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HomeMy WebLinkAbout2007-01-09 Regular City Commission Meeting Agenda Packet AGENDA DANIA BEACH CITY COMMISSION REGULAR MEETING TUESDAY, JANUARY 9, 2007 - 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 THE CITY CLERK'S OFFICE, 100 W. DANIA BEACH BLVD.,DANIA BEACH, FL 33004,(954)924-3624,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. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Timothy Shellman, St. Ruth Missionary Baptist Church 3. ROLL CALL 4. PRESENTATIONS AND SPECIAL EVENT APPROVALS 4.1 Presentation by the Senior Citizens—Chickie Brandemarte 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 Dania Beach City Commission Agenda—January 9, 2007 Page 2 of 6 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. 7. CONSENT AGENDA 7.1 Minutes: Approve Minutes of the November 28,2006 Regular City Commission Meeting Approve Minutes of the December 12, 2006 Regular City Commission Meeting 7.2 Travel Requests: Travel request of Kristen Jones, Director of Parks and Recreation, to attend the Florida Recreation & Parks Association Statewide Workshop-ADA 16 Years Later, in Kissimmee Florida on February 1-2, 2007, for certification purposes. (Estimated cost $342.50- remaining balance $1,557.50) Travel request of Kenci Saintil, Aaron Guest, Jim Reid, and Javier Carvajal, of the Fire-Rescue Division, to attend the Fire-Rescue East 2007 National Invitational ALS Team Competition in Jacksonville, Florida on January 25-27, 2007. (Estimated cost $1,211 — remaining balance $15,259) Resolutions 7.3 RESOLUTION#2007-002 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE RENEWAL OF A ONE YEAR AGREEMENT WITH WEBUNITED, FOR THE PURCHASE OF SUPPLIES, SERVICES, EQUIPMENT AND MATERIALS FOR A MONTHLY FEE OF $475.00 WITH THE SOLE PROVIDER, WEBUNITED; AUTHORIZING THE AGREEMENT TO PROVIDE WIRELESS NETWORK SERVICES THROUGH A "T-l" LINE TO PROVIDE INTERNET ACCESS FOR THE CITY'S COMPUTER SYSTEMS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.4 RESOLUTION#2007-003 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING A ONE YEAR AGREEMENT WITH AN ANNUAL RENEWAL OPTION WITH CIVICPLUS, FOR THE PURCHASE OF SUPPLIES, SERVICES, EQUIPMENT AND MATERIALS FOR AN ANNUAL AMOUNT OF $8,220.00, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Dania Beach City Commission Agenda—January 9, 2007 Page 3 of 6 7.5 RESOLUTION#2007-004 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO LEASE OFFICE AND STORAGE TRAILERS FROM MOBILE MINI, INC., WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS FOR A SUM NOT TO EXCEED $23,458.00; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION #2007-005 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE EXPENDITURE OF A SUM NOT TO EXCEED $75,000.00 FOR FISCAL YEAR 2006/2007 IN CONNECTION WITH THE PREVENTIVE MAINTENANCE AND REPAIR SERVICES AGREEMENT EXISTING BETWEEN THE CITY OF HOLLYWOOD AND THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.7 RESOLUTION 92007-006 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO A LEASE AGREEMENT WITH THE FLORIDA EAST COAST RAILWAY, L.L.C. ("FEC"), FOR THE RENEWAL OF THE TERM OF A LEASE OF A SUBSURFACE PORTION OF THE FEC RIGHT-OF-WAY LOCATED BETWEEN NW 3" STREET AND NW 3RI PLACE FOR CITY USE OF A TEN INCH SEWER MAIN; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.8 RESOLUTION #2007-007 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE ROAD RESURFACING SERVICES IN AN AMOUNT NOT TO EXCEED $297,000.00 IN FISCAL YEAR 2006-2007, FROM FLORIDA HIGHWAY PRODUCTS, INC. UNDER PALM BEACH COUNTY BID 03/04-06; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.9 RESOLUTION #2007-008 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING AN AMENDMENT TO THE AGREEMENT FOR LEGAL SERVICES EXISTING BETWEEN THE CITY OF DANIA BEACH AND WEISS, SEROTA, HELFMAN, PASTORIZA, COLE & BONISKE, P.A. FOR THE PROVISION OF LEGAL SERVICES AS "SPECIAL CITY ATTORNEYS", SUCH AMENDMENT TO INCREASE THE HOURLY COMPENSATION FOR SUCH SERVICES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Dania Beach