HomeMy WebLinkAbout2013-01-08 Regular City Commission Meeting Minutes MINUTES OF REGULAR MEETING
DANIA BEACH CITY COMMISSION
TUESDAY, JANUARY 8, 2013 — 7:00 P.M.
1. Call to Order/Roll Call
Mayor Duke called the meeting to order at 7:00 p.m.
Present:
Mayor: Walter B. Duke III
Vice-Mayor: Albert C. Jones
Commissioners: Chickie Brandimarte
Patricia A. Flury
Bobbie H. Grace
City Manager: Robert Baldwin
City Attorney: Thomas Ansbro
City Clerk: Louise Stilson
2. Invocation and Pledge of Allegiance
Vice-Mayor Jones gave the invocation followed by the Pledge of Allegiance to the United States
Flag.
3. Presentations and Special Event Approvals
3.1 Dania Beach Improvement Committee request to rename entryway to City Hall as
"Mac Way"—Tim Ryan
Bo Donly, on behalf of Tim Ryan, Dania Beach Improvement Committee, requested
consideration of naming the future street that will come from US-1 as "Mac's Way" and in the
meantime, a sign being placed on the circle to City Hall.
Commissioner Grace spoke in support of the request.
Commissioner Flury thought this was not the appropriate way to honor Mr. McElyea and would
like to see something more significant. She noted it is not known at this point if there will be a
street from US-1 and suggested C.K. McElyea City Hall be given consideration, as she
wholeheartedly supports doing something, but would rather it be something nicer.
Vice-Mayor Jones would also like to see something more substantial.
Tim Ryan, Broward County Commissioner, Dania Beach Improvement Committee, commented
on C.K. "Mac" McElyea and all the contributions he has made to the City. As a tribute to him,
MINUTES OF REGULAR MEETING
DANIA BEACH CITY COMMISSION
TUESDAY, JANUARY 8, 2013 — 7:00 P.M.
1. Call to Order/Roll Call
Mayor Duke called the meeting to order at 7:00 p.m.
Present:
Mayor: Walter B. Duke III
Vice-Mayor: Albert C. Jones
Commissioners: Chickie Brandimarte
Patricia A. Flury
Bobbie H. Grace
City Manager: Robert Baldwin
City Attorney: Thomas Ansbro
City Clerk: Louise Stilson
2. Invocation and Pledge of Allegiance
Vice-Mayor Jones gave the invocation followed by the Pledge of Allegiance to the United States
Flag.
3. Presentations and Special Event Approvals
3.1 Dania Beach Improvement Committee request to rename entryway to City Hall as
"Mac Way"—Tim Ryan
Bo Donly, on behalf of Tim Ryan, Dania Beach Improvement Committee, requested
consideration of naming the future street that will come from US-1 as "Mac's Way" and in the
meantime, a sign being placed on the circle to City Hall.
Commissioner Grace spoke in support of the request.
Commissioner Flury thought this was not the appropriate way to honor Mr. McElyea and would
like to see something more significant. She noted it is not known at this point if there will be a
street from US-1 and suggested C.K. McElyea City Hall be given consideration, as she
wholeheartedly supports doing something, but would rather it be something nicer.
Vice-Mayor Jones would also like to see something more substantial.
Tim Ryan, Broward County Commissioner, Dania Beach Improvement Committee, commented
on C.K. "Mac" McElyea and all the contributions he has made to the City. As a tribute to him,
the committee is requesting a sign be installed, designating the entryway to the Library/City Hall
complex as"Mac's Way".
P Y
Commissioner Brandimarte commented that Mr. McElyea would like Old Griffin Road to be
named after him.
3.2 Special Event request from the Martin Luther King Committee for the annual "Martin
Luther King Parade and Banquet" to be held on Monday, January 21, 2013 from 7:30
a.m. to 5:00 p.m. The parade will start at C.W. Thomas Park and will end at Trinity
Missionary Baptist Church. The applicant is requesting road closures for Federal
Highway, Stirling Road and Phippen Road, as well as BSO Police escort detail.
Carolyn Jones, 722 SW 3rd Street, spoke about the banquet scheduled for January 18th and asked
the Commissioners to purchase a table for$120.00, or buy a ticket for$15.00.
Commissioner Flury motioned to approve the Special Event request for the Martin Luther
King Parade and Banquet; seconded by Vice-Mayor Jones. The motion carried
unanimously.
4. Proclamations
4.1 Human Trafficking Awareness Day — requested by Broward League of Cities
President, Commissioner Bobby Dubose
5. Citizen Comments
Ann Page, President of the Friends of the Library, introduced Amy Eaton, 9th Grade student at
Hollywood Hills High School, who is the I" Place Winner in the T-shirt art contest for the 2nd
Annual Walk for the Library.
Clare Vickery, 75 N Federal Highway, thanked the Commission for supporting the arts.
George Jason, 4549 SW 37th Avenue, suggested that a park be located at the old Pirates Inn
property and named after Commissioner McElyea. He noted Mt. Sinai United Methodist Church
is celebrating 107 years but may close due to poor attendance. Supporters are needed and are
invited to services every Sunday at 10:00 a.m.
6. Public Safety Reports
Lieutenant Will Jackson, BSO, recognized Deputy Herrera as Deputy of the Month for
November for his resolution of a stalking case.
Minutes of Regular Meeting 2
Dania Beach City Commission
Tuesday,January 8,2013—7:00 p.m.
Bruce Caruso, Division Chief, BSO Fire Rescue, commented about the new Fire Chief, who was
sworn-in today. He noted vaccinations for the flu, which is on the upswing in the southeastern
U.S., are still available.
7. Consent A eg nda
Items removed from Consent Agenda: #7.3, #77, #7.10, #7.11 Withdrawn
7.1 Minutes:
Approve minutes of December 11, 2012 City Commission Meeting
7.2 Travel Requests: None
Resolutions
7.4 RESOLUTION#2013-002
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA, SUPPORTING
THE RE-DESIGNATION OF STATE ROAD AIA IN BROWARD COUNTY AS A FLORIDA SCENIC
HIGHWAY;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
7.5 RESOLUTION#2013-003
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 SCHOOL BOARD OF
BROWARD COUNTY RELATING TO THE RECIPROCAL USE AGREEMENT; PROVIDING FOR
CONFLICTS;FURTHER PROVIDING FOR AN EFFECTIVE DATE.
7.6 RESOLUTION#2013-004
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT FOR AN AMENDMENT
OF A NOTATION ON A PLAT, FOR THE HARBOUR TOWNE MARINA PLAT (PLAT 056-MP-82);
PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
7.8 RESOLUTION#2013-006
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING
FOR APPROPRIATION OF FUNDS FOR FISCAL YEAR 2012-2013; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
7.9 RESOLUTION#2013-007
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA,REQUESTING
TRANSFER OF AVAILABLE FUNDING AND ADVANCE APPROVAL FROM THE CITY COMMISSION OF
THE CITY OF DANIA BEACH FOR ADVERTISEMENT FOR NEIGHBORHOOD IMPROVEMENT
PROJECTS KNOWN AS OASIS III AND IV, WHERE BIDDING IS EXPECTED TO BE SOUGHT BY THE
Minutes of Regular Meeting 3
Dania Beach City Commission
Tuesday,January 8,2013—7:00 p.m.
PUBLIC SERVICES DEPARTMENT; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS;
FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
7.12 RESOLUTION#2013-008
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE CITY MANAGER TO PURCHASE ADDITIONAL ENGINEERING SERVICES FROM
CALVIN, GIORDANO AND ASSOCIATES, INC. RELATING TO EXPANSION OF THE SOUTHEAST
STORMWATER IMPROVEMENT PHASE I PROJECT FOR REDESIGN AND CONSTRUCTION OVERSIGHT
IN AN AMOUNT NOT TO EXCEED NINETY-SIX THOUSAND FOUR HUNDRED AND TWENTY
DOLLARS ($96,420.00); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
Vice-Mayor Jones motioned to adopt the Consent Agenda,with the exception of Items #7.3,
#7.7, #7.10, and #7.11, which was withdrawn; seconded by Commissioner Flury. The
motion carried on the following 5-0 Roll Call vote:
Commissioner Brandimarte Yes Vice-Mayor Jones Yes
Commissioner Flury Yes Mayor Duke Yes
Commissioner Grace Yes
7.3 RESOLUTION#2013-001
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE CITY FINANCE DEPARTMENT TO WRITE-OFF AND PERMANENTLY DELETE
FROM THE CITY'S ACCOUNTS RECEIVABLES RECORDS, THE BALANCE OF $125,000.00 DUE FROM A
TO X VIDEO, AS A RESULT OF A LITIGATION AND CODE SETTLEMENT AGREEMENT; PROVIDING
FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution #2013-001. Responding to Commissioner
Flury, he explained we are unable to contact anyone who ran the operation; therefore, we cannot
recoup the money. He noted a judgment has been recorded against the principals for possible
collection if any property in the state ever shows up in their names.
Commissioner Flury motioned to adopt Resolution #2013-001; seconded by Vice-Mayor
Jones. The motion carried on the following 5-0 Roll Call vote:
Commissioner Brandimarte Yes Vice-Mayor Jones Yes
Commissioner Flury Yes Mayor Duke Yes
Commissioner Grace Yes
7.7 RESOLUTION#2013-005
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A FIRST AMENDMENT TO THE
AGREEMENT FOR POLICE SERVICES EXISTING BETWEEN THE CITY OF DANIA BEACH AND THE
BROWARD SHERIFF'S OFFICE, RELATING TO THE ADDITION OF A PARK RANGER IN AN ANNUAL
AMOUNT NOT TO EXCEED $76,273.00; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
Minutes of Regular Meeting 4
Dania Beach City Commission
Tuesday,January 8,2013—7:00 p.m.
City Attorney Ansbro read the title of Resolution#2013-005.
Vice-Mayor Jones requested clarification of the position's duties and responsibilities, and of the
reporting cycle.
City Manager Baldwin responded the primary purpose is for security around City facilities
throughout the City, monitoring trash and landscape issues, and surveying lighting in parking
lots and street lighting. Initially, the ranger will report to the City Manager's office and he
outlined the operational process that will be followed.
Vice-Mayor Jones motioned to adopt Resolution #2013-005; seconded by Commissioner
Flury. The motion carried on the following 5-0 Roll Call vote:
Commissioner Brandimarte Yes Vice-Mayor Jones Yes
Commissioner Flury Yes Mayor Duke Yes
Commissioner Grace Yes
7.10 RESOLUTION#2012-170
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE CHANGE ORDER NUMBER 3, AND TO
PROVIDE ADDITIONAL FUNDING FOR CAPITAL PROJECT SERVICES TO CENTURY BUILDING
RESTORATION USA INC.FOR THE I.T.PARKER DOCK REPLACEMENT PROJECT IN AN AMOUNT NOT
TO EXCEED $7,607.64; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE. (Continued from December 11,2012)
City Attorney Ansbro read the title of Resolution#2012-170.
Vice-Mayor Jones questioned the derivation, control, and determination of the dollar amount, of
contingency funds for projects.
City Manager Baldwin responded the contingency is conditional on the particular project.
Dominic Orlando, Director of Public Services, explained how contingency works and noted all
change orders come to the Commission for approval.
Vice-Mayor Jones motioned to adopt Resolution #2012-170; seconded by Commissioner
Flury. The motion carried on the following 5-0 Roll Call vote:
Commissioner Brandimarte Yes Vice-Mayor Jones Yes
Commissioner Flury Yes Mayor Duke Yes
Commissioner Grace Yes
7.11 RESOLUTION#2012-102 Withdrawn
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AND ACCEPT AN AMENDED EASEMENT
Minutes of Regular Meeting 5
Dania Beach City Commission
Tuesday,January 8,2013—7:00 p.m.
