable airspace determination from the FAA
and the Florida Degartment of Transportation (if apolicable) before the City shall issue a
permit allowing the construction of the structure. In the event the building inspector of
the City believes that any proposed structure may be in conflict with any rules or
regulations established by this Code, or in conflict with any federal or state
governmental rules or regulations governing the height and location of structures near
The Airpgrt, the building inspector shall decline to issue a permit to allow the
construction, aftera on, or repa it of the structure until the buildina..ins l2eptor first obtains
a favorable approval or recommendation from the Airport Manager.
(H) In order to ensure compliance with federal and state regulations regarding the
height of structures near the Airport, a copy of any development application to
construct, substantially change, alter, modify or repair any structure which exceeds, or
is planned to exceed 200 feet above ground level, or is situated within 20,000' of the
August 19,2010
Page 5 of 11
4;6;
Airport and exceeds a 1001 surface from any point on a runway, or is located in an
area encml2assinci 5,000 feet off the extendo r&n_tedine of the runway in length and
equal to one half of the runway lenciffi in width shall be provided to the Alg2ort Manage
for review and comment. . The Airport Manager shall provide comments to the City-
within 30 days after being provided with a copy of the proposed development
application. The City building inspector shall decline to issue a permit to allow the
construction, alteration, or repair of the structure, until any comments have been
addressed by the developer in a manner satisfactory to the Cily building inspector and
the Airport Manager.
Sec.260-20. Definitions
As used in this Article, unless the context otherwise indicates, the following definitions
shall apply:
(A) Airport- shall mean the Fort Lauderdale-Hollywood Intemabonal Airport and
shall include as to such Airport, any area of land or water designated and set
aside for the landing and taking off of aircraft and utilized in the interest of the
public for such gurvgse.
(B) Airport Hazard, Any structure or tree or use of land which would exceed the
federal obstruction standards as contained in 14 CFR ss. 77.21, 77.23, 77.25,
77.28 and 77.22, as amended, and which obstructs the airspace required for the
flight of aircraft in taking off, maneuvering, or landing or is otherwise hazardous
to such tahing _off, maneuvering, or landing Of aircraft and for which no person
has Previously obtained a permit or variance.
(C) Airport Hazard Area: means any area of land or water upon which an airport
hazard might be established ff not prevented as provided in this Article.
(D) Airspace Determination: A document issued by the FAA noting its
assessment of the obstruction and/or hazard status of proposed construction or
alteration. A project sponsor submits FAA Form 7460-1, Notice of Proposed
Consfruction or Alteration, which initiates the FAA's obstruction evaluation /
airport airspace analysis (OE/AAA) Rrocess. At the conclusion of the OE/AAA
process, the FAA issues an airspace determination. Project proponents may file
Form 7460-1 online at hftp://oeaaa.faa.-gov.
(E) Airs
pace hek7ht To determine the height limits in all. zones set forth in this
Article, the datum shall be mean sea level elevation (MSL), North American
Vertical Datum of 1988 (NAVD88), unless otherwise specified.
(E) Airport M_anaMr- Shall mean the Director of Aviation, Broward County
Avi
ation Department, or successor position, as may be established by the
BroWard Coup ly Board of County Commissioners.
Augua 19,2010
Page 6 of 11
(G) Department: The City of Dania Beach Community Development Department
en desi nated b this or its successor agency, which is the administrative ag cv g y s
Article with the authority to grant variances and perform other functions
designated to it hereunder and pursuant to Chapter 333, Florida Statutes.
(H) FAA: Federal Aviation Administration, or its successor agency.
(1) Nonconfonning uses: Any preexisting structure, object of natural growth or
use of land which is inconsistent with the provisions of this Article or
amendments thereto.
Q) Obstruction: Any existin or r proposed objects. including objects of natural
growth or terrain whose height exceeds the obstruction standards contained in
14 CFR ss. 77.21 77.23 77.25 77.28 and 77.29 as amended.
W Runway, A defined area on an airport prepared for landing and takeoff of
aircraft along its length.
(L) Structure: Any object constructed or installed by any person, including but
not limited to buildings, towers, smokestacks, utility poles and overhead
transmission lines.
(M) Tree: Includes any plant of the vegetable kingdom.
Sec. 260-30. Airport zones and airspace height limitations.
(A) In order to carry out the provisions of this Article. there are hereby created and
established certain zones. These zones include all of the land lying beneath the
approach, transitional, horizontal and conical surfaces as they apply to the Airport. The
terms "surface" and "zone" may be used interchangeably to describe the land or
airspace that is intended to be protected from intrusion or obstruction. The regulations
established herein shall be construed to regulate the use of land within the zones in the
manner necessary to protect the associated surfaces and airspace from intrusion or
obstruction. The associated surfaces and protected airspace are collectively referred to
as the "aeronautical surfaces." These regulations apply only to those areas lying within
the municipal limits of the City.
(B) An area located in more than one of the described zones shall be considered to
be in the zone with the more restrictive height limitation. The various zones are hereby
established, defined and regulated as follows:
(1) Approach Zone:An approach zone is applied to the end of each runway. The
inner edge of the approach zone surface is the same width as the primary
surface and it expands uniformly to a width based upon the type of approach
available or planned for that runway end. Specifically:
August 19,2010
Page 7 of 11
(a) Runways 9L, 9R, 27L, and 27R (precision instrument runways) expand
uniformly to a width of sixteen thousand^(16,000) feet, and a horizontal
distance of fifty thousand (50,000)feet.
(b) Runways 13 and 31 (nonprecision instrument runways having visibility
minimums greater than three-fourths statute mile) expand uniformly to a
width of three thousand five hundred (3,500) feet, and a horizontal
distance ten thousand (10,000)feet.
Restriction: No building or structure shall be permitted within the Approach Zone
unless such structure has been reviewed by the FAA and received a favorable
airspace determination.
(2) Conical Zone: A zone commencing at the periphery of the horizontal zone
and extending outward for a horizontal distance of four thousand (4,000) feet.
The surface of the conical zone commences at the elevation of the surface of the
horizontal zone and extends outward and upward at a slope of one (1) foot
vertically to twenty(20) feet horizontally.
Restriction: No building or structure shall be permitted within the Conical Zone
unless such structure has been reviewed by the FAA and received a favorable
airspace determination.
(3) Horizontal Zone: A zone created by swinging arcs of ten thousand (10,000)
feet from the center of each end of the primary surface of each runway and
connecting the adjacent arcs by lines tangent to those arcs. The surface of the
horizontal zone is a horizontal plane at an elevation- of one hundred fifty (150)
feet above the Airport elevation.
Restriction: No structure or obstruction will be permitted in the horizontal zone
that has a height -greater than one hundred fifty (150) feet above the Airport
elevation unless such structure has been reviewed by the FAA and received a
favorable airspace determination.
(4) Primary Surface:An area longitudinally centered on a runway, extending two
hundred (200) feet beyond each end of that runway with a width of:
(a) One thousand (1,000)feet for Runways 9L-27R and 9R-27L (precision
instrument runways).
(b) Five hundred (500) feet for Runway 13-31 (nonprecision instrument
runway having visibility minimums greater than three-fourths statute mile).
Restriction: No structure or obstruction will be permitted within the primary
surface that is not part of the landing and takeoff facilities and is of a greater
height than the nearest point on the runway centerline.
August 19,2010
Page 8 of 11
(5) Transitional Zone: One (1) foot vertically for each seven (7) feet horizontally
from the sides of the primary surfaces and from the sides of the approach
surfaces to the horizontal surface.
Restriction: No building or structure shall be permitted within the Transitional
Zone unless such structure has been reviewed by the FAA and received a
favorable airspace determination.
(6) Runway Protection Zone ("RPZ"): A land use restriction area at around level
which begins 200 feet from the departure end of runway(DER) and 200 feet from
the runway threshold (which may be displaced), is trapezoidal in shape, centered
on the runway centerline and splaying outward according to dimensions set forth
in FAA Advisory Circular 150/5300-13, section 212, as amended.
Restriction: Within the RPZs, the following land uses are prohibited: places of
public assembly, residential, and fuel storage, including but not limited to the
following: single- or multi- family residential: retail: restaurants: educational
facilities: hospitals, medical inpatient treatment facilities, nursing/convalescent
home facilities: places of worship: fuel tank farms: and gasoline filling stations.
Sec. 260-40. Permits and variances.
A Permit:
(1) Any person desiring to replace, rebuild, alter, change or repair any structure
or desiring to replant, replace or allow to grow higher, any tree or other growth of
natural vegetation, which tree, growth or structure was in existence and in
violation of the regulations and limitations herein adopted on the effective date of
this Article, shall apply to rINSERT APPROPRIATE CITY DEPARTMENT] for a
permit.
(2) No permit shall be aranted that would allow the establishment or creation of
an airport hazard or permit a nonconforming structure, tree, or other growth of
natural vegetation or use to be made or become higher or become a greater
hazard to air navigation than it was on the effective date of this Article.
(3) Whenever (INSERT APPROPRIATE CITY DEPARTMENT] determines that
a nonconforming use or nonconforming structure or tree has been abandoned or
is more than eighty, (80%) percent torn down, destroyed, deteriorated or
decayed, no permit shall be granted that would allow said structure or tree to
exceed the applicable height limit or otherwise deviate from the regulations
adopted hereunder: and, whether application is made for a permit under this
subsection or not, nNSERT APPROPRIATE CITY DEPARTMENT] may, by
appropriate action, compel the owner of the nonconforming structure or tree, at
August 19, 2010
Page 9 of 11
his or her own expense, to lower, remove, reconstruct or equip such objects as
may be necessary to conform to the regulations. If the owner of the
nonconforming structure or tree shall neglect or refuse to comply with such order
for ten (10) days after notice thereof, the City may proceed to have the object so
lowered, removed, reconstructed or equipped. and assess the cost and expense
thereof upon the object or the land whereon it is or was located: and, unless such
costs are paid within ninety (90) days from the service of notice thereof on the
owner of such object or land, or his or agent, the sum shall become a lien on said
land and shall bear interest thereafter at the rate of 6 percent per annum until
paid. The City shall file a claim of lien in the public records of Broward County
stating and itemizing the costs incurred by the City and the location of the
groperty upon which the City performed the work. The claim of lien shall be
sworn to by such agent or employee of the City as may be authorized by the
Board of City Commissioners to file said claim of lien. Said claim of lien shall be
recorded in the public records at no charge. The recordation of the claim of lien
and the lien secured thereby shall have the same effect as a mortgage lien and
shall be enforceable by the same procedure as a mortgage in the State of
Florida. The lien shall be effective for a period of twenty(20) years.
(4) Except as provided herein, applications for permits shall be granted, provided
the matter applied for meets the provisions of this Article and the regulations
adopted and in force hereunder.
(B) Variances:
(1) Any person desiring to erect or increase the height of any structure, tree or
growth of natural vegetation, or use his or her property in potential violation of the
regulations prescribed in this Article, may apg_Iv to the [INSERT APPROPRIATE
CITY DEPARTMENT] for a variance from such regulations, any variance request
must be accompanied by an FAA determination of no hazard.
(2) In its consideration of the request for a variance pursuant to this Article.
[INSERT APPROPRIATE CITY DEPARTMENT] may grant a variance when a
literal application of enforcement of the regulations would result in practical
difficulty or unnecessary hardship and the relief granted would not be contrary to
the public interest but would do substantial justice and be in accordance with the
spirit of this Article. [INSERT APPROPRIATE CITY DEPARTMENT] may grant
a variance subject to reasonable conditions necessary to effectuate the purpose
of this Article.
(3) No application for variance from the requirements of this Article may be
considered by the [INSERT APPROPRIATE CITY DEPARTMENT] unless a
copy of the application (with the FAA determination) has been furnished to
[INSERT APPROPRIATE CITY DEPARTMENT], the Broward County Aviation
Department, and the Broward County Department of Environmental Protection
August 19,2010
Page 10 of 11
and Growth Mana-gement. The foregoing offices shall have a 30 day comment
period prior to any final action on any variance request.
(C) Obstruction Marking and lighting►:
Any hermit or variance -granted pursuant hereto shall require the owner to mark
and light the structure in accordance with FAA Advisory circular 70-7460-1 H. as
amended. Any permit issued pursuant hereto may be conditioned so as to permit
Broward County, at its own expense, to install, operate and maintain such markers and
lights as may be necessary to indicate to pilots the presence of an airspace hazard if
special conditions so warrant.
(D) Administration and enforcement:
It shall be the duty of rINSERT APPROPRIATE CITY DEPARTMENTI to
administer and enforce the regulations prescribed herein within the airport zones
established pursuant to this Article. In the event of any violation of the regulations
contained herein, the person responsible for such violation shall be given notice in
writing by the director of said [INSERT APPROPRIATE CITY DEPARTMENT]. Such
notice shall indicate the nature of the violation and the necessary action to correct or
abate the violation. A copy of said notice shall be sent to the Broward County Aviation
Department. The director of the [INSERT APPROPRIATE CITY DEPARTMENTI shall
order discontinuance of use of land or building: removal of trees to conform with height
limitations set forth herein: removal of buildings, additions, alterations or structures:
discontinuance of any work being done: or shall take any or all other action necessary
to correct violations and obtain compliance with all provisions of this Article.
(E) Board of Adjustment:
The [INSERT APPROPRIATE CITY DEPARTMENTI, in accordance with
Article [INSERT APPROPRIATE ARTICLEI . Dania Zoninsi Code, shall have the
authority and will exercise the following powers on matters pursuant to this Article:
(1)To hear and decide appeals from any order, requirement, decision or
determination made by the rINSERT APPROPRIATE CITY DEPARTMENTI in
the enforcement of this Article:
(2)To hear and decide variances as provided in section (A) or (B) above.
(F) Conflictina regulations.
Where there exists a conflict between any of the regulations or limitations
prescribed in this Article and any other regulations applicable to the same area, whether
the conflict be with respect to the height of structures or trees, the use of land or any
other matter, the more stringent limitation or requirement shall govern and prevail.
August 19, 2010
Page 11 of 11
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