HomeMy WebLinkAboutMinutes of Meeting - September 23, 2014 MINUTES OF REGULAR MEETING
DANIA BEACH CITY COMMISSION
TUESDAY, SEPTEMBER 23, 2014 - 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: Chickie Brandimarte
Commissioners: Bobbie H. Grace
Albert C. Jones
Asst. City Manager: Colin Donnelly
City Attorney: Thomas Ansbro
City Clerk: Louise Stilson
2. Invocation and Pledge of Allegiance_
Pastor Ron Hardge, Greater Life Ministries, gave the invocation followed by the Pledge of
Allegiance to the United States Flag.
3. Presentations and Special Event Approvals
3.1 Update on the November 4, 2014 Election—Dr. Brenda Snipes
Fred Bellis, Operations Director, Supervisor of Elections Office, reviewed the presentation that
was included in the agenda packet.
3.2 Special event request from the Oil Spill Response Team for an "Oil Spill Response
Training Exercise" to be held on November 6, 2014, from 8:00 a.m. - 4:00 p.m. at
Whiskey Creek,North of the Fishing Pier and Marina
3.3 Special event request for the annual "St. Maurice at Resurrection Country Fair" to be
held at St. Maurice at Resurrection Church, 2851 Stirling Road on October 30, 2014
through November 2, 2014
3.4 Special event request from Clive Taylor and Clare Frost for the "9th Annual Dania
Beach Vintage Motorcycle Show" to be held on Saturday, January 31, 2015 at Frost
Park, from 10:00 a.m. - 5:00 p.m. The applicant is requesting a road closure for
Fronton Boulevard from N.E. 2nd Street to N.E. 1 Street, between 6:00 a.m. - 5:00
p.m.; a special event fee waiver of $150.00; BSO Message Board; and assistance
from the Parks and Recreation Department
Commissioner Grace motioned to approve the Special Events; seconded by Commissioner
Jones. The motion carried unanimously.
Mayor Duke advanced Item#9.4.
9.4 RESOLUTION#2014-072
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY
OFFICIALS TO EXECUTE THE SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT BY
AND BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND DANIA ENTERTAINMENT CENTER,
LLC; AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND AMENDED AND RESTATED
DEVELOPMENT AGREEMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE. (FIRST PUBLIC HEARING)
City Attorney Ansbro read the title of Resolution#2014-072 and noted this is not a quasi-judicial
hearing.
Attorney Susan Delegal, Billing Cochran Lyles Mauro & Ramsey P.A., 515 E. Las Olas
Boulevard, Ft. Lauderdale, representing Dania Entertainment Center, LLC, introduced members
of their team, and gave a brief history of the Jai Alai property. She provided a letter addressed to
the City Commission stating that Dania Casino and Jai-Alai is working with Career Force
Broward to assist employees in finding employment, and that the current employees will receive
the highest preferential status for re-employment. A copy of this letter is attached to and
incorporated into these minutes. Attorney Delegal discussed the new development agreement
and noted that the level of development does not exceed that which was approved in the past.
John Lockwood, 106 E. College Avenue, Tallahassee, casino gaming lawyer, addressed the tax
issue reported by the newspapers. He explained how the tax payments were calculated and paid,
and how the problem was addressed and resolved. He also addressed the issue of background
investigations for this property and noted he does not believe there are any problems with the
property.
Louis Birdman, 425 Federal Highway, Hallandale, representing DEC, presented an overview of
the project, which plans were included in the agenda packet.
Eric Lipp, Lambert Advisory, 1201 Brickell Avenue, Miami, reviewed the financial and
economic impacts to Broward County and the City.
Mayor Duke opened the Public Hearing.
