Agenda for July 28, 2009

DANIA BEACH CITY COMMISSION

REGULAR MEETING

TUESDAY, JULY 28, 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 Juan Cuevas, Maranatha Ministries

3. PRESENTATIONS AND SPECIAL EVENT APPROVALS

1. Presentation by Kristen Jones: Update of Frost Park Skate Park

2. Westrec Marinas Ribbon Cutting Ceremony and BBQ to be held August 8, 2009 from 11:00 a.m. - 3:00 p.m. (Supporting Docs)

3. Westrec Marinas Customer Appreciation BBQ to be held September 7, 2009 from 11:00 a.m. - 2:00 p.m. (Supporting Docs)

4. Back to school backpack giveaway to be held August 8, 2009 from 8:00 a.m. to 3:00 p.m. (Supporting Docs)

5. Presentation by Chen and Associates regarding UAZ 307 & 315 Project (Supporting Docs)

This project includes installing watermain, sanitary sewer, lift station rehabilitation and forcemain in the following areas within the City of Dania Beach: UAZ 307 – SW 24th Street to Ravenswood Road, Griffin Road north to the Dania Cut-off Canal & UAZ 315 – SW 35th Avenue to SW 32nd Avenue, Griffin Road north to the Dania Cut-off Canal

6. Presentation by The Mellgren Planning Group regarding the Westside Master Plan

7. United Churches of Liberia "Progress in the Park" Back-to-School Parade and Rally (Supporting Docs)

4. PROCLAMATIONS

1. "Progress in the Park" Annual Back-to-School Parade and Rally (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 June 9, 2009 City Commission meeting

Approve minutes from June 23, 2009 Site Plan Review Workshop

Approve minutes from June 23, 2009 City Commission meeting

2. Travel Requests:

Request from Commissioner Albert Jones to attend the Florida League of Cities Annual Conference in Orlando, Florida on August 13-15, 2009 (Estimated cost $1,036.50; remaining balance $1,961.16)

Request from Corinne Lajoie, Senior Planner, to attend the APA Florida 2009 Conference in Jacksonville, Florida on September 15-18, 2009, for certification purposes (Estimated cost $997.20; remaining balance $3,379.71)

RESOLUTIONS

3. RESOLUTION NO. 2009-127 (Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RECOGNIZING THE "BUILDING CITIZENSHIP IN THE COMMUNITY: BACK TO BASICS" INITIATIVE OF THE FLORIDA LEAGUE OF CITIES, INC.; PLEDGING SUPPORT FOR THIS STATEWIDE EFFORT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

4. RESOLUTION NO. 2009-128 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXTEND THE CURRENT AGREEMENT WITH STAFFING CONNECTION/ACTION LABOR MANAGEMENT, LLC, FOR A PERIOD OF TWO YEARS, FOR AN AMOUNT NOT TO EXCEED $74,000.00 PER YEAR TO PROVIDE SCHOOL CROSSING GUARD STAFFING SERVICES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

5. RESOLUTION NO. 2009-129 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING PAYMENT TO ROBERT McDONALD AND ASSOCIATES, P.A., IN AN AMOUNT NOT TO EXCEED $51,012.51 REPRESENTING EXTENDED SERVICES DUE TO THE ARCHITECT FOR THE FIRE STATION 93 PROJECT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

6. RESOLUTION NO. 2009-130 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING PAYMENT TO BRADANNA, INC., IN AN AMOUNT NOT TO EXCEED $159,876.58 FOR CHANGE ORDERS FOR THE STATION 93 PROJECT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

7. RESOLUTION NO. 2009-131 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO ACCEPT MISCELLANEOUS TRAFFIC CONTROL DEVICES TO BE DISTRIBUTED TO THE CITY OF DANIA BEACH, AS A PARTICIPATING AGENCY, THROUGH THE CITY OF SUNRISE, FLORIDA, AS LEAD AGENCY FOR A STATE EMS GRANT, AT NO COST TO PARTICIPATING AGENCIES; AUTHORIZING THE EXECUTION OF ANY DOCUMENTS NECESSARY TO RECEIVE THE DEVICES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

8. RESOLUTION NO. 2009-132 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A “THIRD AMENDMENT TO RESIDENTIAL SOLID WASTE AND RECYCLING COLLECTION SERVICES CONTRACT” WITH WASTE MANAGEMENT, INC., OF FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

9. RESOLUTION NO. 2009-133 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE SERVICES FROM CALVIN, GIORDANO AND ASSOCIATES RELATING TO ENGINEERING SERVICES FOR LINEAR PARK DRAINAGE REVISIONS, SUCH SERVICES NOT TO EXCEED FOURTEEN THOUSAND FOUR HUNDRED FIFTY DOLLARS ($14,450.00); PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

10. RESOLUTION NO. 2009-134 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE THREE PARKING METERS FROM PARKEON, INC., A SOLE SOURCE CONTRACTOR, FOR AN AMOUNT NOT TO EXCEED $32,774.00 IN FISCAL YEAR 2008-2009; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

11. RESOLUTION NO. 2009-136 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE ELECTRICAL SERVICES FOR VARIOUS CITY FACILITIES AND NECESSARY SERVICES FROM R & R ELECTRIC OF BROWARD, INC., IN AN AMOUNT NOT TO EXCEED THIRTY THOUSAND DOLLARS $30,000.00 FOR THE FISCAL YEAR 2008-2009, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

12. RESOLUTION NO. 2009-137 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPROPRIATE FUNDS FOR BUILDING PERMIT FEES RELATING TO THE MAUSOLEUM PROJECT, SUCH FEES NOT TO EXCEED THE AMOUNT OF TEN THOUSAND NINE HUNDRED EIGHTY DOLLARS ($10,980.00); PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

13. RESOLUTION NO. 2009-138 (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 $ $15,500 FOR A TWO MONTH PERIOD; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

14. RESOLUTION NO. 2009-139 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RENEWING THE CITY'S COMPREHENSIVE INSURANCE PACKAGE THROUGH PUBLIC RISK INSURANCE AGENCY, SUCH PACKAGE TO INCLUDE COVERAGE FOR PROPERTY AND CASUALTY, CRIME, EMPLOYEE DISHONESTY, GENERAL LIABILITY, AUTOMOTIVE LIABILITY AND PHYSICAL DAMAGE, PUBLIC OFFICIALS' LIABILITY, AND EMPLOYMENT PRACTICES LIABILITY, IN A COMBINED TOTAL NOT TO EXCEED SIX HUNDRED NINETY TWO THOUSAND, EIGHT HUNDRED SEVENTY SEVEN DOLLARS ($692,877.00) PER YEAR FOR COVERAGE BEGINNING OCTOBER 1, 2009 THROUGH SEPTEMBER 30, 2010, WITH A TWO (2) YEAR RATE GUARANTEE UPON ACCEPTANCE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

15. RESOLUTION NO. 2009-140 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RENEWING THE CITY'S WORKERS' COMPENSATION POLICY THROUGH PUBLIC RISK INSURANCE AGENCY IN AN AMOUNT NOT TO EXCEED TWO HUNDRED SIXTY THREE THOUSAND, TWO HUNDRED NINETY ONE DOLLARS ($263,291.00) FOR COVERAGE BEGINNING OCTOBER 1, 2009 THROUGH SEPTEMBER 30, 2010; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

ORDINANCES (Titles to be read by City Attorney)

16. ORDINANCE NO. 2009-012 (Supporting Docs)

AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES RELATING TO THE POLICE AND FIREFIGHTERS' RETIREMENT SYSTEM; AMENDING SECTION 18-46, PROVIDING FOR FOUR YEAR TERM LIMITS; AMENDING SECTIONS 18-43, 18-47 AND 18-48 IN COMPLIANCE WITH CHAPTER 2009=97, LAWS OF FLORIDA; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)

17. ORDINANCE NO. 2009-014 (Agenda Request Item, Supporting Docs)

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING SECTION 23-11 OF THE CITY CODE OF ORDINANCES, WHICH SECTION PERTAINS TO THE CITY UTILITY TAX LEVIED UPON THE PURCHASE IN THE CITY OF ELECTRICITY, METERED OR BOTTLED GAS AND WATER, TO CLARIFY THAT EACH SELLER OF THE COMMODITIES SHALL ACT AS THE COLLECTION MEDIUM AND AGENCY FOR THE COLLECTION OF THE TAX FROM THE PURCHASERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)

8. BIDS AND REQUESTS FOR PROPOSALS

9. PUBLIC HEARINGS

1. ORDINANCE NO. 2009-010 (Agenda Request Item, Supporting Docs)

AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF AN OTHER POST-EMPLOYMENT BENEFIT TRUST FOR CITY EMPLOYEES; AUTHORIZING THE CITY TO JOIN AS A PARTY THE FLORIDA MUNICIPAL PENSION TRUST FUND MASTER TRUST AGREEMENT AND THE PARTICIPATION OF THAT TRUST IN THE OTHER POST-EMPLOYMENT BENEFIT PLAN TRUST UNDER THE FLORIDA MUNICIPAL PENSION TRUST FUND; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING AN EFFECTIVE DATE. (SECOND READING)

2. ORDINANCE NO. 2009-009 (Agenda Request Item, Supporting Docs)

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING ITS LAND DEVELOPMENT REGULATIONS TO PROHIBIT ON-SITE DISPENSING OF CONTROLLED SUBSTANCES BY PAIN MANAGEMENT CLINICS, TO THE EXTENT PERMITTED BY LAW; PROVIDING DEFINITIONS; PROVIDING SUPPLEMENTAL REGULATIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING)

3. ORDINANCE NO. 2009-011 (Agenda Request Item, Supporting Docs)

AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, ADOPTING AN AMENDMENT TO CHAPTER 28, “ZONING,” OF THE CODE OF ORDINANCES, RELATING TO ARTICLE 18 ENTITLED “INDUSTRIAL RESEARCH OFFICE MARINE (IROM) DISTRICT” TO PROVIDE FOR RECREATIONAL VEHICLE (RV) SALES AS A SPECIAL EXCEPTION USE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)

4. ORDINANCE NO. 2009-013 (Agenda Request Item, Supporting Docs)

AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES, TO CREATE SECTION 22.70 TO DESIGNATE THE “GRIFFIN ROAD PARTNERS HOTEL OVERLAY DISTRICT”; PROVIDING FOR APPROVAL OF A SHARED DISTRICT MONUMENT SIGN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)

5. RESOLUTION NO. 2009-135 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN UPDATE TO THE EXISTING DANIA BEACH FACILITIES PLAN TO UPDATE THE PROJECT WORK; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

10. DISCUSSION AND POSSIBLE ACTION

1. Update on Abatement Program for Code Liens

2. Discussion of Paddles and Boats at Ocean Park

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)

Vice-Mayor McElyea - 1 appointment

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

Commissioner Duke - 1 appointment

Commissioner Jones - 2 appointments

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

Commissioner Jones - 1 appointment

2 Alternate Members

13. ADMINISTRATIVE REPORTS

13.1 City Manager

13.2 City Attorney

13.3 City Clerk - Reminders

Wednesday, July 29, 2009 - 8:30 a.m. Budget Workshop

Wednesday, August 5, 2009 - 6:00 p.m. CRA Board Meeting

Tuesday, August 11, 2009 - 7:00 p.m. City Commission Meeting

Tuesday, August 18, 2009 - 6:00 p.m. Commission Workshop Unified Zoning Code

Tuesday, August 25, 2009 - 7:00 p.m. City Commission Meeting

14. ADJOURNMENT