HomeMy WebLinkAboutNULL (591) MINUTES OF REGULAR MEETING
DANIA BEACH CITY COMMISSION
TUESDAY, SEPTEMBER 14, 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: Robert Baldwin
City Attorney: Thomas Ansbro
City Clerk: Louise Stilson
2. Invocation and Pledge of Allegiance
Commissioner Bobbie Grace gave the invocation followed by the Pledge of Allegiance to the
United States Flag.
3. Presentations and Special Event Approvals
3.1 Special Event request by the Dania Beach Chamber of Commerce for Concerts on the
Green to be held on the following dates: October 2, 2010, 4:00 pm-7:00 pm;
November 6, 2010, 4:00 pm-7:00 pm; December 4, 2010, 3:00 pm-6:00 pm; January
8, 2011, 3:00 pm-6:00 pm; and February 5, 2011, 3:00 pm-6:00 pm
Victoria Payne, Executive Director, Chamber of Commerce, noted the event is to bring people to
the downtown area. She noted that they will also be posting signs two days before the event and
they will be removed immediately after the event.
Vice-Mayor Castro motioned to approve the Special Event Request for the Concerts on the
Green, with the inclusion of the signs; 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
3.2 Special Event request by The Metaphysical Chapel of South Florida located at 233 N.
Federal Hwy, #51, for a Pet Blessing Event to be held Saturday, October 16, 2010
from 11:00 a.m. to 1:00 p.m.
Commissioner Duke motioned to approve the Special Event Request for the Pet Blessing
Event; 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
3.3 Special Event request by Jaxson's Ice Cream Parlor to honor Monroe Udell and to
commemorate the dedication of Monroe Udell Street Signs. This event will be held
at Jaxson's Ice Cream Parlor located at 128 South Federal Highway on Wednesday,
September 22, 2010 from 5:00 p.m. - 7:30 p.m. On behalf of Jaxson's Ice Cream
Parlor, Jerry Smith is requesting all fees be waived.
Vice-Mayor Castro motioned to approve the Special Event Request for the Dedication of
Monroe Udell Street Signs, and to waive all associated fees; 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
4. Proclamations
There were no proclamations at this meeting.
5. Citizen Comments
George Jason, 4549 SW 37 h Avenue, noted that Mt. Sinai Methodist Church is applying for
historic designation. He provided a brief history of the building. Mr. Jason advised that they are
planning to re-open the daycare center by the end of this year. He requested Commission
support of the request.
Mayor McElyea motioned to approve the installation of a historical marker for Mt. Sinai
Methodist Church; seconded by Commissioner Grace. The motion carried unanimously.
Vice-Mayor Castro suggested that Mr. Jason coordinate with both the Parks and Recreation and
Utilities departments in order to start the process.
Minutes of Regular Meeting 2
Dania Beach City Commission
Tuesday,September 14,2010—7:00 p.m.
Jacqueline Clark introduced her father Harold A. Davis, 90 years old, a veteran and resident of
the City. She noted that his business, Davis & Bryce Funeral Home and Chapel, is now closed
and operating under another name. Ms. Clark would like the City to consider naming a street
after her father in recognition for helping those in need in our community.
The Commission generally agreed to have Ms. Clark contact City Manager Baldwin in order to
move forward with the process.
6. Public Safety Reports
Donn Peterson, BSO Chief of Police, reported on the results of the HOT Program. He noted that
the "Employee of the Month" for the month of August is awarded to Detectives Salazar and
DiGiovanni. Chief Peterson provided an update of BSO activities conducted by Detectives
Salazar and DiGiovanni.
Commissioner Duke cautioned the Commission of having the BSO headquarters with Hank
Thomas. He asked Chief Peterson to consider other alternatives because there are a lot of
challenges and obstacles for that plan to come to fruition.
Commissioner Grace noted a police officer was at the Dania Bears game; however, she also
wants an officer on the premises after dark.
