Agenda for May 11, 2010

DANIA BEACH CITY COMMISSION

REGULAR MEETING

TUESDAY, MAY 11, 2010 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

3. PRESENTATIONS AND SPECIAL EVENT APPROVALS

1. Pension Proposal - Shawn Derosa, Northwestern Mutual

2. Special Event request for Jocelyn's 5th Birthday Party to be held at CW Thomas Park on Saturday, May 15, 2010 from 2:00 p.m. to 6:00 p.m. (Agenda Request Item, Supporting Docs)

3. Special Event request for Dania Beach Fire Explorers Car Wash Fund Raiser to be held at 100 N. Beach Road on Saturday, May 15, 2010 from 9:00 a.m. to 4:00 p.m. (Agenda Request Item, Supporting Docs)

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 19, 2010 Organizational Meeting

2. Travel Requests: (Agenda Request Item)

3. RESOLUTION N0. 2010-072 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN ATRIUM PERSONNEL, INC. D.B.A. TRANSHIRE TO PROVIDE SUMMER RECREATION PROGRAM STAFFING SERVICES, INCLUDING, BUT NOT LIMITED TO, ADVERTISING, INTERVIEWING, PROVIDING REQUIRED SCREENING AND TESTING SERVICES, AND REPLACEMENT OF CANDIDATES, UNDER THE SUPERVISION OF THE CITY OF DANIA BEACH PARKS AND RECREATION MANAGEMENT FOR AMOUNT NOT TO EXCEED $31,160.40 , PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

4. RESOLUTION NO. 2010-058 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, ESTABLISHING A SCHEDULE OF CIVIL PENALTIES OR FINES FOR ISSUANCE OF CITATIONS BY CODE ENFORCEMENT OFFICERS FOR VIOLATIONS OF THE CITY CODE OF ORDINANCES; PROVIDING FOR CONFLICTS, FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

5. RESOLUTION 2010-075 (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 FINAL CHANGE ORDERS RELATED TO THE EXISTING AGREEMENT WITH USSI, LLC F/K/A UTILITY SEALING SERVICES, INC. FOR THE INFILTRATION AND INFLOW PHASE 2 IMPROVEMENT PROJECT IN AN AMOUNT NOT TO EXCEED $15,925.41; PROVIDING FOR CONFLICTS; PROVIDING FOR FUNDING; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

6. RESOLUTION NO. 2010-074 (Agenda Request Item, Supporting Docs)

THE 36th YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (2010-11) IN THE APPROXIMATE AMOUNT OF $226,192.00, TO PROVIDE FUNDING FOR STORMWATER IMPROVEMENTS IN CENSUS BLOCK 804.04 TRACT 1 IN THE CITY OF DANIA BEACH; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE APPLICATION; FURTHER, AUTHORIZING THE ACCEPTANCE AND EXECUTION OF THE GRANT AGREEMENT UPON ITS AWARD (AND ANY TIME EXTENSIONS, IF DEEMED NECESSARY); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

7. RESOLUTION NO. 2010-073 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RECERTIFYING THE CHARTER SCHOOL APPLICATION FOR THE FISCAL YEAR JULY 1, 2010 THROUGH JUNE 30, 2011 AND SUPPORTING RECERTIFICATION TO THE STATE OF FLORIDA FOR APPROVAL OF COMMUNITY CONTRIBUTION TAX CREDIT PROJECTS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

8. RESOLUTION 2010-077 (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 FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT WITH BROWARD COUNTY PERTAINING TO A FEASIBILITY STUDY, PRELIMINARY DESIGN, OR RELATED SERVICES FOR PROJECTS RECOMMENDED UNDER THE BROWARD COUNTYWIDE INTEGRATED WATER RESOURCE PLAN TO PROVIDE FOR AN EXTENSION OF TIME FOR AGREEMENT PERFORMANCE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

9. RESOLUTION NO. 2010-076 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING SEPARATE LEASE PURCHASE FINANCINGS FOR EACH OF TWO FIRE TRUCKS AND EQUIPMENT RELATED TO EACH FIRE TRUCK; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A LEASE PURCHASE AGREEMENT AND THE EXHIBITS ATTACHED TO THEM IN CONNECTION WITH THE SEPARATE LEASE PURCHASE FINANCING OF EACH FIRE TRUCK AND THE EQUIPMENT RELATED TO THEM; DESIGNATING THE LEASE PURCHASE AGREEMENTS AS “QUALIFIED TAX EXEMPT OBLIGATIONS;” GRANTING LIMITED GENERAL AUTHORITY WITH RESPECT TO THEM; PROVIDING FOR CONFLICTS; FURTHER, AND PROVIDING FOR AN EFFECTIVE DATE.

