HomeMy WebLinkAboutMinutes of Meeting - June 26, 2012 MINUTES OF REGULAR MEETING
DANIA BEACH CITY COMMISSION
TUESDAY, JUNE 26, 2012 - 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: C. K. "Mac"McElyea
Commissioners: Anne Castro
Walter Duke
Bobbie H. Grace
City Manager: Robert Baldwin
City Attorney: Thomas Ansbro
Deputy City Clerk: Tom Schneider
2. Invocation and Pledge of Allegiance
Jim Silvernale, member of the Dania Beach Lions Club, gave the invocation followed by the
Pledge of Allegiance to the United States Flag.
3. Presentations and Special Event Approvals
3.1 Special Event request from the Broward County Environmental Protection and
Growth Management Department for their annual "Ocean Conservancy's
International Coastal Cleanup" on Saturday, September 15, 2012, from 9:00 a.m. to
12:00 p.m., on Dania Beach (Frank C. "Tootsie Adler" Park). The applicant is also
requesting a waiver of parking fees for all participants of the clean-up.
Commissioner Castro motioned to approve the Special Event request for Ocean
Conservancy's International Coastal Cleanup; seconded by Commissioner Duke. The
motion carried on the following 5-0 Roll Call vote:
Commissioner Castro Yes Vice-Mayor McElyea Yes
Commissioner Duke Yes Mayor Flury Yes
Commissioner Grace Yes
3.2 Special Event request from Commissioner Bobbie H. Grace, Dania Economic and
Development Corporation, for a "Community Fellowship Day" to honor C.W.
Thomas, to be held at C.W. Thomas Park, 100 N.W. 8th Avenue, from 11:00 a.m. -
5:00 p.m., Saturday, July 21, 2012.
Commissioner Castro motioned to approve the Special Event request for the Community
Fellowship Day; seconded by Commissioner Duke. The motion carried on the following 5-0
Roll Call vote:
Commissioner Castro Yes Vice-Mayor McElyea Yes
Commissioner Duke Yes Mayor Flury Yes
Commissioner Grace Yes
4. Proclamations
4.1 Dania Beach Lions Club 65 to
Diamond Jubilee Anniversary
Mayor Flury presented the proclamation to Jim Silvernale and other members of the Dania
Beach Lions Club.
Mr. Silvemale thanked the Commissioners and City staff for the use of City facilities for their
meetings, and said the organization enjoys working in the community.
5. Citizen Comments
Christine Douglas, 4665 SW 38 Terrace, thanked the Commission for everything being done for
the Davis Isles neighborhood.
Kelvin Daise, 110 NW 14 Avenue, spoke about the lack of Fire Rescue billing itemization
relative to charges for mileage, routes taken, and tending paramedics.
After a brief discussion, Mayor Flury suggested City Manager Baldwin and the Fire Chief meet
to ascertain the billing system's data capabilities, and advise Mr. Daise accordingly.
6. Public Safety Reports
Donn Peterson, BSO Chief of Police, introduced Lt. Will Jackson, who is replacing recently
retired Assistant Chief Grimm, and spoke about his background.
Chief Mike Cassano, BSO Fire Rescue, noted he is temporarily fulfilling liaison duties in place
of retired Deputy Fire Chief Raiken, and spoke about a handout distributed to the Commissioners
regarding a summer season safety initiative pertaining to fireworks safety and drowning
prevention.
Minutes of Regular Meeting 2
Dania Beach City Commission
Tuesday,June 26,2012—7:00 p.m.
