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HomeMy WebLinkAbout2022-10-11 Hybrid Regular City Commission Meeting AgendaAGENDA DANIA BEACH CITY COMMISSION HYBRID REGULAR MEETING TUESDAY, OCTOBER 11, 2022 - 7:00 PM 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 TWO HUNDRED FIFTY DOLLARS ($250.00) REGISTRATION FEE FOR EACH PRINCIPAL OR EMPLOYER. REGISTRATION FORMS ARE AVAILABLE ON THE CITY WEBSITE: WWW.DANIABEACHFL.GOV. (ORDINANCE #2012-019; AMENDED BY ORDINANCE #2019-019) 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. DECORUM POLICY FOR MEETINGS OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: INDIVIDUALS WHO WISH TO MAKE ANY “CITIZEN’S COMMENTS” UNDER THAT PORTION OF THE CITY COMMISSION AGENDA, OR WHO OTHERWISE WANT TO ADDRESS THE CITY COMMISSION, MUST FIRST BE REGISTERED WITH THE CITY CLERK (FORMS ARE AVAILABLE OUTSIDE OF THE CITY COMMISSION CHAMBERS AND MUST BE GIVEN TO THE CLERK BEFORE THE MEETING). OTHERS WHO WANT TO ADDRESS THE COMMISSION ON ANY MATTERS MUST FIRST BE RECOGNIZED BY THE MAYOR. ALL SUCH PERSONS MUST USE THE PODIUM IN THE COMMISSION CHAMBER. NO MORE THAN ONE PERSON AT A TIME MAY ADDRESS THE COMMISSION FROM THE PODIUM. COMMENTS ARE ONLY TO BE MADE TO THE CITY COMMISSION AND ARE NOT TO BE DIRECTED TO THE AUDIENCE OR CITY STAFF. NO INDIVIDUAL SHALL MAKE ANY SLANDEROUS OR UNDULY REPETITIVE REMARKS, OR ENGAGE IN ANY OTHER FORM OF BEHAVIOR THAT DISRUPTS OR IMPEDES THE ORDERLY CONDUCT OF THE MEETING, AS DETERMINED BY THE MAYOR. NO INDIVIDUAL MAY SPEAK DIRECTLY TO OR ADDRESS THE MAYOR, CITY COMMISSIONER OR CITY STAFF: COMMENTS ARE TO BE ONLY DIRECTED TO THE COMMISSION AS A WHOLE. NO CLAPPING, APPLAUDING, HECKLING OR VERBAL OUTBURSTS IN SUPPORT OF OR OPPOSITION TO A SPEAKER OR HIS OR HER REMARKS SHALL BE PERMITTED. NO SIGNS OR PLACARDS SHALL BE PERMITTED IN THE COMMISSION CHAMBER. IF ANY PERSON’S CONDUCT AS DETERMINED BY THE MAYOR IS FOUND TO BE DISRUPTIVE OR INTERFERES WITH THE ORDERLY CONDUCT OF THE MEETING, THE PERSON MAY BE ASKED BY THE MAYOR TO LEAVE THE COMMISSION CHAMBERS; IF THE PERSON DOES NOT LEAVE AND THE CONDUCT PERSISTS, THE CITY POLICE DEPARTMENT WILL BE REQUESTED TO ESCORT THE INDIVIDUAL FROM THE CITY COMMISSION CHAMBERS. ALL CELLULAR TELEPHONES ARE TO BE SILENCED DURING THE MEETING. ALL PERSONS EXITING THE COMMISSION CHAMBER SHALL DO SO QUIETLY. (RESOLUTION #2020-032) 1. CALL TO ORDER/ROLL CALL 2. MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE 3. PRESENTATIONS AND SPECIAL EVENT APPROVALS 1. Advertising Dania Beach presentation - Commissioner Davis 2. Special Event request from the City of Dania Beach for an Employee Appreciation Picnic to be held at the City Hall campus on October 22, 2022 from 12:00 p.m. - 4:00 p.m. The applicant is requesting a waiver of fees. (Parks & Recreation) Agenda – Dania Beach City Commission Tuesday, October 11, 2022 - 7:00 PM Page 2 of 8 3. Special Event request from Dania Live 1748 II, LLC to host “Dania Pointe Food and Wine Festival” to be held at 161 S. Compass Way, Dania Pointe, on Saturday, October 22, 2022 from 5:00 p.m. – 11:00 p.m. (Community Development) 4. Special Event request from Exotics on Las Olas to host “Exotics at the Pointe” to be held at 161 S. Compass Way, Dania Pointe, on Sunday, November 13, 2022 from 11:00 a.m. - 3:00 p.m. (Community Development) 5. Special Event request from Agency 44, LLC to host “ Dania Pointe 5K Fun Run Under the Sun“ to be held at 150 Sunset Drive, Dania Pointe, on Sunday, October 30, 2022 from 7:30 a.m. – 9:00 a.m. (Community Development) 4. PROCLAMATIONS 1. Florida City Government Week - Mayor James 5. CITIZEN COMMENTS Addressing the Commission: A thirty (30) minute "Citizen Comments" period shall be designated on the agenda for citizens and interested persons to speak on matters whether or not scheduled on that day's agenda. Individuals wishing to speak on a matter not included on the "Public Hearing" section of the agenda, which matter pertains to an item before the City Commission which requires a decision of the City Commission, may do so by signing in and submitting a form to that effect with the City Clerk prior to the meeting. Speakers at Public Hearings shall also submit such a form. Each speaker shall be limited to 3 minutes for his or her comments. If more than ten (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: Approve Minutes of September 14, 2022 City Commission Hybrid Meeting 2. Travel Requests: None 3. RESOLUTION NO. 2022-158 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH CHEN MOORE & ASSOCIATES, INC., THE HIGHEST RANKED ENGINEERING DESIGN FIRM FOR THE CITYWIDE STORMWATER MASTER PLAN, AS RELATED TO REQUEST FOR QUALIFICATIONS (“RFQ”) NO. 22-023 IN THE AMOUNT OF ONE MILLION SEVENTY-SIX THOUSAND FIVE HUNDRED THIRTY-FIVE DOLLARS ($1,076,535.00); AND AUTHORIZING Agenda – Dania Beach City Commission Tuesday, October 11, 2022 - 7:00 PM Page 3 of 8 THE CITY TO EXCEED THE ANNUAL VENDOR THRESHOLD TOTAL AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000.00); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Public Services) 8. BIDS AND REQUESTS FOR PROPOSALS 1. RESOLUTION NO. 2022-159 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE AWARD OF INVITATION TO BID (“ITB”) NO. 22-029 ENTITLED, “SIDEWALK DEMOLITION AND INSTALLATION, TIER 1” PROJECT TO TEAM CONTRACTING, INC. IN AN AMOUNT NOT TO EXCEED EIGHT HUNDRED TWENTY-TWO THOUSAND SIX HUNDRED THREE DOLLARS AND SIXTY CENTS ($822,603.60); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Public Services) 2. RESOLUTION NO. 2022-160 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE AWARD OF INVITATION TO BID (“ITB”) NO. 22-030, ENTITLED “DIRECTIONAL BORING AND ELECTRICAL UTILITY INSTALLATION” AND FOR THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH CANSECO ELECTRICAL CONTRACTORS, INC. IN AN AMOUNT NOT TO EXCEED ONE HUNDRED NINETY-FIVE THOUSAND DOLLARS ($195,000.00); AND AUTHORIZING THE CITY TO EXCEED THE ANNUAL VENDOR THRESHOLD TOTAL AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000.00); PROVIDING; FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Public Services) 9. PUBLIC HEARINGS 1. ORDINANCE NO. 2022-030 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE RIGHT-OF-WAY VACATION REQUEST (VC-069-22) SUBMITTED BY THE PROPERTY OWNER, THE CITY OF DANIA BEACH, FOR THE PROPERTY GENERALLY LOCATED AT 100 NW 8TH AVENUE BETWEEN NW 2 STREET AND NW 1 STREET RESPECTIVELY, WHICH RIGHT OF WAY IS CONTAINED WITHIN THE PLAT OF WEST MOORLAND, RECORDED IN PLAT BOOK 19, PAGE 8, OF THE PUBLIC RECORDS BOOK FOR BROWARD COUNTY, WHICH RIGHT OF WAY IS GENERALLY DESCRIBED AS “NORTHWEST 10TH AVENUE,” AND IS LOCATED WITHIN THE CITY OF DANIA BEACH, FLORIDA, WHICH RIGHT OF Agenda – Dania Beach City Commission Tuesday, October 11, 2022 - 7:00 PM Page 4 of 8 WAY IS LEGALLY DESCRIBED IN EXHIBIT A, A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) (Community Development) 2. ORDINANCE 2022-031 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), WHICH EXPENDITURE IS NOT TO EXCEED THE PROJECT ESTIMATE OF FOUR MILLION EIGHT HUNDRED TWENTY ONE THOUSAND FIVE HUNDRED TWENTY DOLLARS ($4,821,520.00) APPROVED BY THE CITY COMMISSION, TO FUND THE REHABILITATION OF LIFT STATIONS 1, 2 AND 3 PROJECT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) (Public Services) 10. DISCUSSION AND POSSIBLE ACTION 11. COMMISSION COMMENTS 1. Commissioner Davis 2. Commissioner Lewellen 3. Commissioner Odman 4. Vice-Mayor Salvino 5. Mayor James 12. APPOINTMENTS 1. Dania Beach Housing Authority Mayor James - 1 appointment for a term beginning November 1, 2022 and ending October 31, 2026 (Rosalind Curry's term expires October 31, 2022) 13. ADMINISTRATIVE REPORTS 1. City Manager 2. City Attorney 3. City Clerk - Reminders Agenda – Dania Beach City Commission Tuesday, October 11, 2022 - 7:00 PM Page 5 of 8 Tuesday, October 25, 2022 - 7:00 p.m. City Commission Meeting Wednesday, November 9, 2022 - 5:30 p.m. CRA Board Meeting Wednesday, November 9, 2022 - 7:00 p.m. City Commission Meeting Monday, November 21, 2022 - 6:00 p.m. Organization Meeting Monday, November 21, 2022 - 7:00 p.m. City Commission Meeting 14. ADJOURNMENT Agenda – Dania Beach City Commission Tuesday, October 11, 2022 - 7:00 PM Page 6 of 8 CITY OF DANIA BEACH CITY COMMISSION MEETING OCTOBER 11, 2022 at 7:00 PM PUBLIC MEETING AND PUBLIC COMMENTS PROCEDURE The City of Dania Beach City Commission will be conducting a “Hybrid” City Commission Meeting in the Commission Chamber with limited public access and utilizing communications media technology (“CMT”) for additional access, in accordance with Ordinance No. 2021-012, adopted February 9, 2021, and Resolution No. 2021-070, adopted May 11, 2021, related to conducting public meetings while under the public health emergency related to the spread of Novel Coronavirus Disease 2019 (COVID-19). Please visit www.daniabeachfl.gov/virtualmeetings for detailed instructions on how to attend and participate in virtual City Commission meetings. Public access to this virtual meeting can be accomplished as follows: • Watch Meeting on the City’s YouTube Channel at www.daniabeachfl.gov/2654/Watch-DaniaTV • Watch Meeting on Comcast Cable Channel 78 • Join the Meeting virtually or by telephone using Zoom Any member of the public wishing to comment publicly on any matter including on specific agenda items can do so by one of the following options: Before 2:00 p.m. on the day of the meeting, comments can be submitted into the record by using the following link: https://daniabeach.seamlessdocs.com/f/PublicSpeakingFormCityCommission (all public comments submitted will be provided to the City Commission prior to the meeting and will be attached to the minutes of this meeting and become part of the official record) Participating in a public meeting using the video conference platform: • Virtual attendance: Join Zoom via the browser and enter using the meeting ID; to be recognized during public comment, click “Raise my hand” in the software • Telephone attendee: dial meeting phone number and enter meeting ID; to be recognized during public comment, dial *9 to raise your hand For more information about this City Commission meeting or submitting a public comment at the meeting, please contact: Thomas Schneider, City Clerk City of Dania Beach 100 W Dania Beach Boulevard Dania Beach, FL 33004 954-924-6800 | tschneider@daniabeachfl.gov NOTICE: This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 954-924-6800 ext. 3624, no later than two days prior to such proceeding. Anyone wishing to appeal any decision made by the Dania Beach City Commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items may be viewed online at www.daniabeachfl.gov. Agenda – Dania Beach City Commission Tuesday, October 11, 2022 - 7:00 PM Page 7 of 8 Instructions for Participating and Viewing City of Dania Beach Hybrid City Commission Meeting October 11, 2022 at 7:00 PM Through the City’s Website: Please click the link below: www.daniabeachfl.gov/2654/Watch-DaniaTV Through Comcast Channel 78: If you are a Comcast/Xfinity customer, please go to Channel 78 to view the meeting. Before 2:00 p.m. on the day of the meeting, submit Public Comments by clicking this link: https://daniabeach.seamlessdocs.com/f/PublicSpeakingFormCityCommission (all public comments submitted will be provided to the City Commission prior to the meeting and will be attached to the minutes of this meeting and become part of the official record). Options for Viewing and Participating in the Meeting Using Zoom Go to https://zoom.us/ to access the meeting from your device Use this meeting link to join as an attendee: https://us02web.zoom.us/j/88923745279 Using your telephone One tap mobile : US: +19294362866,,88923745279# or +13017158592,,88923745279# Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 929 436 2866 or +1 301 715 8592 or +1 312 626 6799 or +1 669 900 6833 or +1 253 215 8782 or +1 346 248 7799 Webinar ID: 889 2374 5279 To raise hand and be acknowledged to speak: 1. Users who call in can dial *9 to raise their hand 2. If in Zoom, hover at the bottom middle of screen to see the raise hand option and click 3. Once you have been selected to speak, you may be prompted to unmute your device or this will be done for you. Agenda – Dania Beach City Commission Tuesday, October 11, 2022 - 7:00 PM Page 8 of 8 City of Dania Beach, Florida Virtual City Commission Meetings Quasi-Judicial Proceedings Any member of the public wishing to make verbal comment during a meeting must pre-register to do so with the City Clerk’s office using the form found on the City’s website. This pre-registration applies to the public, and extends to the applicant and applicant’s team. Once the registration has been processed, the registrant will receive instructions for participating in the meeting. Members of the public who attend the meeting by telephone will have their line muted at all times, except when acknowledged by the Mayor to speak on a particular agenda item, and only one individual will be permitted to speak at a time. If either the applicant or a member of the public seeks to introduce documents into the record, that must be done at least five (5) days prior to the virtual public meeting, so that the City can upload the information. The City Clerk shall provide the Mayor and City Commission with the submittals prior to the hearing. All documents should be sent to the following email addresses: tschneider@daniabeachfl.gov and clajoie@daniabeachfl.gov. In the “Subject” line of the email please address the email as “documents to be included for public hearing” and list the public hearing applicant name and property address. On the date and at the time of the Virtual meeting, the City Attorney shall read the title of the quasi-judicial public hearing item when the Agenda item is ready to be presented. The City Attorney shall ask the City Commission to disclose any prior “ex parte” communications with any party that occurred prior to the meeting. Thereafter, the City Attorney will virtually swear in all staff persons speaking about an application as well as the applicant, applicant’s team, and any persons in the public who intend to appear by telephone, email, or “live” during the virtual feed of the video presentation during the virtual City Commission meeting. The City Attorney will ask staff and applicant (including applicant’s team) to raise their right hands to be sworn in. The City Attorney will then administer an oath. The City Attorney will ask each person to confirm audibly for the record that each speaker took the oath (all persons will identify themselves by name). Thereafter, City staff will provide a presentation of the staff report and the Department recommendations, if any. Any power point presentations or documents shown or produced during the hearing shall be treated as evidence which the City Commission may consider in determining whether or not to approve the application. The applicant will then be provided the opportunity to make a presentation. Legal counsel for the applicant may make a presentation or assist with the applicant’s presentation. Then members of the public, during the public hearing portion of the agenda item hearing, may speak to the application and may cross-examine witnesses (including City staff, the applicant, and applicant’s team). During the Public Comments/Public Hearing portion of the meeting the City Attorney will individually swear in public speakers, who will acknowledge having taken the oath, and state their names for the record. Video of the virtual meeting will be streamed on the City’s website at www.daniabeachfl.gov, the City’s YouTube channel, and Dania Beach Comcast Channel 78. Additionally, a dedicated telephone line will be available so that any individual may listen to the meeting via telephone and may participate during the public comments portion of the hearing. If public comments were received in advance, they will be acknowledged by the City Clerk by mention of the names of those who submitted comments. Once the public hearing is closed the Mayor and City Commission shall deliberate on the public hearing quasi-judicial item. A virtual quorum shall be required to take action on the application. Roll call vote of the City Commission shall be required.