Agenda for May 26, 2009

DANIA BEACH CITY COMMISSION

REGULAR MEETING

TUESDAY, MAY 26, 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

Pastor Mario Cinelli, Lighthouse Community Church

3. PRESENTATIONS AND SPECIAL EVENT APPROVALS

1. Special Event Request for Neptune Fireworks to install temporary tents at 768 E. Dania Beach Boulevard from June 10 - July 10, 2009 (Supporting Docs)

2. 2009 COMPREHENSIVE EMERGENCY OPERATIONS PLAN (Supporting Docs)

RESOLUTION NO. 2009-104

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE 2009 COMPREHENSIVE EMERGENCY OPERATIONS PLAN; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

3. Presentation by the Smart Growth Partnership of South Florida (Agenda Request Item)

4. PROCLAMATIONS

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 April 28, 2009 City Commission meeting

Approve minutes from May 12, 2009 City Commission meeting

2. Travel Requests:

Retro travel request for Dean Moss, Supervisor of Beach Lifeguards, to travel to Santa Barbara, California to acquire the donated lifeguard towers by the State of California, from May 17-20, 2009 (Estimated cost $1,125.82)

3. Request Commission approval of an additional $424.37 for Arts & Antiques Festival (Agenda Request Item)

4. Approve fee waiver request for Collins Elementary to use the I.T. Parker Community Center on Thursday, May 28, 2009 for their Awards Banquet, as recommended by the Parks, Recreation and Community Affairs Advisory Board.

5. Approve the fee waiver reduction for the Southern Handcraft Society to use the I.T. Parker Community Center on September 30 - October 3, 2009, as recommended by the Parks, Recreation and Community Affairs Advisory Board.

RESOLUTIONS

6. RESOLUTION NO. 2009-090 (Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, DISSOLVING THE I.T. PARKER COMMUNITY CENTER ADVISORY BOARD; AMENDING RESOLUTION NO. 58-99 WHICH CREATED THE PARKS, RECREATION AND COMMUNITY AFFAIRS ADVISORY BOARD, TO ADD DUTIES FORMERLY PERFORMED BY THE I.T. PARKER COMMUNITY CENTER ADVISORY BOARD TO THE PARKS BOARD; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

7. RESOLUTION NO. 2009-091 (Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, DISSOLVING THE CITY ADVISORY BOARD KNOWN AS THE HUMAN RELATIONS ADVISORY BOARD; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

8. RESOLUTION NO. 2009-106 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH ADVANCED DATA PROCESSING, INC. D/B/A ADPI-INTERMEDIX, A SOLE SOURCE PROVIDER, FOR EMS REPORTING AND RELATED PROFESSIONAL SERVICES, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

9. RESOLUTION NO. 2009-110 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE ONE 2009 FREIGHTLINER M2 CREW CAB RESCUE VEHICLE IN THE AMOUNT OF $230,758.73 FROM HORTON EMERGENCY VEHICLES COMPANY UNDER FLORIDA FIRE CHIEFS’ ASSOCIATION, FLORIDA SHERIFFS’ ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES BID NO. 08-08-0909, WHICH PRICE INCLUDES A TRADE-IN ALLOWANCE FOR 1995 AND 1996 FREIGHTLINER RESCUE VEHICLES; WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

10. RESOLUTION NO. 2009-107 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND THE BROWARD COUNTY SHERIFF, TO ESTABLISH A COUNTY-WIDE INTEROPERABLE PUBLIC SAFETY INTRANET THAT CAN SUPPORT CLOSEST UNIT RESPONSE IN LIFE-THREATENING EMERGENCIES AND REGIONAL SPECIALTY TEAMS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

11. RESOLUTION NO. 2009-108 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND THE BROWARD COUNTY HEALTH DEPARTMENT IN THE EVENT THAT THE STATE OR FEDERAL GOVERNMENT REQUIRE THE ACTIVATION OF THE “STRATEGIC NATIONAL STOCKPILE” OF PHARMACEUTICAL; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

12. RESOLUTION NO. 2009-109 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, DECLARING TWO RESCUE UNITS, A 1995 FREIGHTLINER RESCUE TRUCK AND A 1996 FREIGHTLINER RESCUE TRUCK, TO BE OBSOLETE, SURPLUS, AND OF NO FURTHER USE TO THE CITY OF DANIA BEACH; DECLARING THE INTENT OF THE CITY TO DISPOSE OF THEM AT THE DIRECTION OF THE CITY MANAGER; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

13. RESOLUTION NO. 2009-098 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE STATE REVOLVING FUND LOAN PROGRAM; MAKING FINDINGS; AUTHORIZING A WORK ORDER FOR $239,630.00 FOR DEVELOPMENT OF DESIGN, PERMITTING, BID PHASE SERVICES AND CONSTRUCTION SERVICES BY THE FIRM OF CAMP DRESSER AND MCKEE FOR THE WATER TREATMENT PLANT SOLIDS HANDLING SYSTEM AND BACKWASH RECOVERY BASIN MODIFICATIONS PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE WORK ORDER; PROVIDING ASSURANCES; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

14. RESOLUTION NO. 2009-099 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE ENGINEERING SERVICES FROM CHEN AND ASSOCIATES RELATING TO THE SOLAR LIGHTING PROJECT ASSOCIATED WITH THE NEIGHBORHOOD IMPROVEMENT PROGRAM; PROVIDING THAT THE COST FOR SUCH SERVICES SHALL NOT EXCEED TWENTY FOUR THOUSAND SEVEN HUNDRED AND FIFTY DOLLARS ($24,750.00); PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

15. RESOLUTION NO. 2009-100 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO APPLY FOR, ACCEPT IF AWARDED, AND EXECUTE AN AGREEMENT WITH THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT UNDER THE WATER SAVINGS INCENTIVE PROGRAM IN AN AMOUNT NOT TO EXCEED $58,080.00, PERTAINING TO AUTOMATIC WATER LINE FLUSHING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

16. RESOLUTION NO. 2009-102 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY WITH ASHBRITT, INC., A FLORIDA CORPORATION, FOR DISASTER RECOVERY SERVICES, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS, FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

17. RESOLUTION NO. 2009-101 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A JOINT PARTICIPATION AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR DRAINAGE IMPROVEMENTS ALONG STATE ROAD-5/US-1 FROM SHERIDAN STREET TO DANIA BEACH BOULEVARD WITHIN THE CITY LIMITS OF THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

18. RESOLUTION NO. 2009-105 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A FINAL CHANGE ORDER RELATED TO THE EXISTING AGREEMENT WITH MEF CONSTRUCTION, INC. FOR THE WATER MAIN LOOPING PHASE I PROJECT IN AN AMOUNT NOT TO EXCEED $184,560.00; PROVIDING FOR CONFLICTS; PROVIDING FOR FUNDING; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

19. RESOLUTION NO. 2009-103 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, EXPRESSING THE OFFICIAL INTENT OF THE CITY TO FINANCE A PROJECT KNOWN AS THE DANIA BEACH LIBRARY PROJECT BY INCURRING DEBT AND TO USE THE PROCEEDS FROM SUCH DEBT TO REIMBURSE THE CITY FOR EXPENDITURES MADE PRIOR TO SUCH DEBT BEING INCURRED; PROVIDING FOR PUBLIC AVAILABILITY FOR INSPECTION OF THIS RESOLUTION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

8. BIDS AND REQUESTS FOR PROPOSALS

1. RESOLUTION NO. 2009-097 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE STATE REVOLVING FUND LOAN PROGRAM; MAKING FINDINGS; AUTHORIZING THE AWARD OF A CONTRACT TO HINTERLAND GROUP, INC. IN THE AMOUNT OF $184,975.00 FOR THE REHABILITATION OF LIFT STATION 15; AUTHORIZING THE CITY MANAGER TO EXECUTE THE WORK ORDER; PROVIDING ASSURANCES; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

9. PUBLIC HEARINGS

1. ORDINANCE NO. 2009-008 (Agenda Request Item, Supporting Docs)

AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REQUEST MADE BY JOHN M. MILLEDGE, ESQUIRE, REPRESENTING JOHN T. LOOS, MANAGING MEMBER OF BANYAN BAY MARINE CENTER, LLC, TO REZONE PROPERTY GENERALLY LOCATED AT 4491 RAVENSWOOD ROAD, DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT “A”, A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM R1-C (RESIDENTIAL), TO C-4 (COMMERCIAL) WITH THE ASSIGNMENT OF 2.35 ACRES OF RESIDENTIAL TO COMMERCIAL LAND USE FLEX; SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING)

2. RESOLUTION NO. 2009-092 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE DELEGATION REQUEST SUBMITTED BY JOHN M. MILLEDGE, ESQUIRE, REPRESENTING JOHN T. LOOS, MANAGING MEMBER OF BANYAN BAY MARINE CENTER, LLC, TO CHANGE THE RESTRICTIVE NOTE ON THE PLAT KNOWN AS THE “MVL” PLAT, PREVIOUSLY RECORDED IN PLAT BOOK 146, PAGE 1, AND GENERALLY LOCATED AT 4491 RAVENSWOOD ROAD; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

3. RESOLUTION NO. 2009-093 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST SUBMITTED BY JOHN M. MILLEDGE, ESQUIRE, REPRESENTING JOHN T. LOOS, MANAGING MEMBER OF BANYAN BAY MARINE CENTER, LLC, FOR SPECIAL EXCEPTION REQUESTS TO ALLOW THE CONSTRUCTION OF WET AND DRY STACK MARINAS IN A C-4 (COMMERCIAL) ZONING DISTRICT WITH VARIANCES FROM REQUIRED HEIGHT AND NUMBER OF BOAT SLIPS ALLOWED, AND TO ALLOW CONSTRUCTION OF BOAT REPAIR SERVICE AND STORAGE IN AN IROM (INDUSTRIAL RESEARCH OFFICE MARINE) ZONING DISTRICT, FOR PROPERTY GENERALLY LOCATED AT 4491 RAVENSWOOD ROAD, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

4. RESOLUTION NO. 2009-094 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VARIANCE REQUEST SUBMITTED BY JOHN M. MILLEDGE, ESQUIRE, REPRESENTING JOHN T. LOOS, MANAGING MEMBER OF BANYAN BAY MARINE CENTER, LLC, FROM CHAPTER 28, “ZONING”, CHAPTER 22 “STREETS AND SIDEWALKS”, AND CHAPTER 27 “VEGETATION”, FOR PROPERTY GENERALLY LOCATED AT 4491 RAVENSWOOD ROAD, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

5. RESOLUTION NO. 2009-095 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST AND REQUEST FOR WAIVERS SUBMITTED BY JOHN M. MILLEDGE, ESQUIRE, REPRESENTING JOHN T. LOOS, MANAGING MEMBER OF BANYAN BAY MARINE CENTER, LLC, FOR PROPERTY GENERALLY LOCATED AT 4491 RAVENSWOOD ROAD, IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

6. RESOLUTION NO. 2009-096 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY DAVID ZELCH, ARCHITECT, REPRESENTING THE AMERICAN MARITIME OFFICERS BUILDING CORPORATION OF FLORIDA, INC., (AMO), FOR AN EXTENSION TO THE APPROVED SITE PLAN (SP-46-07) BY RESOLUTION 2007-236 AND VARIANCE (VA-47-07) BY RESOLUTION 2007-235 ON DECEMBER 11, 2007, FOR PROPERTY GENERALLY LOCATED AT 601 SOUTH FEDERAL HIGHWAY, IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

10. DISCUSSION AND POSSIBLE ACTION

1. Schedule Summer Break (Supporting Docs)

2. Discussion on solid waste collection contractual service

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 - 1 appointment

Vice-Mayor McElyea - 2 appointments

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

Commissioner Duke - 1 appointment

Mayor Castro - 1 appointment

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

Commissioner Duke - 1 appointment

Commissioner Jones - 1 appointment

Mayor Castro - 1 appointment

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

Commissioner Duke - 1 appointment

Commissioner Jones - 1 appointment

Mayor Castro - 1 appointment

2 Alternate Members

13. ADMINISTRATIVE REPORTS

13.1 City Manager

13.2 City Attorney

13.3 City Clerk – Reminders

Wednesday, June 3, 2009 – 2:00 p.m. City Commission meeting with Broward County

Wednesday, June 3, 2009 – 6:00 p.m. CRA Board Meeting

Tuesday, June 9, 2009 – 7:00 p.m. City Commission Meeting

Tuesday, June 23, 2009 – 7:00 p.m. City Commission Meeting

14. ADJOURNMENT