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HomeMy WebLinkAboutMinutes of Regular Meeting (3) MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, MAY 241- 2011 — 7:00 P.M. 1. Call to Order/Roll Call Mayor Flury called the meeting to order at 7:00 p.m. Present: Mayor: Patricia A. Flury Vice-Mayor: Bobbie Grace Commissioners: Anne Castro Walter Duke C. K. "Mac" McElyea City Manager: Robert Baldwin City Attorney: Thomas Ansbro City Clerk: Louise Stilson 2. Invocation and Pledge of Alle fiance Gary Garofalo, Chaplain Emeritus, Marshall LeBree American Legion Post #304, presented the American Legion Post Color Guard, then gave the invocation followed by the Pledge of Allegiance to the United States Flag. 3. Presentations and Special Event Approvals 3.1 Settlement Agreement with HSBC Bank—Tim Ryan Tim Ryan, Special Counsel for Code Compliance, explained that the City had acquired title of the property in a lien foreclosure. The City and the bank reached an agreement which provided for a 50150 split on the value of the property. He noted that the City will surplus the property and move forward with the sale as required by the Charter. Commissioner Castro motioned to approve the Settlement Agreement with HSBC Bank; seconded by Commissioner McElyea. The motion carried on the following 5-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Grace Yes Commissioner Duke Yes Mayor Flury Yes Commissioner McElyea Yes 3.2 Presentation of the 2011 Comprehensive Emergency Management Plan Michael Cassano, Assistant Chief, BSO Fire Rescue Services, presented an overview of the 2011 Comprehensive Emergency Management Plan which was included in the agenda packet. He noted the emergency information will be available on the City and County websites. Mayor Flury requested that the list of emergency phone numbers be readily available for the public. 3.3 Special Event request by Bass Pro Shops, located at 200 Gulfstream Way, for a Go Outdoor Seminar to be held May 20-30, 2011 from 11:00 a.m. —7:00 p.m. Commissioner Castro motioned to approve the Special Event request for a Go Outdoor PP P Seminar; seconded by Vice-Mayor Grace. The motion carried on the following 5-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Grace Yes Commissioner Duke Yes Mayor Flury Yes Commissioner McElyea Yes 3.4 Special Event request by the American Maritime Officers for a Grand Opening for a new office building to be held Tuesday, June, 7, 2011 from 10:00-a.m. — 3:00 p.m. at 601 South Federal Highway Commissioner McElyea motioned to approve the Special Event request for the American Maritime Officers Grand Opening; seconded by Commissioner Castro. Mayor Flury expressed her concern with parking during the event. She requested that "No Parking" signs be posted along the street. Mayor Flury the addition of a paid police officer for the event. Commissioner McElyea amended his motion to include a paid police officer on site; seconded by Commissioner Castro. The motion carried on the following 4-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Grace Yes Commissioner Duke Abstain Mayor Flury Yes Commissioner McElyea Yes 4. Proclamations There were no proclamations at this meeting. 5. Citizen Comments Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,May 24,2011 —7:00 p.m. George Jason, 4549 SW 37th Avenue, provided an update on the Hurricane Preparedness Forum that will be held on Thursday, June 2, 2011 at 7:00 p.m. in the Commission Chamber at City Hall. Victoria Payne, Executive Director, Chamber of Commerce, 102 W Dania Beach Boulevard, provided an update of Chamber events. Shaun Koby, 3913 SW 47th Street, recommended the revival of "Youth in Government Day", which would promote civic involvement. He noted that he has a preliminary framework for the program, and would like to get the Chamber of Commerce and Dania Beach Press involved. Mr. Koby advised that this would be an educational opportunity for staff and the students as well. Mayor Flury suggested he contact the City Attorney and the Chamber of Commerce to discuss his proposal. Commissioner Castro suggested contacting the neighboring schools in order to get student participation. Commissioner McElyea noted he and Vice-Mayor Grace were on the Commission when this program was implemented in the past. Vice-Mayor Grace thought it was a great idea to bring this program back. Craig Urbine, 1211 Stirling Road,provided an update on the Design District. 6. Public Safety Reports Donn Peterson, BSO Chief of Police, recognized Deputy Ena Connelly as District Employee of the Month for April, for her dedication to duty and outstanding service to the citizens of Dania Beach. Mayor Flury confirmed with Chief Peterson that there is a sign posted at the BSO window at City Hall notifying the public where to go in case of an emergency, as well as a call box outside City Hall. Commissioner Castro congratulated Chief Peterson and the Broward Sheriff's Office on the Community Day event held on May 21 st at Frost Park. 7. Consent Agenda Item added to Consent Agenda: #7.11 Item pulled from Consent Agenda: #7.3 7.1 Minutes: Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,May 24,2011 —7:00 p.m. A rove minutes of May 10 2011 Attorney/Client/Client Session pp Y Y Approve minutes of April 26, 2011 City Commission meeting Approve minutes of May 13, 2011 Special City Commission meeting Approve minutes of May 10,2011 City Commission meeting 7.2 Travel Requests: Request of Nick Lupo, Code Compliance Manager, to attend the FACE Conference and Educational/Training Seminar in Lake Buena Vista, Florida, from June 21-24, 2011 (Estimated cost$840.30; available budget $1,297.39) Resolutions 7.4 RESOLUTION#2011-045 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE 2011 AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH; PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE FIFTH CENT ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT ORDINANCE;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION#2011-046 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE 2011 AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH; PROVIDING FOR DIVISION AND DISTRIBUTION FROM THE PROCEEDS FROM THE LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT ORDINANCE; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION#2011-047 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE 2011 AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH; PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE LOCAL OPTION GAS TAX (SIX CENTS) IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. 7.7 RESOLUTION#2011-048 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING RESOLUTION NO. 2008-072 WHICH APPROVED THE VACATION REQUEST(VC-15-06)SUBMITTED BY RUSSELL HAYSON, REPRESENTING THE PROPERTY OWNER CRAIG LEONARD AND MONICA LEONARD, TO VACATE AND RELOCATE A DRAINAGE EASEMENT ON PROPERTY LOCATED AT 345 NE 3`d AVENUE, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS AMENDED RESOLUTION; ACCEPTING THE RELOCATED DRAINAGE EASEMENT ON BEHALF OF THE CITY;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.8 RESOLUTION #2011-049 Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,May 24,2011 —7:00 p.m. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, ESTABLISHING ANNUAL RESIDENT AND NON-RESIDENT MEMBERSHIP FEES FOR ENTRY INTO PRECIOUS PAWS DOG PARK LOCATED AT PATRICK MELI PARK; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.9 RESOLUTION#2011-050 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A SECOND AMENDMENT TO THE MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR A PORTION OF FEDERAL HIGHWAY(U.S. 1),ALSO KNOWN AS STATE ROAD 5, WHICH PORTION IS LOCATED WITHIN THE CITY, EXTENDING FROM SHERIDAN STREET NORTH TO N.E.3'STREET;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.10 RESOLUTION#2011-051 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE EXTENSION AND RENEWAL OF THE CITY'S COMPREHENSIVE INSURANCE COVERAGE PACKAGE AND WORKERS' COMPENSATION INSURANCE THROUGH BROWN &BROWN D/B/A PUBLIC RISK INSURANCE AGENCY, SUCH PACKAGE TO INCLUDE COVERAGE FOR PROPERTY AND CASUALTY, CRIME,EMPLOYEE DISHONESTY,GENERAL LIABILITY,AUTOMOTIVE LIABILITY AND PHYSICAL DAMAGE, PUBLIC OFFICIALS' LIABILITY AND EMPLOYMENT PRACTICES LIABILITY, AND WORKERS' COMPENSATION IN A COMBINED TOTAL NOT TO EXCEED EIGHT HUNDRED FORTY THOUSAND DOLLARS ($840,000.00) FOR COVERAGE BEGINNING OCTOBER 1, 2011 THROUGH SEPTEMBER 30, 2012; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Addendum 7.11 RESOLUTION#2011-052 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A CHANGE ORDER TO THE DEVELOPMENT AGREEMENT WITH DOWNTOWN DANIA BEACH DEVELOPMENT,LLC;PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Commissioner Castro motioned to adopt the Consent Agenda, with the addition of Item #7.11 and the exception of Item #7.3; seconded by Vice-Mayor Grace. The motion carried on the following 5-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Grace Yes Commissioner Duke Yes Mayor Flu Yes Y Flury Commissioner McElyea Yes 7.3 RESOLUTION#2011-044 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR A FUND TRANSFER AND APPROPRIATION OF FUNDS FOR WHITE & CASE, LLP; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday,May 24,2011 —7:00 p.m. City Attorney Ansbro read the title of Resolution#2011-044. Commissioner Duke noted he wanted the residents to know that the Commission is doing a lot to fight the Airport expansion and this appropriation of funds is a good example. Commissioner Duke motioned to adopt Resolution #2011-044; seconded by Vice-Mayor Grace. The motion carried on the following 5-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Grace Yes Commissioner Duke Yes Mayor Flury Yes Commissioner McElyea Yes 8. Bids and Requests for Proposals There were no proposals on this agenda. 9. Public Hearings and Site Plans 9.1 ORDINANCE#2011-014 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, CREATING CODE SECTION 9.70 OF CHAPTER 28 ("ZONING") OF THE CITY CODE OF ORDINANCES, SUCH SECTION TO BE ENTITLED "VACATION OF STREETS AND ALLEYS"; PROVIDING PROCEDURES FOR SUCH VACATIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance#2011-014. Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Commissioner Castro motioned to adopt Ordinance #2011-014, on second reading; seconded by Vice-Mayor Grace. The motion carried on the following 5-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Grace Yes Commissioner Duke Yes Mayor Flury Yes Commissioner McElyea Yes 9.2 ORDINANCE#2011-015 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, CREATING CODE SECTION 9-4 OF THE CITY CODE OF ORDINANCES TO BE ENTITLED "POWERS RELATED TO CITY CEMETERIES"; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance#2011-015. Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,May 24,2011 —7:00 p.m. Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Commissioner Castro motioned to adopt Ordinance #2011-015, on second reading; seconded by Commissioner Duke. The motion carried on the following 5-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Grace Yes Commissioner Duke Yes Mayor Flury Yes Commissioner McElyea Yes 9.3 ORDINANCE #2011-016 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, ADOPTING THE ANNUAL UPDATE TO THE CAPITAL IMPROVEMENTS ELEMENT OF THE CITY OF DANIA BEACH COMPREHENSIVE PLAN IN ACCORDANCE WITH SECTION 163.3177, FLORIDA STATUTES, AND AMENDING THE PUBLIC SCHOOL FACILITIES ELEMENT TO REFLECT CHANGES MADE BY THE ANNUAL UPDATE TO THE CAPITAL IMPROVEMENTS ELEMENT; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE.(SECOND READING) City Attorney Ansbro read the title of Ordinance#2011-016. Corinne Lajoie, Principal City Planner, requested a continuance until June 14, 2011. Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Commissioner Castro motioned to continue Ordinance #2011-016 until the June 14, 2011 City Commission meeting at 7:00 p.m.; seconded by Commissioner Duke. The motion carried on the following 5-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Grace Yes Commissioner Duke Yes Mayor Flury Yes Commissioner McElyea Yes 10. Discussion and Possible Action 10.1 Reconsideration of the abatement request for Jack and Bonnie Christy for property located at 205 NW 1"Avenue, Case#05-979 (Folio #0234-01-0150) Mayor Flury noted only a Commissioner can place an item for reconsideration on the agenda. The item was continued until the next City Commission meeting. 10.2 Discussion of Sidewalk Policy, Solar Street Lighting Policy, and Traffic Calming Policy Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,May 24,2011 —7:00 p.m. Commissioner Castro noted she requested this item. She expected that the items would be available for the public on the website. Commissioner Castro thanked staff for preparing a short and informative document that residents can understand. Commissioner Castro motioned to adopt the 3 policies, as presented; seconded by Commissioner Duke. The motion carried on the following 5-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Grace Yes Commissioner Duke Yes Mayor Flury Yes Commissioner McElyea Yes 11. Commission Comments 11.1 Commissioner Castro Commissioner Castro discussed the Bike Sharing program approved by Broward County. She explained that the rented bicycles will be available at various station kiosks throughout Broward County and can be returned at any location. Commissioner Castro would like to have something in writing from the County confirming that we are approved to participate in the program. She advised that City Attorney Ansbro is working on the required ordinance. Commissioner Castro spoke about the C-51 reservoir project. She asked Public Services Director Orlando to ask the South Florida Water Management District (SFWMD) to provide something in writing that confirms we are at the table. Commissioner Castro remarked that we need to bring the ordinances forward to make sure we are participating in this project. Commissioner Castro noted that Broward County does not like the idea of multi stop signs on SE 5th Avenue. She asked staff if we could reduce the request from three to two-way stop signs so the County could reconsider our application. Commissioner Duke noted that he spoke with Oscar Bello of Chen Moore and Associates, and he was not very optimistic about us getting the stop signs on SE 5t' Avenue, which is what the residents want. Commissioner Castro noted she will contact the Metropolitan Planning Organization (MPO) to see if they can assist in any possible way. However, we may need to go back to the residents for them to consider the raised intersections. She asked staff to let her know what she needs to do to help with this issue. Commissioner Castro asked staff to provide an update on the CRA community projects on a monthly basis. Commissioner Castro indicated that Bass Pro is interested in being involved in the Annual Antique Motorcycle event held at Frost Park. She said if the event moved to Bass Pro it could Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,May 24,2011 —7:00 p.m. become a very large City event. Commissioner Castro asked City Manager Baldwin to reach out to Clive Taylor to contact Danny Vinson at Outdoor World to see if they can work together. Commissioner Castro commented on a letter received from the Estates of Ft. Lauderdale regarding speed humps. She passed it on to the City Manager to implement the policy now in place. 11.2 Commissioner Duke Commissioner Duke advised he attended the County Commission meeting today, where they discussed some noise mitigation issues. They also talked about the possibility of shutting down the operation of the diagonal runway earlier than anticipated. He noted that he told the County Commission what a toll this was taking on our residents. Commissioner Duke further said that the County passed an ordinance to have aircrafts make evasive noise abating maneuvers. Commissioner Duke commented that we need better backup information on agenda items. 11.3 Commissioner McElyea Commissioner McElyea would like to name a park or city building for Milton Smith, who was killed in Vietnam. Commissioner Castro recommended the Linear Park. Commissioner McElyea noted that the street lights are out along Dania Beach Boulevard. 11.4 Vice-Mayor Grace Vice-Mayor Grace noted that this year's Relay for Life was excellent. She was pleased to see that the Dania Beach team received the #1 Fundraising Team Award. Vice-Mayor Grace further advised that Lou Ann Patellaro will be the chairperson for 2012. Vice-Mayor Grace noted the local events she attended. Vice-Mayor Grace said there is a lot of debris on Federal Highway between Kentucky Fried Chicken and Dunkin Donuts. She asked staff to make sure that both businesses clean up that corner. Vice-Mayor Grace asked everyone to start cleaning out the drains before the bad weather starts, and also remove dead trees from the swales. 11.5 Mayor Flury Mayor Flury noted she spent last Saturday at Olsen Middle School Career Day. She remarked how proud she is of our schools, our students and their scores. Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,May 24,2011 —7:00 p.m. r Mayor Flury thanked BSO for Community Day. She also expressed her gratitude to the COPS members for volunteering their time. Mayor Flury asked the Commissioners to bring their nominations for the Herman Wrice Award to the next Commission meeting. She noted that former Commissioner Anton had nominated Dick and Betty Sokol and we are waiting for any additional nominations before ordering nameplates. Mayor Flury noted she attended the Mayors Breakfast for the Fort Lauderdale Realtors Association. She said it was interesting to hear other cities talk about their financial problems. Mayor Flury stated that she did not share the views of Hollywood Mayor Peter Bober regarding their financial situation and the need to fire a staff member. She thought that when a city goes belly up, it is the Commission that should be fired because it is their responsibility to assure that the budget is the way it should be. Mayor Flury asked staff for a follow up from the recent CIP workshop in order to keep track of our capital projects. She pointed out that the debt on those projects is not sustainable and it will still need to be reduced. City Manager Baldwin advised that a budget amendment for the current year has been scheduled for the next meeting. He noted that there will be a resolution reflecting the monetary changes and staff will continue to make further cuts for the budget proposal to be presented to the Commission in August. Mayor Flury would like to reinstate the quarterly financial reports. Mayor Flury noted that we do not seem to do project management in the City, and if we do, it is not shared with the Commissioners. She would like to have a project schedule because it would be very helpful for everyone. City Manager Baldwin noted he has been working on it. Mayor Flury remarked that we cannot sustain a $27M capital budget debt on a $40M operating budget. City Manager Baldwin noted he will meet with the Commission to discuss last minute agenda items. 12. Appointments 12.1 Airport Advisory Board Commissioner Duke appointed Michael Morrison. 12.2 Marine Advisory Board Commissioner Duke appointed Peggy McKenna. Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,May 24,2011 —7:00 p.m. 12.3 Nuisance Abatement Board There were no appointments to this board. Commissioner Castro noted she has a vacancy on the Grant Advisory Board and appointed George Jason to fill the vacancy. Commissioner Castro motioned to approve the appointments; seconded by Commissioner Duke. The motion carried on the following 5-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Grace Yes Commissioner Duke Yes Mayor Flury Yes Commissioner McElyea Yes 12.4 Police and Fire Pension Board Confirm appointment of Carolyn Jones as 9th Member appointed by the Board Commissioner Castro motioned to confirm the appointment of Carolyn Jones as the 91h Member appointed by the Board; seconded by Commissioner McElyea. The motion carried on the following 4-1 Roll Call vote: Commissioner Castro Yes Vice-Mayor Grace No Commissioner Duke Yes Mayor Flury Yes Commissioner McElyea Yes 13. Administrative Reports 13.1 City Manager City Manager Baldwin noted that he received revised figures from BSO for next year's budget and they have been able to lower the contract price. 13.2 City Attorney City Attorney Ansbro reported on today's Broward League of Cities Task Force on Ethics meeting, which was very productive. He explained some of the issues discussed which he will forward to the Commission. 13.3 City Clerk- Reminders Tuesday, May 31, 2011 - 6:00 p.m. Special City Commission Meeting Wednesday, June 1,2011 - 6:00 p.m. CRA Board Meeting Tuesday, June 14, 2011 - 7:00 p.m. City Commission Meeting Tuesday, June 28, 2011 - 7:00 p.m. City Commission Meeting Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday,May 24,2011 —7:00 p.m. 14. Adjournment Mayor Flury adjourned the meeting at 8:30 p.m. ATTEST: CITY OF DANIA BEACH _ �U 1V OQ,O�p�D,S F1�TC'�f LOUISE STILSON, CMC PATRICIA A. FLURY CITY CLERK MAYOR-COMMISSIONER Approved: June 14, 2011 ,titer, "vRAI60 1 Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,May 24,2011 —7:00 p.m. gq. 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: MAY 20 I) PRINT NAME: a&o JASaW ADDRESS: ifsjf� 5/✓ 3��`�AvE., /�A,v,R IACW, 3 33/Z PHONE NO. (optional): _ 1 qs-4( 1?9 7 - #,.31f7 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: aF /-/vit a CM 611 r,Ns AIS 96a9 ,9s AoQ 0 P-4 � CAI Z� Jrr yXS,. ynrOs IMP 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 I 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 COMMISSIQ MEETING: 320 ff� PRINT NAME: l ADDRESS: t v� jig" U� PHONE NO. (optional): PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW: --- 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: � 1-�20_4 PRINT NAME: L-1 v"� ADDRESS: I S w PHONE NO. (optional): s I `' �r3 PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW: 1) P-.,1, CITIZEN COMMENTS: Comments by Dania Beach citizens or interested parties that are not part of the regular printed agenda may be made during each Commission meeting during the period set aside for"Citizen Comments." A thirty(30)minute"Citizen Comments"period shall be designated on the agenda for citizens and interested persons to speak on matters not scheduled on that day's agenda. The citizen comments' period shall begin promptly at 7:30 PM. Each speaker shall be limited to 3 minutes for his or her comments. Persons desiring to speak during the citizen comment period shall inform the City Clerk immediately prior to the beginning of the meeting of their intention to speak. If more than 10 speakers express a desire to speak, the Commission shall determine on a meeting by meeting basis whether to (a) extend the time allotted for citizen comments to accommodate all speakers, or (b) whether to limit the number of speakers or amount of time per speaker. A speaker's time shall not be transferable to another speaker. PLEASE BRIEFLY DESCRIBE THE SUBJECT MATTER OF YOUR COMMENT: 2) PUBLIC HEARINGS—ITEM# (AS PRINTED ON AGENDA) PLEASE NOTE: IF YOU WISH TO SPEAK ON AN ITEM THAT PERTAINS TO A"ZONING"TYPE OF MATTER(FOR EXAMPLE,A SITE PLAN,VARIANCE, SPECIAL EXCEPTION OR SIMILAR TYPE OF ITEM KNOWN AS A"QUASI-JUDICIAL" MATTER, YOU ARE SUBJECT TO BEING ASKED TO SWEAR OR AFFIRM THAT YOU WILL BE TRUTHFUL AS TO YOUR COMMENTS OR TESTIMONY. YOU MAY ALSO BE SUBJECT TO QUESTIONS ASKED OF YOU BY AN APPLICANT OR AN APPLICANT'S REPRESENTATIVE OR ATTORNEY WHICH RELATE TO THE ITEM. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS,AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION REQUIRED-REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY PERSON, FIRM OR CORPORATION IS. BEING PAID TO LOBBY ANY CITY COMMISSIONER ON ANY MATTER OR ISSUE PURSUANT TO CITY ORDINANCE NO. 01-93. REGISTRATION FORMS AND COPIES OF THE ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE AT CITY HALL. G:\Agenda\PUBLIC SPEAKING FORM.doc REQUEST TO ADDRESS CITY COMMISSION AT REGULAR OR SPECIAL MEETINGS The City is required by state law to keep minutes of City Commission meeting . T roperly identify persons who address the City Commission in those minutes, the City requests that is form be completed and provided to the City Clerk, before the meeting begins. DATE OF COMMISSION MEETING: ,20�� PRINT NAME: ADDRESS: 4 z7 PHONE NO. (optional): PLEASE CHE9k 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:1Agenda\PUBLIC SPEAKING FORM.doc CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: May 24, 2011 TO: Robert Baldwin, City Man;14� VIA: Robert Daniels, Director FROM: Corinne Lajoie, AICP, Principal Planner cam, ` SUBJECT: LU-08-11: Update the Public School Facilities Element of the City's Comprehensive Plan, reflecting the second amendment to the Broward County School Board Interlocal Agreement and approval of the annual update of the Capital Improvement Element within the City's Comprehensive Plan (SECOND READING). Staff is requesting this item be continued to the June 14,2011 City Commission meeting to allow staff time to determine the impacts of the recent Florida State legislative session on the proposed action. CITY COMMISSION On May 10, 2011 the City Commission passed the property amendments on first reading. LOCAL PLANNING AGENCY On April 20, 2011 the Local Planning Agency recommended approval of the amendments. PREVIOUS CITY COMMISSION ACTION On May 10, 2011 the City Commission heard this item on first reading. On April 14, 2010 the City Commission approved the Second Amendment to the Broward County School Board Interlocal Agreement. On January 15, 2008 the City Commission approved the first amendment to the Broward County School Board Interlocal Agreement that was amended to comply with amendments to the Florida Statues resulting from Senate Bill 360. On April 22, 2003, the City Commission approved a resolution adopting the Broward County School Board Interlocal Agreement. STAFF RECOMMENDATION Continue to June 14, 2011. 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 May 24, 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. 2011-014 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, CREATING CODE SECTION 9.70 OF CHAPTER 28 ("ZONING") OF THE CITY CODE OF ORDINANCES, SUCH SECTION TO BE ENTITLED "VACATION OF STREETS AND ALLEYS"; PROVIDING PROCEDURES FOR SUCH VACATIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 2011-015 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, CREATING CODE SECTION 9-4 OF THE CITY CODE OF ORDINANCES TO BE ENTITLED "POWERS RELATED TO CITY CEMETERIES"; 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, May 13, 2011 FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE Duke, III,Walter B. Dania Beach City Commission MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON 2860 Marina Mile,Suite 109 RECEIVED WHICH I SERVE IS A UNIT OF: CITY fniiNT 2011 ❑CITY COUNTY []OTHER LOCAL AGENCY 19AYDania Beach NAME OF POLITICAL SUBDIVISION: Dania Beach DATE ON WHICH VOTE OCCURRED MY POSITION IS: May 24th 2011 BY• 0 ELECTIVE APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county,city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency)by whom he or she is retained(including the parent organization or subsidiary of a corporate principal by which he or she is retained);to the special private gain or loss of a relative; or to the special private gain or loss of a business associate.Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S.,and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a"relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law.A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). « « « « « « « « ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting;and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting,who should incorporate the form in the minutes. « « « « « « « « APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on other side) � J APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency,and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I Walter B. Duke, III ,hereby disclose that on May 24th 2011 (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: Out of an abundance of caution and transparency, I abstained from voting because my wife, Lisa Duke consults for American Maritime Officers. Lisa is assisting with the grand opening special event of the AMO National Headquarters to be held on June 7th 2011. We are fortunate to have this fine group headquartered in our city and I am very proud of Lisa's contribution to AMO and also this important event. Date Filed ignature 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