Attorney Albert Frevola, 633 S. Federal Highway, Ft. Lauderdale, Conrad & Scherer,
representing Herbert Simpson and Citizens for Responsible Development, spoke in opposition to
the request. He objected that this is not a quasi-judicial hearing, and to the fact that adequate
notice was not provided on the website. His further objections included: the lack of record the
Commission is considering in making its decision relative to a finding that there is no
Minutes of Regular Meeting 2
Dania Beach City Commission
Tuesday, September 23,2014—7:00 p.m.
endangerment to public safety or health; the City withholding public records; health and safety
issues not being addressed in that the scope of expansion exceeds Florida Statutes, and does not
comply with the City's Comprehensive Plan, RAC, CRA or land development regulations; and
the agreement not specifically listing all of the use prohibitions pursuant to City code.
Teddy Bohanan, SW 15`h Street, asked if DEC had been involved in any Hollywood
development or anything comparable to what they are doing here.
Tara Butler Jones, 226 NE 5d` Avenue, commented she is directly impacted because 2"d Street is
being closed. She added there are endangered and protected species in the neighborhood, and
she only received public notice 20 minutes before tonight's meeting.
Seeing as there was no one else to speak in favor or opposition, Mayor Duke closed the Public
Hearing.
Commissioner Grace asked if DEC is on target with the closing and re-opening dates,job fairs,
and Jai-Alai players.
Mr. Birdman responded part of the operation would shut down in October; however, Jai-Alai
would continue until December.
Mr. Lockwood responded the players will continue until December 30, and there are ongoing
negotiations and dialogue with them regarding the shutdown period.
Mr. Birdman clarified that 2nd Street will not be closed.
Commissioner Jones asked if revenue from the 2,000 slot machines would continue until they are
moved off the premises.
Mr. Lockwood responded the taxes are current, and the slot license runs until November 24`",
after which date the machines will be removed.
Responding to Commissioner Jones, Attorney Delegal clarified that the casino Human Resources
department is evaluating which employees they would like to bring back, and those employees
will be given preferential consideration for employment.
Commissioner Jones requested that Dania Beach residents be given consideration for
employment, and questioned unemployment benefits for laid-off employees. He asked if DEC
will continue to provide parking for the two City festivals.
Mr. Birdman responded in the affirmative, provided that parking is available and not impacted
during construction.
Vice-Mayor Brandimarte commented she wants the employees to keep up their gaming licenses
when they are laid off, so they can come back.
Minutes of Regular Meeting 3
Dania Beach City Commission
Tuesday, September 23,2014—7:00 p.m.
Mayor Duke thanked the petitioner and staff for the job done on this, and provided his opinion
on the lawsuit, noting that the residents and businesses of Dania Beach are excited about DEC's
success.
4. Proclamations
There were no proclamations at this meeting.
5. Citizen Comments
Leslie Kevles, 3011 W Marina Drive, Estates of Ft. Lauderdale, praised the employees who work
at City Hall.
6. Public Safety Reports
Captain Kevin Granville, BSO Chief of Police, reported that burglary conveyances continue to
be the number one crime, and spoke of recent community events. He reminded everyone of the
Driveway Initiative and encouraged residents to host an event.
Sean Brown, Battalion Chief, BSO Fire Rescue, introduced the members of the ALS (Advanced
Life Support) Competition Team, and recognized them with a plaque.
7. Consent Agenda
Items removed from Consent Agenda: #7.5
7.1 Minutes:
Approve Minutes of September 3, 2014 Abatement Hearing
Approve Minutes of September 8, 2014 Budget Workshop
Approve Minutes of September 9, 2014 City Commission Meeting
Approve Minutes of September 15, 2014 First Budget Public Hearing
7.2 Travel Requests: None
Resolutions
7.3 RESOLUTION#2014-086
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO APPROVE THE INTERLOCAL AGREEMENT FOR
PUBLIC TRANSPORTATION SERVICES BETWEEN BROWARD COUNTY AND THE CITY OF DANIA
BEACH FOR CITY PUBLIC TRANSPORTATION SERVICES FROM OCTOBER 1, 2014 THROUGH
Minutes of Regular Meeting 4
Dania Beach City Commission
Tuesday, September 23,2014—7:00 p.m.
