HomeMy WebLinkAboutMinutes of Regular Meeting - 6/28/2011 MINUTES OF REGULAR MEETING
DANIA BEACH CITY COMMISSION
TUESDAY, JUNE 28, 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 Allegiance
Pastor Mario Cinelli, Lighthouse Community Church, gave the invocation followed by the
Pledge of Allegiance to the United States Flag.
3. Presentations and Special Event Approvals
3.1 Senator Eleanor Sobel—Legislative Update
U.S. Senator Eleanor Sobel provided an update of this year's Legislative session. She noted that
we need to address the internet issue because we are losing taxes due to businesses closing
because information is available on the internet. Senator Sobel thanked the Commission for their
continued fight against the Airport expansion. She was pleased to report that the Legislature
approved the "Pill Mill" bill prohibiting on-site dispensing of controlled substances by pain
management clinics.
3.2 Estate Auction Company—Business Tax Receipt Annual Renewal
3.3 Kodner Galleries—Business Tax Receipt Annual Renewal
3.4 Stampler Auction—Business Tax Receipt Annual Renewal
3.5 Peggy Lee—Business Tax Receipt Annual Renewal
3.6 Sophia's Psychic Shop—Business Tax Receipt Annual Renewal
3.8 Psychic Boutique—Business Tax Receipt New Application
Vice-Mayor Grace motioned to approve the Business Tax Receipt for Items #3.2, #3.3, #3.4,
#3.5, #3.6 and #3.8; seconded by Commissioner Castro. 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
3.7 Psychic Life Reading—Business Tax Receipt Annual Renewal
Nick Lupo, Code Compliance Manager, explained that Psychic Life Reading has some code
violations that need to be addressed. He said that their license should not be renewed until they
are in compliance.
Commissioner Castro motioned to deny the Business Tax Receipt Annual Renewal for
Psychic Life 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
4. Proclamations
There were no proclamations at this meeting.
5. Citizen Comments
Patrick McHugh, President of Finish Line Feed, Inc., 35 NW 3rd Avenue, noted they trimmed a
tree that had excessive powerlines running through it. He said the cost for the permit was
$2,000.00 to remove a Mahogany tree. Mr. McHugh advised that the City arborist told him to
remove the tree but he only wanted to have the branches trimmed. He thought this was an
unnecessary burden to place on a business. Mr. McHugh remarked that his business has been in
Dania Beach for over 20 years and he has never been cited for any violation.
Commissioner McElyea noted that most residents are unaware they are required to obtain a
permit to trim or cut down a tree. He stated that Mr. McHugh has always been a good corporate
citizen and should not have to expend this money during these difficult times.
Commissioner Castro said we need to get a policy and leave businesses and homeowners alone
to maintain their properties and their trees.
Minutes of Regular Meeting 2
Dania Beach City Commission
Tuesday,June 28,2011 —7:00 p.m.
Vice-Mayor Grace sympathized with Mr. McHugh.
Commissioner Duke noted the Commission is in agreement, and added that our arborist is out of
control. He said that we have to unwind this for Mr. McHugh and help with his situation; then
we need to revisit the whole policy.
Mayor Flury noted that Community Development Director Daniels will contact Mr. McHugh in
the morning to discuss this matter. She remarked that the tree does not need to come down.
City Manager Baldwin clarified that the code needs to be revised.
Commissioner Castro questioned why a permit is needed to trim a tree.
City
Attorney Ans br o explained the County passed a minimum landscape code and we need to
abide by it.
Linda Sacco, 4481 SW 38`h Terrace, addressed two items on the Broward County Commission
agenda today, regarding wetland mitigation and a related agreement executed in 1996 which they
are willing to honor. She commented that Broward County does not want to honor the Interlocal
Agreement with the City concerning the Airport expansion which was signed in 1995. Ms.
Sacco wished the County would treat citizens like they treat businesses.
6. Public Safety Reports
Donn Peterson, BSO Chief of Police, recognized Deputy Jennifer Weir for apprehending a
criminal and for her dedication to duty. He also recognized Detective Randy Graham for a job
well done. Chief Peterson reported the summer program for juveniles is a big success. Lastly,
he presented Commander Michael Grimm with his longevity pin from BSO for 25 years of
service.
Vice-Mayor Grace noted the Parks and Recreation Department will be posting signs stating
alcohol and drugs are prohibited in our parks. She also thanked BSO for participating in the
home and landscaping improvements in the NW section of the City.
Commissioner Castro thanked the BSO team for their immediate attention to the ongoing issues
in the southeast area. She further expressed her appreciation to BSO and City Manager Baldwin
for the opportunity to meet with their executive command and listening to our concerns.
Commissioner Castro further thanked Commander Grimm for his continued service to the
community.
7. Consent A eg nda
Items added to Consent Agenda: #7.8
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Dania Beach City Commission
Tuesday,June 28,2011 —7:00 p.m.
Items removed from Consent Agenda: #7.5, #7.8
7.1 Minutes:
Approve minutes of June 16, 2011 Attorney Client Session(Jutz)
Approve minutes of June 16, 2011 Attorney Client Session (FLL)
Approve minutes of June 14, 2011 City Commission Meeting
7.2 Travel Requests:
Request of Kristen Jones, Director of Parks and Recreation, to attend the FFEA Annual
Convention and Trade Show in Naples, Florida, on August 10-12, 2011, for certification
purposes (Estimated cost $799)
Resolutions
7.3 RESOLUTION #2011-062
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH BROWARD
COUNTY TO FURNISH AND INSTALL BUS SHELTER IMPROVEMENTS; PROVIDING FOR CONFLICTS;
FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
7.4 RESOLUTION #2011-063
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, DECLARING
CERTAIN VEHICLES AND EQUIPMENT TO BE OBSOLETE, SURPLUS, AND OF NO FURTHER USE TO
THE CITY OF DANIA BEACH; DECLARING THE INTENT OF THE CITY TO DISPOSE OF SAME AT THE
DIRECTION OF THE CITY MANAGER; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
Ordinances (Titles read by City Attorney)
7.6 ORDINANCE#2011-021
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA PERTAINING TO FLOOD REGULATIONS;
AMENDING CHAPTER 12, "FLOOD DAMAGE PREVENTION" OF THE CITY CODE OF ORDINANCES;
AMENDING SECTION 12-5 ("DEFINITIONS"); AMENDING ARTICLE 11, "ADMINISTRATION", CODE
SECTION 12-31 ('DESIGNATION OF BUILDING OFFICIAL"), SECTION 12-32 ("DUTIES AND
RESPONSIBILITIES OF THE BUILDING OFFICIAL"), SECTION 12-34("VARIANCE PROCEDURES"), AND
SECTION 12-52 ("SPECIFIC STANDARDS"); PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)
7.7 ORDINANCE#2011-022
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, ADOPTING
A MODIFICATION TO THE CAPITAL IMPROVEMENT SCHEDULE OF THE CITY OF DANIA BEACH,
PURSUANT TO SECTION 163.3177, FLORIDA STATUTES; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)
Minutes of Regular Meeting 4
Dania Beach City Commission
Tuesday,June 28,2011 —7:00 p.m.
Vice-Mayor Grace motioned to adopt the Consent Agenda, with the addition of Item #7.8,
and the exception of Items #7.5 and #7.8; seconded by Commissioner Castro. 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
7.5 ORDINANCE#2011-020
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING
SECTION 6-15, ENTITLED "SURFING RESTRICTED TO SPECIFIED AREA, TIME", OF ARTICLE 1,
ENTITLED "IN GENERAL", OF THE CODE OF ORDINANCES, PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST
READING) (Continued from June 14,2011)
Javier Canut, Chief Ocean Rescue, explained where surfing would be allowed on Dania Beach.
He further clarified this would expand the surfing area.