Joe Fernandez, Fire Chief, reported on today's rain condition. He noted they are coordinating
with Public Services to make sure the flooding issues are under control. Chief Fernandez
referred to the Fire Department Monthly Report and the questions regarding the EMS transport
billing. He explained that there was a Medicare Law change that affected the figures. Chief
Fernandez indicated that they performed enforcement actions on a property last week which was
not properly licensed and had some dangerous conditions inside. Lastly, he advised that he was
nominated and elected to be vice-president of the Broward Chiefs Association.
7. Consent Agenda
Items added to Consent Agenda: #7.9
7.1 Minutes:
Approve minutes of August 10, 2010 City Commission meeting
7.2 Travel Requests: None
Resolutions
7.3 RESOLUTION#2010-149
Minutes of Regular Meeting 3
Dania Beach City Commission
Tuesday, September 14,2010—7:00 p.m.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING
FOR FUND TRANSFERS AND APPROPRIATION OF FUNDS FOR FISCAL YEAR 2010 BUDGET;
PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
7.4 RESOLUTION#2010-150
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, EXPRESSING
SUPPORT FOR THE FLORIDA DEPARTMENT OF TRANSPORTATION'S SFEC CORRIDOR PROJECT
(FROM JUPITER TO MIAMI) AND ITS AFFILIATED REGIONAL AND COUNTY TRANSPORTATION
AGENCIES; ACKNOWLEDGING POTENTIAL STATION LOCATIONS; ACKNOWLEDGING THE CITY'S
COMMITMENT TO THE PROJECT TO ENHANCE MOBILITY IN THE SOUTHEAST FLORIDA REGION;
PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
7.5 RESOLUTION#2010-152
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, ACCEPTING
THE WATER AND SEWER SYSTEM IMPROVEMENTS, ABSOLUTE BILL OF SALE, WATER EASEMENT
AND SANITARY SEWER EASEMENT FROM PALMETTO HOSPITALITY OF DANIA BEACH HP, LLC, A
FLORIDA LIMITED LIABILITY COMPANY AND PALMETTO HOSPITALITY OF DANIA BEACH SS, LLC,
A FLORIDA LIMITED LIABILITY COMPANY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
7.6 RESOLUTION#2010-153
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING
FOR PURCHASES RELATING TO MAUSOLEUMS AND APPROPRIATION OF FUNDS FOR FISCAL YEAR
2010;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
7.7 RESOLUTION#2010-154
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING CHANGE ORDERS #2, #3, #4, AND #5 IN THE TOTAL AMOUNT OF NINETY-SIX
THOUSAND SIX HUNDRED FOURTEEN DOLLARS ($96,614.00) IN CONNECTION WITH THE
DESIGN/BUILD AGREEMENT OF THE DANIA BEACH LIBRARY; PROVIDING FOR CONFLICTS;
FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
Ordinances (Titles read by City Attorney)
7.8 ORDINANCE #2010-021
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING
SECTION 2-10 OF THE CITY CODE OF ORDINANCES PERTAINING TO MONETARY THRESHOLDS FOR
CERTAIN PURCHASES AND CHECK AUTHORIZATIONS, TO REVISE AND UPDATE THE PROVISIONS
APPLICABLE TO SUCH PURCHASES AND AUTHORIZATIONS; PROVIDING FOR CONFLICTS;
FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)
Addendum
7.9 RESOLUTION#2010-161
Minutes of Regular Meeting 4
Dania Beach City Commission
Tuesday,September 14,2010—7:00 p.m.
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY
OFFICIALS TO EXECUTE A FOURTH AMENDMENT TO THE INTERLOCAL AGREEMENT EXISTING
AMONG THE CITY OF DANIA BEACH, THE COMMUNITY REDEVELOPMENT AGENCY AND
BROWARD COUNTY, PERTAINING TO COUNTY FUNDING OF INFRASTRUCTURE IMPROVEMENTS
PROPOSED FOR THE DANIA BEACH CRA AREA; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
Commissioner Grace motioned to adopt the Consent Agenda, with the addition of Item
#7.9; seconded by Vice-Mayor Castro. The motion carried on the following 5-0 Roll Call
vote:
Commissioner Anton Yes Vice-Mayor Castro Yes
Commissioner Duke Yes Mayor McElyea Yes
Commissioner Grace Yes
8. Bids and Requests for Proposals
There were no proposals on this agenda.
9. Public Hearings and Site Plans
9.1 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;
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
Minutes of Regular Meeting 5
Dania Beach City Commission
Tuesday,September 14,2010—7:00 p.m.
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. (SECOND READING)
City Attorney Ansbro read the title of Ordinance#2010-019.
Mayor McElyea opened the Public Hearing.
Corinne Lajoie, AICP, Principal Planner, noted that staff is addressing some of the comments
made at the August 24, 2010 Commission meeting, when the ordinance was presented on first
reading. She indicated that they are currently working on the language for the Broward County
Aviation Department and the changes will come back before the Commission in the near future.
Ms. Lajoie advised that signage will also be brought back at a later date. She noted that they are
looking to accommodate some of the non-conforming properties on Griffin Road.
Charles Michelson, Saltz, Michelson Architects, 3501 Griffin Road, thanked the Commission for
considering their request.
Seeing as there was no one else to speak in favor or opposition, Mayor McElyea closed the
Public Hearing.
Vice-Mayor Castro motioned to adopt Ordinance #2010-019, on second reading; seconded
by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote:
Commissioner Anton Yes Vice-Mayor Castro Yes
Commissioner Duke Yes Mayor McElyea Yes
Commissioner Grace Yes
9.2 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. (SECOND READING)
City Attorney Ansbro read the title of Ordinance#2010-020.
Minutes of Regular Meeting 6
Dania Beach City Commission
Tuesday,September 14,2010—7:00 p.m.
Mayor McElyea opened the Public Hearing. Seeing as there was no one to speak in favor or
opposition, he closed the Public Hearing.
Vice-Mayor Castro motioned to adopt Ordinance #2010-020, on second reading; seconded
by Commissioner Duke. The motion carried on the following 5-0 Roll Call vote:
Commissioner Anton Yes Vice-Mayor Castro Yes
Commissioner Duke Yes Mayor McElyea Yes
Commissioner Grace Yes
City Attorney Ansbro advised the remaining items were quasi-judicial matters and swore-in
those who would speak. He asked the Commission to disclose any communication they had on
these matters.
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. (Continued from August 24,2010)
City Attorney Ansbro read the title of Resolution#2010-139.
Commissioner Anton noted he had discussed this matter earlier in the event of a north runway
expansion of the Fort Lauderdale-Hollywood International Airport. He advised that the Federal
Aviation Administration (FAA) refused to approve or deny the request without construction
documents which required Commission approval. Commissioner Anton clarified that it will not
interfere with the expansion of the north runway or any other possible runway expansion.
Corinne Lajoie, AICP, Principal Planner, distributed a copy of a letter from the Broward County
Aviation Department which is attached to and incorporated into these minutes. She provided an
overview of the request for a special exception for the installation of a new telecommunication
tower. Ms. Lajoie advised that staff recommends approval with the condition that, in the event
the north runway is expanded and the antenna poses a conflict with flight traffic or Airport
transmission, T-Mobile will remove and relocate the antenna at their expense. She added a
condition that the FAA and the Federal Communication Commission (FCC) review the request,
as suggested by the Broward County Aviation Department.
Commissioner Duke motioned to adopt Resolution #2010-139, subject to staff
recommendations; seconded by Commissioner Grace.
Mayor McElyea opened the Public Hearing. Seeing as there was no one to speak in favor or
opposition, he closed the Public Hearing.
Minutes of Regular Meeting 7
Dania Beach City Commission
Tuesday,September 14,2010—7:00 p.m.