SEPTEMBER 30, 2017; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
7.4 RESOLUTION#2014-087
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO PURCHASE FLOOD INSURANCE FROM AMERICAN
BANKERS INSURANCE COMPANY OF FLORIDA IN THE AMOUNT OF $8,952.00 AND FROM WRIGHT
NATIONAL FLOOD INSURANCE COMPANY IN THE AMOUNT OF $27,100.00; PROVIDING AN ADDED
FUNDING APPROPRIATION OF $5,886.00 FOR POSSIBLE ADDED COVERAGE COSTS FOR POSSIBLE
CITY PROPERTY ADDITIONS DURING THE FISCAL YEAR 2014-2015, FOR A COMBINED TOTAL
AMOUNT OF $41,938.00, FOR THE PERIOD EXTENDING FROM OCTOBER 1, 2014 THROUGH
SEPTEMBER 30, 2015; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
7.6 RESOLUTION#2014-089
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING A ONE(1)YEAR EXTENSION OF AN AGREEMENT EXISTING BETWEEN THE CITY OF
DANIA BEACH, FLORIDA, AND THE BROWARD COUNTY SHERIFF'S OFFICE FOR POLICE SERVICES
BEGINNING OCTOBER 1,2014 AND ENDING SEPTEMBER 30, 2015;AUTHORIZING THE PROPER CITY
OFFICIALS TO EXECUTE THE EXTENSION AGREEMENT FOR SUCH SERVICES; PROVIDING FOR
CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
Commissioner Grace motioned to adopt the Consent Agenda, with the exception of Item
#7.5; seconded by Vice-Mayor Brandimarte. The motion carried unanimously.
7.5 RESOLUTION#2014-088
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AMENDMENT TO AN ENGINEERING
AND CONSTRUCTION MANAGEMENT SERVICES AGREEMENT FOR THE SOUTHEAST DRAINAGE
IMPROVEMENTS PROJECT - PHASE 1 WITH CALVIN, GIORDANO & ASSOCIATES, INC. IN AN
AMOUNT NOT TO EXCEED SEVENTY SIX THOUSAND TWO HUNDRED SIXTY-SIX DOLLARS AND 75
CENTS($76,266.75);PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution#2014-088.
Commissioner Jones noted this is a change order and asked Director Orlando to explain the
project and the need for the change order.
Dominic Orlando, Director of Public Services, provided a history of the southeast stormwater
drainage project, and described the additional engineering and construction services, which are
the reason for this change order.
Commissioner Jones motioned to adopt Resolution #2014-088; seconded by Commissioner
Grace. The motion carried on the following 4-0 Roll Call vote:
Commissioner Grace Yes Vice-Mayor Brandimarte Yes
Minutes of Regular Meeting 5
Dania Beach City Commission
Tuesday,September 23,2014—7:00 p.m.
Commissioner Jones Yes Mayor Duke Yes
8. Bids and Requests for Proposals
8.1 RESOLUTION#2014-090
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
RESPONSES FROM INNOVATIVE METERING SOLUTIONS, INC. AND H.D. SUPPLY INC. AS
PROVIDING THE MOST RESPONSIVE AND RESPONSIBLE PRODUCT AND PRICING TO MEET THE
CITY'S WATER METER PURCHASING NEEDS; AUTHORIZING THE CITY MANAGER TO PURCHASE
WATER METERS AT SPECIFIED COSTS WITH THESE COMPANIES IN AN ANNUAL AMOUNT
EXCEEDING $25,000.00, WITH PURCHASE COSTS BEING LIMITED TO AND PAID FROM APPROVED
ANNUAL BUDGET APPROPRIATIONS FOR PURCHASE OF WATER METERS; PROVIDING FOR
CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution#2014-090.
Commissioner Grace motioned to adopt Resolution #2014-090; seconded by Commissioner
Jones.
Commissioner Jones asked for the total amount of the purchases.
Mark Bates, Director of Finance, responded the amount depends on the replacement program;
the number will vary in any given year between$50,000.00 - $200,000.00, depending on the area
and the number of meters replaced.
The motion carried on the following 4-0 Roll Call vote:
Commissioner Grace Yes Vice-Mayor Brandimarte Yes
Commissioner Jones Yes Mayor Duke Yes
8.2 RESOLUTION#2014-091
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
AN AWARD OF BID AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN
AGREEMENT AS A RESULT OF THE AWARD WITH TRIO CONSTRUCTION, INC, A FLORIDA
CORPORATION, RELATING TO THE OASIS VIII NEIGHBORHOOD IMPROVEMENT PROJECT, IN AN
AMOUNT NOT TO EXCEED $70,700.00; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution#2014-091.
Commissioner Jones motioned to adopt Resolution #2014-091; seconded by Commissioner
Grace. The motion carried on the following 4-0 Roll Call vote:
Commissioner Grace Yes Vice-Mayor Brandimarte Yes
Commissioner Jones Yes Mayor Duke Yes
Minutes of Regular Meeting 6
Dania Beach City Commission
Tuesday,September 23,2014—7:00 p.m.
8.3 RESOLUTION#2014-092
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
AN AWARD OF BID AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN
AGREEMENT AS A RESULT OF THE AWARD WITH DP DEVELOPMENT OF THE TREASURE COAST,
LLC, A FLORIDA LIMITED LIABILITY COMPANY, RELATING TO THE OASIS V NEIGHBORHOOD
IMPROVEMENT PROJECT, IN AN AMOUNT NOT TO EXCEED $115,745.00; PROVIDING FOR
CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution#2014-092.
Commissioner Jones said we need to hear what residents are saying, but if someone wants to opt
out of driveway improvement, it circumvents the process. He felt if something is going to be
done, it should be done uniformly.
Commissioner Jones motioned to adopt Resolution #2014-092; seconded by Commissioner
Grace.
Leslie Kevles, 3011 W. Marina Drive, Estates of Fort Lauderdale, questioned if the Oasis
program includes driveways.
Assistant City Manager Donnelly clarified driveway aprons, not driveways, are included.
The motion carried on the following 4-0 Roll Call vote:
Commissioner Grace Yes Vice-Mayor Brandimarte Yes
Commissioner Jones Yes Mayor Duke Yes
9. Public Hearings and Site Plans
9.1 ORDINANCE#2014-011
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, TO AMEND
CHAPTER 28,PART 3, OF THE "LAND DEVELOPMENT CODE" OF THE CITY'S CODE OF ORDINANCES
BY AMENDING ARTICLE 303, "DISTRICT DEVELOPMENT STANDARDS", CONCERNING DENSITY IN
THE CITY CENTER(CC) DISTRICT AND BEACH GATEWAY MIXED-USE (GTWY-MU) DISTRICT AND
AMENDING ARTICLE 305, "INCENTIVES",ESTABLISHING DEVELOPMENT INCENTIVES RELATED TO
PUBLIC PARKS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND FURTHER,
PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING)
City Attorney Ansbro read the title of Ordinance#2014-011.
Corinne Lajoie, Principal City Planner, provided an overview of the proposed text amendment.
Vice-Mayor Brandimarte opened the Public Hearing. Seeing as there was no one to speak in
favor or opposition, she closed the Public Hearing.
Minutes of Regular Meeting 7
Dania Beach City Commission
Tuesday, September 23,2014—7:00 p.m.
Commissioner Grace motioned to adopt Ordinance #2014-011, on second reading;
seconded by Commissioner Jones. The motion carried on the following 4-0 Roll Call vote:
Commissioner Grace Yes Vice-Mayor Brandimarte Yes
Commissioner Jones Yes Mayor Duke Yes
9.2 ORDINANCE#2014-012
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING
CHAPTER 28 OF THE "LAND DEVELOPMENT CODE" ("LDC") OF THE CITY'S CODE OF ORDINANCES
BY AMENDING ARTICLE 110, "USE REGULATIONS FOR COMMERCIAL AND MIXED-USE DISTRICTS",
CONCERNING PERMITTED USES IN ZONING DISTRICTS AND PROVIDING FOR USE REGULATIONS;
AMENDING ARTICLE 115, "INDUSTRIAL DISTRICTS: PERMITTED, PROHIBITED, SPECIAL
EXCEPTION USES, AND CONDITIONS OF USE", CONCERNING PERMITTED USES IN ZONING
DISTRICTS AND PROVIDING FOR USE REGULATIONS; AMENDING ARTICLE 265, "OFF-STREET
PARKING REQUIREMENTS", CONCERNING OFF-STREET PARKING REQUIREMENTS; AMENDING
ARTICLE 302, "DETAILED USE REGULATIONS", CONCERNING USE REGULATIONS WITHIN THE
NEIGHBORHOOD RESIDENTIAL (NBHD-RES) ZONING DISTRICT; AMENDING ARTICLE 310,
"BUILDING TYPES", CONCERNING REGULATIONS RELATED TO RESIDENTIAL BUILDING TYPES;
AND AMENDING ARTICLE 525, "ARCHITECTURAL STANDARDS FOR THE COMMUNITY
REDEVELOPMENT AREA FORM-BASED ZONING DISTRICTS", CONCERNING ARCHITECTURAL AND
DESIGN STANDARDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING
FOR INCLUSION IN THE CODE;AND PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING)
City Attorney Ansbro read the title of Ordinance #2014-012.
Corinne Lajoie, Principal City Planner, reviewed the changes made to the ordinance since the
first reading.
Mayor Duke opened the Public Hearing. Seeing as there was no one to speak in favor or
opposition, he closed the Public Hearing.
Commissioner Jones motioned to adopt Ordinance#2014-012, on second reading; seconded
by Commissioner Grace. The motion carried on the following 4-0 Roll Call vote:
Commissioner Grace Yes Vice-Mayor Brandimarte Yes
Commissioner Jones Yes Mayor Duke Yes
9.3 RESOLUTION#2014-050
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
THE SITE PLAN (SP-011-14) SUBMITTED BY EVAL LEVY ON BEHALF OF THE PROPERTY OWNER
OFER BEN SHOSHAN FOR PROPERTY LOCATED AT 4430 SW 32ND AVENUE IN THE CITY OF DANIA
BEACH,FLORIDA;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution #2014-050 and advised this item was a quasi-
judicial hearing and swore-in those who would speak. He asked the Commission to disclose any
communication they had on this matter.
Minutes of Regular Meeting 8
Dania Beach City Commission
Tuesday, September 23,2014—7:00 p.m.
Corinne Lajoie, Principal City Planner, reviewed the revised site plan, and noted that three
additional conditions have been added to the resolution: the project is limited to no more than 29
boat slips parallel to the seawall; dolphin piles shall not extend more than 6 feet; and use of
docks are limited to owners and tenants.
Attorney Susan Delegal, Billing Cochran Lyles Mauro & Ramsey P.A., 515 E. Las Olas
Boulevard, Ft. Lauderdale, representing the petitioner, noted they have been working diligently
to improve the project as requested by the residents and Commission.
Mayor Duke opened the Public Hearing.
Jay Field, 4501 SW 30a'Lane, spoke in support of the project.
Seeing as there was no one else to speak in favor or opposition, Mayor Duke closed the Public
Hearing.
Commissioner Jones motioned to adopt Resolution #2014-050; seconded by Commissioner
Grace. The motion carried on the following 4-0 Roll Call vote:
Commissioner Grace Yes Vice-Mayor Brandimarte Yes
Commissioner Jones Yes Mayor Duke Yes
10. Discussion and Possible Action
Mayor Duke addressed the Family Dollar rezoning and plat ordinances that failed at the last
meeting. He noted he believes in property rights, but is also concerned about what the residents
want on Griffin Road; he or Commissioner Grace could motion to reconsider the ordinances
since they had voted no on them.
City Attorney Ansbro explained there is always a risk in approving a site plan. He said a re-do is
in order and they would go through the entire process again. He suggested waiting until we have
a full Commission before rehearing the item.
Commissioner Grace asked for clarification if the Commission does a reconsideration. She said
she does not want the residents to suffer for something they do not want in their neighborhood,
but she also does not want to have litigation against the City.
City Attorney Ansbro reiterated that the attorneys have been notified as to how the Commission
feels, and they understand it. He clarified that nothing requires the Commission to rezone the
property. If it is rezoned to Commercial, the uses can be somewhat controlled by adjustments to
the plat.
Christine Douglas, 4665 SW 38n` Terrace, President of Davis Isles Homeowners Association,
spoke on behalf of some of the residents. She noted they do not want a Family Dollar Store on
Griffin Road; they want nice businesses that are unique for their neighborhood.
Minutes of Regular Meeting 9
Dania Beach City Commission
Tuesday,September 23,2014—7:00 p.m.
Scott Backman, attorney for the developer, not the property owner, asked Mayor Duke and
Commissioner Grace for an opportunity to revive the deal in order to move forward with the
process of gathering community input.
Ms. Douglas noted she was at the meeting a couple of years ago when a Dollar Store was
discussed, and would contact her neighbors if reconsideration is approved.
The Commission concurred that the request would not come before the Commission until after
the election and there is a full Commission.
Commissioner Grace motioned to reconsider the denial of Ordinance#2014-013 (rezoning),
and Ordinance #2014-014 (Plat), from the September 9, 2014 City Commission meeting,
and not take any action until the new commissioner is seated; seconded by Commissioner
Jones. The motion failed on the following 2-2 Roll Call vote:
Commissioner Grace No Vice-Mayor Brandimarte Yes
Commissioner Jones Yes Mayor Duke No
Mayor Duke motioned to reconsider the denial of Ordinance #2014-013 (rezoning), and
Ordinance #2014-014 (Plat), from the September 9, 2014 City Commission meeting at the
next City Commission meeting; seconded by Commissioner Grace. The motion failed on
the following 2-2 Roll Call vote:
Commissioner Grace Yes Vice-Mayor Brandimarte No
Commissioner Jones No Mayor Duke Yes
11. Commission Comments
11.1 Commissioner Grace
Commissioner Grace spoke of recent and upcoming community events and meetings.
City Attorney Ansbro clarified the actions taken earlier regarding Family Dollar.
Commissioner Grace motioned to rescind her earlier motion to reconsider the denial of
Ordinance #2014-013 (rezoning), and Ordinance #2014-014 (Plat), from the September 9,
2014 City Commission meeting; seconded by Commissioner Jones. The motion carried on
the following 4-0 Roll Call vote:
Commissioner Grace Yes Vice-Mayor Brandimarte Yes
Commissioner Jones Yes Mayor Duke Yes
Commissioner Grace motioned to reconsider Ordinance #2014-013 (rezoning), and
Ordinance #2014-014 (Plat), from the September 9, 2014 City Commission meeting no
Minutes of Regular Meeting 10
Dania Beach City Commission
Tuesday, September 23,2014—7:00 p.m.
sooner than November 18, 2014; seconded by Vice-Mayor Brandimarte. The motion
carried on the following 3-1 Roll Call vote:
Commissioner Grace Yes Vice-Mayor Brandimarte Yes
Commissioner Jones Yes Mayor Duke No
11.2 Commissioner Jones
Commissioner Jones reported overgrowth which requires tending to at NE 2nd Avenue and the
alley.
Commissioner Jones spoke of an upcoming breast cancer awareness event at St. Ruth Missionary
Baptist Church.
11.3 Vice-Mayor Brandimarte
Vice-Mayor Brandimarte congratulated Public Services Director Orlando on the SE stormwater
project at Meadowbrook, and spoke of an email regarding flooding at the shopping center on
Sheridan Street.
11.4 Mayor Duke
Mayor Duke addressed the flooding at Sheridan Square, noting that major improvements have
been made to Sheridan Street and the City has worked proactively with the center's private
owner to help move water off the property. He added past workshop discussions were held
regarding the drainage plan and tying into the center, at their expense, to help them alleviate
some of the drainage issue.
12. Appointments
Commissioner Jones motioned to re-appoint Commissioner Flury's board appointments;
seconded by Vice-Mayor Brandimarte. The motion failed on the following 2-2 vote:
Commissioner Grace No Vice-Mayor Brandimarte Yes
Commissioner Jones Yes Mayor Duke No
13. Administrative Reports
13.1 City Manager
Assistant City Manager Donnelly had no comments.
13.2 City Attorney
Minutes of Regular Meeting 11
Dania Beach City Commission
Tuesday, September 23,2014—7:00 p.m.
City Attorney Ansbro spoke of the Medical Marijuana Workshop scheduled for October lst
13.3 City Clerk - Reminders
Wednesday, September 24, 2014 - 5:01 p.m. Second Budget Public Hearing
Wednesday, October 1, 2014 - 5:00 p.m. Medical Marijuana Workshop
Wednesday, October 1, 2014 - 6:00 p.m. CRA Board Meeting
Tuesday, October 14, 2014 - 7:00 p.m. City Commission Meeting
14. Adjournment
Mayor Duke adjourned the meeting at 9:32 p.m.
ATTEST: CITY OF DANIA BEACH
1
j
per S LOUISE STILSON, CMC ®`�° r�� WALTER B. DUKE, III
CITY CLERK MAYOR
Approved: October 14, 2014
A
ATED 19"
Minutes of Regular Meeting 12
Dania Beach City Commission
Tuesday, September 23,2014—7:00 p.m.
i
I
DANIA
CASINO
&JAI ALAI
September 23th,2014
Mayor Walter B.Duke, III
Vice-Mayor Chickie Brandimarte
i Commissioner Bobby H. Grace
Commissioner Albert C. Jones
100 West Dania Beach Blvd
Dania Beach,Florida 33004
I
Re: Re-Employment of Dania Casino and Jai-Alai and Employees
Dear Mayor, Vice-Mayor and Commissioners:
During the public hearing of September 2, 2014 on the Second Amended and
Restated Development Agreement relating to the renovations to the Dania Casino and
Jai-Alai facility, the City Commission raised concerns regarding the status of current
employees who will be terminated as a result of the temporary closure of the facility.
There are a total of 246 employees at Dania Casino and Jai-Alai. Dania Entertainment
Center LLC (DEC) has initiated the process of temporarily eliminating 214 of these
positions during the reconstruction. The process will occur over a period of several
months beginning mid October and concluding late December, 2014. Thirty-two of the
current employees will remain employed during the construction period. All employees,
with the exception of 36 Jai-Alai players who are under a contract expiring December,
2014,have received or will receive WARN notices, in accordance with the requirements
of federal law, advising that their employment will expire no earlier than sixty(60) days
after the notice.
You have asked us for a commitment regarding rehiring of employees of the
Casino and Jai-Alai facility. We can advise you that we will give these employees the
highest priority for rehire with preferential standing over other applicants possessing the
same level of skill, experience, and knowledge. That said, in order to be rehired, the
employee must continue to be qualified for employment at Dania Casino and Jai-Alai.
Each employee will be required to maintain a gaming license in good standing with the
State of Florida, and must pass a drug test and a background check. All employees of a
casino or pari-mutuel facility, including Jai-Alai players, must have the appropriate
gaming license issued by the State.
As a responsible employer, DEC has adopted certain rules and regulations
regarding its employees. Such rules and regulations include procedures for discipline
Mayor Walter B.Duke,III
u Vice-Mayor Chickie Brandimarte
Commissioner Bobbie H. Grace
Commissioner Albert C. Jones
which we administer in a fair and non-discriminatory manner. We maintain a
comprehensive process for progressive discipline and keep records of disciplinary action
as a method of protecting our employees and the company as well. As you would expect,
these records will be reviewed in connection with the rehiring of individual employees.
We also want to advise you that we are working closely with Career Source
Broward, formerly known as Workforce One, to assist employees in finding other
employment. We will be facilitating an event between employees who request such
assistance and representatives of Career Source Broward on September 23,24 and 25.
u
Thank you for the opportunity to outline DEC's plans for rehiring current Dania
Casino and Jai-Alai employees once the facility is back in operation and to explain our
current efforts to assist our employees in securing other work.
