Agenda for April 14, 2009

DANIA BEACH CITY COMMISSION

REGULAR MEETING

TUESDAY, APRIL 14, 2009 - 7:00 P.M.

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 REQUIRED. REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY PERSON, FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO ORDINANCE # 01-93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK’S OFFICE IN THE ADMINISTRATION CENTER.

IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE CITY CLERK’S OFFICE, 100 W. DANIA BEACH BOULEVARD, DANIA BEACH, FL 33004, (954) 924-6800 EXTENSION 3624, AT LEAST 48 HOURS PRIOR TO THE MEETING.

IN CONSIDERATION OF OTHERS, WE ASK THAT YOU:

A. PLEASE TURN CELL PHONES OFF, OR PLACE ON VIBRATE. IF YOU MUST MAKE A CALL, PLEASE STEP OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING.

B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE, PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING.

1. CALL TO ORDER/ROLL CALL

2. INVOCATION AND PLEDGE OF ALLEGIANCE

Reverend Gregory Pope, Bethel Missionary Baptist Church

3. PRESENTATIONS AND SPECIAL EVENT APPROVALS

4. PROCLAMATIONS

1. Poppy Day (Supporting Docs)

2. Volunteer Appreciation Week (Supporting Docs)

5. CITIZEN COMMENTS

Addressing the Commission: Comments by Dania Beach citizens, or other interested parties that are not part of the regular 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 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.

6. PUBLIC SAFETY REPORTS

7. CONSENT AGENDA

1. Minutes (Supporting Docs)

Approve minutes from March 17, 2009 Organizational Meeting

Approve minutes from March 19, 2009 Abatement Hearing

Approve minutes from March 24, 2009 City Commission Meeting

2. Travel Requests:

Request from Louise Stilson, City Clerk, to attend the Florida Association of City Clerks Annual Conference in Sanibel, Florida from June 28- July 1, 2009 for certification purposes. (Estimated cost $782.00; remaining budget $584.00)

Request from Michael Cassano, Deputy Fire Chief, Benjamin Rudbeck, Division Chief, John Williamson, Fire Captain, and Joe Husosky, IS Technical Support, to attend the Telestaff Software Implementation training in Irvine, California from May 3-9, 2009 (Estimated cost $3,775.00; remaining budget $4,394.00)

3. RESOLUTION NO. 2009-056 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, WAIVING COMPETITIVE BIDDING AND ENGAGING ONLINE UTILITY EXCHANGE AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH THE COMPANY FOR CREDIT CHECK SERVICES IN COMPLIANCE WITH THE “RED FLAG” RULE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

4. RESOLUTION NO. 2009-061 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA RELATING TO THE AWARD OF A CONTRACT TO MOLLOY BROS. INC., A FLORIDA CORPORATION, FOR DRAINAGE SYSTEM REPAIRS ASSOCIATED WITH THE MEADOWBROOK CONDOMINIUM, PHASES IV AND V, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS, FOR A SUM NOT TO EXCEED $54,115.27; PROVIDING FOR FUNDING; FURTHER, AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO FUNDING AGREEMENTS WITH THE TWO ASSOCIATIONS FOR PHASES IV AND V, PERTAINING TO THE REPAIR WORK; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

5. RESOLUTION NO. 2009-053 (Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, GRANTING AN ACCESS EASEMENT TO STIRLING DESIGN LIMITED PARTNERSHIP FOR PROPERTY LOCATED ON STIRLING ROAD, ADJACENT TO THE CITY PUBLIC SERVICES COMPOUND TO ACCOMMODATE REDEVELOPMENT BY STIRLING DESIGN LIMITED PARTNERSHIP; PROVIDING FOR CONFLICTS, FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

6. RESOLUTION NO. 2009-057 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING PARTICIPATION IN AN ASSISTANCE TO FIREFIGHTERS MATCHING GRANT PROGRAM FUNDED THROUGH THE US DEPARTMENT OF HOMELAND SECURITY FEDERAL EMERGENCY MANAGEMENT AGENCY; AUTHORIZING THE EXECUTION OF ALL DOCUMENTS NECESSARY TO PARTICIPATE IN THE GRANT; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

