HomeMy WebLinkAboutMinutes of Meeting - April 12, 2016 (2) MINUTES OF REGULAR MEETING
DANIA BEACH CITY COMMISSION
TUESDAY, APRIL 12, 2016 — 7:00 P.M.
1. Call to Order/Roll Call
Mayor Salvino called the meeting to order at 7:00 p.m.
Present:
Mayor: Marco A. Salvino, Sr.
Vice-Mayor: Albert C. Jones
Commissioners: Chickie Brandimarte
Paul Fetscher
Bobbie H. Grace
City Manager: Robert Baldwin
City Attorney: Thomas Ansbro
City Clerk: Louise Stilson
2. Moment of Silence and Pledge of Allegiance
Mayor Salvino called for a moment of silence followed by the Pledge of Allegiance to the United
States Flag.
3. Presentations and Special Event,Approvals
3.1 Legislative Update— Senator Eleanor Sobel
Senator Eleanor Sobel provided an overview on the recent legislative session. She thanked the
Commission for welcoming the Holocaust Museum to the City. She spoke of Bold Justice, and
noted Bright Futures will come back fully funded.
3.2 Creative Arts Council Advisory Board Annual Update—Bo Donly, Chairman
Bo Donly, Chairman of the Creative Arts Council Advisory Board, reported on activities of the
Board for the past year. He noted they have an active grants subcommittee that is looking for
money to do some of the things they want to do. They are working with the Friends of the
Library to create a museum for Dania Beach. They need inter-cooperation with City agencies,
and more involvement. They need $1,000.00 for two projects: hanging hardware for the atrium
art and an atrium reception for everyone who has contributed to art in the City. They need a
budget for projects such as murals on bare walls, painting bridges, park benches, bus stop art,
youth theater and outdoor concerts. He also noted they have not had a budget since their first
year, and they need a part-time cultural arts coordinator. Lastly, they need a future funding plan
for art and culture in Dania Beach; a 1-2% charge on commercial development would provide
funding.
3.3 Special Event request from Adele Besher, Psy. D. and Hilda Besner, Ph. D. to hold a
"Wellness For Your Body and Mind" event at City Hall on May 7, 2016, from 9:00
a.m. - 2:00 p.m. The applicant is requesting the following: Special Event fee waiver
of $150.00, parking for vendors and attendees, and use of the City Commission
Chamber, Atrium, and the NW Conference Room.
Commissioner Grace motioned to approve the Special Event request for the Wellness for
Your Body and Mind event, including the $150.00 fee waiver, parking accommodations,
and use of City Hall; seconded by Vice-Mayor Jones . The motion carried unanimously.
3.4 Approve the Parks, Recreation and Community Affairs Advisory Board
recommendation for a rental fee reduction for use of the I. T. Parker Community
Center, by the Southern Handcraft Society, on September 28, 2016 - October 1, 2016,
from$4,800.00 to $1,200.00.
Mertie Murray, president of the Southern Handcraft Society, gave a background of their
organization and past use of the community center. She noted many Dania Beach and
Hollywood residents attend their show, and described their promotion of, and benefit to, City
restaurants and the community.
Commissioner Brandimarte said she did her research on the annual event; the City is out
$35,000.00 over the past seven years, and our administrative costs are not even covered. She
noted our residents are required to pay $100.00 per hour and a $500.00 deposit for use of the
facility. She questioned whether there is a benefit to the City for having the event at the
community center.
Commissioner Grace noted she attends the event and supports the request.
Commissioner Fetscher questioned how the rates we charge are determined. City Manager
Baldwin explained they are based on the actual cost.
Mark Felicetty, Director of Parks and Recreation, noted the cost is approximately $400.00 per
day.
Mayor Salvino commented the vendors profit from the sales. He recommended we recover our
dead cost for this year because they are so far into it this year.
City Manager Baldwin commented staff is preparing a policy with a recommendation for no fee
waivers in the future; this will be presented at the next meeting.
Ms. Murray stated they are willing to cover the City's $1,600.00 costs this year.
Minutes of Regular Meeting 2
Dania Beach City Commission
Tuesday,April 12,2016—7:00 p.m.
Commissioner Brandimarte motioned to approve the use of the I.T. Parker Community
Center, by the Southern Handcraft Society, on September 28-October 1,2016 for a reduced
fee of$1,200.00, plus the actual City cost to be determined by Parks & Recreation Director
Felicetty; seconded by Vice-Mayor Jones. The motion carried on the following 4-1 vote:
Commissioner Brandimarte Yes Vice-Mayor Jones Yes
Commissioner Fetscher No Mayor Salvino Yes
Commissioner Grace Yes
4. Proclamations
4.1 National Library Week—Qarole Morris, Friends of the Dania Beach Library
Tim Bain, Library Manager, and members of the Friends of the Dania Beach Library, read the
proclamation for National Library Week, and thanked the Commission for their continued
support.
5. Citizen Comments
Jim Silvernale, Dania Beach Lions Club, noted they have rescheduled the Classic Car Show for
October 15, 2016.
Terry Hale-Hicks, 331 SW 2nd Avenue, thanked the Commission for providing funds to the
Aging and Disability Resource Center of Broward County.
Veronica Larkins, 211 NW 12t' Avenue, noted there are plans underway to hold a kick ball
game, through the Dania Bears, on April 30d'at CW Thomas Park; she has not talked to Parks &
Recreation Director Felicetty or Jimmy Peterman yet.
Ilene Michelson, 800 SE 3`d Avenue, Ft. Lauderdale, asked the Commission if they would be
interested in annexing the property at 1005 E Dania Beach Boulevard into the City. She asked
that the Commission place a discussion item on the next agenda.
The Commission consensus was for a discussion item to be placed on the next agenda.
6. Public Safety Reports
Lieutenant Dan Suarez, BSO Fire Rescue, reported the new sprinkler system is up and running at
the pier. He noted Chief Brown will be at the next meeting to discuss the SAFER Grant, and
Fire Rescue is accepting applications for their summer youth cadet program.
Lieutenant Anthony DeMarco, BSO, reported on criminal activity in the City.
Minutes of Regular Meeting 3
Dania Beach City Commission
Tuesday,April 12,2016—7:00 p.m.
7. Consent Agenda
Items added to ConsentAgenda:Revised Resolution #2016-032 for Item #7.9
Items removedfrom Consent Agenda: #7.4
7.1 Minutes:
Approve Minutes of March 22, 2016 City Commission Meeting
7.2 Travel Requests:
Request from Brad Kaine, Public Services Director, to attend the Florida APWA (American
Public Works Association) Expo 2016 in Tampa, Florida, on April 18-22, 2016 (estimated cost
$1,488.94)
Resolutions
7.3 RESOLUTION#2016-026
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, ADOPTING
THE 2015 UPDATE OF THE "UNIFIED REGIONAL SEA LEVEL RISE PROJECTION FOR SOUTHEAST
FLORIDA" AS THE BASIS FOR SEA LEVEL RISE ADAPTATION PLANNING ACTIVITIES; PROVIDING
FOR CONFLICTS;FURTHER PROVIDING FOR AN EFFECTIVE DATE.
7.5 RESOLUTION#2016-028
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
EXECUTION BY THE PROPER CITY OFFICIALS OF THE 2016 AMENDMENT TO AN INTERLOCAL
AGREEMENT EXISTING BETWEEN BROWARD COUNTY,FLORIDA AND THE CITY OF DANIA BEACH,
FLORIDA;PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD
COUNTY ADDITIONAL THREE (3) CENT LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE;
PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
7.6 RESOLUTION#2016-029
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
THE EXECUTION BY THE PROPER CITY OFFICIALS OF THE 2016 AMENDMENT TO AN INTERLOCAL
AGREEMENT EXISTING BETWEEN BROWARD COUNTY,FLORIDA AND THE CITY OF DANIA BEACH,
FLORIDA;PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD
COUNTY ADDITIONAL FIVE (5) CENT LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT;
PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
7.7 RESOLUTION#2016-030
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
EXECUTION BY THE PROPER CITY OFFICIALS OF THE 2016 AMENDMENT TO AN INTERLOCAL
AGREEMENT EXISTING BETWEEN BROWARD COUNTY,FLORIDA AND THE CITY OF DANIA BEACH,
FLORIDA; PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS OF THE SIX (6) CENT
LOCAL OPTION GAS TAX IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX
ORDINANCE;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
Minutes of Regular Meeting 4
Dania Beach City Commission
Tuesday,April 12,2016—7:00 p.m.
7.8 RESOLUTION#2016-031
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING AND RATIFYING THE EXPENDITURE OF FUNDS FOR MOLD REMEDIATION
SERVICES PURCHASED AND TO BE PURCHASED FROM AFFORDABLE RESTORATION, INC.
THROUGH THE END OF FISCAL YEAR 2015-2016, INCLUSIVE OF EXISTING PURCHASES THAT
EXCEED AN ANNUAL VENDOR TOTAL OF TWENTY-FIVE THOUSAND DOLLARS ($25,000.00);
PROVIDING THAT SUCH PURCHASES ARE TO BE MADE WITHIN THE RESPECTIVE DEPARTMENTS'
APPROVED DEPARTMENT BUDGET APPROPRIATIONS; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
7.9 RESOLUTION#2016-032 Revised Resolution
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A CONTRACT WITH SFM SERVICES, INC.
RELATING TO TREE PURCHASES AND INSTALLATION, REMOVAL AND RELOCATION SERVICES,
UNDER THE CITY OF MIAMI LAKES, FLORIDA INVITATION TO BID 2016-16 TO BE PERFORMED IN
AN ANNUAL AMOUNT EXCEEDING $25,000.00 WITHIN A SINGLE FISCAL YEAR, SUCH SERVICES
BEING LIMITED TO AND PAID FROM ANNUAL BUDGET APPROPRIATIONS FOR LANDSCAPING;
PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
7.10 RESOLUTION#2016-033
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT FOR ENGINEERING
SERVICES WITH CHEN MOORE AND ASSOCIATES, INC., RELATED TO THE SW 40'H AVENUE
SIDEWALK PROJECT IN AN AMOUNT NOT TO EXCEED TWENTY TWO THOUSAND EIGHT HUNDRED
SIXTY DOLLARS ($22,860.00), WHICH WILL EXCEED THE ANNUAL $25,000.00 CITY THRESHOLD FOR
A SINGLE VENDOR WITHIN A SINGLE FISCAL YEAR; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
7.11 RESOLUTION#2016-034
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE CITY ADMINISTRATION TO PURCHASE SERVICES FROM CHEN MOORE AND
ASSOCIATES, INC. AND AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN
AGREEMENT FOR GENERAL PROFESSIONAL ENGINEERING SERVICES WITH THE COMPANY
RELATED TO NPDES PERMITS,IN AN AMOUNT NOT TO EXCEED TWENTY FOUR THOUSAND SEVEN
HUNDRED FORTY DOLLARS ($24,740.00); WAIVING THE CITY PROCUREMENT POLICY REQUIRING
THREE (3) WRITTEN QUOTES, FURTHER, EXCEEDING THE ANNUAL $25,000.00 THRESHOLD FOR A
SINGLE VENDOR WITHIN A SINGLE FISCAL YEAR; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
7.12 RESOLUTION#2016-037
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT AND TO RATIFY
RELATED EXPENDITURES INCURRED WITH CARNAHAN, PROCTOR AND CROSS, INC. FOR
PROFESSIONAL ENGINEERING SERVICES CONSISTING OF PLAT AND SURVEY REVIEW SERVICES
RELATED TO THE DANIA POINTE DEVELOPMENT PROJECT; PROCEEDING WITHOUT COMPETITIVE
BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS, IN AN AMOUNT NOT TO EXCEED TWELVE
Minutes of Regular Meeting 5
Dania Beach City Commission
Tuesday,April 12,2016—7:00 p.m.
THOUSAND DOLLARS ($12,000.00); PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS;
FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
7.13 RESOLUTION#2016-038
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT AND TO RATIFY
RELATED EXPENDITURES INCURRED WITH CARNAHAN, PROCTOR AND CROSS, INC. FOR
PROFESSIONAL ENGINEERING SERVICES CONSISTING OF CIVIL ENGINEERING REZONING REVIEW
SERVICES RELATED TO THE DANIA POINTE DEVELOPMENT PROJECT; PROCEEDING WITHOUT
COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS, IN AN AMOUNT NOT TO
EXCEED THIRTY FOUR THOUSAND FIVE HUNDRED DOLLARS ($34,500.00); PROVIDING FOR
FUNDING;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
7.14 RESOLUTION#2016-039
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT AND TO RATIFY
RELATED EXPENDITURES INCURRED WITH CARNAHAN, PROCTOR AND CROSS, INC. FOR
PROFESSIONAL ENGINEERING SERVICES CONSISTING OF TRAFFIC ENGINEERING SITE PLAN
REVIEW SERVICES RELATED TO THE DANIA POINTE DEVELOPMENT PROJECT; PROCEEDING
WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS, IN AN AMOUNT
NOT TO EXCEED THIRTY FOUR THOUSAND FIVE HUNDRED DOLLARS($34,500.00);PROVIDING FOR
FUNDING;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
Commissioner Grace motioned to adopt the Consent Agenda, including revised Resolution
#2016-032 for Item #7.9, and with the exception of Item #7.4; seconded by Mayor Salvino.
The motion carried unanimously.
7.4 RESOLUTION#2016-027
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE CITY ADMINISTRATION TO PURCHASE AND PROVIDE FOR OVERLAYING AND
MILLING ON THE STREETS IMPACTED BY THE BROWARD COUNTY WATER AND WASTEWATER
PROJECTS IN THE WESTERN PORTION OF DANIA BEACH IN FISCAL YEAR 2016, IN AN AMOUNT
NOT TO EXCEED SEVENTY TWO THOUSAND DOLLARS ($72,000.00), FROM RIC-MAN
CONSTRUCTION FLORIDA, INC. WITHOUT COMPETITIVE BIDDING AND WITHOUT
ADVERTISEMENTS FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution#2016-027.
Vice-Mayor Jones said he wanted to talk about this project because we have had differences with
the County, so we need to get some rules of engagement down.
City Manager Baldwin explained the County repaved half of each street they tore up doing utility
work, and refused to pave the whole street. There were a lot of complaints from residents, so we
worked out a piggyback arrangement with the County contractor to repave the entirety of those
streets impacted. This should have been the County's responsibility; however, our residents are
the ones affected and we agreed to pay the cost.
Minutes of Regular Meeting 6
Dania Beach City Commission
Tuesday,April 12,2016-7:00 p.m.
Vice-Mayor Jones felt that unless we get some rules of engagement down, the County can
continue to do this in the future. We have to stand our ground and say enough is enough.
Commissioner Brandimarte said the residents should not be held hostage because the County
wants to be lousy to Dania Beach.
Vice-Mayor Jones motioned to adopt Resolution #2016-027; seconded by Commissioner
Grace.
Mayor Salvino confirmed the County supplies, and charges for, water and sewer service to this
area, and questioned why it is our responsibility to pave the streets when they tore them up to
deliver their product. Although the County is taking money out of our budget, we should agree
to get this done and not hold up the residents, but we should also take legal action against the
County to recover the money.
After a brief discussion, members of the Commission felt a letter should be sent to the County
expressing our concerns.
Public Services Director Kaine noted an arrangement was worked out and the County is paying
72%of the cost for this project.
The motion carried unanimously.
8. Bids and Requests for Proposals
8.1 RESOLUTION#2016-024
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
ESTABLISHING A RANKING OF UTILITY ANNUAL METER READING SERVICES PROVIDERS;
AUTHORIZING THE PROPER CITY OFFICIALS TO AWARD A BID TO U. S. WATER SERVICES
CORPORATION AND TO NEGOTIATE AND EXECUTE A FINAL AGREEMENT FOR SERVICES;
PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution#2016-024.
Nicki Satterfield, Finance Director, explained that administration recommends awarding a bid to
provide water meter reading services because it is in the best interest of the City.
Commissioner Fetscher questioned the annual increase in contract costs, and Finance Director
Satterfield responded it will be tied to a not-to-exceed amount of 3%.
Vice-Mayor Jones felt that the single qualified proposer should agree to the $60,000.00 we have
budgeted for the first year, and if they are not willing to do that, we should re-bid.
Minutes of Regular Meeting 7
Dania Beach City Commission
Tuesday,April 12,2016—7:00 p.m.
Commissioner Grace said she is not happy with this proposal because we have qualified
employees who can do this job; she wants this done in-house by existing employees. She does
not like going outside of the City for vendors to do the different jobs we have when they can be
done by City employees.
Discussion ensued regarding the current meter reading operation and outsourcing the function.
Mayor Salvino commented he likes in-house people and suggested that we advertise to fill the
vacant position.
Finance Director Satterfield noted the other option that the Commission may want to consider if
we do not contract this out is to look at upgrading the position in order to increase the applicant
pool.
Vice-Mayor Jones motioned to adopt Resolution #2016-024, at a not to exceed cost of
$65,000.00; seconded by Commissioner Brandimarte. The motion carried on the following
3-2 Roll Call vote:
Commissioner Brandimarte Yes Vice-Mayor Jones Yes
Commissioner Fetscher Yes Mayor Salvino No
Commissioner Grace No
8.2 RESOLUTION#2016-035
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $2,900,000.00 IN AGGREGATE PRINCIPAL
AMOUNT OF CITY OF DANIA BEACH, FLORIDA GENERAL OBLIGATION REFUNDING BONDS,
SERIES 2016, TO REFUND OUTSTANDING BONDS OF THE CITY DESCRIBED IN THIS RESOLUTION
AND PAY COSTS OF ISSUANCE; APPROVING BRANCH BANKING AND TRUST COMPANY AS THE
MOST RESPONSIVE AND RESPONSIBLE RESPONDER TO THE CITY'S REQUEST FOR PROPOSALS FOR
REFUNDING THE OUTSTANDING BONDS; AUTHORIZING THE NEGOTIATED SALE OF THE BONDS
TO BRANCH BANKING AND TRUST COMPANY; APPROVING THE FORM AND EXECUTION OF A
LOAN AGREEMENT; AUTHORIZING THE CITY MANAGER AND OTHER OFFICERS TO TAKE ALL
NECESSARY STEPS TO PREPARE AND EXECUTE FINAL BOND AND LOAN DOCUMENTS;
DESIGNATING THE BONDS TO BE A "QUALIFIED TAX-EXEMPT OBLIGATION" WITHIN THE
MEANING OF SECTION 265(B) OF THE INTERNAL REVENUE CODE; PROVIDING FOR CONFLICTS;
FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution#2016-035.
Commissioner Grace motioned to adopt Resolution #2016-035; seconded by Vice-Mayor
Jones. The motion carried on the following 5-0 Roll Call vote:
Commissioner Brandimarte Yes Vice-Mayor Jones Yes
Commissioner Fetscher Yes Mayor Salvino Yes
Commissioner Grace Yes
8.3 RESOLUTION#2016-036
Minutes of Regular Meeting 8
Dania Beach City Commission
Tuesday,April 12,2016—7:00 p.m.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY DANIA BEACH, FLORIDA REQUESTING
ADVANCE APPROVAL_ FROM THE CITY COMMISSION FOR ADVERTISEMENT OF THE CAPITAL
PROJECT KNOWN AS SOUTHEAST STORMWATER DRAINAGE PROJECT PHASE II AND FURTHER
AUTHORIZING THE CITY MANAGER TO PREPARE AND ISSUE A REQUEST FOR PROPOSALS FOR
DESIGN-BUILD SERVICES; PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE
DATE.
City Attorney Ansbro read the title of Resolution#2016-036.
Brad Kaine, Public Services Director,provided an overview of the project.
Vice-Mayor Jones motioned to adopt Resolution #2016-036; seconded by Commissioner
Grace. The motion carried on the following 5-0 Roll Call vote:
Commissioner Brandimarte Yes Vice-Mayor Jones Yes
Commissioner Fetscher Yes Mayor Salvino Yes
Commissioner Grace Yes
9. Public Hearings and Site Plans
There were no public hearings on this agenda.
10. Discussion and Possible Action
There were no discussion items on this agenda.
11. Commission Comments
11.1 Commissioner Brandimarte
Commissioner Brandimarte expressed condolences to the family of Rae Sandler on the passing
of her father and to the family of Bill Wallace.
11.2 Commissioner Fetscher
Commissioner Fetscher had no comments.
11.3 Commissioner Grace
Commissioner Grace thanked the members of the Charter Review Board.
Commissioner Grace spoke of Earth Day at the PATCH on Saturday, and the Bold Justice
meeting held last night.
Minutes of Regular Meeting 9
Dania Beach City Commission
Tuesday,April 12,2016—7:00 p.m.
11.4 Vice-Mayor Jones
Vice-Mayor Jones spoke of the Women's Club fashion.show, the Seniors lunch, the Plywood
Regatta, Family Health and Wellness Day, the new CEO of Memorial Healthcare System, Dr.
Von Mizell (Lloyd State Park), and Summer Break Spot.
11.5 Mayor Salvino
Mayor Salvino commented we need to keep the Arts & Seafood Celebration and the Motorcycle
Show in the City. He thanked the Casino for their support in these events.
Mayor Salvino said he, along with other City representatives, met with the FAA and they were
shocked that Broward County was so far behind on the sound mitigation and insulation program.
They promised to have 500 homes done by the end of the year and the remainder by 2018.
Mayor Salvino spoke of the Dania Pointe project, and the softball/baseball/tee-ball program at
Frost Park.
12. Appointments
12.1 Creative Arts Council Advisory Board
There were no appointments at this meeting.
13. Administrative Reports
13.1 City Manager
City Manager Baldwin had no comments.
13.2 City Attorney
City Attorney Ansbro discussed the memo that he provided the Commission on options for
expediting timely completion of development projects,which is attached to and incorporated into
these minutes. This will be a discussion item for the next meeting.
13.3 City Clerk—Reminders
Tuesday, April 26, 2016 - 5:00 p.m. City Commission Workshop—Charter
Review Board Recommendations
Tuesday, April 26, 2016 - 6:00 p.m. CRA Board Meeting
Tuesday, April 26, 2016 - 7:00 p.m. City Commission Meeting
Tuesday, May 10, 2016 - 6:00 p.m. CRA Board Meeting
Tuesday, May 10, 2016 - 7:00 p.m. City Commission Meeting
Minutes of Regular Meeting 10
Dania Beach City Commission
Tuesday,April 12,2016—7:00 p.m.
14. Adjournment
Mayor Salvino adjourned the meeting at 9:13 p.m.
ATTEST: CITY OF DANIA BEACH
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LOUISE STILSON, CM O A. SALVING, SR.
CITY CLERK MAYOR
Approved: April 26, 2016
Minutes of Regular Meeting 11
Dania Beach City Commission
Tuesday,April 12,2016—7:00 p.m.
F 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: P �' 7i ,20-9-
PRINT NAME: �'c'�� C r psi C1�
ADDRESS: Sv ( S', vi y--x j-v`a-- Dj9wi Aq Ane— 3 a 04
PHONE NO. (optional): 9 y 9
PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW:
1} CITIZEN COMMENTS:
Comment Xvyinia 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 ($100.00)
REGISTRATION FEE FOR EACH PRINCIPAL OR EMPLOYER. REGISTRATION FORMS ARE AVAILABLE ON THE CITY WEBSITE:
WWW.DANIABEACHFL.GOV. (ORDINANCE#2012-019)
G:\Agenda\PUBLIC SPEAKING FORM.doc
F$
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: 920
PRINT NAME:
ADDRESS:
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. 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:
Az)gc ' ICJ
2) i 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 ON THE CITY WEBSITE:
WWW.DANIABEACHFL.GOV. (ORDINANCE#2012-019)
G:\Agenda\PUBLIC SPEAKING FORM.doc
.#FI 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:
_;Aj!!:
PRINT NAME: Y ��'` '
ADDRESS:
PHONE NO.(optional):
PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW:
1) 1U 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 ON THE CITY WEBSITE:
WWW.DANIABEACHFL.GOV. (ORDINANCE#2012-019)
G:\Agenda\PUBLIC SPEAKING FORM.doc
F4fg
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: '.rt-' w 920
PRINT NAME`�I exle- rA tX `S o
ADDRESS: ou o
PHONE NO. (optional): r`-�Co "J co I a
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. 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:
CC`��i �as`k' �0►-�� ��zc�
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 ON THE CITY WEBSITE:
WWW.DANIABEACHFL.GOV. (ORDINANCE#2012-019)
G:\Agenda\PUBLIC SPEAKING FORM.doc
T
MEMORANDUM
Date: April 11, 2016
To: Marco A. Salvino, Sr., Mayor
Albert C. Jones, Vice Mayor
Chickie Brandimarte, Commissioner
Bobbie H. Grace, Commissioner
Paul Fetscher, Sr., Commissioner
CC: Robert Baldwin, City Manager
Marc LaFerrier, Director, Community Development Department
Corinne Lajoie, Planning and Zoning Manager
Louise Stilson, City Clerk
From: Thomas J. A_nsbro, City Attorney J
Subject: Options for Expediting Timely Completion of Development Projects
At a recent City Commission meeting, the Commission expressed concerns with developments
which obtain approvals and then fail to begin construction. While it is recognized that market
and financial forces are significant factors that remain beyond the control of the City, staff and
my office have reviewed and considered several options that are available to the City
Commission that may serve to encourage timely development construction after City
Commission approval is obtained.
Option 1: Prepare an ordinance amending the City's Land Development Code to reduce the
development approval time frame (e.g., reduce it from 18 months to 12 months) as well as
provide for reduced extension time frames.
However, one important point to keep in mind is that, generally, once a building permit is
obtained, the development approval "clock" stops running for zoning based approvals. The first
building permit, typically for site and foundation work, can operate to satisfy the "permit"
requirement. Also, permits can be renewed under the Florida Building Code without any work
starting. In many instances, building permits can be years old with very little work completed,
since owners seek and obtain renewals to keep building permits alive.
Options for Expediting Timely Development Project Completion
Page 2 of 2
A modified alternative to Option 1 would be to require that the total original application fee
amount must be paid for each extension and that an extension is only valid for nine (9) months
with, e.g., a maximum of two (2)extensions allowed.
Option 2: Prepare an ordinance to prevent "flipping". The ordinance would stipulate that site
plans are "personal" to the applicant. Note that this requirement could be placed in the City
Commission development order (resolution), as a condition of approval (i.e., an ordinance is not
necessarily required). It is anticipated that applicants will balk at such a condition, claiming it
will interfere with financing. However, if an applicant is determined to proceed, financing should
likely be able to be secured.
Places like the City of Coral Gables have extremely demanding aesthetic and design
requirements, so that a developer/property owner is required to reach a level of preparation of
detailed plans (such as a schematic level design) and spend substantial funds just to get plan
approvals. That makes the process more expensive and lengthy, but based in reality, it means
that applicants are less likely to "flip" a project. However, this has not been the development
approval atmosphere within the City and it is difficult to foresee how successful such a
demanding approach with applicants will be.
Option 3: Establish a new development application fee schedule that includes a rebate, based
upon a pro-rated time schedule for the start of construction. This option would provide a rebate
incentive to applicants who or which apply for and are issued building permits in a timely
manner. Applicants who or which fail to meet the schedule deadlines would potentially forfeit a
portion, or in some cases, all of the development application fee. However, in order for this
option to be effective the new development application fees would need to be significantly
higher than the existing fee structure currently in place.
Marc LaFerrier has also collected a number of other cities' site plan expiration regulations for
your review and consideration (attached).
TJA/law
Attachment: Site Plan Approvals- Research
SITE PLAN APPROVAL EXPIRATION RESEARCH
r
DEERFIELD BEACH
Sec.98-14.-DRC major development review procedures.
• (j)Expiration or extension of site plan approval.A site plan approval shall expire 18 months
following the date of approval unless a building permit for a principal building as required by the Florida
Building Code,2004 as amended has been issued to the applicant and kept in force so that work is
proceeding towards a completion of the site and project in a commercially reasonable time.A 12-month
extension of time may be granted by the city commission when all applicable building, zoning,and
engineering regulations remain the same and good cause has been shown by the applicant.The
proposed development will be reviewed by the DRC to assure that all applicable building,zoning and
engineering regulations have been met.Good cause may include, but shall not be limited to,delay
caused by governmental action or inaction or other factors totally beyond the control of the applicant.
An extension shall only be granted where an applicant has applied for an extension during the effective
period of the development.Only one extension shall be permitted. For site plans approved subsequent
to January 1, 2004,and for which construction on a principal building has commenced to the point of
passing the tie-beam inspection,the city commission may,on application,either reinstate the approved
site plan or extend the site plan for a period of 12 months from the date of the approval of the
reinstatement or extension.This extension shall be granted only where the applicant affirms to the city
that it has a good faith intention to commence and complete construction during the period of
extension and that it has the ability to do so;the city may,in its discretion, require verification of such
facts. In no event shall the extension provided by this provision apply to any site plans for which a
building permit was first granted subsequent to December 1,2009.
SUNRISE
Sec. 16-39.-Master development plan.
(e) Effective period of approval.Approval of a master development plan as provided herein shall be
effective for a period of eighteen(18)months. Unless a site plan approval is obtained on or before the
last day of the eighteenth month following the date of approval,said approval shall expire.The applicant
may request an extension of the approval period by submitting written justification to the department
for the proposed extension.The department may grant, in writing,two (2)extensions of one(1)year
each for good cause.Thereafter,the applicant must reapply for a new master development plan.Staff
may deny an extension due to any changes of the land development code or comprehensive plan,
adopted since the master plan approval that renders the master plan inconsistent with the
Comprehensive Plan or Code or incompatible with the surrounding properties.
NORTH LAUDERDALE
• Sec.98-34.- Effective period of approval.
Approval of a master plan as provided in this article shall be effective for a period of 18 months.Within
that 18-month period the developer shall apply for and receive a development review certificate and
building permit for the project as approved or some portion thereof. Failure to obtain a development
review certificate and the maintenance of current building permit on or before the last day of the 18th
month following the date of approval shall result in the expiration of the master plan approval.
COCONUT CREEK
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SITE PLAN APPROVAL EXPIRATION RESEARCH
Sec. 13-547.-Review procedures.
(e) Expiration or extension of site plan approval.A site plan approval shall expire eighteen (18)months
following the date of approval unless a building permit for a principal building as required by the
applicable Florida Building Code has been issued to the applicant and kept in force.A twelve-month
extension of the site plan approval may be granted by the development services director when all
applicable planning, building,zoning,and engineering regulations in effect at the time of the original site
plan approval remain unchanged.An extension shall only be granted when an applicant has applied for
an extension during the original effective period of the site plan and a determination that the project
development is proceeding with due diligence has been made by the development services director.
Only one(1)extension shall be permitted.
PARKLAND
u.Effective period of site plan approval.A final site plan which has been approved pursuant to
the provisions of this Code shall be void (as shall any variances and conditional uses approved
concurrently)after a period of eighteen(18) months following the date of approval unless a building
permit for a principal building has been issued and construction (pouring of the foundation) has begun.
After the issuance of a building permit for the principal buildings and after construction has begun,the
site plan approval shall remain in effect until the completion of the development; provided, however,
that the site plan approval shall expire if there are no active building permits in effect for the
development for a consecutive period in excess of one(1)year and ninety(90)days.The city
commission may grant one(1)extension of the time period of site plan approval of up to eighteen(18)
months.At least sixty(60)days prior to the date of expiration of the original site plan approval,the
applicant shall submit the extension request. Provided that the city commission finds that the applicant
has demonstrated good cause for the delay in obtaining building permits and the applicant is not in
violation of any condition of the site plan approval,a six-month extension of the site plan approval
period may be granted.
