Agenda for May 22, 2012

DANIA BEACH CITY COMMISSION

REGULAR MEETING

TUESDAY, MAY 22, 2012 - 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. Presentation of 2013 Huurricane Plan

2. Special Event request from Divers Cove for a "Dania Beach Pier Underwater Clean-up", on Sunday, June 10, 2012 from 9:00 a.m. to 12:00 p.m. (Agenda Request Item, Supporting Docs)

3. Special Event request from Neptune Fireworks to hold a "Fireworks Sale" effective June 7 - July 13, 2012, from 9:00 a.m. to 9:00 p.m. daily, at 768 East Dania Beach Boulevard (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 of May 8, 2012 Attorney/Client Session

Approve minutes of April 30, 2012 Ethics Training Workshop

Approve minutes of April 24, 2012 City Commission Meeting

Approve minutes of May 8, 2012 City Commission Meeting

2. Travel Requests: None

3. RESOLUTION NO. 2012-057 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE 2012 AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH; PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE LOCAL OPTION GAS TAX (SIX CENTS) IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE.

4. RESOLUTION NO. 2012-058 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE 2012 AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH; PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE FIFTH CENT ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT ORDINANCE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

5. RESOLUTION NO. 2012-059 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE 2012 AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH; PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT ORDINANCE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

6. RESOLUTION NO. 2012-060 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR APPROPRIATION OF FUNDS FOR FISCAL YEAR 2011-2012; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

7. RESOLUTION NO. 2012-061 (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 VACANT LAND CONTRACT BETWEEN THE CITY AND LIBERTY REAL ESTATE, INC., A FLORIDA CORPORATION, TO ALLOW LIBERTY REAL ESTATE, INC. TO PURCHASE SURPLUS PROPERTY LOCATED AT 47 SW 15^th STREET IN DANIA BEACH, FLORIDA; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

8. RESOLUTION NO. 2012-062 (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 COMMERCIAL CONTRACT BETWEEN THE CITY AND THE MCELYEA TRUST TO ALLOW THE MCELYEA TRUST TO PURCHASE SURPLUS PROPERTY LOCATED IN VICTORIA HEIGHTS 21-2B, LOT 7 AND 8 OF BLOCK 4 IN DANIA BEACH, FLORIDA, PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

9. RESOLUTION NO. 2012-063 (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 RESIDENTIAL CONTRACT FOR SALE AND PURCHASE BETWEEN THE CITY AND LYNE SIMARD TO ALLOW LYNE SIMARD TO PURCHASE SURPLUS PROPERTY LOCATED AT 5180 SW 26^TH AVENUE IN DANIA BEACH, FLORIDA; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

10. RESOLUTION NO. 2012-065 (Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO PURCHASE FROM HECTOR TURF, A TORO GROUNDSMASTER 3505-D ROTARY MOWER, MODEL NO. 30849 WITH ACCESSORIES, UNDER STATE CONTRACT NO. 760-000-10-1 PRICING, FOR AN AMOUNT NOT TO EXCEED $25,286.75; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

11. ORDINANCE NO. 2012-011 (Agenda Request Item, Supporting Docs)

AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA REPEALING SECTION 15-12, "BUSINESS TAX SCHEDULE" OF THE CODE OF ORDINANCES AND CREATING A NEW SECTION 15-12, ALSO ENTITLED "BUSINESS TAX SCHEDULE" TO PROVIDE FOR A FIVE PERCENT (5%) INCREASE IN THE ANNUAL BUSINESS TAXES ASSESSED AGAINST ALL BUSINESS CATEGORIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)

12. ORDINANCE NO. 2012-012 (Agenda Request Item, Supporting Docs)

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING SECTION 11-46.1 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, WHICH SECTION IS ENTITLED "ESTABLISHMENT OF FEES" IN ORDER TO PROVIDE ADEQUATE FUNDING FOR THE COST OF PROVIDING FIRE SAFETY INSPECTION SERVICES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)

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

1. RESOLUTION NO. 2012-064 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE AWARD OF CONTRACT TO EDSA, INC. FOR THE DANIA BEACH WATERFRONT REVITALIZATION PLAN PROJECT; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH EDSA, INC; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

9. PUBLIC HEARINGS

10. DISCUSSION AND POSSIBLE ACTION

1. Reconsideration of Resolution #2012-055 - Commissioner Castro (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA FINDING THAT ACQUISITION OF THE PRIVATE PROPERTY DESCRIBED IN EXHIBIT "A" THROUGH NEGOTIATED CONVEYANCE OR EMINENT DOMAIN SERVES A PUBLIC PURPOSE AND IS NECESSARY TO PROVIDE CLEAR, VISIBLE, EFFICIENT, AND DIRECT VEHICULAR AND PEDESTRIAN ACCESS AND CONNECTIVITY TO THE CITY CENTER; AUTHORIZING THE CITY ATTORNEY TO RETAIN LEGAL COUNSEL, CONSULTANTS, AND EXPERTS, AND TO TAKE ALL FURTHER ACTIONS THAT ARE REASONABLY REQUIRED TO ACQUIRE PRIVATE PROPERTY FOR SUCH ACCESS; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

2. Consideration of Voidability Option Pursuant to Paragraph 6 of the City County Airport Settlement Agreement (Continued from May 8, 2012)

11. COMMISSION COMMENTS

11.1 Commissioner Castro

11.2 Commissioner Duke

11.3 Commissioner Grace

11.4 Vice-Mayor McElyea

11.5 Mayor Flury

12. APPOINTMENTS

1. Creative Arts Council Advisory Board (Supporting Docs)

Mayor Flury - 1 appointment

13. ADMINISTRATIVE REPORTS (Supporting Docs)

13.1 City Manager

Regional Communications - I Board

13.2 City Attorney

13.3 City Clerk - Reminders

Wednesday, June 6, 2012 - 6:00 p.m. CRA Board Meeting

Tuesday, June 12, 2012 - 7:00 p.m. City Commission Meeting

Tuesday, June 26, 2012 - 7:00 p.m. City Commission Meeting

14. ADJOURNMENT