City Commission Agenda—January 9, 2007 Page 4 of 6 7.10 RESOLUTION #2007-009 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE PROFESSIONAL SERVICES IN AN AMOUNT NOT TO EXCEED $6,600.00 FROM H.T.E. INC., FOR THE PURCHASE OF THE SUNGARD H.T.E. ASP PROGRAM `BUILDING PERMITS CLICK TO GOV ONLINE SERVICES", FOR MONTHLY ACCESS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 8. BIDS AND REQUESTS FOR PROPOSALS 9. PUBLIC HEARINGS AND SITE PLANS 9.1 RESOLUTION #2006-219 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY LEE S. VICKERS, FROM CHAPTER 28, "ZONING", ARTICLE 5.36, "WALLS, FENCES AND HEDGES", FOR PROPERTY LOCATED AT 112 NW 14TH WAY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Continued from December 12, 2006) 10. COMMISSION COMMENTS 10.1 Commissioner Bertino 10.2 Commissioner Castro 10.3 Commissioner Fetscher 10.4 Vice-Mayor Anton 10.5 Mayor Flury 11. DISCUSSION AND POSSIBLE ACTION 11.1 Discussion of request by Gunster, Yoakley & Stewart, P.A., on behalf of the Aragon Group, to waive the platter requirements in order to vacate unimproved NE 5tn Avenue right-of-way between Dania Beach Boulevard and SE 2°d Street — Community Development 11.2 Discussion to reschedule Regular City Commission meeting dates of Tuesday, February 13, 2007 (Primary Election Day) and Tuesday, March 13, 2007 (General Dania Beach City Commission Agenda—January 9, 2007 Page 5 of 6 Election Day)— City Clerk 11.3 Discussion of cost for new lighting fixtures and poles for the Beach parking lot and to replace lighting on the Pier—Parks & Recreation/Public Services 11.4 Discussion of City Cemetery Mausoleum Project—City Attorney & Finance Director 11.5 Discussion of Neighborhood Improvements Project—Mayor Flury 11.6 Discussion of the Pier Management—Commissioner Castro 11.7 Discussion of moving the City Elections to November—Commissioner Castro 11.8 Discussion of generator for City Hall—Public Services Director 12. APPOINTMENTS 12.1 Airport Advisory Board (15 Members_3 per Commissioner—2 Year Term) Commissioner Bertino— 1 appointment Mayor Flury— 1 appointment Commissioner Fetscher— 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— 1 Resident 12.3 Human Relations Board (10 Members—2 per Commissioner—2 Year Term) Commissioner Bertino— 1 appointment Mayor Flury— 1 Appointment 12.4 Marine Advisory Board (15 Members—3 per Commissioner—2 Year Term) Commissioner Fetscher— 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 Dania Beach City Commission Agenda—January 9, 2007 Page 6 of 6 13. ADMINISTRATIVE REPORTS 13.1 City Manager 13.2 City Attorney 13.3 City Clerk—Reminders: Thursday, January 11, 2007— 6:00 p.m. —Traffic Control Issues Workshop Thursday, January 18, 2007— 6:00 p.m. —Abatement Hearing Tuesday, January 23, 2007—7:00 p.m. —Regular City Commission Meeting 14. ADJOURNMENT ADDENDUM TO AGENDA DANIA BEACH CITY COMMISSION REGULAR MEETING TUESDAY, JANUARY 9, 2007 - 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 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 THE CITY CLERK'S OFFICE, 100 W. DANIA BEACH BOULEVARD.,DANIA BEACH,FL 33004,(954)924-3624,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. 4. PRESENTATIONS AND SPECIAL EVENT APPROVALS 4.2 Special Event Approval for the Dania Beach Art and Antiques Festival to be held along NW I" Avenue, between Dania Beach Boulevard and NW I" Street — Clare Vickery � l MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, NOVEMBER 28, 2006 — 7:00 P.M. 1. Call to Order Mayor Flury called the meeting to order at 7:00 p.m. 2. Invocation and Pledge of Allegiance Gary Garofalo, Chaplain, American Legion Post #304, Dania Beach, gave the Invocation followed by the Pledge of Allegiance to the United States Flag. Gary Garofalo reminded everyone of the attack of Pearl Harbor on December 7, 1941, and why that day is so special for this country. He asked everybody to sing God Bless America. Mayor Flury welcomed students from South Broward High School who were attending tonight's public meeting as part of their government class. 