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Home My WebLink About2009-12-10 Special Meeting - Water - Election City Commission Meeting AgendaAGENDA DANIA BEACH CITY COMMISSION SPECIAL MEETING THURSDAY, DECEMBER 10, 2009 – 6:00 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 2. ROLL CALL 3. ORDINANCE NO. 2009-015 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH THE CITY OF HOLLYWOOD FOR THE PURCHASE OF WATER; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) 4. RESOLUTION NO. 2009-230 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ESTABLISHING FILING (QUALIFYING) DATES FOR CANDIDATES FOR THE CITY COMMISSION CREATED BY A VACANCY ON THE CITY COMMISSION AND PROVIDING FOR THE CALLING AND HOLDING OF A PRIMARY ELECTION IN THE CITY OF DANIA BEACH, FLORIDA, ON TUESDAY, MARCH 9, 2010 FOR THE PURPOSE OF NOMINATING CITY COMMISSIONERS TO BE VOTED UPON AT THE SPECIAL ELECTION TO BE HELD ON TUESDAY, APRIL 13, 2010; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 5. RESOLUTION NO. 2009-231 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY WITH DR. BRENDA C. SNIPES, SUPERVISOR OF ELECTIONS OF BROWARD COUNTY, FLORIDA IN CONNECTION WITH THE SELECTION OF POLL WORKERS FOR SPECIAL CITY ELECTIONS IN 2010; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 6. ADJOURNMENT ORDINANCE 2009-015 Item #3 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH THE CITY OF HOLLYWOOD FOR THE PURCHASE OF WATER; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the proper City officials are authorized to enter into an agreement with the City of Hollywood for the purchase of water from that City for the City of Dania Beach. The City Manager and City Attorney are authorized to make such revisions to the agreement as they deem necessary and proper for the City’s best interests. Section 2. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with this Ordinance are repealed to the extent of such conflict. Section 3. That if any section, clause, sentence, or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 4. That this Ordinance shall take effect immediately at the time of passage and adoption. PASSED on first reading on November 30, 2009. PASSED AND ADOPTED on second reading on ____________, 2009. ATTEST: __________________________ LOUISE STILSON, CMC ANNE CASTRO CITY CLERK MAYOR-COMMISSIONER APPROVED AS TO FORM AND CORRECTNESS: __________________________ THOMAS J. ANSBRO CITY ATTORNEY RESOLUTION NO. 2009-230 Item #4 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ESTABLISHING FILING (QUALIFYING) DATES FOR CANDIDATES FOR THE CITY COMMISSION CREATED BY A VACANCY ON THE CITY COMMISSION AND PROVIDING FOR THE CALLING AND HOLDING OF A PRIMARY ELECTION IN THE CITY OF DANIA BEACH, FLORIDA, ON TUESDAY, MARCH 9, 2010 FOR THE PURPOSE OF NOMINATING CITY COMMISSIONERS TO BE VOTED UPON AT THE SPECIAL ELECTION TO BE HELD ON TUESDAY, APRIL 13, 2010; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, As a result of the vacancy on the City Commission created by the resignation of Commissioner Albert Jones, who was appointed as a Broward County Commissioner, the City of Dania Beach is required to call a primary election to determine a slate of candidates for election to municipal office created by the vacancy; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That candidates for Office of the City Commission of the City of Dania Beach for the vacancy occurring in office due to the resignation of Commissioner Albert Jones, shall file such papers and pay such fees as may be required by law and the City Charter with the City Clerk of the City of Dania Beach no earlier than 9:00 a.m. on the 4th day of January, 2010 nor later than noon on the 6th day of January, 2010. Section 2. That a primary election relating to such municipal office shall be held in the City of Dania Beach, Broward County, Florida, on Tuesday, March 9, 2010, and a special election relating to such municipal office shall be held in the City of Dania Beach, Broward County, Florida, on Tuesday, April 13, 2010. Section 3. That funding for this special election shall be provided by a transfer of $85,000.00 in available General Fund balances from General Administration - Contingency account #001-1800-519-9910 to City Clerk - Election Expense account #001-1600-512-4940. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution shall be repealed to the extent of such conflict. Section 5. This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED on December 10, 2009. _____________________________ ANNE CASTRO MAYOR–COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: ________________________ THOMAS J. ANSBRO CITY ATTORNEY RESOLUTION NO. 2009-231 Item #5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY WITH DR. BRENDA C. SNIPES, SUPERVISOR OF ELECTIONS OF BROWARD COUNTY, FLORIDA IN CONNECTION WITH THE SELECTION OF POLL WORKERS FOR SPECIAL CITY ELECTIONS IN 2010; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the proper City officials are authorized to execute an agreement on behalf of the City with Dr. Brenda C. Snipes, Supervisor of Elections of Broward County, Florida in connection with the selection of pollworkers for the Special City elections scheduled for 2010. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on December 10, 2009. ATTEST: ______________________________ _____________________________ ANNE CASTRO LOUISE STILSON, CMC MAYOR-COMMISSIONER CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: ______________________________ THOMAS J. ANSBRO CITY ATTORNEY AGREEMENT THIS AGREEMENT, made and entered into the ___________ day of _________________, 2009 by and between: Dr. Brenda C. Snipes, SUPERVISOR OF ELECTIONS OF BROWARD COUNTY (hereinafter referred to as the "Supervisor") AND CITY OF DANIA BEACH A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA 100 W. Dania Beach Boulevard Dania Beach, FL 33004 (hereinafter referred to as "City", “Town” or “Village”) WITNESSETH: WHEREAS, BRENDA C. SNIPES, is the Supervisor of Elections of Broward County, Florida, pursuant to the provisions of Article VIII Section 1(d) of the Florida Constitution and serves in that capacity as a Constitutional Officer and under the State of Florida Election Code; and WHEREAS, the Supervisor has specific duties, functions, and responsibilities described in the State of Florida Election Code contained in Chapters 97 through 106 of the Florida Statutes, as amended from time to time; and WHEREAS, among the duties and functions of the Supervisor is the engagement, training, and assigning pollworkers, including Voting Systems Technicians (VST) in connection with Federal, State, County, and certain Municipal and District elections described in Chapter 102, Florida Statutes, including the appointment of election boards consisting of an inspector and a clerk who shall perform their duties and functions as provided for in the State Election Code; and WHEREAS, Chapter 75-350, Laws of Florida (Special Acts, 1975 [the "Act"]), as amended, provides for a uniform filing and election date for all municipal elections conducted in Broward County, Florida, in addition to setting forth the requirements for qualification to office, the conducting of elections and other matters affecting all municipalities within Broward County, Florida; and WHEREAS, during general elections conducted by the Supervisor, pollworkers are hired by the Supervisor and function as her employees during the course of such elections; however, in municipal elections, the aforesaid pollworkers are selected and hired by the individual municipalities whose compensation is derived and paid for by such municipalities for municipal elections described in the aforementioned Act; and WHEREAS, for convenience, consistency and the proper and efficient conduct of municipal elections, it is common for municipalities in Broward County to specifically request that the Supervisor select, train, and work directly with the pollworkers during municipal elections, however, all payment due municipal election day pollworkers is the responsibility of the requesting municipality for these specific services: and WHEREAS, the Supervisor possesses the requisite legal authority, expertise, personnel, and equipment to assist a municipality in selecting, engaging, training, and working directly with pollworkers in the City’s election; and WHEREAS, the City desires to delegate and to assign to the Supervisor the power, duty, and authority to select pollworkers for municipal elections pursuant to the terms, conditions, and provisions of this Agreement; NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged by the parties, the parties hereto agree as follows: ARTICLE 1.0 Recitals 1.1 The above recitals are true and correct and are incorporated herein as if set forth in full hereunder. ARTICLE 2.0 Duties of Supervisor 2.1 The Supervisor shall conduct the municipal election to be held by the City of Dania Beach on the 9th day of March, 2010 and the 13th day of April, 2010, in accordance with the State of Florida Election Code, as amended from time to time. 2.2 At the request of the City, the Supervisor shall select, assign, and train the requisite number of pollworkers for the aforesaid election. 2.3 The Supervisor's decision as to placement and location in precincts and polling places for such designated pollworkers shall be determined by the Supervisor in her sole and absolute discretion, upon and subsequent to the execution of this Agreement. 2.4 The Supervisor shall provide City with payroll sheets after said election(s) for the purpose of the City’s payment of said Election Day workers. ARTICLE 3.0 City's Obligations 3.1 The City hereby engages the services of the Supervisor of Elections, as set forth in this Agreement in connection with the engagement and assigning of pollworkers for all City elections subject to the terms hereof and unless terminated by either party. 3.2 The City shall properly and timely pay pollworkers as required by law and upon City checks or warrants issued directly to the pollworkers. 3.3 The City shall set the rate of pay for pollworkers. The Supervisor of Elections will advise the City of current pay scale for County elections. 3.4 The City shall permit and hereby authorizes the Supervisor of Elections to engage the Broward County Sheriff to assign and place poll deputies for each of the precincts or polling places for said election referred to in this Agreement. Poll deputies should be considered pollworkers for purposes of payment only. The City will also be responsible for directly paying for each of these deputies in the same manner as described in Articles 2.4, 3.2 and 3.4 of this Agreement. ARTICLE 4.0 Indemnification 4.1 To the extent permitted by law, the City shall indemnify, hold harmless and defend the Supervisor from and against any and all claims, causes of action, which may arise out of the engagement and assignment of pollworkers by the Supervisor or the performance of any of the obligations imposed upon the Supervisor by this Agreement. This indemnification and hold harmless provision shall be liberally construed in favor of the Supervisor and shall apply nonetheless to the extent permitted by law. This indemnification shall permit the Supervisor the right to retain legal counsel of her choosing in any matter or proceeding to which or for which this indemnification arises. Nothing contained herein is intended nor shall be construed to waive the City's rights and immunities under the common law or Florida Statutes Section 768.28, as amended from time to time. ARTICLE 5.0 Notices 5.1 All notices, consents, approvals, waivers, and elections which any party shall require or shall desire to make or give under this Agreement shall be in writing and shall be sufficiently delivered: 5.1.1 when mailed by certified mail, postage prepaid, return receipt requested; 5.1.2 by hand delivery to the named individuals representing the party to be notified; or 5.1.3 by private parcel delivery services, or facsimile transmission for which a receipt is provided to the notifying party. Notices, including notice of a change of address or number, shall be addressed or transmitted to the addresses and telephone numbers set forth below, that a party may be designated in the manner prescribed herein: As to the Supervisor: Dr. Brenda C. Snipes, Supervisor of Elections 115 S. Andrews Avenue, Room 102 Fort Lauderdale, FL 33301 Telephone No. (954)357-7061 With Copy To: Burnadette Norris-Weeks, Esq. Burnadette Norris-Weeks, P.A. 401 North Avenue of the Arts Fort Lauderdale, FL 33311 Telephone No. (954)768-9770 As to City: Louise Stilson, City Clerk City of Dania Beach 100 W. Dania Beach Boulevard Dania Beach, FL 33004 Telephone No. (954) 924-6800 x 3623 With Copy to: Thomas J. Ansbro, City Attorney City of Dania Beach 100 W. Dania Beach Boulevard Dania Beach, FL 33004 Telephone No. (954) 924-6800 x 3635 5.2 Notices, consents, approvals, waivers, and elections given or made as aforesaid shall be deemed to have been given and received on the date of the mailing, delivery, or transmission. When requested by either party, the other shall furnish receipts, paid bills or documents to reasonably verify facts or representations made or pursuant to the requirements of this Agreement. ARTICLE 6.0 Disputes 6.1 Should a dispute arise regarding the interpretation of this Agreement, or in performance of either party hereunder, and should a court action be commenced, the ultimate prevailing party shall be entitled to receive reasonable attorney's fees and costs at both the trial and appellate levels, including the cost and expense of paralegals. Any litigation arising from this Agreement shall be prosecuted in Broward County, Florida. ARTICLE 7.0 Miscellaneous 7.1 It is further agreed that no modification, amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 7.2 Any portion of this agreement that is deemed unconscionable, unconstitutional, or otherwise invalid, shall be severed from the agreement and the rest of the agreement shall remain in full force. 7.3 The terms, provisions, covenants, and conditions herein shall be construed solely in accordance with the laws of the State of Florida. 7.4 This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of each of the parties hereto. 7.5 The parties hereto and their successors and assigns shall not record this Agreement amongst the Public Records of Broward County, Florida. Signed in the presence of: As to City CITY OF DANIA BEACH, FLORIDA A Municipal Corporation of the State of Florida BY: _________________________________ ATTEST: Robert Baldwin, City Manager ___________________________________ Louise Stilson, CMC, City Clerk STATE OF FLORIDA ) ) COUNTY OF BROWARD ) THE FOREGOING INSTRUMENT was acknowledged before me this day of December, 2009, by Robert Baldwin, who is personally known to me. ___________________________________ NOTARY PUBLIC ___________________________________ Print or Type Name My Commission Expires: As to Supervisor SUPERVISOR OF ELECTIONS OF BROWARD COUNTY, FLORIDA WITNESSES: ___________________________________ BY: ________________________________ Supervisor of Elections ___________________________________ Print Name ___________________________________ ___________________________________ Print Name STATE OF FLORIDA ) ) COUNTY OF BROWARD ) THE FOREGOING INSTRUMENT was acknowledged before me this day of __________________, 2009, by Brenda C. Snipes, who is personally known to me. ___________________________________ NOTARY PUBLIC ___________________________________ Print or Type Name My Commission Expires: