HomeMy WebLinkAboutMinutes of Meeting - September 25, 2012 MINUTES OF REGULAR MEETING
DANIA BEACH CITY COMMISSION
TUESDAY, SEPTEMBER 25, 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
City Clerk: Louise Stilson
2. Invocation and Pledge of Allegiance
Deacon Albert Jones 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 Reverend Gerardo Escanilla for an outside church service
to be held at Ig lesia de Dios Pentecostal M.I. 416 SW 52nd Street on located at 5
Saturday, September 29, 2012, from 10:00 a.m. - 6:00 p.m.
Commissioner Castro motioned to approve the Special Event request for an outside church
service for Iglesia de Dios Pentecostal M.I.; 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
3.2 Special Event request for the grand opening of the Clark and Norris Home of
Funerals, LLC, to be held at 608 SW 12th Avenue on Sunday, September 30, 2012,
from 3:30 p.m. - 6:30 p.m. The applicant is also requesting a street closure at the
entrance to SW 6 h Street from SW 12'h Avenue.
Commissioner Grace motioned to approve the Special Event request for the grand opening
of the Clark and Norris Home of Funerals, LLC; 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
Marianne Winfield, Executive Director, Smart Growth Partnership for Southeast Florida,
presented the City with two 2012 Southeast Florida Awards for Smart Growth; one for the solar
lighting projects, and the second for the LEED Gold Library and Green Parking Garage.
4. Proclamations
There were no proclamations at this meeting.
5. Citizen Comments
Albert C. Jones, 722 SW 3`d Street, expressed his concerns with the unauthorized removal of
political signs.
6. Public Safety Reports
Bruce Caruso, EMS Division Chief, BSO Fire Rescue, reported they are in the final process for
the ISO rating and are hopeful to get a lower rating for the City.
Donn Peterson, BSO Chief of Police, updated the Commission on the status of burglary suspects
and explained how evidence was gathered. Chief Peterson noted Item 7.4 on the Consent
Agenda will benefit children in the community and is a worthwhile cause. He will have an
additional request relative to the Optimist Club sports programs in the upcoming month.
Commissioner Grace suggested some of the LETF funding be used for mentoring and tutoring.
Chief Peterson responded JAG funding is generally used for schooling.
Commissioner Castro questioned the status of signage coming from the airport to Dania Beach.
City Manager Baldwin responded that Kent George, Director of BCAD, is setting up a meeting
to resolve this and other issues near the airport.
Chief Peterson noted that theft of political signs happens with every election and BSO is
presently working a case where they have video footage of someone stealing a sign. He
emphasized it is theft and they will prosecute to the fullest extent of the law.
Minutes of Regular Meeting 2
Dania Beach City Commission
Tuesday,September 25,2012—7:00 p.m.
7. Consent Agenda
7.1 Minutes:
Approve minutes of September 11, 2012 City Commission meeting
Approve minutes of September 12, 2012 First Budget Public Hearing
7.2 Travel Requests: None
Resolutions
7.3 RESOLUTION#2012-130
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA,APPOINTING
THE LAW FIRM OF WEISS, SEROTA, HELFMAN, PASTORIZA, COLE & BONISKE, P.L., AS BOND
COUNSEL IN CONNECTION WITH THE REFUNDING OF THE CITY'S SALES TAX REVENUE BONDS,
SERIES 1994;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
7.4 RESOLUTION#2012-131
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
THE APPROPRIATION AND USE OF LAW ENFORCEMENT TRUST FUNDS IN AN AMOUNT NOT TO
EXCEED $2,500.00 FOR PURCHASE OF ATHLETIC EQUIPMENT FOR THE DANIA BEARS ATHLETIC
CLUB;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
7.5 RESOLUTION#2012-132
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A FIRST AMENDMENT TO AN
AGREEMENT EXISTING BETWEEN THE CITY OF DANIA BEACH AND THE BROWARD SHERIFF'S
OFFICE RELATING TO FIRE RESCUE SERVICES;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING
FOR AN EFFECTIVE DATE.
7.6 RESOLUTION#2012-133
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A JOINT PARTICIPATION AGREEMENT
("JPA") WITH BROWARD COUNTY, RELATING TO THE "KEEP BROWARD BEAUTIFUL" PROGRAM;
PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
Commissioner Castro motioned to adopt the Consent Agenda; 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
8. Bids and Requests for Proposals
Minutes of Regular Meeting 3
Dania Beach City Commission
Tuesday,September 25,2012—7:00 p.m.
8.1 RESOLUTION#2012-129
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING
TO THE AWARD OF CONTRACT FOR BEACH CLEANING SERVICES; AUTHORIZING THE AWARD OF
BID TO BEACH RAKER, INC. IN THE AMOUNT OF $79,621.80; AUTHORIZING THE PROPER CITY
OFFICIALS TO EXECUTE AN AGREEMENT;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR
AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution#2012-129.
Commissioner Castro motioned to adopt Resolution #2012-129; 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
9. Public Hearings and Site Plans
9.1 ORDINANCE#2012-025
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING
THE LAND DEVELOPMENT CODE BY AMENDING ARTICLE 105 "USE REGULATIONS FOR
RESIDENTIAL AND OPEN SPACE ZONING DISTRICTS" AND ARTICLE 110 "USE REGULATIONS FOR
COMMERCIAL AND MIXED-USE DISTRICTS"CONCERNING PERMITTED USES IN ZONING DISTRICTS
AND PROVIDING FOR SUPPLEMENTAL USE REGULATIONS; AMENDING ARTICLE 240 "DOCKS AND
MOORING STRUCTURES" CONCERNING REGULATIONS OF DOCKS AND MOORING STRUCTURES;
AMENDING ARTICLE 265 "OFF-STREET PARKING REQUIREMENTS" CONCERNING REQUIREMENTS
FOR APPROVAL OF ALTERNATE PARKING STANDARDS; AMENDING ARTICLE 309 "ADDITIONAL
DEVELOPMENT STANDARDS" CONCERNING STREET IMPROVEMENTS WITHIN THE COMMUNITY
REDEVELOPMENT AREA (CRA) FORM-BASED ZONING DISTRICTS; AMENDING ARTICLE 610
"PUBLIC HEARING NOTICES" CONCERNING NOTICE AND ADVERTISING REQUIREMENTS FOR
DEVELOPMENT ORDERS; AMENDING ARTICLE 640 "PLATS" CONCERNING PROCEDURES FOR
APPROVAL OF APPLICATIONS REGARDING PLATS; AMENDING ARTICLE 675 "TEMPORARY USE
AND SPECIAL EVENT PERMITS" CONCERNING REGULATIONS OF TEMPORARY USES AND SPECIAL
EVENTS; AMENDING ARTICLE 710 "NONCONFORMING USES, STRUCTURES, AND LOTS"
CONCERNING REGULATIONS OF NONCONFORMING USES, STRUCTURES, AND LOTS; AMENDING
ARTICLE 725 "DEFINITIONS" TO AMEND THE DEFINITIONS USED IN THE LAND DEVELOPMENT
CODE; AMENDING ARTICLE 805 "CONCURRENCY DETERMINATIONS" CONCERNING PROCEDURES
FOR DEDICATION OR PAYMENT IN-LIEU OF DEDICATION FOR RECREATION, PARKS AND OPEN
SPACE REQUIREMENTS; AMENDING ARTICLE 825 "TREE PRESERVATION" TO AMEND THE
REQUIREMENTS FOR TREE REPLACEMENT; PROVIDING FOR AMENDMENTS THROUGHOUT THE
LAND DEVELOPMENT CODE TO CORRECT SCRIVENER'S ERRORS; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST
READING)
City Attorney Ansbro read the title of Ordinance#2012-025.
Corinne Lajoie, Principal City Planner, provided an overview of the 11 sections of the Land
Development Code to be amended.
Minutes of Regular Meeting 4
Dania Beach City Commission
Tuesday, September 25,2012—7:00 p.m.
Mayor Flury opened the Public Hearing.
Michael Sartin, 746 SW P Street, addressed the proposed amendment to tree replacement and
expressed concerns regarding loss of the carbon footprint, the possibility of losing historic trees,
and no assurance that a replacement tree will survive.
Seeing as there was no one else to speak in favor or opposition, Mayor Flury closed the Public
Hearing.
Commissioner Duke motioned to adopt Ordinance #2012-025, on first reading; seconded
by Commissioner Castro. The motion carried on the following 4-1 Roll Call vote:
Commissioner Castro Yes Vice-Mayor McElyea Yes
Commissioner Duke Yes Mayor Flury No
Commissioner Grace Yes
9.2 RESOLUTION#2012-128
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
THE PLAT NOTE AMENDMENT REQUEST SUBMITTED BY CRAVEN THOMPSON AND ASSOCIATES,
INC., ON BEHALF OF THE CITY OF DANIA BEACH TO CHANGE THE RESTRICTIVE NOTE ON THE
PLAT KNOWN AS THE"HARBOUR TOWNE MARINA" PLAT,PREVIOUSLY RECORDED IN PLAT BOOK
118, PAGE 34, FOR PROPERTY LOCATED AT 801-901 NE P STREET IN DANIA BEACH; PROVIDING
FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution#2012-128.
Corinne Lajoie, Principal City Planner, gave a presentation and noted the amendment is
necessary to update the plat to add uses in order to reflect what is currently on the site.
Mayor Flury questioned the build-out and expressed concern regarding congestion getting to the
I.T. Parker Center during the day.
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#2012-128; seconded by Commissioner
Grace. The motion carried on the following 3-2 Roll Call vote:
Commissioner Castro Yes Vice-Mayor McElyea No
Commissioner Duke Yes Mayor Flury No
Commissioner Grace Yes
10. Discussion and Possible Action
Minutes of Regular Meeting 5
Dania Beach City Commission
Tuesday,September 25,2012—7:00 p.m.
There were no discussion items on this agenda.
11. Commission Comments
11.1 Commissioner Castro
Commissioner Castro noted it is no longer possible to access previously reported code
complaints on the City website. She asked the City Manager to look into the cost of upgrading
the system and to report at the next meeting.
11.2 Commissioner Duke
Commissioner Duke agreed with Commissioner Castro on the need for online code complaint
accessibility.
11.3 Commissioner Grace
Commissioner Grace thanked participants in the Front Porch event.
Commissioner Grace spoke about upcoming community events and early voting.
11.4 Vice-Mayor McElyea
Vice-Mayor McElyea commented on junk in alleys and the need for the City to issue citations
and remove the items at the owners' expense if necessary.
11.5 Mayor Flury
Mayor Flury thanked the Kiwanis Club for the installation dinner event and commented about
the Cruise.com grand opening event.
12. Anuointments
There were no appointments at this meeting.
13. Administrative Reports
13.1 City Manager
City Manager Baldwin advised a resolution opposing Amendment 4 and a resolution requesting
the County Commission to fund regional communications would be brought forward at the next
meeting.
Minutes of Regular Meeting 6
Dania Beach City Commission
Tuesday,September 25,2012—7:00 p.m.
13.2 City Attorney
City Attorney Ansbro had no comments.
13.3 City Clerk -Reminders
Wednesday, October 3, 2012 - 6:00 p.m. CRA Board Meeting
Tuesday, October 9,2012 - 7:00 p.m. City Commission Meeting
Tuesday, October 23, 2012 - 7:00 p.m. City Commission Meeting
14. Adjournment
Mayor Flury adjourned the meeting at 7:51 p.m.
ATTEST: CITY OF DANIA BEACH
Ail
LOUISE STILSON, CMC o�p�oIs F��r PATRICIA A. FLURY
CITY CLERK ��` _ c��� MAYOR
Approved: October 9, 2012 11
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Minutes of Regular Meeting 7
Dania Beach City Commission
Tuesday, September 25,2012—7:00 p.m.
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: f1- `L T' ,20 I'L
PRINT NAME:
ADDRESS: `�M '�'t' �sttWwr» `44�n-T' 'Rst��P dF
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:
'. "-::-n..>�O l.alc-x-- lb APT-ES a JT 14E (0rcNtr\T S k o 4-> . w •^ W
SmfIF-r Gn0,0'Vk* a'F
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: 20
PRINT NAME: 1C> Y1 °L J
1—� �6+-
ADDRESS: 2O?g �yU
PHONE NO. (optional):
PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW:
1) °-' y//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:
/ C44keqn
2) -` PUBLIC HEARINGS—ITEM# (AS PRINTED ON AGENDA)
PLEASE NOTE:IF YOU WISH TO SPEAK ON AN ITEM THAT PERTAINS TO A"ZONING"TYPE OF MATTER(FOR EXAMPLE,A
SITE PLAN,VARIANCE,SPECIAL EXCEPTION OR SIMILAR TYPE OF ITEM KNOWN AS A"QUASI-JUDICIAL"MATTER,YOU
ARE SUBJECT TO BEING ASKED TO SWEAR OR AFFIRM THAT YOU WILL BE TRUTHFUL AS TO YOUR COMMENTS OR
TESTIMONY. YOU MAY ALSO BE SUBJECT TO QUESTIONS ASKED OF YOU BY AN APPLICANT OR AN APPLICANT'S
REPRESENTATIVE OR ATTORNEY WHICH RELATE TO THE ITEM.
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY MATTER
CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS,AND FOR SUCH PURPOSE MAY
NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
LOBBYIST REGISTRATION REQUIRED-REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY
PERSON, FIRM OR CORPORATION IS BEING PAID TO LOBBY ANY CITY COMMISSIONER ON ANY MATTER OR ISSUE
PURSUANT TO CITY ORDINANCE NO. 01-93.REGISTRATION FORMS AND COPIES OF THE ORDINANCE ARE AVAILABLE IN
THE CITY CLERK'S OFFICE AT CITY HALL.
GAAgenda\PUBLIC SPEAKING FORM.doc