3. Roll Call Present: Mayor: Patricia Flury Vice-Mayor: Bob Anton Commissioners: John Bertino Anne Castro Paul Fetscher City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson 4. Presentations and Special Event Approvals 4.1 Special Event request by House of God/Church of the Living God Pillar and Ground of the Truth Without Controversy, Inc. for a Health Fair to be held at 810 NW 3Td Street on Saturday, December 2, 2006 from 10:00 a.m. —3:00 p.m. Commissioner Bertino motioned to approve the Special Event request for the Douse of God/Church of the Diving God Pillar and Ground of Truth Without Controversy, Inc. Health Fair on Saturday, December 2, 2006; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 4.2 Special Event request by St. Maurice Catholic Church for the St. Maurice Country Fair to be held at 2851 Stirling Road on Thursday, November 30, 2006 through Sunday, December 3, 2006 Commissioner Castro motioned to approve the Special Event request for St. Maurice Catholic Church Country Fair on November 30, 2006 through December 3, 2006; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro . Yes Mayor Flury Yes Commissioner Fetscher Yes 4.3 Special Event request by Maisto International & East Coast Ryders for the King of the Street Big Car Show-Off and Toy Drive to be held at 1700 NW I" Street (Boomers) on Sunday, December 17, 2007 from 12:00 p.m. - 6:00 p.m. City Manager Pato was concerned that the event organizers originally expected up to 10,000 people to attend this event. Major Larry Rogers, BSO Chief, District II, and Deputy Fire Chief Mike Cassano noted they had no issues with the event. City Attorney Ansbro clarified that the approval should include the following conditions, listed on the staff report: - Verification of the musical acts that will be performing - Payment of Fire and BSO details - Obtaining an electrical permit for the generator - Providing fire extinguishers for the stage and all cooking areas It was confirmed that the applicant was agreeable to the above conditions. Commissioner Castro motioned to approve the Special Event request for Maisto International & East Coast Ryders King of the Street Big Car Show-Off and Toy Drive on December 17, 2006, with conditions; seconded by Vice-Mayor Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,November 28,2006—7:00 p.m. 5. Proclamations There were no proclamations at this meeting. 6. Citizen Comments Randi Arline, 4696 SW 351h Avenue, asked for an update on the dockside fueling issue. Gary Garofalo, 4930 Sailboat Drive, noted that people in his development have problems because their Zip Code is 33312. He asked that we attempt to get a substation in the area because of the growth that is taking place with all the new developments. Commissioner Castro advised we worked on this last year and learned the U.S. Postal Service has no money to open a new building, or lease any space. She further noted that the Zip Code situation is a country-wide problem and the Post Office has no interest in dealing with this issue. Commissioner Castro offered to try again but was not very hopeful to have the problem resolved. City Attorney Ansbro advised that Fire Chief Ken Land met with the Marine Advisory Board and has completed his research on the fueling issue. Fire Chief Land requested that the matter be included on the December 12 Commission agenda as a discussion item, and he will bring his recommendations to the City Commission. 7. Consent Agenda Items removed from Consent Agenda: #7.2, #7.4, #7.5, #7.8, #7.9, #7.12 7.1 Minutes: Approve minutes of the November 14, 2006 Regular City Commission Meeting Approve minutes of the November 16, 2006 Abatement Hearing Resolutions 7.2 RESOLUTION #2006-201 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ESTABLISHING FILING DATES AND PROVIDING FOR THE CALLING AND HOLDING OF A PRIMARY ELECTION IN THE CITY OF DANIA BEACH, FLORIDA, ON TUESDAY, FEBRUARY 13, 2007 FOR THE PURPOSE OF NOMINATING CITY COMMISSIONERS TO BE VOTED UPON AT THE GENERAL ELECTION TO BE HELD ON TUESDAY, MARCH 13,2007;PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2006-201. Commissioner Castro commented most cities in Broward County have decided to move to the November election cycle. She added that although this issue was discussed during Budget time, Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,November 28,2006—7:00 p.m. she would suggest having a Workshop or including a discussion item on a future agenda, to look into this matter again. Commissioner Castro motioned to adopt Resolution #2006-201; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 7.3 RESOLUTION #2006-203 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA PROVIDING FOR EXPIRATION DATES FOR MEMBERS OF BOARDS AND COMMITTEES APPOINTED BY THE CITY COMMISSION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.4 RESOLUTION #2006-204 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A LICENSE AGREEMENT ON BEHALF OF THE CITY WITH THE GRIFFIN CIVIC ASSOCIATION, INC. PERTAINING TO ASSOCIATION USE OF AN OFFICE LOCATED WITHIN THE P.J. MELI AQUATIC COMPLEX, SUBJECT TO CERTAIN TERMS AND CONDITIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2006-204. Mayor Flury asked if the Griffin Civic Association was agreeable to the terms of the agreement. City Attorney Ansbro responded in the affirmative. Commissioner Castro motioned to adopt Resolution #2006-204; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 7.5 RESOLUTION #2006-205 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE CITY HEALTH PLAN CONSULTANT SERVICES FROM THE RHODES INSURANCE GROUP, INC.;PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2006-205. Commissioner Bertino confirmed with City Attorney Ansbro that payment to the Rhodes Insurance Group, Inc. would be retroactive to October 1, 2006. Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,November 28,2006—7:00 p.m. City Manager Pato clarified that this matter was approved during the Budget process and it was only the paperwork that needed to be done. Commissioner Bertino suggested going out to bid for this type of service in the future. Commissioner Bertino motioned to adopt Resolution #2006-205; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 7.6 RESOLUTION #2006-206 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE "AMENDMENT I" TO THE LOAN AGREEMENT EXISTING BETWEEN THE CITY AND THE DEPARTMENT OF ENVIRONMENTAL PROTECTION OF THE STATE OF FLORIDA (AGREEMENT NUMBER SW 79102P); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.7 RESOLUTION #2006-210 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE "AMENDMENT I" TO THE LOAN AGREEMENT EXISTING BETWEEN THE CITY AND THE DEPARTMENT OF ENVIRONMENTAL PROTECTION OF THE STATE OF FLORIDA (AGREEMENT NUMBER WW79103P); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.8 RESOLUTION #2006-212 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE A VEHICLE FOR THE CODE COMPLIANCE DIVISION IN THE AMOUNT OF $15,502.00 FROM DUVAL FORD,UNDER THE FLORIDA SHERIFF'S OFFICE CONTRACT, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR FUNDING, PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2006-212. Commissioner Bertino inquired if staff researched the possibility of purchasing a 2006 vehicle for considerably less money. City Manager Pato indicated that he personally checked into it, but it is not cheaper than the State Contract. Commissioner Bertino noted that although this particular vehicle gets very good gas mileage, we should set the bar for other people and look into alternative fuels, in order to stop using gasoline vehicles. Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday,November 28,2006—7:00 p.m. Commissioner Bertino motioned to adopt Resolution #2006-212; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 7.9 RESOLUTION 42006-211 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPOINTING MITCH KRAFT, ESQ. TO ACT AS A CODE ENFORCEMENT SPECIAL MAGISTRATE FOR MUNICIPAL CODE ENFORCEMENT PROCEEDINGS; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2006-211. Mayor Flury asked if this was a request for a new magistrate for Code Enforcement proceedings. City Attorney Ansbro advised we currently use two Special Magistrates, however, one of them would have a conflict with an attorney in a case where we would enforce our Adult Entertainment law. He further noted that Attorney Kraft has been the City Attorney for Tamarac for nearly twenty years and has been highly recommended. Commissioner Fetscher noted Attorney Kraft's wife is his boss. He confirmed with City Attorney Ansbro there would not be a conflict of interest under State Law. Vice-Mayor Anton motioned to adopt Resolution #2006-211; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes Ordinances (Titles read by City Attorney) 7.10 ORDINANCE #2006-041 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA CREATING ARTICLE XII TO BE ENTITLED "STORM SHUTTERS REGULATIONS" FOR PLACEMENT IN CHAPTER 8, "BUILDINGS", OF THE CITY CODE OF ORDINANCES; PRESCRIBING REQUIREMENTS FOR STORM SHUTTER PLACEMENT AND REMOVAL TO BE APPLICABLE TO ALL STRUCTURES CERTIFIED FOR OCCUPANCY IN THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.11 ORDINANCE #2006-042 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA AMENDING SECTION 2-6 OF THE CITY CODE OF ORDINANCES, WHICH SECTION IS ENTITLED "MILITARY LEAVE OF ABSENCE FOR OFFICERS AND EMPLOYEES", TO PROVIDE FOR COMPENSATION AND HEALTH INSURANCE FOR PERSONS ON ACTIVE MILITARY DUTY, SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,November 28,2006—7:00 p.m. SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.12 ORDINANCE 42006-043 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE "HARBOUR TOWNE MARINA,PLAT NO. 2"PLAT, SUCH PROPERTY BEING GENERALLY LOCATED AT 801 NE 3RI STREET, IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF THE "HARBOUR TOWNE MARINA, PLAT NO. 2" PLAT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the title of Ordinance #2006-043. Mayor Flury commented that two residents from the northeast section called her about this "rack and stack" at the Harbour Towne Marina. She noted she pulled it so everyone would know it was on the agenda for first reading. Mayor Flury added that people would have the opportunity to participate in the public hearing when the Ordinance is presented for second reading. City Attorney Ansbro clarified for the record that this is a plat approval, which the City would have to approve, unless there is an impact on traffic or any sort of injustice to the public. He added that the site plan would be presented at a later date as a public hearing. Commissioner Bertino motioned to adopt Ordinance #2006-043, on first reading; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 7.13 ORDINANCE 92006-044 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING EXECUTION OF A THIRD AMENDMENT TO A LEASE AGREEMENT EXISTING BETWEEN THE CITY AND DANIA BEACH GRILL, INC.,COVERING THE PROPERTY KNOWN AS THE DANIA BEACH GRILL AND MORE PARTICULARLY DESCRIBED IN THE LEASE; AUTHORIZING THE EXECUTION OF THE AMENDMENT TO THE LEASE BY THE APPROPRIATE CITY OFFICIALS TO PROVIDE FOR DELETION OF THE ANNUAL RENT ADJUSTMENT UNTIL THE END OF THE CURRENT LEASE TERM (FEBRUARY 15, 2009); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Vice-Mayor Anton motioned to approve the Consent Agenda, with the exception of Items #7.2, 47.4, #7.5, #7:8, #7.9, and #7.12; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,November 28,2006—7:00 p.m. 8. Bids and Requests for Proposals There were no proposals at this meeting. 9. Public Hearings and Site Plans 9.1 ORDINANCE #2006-038 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA CREATING SECTION 27-37, ENTITLED "PERMANENT RESTRICTIONS FOR LAWN AND LANDSCAPING IRRIGATION"; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2006-038. He explained that in order for the City to renew its Water Use Permit with the South Florida Water Management District certain irrigation restrictions need to be implemented. Mayor Flury opened the Public Hearing. Pat Tyra, 2912 SW 54th Street, Estates of Fort Lauderdale, asked how the City would notify people with private wells. Dominic Orlando, Public Services Director, advised these restrictions do not apply to private wells. Seeing as there was no one else to speak in favor or opposition, Mayor Flury closed the Public Hearing. Commissioner Bertino motioned to adopt Ordinance #2006-038, on second reading; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 9.2 ORDINANCE #2006-039 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES, CHAPTER 28 "ZONING," ARTICLE 28 "SIGNS", TO PROVIDE THAT TEMPORARY POLITICAL SIGNS SHALL NOT BE POSTED PRIOR TO THE DATE OF QUALIFICATION OF THE CANDIDATE OR BALLOT ISSUE TO WHICH THEY PERTAIN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,November 28,2006—7:00 p.m. City Attorney Ansbro read the title of Ordinance 42006-039. He explained that by implementing this law, candidates will not be allowed to post temporary political signs prior to the date of qualification of the candidate identified in such signs. City Attorney Ansbro further noted that for other ballot matters, sign displays can begin after the Office of the Supervisor of Elections receives the ballot matter wording for printing on the ballot for the applicable election. Mayor Flury opened the Public Hearing. Tim McLeod, 261 SW 4th Street, a candidate for City Commission, questioned if this Ordinance applied to any political signs. City Attorney Ansbro advised this law applies to any political signs. He clarified for Mr. McLeod that it does not apply to magnetic car signs. Seeing as there was no one else to speak in favor or opposition, Mayor Flury closed the Public Hearing. Vice-Mayor Anton commented he is also a candidate for re-election. He confirmed with City Attorney Ansbro that he could vote on this item without a conflict. Commissioner Castro motioned to adopt Ordinance #2006-039, on second reading; seconded by Commissioner Fetscher. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 9.3 ORDINANCE #2006-040 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA PERTAINING TO WATER AND SEWER SYSTEM IMPACT FEES; REPEALING ARTICLE VII, "WATER AND SEWER IMPACT FEES" OF CHAPTER 27 ("WATER AND SEWERS") OF THE CITY CODE OF ORDINANCES, CONSISTING OF SECTIONS 27-201 TO 27-207, INCLUSIVE; ESTABLISHING A NEW ARTICLE 7 TO BE ENTITLED "WATER SYSTEM AND SEWER SYSTEM IMPACT FEES"; PROVIDING FOR DEFINITIONS, RULES OF CONSTRUCTION AND FINDINGS, PROVIDING FOR IMPOSITION OF IMPACT FEES; PROVIDING FOR PAYMENT AND USE OF PROCEEDS; ALLOWING AN ALTERNATIVE FEE .CALCULATION; PROVIDING EXEMPTIONS; PROVIDING FOR COLLECTION OF IMPACT FEES UPON CHANGES IN SIZE AND USE; PROVIDING FOR A DEVELOPER CONTRIBUTION CREDIT; PROVIDING FOR PAYMENT AND COLLECTION OF IMPACT FEES; PROVIDING FOR REVIEW HEARINGS; REQUIRING ANNUAL REVIEW; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2006-040. He advised this Ordinance would replace the entire Water and Sewer System Impact Fees, which have not been updated since the late 1980's. He noted a study was conducted to support the imposition of the new fees to determine the amount we can legally charge. City Attorney Ansbro also mentioned that this Ordinance would take effect 90 days after adoption, to give developers time to catch up and deal Minutes of Regular Meeting 9 _ Dania Beach City Commission Tuesday,November 28,2006—7:00 p.m. with the new fees and incorporate them into their construction costs. In the meantime, staff will be presenting the Water and Sewer Extension Policy which relates to this law. City Attorney Ansbro clarified for Commissioner Bertino that these costs do not apply to the western part of the City where they are connected to the County water system. Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Commissioner Bertino motioned to adopt Ordinance #2006-040, on second reading; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 9.4 ORDINANCE #2006-034 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST SUBMITTED BY WILLIAM B. BIGGER, III(RZ-67-06), FOR PROPERTY LOCATED AT 2501 STATE ROAD 84, 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 C-3 (COMMERCIAL), TO MA-I (MARINA MILE), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2006-034, Ordinance #2006-035, Ordinance #2006-036, and Ordinance #2006-037, because they all pertained to the same matter. Laurence Leeds, Director of Community Development, showed the location of the properties involved. He further noted that the three properties to the north are requesting truck rental and leasing facilities, the fourth property located on the south side of Ravenswood Road would like to engage in the sale of late model used boats. Director Leeds added that the Planning and Zoning Board recommended approval of all four of the rezoning changes. Mayor Flury opened the Public Hearing. Margaret Croxton, on behalf of the applicants, noted that Atlantic Truck Center has been there for about ten years and has run out of space, and this request is to allow them to continue to do most of the things they used to do. Mr. Verkey sells used boats on the internet to Venezuela. She clarified they made a scriveners error in the Marina Mile District Zoning that needs to come back to add truck sales and leasing. Seeing as there was no one else to speak in favor or opposition, Mayor Flury closed the Public Hearing. Commissioner Bertino motioned to adopt Ordinance #2006-034, on second reading; seconded by Vice-Mayor Anton. The motion carried on the following 5-0 Roll Call vote: Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,November 28,2006—7:00 p.m. Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 9.5 ORDINANCE 92006-035 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST SUBMITTED BY JOHN A VERKEY (RZ-66-06), FOR PROPERTY LOCATED AT 2200 STATE ROAD 84, 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 IROM (INDUSTRIAL RESEARCH OFFICE MARINE), TO MA-1 (MARINA MILE), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) Vice-Mayor Anton motioned to adopt Ordinance #2006-035, on second reading; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 9.6 ORDINANCE #2006-036 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST SUBMITTED BY JOSEPH J. RUBANO (RZ-64-06), FOR PROPERTY LOCATED AT 2501 STATE ROAD 84, 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 C-3 (COMMERCIAL), TO MA-1 (MARINA MILE), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) Vice-Mayor Anton motioned to adopt Ordinance #2006-036, on second reading; seconded by Commissioner Fetscher. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 9.7 ORDINANCE #2006-03.7 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST SUBMITTED BY JOSEPH J. RUBANO (RZ-65-06), FOR PROPERTY LOCATED AT 2555 AND 2565 STATE ROAD 84, 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 IROM (INDUSTRIAL RESEARCH OFFICE MARINE), TO MA-1 (MARINA MILE), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday,November 28,2006—7:00 p.m. Commissioner Bertino motioned to adopt Ordinance #2006-037, on second reading; seconded by Vice-Mayor Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes City Attorney Ansbro advised the remaining items were quasi-judicial matters, and swore-in those who would speak. He asked the Commission to disclose any communication they had on these matters. 9.8 RESOLUTION #2006-195 A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY SHERYL ZVI, LAND PLANNER WITH CONSULTECH DEVELOPMENT SERVICES, INC., ON BEHALF OF REGINA NOVAES PERIM REPRESENTING VENEZIA VILLAS, LLC, FROM CHAPTER 28, "ZONING", FOR PROPERTY LOCATED AT 4432 SW 52No STREET, DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (Continued from November 14,2006) City Attorney Ansbro read the titles of Resolution#2006-195 and Resolution#2006-197 because they both pertained to the same matter. Corinne Church, Principal City Planner, advised the applicant is requesting a variance to allow a 22 feet driveway where Code requires 24 feet, in order to maintain the required landscaping buffer. She further noted they are also requesting a waiver to allow 38% pervious area, where Code requires 40%. The Site Plan request is to allow the construction of 8 townhomes, however, some staff comments need to be addressed. The Planning & Zoning Board recommended approval with staff conditions. