Agenda for October 23, 2012

DANIA BEACH CITY COMMISSION

REGULAR MEETING

TUESDAY, OCTOBER 23, 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. Municipal Marina Presentation - Colin Donnelly, Assistant City Manager, and Mark Bates, Finance Director (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 October 9, 2012 City Commission Meeting

2. Travel Requests: None

3. RESOLUTION NO. 2012-140 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, INCREASING THE SCOPE OF WORK TO BE PERFORMED BY LAWN WIZARD USA, INC., IN THE AMOUNT OF $19,500.00 FOR ADDITIONAL LANDSCAPE WORK FOR GROUNDS AND RIGHT-OF-WAY MAINTENANCE ON US-1 FROM GRIFFIN ROAD TO STIRLING ROAD; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

4. RESOLUTION NO. 2012-141 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO ACCEPT AND EXECUTE A WATERWAY ASSISTANCE PROGRAM GRANT AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND THE FLORIDA INLAND NAVIGATION DISTRICT IN THE AMOUNT OF $1,382,505.00 RELATED TO FUNDING FOR CONSTRUCTION OF DANIA BEACH MARINA IMPROVEMENTS - PHASE II; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

5. RESOLUTION NO. 2012-142 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPOINTING THE LAW FIRM OF WEISS, SEROTA, HELFMAN, PASTORIZA, COLE & BONISKE, P. L., AS BOND COUNSEL IN CONNECTION WITH THE BANK QUALIFIED LOAN FINANCING OF THE MARINA IMPROVEMENT PROJECT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

6. RESOLUTION NO. 2012-143 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE APPROPRIATION, USE AND TRANSFER OF $2,253,000.00 FROM AVAILABLE CITY GENERAL FUND UNASSIGNED FUND BALANCE FUNDS TO THE CAPITAL PROJECTS FUND TO PROVIDE TEMPORARY LOAN FUNDING FOR THE MARINA IMPROVEMENT PROJECT CONSTRUCTION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

7. RESOLUTION NO. 2012-144 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO ISSUE PAYMENT TO INTERCOUNTY ENGINEERING, INC., PERTAINING TO COSTS ASSOCIATED WITH EMERGENCY WORK RELATED TO LIFT STATION NO. 7 DUE TO FLOODING, IN AN AMOUNT NOT TO EXCEED $48,458.49; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

8. BIDS AND REQUESTS FOR PROPOSALS

1. RESOLUTION NO. 2012-145 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AWARDING A BID TO SHORELINE FOUNDATION INC., IN AN AMOUNT NOT TO EXCEED $6,186,787.00 FOR THE MARINA PHASE II CONSTRUCTION PROJECT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

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-2) 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, August 28, 2012 and September 11, 2012)

2. ORDINANCE NO. 2012-026 (Agenda Request Item, Supporting Docs)

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE EXPENDITURE OF CITY FUNDS EXCEEDING ONE MILLION DOLLARS ($1,000,000.00), TO REFUND THE CITY'S EXISTING SALES TAX REVENUE BOND; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)

10. DISCUSSION AND POSSIBLE ACTION

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

Commissioner Duke - 1 appointment

Commissioner Grace - 1 appointment

2. Dania Beach Housing Authority (Supporting Docs)

Mayor Flury - 2 appointments

3. General Employees Pension Board (Supporting Docs)

1 Commission Appointment (Myrtle Corbin term expired June 2012)

4. Grant Advisory Board

Commissioner Castro - 1 appointment

13. ADMINISTRATIVE REPORTS

13.1 City Manager

13.2 City Attorney

13.3 City Clerk - Reminders

Tuesday, October 30, 2012 - 7:00 p.m. Friends of the Library Candidate Forum

Wednesday, November 7, 2012 - 6:00 p.m. CRA Board Meeting

Tuesday, November 13, 2012 - 7:00 p.m. Organizational Meeting

Thursday, November 15, 2012 - 6:00 p.m. Abatement Hearing

Tuesday, November 27, 2012 - 7:00 p.m. City Commission Meeting

14. ADJOURNMENT