AGENDA

DANIA BEACH CITY COMMISSION

REGULAR MEETING

TUESDAY, NOVEMBER 08, 2011 - 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.      Request from the Sunshine Chapter of Antique Motorcycle Club of America for the "6th Annual Dania Beach Vintage Motorcycle Show" to be held Saturday, January 28, 2012 at Frost Park from 10:00 a.m. - 5:00 p.m.  The applicant is requesting a road closure on Fronton Boulevard from NE 2nd Street to NE 1st Street.   (Agenda Request Item, Supporting Docs)

 

2.      Request for the annual "Dania Beach Relay for Life" Event, to be held at Frost Park, beginning at 6:00 p.m. on Friday, March 23, 2012, ending at 11:45 a.m. on Saturday, March 24, 2012.  The applicant is also requesting a waiver of all application and permit fees as well a donation towards The American Cancer Society. Please see memo attached .   (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 (Agenda Request Item)

 

1.      Minutes: None

 

2.      Travel Requests: None

 

3.      RESOLUTION NO. 2011-127 (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 COASTAL ZONE MANAGEMENT PROGRAM GRANT AGREEMENT FOR AN AMOUNT NOT TO EXCEED $30,000.000 (IN CONNECTION WITH DEP AGREEMENT NO. CM215, PURSUANT TO THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COOPERATIVE AWARD) WITH THE STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL PROTECTION; PROVIDING FOR APPROPRIATION OF FUNDS INCLUDING REQUIRED CITY MATCHING FUNDS OF $30,000.00 AND PLANNING FUNDS OF $50,000; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

 

4.      RESOLUTION NO. 2011 -128 (Agenda Request Item, Supporting Docs)

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, REQUESTING ADVANCE APPROVAL FROM THE CITY COMMISSION OF THE CITY OF DANIA BEACH FOR ADVERTISEMENT OF THE SECOND AND FINAL PORTION OF THE CAPITAL PROJECT KNOWN AS THE SOUTHEAST DRAINAGE IMPROVEMENTS PROJECT, WHERE BIDDING IS EXPECTED TO BE SOUGHT BY THE PUBLIC SERVICES DEPARTMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

 

5.      RESOLUTION NO. 2011-129 (Agenda Request Item, Supporting Docs)

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, REQUESTING ADVANCE APPROVAL FROM THE CITY COMMISSION OF THE CITY OF DANIA BEACH FOR ADVERTISEMENT OF THE CAPITAL PROJECT KNOWN AS THE INFILTRATION/INFLOW PHASE III PROJECT, WHERE BIDDING IS EXPECTED TO BE SOUGHT BY THE PUBLIC SERVICES DEPARTMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

 

6.      RESOLUTION NO. 2011-130 (Agenda Request Item, Supporting Docs)

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, REQUESTING ADVANCE APPROVAL FROM THE CITY COMMISSION OF THE CITY OF DANIA BEACH FOR ADVERTISEMENT OF THE CAPITAL PROJECT KNOWN AS THE LIFT STATION REHABILITATION PHASE II PROJECT, WHERE BIDDING IS EXPECTED TO BE SOUGHT BY THE PUBLIC SERVICES DEPARTMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

 

7.      RESOLUTION NO. 2011-131 (Agenda Request Item, Supporting Docs)

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE SIDEWALK REPLACEMENT MATERIALS AND THE INSTALLATION OF SIDEWALK CONSTRUCTION SERVICES IN AN AMOUNT NOT TO EXCEED $70,000.00 IN FISCAL YEAR 2011-2012 FROM METRO EXPRESS, INC. UNDER SOUTHEAST FLORIDA GOVERNMENTAL COOPERATIVE GROUP BID ITB NO. 09-10-069; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

 

8.      RESOLUTION NO. 2011-132 (Agenda Request Item, Supporting Docs)

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, REQUESTING ADVANCE APPROVAL FROM THE CITY COMMISSION OF THE CITY OF DANIA BEACH FOR ADVERTISEMENT OF THE CAPITAL PROJECT KNOWN AS THE I.T. PARKER DOCK REPLACEMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

