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HomeMy WebLinkAboutMinutes of Regular City Commission Meeting MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION WEDNESDAY, MARCH 9, 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 City Manager: Robert Baldwin City Attorney: Thomas Ansbro City Clerk: Louise Stilson Absent: Commissioner: Bobbie Grace Vice-Mayor Castro motioned to excuse the absence of Commissioner Grace; seconded by Commissioner Duke. The motion carried unanimously. 2. Invocation and Pledge of Allegiance Vice-Mayor Castro gave the invocation followed by the Pledge of Allegiance to the United States Flag. 3. Presentations and Special Event Approvals 3.1 Mayor McElyea's State of the City Address 3.1.1 Mayor's Presentation and Comments Mayor McElyea's State of the City Address was presented electronically. It will be available on the City website. He thanked everyone for their support during all his years of service. 3.1.2 City Manager's Comments City Manager Baldwin congratulated Mayor McElyea for doing a great job. He thanked those who have contributed to move the City forward during these difficult economic times. City Manager Baldwin also thanked his management team and all City employees for their hard work. He recognized the involved citizens of Dania Beach for their many contributions to the City. Lastly, City Manager Baldwin congratulated each of the elected officials because they bring a lot of value to the Commission. He expressed his appreciation for supporting the administration on every issue presented for their consideration. 3.1.3 City Commission Comments Vice-Mayor Castro noted she was one of the few who did not support Mr. Baldwin's candidacy for City Manager. She reaffirmed City Manager Baldwin's comments regarding the difficulties faced during the past two years. Vice-Mayor Castro said that the City Manager has a very quiet demeanor but he managed to usher everything through. She thanked Mr. Baldwin and his team for all their hard work during the past two years. Commissioner Anton congratulated Mayor McElyea for a great year and added he enjoyed working with him. He also noted it has been a pleasure working with City Manager Baldwin and his staff as well as with City Attorney Ansbro. Vice-Mayor Castro bid farewell to Commissioner Anton and thanked him for his years of service to the City of Dania Beach. Commissioner Duke noted he has learned a lot from Mayor McElyea. He acknowledged that the City Manager has done a good job in his two years with the City. Commissioner Duke congratulated Commissioner Anton for his eight years in public service. 3.2 Right of First Refusal—Frost House (Continued from February 22, 2011) Tim Ryan, Special Counsel, noted the City is considering its contractual right of first refusal. He explained the process, and noted we would have 10 days to do our due diligence. Another option could be for the City to consider purchasing the property and imposing covenants on it then selling it to a third party. Attorney Ryan indicated that the first step would be to authorize staff to begin the process. Mayor McElyea passed the gavel and motioned to begin the process; seconded by Commissioner Anton. Attorney Ryan responded for Commissioner Duke that he did not know the intended use by the buyer. Commissioner Duke noted it is a luxury item for the City to purchase the Frost House at this time. He expressed concerns for the updates required to an old building. Commissioner Duke stated he wanted to voice his objections. Vice-Mayor Castro questioned the process. Commissioner Duke pointed out that$14,000.00 in taxes would come off the tax roll. Minutes of Regular Meeting 2 Dania Beach City Commission Wednesday,March 9,2011—7:00 p.m. Attorney Ryan noted that there should be no environmental issues with the property and it might require the 40-year inspection. City Manager Baldwin confirmed the money to purchase the property would come from reserves. Commissioner Duke asked the City Manager if we were in a financial position to take $750,000.00 from reserves. City Manager Baldwin advised that the Commission has been hitting the reserves very hard. He said that another option would be to consider selling other City property. Vice-Mayor Castro noted this was a very expensive proposition, however, she would agree to do our due diligence. She further suggested looking for other public partnerships or grants to purchase the property. Commissioner Duke noted we could purchase the property, place a deed restriction on it and resell the property. Commissioner Anton noted he understands these are difficult economic times, however, he agreed with Mayor McElyea regarding the very few historic properties left in our City. He added we need to find the way to protect this property so it will never be demolished. Attorney Ryan noted the due diligence could cost approximately $10,000.00 - $15,000.00. Commissioner Duke noted it would probably be $20,000.00, including the appraisal. The motion carried on the following 3-1 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Duke No Mayor McElyea Yes 3.3 Special Event request by the Marine Industries Unlimited Inc. for a Public Boat Auction to be held Sunday, March 27, 2011 from 11:00 a.m. — 1:00 p.m. at 1801 N.W. lst Street(Boomers parking lot) Commissioner Anton motioned to approve the Special Event request for the Public Boat Auction; seconded by Vice-Mayor Castro. The motion carried unanimously. 4. Proclamations There were no proclamations at this meeting. 5. Citizen Comments Minutes of Regular Meeting 3 Dania Beach City Commission Wednesday,March 9,2011 —7:00 p.m. Cherie Lynn Gibson, 3012 SW 51" Street, Ravenswood Estates, invited everyone to attend the April 71h meeting of the Dania Beach Neighborhoods United to hear the guest speaker on wills and trusts. George Jason, 4549 SW 371h Avenue, provided information on a tentative "Hurricane Preparedness Forum"planned for Thursday, June 2, 2011 at City Hall. Betty Sokol, 609 NW loth Street, noted the CVS pharmacy in the Winn Dixie Plaza will be closing at the end of March. 6. Public Safety Reports Deputy Chief Raikin, BSO Fire Rescue, noted things are going well since the transfer. He advised that they have been working closely with the CERT members and they will continue to be successful as in the past. Donn Peterson, BSO Chief of Police, announced a project they have undertaken for St. Patrick's Day at "The Field". They will be doing enforcement in the area, including traffic stops, and the message board announcing the event. He cautioned everyone to be careful and look for pedestrians in the crosswalks. Chief Peterson asked Detective Carlos Salazar and Corporal Paul Auerbach to come forward to be recognized, as well as Corporal Louis Batista, as Employees of the Month for February, 2011, for their initiative in apprehending the suspect involved in vehicle break-in incidents. Chief Peterson congratulated Mayor McElyea for his tenure as Mayor. He also wished the best to Commissioner Anton and his family. 7. Consent Agenda Items removed from Consent Agenda: #7.4, #7.5 7.1 Minutes: Approve minutes of February 16, 2011 Special City Commission meeting Approve minutes of February 22, 2011 City Commission meeting 7.2 Travel Requests: None Resolutions 7.3 RESOLUTION#2011-023 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO APPLY FOR, ACCEPT IF AWARDED,AND EXECUTE AN URBAN AND COMMUNITY FORESTRY GRANT MEMORANDUM OF AGREEMENT, INCLUDING Minutes of Regular Meeting 4 Dania Beach City Commission Wednesday,March 9,2011 —7:00 p.m. ANY EXTENSIONS WITH THE STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.4 RESOLUTION#2011-025 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, LOCATED IN BROWARD COUNTY, FLORIDA, RECOGNIZING THE VALUE OF THE BROWARD COUNTY WATER PRESERVE AREA ("WPA") PROJECT OF THE COMPREHENSIVE EVERGLADES RESTORATION PLAN, AND URGING THE US ARMY CORPS OF ENGINEERS AND THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT TO EXPEDITIOUSLY FINALIZE THE BROWARD COUNTY WPA PROJECT IMPLEMENTATION REPORT TO MEET THE DEADLINES NECESSARY FOR CONSIDERATION FOR FUNDING AND IMPLEMENTATION OF THE PROJECT BY THE UNITED STATES CONGRESS; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2011-025. Vice-Mayor Castro noted she pulled this item due to its importance to our area. She added that this resolution supports one of the most necessary components of South Florida which is water management. Vice-Mayor Castro asked our residents to stay informed on this vital issue. Vice-Mayor Castro motioned to adopt Resolution #2011-025; seconded by Commissioner Anton. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Duke Yes Mayor McElyea Yes 7.5 RESOLUTION#2011-026 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, OPPOSING PROPOSED SENATE BILL 1296, RELATING TO ENTERPRISE ZONES; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2011-026. Vice-Mayor Castro noted that a senator wants to sunset the Enterprise Zone prior to its original expiration date. She suggested the City, CRA and Chamber of Commerce begin to lobby to kill and remove the bill. Vice-Mayor Castro asked City Manager Baldwin to distribute the information we have been receiving in order to keep our Enterprise Zone alive. Vice-Mayor Castro motioned to adopt Resolution #2011-026; seconded by Commissioner Anton. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Duke Yes Mayor McElyea Yes Minutes of Regular Meeting 5 Dania Beach City Commission Wednesday,March 9,2011 —7:00 p.m. Vice-Mayor Castro motioned to adopt the Consent Agenda, with the exception of Items #7.4 and #7.5; seconded by Commissioner Anton. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Duke Yes Mayor McElyea Yes 8. Bids and Requests for Proposals There were no proposals on this agenda. 9. Public Hearings and Site Plans 9.1 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. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2011-008. 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 #2011-008, on second reading; seconded by Commissioner Anton. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Duke Yes Mayor McElyea Yes 9.2 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. (SECOND READING) City Attorney Ansbro read the title of Ordinance#2011-009. 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 6 Dania Beach City Commission Wednesday,March 9,2011 —7:00 p.m. Commissioner Anton motioned to adopt Ordinance #2011-009, on second reading; 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 Yes Mayor McElyea Yes 9.3 ORDINANCE#2011-010 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE BY CREATING ARTICLE 316 "DESIGN DISTRICT OVERLAY" IN ORDER TO PROVIDE SUPPLEMENTAL STANDARDS FOR DEVELOPMENT AND REDEVELOPMENT IN SUPPORT OF THE DESIGN INDUSTRIES WITHIN THE CITY;AMENDING ARTICLE 505 "SIGN REGULATIONS" TO AMEND CERTAIN SIGN REGULATIONS IN ORDER TO PROVIDE FOR CONSISTENCY WITH THE SUPPLEMENTAL SIGN REGULATIONS OF THE DESIGN DISTRICT OVERLAY; PROVIDING FOR ADOPTION OF A MAP OF THE DESIGN DISTRICT OVERLAY AREA; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the title of Ordinance#2011-010. Corinne Lajoie, Principal City Planner, noted this was initiated by the business community. She explained that the Design District Overlay is anticipated to be used as a marketing tool for the City to attract people to businesses within the district. Ms. Lajoie suggested adding section 316.40 Parking, which would allow the conversion of a warehouse space into a showroom space without being penalized for the parking. She advised that the Planning and Zoning Board as well as staff recommend approval of the request. Commissioner Duke clarified that this is just a Design District which is not intended to accommodate any high rise or marine development. Mayor McElyea opened the Public Hearing. Craig Urbine, 802 NW 7t'Avenue, property owner within the district, noted they have started an outreach to the downtown businesses to encourage improvements to their buildings. Alan Levy, property owner within the district, noted he approached the City in June, 2010. They are the property managers for the Dania Beach Design and Marine Center. He explained that their goal is to enhance the Design District and continue the beautification of the area. Mr. Levy asked for landscaping improvements to the Public Services facility to camouflage the area in order for the district to have the image that they all have in mind. Manny Synalovski, architect for the project, noted they are in full support of the proposed changes. He indicated that the Parking section presented tonight would create a pedestrian area which would benefit the businesses within the district. Mr. Synalovski stated that they see tremendous potential for the area. Seeing as there was no one else to speak in favor or opposition, Mayor McElyea closed the Public Hearing. Minutes of Regular Meeting 7 Dania Beach City Commission Wednesday,March 9,2011 —7:00 p.m. Commissioner Duke motioned to adopt Ordinance#2011-010, on first reading. Vice-Mayor Castro asked what would be the downside of expanding to the additional areas. Ms. Lajoie explained the warehouses have more office components and not showrooms. She added there would be no negative implications; however, they thought they would begin with the initial area before expanding. Commissioner Anton questioned if there would be shared-parking agreements to avoid future problems. Ms. Lajoie noted she will look into it. Vice-Mayor Castro seconded the motion. The motion carried on the following 3-1 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Duke Yes Mayor McElyea No 9.4 RESOLUTION#2011-024 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY SAM JAZAYRI, PRESIDENT OF 36TH STREET ACQUISITION, INC., FOR A SECOND EXTENSION TO THE SITE PLAN APPROVAL SP-64-07, APPROVED BY RESOLUTION NO. 2008-002 AND SPECIAL EXCEPTION REQUEST SE-73-07 APPROVAL BY RESOLUTION NO. 2008-001 ON JANUARY 8,2008,FOR PROPERTY LOCATED AT 2400 COLLINS ROAD (GENERALLY LOCATED ON THE SOUTH SIDE OF COLLINS ROAD, WEST OF THE FORT LAUDERDALE HOLLYWOOD INTERNATIONAL AIRPORT), IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2011-024. Corinne Lajoie, AICP, Principal Planner, noted the applicant is requesting a two-year extension of an approved site plan and special exception for the construction of a warehouse/office complex. She presented an overview of the project. Ms. Lajoie indicated that they are currently in the process of cleaning the ground of the property. The additional time is required for the remediation of the property. She advised that staff recommends approval of the request provided the original conditions are in place with the extension. 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 Resolution #2011-024, with staff recommendations; seconded by Commissioner Anton. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Duke Yes Mayor McElyea Yes Minutes of Regular Meeting 8 Dania Beach City Commission Wednesday,March 9,2011 —7:00 p.m. 10. Discussion and Possible Action 10.1 Airport Impacted Areas Survey Bob Daniels, Director of Community Development, noted we are ready to move ahead with the survey. He expressed his concern with the cost and time to do it. Director Daniels advised the survey will not be done before the March 29 County Commission meeting. He suggested the City ask the County to change the date to accommodate the survey. Commissioner Anton noted the survey is critical for the Commission and it needs to get done. He said it is important for the County Commission to see the results of the survey. Commissioner Anton is confident that the County will move the meeting date until the survey is complete. Commissioner Duke wondered how the survey results will be weighed by the County Commission because we prepared the questions. Vice-Mayor Castro confirmed that the company will change the wording of the questions so that it will not be tainted. She asked for a joint workshop with the County to discuss the results of the survey. Vice-Mayor Castro further questioned the final cost to conduct the survey. Director Daniels advised that staff obtained three quotes, which information was included in the agenda backup. He confirmed that six weeks would be the minimum time before the survey is complete. Vice-Mayor Castro confirmed with Director Daniels that Ocean Waterway Mobile Home Park will be included in the survey. Commissioner Duke suggested including a question asking if the property owners are on wet lots or dry lots. Director Daniels recommended using the lowest bidder. The Commission did not want to use Fred Bloetscher because of a potential conflict. They suggested using the next lowest bidder. Vice-Mayor Castro motioned to amend the survey, including Commissioner Duke's question, and for Director Daniels to use the lowest bidder and move forward as fast as possible. Jay Field, 4501 SW 30th Way, noted he sent an email to Kent George, Director of Broward County Aviation Department, asking him to hold the meeting during evening hours and in a facility that can accommodate a large crowd, however, he has not received a response. He asked Minutes of Regular Meeting 9 Dania Beach City Commission Wednesday,March 9,2011—7:00 p.m. the Commission to send a letter with the same request. Mr. Field noted the next newsletter is needed due to the County Commission meeting. Commissioner Duke suggested waiting to send the newsletter until a meeting date is confirmed. gg g g Vice-Mayor Castro suggested the Airport Advisory Board draft a newsletter explaining the noise mitigation program and its impacts. Mr. Field noted a Special Meeting of the Airport Advisory Board will be required. He stressed the importance of a night meeting. The motion was seconded by Commissioner Anton and carried unanimously. 10.2 Request for Letters of Interest—Airport Impacted Areas Financial Analysis Bob Daniels, Director of Community Development, noted that the scope of work has been finalized and we are ready to move forward. Commissioner Duke noted this study will be expensive, probably around$100,000.00. It was the consensus of the Commission to move forward with the Request for Letters of Interest. Director Daniels advised that Broward County Aviation Department will begin Saturday hours on March 12. 10.3 Discussion to allow Bob Anton to continue to participate in the court case regarding the Ft. Lauderdale-Hollywood International Airport Vice-Mayor Castro noted she placed this item on the agenda. She confirmed with Commissioner Anton that he would continue representing the City for no pay. Vice-Mayor Castro asked City Attorney Ansbro if any type of agreement was required. Commissioner Duke noted that Commissioner Anton does not need consensus of the Commission to talk to the attorney. Commissioner Anton noted that Neal McAliley, Special Counsel for Airport matters, said it was necessary for him to represent the City as a past Commissioner. It was the consensus of the Commission to allow Bob Anton to continue participating in the litigation process only, not in negotiations with the County. 10.4 Discussion to appoint Vice-Mayor Anne Castro as the point person on Airport matters Vice-Mayor Castro requested that she be appointed as the point person on Airport matters to replace outgoing Commissioner Bob Anton. Minutes of Regular Meeting 10 Dania Beach City Commission Wednesday,March 9,2011—7:00 p.m. Commissioner Anton concurred that we need a contact person, and he has full confidence in Vice-Mayor Castro. Commissioner Duke noted the point person should be the City Manager, not a Commissioner. He added he does not want a Commissioner representing him on this matter. Commissioner Anton appointed Vice-Mayor Anne Castro as the point person on Airport matters; seconded by Mayor McElyea. The motion carried on the following 3-1 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Duke No Mayor McElyea Yes 11. Commission Comments 11.1 Commissioner Anton Commissioner Anton commented that no one has been appointed for the Herman Wrice award in several years. He nominated Dick and Betty Sokol for all the work they do for the community. Commissioner Anton strongly urged the Commission to move forward. It was the consensus of the Commission to move forward with the appointment. Commissioner Anton thanked everyone for their support. 11.2 Commissioner Duke Commissioner Duke discussed the election. He congratulated the Charter Review Board on the result of their work on the Charter amendments. Commissioner Duke noted there were four issues that were disconcerting to him in this election cycle: 1) He was disappointed in the overall turnout. 2) He was dismayed by the incredible fear mongering and misrepresentation of issues, including a Political Action Committee (PAC) put together by Commissioner Anton's wife which was very negative. He spoke about an email from Jay Field regarding the Westside Master Plan and the Airport issue. Commissioner Duke remarked there was an excessive amount of bullying and intimidation. 3) He noted we have a relationship with BSO where we pay them to handle law enforcement for our City. However, there was a tremendous amount of political influence and activity by BSO in this election. Commissioner Duke stated that Sheriff Lamberti supported a candidate. He remarked that departments need to stay out of the City business and asked BSO staff to convey this message to their chief. 4) He referred to the complaints filed with the Elections Commission and added this was a waste of taxpayer dollars. Commissioner Duke noted that it is the responsibility of this Commission to move our City forward. Commissioner Anton noted his wife is involved in a PAC because lies were spreading throughout the community. He said the information published by the PAC was available if Minutes of Regular Meeting 11 Dania Beach City Commission Wednesday,March 9,2011 —7:00 p.m. anyone wanted to review it. Commissioner Anton spoke about an email sent by Lisa Duke regarding those involved in the PAC. He stated that this was the dirtiest,nastiest campaign ever. Vice-Mayor Castro commented everything is being misquoted and misaligned. She spoke in detail about several issues involving the election. Vice-Mayor Castro referred to the comments made during the budget hearings about her not wanting the meetings publicly web-streamed. She stated it was actually Commissioner Grace who did not support the idea. Vice-Mayor Castro also noted that some candidates used the "Concert on the Green" sponsored by the Chamber of Commerce to endorse candidates from the stage. She remarked that she has never seen people so anxious to control and have power, but she will leave it in the hands of the voters. Vice-Mayor Castro asked the Commission to move forward and discuss the issues professionally because our City and our residents deserve it. 11.3 Commissioner Grace Commissioner Grace was not present at this meeting. 11.4 Vice-Mayor Castro Vice-Mayor Castro thanked Broward County Vice-Mayor Rodstrom and County Commissioner Chip LaMarca for administering the March 3 and March 7 neighborhood meetings regarding the Noise Mitigation Program. 11.5 Mayor McElyea Mayor McElyea congratulated Pat Flury and presented her with flowers. He also congratulated Chickie Brandimarte on her campaign. He noted he also called Commissioner Grace and congratulated her. Mayor McElyea noted Mr. Baldwin is one of the best City Manager's the City has had. Linda Sacco, 4481 SW 38 Terrace, Davis Isles, noted she has met some of the hardest working people for the good of Dania Beach. She stated that we can trust the Dania Beach residents because they are a smart group of people. Mayor McElyea noted that Commissioner Duke is younger than he is and has different visions than him. He remarked that this is one of the best cities. Mayor McElyea said that Commissioner Duke will see the progress with the bridges. Mayor McElyea noted that Commissioner Duke could be one of the best commissioners ever; he just needs the right direction. 12. Appointments There were no appointments at this meeting. Minutes of Regular Meeting 12 Dania Beach City Commission Wednesday,March 9,2011 —7:00 p.m. 13. Administrative Reports 13.1 City Manager City Manager Baldwin wished farewell to Commissioner Anton. He said he is one of the most solid Commissioners he has worked with in his career. City Manager Baldwin presented him with a gift on behalf of staff. City Manager Baldwin noted that his contract expires on March 15, 2011 and he deliberately did not bring it up because he thought it should be the decision of the new Commission and himself. City Attorney Ansbro suggested the individual Commissioners talk with City Manager Baldwin on this issue and a public vote can be taken at a later Commission meeting. He clarified there will be two public hearings and the final resolution would be retroactive to the expiration date on the contract. 13.2 City Attorney City Attorney Ansbro noted that a mediation has been set for March 31, 2011, for the Airport issue. He asked for an Attorney-Client session to be held on March 22 at 6:00 p.m. City Attorney Ansbro noted the litigation for Beach Watch has been deferred for a month. City Attorney Ansbro bid farewell to Commissioner Anton. He said that Commissioner Anton will be missed but he will not be forgotten. 13.3 City Clerk -Reminders 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 Wednesday, April 6, 2011 -6:00 p.m. CRA Board Meeting 14. Adjournment Mayor McElyea adjourned the meeting at 9:32 p.m. �pRp'S FIST CITY OF DANIA BEACH LOUISE STILSON, CT C C. . Mc YEA CITY CLERK , MAYOR-COMMISSIONER Approved: April 12, 2011 Ano Minutes of Regular Meeting 13 Dania Beach City Commission Wednesday,March 9,2011 —7:00 p.m. 10*� 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:7aaA..,,4 ` ,20 PRINT NAME: In (1 e nN G�r bwn ADDRESS: 50)Z 5w ,S'j �S�- 1?e4VeuswO acl L 4-OL{en PHONE NO. (optional): 95-%/ 3 Z z -O K`is PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW: 1) R­ 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:Wgenda\PUBLIC SPEAKING FORM.doc A. z 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: MA(rC-N , 20 11 PRINT NAME: G,�c�02 Q, SAS c?J ADDRESS: Jis'y9 5N 3 7 "" A va PHONE NO. (optional): �diy1 9 ff 1)- 43 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: PL.&VS /9 Y bg9N/A &5&tN A&I 4;M(4d a Yoae ya/i '� fda t3 H Ua RP CA,✓f. PRC PRR D ME SS I ,o k UM 10 O,t/ 7,;;iac U Unl9 X AIA ;)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:1Agenda\PUBLIC SPEAKING FORM.doc i "HURRICANE PREPAREDNESS FORUM" Thursday, June 2nd, 2011 Dania Beach City Hall, 100 W Dania Beach Blvd. Dania Beach, Florida 33004 Commission Chamber 7pm - 9pm Sponsored by: Dania Beach Neighborhoods United This will be the kickoff of the 2011 Hurricane Season Broward County "Emergency Hurricane Headquarters" American "Red Cross" John Rodstrom "Vice Mayor - Broward Commission" Donn Peterson "Dania BSO Chief" Mike Cassano "Deputy Chief - Dania Beach Fire Rescue" "HURRICANE PREPAREDNESS FORUM" Last one was Thursday, June 1st, 2006 State Representative Tim Ryan Broward County Emergency Operation Carl Fowler, Education & Training Red Cross of Broward County Rigoberto Molina, Hurricane Preparedness Speaking for Dania Beach Preparedness Mike Cassano, Fire Department Bryan Cowart, Dania BSO Chief REQUEST TO ADDRESS CITY COMMISSION AT REGULAR OR SPECIAL MEETINGS The City is required by state law to keep minutes Gf 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: 3 ,20// PRINT NAME: un_ 6 � Nov oa � K S ADDRESS: r Aln/ yE�C l- PHONE NO. (optional): PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW: 1) -i CITIZEN COMMENTS: Comments by Dania Beach citizens or interested parties that are not part of the regular printed agenda may be made during each Commission meeting during the period set aside for"Citizen Comments." A thirty(30)minute"Citizen Comments"period shall be designated on the agenda for citizens and interested persons to speak on matters not scheduled on that day's agenda. The citizen comments'period shall begin promptly at 7:30 PM. Each speaker shall be limited to 3 minutes for his or her comments. Persons desiring to speak during the citizen comment period shall inform the City Clerk immediately prior to the beginning of the meeting of their intention to speak. If more than 10 speakers express a desire to speak, the Commission shall determine on a meeting by meeting basis whether to (a) extend the time allotted for citizen comments to accommodate all speakers, or (b) whether to limit the number of speakers or amount of time per speaker. A speaker's time shall not be transferable to another speaker. PLEASE BRIEFLY DESCRIBE THE SUBJECT MATTER OF YOUR COMMENT: 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: PRINT NAME: ADDRESS: 5`C/ S w 3 G l PHONE NO. (optional): PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW: 1) LJI 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: jo 2) PUBLIC HEARINGS—ITEM# (AS PRINTED ON AGENDA) PLEASE NOTE:IF YOU WISH TO SPEAK ON AN ITEM THAT PERTAINS TO A"ZONING"TYPE OF MATTER(FOR EXAMPLE,A SITE PLAN,VARIANCE, SPECIAL EXCEPTION OR SIMILAR TYPE OF ITEM KNOWN AS A"QUASI-JUDICIAL" MATTER, YOU ARE SUBJECT TO BEING ASKED TO SWEAR OR AFFIRM THAT YOU WILL BE TRUTHFUL AS TO YOUR COMMENTS OR TESTIMONY. YOU MAY ALSO BE SUBJECT TO QUESTIONS ASKED OF YOU BY AN APPLICANT OR AN APPLICANT'S REPRESENTATIVE OR ATTORNEY WHICH RELATE TO THE ITEM. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS,AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION REQUIRED-REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY PERSON, FIRM OR CORPORATION IS BEING PAID TO LOBBY ANY CITY COMMISSIONER ON ANY MATTER OR ISSUE PURSUANT TO CITY ORDINANCE NO. 01-93. REGISTRATION FORMS AND COPIES OF THE ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE AT CITY HALL. G:Wgenda\PUBLIC SPEAKING FORM.doc NOTICE OF HEARING BEFORE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, REGARDING ADOPTION OF THE FOLLOWING PROPOSED ORDINANCES: NOTICE IS GIVEN that on March 9, 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 ordinances: ORDINANCE NO. 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. ORDINANCE NO. 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. Copies of the proposed ordinances are 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 ordinances. 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 25, 2011