Agenda for August 10, 2010

DANIA BEACH CITY COMMISSION

REGULAR MEETING

TUESDAY, AUGUST 10, 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. Special Event request from St. Ruth Missionary Baptist Church and New Birth Baptist Church, for the Take the City for Christ Tent Crusade, to be held at the corner of NW 3rd Street and 9th Avenue from Wednesday, September 15, 2010 through Saturday, September 18, 2010 (Agenda Request Item, Supporting Docs)

2. Special Event request, and request for waiver of fees, from Ebenezer Deliverance Temple for the Health and Wellness Back to School Event to be held at Ebenezer Deliverance Temple, 2340 Griffin Road, on August 21, 2010 from 8:30 a.m. - 1:00 p.m. (Agenda Request Item, Supporting Docs)

4. PROCLAMATIONS

1. Honeybee Awareness Day (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 of July 27, 2010 City Commission meeting

2. Travel Requests: None

3. RESOLUTION NO. 2010-060 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, ADOPTING A WATER CONSERVATION PLAN; MAKING FINDINGS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

4. RESOLUTION NO. 2010-122 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH SUPPORTING THE REGIONAL PLANNING COUNCILS OF SOUTHEAST FLORIDA IN PREPARING A COMPREHENSIVE JOINT APPLICATION UNDER THE FEDERAL SUSTAINABLE COMMUNITIES INITIATIVE AND ESTABLISHING A WORKING PARTNERSHIP AGREEMENT WITH PUBLIC, PRIVATE, NON-PROFIT, AND CIVIC SECTOR ORGANIZATIONS, INCLUDING BUT NOT LIMITED TO, WATER RESOURCE, HOUSING, HUMAN SERVICES, ENVIRONMENTAL AND TRANSPORTATION AGENCIES, COMMUNITY-BASED ORGANIZATIONS, LOCAL GOVERNMENTS, NONPROFITS, ACADEMIA AND RESEARCH INSTITUTIONS, SCHOOL BOARDS AND PRIVATE SECTOR ORGANIZATIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

5. RESOLUTION NO. 2010-128 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO CONTINUE SECURITY SERVICES FOR THE DANIA BEACH MARINA FROM STATEWIDE ENTERPRISES, WITHOUT COMPETITIVE BIDDING AND FOR A WEEKLY SUM OF $2,307.69 AND SUBJECT TO AN AMOUNT NOT TO EXCEED $30,000.00 UNTIL SEPTEMBER 30, 2010 WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR TWO WEEKS WRITTEN NOTICE TO TERMINATE SERVICES UPON WRITTEN NOTICE FROM THE CITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

6. RESOLUTION NO. 2010-129 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO RENEW AN AGREEMENT WITH THE MAXON COMPANIES TO PROVIDE CLAIMS ADMINISTRATION FOR A SELF-FUNDED DENTAL, VISION AND DISABILITY PLAN TO ELIGIBLE EMPLOYEES AND RETIREES, AND TO INCLUDE IN THIS AGREEMENT ACCESS TO A DENTAL PREFERRED PROVIDER ORGANIZATION NETWORK, IN AN AMOUNT NOT TO EXCEED $13,702.00 FOR FISCAL YEAR 2010-2011; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

7. RESOLUTION NO. 2010-130 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO RENEW AN AGREEMENT WITH AVMED HEALTH PLANS TO PROVIDE A SELF-FUNDED OPEN ACCESS POINT OF SERVICE (“POS”) PLAN TO ELIGIBLE EMPLOYEES, RETIREES OR BOTH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

8. RESOLUTION NO. 2010-131 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO ACCEPT THE PROPOSAL TO PROVIDE BASIC LIFE INSURANCE TO ELIGIBLE EMPLOYEES AND RETIREES IN AN AMOUNT NOT TO EXCEED $48,000.00 AND SUPPLEMENTAL COVERAGE OPTIONS TO ELIGIBLE EMPLOYEES FROM THE HARTFORD LIFE AND ACCIDENT INSURANCE COMPANY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

9. RESOLUTION NO. 2010-132 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH SYMETRA FINANCIAL TO PROVIDE SPECIFIC AND AGREGGRATE REINSURANCE COVERAGE IN CONNECTION WITH THE CITY’S SELF-FUNDED GROUP HEALTH PLAN; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

10. RESOLUTION NO. 2010-133 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, REAPPOINTING THE RHODES INSURANCE GROUP AS HEALTH CARE CONSULTANT TO THE CITY FOR AN AMOUNT NOT TO EXCEED $18,000.00 FOR FISCAL YEAR 2010-2011; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

11. RESOLUTION NO. 2010-134 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO CHANGE ORDER NO. 1 TO THE NANOFILTRATION WATER PLANT PROJECT, REALLOCATING ALLOWANCES FOR NO NET INCREASE IN TIME OR COST; MAKING FINDINGS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

12. RESOLUTION NO. 2010-135 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO CHANGE ORDER NO. 2 FOR THE NANOFILTRATION WATER PLANT PROJECT; REALLOCATING ALLOWANCES FOR NO NET INCREASE IN TIME AND AN INCREASE IN COST OF A NOT TO EXCEED AMOUNT OF $285,992.00; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

13. RESOLUTION NO. 2010-136 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO CHANGE ORDER NO. 8 FOR THE NEW PUBLIC SERVICES ADMINISTRATION BUILDING, REALLOCATED ALLOWANCES FOR NO NET INCREASE IN TIME OR COST; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

8. BIDS AND REQUESTS FOR PROPOSALS

9. PUBLIC HEARINGS

1. ORDINANCE NO. 2010-015 (Supporting Docs)

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING THAT A PORTION OF NW 1ST AVENUE (FROM STIRLING ROAD TO NW 3RD STREET) BE RE-NAMED AS PARK AVENUE EAST WITH A CO-DESIGNATION OF NW/SW 1ST AVENUE, AND THAT A PORTION OF SW 3RD AVENUE (FROM STIRLING ROAD TO NW 2ND STREET) BE RE-NAMED AS PARK AVENUE WEST WITH A CO-DESIGNATION OF NW/SW 3RD AVENUE, BOTH IN THE CITY OF DANIA BEACH; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING)

2. ORDINANCE NO. 2010-016 (Agenda Request Item, Supporting Docs)

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 27 ENTITLED “WATER AND SEWERS” OF THE CITY CODE OF ORDINANCES TO CREATE SECTION 27-29.1, SPECIFYING NEW REQUIREMENTS FOR PLUMBING FIXTURES (TOILETS, URINALS, SHOWER HEADS AND WATER FAUCETS) FOR ALL NEW CONSTRUCTION, INCLUDING ALL NEW REMODELING OF BUILDINGS AND HOMES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING)

3. ORDINANCE NO. 2010-017 (Agenda Request Item, Supporting Docs)

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO THE PLANTING OF “FLORIDA FRIENDLY LANDSCAPING” PLANTS IN CONNECTION WITH NEW DEVELOPMENT, REDEVELOPMENT, OR REPLACEMENT OF IRRIGATION SYSTEMS BY CREATING SECTION 26-55, ENTITLED “NATIVE VEGETATION”, AND SECTION 26-56, ENTITLED “RAIN SENSORS”, TO REQUIRE THE INSTALLATION OF RAIN SENSORS IN CONNECTION WITH ALL NEW IRRIGATION SYSTEMS (BOTH SECTIONS TO BE INCLUDED IN CHAPTER 26 ENTITLED “VEGETATION” OF THE CITY CODE OF ORDINANCES); PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING)

4. ORDINANCE NO. 2010-018 (Agenda Request Item, Supporting Docs)

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR LOCAL IMPLEMENTATION OF THE WATER CONSERVATION RULE FOR LANDSCAPE IRRIGATION OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT; PROVIDING FOR: DEFINITIONS; THE LANDSCAPE IRRIGATION SCHEDULE; EXCEPTIONS TO THE SCHEDULE; VARIANCES FROM THE SPECIFIC DAY OF THE WEEK LIMITATIONS; THE APPLICABILITY OF THE ORDINANCE; ENFORCEMENT OF THE ORDINANCE; PENALTIES FOR VIOLATION OF THE ORDINANCE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING)

5. RESOLUTION NO. 2010-110 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VARIANCE REQUEST SUBMITTED BY ITZHAK DICKSTEIN, OWNER OF TNT FIREWORKS (A/K/A NEPTUNE FIREWORKS) FROM CHAPTER 28, “ZONING”, ARTICLE 28, “SIGNS”, FOR PROPERTY LOCATED AT 768 EAST DANIA BEACH BOULEVARD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Continued from July 27, 2010)

6. RESOLUTION NO. 2010-123 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VARIANCE REQUEST SUBMITTED BY NICOLAE COMSA REPRESENTING THE PALM AMERICAN GRILLE FROM CHAPTER 28, “ZONING”, ARTICLE 4.201, “PROXIMITY OF BEVERAGE ESTABLISHMENTS TO CHURCHES, SCHOOLS”, FOR PROPERTY LOCATED AT 2750 GRIFFIN ROAD IN DANIA BEACH, PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

7. RESOLUTION NO. 2010-124 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST SUBMITTED BY SCOTT BAKOS WITH THE FIRM BERMELLO AJAMIL & PARTNERS, INC., REPRESENTING THE PROPERTY OWNER DANIA BEACH DEVELOPMENT GROUP/RILEA GROUP, FOR A SPECIAL EXCEPTION USE TO ALLOW THE CONSTRUCTION OF A HOTEL IN THE TRANSIT ORIENTED CORRIDOR (TOC-1) AND THE ASSIGNMENT OF 240 HOTEL ROOMS FROM THE LOCAL ACTIVITY CENTER, FOR PROPERTY LOCATED APPROXIMATELY 550 FEET EAST OF SE 5TH AVENUE ON THE SOUTH SIDE OF EAST DANIA BEACH BOULEVARD, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

8. RESOLUTION NO. 2010-125 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VARIANCE REQUEST SUBMITTED BY SCOTT BAKOS WITH THE FIRM BERMELLO AJAMIL & PARTNERS, INC., REPRESENTING THE PROPERTY OWNER DANIA BEACH DEVELOPMENT GROUP/RILEA GROUP FROM CHAPTER 28, “ZONING” AND CHAPTER 26, “VEGETATION”, FOR PROPERTY LOCATED APPROXIMATELY 550 FEET EAST OF SE 5TH AVENUE ON THE SOUTH SIDE OF EAST DANIA BEACH BOULEVARD, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

9. RESOLUTION NO. 2010-126 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY SCOTT BAKOS WITH THE FIRM BERMELLO AJAMIL & PARTNERS, INC., REPRESENTING THE PROPERTY OWNER DANIA BEACH DEVELOPMENT GROUP/RILEA GROUP, FOR PROPERTY LOCATED APPROXIMATELY 550 FEET EAST OF SE 5TH AVENUE ON THE SOUTH SIDE OF EAST DANIA BEACH BOULEVARD, IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

10. DISCUSSION AND POSSIBLE ACTION

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

13. ADMINISTRATIVE REPORTS (Supporting Docs)

13.1 City Manager

13.1.1 Oasis Project Input

13.1.2 Budget Workshop Televising/City Commission Policies

13.2 City Attorney

13.3 City Clerk - Reminders

Tuesday, August 24, 2010 - 7:00 p.m. City Commission Meeting

Saturday, August 28, 2010 - 9:00 a.m. Budget Workshop

Wednesday, September 1, 2010 - 6:00 p.m. CRA Board Meeting

Monday, September 13, 2010 - 7:00 p.m. First Public Hearing FY 2010-2011 Budget

Tuesday, September 14, 2010 - 7:00 p.m. City Commission Meeting

Thursday, September 16, 2010 - 6:00 p.m. Abatement Hearing

Tuesday, September 28, 2010 - 7:00 p.m. City Commission Meeting

14. ADJOURNMENT