Agenda for September 11, 2012

DANIA BEACH CITY COMMISSION

REGULAR MEETING

TUESDAY, SEPTEMBER 11, 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 IS REQUIRED. PRIOR TO ENGAGING IN ANY LOBBYING ACTIVITIES, WHETHER OR NOT COMPENSATION IS PAID OR RECEIVED IN CONNECTION WITH THOSE ACTIVITIES, EACH LOBBYIST SHALL FILE WITH THE CITY CLERK AN ANNUAL REGISTRATION STATEMENT AND PAY AN ANNUAL ONE HUNDRED DOLLARS ($100.00) REGISTRATION FEE FOR EACH PRINCIPAL OR EMPLOYER. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE, OR ON THE CITY WEBSITE: WWW.DANIABEACHFL.GOV. (ORDINANCE #2012-019)

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. Legislative Update - Senator Eleanor Sobel

2. State Representative Joe Gibbons

3. Special Event request from Harry Stampler Auctions for an "Automobile Auction" to be held at 1914 Tigertail Boulevard on Tuesday, September 25, 2012 from 10:00 a.m. - 12:00 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 of August 21, 2012 Budget Workshop

Approve minutes of August 28, 2012 Attorney Client Session

Approve minutes of August 28, 2012 City Commission Meeting

2. Travel Requests: None

3. Motion to cancel the December 25, 2012 City Commission meeting

4. RESOLUTION NO. 2012-113 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR THE CALLING AND HOLDING OF AN ELECTION FOR THE PURPOSE OF NOMINATING CITY COMMISSIONERS TO BE VOTED UPON AT THE GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2012, IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

5. RESOLUTION NO. 2012-115 (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 DECLARATION OF COVENANT AND EASEMENT AGREEMENT ON BEHALF OF THE CITY OF DANIA BEACH WITH BROWARD COUNTY, PERTAINING TO A SHARED ACCESS DRIVEWAY AND PARKING ASSOCIATED WITH THE RAVENSWOOD TRANSIT FACILITY PLAT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

6. RESOLUTION NO. 2012-116 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR THE ISSUANCE OF BUILDING PERMITS PRIOR TO THE PLAT APPROVAL FOR THE RAVENSWOOD TRANSIT FACILITY PLAT (PL-19-12); PROVIDING FOR DEMOLITION OF THE IMPROVEMENTS IF THE PLAT IS NOT RECORDED; PROVIDING FOR RECORDING; PROVIDING FOR CONFLICTS, FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

7. RESOLUTION NO. 2012-117 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA RECOGNIZING "TOGETHER WE SERVE WEEK", OCTOBER 21-27, 2012, AND ENCOURAGING ALL CITIZENS TO SUPPORT AND TAKE PART IN INCREASING VOLUNTEER EFFORTS WITHIN OUR COMMUNITY; PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE.

8. RESOLUTION NO. 2012-118 (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.

9. RESOLUTION NO. 2012-119 (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 INTERLOCAL AGREEMENT RELATED TO THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) PERMIT PROGRAM AMONG THE CITY OF DANIA BEACH, NONEXEMPT MUNICIPALITIES, BROWARD COUNTY, AND BROWARD COUNTY DEPARTMENT OF PLANNING AND ENVIRONMENTAL PROTECTION, AS REQUIRED BY §163.01 FLORIDA STATUTES, ALSO KNOWN AS THE FLORIDA INTERLOCAL COOPERATION ACT OF 1969; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

10. RESOLUTION NO. 2012-120 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE RENEWAL OF THE COMPREHENSIVE INSURANCE COVERAGE PACKAGE AND ITS WORKERS' COMPENSATION INSURANCE FOR THE CITY OF DANIA BEACH, FLORIDA, THROUGH BROWN & BROWN D/B/A 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, EMPLOYMENT PRACTICES' LIABILITY AND WORKERS' COMPENSATION IN A COMBINED TOTAL NOT TO EXCEED EIGHT HUNDRED FORTY THOUSAND DOLLARS ($840,000.00) FOR COVERAGE BEGINNING OCTOBER 1, 2012 THROUGH SEPTEMBER 30, 2013; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

11. RESOLUTION NO. 2012-121 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE TRANSFER OF AN AMOUNT NOT TO EXCEED $42,100.00 FROM THE COMMUNITY REDEVELOPMENT AGENCY ("CRA") BUDGET APPROPRIATIONS TO THE CITY CAPITAL PROJECTS FUND RELATING TO THE US-1/SR-5 RIGHT-OF-WAY LANDSCAPE IMPROVEMENTS, PHASE II PROJECT, TO PROVIDE FUNDING FOR CONSTRUCTION MONITORING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

8. BIDS AND REQUESTS FOR PROPOSALS

9. PUBLIC HEARINGS

1. ORDINANCE NO. 2012-022 (Agenda Request Item, Supporting Docs)

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY BATIA DAYAN ON BEHALF OF 4760 LLC, FOR A REZONING AND FLEX ALLOCATION FOR PROPERTY LOCATED AT 4760 SW 42 TERRACE IN THE CITY OF DANIA BEACH, FLORIDA, FOR PROPERTY LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM RESIDENTIAL (RS-6000) TO COMMERCIAL (C-1) AND ASSIGNING A COMMERCIAL LAND USE DESIGNATION, SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) (Continued from August 14, 2012 and August 28, 2012)

2. ORDINANCE NO. 2012-023 (Agenda Request Item, Supporting Docs)

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 18, "PENSIONS AND RETIREMENT", OF THE CITY CODE OF ORDINANCES TO PROVIDE FOR COMPLIANCE WITH THE UNITED STATES INTERNAL REVENUE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING)

3. ORDINANCE NO. 2012-024 (Agenda Request Item, Supporting Docs)

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING SECTION 18-29 OF CHAPTER 18, "PENSIONS & RETIREMENT" OF THE CITY CODE OF ORDINANCES, TO PROVIDE CLARIFICATION FOR THE ELECTION OF TRUSTEES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING)

4. RESOLUTION NO. 2012-114 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST (SP-10-12) AND WAIVER (WA-37-12) SUBMITTED BY ACAI ASSOCIATES, INC. ON BEHALF OF BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS, FOR PROPERTY LOCATED AT 5440 ANGLERS AVENUE IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

10. DISCUSSION AND POSSIBLE ACTION

1. Discussion to cancel the November 13, 2012 City Commission meeting and schedule an Organizational meeting for newly elected officials - Commissioner Castro (Agenda Request Item, Supporting Docs)

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. Airport Advisory Board (Supporting Docs)

Commissioner Duke - 1 appointment

Commissioner Grace - 1 appointment

2. Grant Advisory Board (Supporting Docs)

Commissioner Castro - 1 appointment

13. ADMINISTRATIVE REPORTS

13.1 City Manager

13.2 City Attorney

13.3 City Clerk - Reminders

Wednesday, September 12, 2012 - 5:30 p.m. CRA Budget Hearing

Wednesday, September 12, 2012 - 6:00 p.m. First Budget Public Hearing

Thursday, September 20, 2012 - 6:00 p.m. Abatement Hearing

Tuesday, September 25, 2012 - 6:00 p.m. Second Budget Public Hearing

Tuesday, September 25, 2012 - 7:00 p.m. City Commission Meeting

14. ADJOURNMENT