Sincerely,
u
uis it an
M ger of a LLC
cc: Robert Baldwin,City Manager
Tom Ansbro,Esq.City Attorney
u
ri
d`,� FSrx 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: Z n-d
PRINT NAME:
ADDRESS: l9 W K �� �exd w`f l� 3 3
PHONE NO.(optional): is- O(D
PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW:
1) 0 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 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 WITH REGARD TO ANY MATTER CONSIDERED AT THIS
MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE MAY NEED TO ENSURE
THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE
UPON WHICH THE APPEAL IS TO BE BASED.
LOBBYIST REGISTRATION IS REQUIRED. PRIOR TO ENGAGING IN ANY LOBBYING ACTIVITIES, WHETHER OR NOT
COMPENSATION IS PAID OR RECEIVED IN CONNECTION WITH THOSE ACTIVITIES,EACH LOBBYIST SHALL FILE WITH THE
CITY CLERK AN ANNUAL REGISTRATION STATEMENT AND PAY AN ANNUAL ONE HUNDRED DOLLARS ($100.00)
REGISTRATION FEE FOR EACH PRINCIPAL OR EMPLOYER. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S
OFFICE,OR ON THE CITY WEBSITE:WWW.DANIABEACHFL.GOV. (ORDINANCE#2012-019)
G:\Agenda\PUBLIC SPEAKING FORM.doc
0«sr REQUEST TO ADDRESS
CITY COMIMSSION AT REGULAR
Mm
- ' 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 ETING: 20
PRINT NAME:
ADDRESS:
PHONE NO.(optional):
PLEASE CHECK Oft' OR BOTH OF THE BOXES BELOW:
1) 6 1Z 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 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 B FLY DESCRIBE THE SUBJECT MATTER OF Y CO M ME—NT:
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 DIEM.
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS
MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE MAY NEED TO ENSURE
THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE
UPON WHICH THE APPEAL IS TO BE BASED.
LOBBYIST REGISTRATION IS REQUIRED. PRIOR TO ENGAGING IN ANY LOBBYING ACTIVITIES, WHETHER OR NOT
COMPENSATION IS PAID OR RECEIVED IN CONNECTION WITH THOSE ACTIVITIES,EACH LOBBYIST SHALL FILE WITH THE
CITY CLERK AN ANNUAL REGISTRATION STATEMENT AND PAY AN ANNUAL ONE HUNDRED DOLLARS ($100.00)
REGISTRATION FEE FOR EACH PRINCIPAL OR EMPLOYER. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S
OFFICE,OR ON THE CITY WEBSITE:W Ww.DANI ABEACHFL.GOV. (ORDINANCE#2012-019)
G:\Agenda\PUBLIC SPEAKING FORM doc
REQUEST TO ADDRESSMffil
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 begins.
DATE OF COMMISSION MEETING: 97- d_3 ,20A
PRINT NAME:4�,, s 1'—rti f )Cll�
,3 !�
ADDRESS: 7�
PHONE NO.(optional):
PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW:
I) 13�/ 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. 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:
-a
k\-v
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 WITH REGARD TO ANY MATTER CONSIDERED AT THIS
MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE MAY NEED TO ENSURE
THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE
UPON WHICH THE APPEAL IS TO BE BASED.
LOBBYIST REGISTRATION IS REQUIRED. PRIOR TO ENGAGING IN ANY LOBBYING ACTIVITIES, WHETHER OR NOT
COMPENSATION IS PAID OR RECEIVED IN CONNECTION WITH THOSE ACTIVITIES,EACH LOBBYIST SHALL FILE WITH THE
CITY CLERK AN ANNUAL REGISTRATION STATEMENT AND PAY AN ANNUAL ONE HUNDRED DOLLARS ($100.00)
REGISTRATION FEE FOR EACH PRINCIPAL OR EMPLOYER. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S
OFFICE,OR ON THE CITY WEBSITE:WWW.DANIABEACHFL.GOV. (ORDINANCE#2012-019)
G:kA.genda\PUBLIC SPEAKING FORM doc