7. Consent Agenda
Items added to Consent Agenda: #7.8
Items removedfrom ConsentAgenda: #7.3, #7.4, #7.7
7.1 Minutes:
Approve minutes of June 12, 2012 City Commission meeting
7.2 Travel Requests: None
Resolutions
7.5 RESOLUTION #2012-077
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A COMMERCIAL CONTRACT BETWEEN
THE CITY AND LILLIE M. HOBBS TO ALLOW HER TO PURCHASE SURPLUS PROPERTY LOCATED AT
715 NW 1ST STREET IN DANIA BEACH, FLORIDA; PROVIDING FOR FUNDING; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
7.6 RESOLUTION #2012-078
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE CITY MANAGER TO PURCHASE ELECTRICAL CONSTRUCTION SERVICES FROM
R & R ELECTRIC OF BROWARD, INC., FOR IMPROVEMENTS AT THE DANIA BEACH PIER AND PIER
RESTAURANT IN AN AMOUNT NOT TO EXCEED FIFTY-TWO THOUSAND TWO HUNDRED TWENTY
DOLLARS ($52,220.00) WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR
BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Addendum
7.8 Auctioneer and Fortune Teller Business Tax Renewals for Fiscal Year 2013
• Estate Auction Company—6 S. Federal Highway
• Stampler Auctions— 1914 Tigertail Boulevard
• Warner Galleries— 17 S. Federal Highway
• Sophia's Psychic Shop—2511 Stirling Road
• Psychic Life Readings—4409 Stirling Road
Commissioner Grace motioned to adopt the Consent Agenda, with the addition of Item
#7.8, and with the exception of Items #7.3, #7.4, and #7.7; seconded by Commissioner
Castro. The motion carried on the following 5-0 Roll Call vote:
Commissioner Castro Yes Vice-Mayor McElyea Yes
Commissioner Duke Yes Mayor Flury Yes
Commissioner Grace Yes
7.3 RESOLUTION #2012-075
Minutes of Regular Meeting 3
Dania Beach City Commission
Tuesday, June 26, 2012—7:00 p.m.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A THIRD AMENDMENT TO AN
INTERLOCAL AGREEMENT EXISTING BETWEEN BROWARD COUNTY AND THE CITY OF DANIA
BEACH, FLORIDA, FOR BUILDING CODE SERVICES TO BE PERFORMED BY THE BROWARD COUNTY
PERMITTING, LICENSING AND CONSUMER PROTECTION AND GROWTH MANAGEMENT
DEPARTMENT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution #2012-075.
Commissioner Castro commented about the previous time this matter came up. She confirmed
this is an outsourced contract service with Broward Count and is a as you o for only the
Y pay Y g Y
hours necessary to complete work assignments. She referred to an issue in Melaleuca
concerning the airport and noise proofing, and felt it is particularly beneficial to have Broward
County as the contractor in this case because of what is happening with that permitting process.
Commissioner Castro motioned to adopt Resolution #2012-075; seconded by Commissioner
Grace. The motion carried on the following 5-0 Roll Call vote:
Commissioner Castro Yes Vice-Mayor McElyea Yes
Commissioner Duke Yes Mayor Flury Yes
Commissioner Grace Yes
7.4 RESOLUTION #2012-076
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN INTERLOCAL AGREEMENT
BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH, FLORIDA, FOR "GO SOLAR"
BUILDING PERMIT-RELATED SERVICES TO BE PERFORMED BY BROWARD COUNTY; PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution #2012-076.
Commissioner Castro stressed the importance of the GO SOLAR program, noting that the
purpose of this resolution is to streamline the permitting and application process, which is quite
technical, between the City and the County. She confirmed the Broward program is for
residential and small commercial, said it has approximately $650,000.00 in funding available (on
a first come, first served basis), and encouraged anyone interested to apply expeditiously.
Commissioner Castro motioned to adopt Resolution #2012-076; seconded by Commissioner
Grace. The motion carried on the following 5-0 Roll Call vote:
Commissioner Castro Yes Vice-Mayor McElyea Yes
Commissioner Duke Yes Mayor Flury Yes
Commissioner Grace Yes
7.7 RESOLUTION #2012-079
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE 36T" YEAR COMMUNITY
Minutes of Regular Meeting 4
Dania Beach City Commission
Tuesday,June 26, 2012—7:00 p.m.
DEVELOPMENT BLOCK GRANT AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA
AND BROWARD COUNTY IN THE AMOUNT OF $344,453.00 TO PROVIDE SOLAR POWERED STREET
LIGHTING;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution#2012-079.
Commissioner Castro questioned the amount that will be left in the current budget year line item
for solar lighting after the City's contribution, which could be used to help offset any budget
shortfall in the coming year.
City Manager Baldwin responded there will be approximately $129,000.00 available to put back
in the capital fund if the Commission so chooses.
Commissioner Castro motioned to adopt Resolution #2012-079; seconded by Commissioner
Duke. The motion carried on the following 5-0 Roll Call vote:
Commissioner Castro Yes Vice-Mayor McElyea Yes
Commissioner Duke Yes Mayor Flury Yes
Commissioner Grace Yes
8. Bids and Requests for Proposals
8.1 RESOLUTION #2012-080
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AWARDING
A BID TO LAWN WIZARD USA, INC., IN THE AMOUNT OF$222,740.00 FOR GROUNDS AND RIGHT-OF-
WAY MAINTENANCE; PROVIDING ASSURANCES; PROVIDING FOR FUNDING; PROVIDING FOR
CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution#2012-080.
Commissioner Duke motioned to adopt Resolution #2012-080; seconded by Commissioner
Castro.
Commissioner Castro noted we need to make certain that Hollywood and FDOT maintain those
portions along Griffin and Stirling Roads that are their responsibility, and questioned if there is a
way to delineate the areas to ensure our contractor does not do other people's work.
Dominic Orlando, Director of Public Services, said staff has been instructed to report anything
not being maintained that is not our responsibility so that he can follow up with the responsible
party. He said perhaps demarcation could be done using a different type of landscaping.
The motion carried on the following 5-0 Roll Call vote:
Commissioner Castro Yes Vice-Mayor McElyea Yes
Commissioner Duke Yes Mayor Flury Yes
Commissioner Grace Yes
Minutes of Regular Meeting 5
Dania Beach City Commission
Tuesday,June 26,2012—7:00 p.m.
8.2 RESOLUTION #2012-081
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AWARDING
A BID TO ELECTRICAL CONTRACTING SERVICE, IN THE AMOUNT OF $599,795.00 FOR CITY WIDE
SOLAR LIGHTING IMPROVEMENTS; PROVIDING ASSURANCES; PROVIDING FOR ADDITIONAL
PROJECT FUNDING;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution#2012-081.
Commissioner Castro motioned to adopt Resolution #2012-081; seconded by Vice-Mayor
McElyea. The motion carried on the following 5-0 Roll Call vote:
Commissioner Castro Yes Vice-Mayor McElyea Yes
Commissioner Duke Yes Mayor Flury Yes
Commissioner Grace Yes
9. Public Hearings and Site Plans
9.1 ORDINANCE #2012-013
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE EXPENDITURE OF CITY FUNDS EXCEEDING ONE MILLION DOLLARS
($1,000,000.00), WHICH EXPENDITURE IS NOT TO EXCEED THE PROJECT ESTIMATE APPROVED BY
THE CITY COMMISSION, TO FUND THE REHABILITATION OF THE DANIA BEACH MUNICIPAL
MARINA; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE. (SECOND READING)
City Attorney Ansbro read the title of Ordinance #2012-013.
Mayor Flury clarified this item is for approval to spend the funds, as needed, and actual
expenditures will come back to the Commission as they occur.
Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or
opposition, she closed the Public Hearing.
Commissioner Grace motioned to adopt Ordinance #2012-013, on second reading;
seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote:
Commissioner Castro Yes Vice-Mayor McElyea Yes
Commissioner Duke Yes Mayor Flury Yes
Commissioner Grace Yes
10. Discussion and Possible Action
There were no discussion items on this agenda.
Minutes of Regular Meeting 6
Dania Beach City Commission
Tuesday,June 26,2012—7:00 p.m.
11. Commission Comments
11.1 Commissioner Castro
Commissioner Castro advised that voters in Precinct S 12 will vote in S005 for the primary
election and suggested a special effort be made to inform them of same.
Commissioner Castro commented there are some items in the CRA budget that have not been
utilized, in particular, a crime program, and she requested Chief Peterson follow up with CRA
Director Earle in furtherance of working out a program. She also commented on the success of
the business retention program, but noted during budget time, we may have to look at what
opportunities exist to attract businesses to Dania Beach. She felt CRA Director Earle should
work with City Manager Baldwin on the CRA budget, and a workshop or at least meetings
should be held.
Commissioner Castro noted there likely will not be a bid for the wall plants for Melaleuca
Gardens until after July.
Commissioner Castro reported there are no red flags yet concerning the Consumptive Use
Permit.
Commissioner Castro said three quotes for the stop signs are in and City Manager Baldwin noted
the signs should be installed this week.
Commissioner Castro commented about the FDOT stormwater program, noting the money is still
available and we have to follow their schedule.
Commissioner Castro spoke about the I-Board and the potential financial impact to the City. She
said City Manager Baldwin will bring a resolution to the Commission which will recommend a
position we would like other cities to take on this matter.
Commissioner Castro noted the City's case regarding the airport issue relative to a temporarI
injunction of the Army Corps of Engineers permit will go before the Federal Court on July 3' .
She advised that the Broward County Aviation Department, without notice to the County
Commission or City, changed the policy regarding noise proofing and read the new language
aloud; in essence, should a person decline participation at this time, they will not be eligible for
residential sound insulation in the future. Additionally, failure to participate in the residential
sound insulation program will deem a person ineligible for the upcoming voluntary sales
assistance program. Commissioner Castro spoke about communications with County officials
and staff, who are now reviewing the language, and recommended the public have a lawyer
review the paperwork before they sign it. She requested an update or notice about this policy
change be placed on the City's website.
Minutes of Regular Meeting 7
Dania Beach City Commission
Tuesday,June 26,2012—7:00 p.m.
11.2 Commissioner Duke
Commissioner Duke commented on the flood victims in north Florida and past flooding in Dania
Beach, which he felt pales in comparison to what is occurring in the northern part of the state.
11.3 Commissioner Grace
Commissioner Grace spoke about recent community events.
Commissioner Grace spoke about the American Cancer Society Mayors' Luncheon she attended
as the representative of the City and noted the Dania Beach Relay for Life, which the City
sponsored, fell $5,000.00 short of its goal. Additional contributions to reach the goal may be
made until August.
Commissioner Grace commented about information provided by Assistant City Manager
Donnelly on a homeowner assistance program available to Dania Beach residents for repairing or
replacing damaged roofs, windows, and doors. Anyone needing assistance should contact her or
Assistant City Manager Donnelly.
11.4 Vice-Mayor McElyea
Vice-Mayor McElyea requested staff contact the property owner and the City of Hollywood
regarding overgrown trees and bushes encroaching on the sidewalk in the area.of Stirling Road
and 2"d Street.
11.5 Mayor Flury
Mayor Flury commented about her recent attendance at the Institute for Municipal Officials in
Tampa.
Mayor Flury requested the CRA budget be discussed at the City budget meeting scheduled in
July.
12. Appointments
Commissioner Duke spoke about Commissioner Castro's appointment of Steve Palazzo to the
Marine Advisory Board at the previous meeting, and suggested if Commissioner Grace instead
appointed Mr. Palazzo, he would be able to serve longer than four months.
Commissioner Castro withdrew her appointment of Steve Palazzo.
Commissioner Grace appointed Steve Palazzo to the Marine Advisory Board.
Mayor Flury requested staff follow-up as appropriate and noted the opening on this board is now
Commissioner Castro's to fill.
Minutes of Regular Meeting 8
Dania Beach City Commission
Tuesday,June 26,2012—7:00 p.m.
13. Administrative Reports
13.1 City Manager
City Manager Baldwin reported on the efforts undertaken to get stop signs installed on SE 5`h
Avenue and said, in response to Mayor Flury, obtaining bids was necessary in order to conform
to engineering standards.
City Manager Baldwin spoke about past flooding in the City and his concern every time it rains,
however great progress has been made as evidenced by no problems resulting from the heavy
rains this past weekend.
13.2 City Attorney
City Attorney Ansbro commented about a meeting regarding Quarterdeck and the high quality
plans submitted to the City, which he noted expedite the review process and result in renovations
moving along quickly.
13.3 City Clerk - Reminders
Thursday, July 19, 2012 - 6:00 p.m. Abatement Hearing
Tuesday, July 24, 2012 - 7:00 p.m. City Commission Meeting
Wednesday, July 25, 2012 - 6:00 p.m. Budget Meeting
City Manager Baldwin noted that an Impasse Hearing would also be held in July and the
Commission would be advised when it has been set.
14. Adjournment
Mayor Flury adjourned the meeting at 7:55 p.m.
ATTEST: CITY OF DANIA BEACH
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LOUISE STILSON, CMC PATRICIA A. FLURY
CITY CLERK m�o�p�s F�gsr�r MAYOR
Approved: July 24, 2012
Minutes of Regular Meeting 9
Dania Beach City Commission
Tuesday,June 26,2012—7:00 p.m.
litREQUEST 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: ' 75Sh e l.l'0 20 J Z i i1
PRINT NAME:
ADDRESS: �lv :L 5a) 38 kA
PHONE NO. (optional):
PLEASE CHECK..ONE OR BOTH OF THE BOXES BELOW:
1) — CITIZEN COMMENTS:
Comments by Dania Beach citizens or interested parties that are not part of the regular printed agenda may be made during each
Commission meeting during the period set aside for"Citizen Comments." A thirty(30)minute"Citizen Comments"period shall
be designated on the agenda for citizens and interested persons to speak on matters not scheduled on that day's agenda. The
citizen comments' period shall begin promptly at 7:30 PM. Each speaker shall be limited to 3 minutes for his or her comments.
Persons desiring to speak during the citizen comment period shall inform the City Clerk immediately prior to the beginning of the
meeting of their intention to speak. If more than 10 speakers express a desire to speak, the Commission shall determine on a
meeting by meeting basis whether to (a) extend the time allotted for citizen comments to accommodate all speakers, or (b)
whether to limit the number of speakers or amount of time per speaker. A speaker's time shall not be transferable to another
speaker.
PLEASE BRIEFLY DESCRIBE THE SUBJECT MATTER OF YOUR COMMENT:
-e
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