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Home My WebLink About2020-11-10 Virtual Regular City Commission Meeting AgendaCITY OF DANIA BEACH CITY COMMISSION MEETING NOVEMBER 10, 2020 at 7:00 PM VIRTUAL MEETING AND PUBLIC COMMENTS PROCEDURE The City of Dania Beach City Commission will be conducting a “Virtual” City Commission meeting utilizing communications media technology (“CMT”), in accordance with Emergency Ordinance No. 2020-017 and City Manager’s Order Adopting Rules for Use of Communications Media Technology for Public Meetings During Health Emergency, related to conducting public meetings while under the public health emergency related to the spread of Novel Coronavirus Disease 2019 (COVID-19). City Hall building is closed to the public. 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 RingCentral Meetings 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: download and install RingCentral Meetings and join 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, November 10, 2020 - 7:00 PM Page 2 of 8 Instructions for Participating and Viewing City of Dania Beach Virtual City Commission Meeting November 10, 2020 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 RingCentral Meetings software Visit https://www.ringcentral.com/apps/rc-meetings to download and install the software on your device Use this meeting link to join as an attendee: https://meetings.ringcentral.com/j/1486572803 Using your telephone – for higher quality, dial a number based on your current US location: +1(312)2630281 +1(470)8692200 (US East) +1(646)3573664 +1(773)2319226 (US North) +1(213)2505700 +1(346)9804201 +1(469)4450100 (US South) +1(623)4049000 (US West) +1(650)2424929 +1(720)9027700 (US Central) Enter the meeting ID: 148-657-2803 To raise hand and be acknowledged to speak: 1. Users who call in can dial *9 to raise their hand 2. If using the meeting software, to raise hand click or tap "Participants", then choose the option to raise hand. 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, November 10, 2020 - 7:00 PM Page 3 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. Agenda – Dania Beach City Commission Tuesday, November 10, 2020 - 7:00 PM Page 4 of 8 AGENDA DANIA BEACH CITY COMMISSION VIRTUAL REGULAR MEETING TUESDAY, NOVEMBER 10, 2020 - 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. 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. Veterans Day Presentation - Mayor Lewellen 2. City-wide Street Lighting Improvement Project Presentation - Fernando J. Rodriguez, Public Services Director and Dr. Fred Bloetscher Agenda – Dania Beach City Commission Tuesday, November 10, 2020 - 7:00 PM Page 5 of 8 4. PROCLAMATIONS 1. Veterans and Military Families Month - Vice-Mayor Odman 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: Approve Minutes of October 13, 2020 Virtual City Commission Meeting 2. Travel Requests: None 3. Motion to authorize substitution of Brightline Trains Florida LLC for Virgin Trains USA Florida LLC for contract between City and Brightline for construction of supplemental safety improvements at selected railroad crossings in the City (City Attorney) 4. Motion to approve a payment to the City of Hollywood for improperly billed sewer charges (Finance) 5. RESOLUTION NO. 2020-141 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, REQUESTING ADVANCE APPROVAL FROM THE CITY COMMISSION TO PROCEED WITH THE BID ADVERTISEMENT FOR THE CITYWIDE STREETLIGHTING IMPROVEMENT PROJECT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Public Services) Agenda – Dania Beach City Commission Tuesday, November 10, 2020 - 7:00 PM Page 6 of 8 6. RESOLUTION NO. 2020-142 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE EXPENDITURE OF FUNDS BY VARIOUS CITY DEPARTMENTS FOR SERVICES TO BE PURCHASED FROM DECOTA CONSTRUCTION INC. FOR VARIOUS CONSTRUCTION PROJECTS FOR THE FISCAL YEAR ENDING ON SEPTEMBER 30, 2021, THAT WILL