FROM MEADOWBROOK LAKES VIEW CONDOMINIUM ASSOCIATION, INC., A FLORIDA
CORPORATION, AND MEADOWBROOK LAKES VIEW CONDOMINIUM ASSOCIATION "A", INC., A
FLORIDA CORPORATION, (EACH INDIVIDUALLY AND COLLECTIVELY, THE "GRANTOR"), FOR
PURPOSES OF DRAINAGE, WATERMAIN, STORMWATER AND OTHER SIMILAR FUNCTIONS, FOR
THE BENEFIT OF THE GRANTOR AND THE REAL PROPERTY DESCRIBED ON THE ATTACHED
EXHIBIT "A"; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
(Continued from November 27,2012)
8. Bids and Requests for Proposals
There were no proposals on this agenda.
9. Public Hearings and Site Plans
9.1 ORDINANCE#2012-033
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING
THE REQUEST MADE BY BATIA DAYAN ON BEHALF OF 4760 LLC, FOR A REZONING AND FLEX
ALLOCATION FOR PROPERTY LOCATED AT 4760 SW 42 TERRACE IN THE CITY OF DANIA BEACH,
FLORIDA, FOR PROPERTY LEGALLY DESCRIBED IN EXHIBIT "A"; CHANGING THE CURRENT
ZONING CLASSIFICATION OF THE PROPERTY FROM RESIDENTIAL(RS-6000)TO COMMERCIAL(C-2)
AND ASSIGNING A COMMERCIAL LAND USE DESIGNATION, SUBJECT TO CERTAIN RESTRICTIONS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE. (SECOND READING)
City Attorney Ansbro read the title of Ordinance #2012-033. He reminded the Commission that
they did not take any action on this item at the December 11, 2012 meeting and noted they must
either approve or deny the request. He advised this was a quasi-judicial hearing and swore-in
those who would speak, and asked the Commission to disclose any communication they had on
this matter.
Vice-Mayor Jones noted the petitioner had contacted him before the last meeting.
Corinne Lajoie, Principal City Planner, provided an overview of the property and the request.
Mayor Duke opened the Public Hearing.
Batia Dayan, property owner, noted the property is the only residential property on the block; if
the zoning is changed, the entire block would be commercial property. She advised that she is
willing to restrict some permitted uses on the property in order to avoid disturbance of the
neighborhood and asked the commission to approve the request.
Commissioner Flury asked Ms. Dayan what her intent is with the property.
Ms. Dayan responded that she is considering a consulting office or using it for tutoring students.
Although she is unsure of the exact use at this time, she definitely wants to utilize it as part of her
profession.
Minutes of Regular Meeting 6
Dania Beach City Commission
Tuesday,January 8,2013—7:00 p.m.
In response to Commissioner Flury's question about a more limiting zoning designation, Ms.
Lajoie explained the C-1 zoning is more restrictive than the C-2 zoning being requested;
however, it would not allow the daycare center that currently exists on the property.
Seeing as there was no one else to speak in favor or opposition, Mayor Duke closed the Public
Hearing.
Vice-Mayor Jones motioned to approve Ordinance #2012-033, on second reading. The motion
died for lack of a second.
