HomeMy WebLinkAbout2/22/11 Regular City Commission Meeting MINUTES OF REGULAR MEETING
DANIA BEACH CITY COMMISSION
TUESDAY, FEBRUARY 22, 2011 — 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 Alleiziance
Commissioner Grace gave the invocation followed by the Pledge of Allegiance to the United
States Flag.
i
Item #3 was heard after Item #6
3. Presentations and Special Event Approvals
3.1 Airport Comments -Request for a Letter- presented by Vic Lohmann
Victor Lohmann, 1404 Nautilus Isle, noted that in reviewing the documents relating to the
proposed mitigation program from the Broward County Aviation Department (BCAD), he has
seen lots of objections from them; however, he has not seen any specific arguments from the
City supporting the residents. He asked for the City to be more precise and ask for sound
reasons. Mr. Lohmann read his proposed letter which was included in the agenda packet. He
stated the BCAD proposed program is designed to exclude people from participation. Mr.
Lohmann said he wants our City to be on the record prior to the County's meeting. He asked the
Commission to authorize forwarding the letter that staff prepared and incorporate any changes
that are appropriate. Lastly, Mr. Lohmann asked for help from the City Attorney's office to
answer a question relating to the applicability of the Interlocal Agreement in law enforced at the
time because he has not heard back from anyone on this matter.
Vice-Mayor Castro noted the noise mitigation issue will be discussed at the March 29 County
Commission meeting; however, this could be subject to change.
3.2 Request from Harry P. Stampler for an auctioneer's license, for property located at
1914 Tigertail Boulevard #11
Nick Lupo, Chief Code Enforcement Officer and Licensing Official, noted that the request is for
an auctioneer's license as well as the administrative offices and warehouse storage for an
auctioneer. He advised that there is a one-time request for a court ordered auction scheduled for
tomorrow therefore the approval should include the auction as well. Mr. Lupo confirmed there
are no other issues in this case. He pointed out that if there is an auction in the future Mr.
Stampler understands that he would have to come before the Commission with a special event
request.
Vice-Mayor Castro motioned to approve the Auctioneer's License for Harry P. Stampler;
seconded by Commissioner Grace. The motion carried unanimously.
City Manager Baldwin noted that the following special event requests do not have the Fire
Marshal's review. He advised the Commission could either approve the requests subject to the
Fire Prevention approval or ask BSO Fire Chief Raiken to address these items now. City
Manager Baldwin clarified there were no other issues on these matters.
3.3 Special Event request from the Marine Industries Association of South Florida for the
341h Annual Waterway Cleanup to be held Saturday, March 5, 2011, from 9:00 a.m. -
1:00 p.m. at the Dania Beach Pier, Harbour Towne Marina, and Derecktor Shipyard
of Florida
3.4 Special Event request from British Oak Entertainment for a St. Patrick's Day
Celebration to be held Thursday, March 17, 2011, at The Field Irish Pub, located at
3281 Griffin Road, from 12:00 p.m. - 12:00 a.m.
3.5 Special Event request from St. Ruth Missionary Baptist Church for a Take the City
for Christ Tent Crusade to be located on the corner of NW 3rd Street and 9th Avenue,
on Wednesday, March 16, 2011 to Friday, March 18, 2011 from 7:00 p.m. - 10:00
p.m.
3.6 Special Event request from the Chamber of Commerce for an Addendum to the
previously approved Concert on the Green for the final event to be held on Saturday,
April 2, 2011 on top of the City Parking Garage from 3:00 p.m. - 6:00 p.m.
3.7 Special Event request from Olsen Middle School for the 1st Annual Beach Run for
Education, to be held on Dania Beach on Saturday, April 30, 2011 from 8:00 a.m. -
9:30 a. m.
Vice-Mayor Castro motioned to approve the Special Event requests for items #3.3 through
#3.7, subject to the Fire Marshal's review and approval; seconded by Commissioner Grace.
The motion carried unanimously.
Minutes of Regular Meeting 2
Dania Beach City Commission
Tuesday,February 22,2011 —7:00 p.m.
Melanie Daily, Public Relations and Event Coordinator, Marine Industries Association of South
Florida, noted they organize this event every year. She clarified that the application should be
accompanied by a non-refundable fee of$150.00.
Commissioner Duke amended Vice-Mayor Castro's motion, to waive the $150.00
application fee for Item #3.3; seconded by Commissioner Grace. The motion carried
unanimously.
4. Proclamations
4.1 Black History Month
Vice-Mayor Castro presented the proclamation to Carolyn Jones.
Commissioner Anton noted that his term will come to an end soon and rather than interfering
with the agenda at the March 9 regular meeting, he would like to read some comments into the
record. Commissioner Anton's comments are attached to and incorporated into these minutes.
Mayor McElyea thanked Commissioner Anton for his hard work. He noted he hopes
Commissioner Anton would stay here to keep helping us.
5. Citizen Comments
Kurt Ely, 245 SW I't Avenue, Chairman of the Parks and Recreation Advisory Board, presented
the following requests for fee waivers at the recommendation of the Board:
• Fee Waiver for the Academic Banquet for Collins Elementary to be held on May 20,
2011.
motioned to approve the fee waiver for the Academic
Commissioner Duke o pp Banquet for
Collins Elementary; seconded by Vice-Mayor Castro. The motion carried unanimously.
• Fee reduction of$1,200.00 for the Southern Handcraft Society to be held September 28-
October 1, 2011.
Commissioner Duke motioned to approve the fee reduction of $1,200.00 for the Southern
Handcraft Society; seconded by Vice-Mayor Castro. The motion carried unanimously.
• Fee Waiver for the Westrec/Harbour Towne "Helping Hands of Harbour Towne, Inc.
Captain's Party and Silent Auction and Raffle, to be held on Wednesday, March 16,
2011, at 6:30 p.m. at I.T. Parker Community Center.
Michelle Van Lenten, Tournament Coordinator and Vice-President of Helping Hands of Harbour
Towne, Inc., advised they started their non-profit organization in 2000 and obtained their tax-
Minutes of Regular Meeting 3
Dania Beach City Commission
Tuesday,February 22,2011 —7:00 p.m.
exempt status. She further explained that each year they choose a local South Florida child with
acute medical conditions to receive the proceeds of the event. Ms. Van Lenten thanked the City
for its continued support and noted that the City logo, as approved by the Parks and Recreation
Department, will appear in the tournament poster. Lastly, she requested approval of the fee
waiver.
Vice-Mayor Castro motioned to approve the fee waiver for the Westrec/Harbour Towne
"Helping Hands of Harbour Towne, Inc. Captain's Party and Silent Auction and Raffle;
seconded by Commissioner Duke. The motion carried unanimously.
• Fee Waiver for the use of P.J. Meli baseball field by the Red Birds for this year's baseball
season
Commissioner Grace motioned to approve the fee waiver for the Red Birds to use the P.J.
Meli baseball field; seconded by Commissioner Duke. The motion carried unanimously.
Kurt Ely, 245 SW I"Avenue, shared some of his experiences of flying with Mayor McElyea.
Rae Sandler, 810 NW 7th Avenue, Melaleuca Gardens, noted that Kent George, Director of the
Broward County Aviation Department said that if we do another Part 150 the noise contours
would shrink. She stated this is not true and added that the south runway is being built with no
restrictions. Ms. Sandler asked the City to proceed with another Part 150 study.
Linda Sacco, 4481 SW 38 Terrace, Davis Isles, noted she lives west of Interstate 95 and added
that they will continue fighting the Airport issue until they are made whole. She spoke about the
CRA Request for Letters of Interest for an appraisal to determine the value of approximately
2,000 homes.
Commissioner Anton noted the sole purpose of the Request for Letters of Interest is to have an
idea of the impact the Airport has had on the value of affected homes.
Ms. Sacco referred to an article written b Walter Duke relating to Commercial Real Estate. She
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noted the Dania Beach logo appears together with Mr. Dukes company logo. Ms. Sacco said
there could be a conflict of interest. She stated she believes in business but one has to be fair to
the residents. Ms. Sacco further indicated that the article talks about leadership; annexation
boundaries; deep waterways; commercial property real estate; marine industry; ocean waterways
and zoning changes from residential to commercial. Ms. Sacco pointed out that residents need to
know what is coming and what steps are being taken in their area.
Vice-Mayor Castro asked Ms. Sacco for the page where the City logo appeared because she
thought it was unacceptable.
Commissioner Duke noted the article referred to by Ms. Sacco was an appraisal presentation that
he regularly gives to clients. He said he understands this is the last meeting before the election
and everyone is very emotional.
Minutes of Regular Meeting 4
Dania Beach City Commission
Tuesday,February 22,2011 —7:00 p.m.
John P. Vazquez, Commander, American Legion Post 304, noted they always try to
acknowledge the services of their active duty personnel serving here and abroad. He spoke about
a program starting April 25, 2011, called "Fleet Week". Commander Vazquez requested the
City provide a comfortable bus and a driver to transport the veterans to and from the American
Legion site for a recognition party.
Vice-Mayor Castro suggested Commander Vazquez discuss the matter with City Manager
Baldwin and Parks and Recreation Director Jones in order to make the necessary arrangements.
She encouraged them to work with some local vendors and request their support. Vice-Mayor
Castro also recommended contacting Mary Ann Grey, Executive Director of"Fleet Week" who
may be able to provide a speaker.
It was the consensus of the Commission to provide a bus and a driver for the American Legion
Post 304 recognition parry.
Rae Sandler, 810 NW 7th Avenue, Melaleuca Gardens, spoke about a June 5, 2007 meeting held
at the Broward County Convention Center. She noted that Howard Greenberg, President and
CEO of the South Florida Sun Sentinel, was present at this meeting together with others who
spoke in favor of the Airport expansion. Ms. Sandler clarified that was the night that Attorney
Brenda Chalifour was arrested for speaking on behalf of pro-bono clients. She mentioned some
County Commissioners at the time also spoke in support of the Airport expansion. Ms. Sandler
pointed out that Bobbie Grace, Walter Duke and Patrick Phipps were not at that meeting and
remarked that they think they will represent us in the mitigation program. She indicated that at
the last Broward County Commission meeting on the mitigation program Bobbie Grace and
Walter Duke were there but they did not speak on behalf of the residents who will be impacted
by the Airport expansion. Ms. Sandler stated that the citizens of Dania Beach want a strong
leader to represent them on the Airport issue, someone who is not looking to buy into a special
interest.
Item #6 was heard after the Invocation and Pledge of Allegiance
6. Public Safety Reports
Neil De Jesus, Fire Chief, BSO Fire Rescue, advised that their liaison officer was hospitalized
and therefore not able to attend the last Commission meeting. He introduced Chief Charles
Raiken, Deputy Fire Chief for Administration who has served as the Fire Marshal for Broward
County for 20 years. Chief De Jesus noted that Chief Raiken has been appointed to be the
liaison during the transition period while Battalion Chief Sean Brown will continue to be the
Dania Beach area Fire Marshal. He stated that the transition is going extremely well and the
Dania Beach firefighters have become part of their family very quickly. Chief De Jesus was
available to answer any questions.
Donn Peterson, BSO Chief of Police, noted there was a press conference regarding their recent
operation. He was available to answer any questions.
Minutes of Regular Meeting 5
Dania Beach City Commission
Tuesday,February 22,2011 —7:00 p.m.
Mayor McElyea temporarily adjourned the City Commission meeting at 8:32 p.m., in order to
conduct a Special CRA Board meeting.
Mayor McElyea reconvened the City Commission meeting at 8:43 p.m.
7. Consent A eg nda
Item added to Consent Agenda: #7.8
Item removed from Consent Agenda: #7.3
7.1 Minutes:
Approve minutes of February 8, 2011 City Commission meeting
7.2 Travel Requests: None
Resolutions
7.3 RESOLUTION #2011-018
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT FOR CONSULTING
SERVICES WITH THE MELLGREN PLANNING GROUP, INC. TO PROVIDE PLANNING CONSULTANT
SERVICES ASSOCIATED WITH THE IMPLEMENTATION OF THE DANIA BEACH WESTSIDE MASTER
PLAN (GRIFFIN ROAD LAND USE PLAN AMENDMENTS) FOR AN AMOUNT NOT TO EXCEED
$33,500.00;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution#2011-018.
Commissioner Duke spoke about the plans attached to the agenda backup which would address
increasing residential density. He asked if there was any input from the residents in the area.
Bob Daniels, Director of Community Development, noted there has been no input from
residents. He further advised that this is likely to change in the next few months.
Commissioner Duke questioned what was included in the $33,500.00.
Michelle Mellgren, The Mellgren Planning Group, provided details of the costs involved. She
noted they will need to look at the "before and after conditions" in order to prepare the statistical
data analysis. Ms. Mellgren pointed out that they never come back with change orders.
Commissioner Duke noted it seems like a lot of money to him; however, in the future we can get
a fresh set of eyes.
Commissioner Duke motioned to adopt Resolution #2011-018; seconded by Vice-Mayor
Castro. The motion carried on the following 5-0 Roll Call vote:
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday,February 22,2011 —7:00 p.m.
Commissioner Anton Yes Vice-Mayor Castro Yes
Commissioner Duke Yes Mayor McElyea Yes
Commissioner Grace Yes
7.4 RESOLUTION #2011-020
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING AN AMENDMENT TO WORK ORDER NO. 16 IN AN AMOUNT NOT TO EXCEED
$38,123.00 FOR ENGINEERING SERVICES TO BE PROVIDED BY THE FIRM OF CAMP DRESSER AND
MCKEE (CDM) FOR THE PUBLIC SERVICES ADMINISTRATION BUILDING PROJECT; AUTHORIZING
THE PROPER CITY OFFICIALS TO EXECUTE THE WORK ORDER; PROVIDING FOR CONFLICTS;
FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
7.5 RESOLUTION #2011-021
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING CHANGE ORDER NO. 2 IN AN AMOUNT NOT TO EXCEED NINETEEN THOUSAND SIX
HUNDRED THIRTY THREE DOLLARS ($19,633.00) IN CONNECTION WITH THE DESIGN/BUILD
AGREEMENT FOR THE DANIA BEACH OASIS PROJECT; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
Ordinances (Titles read by City Attorney)
7.6 ORDINANCE#2011-008
AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORIDA,AMENDING THE CODE OF ORDINANCES
RELATING TO THE POLICE AND FIREFIGHTERS' RETIREMENT SYSTEM TO PROVIDE FOR
COMPLIANCE WITH THE INTERNAL REVENUE CODE; PROVIDING FOR SEVERABILITY; PROVIDING
FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)
7.7 ORDINANCE #2011-009
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING PROVISIONS OF CHAPTER
18, "PENSIONS AND RETIREMENT" OF THE CITY CODE OF ORDINANCES TO PROVIDE FOR
COMPLIANCE WITH THE UNITED STATES INTERNAL REVENUE CODE AS IT AFFECTS PROVISIONS
APPLICABLE TO THE GENERAL EMPLOYEES' RETIREMENT SYSTEM; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
(FIRST READING)
Addendum
7.8 RESOLUTION #2011-022
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY
OFFICIALS TO EXECUTE A SEVENTH AMENDMENT TO THE INTERLOCAL AGREEMENT (ILA)
EXISTING BETWEEN 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; AUTHORIZING THE EXECUTION
OF A LOAN AGREEMENT AND PROMISSORY NOTE PURSUANT TO THE SEVENTH AMENDMENT TO
THE ILA;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
Minutes of Regular Meeting 7
Dania Beach City Commission
Tuesday,February 22,2011—7:00 p.m.
Vice-Mayor Castro motioned to adopt the Consent Agenda,with the exception of Item #7.3
and the addition of Item #7.8; 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
8. Bids and Requests for Proposals
There were no proposals on this agenda.
9. Public Hearings and Site Plans
9.1 ORDINANCE #2011-005
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING
THAT A PORTION OF SW 23rd TERRACE BE CO-DESIGNATED AS BARKER LANE, SUCH PORTION
BEING LOCATED SOUTH OF SW 45th STREET IN THE CITY OF DANIA BEACH; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
(SECOND READING)
City Attorney Ansbro read the title of Ordinance#2011-005.
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 #2011-005, on second reading; seconded
by Commissioner Grace. The motion carried on the following 5-0 Roll Call vote:
Commissioner Anton Yes Vice-Mayor Castro Yes
Commissioner Duke Yes Mayor McElyea Yes
Commissioner Grace Yes
Item #9.2 was heard after Citizen Comments
9.2 ORDINANCE #2011-006
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING
THE REQUEST MADE BY EARNEST JONES, REPRESENTING ST. RUTH'S MISSIONARY BAPTIST
CHURCH TO REZONE PROPERTY GENERALLY LOCATED AT APPROXIMATELY NW 3'm TERRACE
BETWEEN NW 12T'-' AVENUE AND NW 9TH AVENUE,NORTH OF COLLINS ELEMENTARY SCHOOL IN
THE CITY OF DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF
WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION
OF THE PROPERTY FROM NEIGHBORHOOD RESIDENTIAL (NBHD-RES*) TO COMMERCIAL
NEIGHBORHOOD OFFICE AND BANKING DISTRICT (C-1), SUBJECT TO CERTAIN RESTRICTIONS;
Minutes of Regular Meeting 8
Dania Beach City Commission
Tuesday,February 22,2011 —7:00 p.m.
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE. (SECOND READING)
City Attorney Ansbro read the title of Ordinance#2011-006.
Corinne Lajoie, AICP, Principal City Planner, provided an overview of the rezoning request,
from Residential to Commercial, allowing St. Ruth's Missionary Baptist Church to construct a
new building. She advised that this matter will require a site plan review and approval which
will be done at a separate public hearing. The Planning and Zoning Board recommended
approval of the request. Ms. Lajoie further noted that staff is recommending the Commercial C-
1 zoning designation because it is the least intense of the commercial zoning districts and would
therefore have the least impact on the neighborhood.
Commissioner Grace asked for the name of the Northwest Byrd Pointe Civic Association to be
corrected into the record.
Mayor McElyea opened the Public Hearing.
Marilyn Foster, noted she lives behind Collins Elementary and has now realized there is going to
be a lot of traffic. She remarked she has nothing against the church; however she is concerned
with the senior citizens and children in that area. Ms. Foster questioned if traffic could be re-
routed to avoid using NW 12th Avenue.
Veronica Jackson, 235 NW 12th Avenue, on behalf of Northwest Byrd Pointe Civic Association,
pointed out this is not an attack on St. Ruth's Missionary Baptist Church. She would like the
City to consider other traffic options because there are young children playing in the area.
Daphne Henry, 1201 NW 2nd Street, expressed her concerns with the increased traffic in the area.
Vice-Mayor Castro clarified that tonight we are addressing a land use change, not a site plan
approval.
Veronica Larkins, 211 NW 12th Avenue, noted that she wants to express her concerns in case she
cannot make it to the site plan public hearing.
Earnest Jones, representing St. Ruth's Missionary Baptist Church, noted they are here for the
rezoning request. He advised that when they move to the next step they will look at all the
requirements. Mr. Jones indicated that once the site plan is put together they will take it back to
the church and the community in order to keep everyone involved in the process.
Reverend Spencer, 106 NW 11th Avenue, noted he would love to walk to church. He said that
God brought him back to Dania Beach.
Seeing as there was no one else to speak in favor or opposition, Mayor McElyea closed the
Public Hearing.
Minutes of Regular Meeting 9
Dania Beach City Commission
Tuesday,February 22,2011 —7:00 p.m.
Commissioner Grace noted that approving this request is a positive action for the City because
no one is against the church. She commented this is a very quiet community and there are
concerned citizens who pay taxes in that community. Commissioner Grace added that when we
discuss the site plan we will address the residents' concerns.
Vice-Mayor Castro motioned to adopt Ordinance #2011-006, on second reading; seconded
by Commissioner Grace. The motion carried on the following 5-0 Roll Call vote:
Commissioner Anton Yes Vice-Mayor Castro Yes
Commissioner Duke Yes Mayor McElyea Yes
Commissioner Grace Yes
9.3 ORDINANCE#2011-007
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, TO AMEND
THE LAND DEVELOPMENT CODE BY AMENDING ARTICLE 100 "GENERAL USE REGULATIONS
APPLYING TO ALL ZONING DISTRICTS" TO ESTABLISH THE MARINE ZONING DISTRICT WITHIN
THE COMMUNITY REDEVELOPMENT AREA; AMENDING ARTICLE 105 "USE REGULATIONS FOR
RESIDENTIAL AND OPEN SPACE ZONING DISTRICTS" REGARDING REGULATIONS OF THE
PLANNED UNIT DEVELOPMENT ZONING DISTRICT; AMENDING ARTICLE 110 "USE REGULATIONS
FOR COMMERCIAL AND MIXED-USE DISTRICTS" TO ESTABLISH THE MARINE ZONING DISTRICT
WITHIN THE COMMUNITY REDEVELOPMENT AREA, AND TO PROVIDE SUPPLEMENTAL
REGULATIONS FOR THE RESIDENTIAL OFFICE (RO) DISTRICT; AMENDING ARTICLE 115
"INDUSTRIAL DISTRICTS: PERMITTED, PROHIBITED, SPECIAL EXCEPTION USES, AND CONDITIONS
OF USE" TO AMEND PERMITTED LIGHT INDUSTRIAL USES; AMENDING ARTICLE 205 "TABULAR
SUMMARY OF SITE DEVELOPMENT STANDARDS FOR ALL ZONING DISTRICTS" TO PROVIDE
SUPPLEMENTAL REGULATIONS FOR THE RESIDENTIAL OFFICE (RO) DISTRICT AND THE IROM-AA
DISTRICT;AMENDING ARTICLE 215 "SUPPLEMENTAL REGULATIONS FOR YARDS,LOT COVERAGE,
IMPERVIOUS AREA AND OPEN SPACE" TO AMEND PROVISIONS CONCERNING YARD
ENCROACHMENTS; AMENDING ARTICLE 220 "SUPPLEMENTAL BUILDING AND STRUCTURE
HEIGHT REGULATIONS (INCLUDING LOWEST FINISHED FLOOR); "ROOFTOP REGULATIONS" TO
AMEND REGULATIONS CONCERNING HEIGHT HAZARDS LOCATED IN PROXIMITY TO AN AIRPORT;
AMENDING ARTICLE 240 "DOCKS AND MOORING STRUCTURES" TO PROVIDE FOR INSPECTION
AND REGULATION OF DOCKS AND MOORING STRUCTURES; AMENDING ARTICLE 260 "AIRPORT
PROXIMITY AND NAVIGATIONAL HAZARD REGULATIONS" TO AMEND DEVELOPMENT
STANDARDS RELATED TO AIRPORT NAVIGATIONAL HAZARDS; AMENDING ARTICLE 302
"DETAILED USE REGULATIONS" TO PROVIDE FOR ADDITIONAL DEVELOPMENT REGULATIONS
FOR THE DISTRICTS WITHIN THE COMMUNITY REDEVELOPMENT AREA; AMENDING ARTICLE 303
"DISTRICT DEVELOPMENT STANDARDS" TO PROVIDE FOR DEVELOPMENT REGULATIONS FOR
THE MARINE ZONING DISTRICT WITHIN THE COMMUNITY REDEVELOPMENT AREA; AMENDING
ARTICLE 705 "VIOLATIONS AND PENALTIES" TO AMEND CODE ENFORCEMENT PROCEDURES;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE. (SECOND READING)
City Attorney Ansbro read the title of Ordinance #2011-007.
Corinne Lajoie, AICP, Principal City Planner, noted that the changes requested by the
Commission have been incorporated into the ordinance.
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 10
Dania Beach City Commission
Tuesday,February 22,2011—7:00 p.m.
Vice-Mayor Castro motioned to adopt Ordinance #2011-005, 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
9.4 RESOLUTION#2011-017
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
THE REQUEST FOR MODIFICATIONS TO SITE PLAN SP-39-09, APPROVED BY RESOLUTION 2010-003
ON JANUARY 12, 2010, SUBMITTED BY MARK ENGEL, ARCHITECT, REPRESENTING THE PROPERTY
OWNER RUSSEL M. LAZEGA, PRESIDENT OF SHAGGY DOG HOLDINGS, FOR PROPERTY LOCATED
AT 45 EAST SHERIDAN STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution#2011-017.
Kristin Dion, AICP, Planner, explained the request for site plan modifications for the
construction of an office building. She noted that staff recommends approval of the
modifications, provided that the outstanding comments are addressed prior to the issuance of a
building permit.
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 noted he will recuse himself from voting because his wife worked on this
project when it started.
Vice-Mayor Castro motioned to adopt Resolution #2011-017, subject to staffs comments;
seconded by Commissioner Grace. 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
10. Discussion and Possible Action
10.1 Clary Consulting LLC
City Attorney Ansbro noted that this item has been removed from the agenda.
Item #10.2 was heard after Special Events
10.2 Right of First Refusal—Frost House
Minutes of Regular Meeting 11
Dania Beach City Commission
Tuesday,February 22,2011 —7:00 p.m.
City Attorney Ansbro noted that a contract was received last Thursday for the possible purchase
of the Frost House located at 400 S. Federal Highway. He advised that the City needs to decide
whether to exercise the Right of First Refusal in this case.
Tim Ryan, Special Counsel for Code matters, explained that the Frost House has a pending
contract for purchase and sale. He clarified that this is an all-cash transaction of$500,000.00.