EXCEED AN ANNUAL VENDOR TOTAL AMOUNT OF TWENTY-FIVE THOUSAND DOLLARS ($25,000.00); AUTHORIZING SUCH PURCHASES TO BE MADE WITHIN THE RESPECTIVE DEPARTMENTS’ APPROVED ANNUAL BUDGET APPROPRIATIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Public Services) 7. RESOLUTION NO. 2020-143 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE EXPENDITURE OF UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000.00) TOWARDS THE INSTALLATION OF AN ARTISTIC ARTIFICIAL REEF ALONG DANIA BEACH’S BEACHFRONT; EXECUTING AN AGREEMENT WITH 1000 MERMAIDS PROJECT CORP. RELATED TO THE DESIGN, CONSTRUCTION AND INSTALLATION OF THE ARTIFICIAL REEF, AND TO PROVIDE EDUCATIONAL OPPORTUNITIES TO THE COMMUNITY RELATING TO REEFS AND PROTECTION OF REEFS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (City Manager) 8. RESOLUTION NO. 2020-144 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE ADOPTION OF A FUNDING POLICY FOR THE OTHER POST EMPLOYMENT BENEFITS (“OPEB”) TRUST; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR A RETROACTIVE EFFECTIVE DATE. (Finance) 8. BIDS AND REQUESTS FOR PROPOSALS 9. PUBLIC HEARINGS 1. ORDINANCE NO. 2020-016 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING AN APPLICATION TO VACATE AN Agenda – Dania Beach City Commission Tuesday, November 10, 2020 - 7:00 PM Page 7 of 8 EASEMENT RECORDED IN OFFICIAL RECORDS BOOK 12185, PAGE 710 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA (“EASEMENT”), (VC-064-20) SUBMITTED BY HSQ GROUP, INC. ON BEHALF OF THE PROPERTY OWNER, DAVID OPTEKAR, WHICH EASEMENT WAS GRANTED TO THE CITY OF DANIA BEACH FOR ROAD AND OTHER RELATED PURPOSES AND GENERALLY LOCATED SOUTH OF WEST DANIA BEACH BOULEVARD WEST OF SW 8TH AVENUE, WITHIN THE CITY OF DANIA BEACH, FLORIDA, AS 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. RESOLUTION NO. 2020-145 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PURSUANT TO SECTION 670-10(3), OF CHAPTER 28, OF THE CITY’S CODE, EXTENDING ZONING IN PROGRESS (ENACTED UNDER RESOLUTION NO. 2020-094) THROUGH JANUARY 31, 2021; EXTENDING THE DECLARATION THAT THE CITY IS CONSIDERING AN AMENDMENT TO ITS LAND DEVELOPMENT REGULATIONS TO CREATE A ZONING OVERLAY DISTRICT, TO CREATE ARTICLE 826 TO BE ENTITLED “HARGER HILLS OAK HAMMOCK TREE PROTECTION OVERLAY” UNDER THE CITY’S LAND DEVELOPMENT CODE (LDC). OF THE CITY OF DANIA BEACH CODE, AND APPROVING THE APPLICATION REQUEST (TX-065-20), MADE BY THE CITY OF DANIA BEACH TO CREATE A ZONING OVERLAY FOR THE GENERAL VICINITY OF THE RESIDENTIAL LOTS ON SW 36 TERRACE, SW 37 AVENUE AND SW 37 TERRACE, STRETCHING FROM STIRLING ROAD NORTH FOR APPROXIMATELY 1,280 LINEAR FEET, TO THE END OF THE STREETS, AND INCLUDES APPROXIMATELY 40 GROSS ACRES AND 74 PARCELS, IN THE CITY OF DANIA BEACH, FLORIDA, WHICH PROPERTY IS LEGALLY DESCRIBED IN AMENDED EXHIBIT “A,” A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION; PROVIDING FOR AN OAK HAMMOCK TREE CANOPY OVERLAY FOR THE AREA IDENTIFIED IN ORDER TO PROTECT THE HISTORIC HERITAGE TREE CANOPY OF THIS OAK HAMMOCK, SUBJECT TO CERTAIN STANDARDS AND RESTRICTIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Community Development) 10. DISCUSSION AND POSSIBLE ACTION 1. Key to the City request from Mayor Lewellen 11. COMMISSION COMMENTS Agenda – Dania Beach City Commission Tuesday, November 10, 2020 - 7:00 PM Page 8 of 8 1. Commissioner Brandimarte 2. Commissioner Harris 3. Commissioner James 4. Vice-Mayor Odman 5. Mayor Lewellen 12. APPOINTMENTS 1. General Employees Pension Board 1 Commission Appointment for a term beginning June 22, 2020 and ending June 22, 2022 2. Green Advisory Board Vice-Mayor Odman - 1 appointment 13. ADMINISTRATIVE REPORTS 1. City Manager 2. City Attorney 3. City Clerk - Reminders Monday, November 16, 2020 - 6:00 p.m. Organization Meeting Tuesday, December 8, 2020 - 5:30 p.m. CRA Board Meeting Tuesday, December 8, 2020 - 7:00 p.m. City Commission Meeting 14. ADJOURNMENT