Commissioner Grace motioned to deny Ordinance #2012-033, on second reading; seconded
by Commissioner Brandimarte. The motion failed on the following 2-3 Roll Call vote:
Commissioner Brandimarte Yes Vice-Mayor Jones No
Commissioner Flury No Mayor Duke No
Commissioner Grace Yes
Commissioner Flury motioned to adopt Ordinance#2012-033, on second reading; seconded
by Vice-Mayor Jones. The motion carried on the following 4-1 Roll Call vote:
Commissioner Brandimarte No Vice-Mayor Jones Yes
Commissioner Flury Yes Mayor Duke Yes
Commissioner Grace Yes
9.2 ORDINANCE#2013-001
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING
THE LAND DEVELOPMENT CODE BY AMENDING ARTICLE 110 "USE REGULATIONS FOR
COMMERCIAL AND MIXED-USE DISTRICTS"CONCERNING PERMITTED USES IN ZONING DISTRICTS
AND PROVIDING FOR SUPPLEMENTAL USE REGULATIONS; AMENDING ARTICLE 115 "INDUSTRIAL
DISTRICTS: PERMITTED, PROHIBITED, SPECIAL EXCEPTION USES, AND CONDITIONS OF USE" TO
AMEND CONDITIONS OF USE; AMENDING ARTICLE 220 "SUPPLEMENTAL BUILDING AND
STRUCTURE HEIGHT REGULATIONS (INCLUDING LOWEST FINISHED FLOOR); ROOFTOP
REGULATIONS" CONCERNING AIRSPACE RESTRICTIONS ON ALLOWABLE HEIGHT FOR
STRUCTURES NEAR FORT LAUDERDALE-HOLLYWOOD INTERNATIONAL AIRPORT; AMENDING
ARTICLE 315 "HOTEL OVERLAY DISTRICT" CONCERNING REQUIREMENTS FOR INCLUSION OF
PROPERTIES WITHIN THE HOTEL OVERLAY ZONING DISTRICT; AMENDING ARTICLE 620
"ADMINISTRATIVE VARIANCES" CONCERNING REQUIREMENTS RELATED TO ADMINISTRATIVE
VARIANCE APPROVAL; AMENDING ARTICLE 625 "VARIANCES" CONCERNING REQUIREMENTS
RELATED TO VARIANCE APPROVAL; AMENDING ARTICLE 630 "SPECIAL EXCEPTION USES"
CONCERNING REQUIREMENTS RELATED TO SPECIAL EXCEPTION APPROVAL; AMENDING
ARTICLE 635 "SITE PLANS" CONCERNING REQUIREMENTS RELATED TO SITE PLAN APPROVAL
AND COMPLIANCE WITH APPROVED SITE PLAN REQUIREMENTS; AMENDING ARTICLE 675
"TEMPORARY USE AND SPECIAL EVENT PERMITS"REGARDING REQUIREMENTS FOR TEMPORARY
USES AND SPECIAL EVENTS; AMENDING ARTICLE 710 "NONCONFORMING USES, STRUCTURES
AND LOTS" CONCERNING ALLOWABLE IMPROVEMENTS TO NONCONFORMING STRUCTURES;
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)
Minutes of Regular Meeting 7
Dania Beach City Commission
Tuesday,January 8,2013—7:00 p.m.
City Attorney Ansbro read the title of Ordinance#2013-001.
Corinne Lajoie, Principal City Planner,provided an overview of the proposed changes to the One
Code.
Commissioner Flury recommended changing the approval period for variances, special
exceptions and site plans to 18 months, as opposed to the recommended 24 months, because of
the concern about tying up flex units.
Discussion ensued regarding shortening the recommended approval period, and the impact on
flex units and developers. The consensus of the Commission was to move forward with an 18-
month approval period.
Mayor Duke opened the Public Hearing.
Annette Hibbetts, 26 SW 11t` Street, requested clarification on nonconforming duplex as she
owns a duplex situated behind her homesteaded home and on the same property.
City Attorney Ansbro suggested amending the text to allow for the few special circumstances
like Ms. Hibbetts' that exist in the City.
Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing.
Commissioner Flury motioned to adopt Ordinance #2013-001, on first reading, as
amended; seconded by Vice-Mayor Jones. The motion carried on the following 4-1 Roll
Call vote:
Commissioner Brandimarte Yes Vice-Mayor Jones Yes
Commissioner Flury Yes Mayor Duke Yes
Commissioner Grace No
10. Discussion and Possible Action
10.1 Appoint Vice-Mayor Al Jones as Airport"point"person—Commissioner Flury
Mayor Duke advised he was deferring this item until after the Commission has a shade meeting
on the airport litigation. He asked the City Attorney if a unanimous vote is needed on this item
when it is brought back to the Commission.
Commissioner Flury said it would be reckless not to appoint a point person, as the new
Commissioners have been brought up-to-date by the airport attorney and a lot of things are going
on, which the Commission is not a part of. She recommended that she be made the point person
and, with an agreement in place, engage the services of Anne Castro, who is willing to serve in
this capacity. She noted she would not make decisions without the commission.
Minutes of Regular Meeting 8
Dania Beach City Commission
Tuesday,January 8,2013—7:00 p.m.
Commissioner Grace said that Commissioner Duke was Commissioner Castro's back-up person
for airport matters and now Mayor Duke should be the point person.
Vice-Mayor Jones expressed displeasure with the Mayor's action to delay this matter and
explained why he has decided to decline taking the lead as the point person. He noted he is in
agreement with Commissioner Flury and Anne Castro being the lead on airport matters, and felt
this would bring a concerted and unified effort to move forward.
Vice Mayor Jones motioned to move forward with the appointment of Commissioner Flury and
retaining Anne Castro; seconded by Commissioner Flury.
Commissioner Brandimarte spoke in support of Commissioner Flury as the point person, with
Anne Castro serving as the consultant.
Mayor Duke stated a motion is out of order and he would not allow it.
Vice-Mayor Jones said the Mayor was out of order.
Mayor Duke stated he does not want to appoint a point person until after the Commission has a
shade meeting.
Vice-Mayor Jones said the Mayor has the right to his concerns, but the Commission needs to
vote on the motion that is on the floor.
City Attorney Ansbro requested an Attorney Client Session to discuss airport litigation on
Tuesday, January 22, 2013 at 6:00 p.m. He noted a unanimous vote is not required to appoint a
point person.
Mayor Duke commented that he is the duly elected Mayor, was elected by a wide margin, and he
represents this City. He said Anne Castro is no longer on the commission and it is time to move
on. He described his involvement with the airport issue to date, noting he has a good rapport
with the County Commission, and he welcomes Anne Castro to reach out to him. Mayor Duke
stated he has expertise that the other commissioners do not have, the Commission needs to meet
and strategize, and it is reckless to make a decision without such a meeting. He reiterated that a
motion is out of order and he is the Mayor; he will not be boxed out of this issue as people
depend on him.
Commissioner Flury motioned that she be appointed the point person, with an agreement
created with Anne Castro, at a minimal amount, to serve in a representative capacity for
the City; seconded by Vice-Mayor Jones.
Mayor Duke asked Commissioner Flury to defer the motion until after the Commission meets as
a team, noting the City Manager is technically the point person.
Commissioner Flury explained why this should move forward.
Minutes of Regular Meeting 9
Dania Beach City Commission
Tuesday,January 8,2013—7:00 p.m.
The motion carried on the following 3-2 Roll Call vote:
Commissioner Brandimarte Yes Vice-Mayor Jones Yes
Commissioner Flury Yes Mayor Duke No
Commissioner Grace No
10.2 Coastal Erosion—Mayor Duke
Mayor Duke withdrew this item from the agenda.
11. Commission Comments
11.1 Commissioner Brandimarte
Commissioner Brandimarte's comments included the following:
• Congratulated Chief Peterson on his promotion to Major today
• Wants to send a letter to Sheriff Israel regarding his not recognizing the COP program at
his swearing-in
• We should look into having a hurricane shelter
11.2 Commissioner Flury
Commissioner Flury had no comments.
11.3 Commissioner Grace
Commissioner Grace's comments included the following:
• Innuendos do not belong here
• Sees new leadership coming for Dania Beach out of the Sheriff's Office
• Received a phone call regarding loud music near Chester Byrd Park over the weekend,
which could be heard at AMO; a permit had been issued by Hollywood so we should
network with Hollywood to determine acceptable noise levels. Mayor Duke noted a
meeting has already been set up.
• We should try to get guns out of the hands of people that should not have them
• Instances like the one last November where a resident pulled out a toy gun should never
happen again in the City of Dania Beach; such demonstrations or activities should be
registered with the City Manager or police. She would file a lawsuit against the City
should anything ever happen to her.
11.4 Vice-Mayor Jones
Vice-Mayor Jones said there will be harmony on this Commission and the City will move
forward.
Minutes of Regular Meeting 10
Dania Beach City Commission
Tuesday,January 8,2013—7:00 p.m.
11.5 Mayor Duke
Mayor Duke discussed the appearance of the City and noted it will be a priority of this
Commission. He has already spoken to the City Manager about this as he wants the City to look
nicer.
12. Appointments
Airport Advisory Board
Mayor Duke—Archie J. Ryan IV
Marine Advisory Board
Commissioner Brandimarte—Carol Stokrocki
Commissioner Flury—Shawn DeRosa, Mike Grady
Commissioner Grace—Craig McAdams
Vice-Mayor Jones—James Mitchell
Mayor Duke—Peggy McKenna, Mark LaRocca
Parks, Recreation and Community Affairs Advisory Board
Mayor Duke—Tim Pelott, Judy Jensen
Vice-Mayor Jones motioned to approve the appointments; seconded by Commissioner
Flury. The motion carried on the following 5-0 Roll Call vote:
Commissioner Brandimarte Yes Vice-Mayor Jones Yes
Commissioner Flury Yes Mayor Duke Yes
Commissioner Grace Yes
13. Administrative Reports
13.1 City Manager
City Manager Baldwin followed up on items discussed at the last Commission meeting: open
positions will be posted on the website, Channel 78, and bulletin board and advertised in the
Dania Beach Press; quotes are being solicited for repair of sidewalks around City Hall and for a
sidewalk from the west entrance of the parking garage to City Hall; sneakers hanging from
overhead wires have been removed; street lights are being worked on; airport signage issues have
been discussed with FDOT and Senator Sobel; Broward County has been put on notice regarding
road cleanups and the County Administrator is willing to work together on these issues.
City Manager Baldwin noted that although Chief Peterson was promoted to Major, he will
continue to be the City's Chief until further notice.
Minutes of Regular Meeting 11
Dania Beach City Commission
Tuesday,January 8,2013—7:00 p.m.
City Manager Baldwin commented we are back to square one with the I-Board and regional
communications since the County Commission has indicated it is not interested in raising ad
valorem taxes to pay for the service. Instead, they feel the cities should pay for regional
communications.
13.2 City Attorney
City Attorney Ansbro had no further comments.
13.3 City Clerk -Reminders
Thursday, January 17, 2013 —6:00 p.m. Abatement Hearing
Tuesday, January 22, 2013 —6:00 p.m. Attorney Client Session—Airport Litigation
Tuesday, January 22, 2013 —7:00 p.m. City Commission Meeting
Tuesday, January 29, 2013 —5:00 p.m. Workshop Goals and Objectives
Wednesday, February 6, 2013 —6:00 p.m. CRA Board Meeting
14. Adjournment
Mayor Duke adjourned the meeting at 9:24 p.m.
ATTEST: CJQFIA BEACH
Is I
LOUISE STILSON, CMC �� _ c, ALTER B. DUKE III
CITY CLERK ` NIAYOR
1
Approved: January 22, 2013
Minutes of Regular Meeting 12
Dania Beach City Commission
Tuesday,January 8,2013—7:00 p.m.
w ' 0
AllREQUEST TO ADDRESS
CITY COMNIISSION 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 be '
DATE OF COMMISSION 7,M
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PRINT N
ADDRESS: Ea
PHONE NO. (optional):
PLEAS HE C4ONE OR BOTH OF THE BOXES BELOW:
1) CITIZEN COMMENTS:
Comments Dania Beach citizens or interested parties that are not part of the regular printed agenda may be made during each
Commis on g 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 TZ'ER OF YOUR CO
72G I j 3
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A2 r-Q Ix 'n
4T IT
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-JUDICLAL"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 I
PRINT NAME: QJle- Vi
r-
ADDRESS:
PHONE NO. (optional):
PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW:
I) CITIZEN COMMENTS:
Comments by Dania Beach citizens or interested parties that are not part of the regular printed agenda may be made during each
Commission meeting during the period set aside for"Citizen Comments." A thirty(30)minute"Citizen Comments"period shall
be designated on the agenda for citizens and interested persons to speak on matters not scheduled on that day's agenda. The
citizen comments' period shall begin promptly at 7:30 PM. Each speaker shall be limited to 3 minutes for his or her comments.
Persons desiring to speak during the citizen comment period shall inform the City Clerk immediately prior to the beginning of the
meeting of their intention to speak. If more than 10 speakers express a desire to speak,the Commission shall determine on a
meeting by meeting basis whether to (a) extend the time allotted for citizen comments to accommodate all speakers, or (b)
whether to limit the number of speakers or amount of time per speaker. A speaker's time shall not be transferable to another
speaker.
PLEASE BRIEFLY DESCRIBE THE SUBJECT MATTER OF YOUR COMMENT:
2) -` PUBLIC HEARINGS—ITEM# (AS PRINTED ON AGENDA)
PLEASE NOTE:IF YOU WISH TO SPEAK ON AN ITEM THAT PERTAINS TO A"ZONING"TYPE OF MATTER(FOR EXAMPLE,A
SITE PLAN,VARIANCE, SPECIAL EXCEPTION OR SIMILAR TYPE OF ITEM KNOWN AS A"QUASI-JUDICIAL"MATTER,YOU
ARE SUBJECT TO BEING ASKED TO SWEAR OR AFFIRM THAT YOU WILL BE TRUTHFUL AS TO YOUR COMMENTS OR
TESTIMONY. YOU MAY ALSO BE SUBJECT TO QUESTIONS ASKED OF YOU BY AN APPLICANT OR AN APPLICANT'S
REPRESENTATIVE OR ATTORNEY WHICH RELATE TO THE ITEM.
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY MATTER
CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS,AND FOR SUCH PURPOSE MAY
NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
LOBBYIST REGISTRATION REQUIRED-REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY
PERSON, FIRM OR CORPORATION IS BEING PAID TO LOBBY ANY CITY COMMISSIONER ON ANY MATTER OR ISSUE
PURSUANT TO CITY ORDINANCE NO. 01-93.REGISTRATION FORMS AND COPIES OF THE ORDINANCE ARE AVAILABLE IN
THE CITY CLERK'S OFFICE AT CITY HALL.
G:Wgenda\PUBLIC SPEAKING FORMdoc
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 COMMISSION MEETING: ! ,2015
PRINT NAME: Gre st &d: - 6 o Ml
ADDRESS: yjr-ti r ! '&✓
PHONE NO. (optional):_6i S q)_� h �f3y 7
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 DESCRIB�E/ THE SUBJECT MATTER OF YOUR COMMENT:
2) s-` 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 SIIvMAR 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:WgendalPUBLIC SPEAKING FORM doc
�J
9. 1
• Batia Dayan
4233 Griffin Road
Dania,FL 33314
December 26,2012
To: City of Dania
From : Batia Dayan
Re : Article 645. Rezoning 4760 SW 42 Terrace, Dania 33314
I, Batia Dayan,on behalf of 4760 LLC requesting a rezoning and flex allocation for the property located
on 4760 SW 42nd Terrace,Dania, Florida,from current zoning of residential(RS-6000)to commercial
• (C-2)subject to restrictions.
I voluntarily willing to revise and restrict the property from the following uses in order to maintain a
harmonious environment to the surrounding neighborhood.
The following uses will not be permitted and will be further recorded in the Broward County;
-Liquor, package stores.
-Restaurant,full service without live entertainment.
-Restaurants and bars with live entertainment as an accessory use.
-Fortune tellers,Palmist,Clairvoyants or Astrologists.
-Auto parts retails or wholesale.
As an educational leadership and an advocated for children,young adult students and their families,my
goal is to promote education through learning,guiding and counseling. My main objective for the above
mentioned property is to utilize the space positively,through education and guidance in order to
enhance our community and make a difference in my neighborhood.
•