HomeMy WebLinkAboutNULL (592) MINUTES OF REGULAR MEETING
DANIA BEACH CITY COMMISSION
TUESDAY, OCTOBER 12, 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
Deputy City Clerk: Miriam Nasser
2. Invocation and Pledge of Allegiance
Pastor Mario Cinelli, Lighthouse Community Church, gave the invocation followed by the
Pledge of Allegiance to the United States Flag.
3. Presentations and Special Event Approvals
3.1 Special Event requested by the St. Maurice Catholic Church for a Country Fair to be
held November 11-149 2010, from 12:00 p.m. — 11:00 p.m. at 2851 Stirling Road
Vice-Mayor Castro motioned to approve the Special Event request for St. Maurice
Catholic Church for a Country Fair; seconded by Commissioner Duke. The motion
carried unanimously.
Addendum
3.2 Precious Paws Pet Park and Memorial Gardens Presentation - Kristen Jones, Director
of Parks and Recreation
Kristen Jones, Director of Parks and Recreation, provided a PowerPoint presentation of the
proposed project to be located at P.J. Meli Park, which is attached to and incorporated into these
minutes. She noted that this will be a dog friendly place where people can honor their pets.
Director Jones advised the information will be available on the City Web Site.
4. Proclamations
4.1 National Arts and Humanities Month
Mayor McElyea presented the proclamation to Rosa Maria del Rosario of the Polynesian
Cultural Association, and Deborah Kerr, Broward Cultural Council member.
Ms. Kerr thanked the City for the proclamation and invited everyone to visit their cultural
organization.
4.2 FAU President Mary Jane Saunders Day
Mayor McElyea presented the proclamation to Dr. Carolyn Stewart, representing Florida
Atlantic University.
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Dr. Stewart noted that their Seatech Campus in Dania Beach was recognized as a National Ocean
Energy Research Center. She thanked the City of Dania Beach for its continued support to their
Campus. Dr. Stewart invited the Commission to attend the reception honoring FAU President
Mary Jane Saunders to be held on October 26 at 6:00 p.m., at the Law Offices of Becker and
Poliakoff.
5. Citizen Comments
Victoria Payne, Executive Director, Dania Beach Chamber of Commerce, provided an update of
Chamber events. She reminded everyone that the Chamber of Commerce opposes Amendment 4
a.k.a. Hometown Democracy. Ms. Payne explained the real impacts of Amendment 4 and urged
all citizens to make the right choice and vote "No" at the November Election.
6. Public Safety Reports
Joe Fernandez, Fire Chief, reported that 12 new firefighters were hired and started their
.orientation process. He thanked the Commission for their support with this important item.
Chief Fernandez provided an update on Hurricane Paula and asked everyone to stay informed.
Donn Peterson, BSO Chief of Police, thanked the citizens of Dania Beach for their support. He
noted there has been an increase in the incidents of vandalism, including graffiti, which resulted
in several arrests. Chief Peterson encouraged the residents to contact BSO in the event of any
unusual situation.
7. Consent A e� nda
Items removed from Consent Agenda: #7.5 and#7.6
Minutes of Regular Meeting 2
Dania Beach City Commission
Tuesday,October 12,2010—7:00 p.m.
City Attorney Ansbro advised that Item #7.5 will be continued to the October 26 City
Commission meeting.
7.1 Minutes:
Approve minutes of September 23, 2010 Final Public Hearing - FY 2010-2011 Budget
Approve minutes of September 28, 2010 City Commission Meeting
7.2 Travel Requests: None
Resolutions
7.3 RESOLUTION#2010-172
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, OPPOSING
THE IMPOSITION OF ADDITIONAL CHARGES BY THE BROWARD COUNTY SUPERVISOR OF
ELECTIONS TO MUNICIPALITIES HOLDING NOVEMBER ELECTIONS; PROVIDING FOR CONFLICTS;
FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
7.4 RESOLUTION#2010-173
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING
RESOLUTION NO.2009-054 TO EXTEND THE APPOINTMENT OF MEMBERS,POWERS AND DUTIES OF
THE CHARTER REVIEW BOARD; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
7.5 RESOLUTION#2010-174 (Continued until October 26, 2010)
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
A STIPULATED SETTLEMENT AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND THE STATE
OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS CONCERNING THE COMPREHENSIVE PLAN
AMENDMENT ADOPTED PURSUANT TO ORDINANCE NO. 2008-013; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
7.7 RESOLUTION#2010-176
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, .
AUTHORIZING PAYMENT FOR THE SECOND INSTALLMENT OF THE ANNUAL RENEWAL OF THE
CITY'S COMPREHENSIVE INSURANCE PACKAGE THROUGH PUBLIC RISK INSURANCE AGENCY,
SUCH PACKAGE TO INCLUDE COVERAGE FOR PROPERTY AND CASUALTY, CRIME, EMPLOYEE
DISHONESTY, GENERAL LIABILITY, AUTOMOTIVE LIABILITY AND PHYSICAL DAMAGE, PUBLIC
OFFICIALS'LIABILITY,AND EMPLOYMENT PRACTICES LIABILITY,IN A COMBINED TOTAL NOT TO
EXCEED SEVEN HUNDRED THIRTY TWO THOUSAND, TWO HUNDRED SIX DOLLARS ($732,206.00)
FOR COVERAGE BEGINNING OCTOBER 1, 2010 THROUGH SEPTEMBER 30, 2011; PROVIDING FOR
CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
7.8 RESOLUTION#2010-177
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE CITY MANAGER TO CONTRACT FOR THE PURCHASE OF SUPPLIES, SERVICES,
EQUIPMENT AND MATERIALS FROM MEMORIAL REGIONAL HOSPITAL IN AN AMOUNT NOT TO
Minutes of Regular Meeting 3
Dania Beach City Commission
Tuesday,October 12,2010—7:00 p.m.
EXCEED $28,000.00 FOR FISCAL YEAR 2010-2011, WITHOUT COMPETITIVE BIDDING AND WITHOUT
ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
7.9 RESOLUTION#2010-178
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE CITY MANAGER TO CONTRACT FOR THE PURCHASE OF MEDICAL SUPPLIES
AND PHARMACEUTICALS FROM THE BROWARD SHERIFF'S OFFICE, DEPARTMENT OF FIRE-
RESCUE, IN AN AMOUNT NOT TO EXCEED $33,000.00 FOR FISCAL YEAR 2010-2011, WITHOUT
COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS;
FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
7.10 RESOLUTION#2010-179
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT BETWEEN
THE CITY OF MIAMI FIRE RESCUE,AS THE SPONSORING AGENCY OF THE FLORIDA TASK FORCE 2
OF THE NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM, AND THE CITY OF DANIA
BEACH, AS A PARTICIPATING AGENCY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE.
7.11 RESOLUTION#2010-180
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE CITY MANAGER TO ACCEPT AT NO COST, AS A PARTICIPATING AGENCY OF
STATE EMS COUNTY GRANT FUNDING, AN INTRAOSSEOUS VASCULAR ACCESS DEVICE TO BE
DISTRIBUTED TO THE CITY OF DANIA BEACH THROUGH THE CITY OF SUNRISE, FLORIDA, AS
LEAD AGENCY FOR A STATE EMS GRANT; AUTHORIZING THE EXECUTION OF ANY DOCUMENTS
NECESSARY TO RECEIVE THE DEVICE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE.
7.12 RESOLUTION#2010-181
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, -FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH DUNLAP AND
ASSOCIATES, INC. TO PROVIDE FINANCIAL ADVISORY SERVICES IN SECURING LOAN FINANCING
FOR CITY CAPITAL PROJECTS AND EQUIPMENT; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
Ordinances (Titles read by City Attorney)
7.13 ORDINANCE#2010-022
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, ADOPTING A REMEDIAL
COMPREHENSIVE PLAN AMENDMENT RELATING TO THE TEN-YEAR WATER SUPPLY FACILITIES
WORK PLAN IN ACCORDANCE WITH A STIPULATED SETTLEMENT AGREEMENT WITH THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)
7.14 ORDINANCE#2010-023
Minutes of Regular Meeting 4
Dania Beach City Commission
Tuesday,October 12,2010—7:00 p.m.
AN ORDINANCE AMENDING ARTICLE 810, "IMPACT FEES" OF THE LAND DEVELOPMENT CODE OF
THE CITY OF DANIA BEACH, FLORIDA, BY AMENDING SECTION 810-30, ENTITLED "DEFINITIONS"
TO MODIFY DEFINITIONS OF THE TERMS "FEEPAYER" AND "NEW DEVELOPMENT" TO EXCLUDE
BUILDINGS OWNED BY THE CITY FROM PAYMENT OF IMPACT FEES; PROVIDING FOR CONFLICTS,
PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST
READING)
7.15 ORDINANCE#2010-024
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING
ARTICLE 1 OF CHAPTER 6, "BEACHES, PARKS & RECREATION", SECTION 6-9, "ANIMALS ON THE
BEACHES, BEACH PARKS AND IN PARKS" OF THE CITY CODE OF ORDINANCES; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
(FIRST READING)
Commissioner Grace motioned to adopt the Consent Agenda, with the exception of Items
#7.5 and #7.6; 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
7.6 RESOLUTION#2010-175
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA EXPRESSING
THE SUPPORT OF THE CITY COMMISSION IN CONNECTION WITH THE SUBMISSION OF A
RECOVERY ZONE APPLICATION TO BROWARD COUNTY AND THE STATE OF FLORIDA BY GREEN
HILL PROPERTIES LLC RELATED TO FUNDING OF THE PROPOSED REDEVELOPMENT PROJECT
ASSOCIATED WITH THE LOCATION FORMERLY KNOWN AS THE PIRATES INN; PROVIDING FOR
CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution#2010-175.
Commissioner Duke advised that he will recuse himself from this vote because his wife is
working on this transaction. He noted that this project will provide jobs for our community and
will therefore increase our tax base. Commissioner Duke stated that it is a good decision on
behalf of the City to publicly support Hank Thomas' efforts.
Commissioner Grace motioned to adopt Resolution #2010-175; seconded by Vice-Mayor
Castro. The motion carried on the following 4-0 Roll Call vote:
Commissioner Anton Yes Vice-Mayor Castro Yes
Commissioner Duke Recused Mayor McElyea Yes
Commissioner Grace Yes
8. Bids and Requests for Proposals
There were no proposals on the agenda.
Minutes of Regular Meeting 5
Dania Beach City Commission
Tuesday,October 12,2010—7:00 p.m.
9. Public Hearings and Site Plans
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.
9.1 RESOLUTION#2010-124
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
THE REQUEST SUBMITTED BY SCOTT BAKOS WITH THE FIRM BERMELLO AJAMIL & PARTNERS,
INC., REPRESENTING THE PROPERTY OWNER, DANIA BEACH DEVELOPMENT GROUP/RILEA
GROUP, FOR A SPECIAL EXCEPTION USE TO ALLOW THE CONSTRUCTION OF A HOTEL IN THE
TRANSIT ORIENTED CORRIDOR(TOC-1), AND THE ASSIGNMENT OF 240 HOTEL ROOMS FROM THE
LOCAL ACTIVITY CENTER FOR PROPERTY LOCATED APPROXIMATELY 550 FEET EAST OF SE 5TH
AVENUE ON THE SOUTH SIDE OF EAST DANIA BEACH BOULEVARD, IN THE CITY OF DANIA
BEACH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
9.2 RESOLUTION#2010-125
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
THE VARIANCE REQUEST SUBMITTED BY SCOTT BAKOS WITH THE FIRM BERMELLO AJAMIL &
PARTNERS, INC., REPRESENTING THE PROPERTY OWNER, DANIA BEACH DEVELOPMENT
GROUP/RILEA GROUP FROM CHAPTER 28, "ZONING" AND CHAPTER 26, "VEGETATION', FOR
PROPERTY LOCATED APPROXIMATELY 550 FEET EAST OF SE 5TH AVENUE ON THE SOUTH SIDE OF
EAST DANIA BEACH BOULEVARD, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS;
FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
9.3 RESOLUTION#2010-126
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
THE SITE PLAN REQUEST SUBMITTED BY SCOTT BAKOS WITH THE FIRM BERMELLO AJAMIL &
PARTNERS, INC., REPRESENTING THE PROPERTY OWNER, DANIA BEACH DEVELOPMENT
GROUP/RILEA GROUP, FOR PROPERTY LOCATED APPROXIMATELY 550 FEET EAST OF SE 5TH
AVENUE ON THE SOUTH SIDE OF EAST DANIA BEACH BOULEVARD, IN THE CITY OF DANIA
BEACH,FLORIDA;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution #2010-124, Resolution #2010-125, and
Resolution#2010-126 because they all relate to the same property.
Corinne Lajoie, AICP, Principal Planner, provided an overview of the project. She advised that
the applicant is requesting -a special exception, variances and site plan approval for the
construction of a 12-story hotel and associated parking garage. Ms. Lajoie noted that the
property is located within the CRA and has the support of the CRA Director. She indicated that
the applicant has provided a pre-application letter from the Florida Department of Transportation
(FDOT) approving the two curb cuts on Dania Beach Boulevard. In addition, the applicant has a
Federal Aviation Administration (FAA) determination that the structure would not be a hazard to
air navigation, with certain conditions. The Planning and Zoning Board recommended approval
of the special exception, variances and site plan with staff s recommendations. Ms. Lajoie
Minutes of Regular Meeting 6
Dania Beach City Commission
Tuesday,October 12,2010—7:00 p.m.
clarified that staff is recommending approval of the special exception for a period of one year,
and demolition and removal of all existing structures within 120 days of approval. Staff is also
recommending approval of the variances and site plan for one year, provided the assignment of
hotel rooms and variances are granted.
Scott Bakos, representing Bermello, Ajamil and Partners, provided an overview of the project.
He noted that access to the site for emergency situations related to fire-rescue and police vehicles
has been incorporated into the proposed design. Mr. Bakos indicated that there is no drop-off in
the front because their goal is to have a pedestrian friendly entrance to the building. The parking
above ground is only three levels with the ramp on the back. Lastly, he said that the recreation
deck, including the pool, is located on the fifth floor with a spectacular view.
Mayor McElyea opened the Public Hearing.
Christopher Ryan, 700 E. Dania Beach Boulevard, property owner to the east, requested a
masonry wall constructed along the boundary to decrease the impact of the service vehicles using
the Fire Lane. He also asked the owner of the subject property to increase the landscaping on
their side. Mr. Ryan would like the developer or his representative to consider their requests to
reduce the impact of the building.
Stephanie Toothaker, Ruden McClosky, representing Rilea Group, noted that they have just met
with Mr. Ryan, and her client has committed to work with him to install the landscape buffer.
She further noted that as regards the masonry wall, they are willing to discuss this matter and try
to find a solution considering the limited space between the two properties.
Seeing as there was no one else to speak in favor or opposition, Mayor McElyea closed the
Public Hearing.
Commissioner Duke asked the petitioner if he had already requested financing for this project
and if he is planning to build at this time.
Alan Oj eda, 1415 Brickell Avenue, noted he cannot request financing until they obtain
entitlement of the property.
Commissioner Duke asked Hank Thomas in the audience, if he had any issues regarding this
project.
Mr. Thomas noted he has no objections.
Vice-Mayor Castro motioned to adopt Resolution #2010-124; 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
Minutes of Regular Meeting 7
Dania Beach City Commission
Tuesday,October 12,2010—7:00 p.m.
Vice-Mayor Castro motioned to adopt Resolution #2010-125; 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
Vice-Mayor Castro motioned to adopt Resolution #2010-126; 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
10. Discussion and Possible Action
There were no discussion items on the agenda.
11. Commission Comments
11.1 Commissioner Anton
Commissioner Anton noted that on Thursday, October 14, there will be a Melaleuca Gardens
Association meeting at 7:00 p.m. in the Commission Chamber. He advised they will discuss
recent Airport information which they have received.
11.2 Commissioner Duke
Commissioner Duke noted some of the local activities he attended.
Commissioner Duke thanked the board members who attended the Advisory Board Seminar last
month,which was very informative.
Commissioner Duke thanked the Florida Inland Navigation District (FIND) for supporting our
City in so many different ways.
Commissioner Duke noted we are still in litigation with the Beach Watch Restaurant owners.
Commissioner Duke referred to the recent comments regarding the possible sale of a portion of
the land of P.J. Meli Park by the School Board of Broward County. He noted that City Manager
Baldwin is handling this matter and the situation is under control.
Minutes of Regular Meeting 8
Dania Beach City Commission
Tuesday,October 12,2010—7:00 p.m.
Commissioner Duke spoke about the flooding issues in the southeast area. He indicated that we
have a short term solution and we plan to move forward with the work at the Sheridan Square
shopping center as soon as possible.
Commissioner Duke thanked the Public Services staff for beautifying in our Centennial Park on 4th
Avenue.
11.3 Commissioner Grace
Commissioner Grace reported on the community activities that she attended.
Commissioner Grace thanked Kristen Jones, Director of Parks and Recreation, for the upgrades
made to Griffin Park.
Commissioner Grace noted that the City of Dania Beach will be receiving reimbursement from
the Florida League of Cities for the 2009-2010 membership fees.
11.4 Vice-Mayor Castro
Vice-Mayor Castro reminded everyone that October is Breast Cancer Awareness Month and we
should all contribute to such a good cause.
Vice-Mayor Castro thanked Kristen Jones, Director of Parks and
Recreation, for addressing a citizen's concern regarding the cleanliness of the Pier.
Vice-Mayor Castro thanked John Mullikin of the South Florida Water Management District
(SFWMD) for his support in having the water issue resolved. She also thanked Bob Daniels,
Community Development Director and Dominic Orlando, Public Services Director, and
everyone involved in addressing Mr. Mullikin's concerns.
Vice-Mayor Castro spoke about some bond issues regarding the Indigo hotel project. She
recognized Norman Taylor and Bill Kyriakakis of Broward County for moving the item through
the process. Vice-Mayor Castro also thanked Jay Robinson, of Enterprise Florida in Orlando as
well as Mr. Lobster.
Vice-Mayor Castro asked for a timeline for the completion of the Library.
Vice-Mayor Castro would like an update on the foreclosure of the Dania Beach Hotel.
Vice-Mayor Castro spoke about the ship commissioning ceremony of the USS Jason Dunham,
which is scheduled to arrive at Port Everglades on November 5 and commissioned on November
13. She thanked Southern Wine and Spirits, her daytime job, for donating wines and spirits for
two of the receptions related to this celebration. Vice-Mayor Castro explained that Cpl. Jason
Dunham threw his body on a hand grenade while in Iraq, to save the lives of two of his buddies.
She noted this is a well deserved honor for his family and friends. Vice-Mayor Castro indicated
Minutes of Regular Meeting 9
Dania Beach City Commission
Tuesday,October 12,2010—7:00 p.m.
there are going to be several activities for the family prior to the commissioning ceremony and
encouraged everyone to support the cause.
Rose Lizana, Dania Beach Press, noted the deadline to buy the tickets for the commissioning
ceremony is October 15, 2010.
11.5 Mayor McElyea
Mayor McElyea noted the Halloween Bash will take place on Saturday, October 30, at I.T.
Parker Community Center.
12. Appointments
Mayor McElyea appointed Chickie Brandimarte to the Dania Beach Housing Authority.
Vice-Mayor Castro motioned to approve the appointment; seconded by Commissioner
Anton. The motion carried unanimously.
13. Administrative Reports
13.1 City Manager
City Manager Baldwin noted that he plans to bring the Oasis Program to the next Commission
meeting.
City Manager Baldwin reported that we are progressing with the Fire Rescue merging analysis
with the Broward Sheriff's Office. He noted he plans to bring the results to the Commission
prior to the end of the calendar year.
City Manager Baldwin spoke about the request from Broward County to help them by providing
a ladder and rescue unit for the Airport/Seaport. He indicated that Fire Chief Fernandez is
working on a proposal on this matter.
City Manager Baldwin noted we are working on the legislative packet for the upcoming
legislative session.
City Manager Baldwin referred to the recent beach erosion problems. He noted that we are in
the process of trying to get the seagrapes out which requires a permitting process. City Manager
Baldwin further indicated that, at Commissioner Duke's suggestion, Assistant City Manager
Donnelly is seeking grant funding opportunities to prepare a master plan for the beach.
Colin Donnelly, Assistant City Manager, distributed a memorandum regarding the beach erosion
which is attached to and incorporated into these minutes. He advised that Steve Higgins,
Broward County Beach Erosion Administrator, said that there is no proposed nourishment
Minutes of Regular Meeting 10
Dania Beach City Commission
Tuesday,October 12,2010—7:00 p.m.
program for Segment Three (the coastline south of Port Everglades to the Dade Countyline) in
the foreseeable future. Assistant City Manager Donnelly indicated that Hallandale Beach
piggybacked off the City of Hollywood engineering contract for a beach re-nourishment project.
He noted that these cities are looking for state and county grants to fund this project.
Commissioner Duke noted that we have several things going on at the beach. We are in
litigation with the tenants at the Dania Beach Pier Restaurant; we are also at the beginning of re-
construction of the Marina; we have a lease with the Dania Beach Grille; we are in the process to
take out the sea ra es and lately we had some severe beach erosion. He thought we need to use
g p Y g
grant funding to create a master plan for the beach and work collectively. Commissioner Duke
pointed out that the permit process for the removal of the seagrapes is a very difficult one.
City Manager Baldwin noted that BSO and the Fire Department conducted a CPTED study to
improve public safety. He also advised that Michael McCoy, our Landscape consultant, thinks
we have a good chance to obtain funding.
Vice-Mayor Castro noted that the Port By-Pass project is what creates a lot of the erosion on the
beaches south of the Port, and remarked that somehow we need to get more involved in that
process. She said that the County and Port Everglades are not too excited about the By-Pass
project. Vice-Mayor Castro advised that Assistant City Manager Donnelly's memorandum
indicated that the cost to the City would be close to $2M. She remarked that there may be some
opportunities to obtain funding from Tallahassee. Vice-Mayor Castro stated that if the cities get
together we will be more successful.
Assistant City Manager Donnelly noted that Mr. Higgins told him they are expecting a decision
on the By-Pass project in about two weeks. He pointed out that the By-Pass program would not
solve the problem but it would lessen the need for nourishment projects.
Mayor McElyea noted that some cities are bringing sand from the Bahamas.
13.2 City Attorney
City Attorney Ansbro had no comments.
13.3 City Clerk- Reminders
Tuesday, October 26, 2010 - 7:00 p.m. City Commission Meeting
Wednesday,November 3, 2010 - 6:00 p.m. CRA Board Meeting
Tuesday,November 9, 2010 - 7:00 p.m. City Commission Meeting
Thursday,November 18, 2010 - 6:00 p.m. Abatement Hearing
Tuesday,November 23, 2010 - 7:00 p.m. City Commission Meeting
Minutes of Regular Meeting 11
Dania Beach City Commission
Tuesday,October 12,2010—7:00 p.m.
14. Adjournment
Mayor McEI ea adjourned the meeting at 8:28 p.m.
ATTEST, CITY OF DANIA BEACH
LOUISE STILSON, CMC � C. K. McVLYEff
CITY CLERK = MAYOR-COMMISSIONER
Approved: October 26, 2010 - -
Minutes of Regular Meeting 12
Dania Beach City Commission
Tuesday,October 12,2010—7:00 p.m.
FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE
Duke,III Walter B. Dania Beach City Commission
MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON
2860 Marina Mile,Suite 109 WHICH I SERVE IS A UNIT OF:
CITY COUNTY ❑✓CITY []COUNTY []OTHER LOCAL AGENCY
Dania Beach,Broward NAME OF POLITICAL SUBDIVISION:
Dania Beach
DATE ON WHICH VOTE OCCURRED MY POSITION IS:
October 12th 2010 [ ELECTIVE APPOINTIVE
WHO MUST FILE FORM 813
This form is for use by any person serving at the county,city,or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal(other than a government agency)by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained);to the special private gain or loss of a relative;or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband,wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law.A"business associate"means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner,joint venturer, coowner of property,or corporate shareholder(where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above,you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting;and .
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting,who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision,whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting,who will incorporate the form in the minutes. (Continued on other side)
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the
agency,and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, Walter B. Duke, III ,hereby disclose that on October 12th 2010
(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,
inured to the special gain or loss of my relative, Lisa Duke,Wife
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:
Out of an abundance of caution and to promote transparency, I abstained from voting on this
item because of the possibility that the buyer may procure a future public/private partnership with
the City and/or CRA relative to the property located at 4 N. Federal Highway and surrounding
buildings in which my wife is currently facilitating contract negotiations between the seller, lender
and buyer and compensation will be made if the transaction ultimately closes.
-F ]CJUVED
OCT 26 2010
.�
BY.
Cdi/ of
Date Filed Signa re
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
REQUEST TO ADDRESS
CITY COMMISSION AT REGULAR
KK 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: Q I I`Z --- ,20��
PRINT NAME: V6� .�
lv
ADDRESS: U� .�
PHONE NO. (optional):
PLEASE CHE 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:
>AI�A
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
Ok
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 COMMIS N MEETING: L'S I I , 20
PRINT NAME:
ADDRESS: 66
PHONE NO. (optional): -Z�-q 7-
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) X 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.
GAAgenda\PUBLIC SPEAKING FORM.doc
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116
llwl�
To: Robert Baldwin, City Manager
From. Colin Donnelly, Assistant City Manager
Date: October 12, 2010
F
Q
i
Subject. Beach Erosion
Last week the beach was severely eroded from a storm, as was shown in photographs
previously submitted. I forwarded those photographs to Mr. Steve Higgins, Broward
County's Beach Erosion Administrator to make him aware of the City's beach erosion
and to inquire if Broward County has any planned regional nourishment initiatives that
would benefit the City's coastline. Mr. Higgins informed me that Broward County is
not planning for any nourishment projects for Segment Three (the coastline south of
Port Everglades to the Dade County line).
There are four beach front communities engaged in their own beach nourishment
programs. Lauderdale By-the-Sea, Fort Lauderdale, Hollywood and Hallandale Beach.
I spoke with the city engineer of Hallandale Beach, Rich Labinsky about their project.
Hallandale Beach is applying for a permit that will allow them to nourish their beach,
with the use of trucked in sand. The permit would then allow the city to address "hot
spots" over the next ten years. The project is designed for just sand replacement (75,000
cubic yards of sand) and contains no structures. This should replace approximately 20-
50 feet of lost beach front.
Hallandale started the project in August 2009. Permit approval is expected in early
summer 2011, and construction would then start at the end of turtle season in
November 2011. Construction is estimated to take 90 days. Hallandale Beach
piggybacked off the City of Hollywood engineering contract that was procured through
a competitive RFP. Hallandale Beach anticipates a joint construction contract with the
City of Hollywood.
The cost for engineering and permitting is $300,000 and an additional $100,000 for
project management. The construction cost is estimated at $3.5 million and then an
additional$2.5 million over the next ten years to address"hot spots".
The city can pursue a project like Hallandale Beach. It would not cost as much due to
the smaller size of Dania's coastline, the easy beach access, and it being relatively free of
buildings. Hallandale Beach has .8 miles (4,319 feet) of coastline and Dania Beach has
Page 1
r
.45 miles (2,381 feet) of coastline. An estimated cost for a nourishment project similar to
Hallandale Beach is$2 million or fifty-five percent of Hallandale Beach's project cost.
Funding is an issue. In 2005, the City contributed $107,000 towards a regional project.
Cost sharing was as follows: 56.16% Federal; 45.4 Non-federal State; Broward County
75% of the local share; and 25% of the local share split between Dania Beach (1.57%),
Hollywood (19.8) and Hallandale Beach (3.63). Without Broward County funding or
regional initiative, the City would have to seek funding assistance from the State of
Florida or the Federal Government.
The State of Florida can pay up to 75% of actual cost for restoring and nourishing
critically eroding beaches. Funding requests ranked under Florida's Beach Erosion
Control Program and funded through Ecosystem Management and Restoration Trust
Fund. The trust fund is funded through document stamps. Mr. Higgins said the State
of Florida typically funds larger projects and funding requests are always greater than
available funding.
Beach Nourishment: A Guide for Local Government Officials states, "Federal cost
participation for beach nourishment may be available for beaches where there is
significant public access." The process starts with a request to the United States Army
Corp of Engineers to conduct a Reconnaissance Study to determine feasibility. The
literature also states that USACE can construction small beach nourishment projects
much more quickly. A positive report does not guarantee funding and the process
appears to take much longer than the course chosen by Hallandale Beach.
Dania's coastline would benefit from Broward County's Port By-Pass Project if it is
constructed. This project would lesson the need for nourishment projects, but will not
eliminate nourishment altogether. Funding for the projects' engineering firm will be on
the County's October 26, 2010 agenda.
In. September 2010, Broward Completed the Broward County, FL Shore Protection
Project Shore-Stabilization Structure Feasibility Study. The study evaluated the net
benefits and impacts of construction shore structures to potentially reduce the need for
periodic beach. nourishment. The report concluded that structures transfer erosional
stress from one location to another. Nourishment would be required to address
permanent erosion from a structure. Hallandale Beach decided against inclusion of a
.structure because the cost of construction and the subsequent cost of nourishing the
effected southern beaches would be just as cost effective as periodic nourishment.
Page 2
In conclusion, to address beach erosion is an endless episodic endeavor. To start, the
City should consult with an engineering firm that specializes in coastal issues, who may
know the practical application of state and federal cost sharing programs.
i
Page 3