LAUDERHILL
Sec.5.1.-Approval of site plan;application for building and engineering permits.
•5.1.3.When a proposed site plan or development plan has been approved by the Planning and Zoning
Board of the City,the applicant shall have a period of six(6)months from the date of approval in which
to apply for a building permit or permits which would be required for construction of the proposed site
plan or development plan. If the applicant shall not apply for said permit or permits within a six-month
period,then the applicant may request a six-month extension in which to apply for said building permit
or permits from the Director of Community Development.The Director of Community Development
shall grant such request if he or she determines that the site plan or development plan has not been
modified or altered and still conforms to the original site plan which was approved by the Planning and
Zoning Board. If the applicant shall not apply for said permit or permits within the six-month period,or
within the twelve-month period if an extension has been granted,then the approval of the Planning and
Zoning Board shall be considered null and void and the applicant shall be required to resubmit a
proposed site plan or development plan before any building permit can be issued for construction.
5.1.4. If any project shall not be completed within three (3)years after final site plan approval,all
permits shall be automatically revoked unless extended by the City Commission by resolution.
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SITE PLAN APPROVAL EXPIRATION RESEARCH
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TAMARAC
Sec.10-2.-Site plan review procedures and standards.
(c)Site plan review procedures.
(9)Expiration of site plan approval unless building permits) issued within one (1)year.Any site
plan approval shall be void one(1)year after the date of approval unless a building permit has been
issued for the construction of all facilities provided in the site plan and construction is diligently pursued.
If a building permit is issued within one(1)year of approval of the site plan,the building official shall
make periodic inspections in order to determine whether or not construction is being diligently pursued.
If the building official determines that construction is not being diligently pursued,then he or she shall
notify in writing the owner of property and any other interested party who has requested such notice.
The site plan approval shall be void six(6)months after the date of such notice unless construction has
been diligently resumed within that six(6)month period. Minor construction related work which does
not substantially advance the project to completion will not be deemed sufficient to avoid voiding site
approval.
HALLANDALE BEACH
Sec.32-790.-Expiration of approvals.
(a)All minor development, major development and conditional use approvals(hereinafter collectively
referred to as"site plan")shall expire,except during the pendency of litigation whereby the time
requirements in this ordinance are tolled unless:
(1)A complete application for a building permit for the above-ground principal use as shown on the
approved site plan has been submitted within 18 months following the date of approval of the site plan;
and
(2)A building permit for such above-ground principal use is issued within 24 months following the date
of approval of the site plan.
(3)Such building permit remains valid and in effect until a certificate of occupancy,or other equivalent
approval is granted for such principal use.
(b)An approved site plan that includes more than one principal use,shall expire unless:
(1)A complete application and building permit and a certificate of occupancy is issued for one of the
above-ground principal structures as provided in subsection (a);
(2)A complete application for a building permit for any subsequent above-ground principal use shown
on the approved site plan has been submitted within 18 months following the date of issuance of a
certificate of occupancy for the principal use most recently completed; and
(3)A building permit for such above-ground principal use is issued within 24 months following the date
of issuance of a certificate of occupancy for the principal use most recently completed;
(4)Such building permit remains valid and in effect until a certificate of occupancy or other equivalent
approval is granted for such principal use;and
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SITE PLAN APPROVAL EXPIRATION RESEARCH
(5)A complete application is submitted and building permits are issued for each subsequent principal
use in accordance with subsection (a)of this section until a certificate of occupancy of its equivalent is
issued for all of the principal uses on the approved site plan.
(6)Notwithstanding the provisions of this subsection (b),a site plan that includes more than one
principal use shall expire if certificates of occupancy for all principal uses have not been issued within
seven years of site plan approval or as negotiated by a development agreement.
(c)lf a building permit for construction of an above-ground principal use as provided herein expires,the
site plan shall expire and prior to issuance of any additional building permits,the applicant shall be
required to submit a new application for and receive approval of a new site plan for such above-ground
principal use.
(d)lf a site plan expires,the allocation of any commercial flex,residential flex,reserve units or other
dwelling units,granted for any use that has not received a certificate of occupancy or equivalent
certification shall expire at the time the site plan expires.
(e)A six-month extension of time for site plan expiration may be granted by the city manager provided
all applicable building,zoning and engineering regulations remain the same and good cause for the
delay has been shown by the applicant.Good cause may include, but shall not be limited to,delay
caused by governmental action or inaction or other factors totally beyond the control of the applicant.
An extension shall only be granted where an applicant has requested an extension in writing during the
effective period of the development permit.
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