 

9.      RESOLUTION NO. 2011-133 (Agenda Request Item, Supporting Docs)

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING, AUTHORIZING AND DIRECTING THE TRANSFER OF $340,000 FROM AVAILABLE CITY GENERAL FUND AND CAPITAL PROJECT FUND APPROPRIATIONS TO THE DANIA BEACH CRA TO PROVIDE ADDED FUNDING FOR THE CRA NEIGHBORHOOD CAPITAL PROJECTS AS VERBALLY APPROVED ON OCTOBER 25, 2011; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

 

 

 

10.  RESOLUTION NO. 2011-134 (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 UNDERSTANDING (MOU) WITH THE BROWARD SHERIFF'S OFFICE AND WITH TWENTY CITIES IN BROWARD COUNTY IN CONNECTION WITH THE 2011 BYRNE JUSTICE ASSISTANCE LOCAL SOLICITATION GRANT PROGRAM (JALSG); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

 

 

 

11.  RESOLUTION NO. 2011-135 (Supporting Docs)

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH MUNB LOAN HOLDINGS, LLC ("MUNB"), A DELAWARE CORPORATION, AUTHORIZED TO CONDUCT BUSINESS IN FLORIDA, RELATING TO THE DEMOLITION OF THE DANIA BEACH HOTEL AND TRANSFER OF TITLE TO THE PROPERTY LOCATED AT 180 EAST DANIA BEACH BOULEVARD FROM THE CITY TO MUNB, AND TO EXECUTE DEMOLITION CONTRACTOR AGREEMENTS WITH BEST-TEC ASBESTOS ABATEMENT, INC., AND THE BG GROUP, LLC. FOR THE DEMOLITION OF THE DANIA BEACH HOTEL, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 

 

12.  RESOLUTION NO. 2011-136 (Agenda Request Item, Supporting Docs)

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING, AUTHORIZING AND DIRECTING THE TRANSFER OF $192,715.00 FROM AVAILABLE CAPITAL PROJECT FUND APPROPRIATIONS TO THE DANIA BEACH CRA TO PROVIDE ADDED FUNDING FOR THE CRA SUN GARDEN ISLES NEIGHBORHOOD CAPITAL PROJECT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

 

13.  ORDINANCE NO. 2011-034 (Agenda Request Item, Supporting Docs)

 

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 28 OF THE CITY CODE OF ORDINANCES, ENTITLED "LAND DEVELOPMENT CODE", BY CREATING ARTICLE 690 TO BE ENTITLED "EXPEDITED PROCESSING FOR QUALIFIED BUSINESSES"; PROVIDING FOR EXPEDITED PROCESSING OF PERMITS AND OTHER RELATED MATTERS FOR CERTAIN QUALIFIED NEW, EXPANDING OR RELOCATING BUSINESSES WITHIN THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)

 

14.  ORDINANCE NO. 2011-035 (Agenda Request Item, Supporting Docs)

 

AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, REPEALING CHAPTER 27 OF THE CITY CODE OF ORDINANCES ENTITLED "WATER AND SEWERS" IN ITS ENTIRETY, AND CREATING A NEW CHAPTER 27 ENTITLED "WATER AND SEWERS" IN ORDER TO EFFECT A COMPREHENSIVE REVISION OF CHAPTER 27 OF THE CODE OF ORDINANCES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 

 

8.      BIDS AND REQUESTS FOR PROPOSALS (Agenda Request Item, Supporting Docs)

 

 

1.      RESOLUTION NO. 2011-137 (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 AQUATIC FACILITIES MANAGEMENT AGREEMENT WITH JEFF ELLIS & ASSOCIATES, INC. A TEXAS CORPORATION D/B/A JEFF ELLIS MANAGEMENT, LLC, A FOREIGN CORPORATION AUTHORIZED TO CONDUCT BUSINESS IN FLORIDA FOR THE PROVISION OF LIFEGUARD, OPERATION AND MAINTENANCE SERVICES FOR THE C.W. THOMAS PARK POOL AND THE P.J. MELI AQUATIC COMPLEX; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 

 

9.      PUBLIC HEARINGS

 

 

1.      ORDINANCE NO. 2011-033 (Agenda Request Item, Supporting Docs)

 

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATION", SECTION 2-30, "INDIVIDUAL CAMPAIGN CONTRIBUTION LIMITS" OF THE CITY CODE OF ORDINANCES TO PROVIDE FOR ADDITIONAL CAMPAIGN FINANCING PROVISIONS SUPPLEMENTING STATE LAW THAT WILL PROHIBIT ENTITIES AND ORGANIZATIONS FROM MAKING CONTRIBUTIONS TO CANDIDATES IN CITY ELECTIONS FOR MAYOR AND CITY COMMISSIONERS; PROVIDING ADDITIONAL RELATED DEFINITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.  (SECOND READING)

 

2.      ORDINANCE NO. 2011-023 (Agenda Request Item, Supporting Docs)

 

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE COMPREHENSIVE PLAN BY AMENDING THE TEXT OF THE CAPITAL IMPROVEMENTS ELEMENT AND THE PUBLIC SCHOOL FACILITIES ELEMENT; PROVIDING FOR TRANSMITTAL AND ADOPTION PURSUANT TO SECTION 163.3184, FLORIDA STATUTES; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (ADOPTION PHASE)

 

 

3.      RESOLUTION NO. 2011-119 (Agenda Request Item, Supporting Docs)

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VARIANCE REQUEST SUBMITTED BY DAWN MCDONALD WITH CORPORATE PROPERTY SERVICES, INC. REPRESENTING MCDONALDS CORPORATION FOR VARIANCES FROM THE UNIFIED LAND DEVELOPMENT CODE, PART 2, SECTION 505-140(C), SIGN REGULATIONS, FOR PROPERTY LOCATED AT 1310 SOUTH FEDERAL HIGHWAY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Continued from October 25, 2011)

 

 

4.      RESOLUTION NO. 2011-138 (Agenda Request Item, Supporting Docs)

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, ACCEPTING A RIGHT OF WAY DEED, PROPOSED TO BE CONVEYED TO THE CITY BY MCDONALD'S CORPORATION, A DELAWARE CORPORATION, AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

 

 

 

10.  DISCUSSION AND POSSIBLE ACTION

 

 

1.      Discussion for preliminary approval for Commissioner Castro to attend the National Council of Legislators from Gaming States (NCLGS) 2012 Winter Meeting in Las Vegas, Nevada, on January 6-8, 2012 (Estimated cost $1,800.00) (Agenda Request Item, Supporting Docs)

 

2.      Motion to support filing of a local bill by City officials with the Broward County State Legislative Delegation re: extension of City municipal beach boundaries to the three mile limit in the Atlantic Ocean. (Agenda Request Item, Supporting Docs)

 

 

11.  COMMISSION COMMENTS

 

11.1 Commissioner Castro

11.2 Commissioner Duke

11.3 Commissioner McElyea

11.4 Vice-Mayor Grace

11.5 Mayor Flury

 

 

12.  APPOINTMENTS

 

 

1.      Airport Advisory Board (Supporting Docs)

 Vice-Mayor Grace - 1 appointment

 

2.      Green Advisory Board (Supporting Docs)

 Commissioner Castro - 1 appointment

 

13.  ADMINISTRATIVE REPORTS

 

13.1 City Manager

 

13.2 City Attorney

 

13.3 City Clerk - Reminders

 

Thursday, November 17, 2011 - 6:00 p.m.          Abatement Hearing

Tuesday, November 22, 2011 - 7:00 p.m.           City Commission Meeting

 

 

 

14.  ADJOURNMENT