7. RESOLUTION NO. 2009-058 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, DECLARING A 1995 FREIGHTLINER RESCUE VEHICLE TO BE OBSOLETE, SURPLUS, AND OF NO FURTHER USE TO THE CITY OF DANIA BEACH; DECLARING THE INTENT OF THE CITY TO DISPOSE OF SAME AT THE DIRECTION OF THE CITY MANAGER; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

8. RESOLUTION NO. 2009-059 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE APPROPRIATION OF FUNDS IN CONNECTION WITH THE SW 1st AVENUE WATER MAIN REPLACEMENT PROJECT; APPROVING THE PURCHASE FROM HD SUPPLY WATERWORKS, LTD. IN AN AMOUNT NOT TO EXCEED $32,000.00; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

9. RESOLUTION NO. 2009-052 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH THE MELLGREN PLANNING GROUP, INC. TO PROVIDE CONSULTING SERVICES TO THE CITY IN CONNECTION WITH THE PREPARATION OF THE GRIFFIN ROAD CORRIDOR STUDY (ALSO KNOWN AS THE “WESTSIDE MASTER PLAN”), FOR AN AMOUNT NOT TO EXCEED $137,284.00; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

10. RESOLUTION NO. 2009-055 (Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ACCEPTING A CONVEYANCE OF LAND BY DEED FROM RECONOR MIAMI, LLC, SUCH LAND BEING IDENTIFIED IN EXHIBIT "A" ATTACHED TO THIS RESOLUTION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

11. RESOLUTION NO. 2009-060 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO OBTAIN SECURITY SERVICES FOR THE DANIA BEACH MARINA FROM STATEWIDE ENTERPRISES, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS FOR A SUM NOT TO EXCEED $31,537.00 FOR A SIX MONTH PERIOD; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

8. BIDS AND REQUESTS FOR PROPOSALS

9. PUBLIC HEARINGS

1. ORDINANCE NO. 2009-006 (Agenda Request Item, Supporting Docs)

AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES; AMENDING CHAPTER 28, “ZONING,” BY CREATING SECTION 21.22 ENTITLED “DESIGN VARIATIONS” TO ENCOURAGE DEVELOPMENT THAT IS CONSISTENT WITH THE RECOMMENDATIONS OF THE ADOPTED COMMUNITY REDEVELOPMENT AREA PLAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING)

2. RESOLUTION NO. 2009-050 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST (SP-04-09) SUBMITTED BY THE CITY OF DANIA BEACH, FOR PROPERTY LOCATED AT 324 WEST DIXIE HIGHWAY (GENERALLY LOCATED ON THE EAST SIDE OF SW 4TH AVENUE, NORTH OF WEST DIXIE HIGHWAY), IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

3. RESOLUTION NO. 2009-051 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST (SP-03-09) SUBMITTED BY THE CITY OF DANIA BEACH, FOR PROPERTY LOCATED AT 1251 SW 12TH AVENUE (GENERALLY LOCATED ON THE WEST SIDE OF PHIPPEN-WAITERS ROAD), IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

4. RESOLUTION NO. 2009-049 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING VARIANCE REQUESTS SUBMITTED BY MARK ENGEL, ARCHITECT, REPRESENTING THE BROWARD CHILDREN’S CENTER SUPPORTING FOUNDATION, INC., FROM CHAPTER 28, “ZONING” AND CHAPTER 26, “VEGETATION”, FOR PROPERTY LOCATED AT 3891 STIRLING ROAD, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

10. DISCUSSION AND POSSIBLE ACTION

1. Appointment of Director, Alternate, and Second Alternate to attend and vote at any Board of Director or General Membership meeting for the Broward League of Cities – Mayor Castro (Supporting Docs)

2. Beach Watch Restaurant sale of alcoholic beverages for Cancun Sunset Festival –City Attorney Ansbro (Supporting Docs)

3. Creation of new Charter Review Board - Commissioner Duke (Supporting Docs)

4. Discussion and approval of deposit requirements and policy in compliance with the Red Flag Rule, effective May 1, 2009 – Finance Director Varney (Agenda Request Item, Supporting Docs)

5. Discussion of charging for transient vessels at the marina - Assistant City Manager Donnelly

11. COMMISSION COMMENTS

11.1 Commissioner Anton

11.2 Commissioner Duke

11.3 Commissioner Jones

11.4 Vice-Mayor McElyea

11.5 Mayor Castro

12. APPOINTMENTS

1. Airport Advisory Board (15 Members - 3 per Commissioner - 2 Year Term)

Commissioner Duke - 3 appointments

Vice-Mayor McElyea - 3 appointments

Mayor Castro - 3 appointments

2. Civil Service Board (2 Regular Members and 1 Alternate Member appointed by City Commission)

City Commission - 3 Residents

3. General Employees Pension Board (2 Commission appointed residents, 1 Commission representative)

City Commission - 2 Residents

City Commission - 1 Commission Representative

4. Grant Advisory Board (5 Members - 1 per Commissioner - Term consistent with the duration of the term of the appointing Commissioner)

Commissioner Duke - 1 appointment

Vice- Mayor McElyea - 1 appointment

Mayor Castro - 1 appointment

5. Green Advisory Board (5 Members - 1 per Commissioner - Term consistent with the duration of the term of the appointing Commissioner)

Vice-Mayor McElyea - 1 appointment

Mayor Castro - 1 appointment

6. Human Relations Board (10 Members - 2 per Commissioner - 2 Year Term)

Commissioner Anton - 2 appointments

Commissioner Duke - 2 appointments

Vice-Mayor McElyea - 2 appointments

Mayor Castro - 2 appointments

7. I.T. Parker Community Center Advisory Board (5 Regular Members and 1 Alternate Member - 1 per Commissioner - 2 Year Term)

Commissioner Anton - 1 appointment

Commissioner Duke - 1 appointment

Commissioner Jones - 1 appointment

Vice-Mayor McElyea - 1 appointment

Mayor Castro - 1 appointment

1 Alternate Member

8. Marine Advisory Board (15 Members - 3 per Commissioner - 2 Year Term)

Commissioner Duke - 3 appointments

Commissioner Jones - 1 appointment

Mayor Castro - 3 appointments

9. Nuisance Abatement Board (5 Regular Members and 2 Alternate Members - 1 per Commissioner - Alternates by entire Commission - 2 Year Term)

Commissioner Anton - 1 appointment

Commissioner Duke - 1 appointment

Commissioner Jones - 1 appointment

Vice-Mayor McElyea - 1 appointment

Mayor Castro - 1 appointment

2 Alternate Members

10. Parks, Recreation and Community Affairs Advisory Board (10 Members - 1 per Commissioner - 2 Year Term)

Commissioner Duke - 2 appointments

Vice-Mayor McElyea - 1 appointment

Mayor Castro - 2 appointments

11. Planning & Zoning Board (5 Members - 1 per Commissioner - 2 Year Term)

Commissioner Duke - 1 appointment

Mayor Castro - 1 appointment

12. Police and Fire Pension Board (4 Commission appointed residents, 1 of whom shall be a member of the Commission)

4 City Commission appointments, 1 of whom is a City Commissioner

13. Unsafe Structures Board (9 Members - 3 Year Term)

1 Attorney

1 Plumbing Contractor

1 Real Estate Property Manager

13. ADMINISTRATIVE REPORTS

13.1 City Manager

13.2 City Attorney

13.3 City Clerk - Reminders

Tuesday, April 28, 2009 - 7:00 p.m. City Commission Meeting

Wednesday, May 6, 2009 - 6:00 p.m. CRA Board Meeting

Tuesday, May 12, 2009 - 7:00 p.m. City Commission Meeting

Thursday, May 21, 2009 - 6:00 p.m. Abatement Hearing

Tuesday, May 26, 2009 - 7:00 p.m. City Commission Meeting

14. ADJOURNMENT