Commissioner Castro motioned to adopt Ordinance #2011-020, on first 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
Addendum
7.8 RESOLUTION#2011-064
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A CHANGE ORDER RELATED TO THE
US-1 RIGHT-OF-WAY IMPROVEMENTS PROJECT BY REDUCING AND DEDUCTING AN AMOUNT OF
$175,858.27 FROM THE ORIGINAL AGREEMENT TOTAL; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution#2011-064.
Dominic Orlando, Director of Public Services, noted that this is the first part of this project. He
further said that the watermain issue was removed and is now a separate job. Director Orlando
indicated that the referenced cost will include Stirling Road to Old Griffin Road.
Commissioner Castro confirmed with Director Orlando that Phase II of the project is being
designed and would be re-bid.
Jeremy Earle, CRA Executive Director, explained the change in the scope of the project.
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Dania Beach City Commission
Tuesday,June 28,2011 —7:00 p.m.
Commissioner Castro noted that the project will begin July 5, 2011, and would be completed by
the end of the year. She warned residents that traffic will be interrupted during construction but
the results will be a great enhancement to the US 1 Corridor. Lastly, Commissioner Castro
clarified that this is a project of over$1 M and will be done in two phases.
Commissioner Castro motioned to adopt Resolution #2011-064; 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
8. Bids and Requests for Proposals
8.1 RESOLUTION #2011-056
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING
TO THE AWARD OF CONTRACT FOR THE CONSTRUCTION OF THE WATER AND FORCE MAIN
SUBAQUEOUS CROSSINGS;AUTHORIZING THE AWARD TO INTERCOUNTY ENGINEERING, INC. FOR
CONSTRUCTION ACTIVITIES IN AN AMOUNT NOT TO EXCEED $755,449.00; AUTHORIZING THE
PROPER CITY OFFICIALS TO EXECUTE THE AGREEMENT; DESIGNATING AUTHORIZED
REPRESENTATIVES;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (Continued from June 14,2011)
City Attorney Ansbro read the title of Resolution#2011-056.
Dominic Orlando, Director of Public Services, explained the scope of the project. He clarified
the construction is under the Dania Cut-Off Canal at NE 71" Avenue. Director Orlando remarked
this project needs to be done as soon as possible.
Commissioner Castro motioned to adopt Resolution #2011-056; 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. Public Hearings and Site Plans
9.1 ORDINANCE #2011-019
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING
SECTION 11-46.1, ENTITLED "ESTABLISHMENT OF FEES" OF CHAPTER 11, ENTITLED "FIRE
PROTECTION AND PREVENTION", OF THE CITY CODE OF ORDINANCES, TO PROVIDE FOR FIRE
SAFETY INSPECTION FEES TO BE PAID ANNUALLY IN CONJUNCTION WITH THE PAYMENT FOR
ISSUANCE OF ANNUAL BUSINESS TAX RECEIPTS; PROVIDING FOR SEVERABILITY, PROVIDING
FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING)
Minutes of Regular Meeting 6
Dania Beach City Commission
Tuesday,June 28,2011 —7:00 p.m.
City Attorney Ansbro read the title of Ordinance #2011-019.
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 #2011-019, 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#2011-016
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) (Continued from May 24,2011
and June 14,2011) REQUEST TO WITHDRAW
City Attorney Ansbro read the title of Ordinance #2011-016. He noted that the Director of
Community Development has requested that this item be withdrawn from the agenda.
Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or
opposition, she closed the Public Hearing,
9.3 ORDINANCE#2011-018
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING
THE DEVELOPMENT ORDER FOR THE DESIGN CENTER OF THE AMERICAS DEVELOPMENT OF
REGIONAL IMPACT ADOPTED BY CITY OF DANIA ORDINANCE NO. 20, AS AMENDED BY
ORDINANCE NOS. 04-84; 22-84; 05-87; 02-88;23-90; 47-91; 04-96; 2000-017; 2000-051; 2002-022 AND 2007-
031 TO MODIFY THE PHASING SCHEDULE DESCRIBED IN THE DESIGN CENTER OF THE AMERICAS
APPLICATION FOR DEVELOPMENT APPROVAL AND TO MODIFY THE DEVELOPMENT OF
REGIONAL IMPACT MASTER PLAN (MAP H-1); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE. (SECOND READING)
City Attorney Ansbro read the title of Ordinance 42011-018.
Corinne Lajoie, AICP, Principal City Planner, provided an overview of the request. She noted
that staff supports the request.
Mayor Flury opened the Public Hearing.
Commissioner Duke noted the building looks very nice. He questioned if they could do
something about the vacant lot near the property which is an entrance to our City.
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Dania Beach City Commission
Tuesday,June 28,2011 —7:00 p.m.
Bill Laystrom, attorney for Cohen Brothers Development Corporation, noted that they contacted
the Florida Department of Transportation (FDOT) and they were unaware of the property. He
said they will trim the property and try to maintain it as best as possible. Attorney Laystrom
advised that they are currently re-landscaping their property.
Seeing as there was no one else to speak in favor or opposition, Mayor Flury closed the Public
Hearing.
Commissioner Castro motioned to adopt Ordinance #2011-018, 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
City Attorney Ansbro advised the remaining item was a quasi-judicial matter and swore-in those
who would speak. He asked the Commission to disclose any communication they had on this
matter.
Commissioner Duke recused himself from this matter.
9.4 RESOLUTION #2011-061
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
THE REQUEST FOR MODIFICATIONS TO SITE PLAN SP-46-07, APPROVED BY RESOLUTION 2007-236
ON DECEMBER 11, 2007, SUBMITTED BY DAVID ZELCH, REPRESENTING THE PROPERTY OWNER
AMERICAN MARITIME OFFICERS UNION FOR PROPERTY LOCATED AT 601 SOUTH FEDERAL
HIGHWAY IN DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution#2011-061.
Corinne Lajoie, AICP, Principal Planner, noted that the applicant is requesting the following
changes: the monument sign base from gray to black and the AMO logo from a white
background to black. She provided an overview of the project. Ms. Lajoie advised that the CRA
director as well as staff recommend approval of the request.
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 Resolution #2011-061; seconded by Vice-Mayor
Grace. The motion carried on the following 3-1 Roll Call vote:
Commissioner Castro Yes Vice-Mayor Grace Yes
Commissioner Duke Recused Mayor Flury Yes
Commissioner McElyea No
Minutes of Regular Meeting 8
Dania Beach City Commission
Tuesday,June 28,2011 —7:00 p.m.
10. Discussion and Possible Action
10.1 Financial Impacts for Airport Affected Properties — Responses to Request for Letters
of Interest (Continued from June 14, 2011) REQUEST TO WITHDRAW
City Attorney Ansbro noted the Director of Community Development requested that this item be
withdrawn from the agenda.
Commissioner Castro motioned to withdraw Item #10.1; 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
10.2 Discussion of Pier Restaurant
Vice-Mayor Grace said we should not have any outsiders come in to run the pier operation on a
temporary basis. She requested that photographs be taken before and after the tenants move.
Vice-Mayor Grace noted we need to get the people currently running the pier operations out of
there. She suggested asking Mr. Streeter, a previous operator, to run the operation temporarily.
Commissioner Castro suggested we continue to use the present operators of the bait shop; they
have no ties to the restaurant operators. She thought the City should initially maintain the
operation of the pier until we have time to make our long term plans. Commissioner Castro
stated that the proposed Request for Proposals should be for the restaurant only. She remarked
that the City should never give up the operation of the pier or the concessions of the beach.
Commissioner Castro noted that the Finance Department needs to implement a stringent
accounting process to validate the receipts. She agreed with Commissioner Duke's
recommendation to master plan the entire beach area.
Commissioner Duke noted we should master plan the beach. We should not dictate what
restaurant goes in; we should let the market decide what will do well. He agreed with the
suggestion made by City Manager Baldwin and City Attorney Ansbro to have Westrec manage
the pier temporarily, because it would be a natural extension of what they are doing.
Commissioner Duke would like consensus for the City Manager on what to do. He
recommended the City Manager operate the temporary management of the pier. Commissioner
Duke pointed out that we should try to have a new restaurant in operation by October.
Commissioner McElyea noted the location is not right for a top notch restaurant and thought it
should be more casual.
Commissioner Duke noted it is important to let the Dania Beach Bar& Grill know that we intend
to keep their lease.
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Dania Beach City Commission
Tuesday,June 28,2011 —7:00 p.m.
City Manager Baldwin noted he contacted Westrec and they said they were willing to help
secure the property and run it until we decide what to do with the property.
Commissioner Castro noted if we give it to Westrec they are independent contractors. She
thought we could temporarily hire the current employees as independent contractors with no
benefits.
Commissioner McElyea agreed with Commissioner Castro.
Mayor Flury agreed with Commissioner Castro because Westrec does not manage piers. She
concurred that the Finance Department needs to get a clear understanding of the finances.
City Attorney Ansbro noted the labor attorneys are concerned about temporary employees due to
FRS and other benefit issues. He indicated he will again be discussing the matter with them
tomorrow and report back to the Commission.
It was the consensus of the Commission to hold on to the people who are currently operating the
pier on a temporary basis.
City Attorney Ansbro stated that he wants the employees currently running the pier operation to
be thoroughly interviewed.
It was the consensus of the Commission to RFP the restaurant lease.
Commissioner Castro wants to review the concessions regarding a possible discount for residents
and seniors.
City Manager Baldwin noted that we will need to make some improvements to the bait shop.
Colin Donnelly, Assistant City Manager, explained that the settlement agreement with Allegria
Entertainment stipulates that the tenants take their personal property without touching the
fixtures. He pointed out that most of the equipment inside the bait shop belongs to Mr. Jutz. The
concessions are part of the lease with Mr. Jutz so we can renegotiate with the vendor. Assistant
City Manager Donnelly further noted that the parking will also change and a new parking meter
machine will be added. The City will have control of the parking, making it available 24 hours a
day.
11. Commission Comments
11.1 Commissioner Castro
Commissioner Castro confirmed the budget workshop would be Monday, July 18 at 6:00 p.m. in
the Commission Chamber. She asked everyone to participate in the upcoming budget
workshops.
Minutes of Regular Meeting 10
Dania Beach City Commission
Tuesday,June 28,2011 —7:00 p.m.
Commissioner Castro referred to a video about our parking garage. She said the parking garage
is a valuable asset and the report in the news was a disservice to the City. Commissioner Castro
did not want the residents to believe that the parking garage is a waste of our citizens' money.
11.2 Commissioner Duke
Commissioner Duke thanked those who regularly attend our Commission meetings for their
participation.
11.3 Commissioner McElyea
Commissioner McElyea commented on the tree permit issue discussed under Citizen Comments.
He thought Mr. McHugh should not have to pay for any permit.
Commissioner McElyea spoke about a new company along 41h Avenue which is a junkyard. He
noted they have a broken sidewalk and should be cited by Code.
Commissioner McElyea noted that the railroad has not been cited for not mowing their lawn next
to the warehouse.
11.4 Vice-Mayor Grace
Vice-Mayor Grace thought the consensus was for Mr. McHugh to work with Community
Development Director Daniels and there would be no charge.
Vice-Mayor Grace noted that Progress in the Park will take place on August 6, 2011. She
indicated that we did not give any donations last year because we did not have any funding
available. Vice-Mayor Grace would like someone on the Commission to attend this year's event
because she will not be able to participate.
Vice-Mayor Grace expressed her disappointment about a phone call she received from a
gentleman who was at City Hall. She noted that he has pending litigation against the City and
was told to call her.
11.5 Mayor Flury
Mayor Flury noted she met John W. Scott, the new Broward County Inspector General. She
advised that the County ethics code is moving along.
12. Appointments
Commissioner Castro appointed Jackye Clayton to the Marine Advisory Board.
Commissioner Duke appointed Jocelyn Lummis to the Airport Advisory Board.
Minutes of Regular Meeting 11
Dania Beach City Commission
Tuesday,June 28,2011 —7:00 p.m.
Commissioner Castro motioned to approve the appointments; 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
13. Administrative Reports
13.1 City Manager
City Manager Baldwin spoke about the SE 5ch Avenue traffic calming public survey. He noted
that so far 94.2% of the residents have approved the proposal on the City's Web Site.
It was the consensus of the Commission to move forward with the project.
13.2 City Attorney
City Attorney Ansbro noted that the Commission had identified certain properties to be surplus.
He said the next step would be to have them appraised as required by the Charter. City Attorney
Ansbro recommended using Harry C. Newstreet and Associates or Edgar Woolslair and
Associates for the appraisal of those properties.
It was the consensus of the Commission to move forward with the appraisals of the properties.
13.3 City Clerk - Reminders
Wednesday, July 6, 2011 —6:00 p.m. CRA Board Meeting
Tuesday, July 12, 2011 —7:00 p.m. City Commission Meeting
Monday, July 18, 2011 —6:00 p.m. Special Budget Meeting
Commissioner Castro commented it would be better to hold the Special Budget meeting during
the first half of July, considering some Commissioners may have plans for their summer
vacation. She suggested Thursday, July 14 at 6:00 p.m.
City Manager Baldwin noted staff will do their best to change the meeting to an earlier date.
14. Adjournment
Mayor Flury adjourned the meeting at 9:03 p.m.
Minutes of Regular Meeting 12
Dania Beach City Commission
Tuesday,June 28,2011 —7:00 p.m.
ATTEST: CITY�OF DANIA BEACH
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LOUISE STILSON, CMC PATRICIA A. FLURY
CITY CLERK MAYOR
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Minutes of Regular Meeting 13
Dania Beach City Commission
Tuesday,June 28,2011 —7:00 p.m.
FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE
Duke,III,Walter B. Dania Beach City Commission
MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON
2860 Marina Mile,Suite 109 WHICH 1 SERVE IS A UNIT OF:
CITY COUNTY E]CITY ❑COUNTY []OTHER LOCAL AGENCY
Dania Beach NAME OF POLITICAL SUBDIVISION:
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DATE ON WHICH VOTE OCCURRED MY POSITION IS:
06/2/2011 ELECTIVE 0 APPOINTIVE
WHO MUST FILE FORM 8B
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.
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TAKEN:
• You must complete and file this form(before making any attempt to influence the decision)with the per e
minutes of the meeting,who will incorporate the form in the minutes. (Continued on other side) RECEIVED
B
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
Walter B. Duke, III ,hereby disclose that on June 28th 20 11
(a)A measure came or will come before my agency which(check one)
Q 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 Union and they had an item on the agenda
relative to a minor color change to their monument sign for the new AMO Union National
Headquarters in Dania Beach.
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 813-EFF.U2000 PAGE 2
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: 20
PRINT NAME: P4(•-r^/'c� M Pr s r r��•,`t— �'�/'st,L��e �c-c�-E—.,c
ADDRESS:
PHONE NO. (optional): � � �'� r`4 !`-(
PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW:
1) 2/l/ 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: - ,, lu&C,. � , 20A
PRINT NAME: 1_J �G�SACtl_o
ADDRESS: ? cat SW 34Y 7—ei%k ,
PHONE NO. (optional):
PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW:
1) e-' 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:
lbe, aayww�_s bAd&ti d Coy -&
2) LJI 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
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 June 28, 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. 2011-019
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AMENDING SECTION 11-46.1, ENTITLED "ESTABLISHMENT OF FEES" OF
CHAPTER 11, ENTITLED "FIRE PROTECTION AND PREVENTION", OF THE CITY
CODE OF ORDINANCES, TO PROVIDE FOR FIRE SAFETY INSPECTION FEES TO BE
PAID ANNUALLY IN CONJUNCTION WITH THE PAYMENT FOR ISSUANCE OF
ANNUAL BUSINESS TAX RECEIPTS; 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, June 17, 2011