10. ORDINANCE NO. 2010-008 (Agenda Request Item, Supporting Docs)

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 2 (ENTITLED “ADMINISTRATION”) ARTICLE III OF THE CITY CODE OF ORDINANCES, WHICH ARTICLE IS ENTITLED “SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES; CITATIONS FOR COUNTY COURT APPEARANCES”, TO PROVIDE FOR ISSUANCE OF CITATIONS BY CODE ENFORCEMENT OFFICERS FOR VIOLATIONS OF THE CITY CODE; PROVIDING FOR CITATIONS TO BE HEARD IN BROWARD COUNTY COURT OR BY A SPECIAL MAGISTRATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)

11. ORDINANCE NO. 2010-010 (Agenda Request Item, Supporting Docs)

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 25 (ENTITLED “TRAFFIC”), ARTICLE III (ENTITLED “PARKING, STOPPING AND STANDING”) OF THE CITY CODE OF ORDINANCES TO CREATE TWO NEW SECTIONS TO BE ENTITLED “PARKING PROHIBITED AT CERTAIN LOCATIONS” AND “PARKING JUNKED OR ABANDONED VEHICLES PROHIBITED”, RESPECTIVELY; CREATING A VIOLATION FOR VEHICLE OWNERS WHOSE VEHICLES ARE STOPPED OR PARKED ON UNAPPROVED PARKING AREAS; CREATING A VIOLATION FOR VEHICLE OWNERS FOR

PARKING A JUNKED OR ABANDONED VEHICLE WITHIN THE CITY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING

FOR AN EFFECTIVE DATE. (FIRST READING)

12. ORDINANCE NO. 2010-011 (Agenda Request Item, Supporting Docs)

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 15 OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED “BUSINESS TAX”; AMENDNG SECTION 15-1 ENTITLED “REQUIRED TO ENGAGE IN BUSINESS; REGISTRATION REQUIRED” AND SECTION 15-3 ENTITLED “SEPARATE RECEIPT FOR EACH LOCATION; EVIDENCE OF CONDUCTING BUSINESS” TO REQUIRE PROPERTY OWNERS TO ENSURE THAT A BUSINESS TAX RECEIPT IS OBTAINED FOR ANY BUSINESS CONDUCTED ON THE OWNER’S PROPERTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)

8. BIDS AND REQUESTS FOR PROPOSALS

9. PUBLIC HEARINGS

1. RESOLUTION NO. 2010-071 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VARIANCE REQUESTS SUBMITTED BY LUIS OJEDA, ON BEHALF OF LEARN AND SMILE PRE-SCHOOL FROM CHAPTER 26, “LANDSCAPING”, ARTICLE IV, “VEGETATION” AND CHAPTER 28, “ZONING”, ARTICLE 6.21, “OFF-STREET PARKING”, FOR PROPERTY LOCATED AT 4233 GRIFFIN ROAD IN DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

2. RESOLUTION NO. 2010-069 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VARIANCE REQUEST SUBMITTED BY

WALGREENS COMPANY FROM CHAPTER 28, “ZONING”, ARTICLE 4.201, “PROXIMITY OF BEVERAGE ESTABLISHMENTS TO CHURCHES, SCHOOLS”,

FOR PROPERTY LOCATED AT 501 EAST SHERIDAN STREET IN DANIA BEACH, PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN

EFFECTIVE DATE.

3. RESOLUTION NO. 2010-070 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST FOR AN ADMINISTRATIVE APPEAL SUBMITTED BY RICHARD G. COKER, JR., WITH THE FIRM OF COKER & FEINER, REPRESENTING THE STILES CORPORATION FOR PROPERTY ZONED “PEDD” AND LOCATED AT 1101 ELLER DRIVE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

4. ORDINANCE NO. 2010-009 (Agenda Request Item, Supporting Docs)

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE DANIA BEACH ZONING MAP TO REZONE CERTAIN PROPERTIES WITHIN THE CITY OF DANIA BEACH COMMUNITY REDEVELOPMENT AREA (CRA) FROM THE CURRENT ZONING CLASSIFICATION OF RD-8000 (DUPLEX) TO RO (RESIDENTIAL OFFICE) AS SPECIFICALLY DESCRIBED IN EXHIBIT “A”, A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)

10. DISCUSSION AND POSSIBLE ACTION

1. COPS Recovery Hiring Program (Agenda Request Item, Supporting Docs)

2. Schedule Summer Break

3. Removal of partial street closure - Mayor McElyea

11. COMMISSION COMMENTS

11.1 Commissioner Anton

11.2 Commissioner Duke

11.3 Commissioner Grace

11.4 Vice-Mayor Castro

11.5 Mayor McElyea

12. APPOINTMENTS

1. Green Advisory Board

Vice-Mayor Castro - 1 appointment

2. Unsafe Structures Board

Electrical Contractor

13. ADMINISTRATIVE REPORTS

13.1 City Manager

13.2 City Attorney

13.3 City Clerk - Reminders

Wednesday, May 12, 2010 - 7:00 p.m. Airport Workshop

Thursday, May 20, 2010 - 6:00 p.m. Abatement Hearing

Tuesday, May 25, 2010 - 7:00 p.m. City Commission Meeting

Wednesday, June 2, 2010 - 6:00 p.m. CRA Board Meeting

1. Mid-Year Budget Review

2. General Budget Discussion for Fiscal Year 2010/2011 (Supporting Docs)

14. ADJOURNMENT