Attorney Ryan further noted that there is a Declaration of Restrictive Covenants and a Right of
First Refusal in favor of the City which was recorded in 2001 and will expire in two months. He
indicated this would be the last opportunity for the City to exercise the Right of First Refusal to
consider the purchase of the Frost House. The City can match the offer that has been presented
and it would need to be done no later than March 11, 2011, at which time we would have to pay
ten percent of the purchase price as a deposit. He advised that the City would have fifteen
business days to enter into a contract and come up with the remainder of the purchase price,
$450,000.00. Attorney Ryan clarified that within the next 10 days the City would have time for
any inspections and determine whether to buy the property or not. If we are not interested in the
property, the entire deposit will be returned to the City. He stated that the property last sold in
the year 2000 for $550,000.00; it is currently tax-assessed at $693,000.00, however, it could be
subject to variation in value. Attorney Ryan noted that if the City decides to exercise the Right
of First Refusal an appraisal would be made. He asked for Commission direction.
City Attorney Ansbro noted that the Commission could defer this item to the March 9, regular
meeting, which is two days prior to the expiration of the Right of First Refusal.
Attorney Ryan confirmed for Vice-Mayor Castro that this is a legitimate contract. He noted he
will monitor this issue and will report back to the Commission at the March 9 regular meeting.
Commissioner Duke noted this is a good market to buy a historical house; however, it is an "as-
is" offer and there could be a lot of things to be considered. Commissioner Duke pointed out
that if we purchase this property, we would have to go into our "reserves". He remarked we
have to think of the economic realities of the transaction.
Mayor McElyea noted there are not many historical houses left in Dania Beach, the oldest City
in Broward County.
It was the consensus of the Commission to place this item on the March 9, 2011 Commission
Agenda.
11. Commission Comments
11.1 Commissioner Anton
Commissioner Anton spoke about an article in the newspaper saying that he and Vice-Mayor
Castro were looking to bail out of Dania Beach. He remarked this statement was not exactly
accurate. Commissioner Anton explained that what he meant is that if the runway is built, the
Minutes of Regular Meeting 12
Dania Beach City Commission
Tuesday,February 22,2011 —7:00 p.m.
mitigation is proper, the neighborhood starts to change, and he gets the right value for his home,
he would consider leaving this area. He referred to comments made by Patrick Phipps indicating
that he was not going to fight for the Airport anymore. Commissioner Anton stated that is a lie,
and asked Mr. Phipps not to make this type of comment again.
Vice-Mayor Castro noted that regardless of what happens with the Airport issue, even if she is
not in office, she will continue to love the City and care about all the residents in the City. She
added that people must stop lying to the public. If anyone wants to know how she feels they can
call her and she will be happy to answer any questions.
11.2 Commissioner Duke
Commissioner Duke announced, at the request of CRA Executive Director Earle, that
construction will start on the landscape improvements on Federal Highway (US-1) at the end of
April. He noted that work will take approximately 300 days to be completed.
Commissioner Duke noted that there is a candidate claiming that 18 months ago she left the
Commission with$20M in reserves;that there is less than $1OM left and that at this rate,the City
will be broke in less than two years. He pointed out this is a direct quote from the Dania Beach
Press and it is not true. Commissioner Duke provided details of the City's current finances and
added that the Commission has done an excellent job with the budget. He stated that he wanted
to get the record straight and that this Commission is in total control of the budget.
11.3 Commissioner Grace
Commissioner Grace apologized to the Commission and the residents for missing the last
Commission meeting.
Commissioner Grace noted she is very pleased with the SE traffic calming project. She
remarked that residents are pleased with what is being done. Commissioner Grace further
commented that approximately a year ago Elizabeth Del Sapio had some problems in front of her
house and she thought it was fair to reimburse her for attorney's fees in the amount of$2,700.00.
Commissioner Grace motioned to reimburse Ms. Del Sapio the amount of$2,700.00.
Vice-Mayor Castro advised that Robert's Rules of Order require that the item be brought back to
the table and the motion be made by someone on the prevailing side.
Commissioner Duke noted he would be willing to make the motion; however, he was not on the
prevailing side.
The proposal died for lack of a motion to approve it.
Commissioner Grace spoke about the community meetings she attended.
Minutes of Regular Meeting 13
Dania Beach City Commission
Tuesday,February 22,2011—7:00 p.m.
Commissioner Grace thanked Dominic Orlando, Director of Public Services, for fixing the solar
lights.
Commissioner Grace thanked the Public Services staff for sweeping the street in the NW 8th
Avenue area.
Commissioner Grace noted that although Commissioner Anton did not mention it in his
comments, she wants everyone to know that she has enjoyed working with every Commissioner
during the past eleven months, whether pro or con.
11.4 Vice-Mayor Castro
Vice-Mayor Castro noted she attended the Greater Ft. Lauderdale Alliance meeting where they
spoke about the good things happening in our City.
Vice-Mayor Castro noted she attended the Tri-County meeting at IGFA. She advised they
discussed the noise mitigation program and how the County Commission would make people
whole. Vice-Mayor Castro added she is not sure that County staff has given them the real
picture. She further advised that County Vice-Mayor Rodstrom is trying to set meetings for Kent
George, Director of the Broward County Aviation Department, to visit the Northeast and west
Phippen-Waiters Road groups.
Vice-Mayor Castro noted she attended the Broward Latin Chamber at DCOTA which was a nice
event.
Vice-Mayor Castro noted Broward County School Board Member Ann Murray informed her that
they are planning to take down the original structural facility of Olsen Middle School and put in
a mixed-use field. She indicated this would be an open park and they are looking at the City to
be a partner. Vice-Mayor Castro advised Ms. Murray to approach the Parks and Recreation
department on this matter. She further asked City Manager Baldwin to reach out to Ms. Murray
to discuss the Olsen Middle School site.
Vice-Mayor Castro noted she attended the Grant Advisory Board workshop last Saturday, which
was very informative.
Vice-Mayor Castro noted she attended the Estates of Fort Lauderdale meeting and they asked for
an update on the repairs of the speed humps on Park Street and 54tn
Dominic Orlando, Director of Public Services, noted they will be working on this project either
this week or next week.
Vice-Mayor Castro noted that the Townhouse East Condo Association has an issue with garbage
and Choice Waste Management. She asked City Attorney Ansbro if there are any regulatory
issues where we can help them.
Minutes of Regular Meeting 14
Dania Beach City Commission
Tuesday,February 22,2011—7:00 p.m.
Vice-Mayor Castro spoke about the pain clinics. She urged residents to approach Governor
Scott asking him not to remove the database requirement for pain clinics; otherwise we will not
have any control on who is abusing the privileges or doing the right thing.
Vice-Mayor Castro noted that the Ocean Waterway Mobile Home Park has come up with a very
unique proposal for noise mitigation. They are asking to at least be compensated or made whole
as a result of the noise impacts. She thought this could be used by other communities throughout
the City.
Vice-Mayor Castro noted that when Kent George came to the Melaleuca Gardens Homeowners
Association meeting he promised to pay for a survey; however, he has now stated he will not.
She asked the Commission to consider paying for the survey to determine what the affected
residents want to do.
Bob Daniels, Director of Community Development, noted that the National Research Center
provided an estimate for a survey to be conducted in two or three phases. They will work with
the City on the existing survey, prepare it, send it out and follow up with a reminder, if
necessary. He advised the total cost would be just under $22,000.00. Director Daniels further
indicated that staff is working on how much it would cost for us to do it without outside help;
however, the County may not give it any credibility. He said they will continue to look for other
surveyors to try to reduce costs.
Commissioner Duke remarked we can get it done for less than $22,000.00. He suggested getting
a couple of quotes.
Vice-Mayor Castro cautioned the Commission on the timeline. She said that if the noise
mitigation issue is discussed at the March 29 County Commission meeting, we may need to have
a special meeting. Vice-Mayor Castro further suggested that once we have the results in hand,
we call a workshop with the Broward County Commission to discuss the outcome of the survey.
Commissioner Anton noted that when discussing the value of the properties, we need to add
some wording explaining that the BCAD proposal is not outside of an Airport affected area but
outside of the runway being built. He pointed out that we need to put the two factors together
because there might be some confusion.
Director Daniels noted that we referred to fair market value for a comparative property outside of
the affected area.
Vice-Mayor Castro noted that she is aware that there are currently two bona fide offers for the
Church of the Resurrection site.
Vice-Mayor Castro spoke about an email from staff about the changes of the neighborhood
improvements plans. She noted that suddenly some new projects have surfaced, such as solar
lighting, extending the US-1 landscaping and adding parking spaces to CW Thomas Park. Vice-
Mayor Castro remarked that we need to prioritize our projects. She would like staff to provide
the funding sources for these major projects.
Minutes of Regular Meeting 15
Dania Beach City Commission
Tuesday,February 22,2011—7:00 p.m.
City Manager Baldwin advised that once staff has met to discuss these issues, they will hold a
workshop with the Commission for capital improvements.
Vice-Mayor Castro asked for the status of the community garden.
Jeremy Earle, CRA Executive Director, advised that this will be done later this year.
Vice-Mayor Castro noted she is still waiting for a policy plan for sidewalks, street lights and
traffic calming projects.
Vice-Mayor Castro asked for an update on the Melaleuca Gardens wall.
Dominic Orlando, Director of Public Services, noted that the budget is approximately $20,000.00
and the information was sent to the City Manager's office for consideration. He clarified that it
will include pressure cleaning, but not painting.
City Manager Baldwin noted that we may wish to involve the neighborhood in this project.
Vice-Mayor Castro noted she has been involved in politics for a long time and she understands
and follows the rules. She indicated that she has been approached by some City employees
objecting to the political sign that states that Dania Beach Employees support a candidate. Vice-
Mayor Castro noted she is a Dania Beach employee and she does not support that candidate, so
the sign is deceptive. She advised that people can file a complaint with the Elections
Commission; however, she would rather see the candidate step up and do the right thing. Vice-
Mayor Castro clarified that department heads and other exempt employees are not
representatives of AFSCME 3535. She advised that she spoke with the General Counsel in
Tallahassee for the Elections Board and he agreed that it is wrong. Vice-Mayor Castro suggested
that the employees, supporting this candidate or not, should come to a public meeting before the
election to express their thoughts. She commented she supports certain candidates of this
campaign. Vice-Mayor Castro noted she has been referred to as all kinds of things which are not
accurate or true. She said she does not sit on the Commission to get credit; however, she would
not like anyone to tell people that she did not do something, only because it suits their political
agenda. Vice-Mayor Castro noted some people say that "we need to turn the ship around", but
she likes the direction "the ship" is going. She spoke about the improvements in the City and
remarked that we are moving in the right direction. Vice-Mayor Castro promised to keep
working as hard as she can, because there is a lot more work to do in this City. She pointed out
that she is tired of the politics and if we are going to talk to the citizens, we have to have a fair,
clean, honest discussion with the facts. Vice-Mayor Castro remarked that she will not tolerate
anybody distorting what we do and how we do it because it is wrong. She said it will be very
difficult to maintain this kind of energy for the next 15 months, but she will do it because that is
what the City deserves. Vice-Mayor Castro reiterated that she is a City employee, and she does
not support certain candidates. Lastly, she stated that regardless of the outcome of the election,
she will continue to do the right thing.
Minutes of Regular Meeting 16
Dania Beach City Commission
Tuesday,February 22,2011 —7:00 p.m.
Vice-Mayor Castro noted it is time to say goodbye to her friend Commissioner Anton. She
spoke about his many contributions to this City that a lot of people are not aware of. Vice-
Mayor Castro remarked that he is going to be sorely missed. She recognized Commissioner
Anton as being a gentleman, a professional, and an honest public servant. Vice-Mayor Castro
thanked Commissioner Anton for his service and wished him and his family the best.
11.5 Mayor McElyea
Mayor McElyea talked about palm tree limbs hanging on Dania Beach Boulevard and on 4th
Avenue as well.
Mayor McElyea noted there is graffiti on public and personal properties throughout the City.
He said that code enforcement needs to check this out because it makes our neighborhoods look
trashy.
Mayor McElyea noted that the Dania Improvement Committee will donate money to the City for
a street clock. He will provide more information after their meeting tomorrow.
Mayor McElyea said he spoke with the Legion Commander for Post 304 and said some Korean
veterans need to be recognized.
12. Appointments
There were no appointments at this meeting.
13. Administrative Reports
13.1 City Manager
City Manager Baldwin invited everyone to attend the next Commission meeting when the Mayor
will give the state of the City address.
13.2 City Attorney
City Attorney Ansbro noted that the jury trial for Beach Watch has been set for Monday, May 9,
2011.
13.3 City Clerk -Reminders
Wednesday, March 9, 2011 - 7:00 p.m. City Commission Meeting
Tuesday, March 15, 2011 - 7:00 p.m. Organizational Meeting
Thursday, March 17, 2011 - 6:00 p.m. Abatement Hearing
Tuesday, March 22, 2011 - 7:00 p.m. City Commission Meeting
Minutes of Regular Meeting 17
Dania Beach City Commission
Tuesday,February 22,2011—7:00 p.m.
14. Adjournment
Mayor McElyea adjourned the meeting at 9:50 p.m.
AT ST: _ CITY OF DANIA BEACH
cr
LOUISE STILSON, CMC FiRsr�P� ry C. K. McELY
CITY CLERK ��° MAYOR-COMMISSIONER
Approved: March 9, 2011
Minutes of Regular Meeting 18
Dania Beach City Commission
Tuesday,February 22,2011 —7:00 p.m.
� r
21
About 10 years ago I retired from BSO as Chief of Police for the City of Dania
Beach. I was approached by a group of people who asked me to run for the City
Commission. I was elected 8 years ago for my first of two terms as Mayor and City
Commissioner. I want to thank all the voters in Dania Beach for your support. It has
been an honor for me to serve you the residents of this great City.
When I took office in 2003, Dania Beach was starting to come out of the severe
financial crises. I was fortunate that I was able to work towards helping turn this
situation around. During my first term the City had moved from an approximate One
million dollar shortfall to over 18 million dollars in reserves. It is those reserves,
carefully accumulated in past years that are carrying the City through the current difficult
economic times. I am very proud that to date Dania Beach is one of the few cities not
cutting services or staff while maintaining a very low tax rate.
I quickly realized that very little had been done to move this City forward. Smart
re-development was the talk of the town but little was done. We knew it was an almost
impossible undertaking as the City did not have an adequate infrastructure to support any
real development. A major study was undertaken to assess our aging infrastructure and
plans were developed to resolve this issue. Waste water plans were prepared and over the
last 8 years the City has been replacing aging and undersized pumps and lines that today
have prepared us for the re-development we have started.
Our City parks had not been upgraded in over 50 years and after obtaining over 6
million dollars in grant money we were able to renovate every park in the City and build
new club houses at Frost Park, C.W. Thomas Park and add a new community center in
the S.W. section that believe me was long over due.
During my time on the Commission millions of dollars much of it grant monies
has been directed to neighborhood improvements, including solar lighting, sidewalks and
traffic calming devices. We were the first City to move forward with solar street lighting.
A mausoleum was designed and completed in the cemetery. Our rusted and aging water
tank was removed and a ground level tank was constructed at the Public Works site. Our
aging Public Works complex has been completely renovated for the first time in over 50
years and now meets all state, county, and EPA regulations. Cameras have been installed
in all of our parks for the safety of our children. Ball fields were fixed and/or replaced.
Pools replaced or built new.
I believe the purchase of the property south of City Hall, 109 Park Street, was the
catalyst that jump started our re-development efforts. This purchase came at serious risk
and criticism for the Commissioners that voted to move forward. As a result we have a
new Library on the City Hall campus with a new Parking Garage. We will soon begin
construction of a new hotel adjacent to the garage on Federal Highway. Our CRA is now
funded and working very hard on redeveloping our downtown.
We have now one code for the entire City, a big improvement over the three
different codes we had being dealing with in the annexed areas.
I am very proud we as a small City basically on our own fought the airport
expansion and were successful in holding it off for more than a decade. We will continue
to fight to make sure our residents are made whole in the County's mitigation program.
We are very close to starting construction to deal with the flooding issues
plaguing many of our neighborhoods.
I am pleased to see that this City is recognizing that the Marine Industry is
thriving and growing. This was a campaign issue I started during my first campaign
working with groups like The Marine Industries Association especially Frank Herhold
retired past president and Margaret Croxton of the Marina Mile Association. I was told
by the Marine Industries Association specifically Frank Herhold that they didn't get
involved with local politics. I worked hard by attending meetings and working with these
folks to prove that Dania Beach was a serious partner. This has resulted in the current
excellent working relationship we enjoy today. I am pleased that our current
Commission supports this partnership and has taken the lead in moving the industry
forward in Dania Beach.
I am proud of what we have been able to accomplish during my tenure and it
could not have been done without the good team work from the dedicated City staff, City
Managers and Commissioners. I am very pleased to have served with past and current
Commissioners Pat Flury, Anne Castro, "Mac", John Bertino, Al Jones and Bob Mikes.
It has been a privilege to serve with these Commissioners. I believe Dania Beach is now
moving in the right direction and will continue to move in that direction making us the
best City that we are today.
Dania Beach is again on the cutting edge by regionalizing all of our public
services. The regional approach is the future of public safety it minimizes duplication of
service and puts more boots on the ground. It is obviously much more efficient and I
believe it makes our community safer by opening up greater resources.
In conclusion my term is up March 15 so it's time to say goodbye, good luck, to
ask that you the voters continue to demand the very best from your elected officials.
i
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be designated on the agenda for citizens and interested persons to speak on matters not scheduled on that day's agenda. The
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Persons desiring to speak during the citizen comment period shall inform the City Clerk immediately prior to the beginning of the
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REQUEST TO ADDRESS
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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: o�o� , 20�I
PRINT NAME:
ADDRESS: �- SLt� Z DAPIA S07A44V
PHONE NO. (optional):
PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW:
CITIZEN COMMENTS:
Comments by D is Be 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:
I--Ak/Y S f' RISC f OARD Mea7-1A&- OA) a /.f�� Ti�� /` •Cx' rT^Y
A r-,4::*0 Ask comm2 sc l o
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.
GAAgendalPUBLIC SPEAKING FORM.doc
REQUEST TO ADDRESS
CITY COMMISSION AT REGULAR
I OR SPECIAL MEETINGS
N . I
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 CO ON MEETING: �- "?� , 20�
PRINT NAME:
ADDRESS: �� \�1 yt_J �►�LJZC
PHONE NO. (optional): l�t4 1 t? b
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.
PLE SE BRIEFLY DESCRIBE THE SUBJECT MATTER OF YOUR COMMENT:
r b�
2) PUBLIC HEARINGS—ITEM# (AS PRINTED ON AGENDA)
PLEASE NOTE:IF YOU WISH TO SPEAK ON AN ITEM THAT PERTAINS TO A"ZONING"TYPE OF MATTER(FOR EXAMPLE,A
SITE PLAN,VARIANCE, SPECIAL EXCEPTION OR SIMILAR TYPE OF ITEM KNOWN AS A"QUASI-JUDICIAL" MATTER, YOU
ARE SUBJECT TO BEING ASKED TO SWEAR OR AFFIRM THAT YOU WILL BE TRUTHFUL AS TO YOUR COMMENTS OR
TESTIMONY. YOU MAY ALSO BE SUBJECT TO QUESTIONS ASKED OF YOU BY AN APPLICANT OR AN APPLICANT'S
REPRESENTATIVE OR ATTORNEY WHICH RELATE TO THE ITEM.
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY MATTER
CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS,AND FOR SUCH PURPOSE MAY
NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
LOBBYIST REGISTRATION REQUIRED-REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY
PERSON, FIRM OR CORPORATION IS BEING PAID TO LOBBY ANY CITY COMMISSIONER ON ANY MATTER OR ISSUE
PURSUANT TO CITY ORDINANCE NO. 01-93.REGISTRATION FORMS AND COPIES OF THE ORDINANCE ARE AVAILABLE IN
THE CITY CLERK'S OFFICE AT CITY HALL.
G:\Agenda\PUBLIC SPEAKING FORM.doc
REQUEST TO ADDRESS
CITY COMMISSION AT REGULAR
OR SPECIAL MEETINGS
The City is required by state law to keep minutes of City Commission meetings. To properly identify
persons who address the City Commission in those minutes, the City requests that this form be completed
and provided to the City Clerk, before the meeting begins.
DATE OF COMMISSION MEETING �- , 20L�
PRINT NAME: L/y4a SAC60
ADDRESS: `7`f S 1 P(YItiCQ—
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:
aoli-
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.
GAAgenda\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: /� . Z L , 20
PRINT NAME: J'AA0 A VA (0!.00WA^A4 A194$60O w/ 3
4W)
ADDRESS: / IVf' C060t'1' 49AMOA GI O ev
PHONE NO. (optional): 9.'y--
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:
0 i#.�► nr ter'
,4 Voeojaer `t�51eat" Mmle
2) PUBLIC HEARINGS—ITEM# (AS PRINTED ON AGENDA)
PLEASE NOTE: IF YOU WISH TO SPEAK ON AN ITEM THAT PERTAINS TO A"ZONING"TYPE OF MATTER(FOR EXAMPLE,A
SITE PLAN,VARIANCE, SPECIAL EXCEPTION OR SIMILAR TYPE OF ITEM KNOWN AS A"QUASI-JUDICIAL" MATTER, YOU
ARE SUBJECT TO BEING ASKED TO SWEAR OR AFFIRM THAT YOU WILL BE TRUTHFUL AS TO YOUR COMMENTS OR
TESTIMONY. YOU MAY ALSO BE SUBJECT TO QUESTIONS ASKED OF YOU BY AN APPLICANT OR AN APPLICANT'S
REPRESENTATIVE OR ATTORNEY WHICH RELATE TO THE ITEM.
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY MATTER
CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS,AND FOR SUCH PURPOSE MAY
NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
LOBBYIST REGISTRATION REQUIRED-REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY
PERSON, FIRM OR CORPORATION IS BEING PAID TO LOBBY ANY CITY COMMISSIONER ON ANY MATTER OR ISSUE
PURSUANT TO CITY ORDINANCE NO. 01-93. REGISTRATION FORMS AND COPIES OF THE ORDINANCE ARE AVAILABLE IN
THE CITY CLERK'S OFFICE AT CITY HALL.
G:\Agenda\PUBLIC SPEAKING FORM.doc
REQUEST TO ADDRESS
CITY COMMISSION AT REGULAR
OR SPECIAL MEETINGS
The City is required by state law to keep minutes of City Commission meetings. To properly identify
persons who address the City Commission in those minutes,the City requests that this form be completed
and provided to the City Clerk, before the meeting begins. 11
DATE OF COMMI MEETING: ' 22 ,20 1\
PRINT NAME:
ADDRESS: _ (�,q) 1 y
PHONE NO. (optional): C�`: 4 (.o 4c\ V�9
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
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,Walter Dania Beach City Commission
MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON
2660 Marina Mile,Suite 109 WHICH I SERVE IS A UNIT OF:
CITY COUNTY [Z]CITY ❑COUNTY OTHER LOCAL AGENCY
Dania Beach NAME OF POLITICAL SUBDIVISION:
Dania Beacg
DATE ON WHICH VOTE OCCUR MY POSITION IS:
February 22,2011 ELECTIVE APPOINTIVE
BY: &_____WH0MUST 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 Duke , hereby disclose that on February 22 20 11
(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
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 previously assisted the owner of Shaggy Dog Holdings, LLC with their initial site plan
over a year ago. Although she is not currently working for the owner and did not participate in
any work relative to the vote taken on 02/22/11, out of an abundance of caution and
transparency, I abstained from voting.
31 [ Iit "/k -
Date Filed Signat e
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 8B-EFF.1/2000 PAGE 2
1
NOTICE OF HEARING BEFORE CITY COMMISSION OF
THE CITY OF DANIA BEACH, FLORIDA, REGARDING
ADOPTION OF THE FOLLOWING PROPOSED ORDINANCE:
NOTICE IS GIVEN that on February 22, 2011 at 7.00 p.m. or as soon thereafter as the matter
may be heard, the City Commission of the City of Dania Beach, Florida, will conduct a public
hearing in the Commission Chamber at Dania Beach City Hall, 100 West Dania Beach
Boulevard, Dania Beach, Florida, to consider the proposed adoption of the following ordinance:
ORDINANCE NO. 2011-005
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, PROVIDING THAT A PORTION OF SW 23`d TERRACE BE CO-DESIGNATED
AS BARKER LANE, SUCH PORTION BEING LOCATED SOUTH OF SW 45" STREET IN
THE CITY OF DANIA BEACH; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
A copy of the proposed ordinance is on file in the Office of the City Clerk, City Hall, 100 West
Dania Beach Boulevard, Dania Beach, Florida, and may be inspected by the public during
normal business hours.
Interested parties may appear at the meeting and be heard with respect to the proposed ordinance.
Any person who decides to appeal any decision made with respect to any matter considered at
this 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.
In accordance with the American with Disabilities Act, persons needing assistance to participate
in any of the proceedings should contact the City Clerk's Office, 100 West Dania Beach
Boulevard, Dania Beach, Florida 33004, (954) 924-6800 Ext. 3624 at least 48 hours prior to the
meeting.
/s/Louise Stilson
City Clerk
Run in Sun Sentinel: Friday, February 11, 2011