The motion carried on the following 5-0 Roll Call vote:
Commissioner Anton Yes Vice-Mayor Castro Yes
Commissioner Duke Yes Mayor McElyea Yes
Commissioner Grace Yes
9.4 RESOLUTION#2010-151
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
THE VARIANCE REQUEST SUBMITTED BY HANK THOMAS, REPRESENTING KSA MECHANICAL,
FROM THE DANIA BEACH LAND DEVELOPMENT CODE, FOR PROPERTY LOCATED AT 4160
RAVENSWOOD ROAD, OWNED BY SAAD MALUMOUD, CITY OF DANIA BEACH; PROVIDING FOR
CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution#2010-151.
Corinne Lajoie, AICP, Principal Planner, noted the applicant is requesting a variance to allow
garage doors facing a right-of-way. She advised that this is the former JJ Kelly bus terminal site.
Ms. Lajoie further provided an overview of the project. The Planning and Zoning Board as well
as staff are recommending 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 motioned to adopt Resolution 42010-151; 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
10. Discussion and Possible Action
Vice-Mayor Castro referred to the request made by Hank Thomas, at the CRA Special meeting,
for an extension of the demolition requirement of the Pirates Inn property.
Vice-Mayor Castro motioned to approve the two week extension for the demolition of the
Pirates Inn property; seconded by Commissioner Grace. The motion carried on a 4-0 voice
vote with Commissioner Duke recusing himself.
11. Commission Comments
11.1 Commissioner Anton
Minutes of Regular Meeting 8
Dania Beach City Commission
Tuesday, September 14,2010—7:00 p.m.
Commissioner Anton noted the oral arguments on our lawsuit against the FAA took place today
in Washington, D.C. He recognized Neal McAliley, Pat Flury, Rae Sandler, Dick and Betty
Sokol and Brenda Chalifour for attending the hearing in Washington. It appears that the judges
are in unison of what they will do and we have a better than fifty percent chance of winning this
lawsuit. Commissioner Anton thanked City Attorney Ansbro for going to Miami with him last
week to help prepare Attorney McAliley for the hearing. He credited Brenda Chalifour for the
excellent environmental work she has done on this lawsuit. Commissioner Anton recommended
that we amend the appointing resolution to reflect that she is still our environmental consultant
without a monthly retainer, and payments to be made when services are rendered.
11.2 Commissioner Duke
Commissioner Duke commented that last night we discussed the selection of the Solid Waste
Haulers and he was on the losing side of a 4-1 vote. He noted that through this method of
competitive bid we managed to have Waste Management reduce their fee by $1.2M.
Commissioner Duke thanked staff for their work on the process.
11.3 Commissioner Grace
Commissioner Grace commented the Request for Proposals (RFP) is the way to go. She
commended Waste Pro for the professional letter she received today.
Commissioner Grace provided an update of civic meetings she attended.
Commissioner Grace questioned what routes of the community bus would be affected by
Broward County.
City Manager Baldwin will provide the information when it is received from Broward County.
Commissioner Grace encouraged the residents to attend the Second Public Hearing for the FY
2010-2011 Budget. She asked for a recommendation from Department Heads to make cuts to
their budgets.
Commissioner Grace asked for the results of the RFP for Banking Services.
City Manager Baldwin noted that two proposals were received today.
11.4 Vice-Mayor Castro
Vice-Mayor Castro noted she will not attend the Abatement Hearing on Thursday as she will be
out of town. She will also not attend the Metropolitan Planning Organization (MPO) meeting,
and a representative from the Community Development Department has been asked to attend.
Vice-Mayor Castro encouraged everyone to attend the Budget Hearing on Thursday, September
23 at 7:00 p.m. She noted that so far we have been able to cut down costs without reducing
Minutes of Regular Meeting 9
Dania Beach City Commission
Tuesday, September 14,2010—7:00 p.m.
services. Vice-Mayor Castro pointed out that health care and pension are issues that will need to
be addressed.
Vice-Mayor Castro advised that she will not be able to attend the Marina Mile meeting on
Thursday. She asked staff to attend so we can resolve the issue of the Florida Department of
Transportation (FDOT)Palm trees.
Commissioner Duke noted he will attend the meeting.
Vice-Mayor Castro thanked Bill Kyriakakis, and the other members of the Broward County
Economic Development team, for their support to the Greenhill Development Group for the
Indigo Hotel. She noted they have accomplished about 90% for the bonds, in spite of the
bureaucratic process.
Vice-Mayor Castro acknowledged the passage of the "One Code" because it puts us all on the
same City map. She thanked everyone involved in planning and development, including citizens
for providing their input. Vice-Mayor Castro noted she is proud of this Commission for passing
the "One Code"tonight.
11.5 Mayor McElyea
Mayor McElyea noted we need to get a grant to get our beach to look like Hollywood or Fort
Lauderdale.
Commissioner Duke noted we need to do something for our beach in conjunction with Westrec
and the Marina renovation.
Mayor McElyea noted we need a good lobbyist.
Mayor McElyea noted that P.J. Meli Park belongs to the School Board of Broward County and
they want to sell it. He remarked that we will lose it if we do not act quickly. Mayor McElyea
asked City Manager Baldwin to provide a full briefing to the Commission after talking to the
County.
Mayor McElyea noted he donated Palm trees to Adler Park.
Mayor McElyea noted that the Frost Hotel will be coming down, however the house on Federal
Highway is currently for sale and the City has first right of refusal. He indicated that the City
should offer a low bid, or perhaps get a grant to purchase the property. Mayor McElyea
suggested that the building could be used for the historical society.
12. Appointments
There were no appointments at this meeting.
Minutes of Regular Meeting 10
Dania Beach City Commission
Tuesday,September 14,2010—7:00 p.m.
13. Administrative Reports
13.1 City Manager
City Manager Baldwin thanked the Commission for some of their recent accomplishments, and
provided an update on several projects that we are working on. He noted that we need to resolve
the collective bargaining agreements issue.
13.2 City Attorney
City Attorney Ansbro had nothing to report.
13.3 City Clerk - Reminders
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
Wednesday, October 6, 2010 - 6:00 p.m. CRA Board Meeting
City Manager Baldwin noted that in other cities he has worked, the American Legion would let
you know if you do not treat the American Flag with respect. He said that there are several flags
in disrepair throughout the City and we will give those businesses a notice of violation.
Vice Mayor Castro requested contacting D. Stephenson Construction and ask them to paint City
Hall to match the new buildings.
Commissioner Duke noted the Commission should park behind City Hall and not have the
premium spaces in the parking garage.
14. Adiournment
Mayor McElyea adjourned the meeting at 8:16 p.m.
�Rp'S FIRST CST
AT ST.- _ CITY OF DANIA BEACH
LOUISE STILSON, CMC C. K. MC LYE
CITY CLERK ,,y 1 MAYOR-COMMISSIONER
Approved: September 28, 2010
Minutes of Regular Meeting 11
Dania Beach City Commission
Tuesday, September 14,2010—7:00 p.m.
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: 5gP7l /yr& , 20!0
PRINT NAME: �F O(CAS aN
ADDRESS: 4St�4 �l✓ �7rV� �1A �1E,9-vN 3331Z
PHONE NO. (optional):
PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW:
1) -i ✓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:
lCfCe�,l�//>l0�✓ AA- 67�HOAIST �t1J�LGN /}S //STd�LIC �l
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:1Agenda\PUBLIC SPEAKING FORM.doc
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Fount Sinai United Methodist Church
REQUEST FOR HISTORIC
DESIGNATION
Mt. Sinai United Methodist Church at 113 S. Federal Highway in
Dania Beach (originally called the Dania Methodist Episcopal
Church) was started in January of 1906. (that should actually
makes it the first church in Dania)
The first building on the present site was started in 1908.
The hurricane of 1910 interrupted and damaged the construction
of the church building. Repairs where made and the church was
completed in that same year of 1910.
The hurricane of 1926 totally destroyed the church building that
had to be rebuilt. The Cornerstone was laid on March 17, 1927 for
the new building.
That church building with many improvements and expansions, is
the one standing today.
Dania United Methodist Church doors were closed in November
of 2002.
Mount Sinai United Methodist Church reopened the doors of the
church on Sunday, July 11th, 2004 under the direction of Pastor
Ernestine V. Henry. Many of the former congregation from Dania
United Methodist Church came back to be a part of a faithful and
truly diverse congregation.
In June of 2009, Pastor Andrew Dixon took over the reins of one
of the oldest churches in Dania Beach along with his wife Nancy
and their family.
To this day this United Methodist Church stands across Federal
Highway from Jaxson's Ice Cream with doors open to all people
of our area who would like to be a part of this original church of
Dania Beach.
The point is not so much whether we are the oldest or first
church, but we want our historic plaque designation and be
recognized in our community and city of Dania Beach.
B x` ARD
COUNTY
� M
AVIATION DEPARTMENT-Fort Lauderdale/Hollywood International Airport
100 Aviation Boulevard-Fort Lauderdale,Florida 33315-954-359-6100
September 13, 2010
Mr. Robert Daniels
Director of Community Development
City of Dania Beach
100 W. Dania Beach Blvd.
Dania Beach, FL 33304
Subject: Marina Mile Park Proposed T-Mobile Ceti Tower
Dear Mr. Daniels:
We are in receipt of aeronautical Evaluation for Marina Mile Park by SiteSafe and the Federal Aviation
Administration (FAA) "Determination of No Hazard to Air Navigation" (2010-ASO-600-OE) regarding a
proposed cellular tower antenna (a.k.a Antenna Tower Marina Mile Park 6FB1195A) to be located
approximately 4,000-feet west-north-west of the threshold of Runway 9L/27R at Fort
Lauderdale/Hollywood International Airport (FLL), however there remains a couple of issues that need
to be considered.
As noted on the FAA Determination of No Hazard, contact August Wall to verify that nointerference is
caused to FAA facilities. The FAA is in the final stages of certifying a Very High Frequency Omni-
Directional Range (VOR) navigational aid facility immediately south of the west end of Runway 9L/27R.
It should be noted that as of issuance of the FAA determination (03105/2010)for the proposed cell tower,
the location and assigned frequency for this navigational aid had not been added to the Federal
Communication Commission (FCC) database of known antennas. Therefore, the applicant is
encouraged to notify both the FAA and FCC that both facilities will be operating in relatively close
proximity to one another to ensure that no electro-magnetic interference (EMI) would be generated,
creating unsafe aircraft operating conditions. The applicant should obtain a favorable written response
from the FAA and FCC regarding potential signal conflicts prior to any construction.
The FAA's issuance of a Determination of No Hazard for the proposed antenna facility is based on
physical encroachments that would preclude 'normal" aircraft operations. This evaluation is gauged by
referencing the proposed antenna with airspace surface/s defined in Federal Aviation Regulations (FAR)
Part 77. However, under FAR Part 25, airlines must design emergency operating procedures in the
event of a total loss of power in one engine during take-off. These One Engine Inoperative (OEI)
procedures are designed to allow the aircraft to gain some altitude to clear terrain and obstructions and
return to the airport. The typical performance metric of altitude gain by which these procedures are
gauged is a departure slope of 62.5:1 altitude gain (a one-foot gain in altitude for every 62.5-feet of
distance traveled horizontally). However OEI procedures are determined by individual airlines dependent
on their fleet mix. Since OEI procedures, such as slope, and tolerances vary by airline due to numerous
Broward County Board of county Commissioners
Sue Gunzburger-Kristin D.Jacobs•Albert C.Jones•Ken Keechl',Ilene tieberrnan-Stacy Ritter-Jobn E.Rodstrom,Jr.-Lois Wexier
www.broward.org
Septcmber 13.20 10
Page 2 of 2
changing variables such as, aircraft type, weight loads, engine configuration, and destination, the FAA
cannot use this as a metfic for obstruction evaluation however this does impact the business model of
the airlines. Our recommendation is to forward these project plans to Airline representatives to get a
determinination of whether this project impacts the airlines. BCAD can assist with contacting the
airline(s).
At this time, we propose that the antenna sponsor notify both the FAA and FCC specifying that the
original EMI evaluation may not have included potential signal conflicts with the recently installed
temporary VOR facility at FLL. We respectfully request that BCAD be notified in writing that neither the
FAA nor FCC foresee a conflict. Second, we propose that representatives from individual airlines
operating at FLL be given an opportunity to evaluate the proposed antenna for potential conflicts with
their respective emergency operating procedures. In no way is BCAD implying that the proposed
antenna would compromise operational safety or the economic vitality air transportation in the region,
however, it is our obligation to formally identify any potential conflicts that we may be aware of.
Sincerely,
C&--
James McCluskie
Director of Planning
Broward County Aviation Department
Cc:Angela Freeman, FAA
Pablo G. Auffant, FAA
Kent George, BCAD
Angela Newland, BCAD
Dan Bartholomew, BCAD
Chris Lee, BCAD
FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL, OMMISSION,AUTHORI=)Jjf",
MITTEE
t<e ez~ Ry' ah D�h14 bewt, C
MAILING ADDRESS 1� /M THE BOARD,COUNCIL,COMMISSION,AUTHOR TY OR COMMITTEE ON
Z ► ► 1 uY Y) �gW,...,,HICH I SERVE IS A UNIT OF:
CITY COUNTY V15HIITY ❑COUNTY ❑OTHER LOCAL AGENCY
`�'''�
a;l la �Y NAME OF POLITICAL SUBDIVIFN: LN
IJVall 101 4:,eA,
DATE ON WHICH VOTE OCCURRED MY POSITION IS:
I�� �f✓ IG—ELECTIVE ❑ APPOINTIVE
SEP 8 2010 WHO MUST FILE FORM 813
This for % ng at the county,city,or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative;or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above,you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting;and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting,who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision,whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKF ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting,who will incorporate the form in the minutes. (Continued on other side)
CE FORM 8B-EFF. 1/2000 PAGE 1
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
a•
•i
DISCLOSURE OF LOCAL OFFICER'S INTEREST
Walter B. Duke, III September 14th 10
---------------- hereby disclose that on--------------------------------------;20 ----
(a)A measure came or will come before my agency which(check one)
--- inured to my special private gain or loss;
___ inured to the special gain or loss of my business associate,___________________________________________________^_—;
X inured to the special gain or loss of my relative, _____Lisa Duke
___ inured to the special gain or loss of--------------------------------------------- _------------------- by
whom I am retained;or
___ inured to the special gain or loss of_________________ -,which
---------------------------------------------------
is the parent organization or subsidiary of a principal which has retained me.
(b)The measure before my agency and the nature of my conflicting interest in the measure is as follows:
My wife facilitated contract negotiations between a seller and a buyer on a property located at 4 N.
Federal Highway in Dania Beach, Florida.Although there is contractually no brokerage relationship with
either party,she will be compensated if the deal ultimately closes. Out of abundance of caution and to
avoid misperception; I abstained from voting because of the possibility that the buyer may procure a
public private partnership with the City and/or CRA in the future.
09/28/2010
--------------------------------------------------- ----- ----------- ---- ---
----------------
Date Filed Sig ure
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED$10,000.
CE FORM 813-EFF. 1/2000 PAGE 2