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Home My WebLink AboutRegular Meeting (112) AGENDA DANIA BEACH CITY COMMISSION REGULAR MEETING TUESDAY, OCTOBER 10, 2006 - 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 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, 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 NO. 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 LOUISE STILSON, CITY CLERK, 100 W. DANIA BEACH BLVD., DANIA BEACH,FL 33004,(954)924-3622,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. INVOCATION AND PLEDGE OF ALLEGIANCE Father Roger Holoubek, St. Maurice Catholic Church 3. ROLL CALL 4. PRESENTATIONS AND SPECIAL EVENT APPROVALS 5. PROCLAMATIONS 6. CITIZEN COMMENTS Addressing the Commission: Comments by Dania Beach citizens, or 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. Dania Beach City Commission Agenda—October 10, 2006 Page 2of8 7. CONSENT AGENDA 7.1 Minutes: Approve minutes of the Final FY 2006/2007 Budget Public Hearing of September 20, 2006 Approve minutes of the Abatement Hearing of September 21, 2006 Approve minutes of the Regular City Commission Meeting of September 26, 2006 Resolutions 7.2 RESOLUTION#2006-161 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENGAGEMENT LETTER WITH RUSS KLENET & ASSOCIATES FOR THE PROVISION OF CONSULTING SERVICES IN CONNECTION WITH THE CRA, AIRPORT EXPANSION, AND OTHER ECONOMIC DEVELOPMENT AND RELATED MATTERS OF CONCERN TO THE CITY, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.3 RESOLUTION#2006-162 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENGAGEMENT LETTER WITH TIDEWATER CONSULTING INCORPORATED FOR THE PROVISION OF CONSULTING SERVICES IN CONNECTION WITH 2O06-2007 FLORIDA LEGISLATIVE SESSION IN AN AMOUNT NOT TO EXCEED $60,000.00, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.4 RESOLUTION#2006-168 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT PERTAINING TO DANIA COVE WITH BROWARD COUNTY FOR A CHALLENGE GRANT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION#2006-169 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO AN APPROVAL OF A MAINTENANCE AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR MAINTENANCE OF A Dania Beach City Commission Agenda—October 10, 2006 Page 3 of 8 PORTION OF FEDERAL HIGHWAY (US 1); PROVIDING FOR CONFLICTS, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION#2006-170 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE DIESEL FUELS FROM BV OIL COMPANY OF FLORIDA, IN AN AMOUNT NOT TO EXCEED $85,000.00 IN FISCAL YEAR 06/07, UNDER SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE GROUP REFERENCE #06-A-098, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.7 RESOLUTION#2006-176 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO CONTRACT FOR THE PURCHASE OF SUPPLIES, SERVICES, EQUIPMENT AND MATERIALS FROM BROWARD SHERIFF'S OFFICE, DEPARTMENT OF FIRE-RESCUE, IN AN AMOUNT NOT TO EXCEED $30,000.00 FOR FISCAL YEAR 2006-2007, FOR THE PURCHASE OF MEDICAL SUPPLIES AND PHARMACEUTICALS, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.8 RESOLUTION#2006-177 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER, ON BEHALF OF THE CITY, TO ENTER INTO A LETTER OF AGREEMENT WITH ADVANCED DATA PROCESSING, INC. AND THE CITY OF DANIA BEACH, TO EXTEND THE EXISTING AGREEMENT FOR MEDICAL TRANSPORTATION BILLING SERVICES, FOR AN ADDITIONAL ONE YEAR TERM; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.9 RESOLUTION#2006-178 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE TWO POWERFLEX POWERED COTS FOR THE FIRE RESCUE DEPARTMENT AT A TOTAL COST OF $21,000.00; PROVIDING FOR PURCHASE OF EQUIPMENT FROM MATRX MEDICAL, A HENRY SCHEIN COMPANY, THE SOLE EMS DISTRIBUTOR IN THE STATE OF FLORIDA FOR THIS EQUIPMENT, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Dania Beach City Commission Agenda—October 10, 2006 Page 4 of 8 7.10 RESOLUTION#2006-179 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO CONTRACT FOR THE PURCHASE OF SUPPLIES, SERVICES, EQUIPMENT AND MATERIALS FROM MEMORIAL REGIONAL HOSPITAL IN AN AMOUNT NOT TO EXCEED $20,000.00 PER YEAR FOR FISCAL YEARS 2005-2006 AND 2006-2007, FOR THE PURCHASE OF MEDICAL SUPPLIES AND PHARMACEUTICALS, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.11 RESOLUTION#2006-180 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE SERVICES FROM CHEN AND ASSOCIATES RELATING TO DRAINAGE DEFICIENCIES IN TWO AREAS OF THE CITY; PROVIDING THAT THE COST FOR SUCH SERVICES SHALL NOT EXCEED TWENTY FOUR THOUSAND FIVE HUNDRED FIFTY DOLLARS ($24,550.00); PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.12 RESOLUTION#2006-184 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,_1N SUPPORT OF THE FLORIDA DEPARTMENT OF TRANSPORTATION AND ITS AFFILIATED REGIONAL . TRANSPORTATION AGENCIES (REGIONAL TRANSPORTATION' ORGANIZATION/REGIONAL TRANSIT AUTHORITY) TO RECOMMEND STRATEGIC INVESTMENT IN THE FLORIDA EAST COAST CORRIDOR AREA, TO EXPAND LOCAL AND REGIONAL PASSENGER SERVICE IN THAT AREA TO MEET THE GROWING TRANSIT NEEDS AND COMPLEMENT FREIGHT INDUSTRY GROWTH IN THE SOUTHEAST FLORIDA AREA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Ordinances:(Titles:to be.read by City Attorney) 7.13 ORDINANCE #2006-031 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST SUBMITTED BY BONNIE L. MISKEL OF RUDEN, MCCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. ON BEHALF OF JOHN E. SABTY, MANAGER OF WSSA FLORIDA, LLC., FOR PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF NE 7TH AVENUE BETWEEN TAYLOR ROAD AND ELLER DRIVE, IN THE CITY OF DANIA BEACH, FLORIDA, WHICH PROPERTY IS LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM IG (INDUSTRIAL Dania Beach City Commission Agenda— October 10, 2006 Page 5 of 8 GENERAL), TO IRO (INDUSTRIAL RESEARCH OFFICE), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 8. BIDS AND REQUESTS FOR PROPOSALS 8.1 RESOLUTION#2006-115 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH COASTAL CONTRACTING INC. FOR CONSTRUCTION OF THE C.W. THOMAS PARK RECREATION CENTER IN AN AMOUNT NOT TO EXCEED $1,078,175.00; PROVIDING FOR CONFLICTS; PROVIDING FOR FUNDING; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9. PUBLIC HEARINGS AND SITE PLANS 9.1 ORDINANCE #2006-030 AN ORDINANCE OF THE CITY COMMISSION. OF THE CITY OF DANIA BEACH, FLORIDA AMENDING ARTICLE 16, ENTITLED "INDUSTRIAL-RESEARCH-OFFICE (IRO) DISTRICT" OF CHAPTER 28 OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED "ZONING" TO PROVIDE REGULATIONS APPLICABLE TO U.S. BORDER PATROL FACILITIES AND RELATED SHORT TERM DETENTION FACILITIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 9.2 RESOLUTION#2006-171 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY JOHN GRENIER, FOR AN EXTENSION OF VARIANCE VA-09-04, VA-40-03 AND SITE PLAN SP-06-02, BOTH DATED APRIL 26, 2005, APPROVED BY RESOLUTION NO. 2005-049 AND RESOLUTION NO. 2005-050, RESPECTIVELY WHICH WILL OTHERWISE EXPIRE ON OCTOBER 26, 2006; PERTAINING TO PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD EAST OF THE DANIANS CONDOMINIUM CLUBHOUSE, FRONTING DANIA BEACH BOULEVARD, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Dania Beach City Commission Agenda—October 10, 2006 Page 6of8 9.3 RESOLUTION#2006-172 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY ED MATSON, FOR AN EXTENSION OF VARIANCE VA-62-04 AND SITE PLAN SP-63-04, BOTH DATED MAY 24, 2005 APPROVED BY RESOLUTION NO. 2005-087 AND RESOLUTION NO. 2005-088, RESPECTIVELY, EXPIRE ON NOVEMBER 24, 2006; PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF SW 23' TERRACE AND STATE ROAD 84, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.4 RESOLUTION#2006-173 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY WILLIAM RUIZ, PERTAINING TO THE ZONING APPENDIX TO THE CITY CODE OF ORDINANCES, SECTION 33-40 (12)(A), "REGULATION AND USE OF WATERWAYS AND FACILITIES", FOR PROPERTY LOCATED AT 974 NAUTILUS ISLE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.5 RESOLUTION#2006-174 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST BY JOHN AND DOREEN BARTLEY FOR AN EXTENSION OF VARIANCE VA-51-05, APPROVED ON NOVEMBER 8, 2005, BY RESOLUTION 2005-167, WHICH WILL OTHERWISE EXPIRE ON NOVEMBER 8, 2006 PERTAINING TO PROPERTY GENERALLY LOCATED AT 250 SW 4TH STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.6 RESOLUTION#2006-181 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY JOHN BARTLEY ON BEHALF OF "ALL SOUTH FLORIDA DEVELOPMENT, INC." AND "VICTORY HEIGHTS PROPERTIES, INC.", FOR PROPERTY GENERALLY LOCATED EAST OF PHIPPEN ROAD BETWEEN SW 2ND TERRACE AND SW 2ND PLACE, ADJACENT TO THE F.E.C. RAILROAD TRACKS, IN DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.7 RESOLUTION#2006-182 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY JOHN BARTLEY ON BEHALF OF "ALL SOUTH FLORIDA DEVELOPMENT, INC." AND "VICTORY HEIGHTS PROPERTIES, INC.", FOR PROPERTY LOCATED EAST OF PHIPPEN ROAD BETWEEN SW 2ND TERRACE AND Dania Beach City Commission Agenda—October 10, 2006 Page 7 of 8 SW 2ND PLACE, ADJACENT TO THE F.E.C. RAILROAD TRACKS, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.8 RESOLUTION#2006-183 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST FOR MODIFICATIONS TO THE SITE PLAN, APPROVED BY RESOLUTION 2003-259 ON NOVEMBER 12, 2003, SUBMITTED BY SYNALOVSKI, GUTIERREZ, ROMANIK ARCHITECTS, INC., ON BEHALF OF MAIMONIDES SHALOM ACADEMY, INC., FOR PROPERTY LOCATED AT 5300 SW 40T' AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 10. COMMISSION COMMENTS 10.1 Commissioner Bertino 10.2 Commissioner Castro 10.3 Commissioner McElyea 10.4 Vice-Mayor Anton 10.5 Mayor Flury 11. DISCUSSION AND POSSIBLE ACTION 12. APPOINTMENTS 12.1 Airport Advisory Board (15 Members—3 per Commissioner—2 Year Term) Commissioner Bertino— 1 appointment Mayor Flury— 1 appointment Commissioner McElyea— I appointment 12.2 Civil Service Board (5 Regular and 3 Alternate Members — 2 Commission appointed residents, 1 City Manager appointed resident, and 2 elected City employees; 1 Commission appointed Alternate Resident, 1 City Manager appointed Alternate Resident, and 1 Elected City Employee Alternate) City Commission— I Resident 12.3 Human Relations Board (10 Members—2 per Commissioner—2 Year Term) Commissioner Bertino— 1 appointment Mayor Flury— 1 appointment Dania Beach City Commission Agenda—October 10, 2006 Page 8 of 8 12.4 Marine Advisory Board (15 Members—3 per Commissioner—2 Year Term) Vice-Mayor Anton— 1 appointment Commissioner Castro— 1 appointment Commissioner McElyea— 1 appointment 12.5 Nuisance Abatement Board (5 Regular and 2 Alternate Members — 1 per Commissioner—Alternates by entire Commission—2 Year Term) 1 Alternate position 12.6 Parks, Recreation and Community Affairs Advisory Board (10 Members — 2 per Commissioner—2 Year Term) Mayor Flury— 1 appointment 13. ADMINISTRATIVE REPORTS 13.1 City Manager 13.2 City Attorney 13.3 City Clerk—Reminders: Tuesday, October 24, 2006— 7:00 p.m. —Regular City Commission Meeting Wednesday, November 1, 2006—5:30 p.m. —Regular CRA Board Meeting Tuesday,November 14, 2006— 7:00 p.m. —Regular City Commission Meeting Thursday, November 16, 2006—6:00 p.m. —Abatement Hearing 14. ADJOURNMENT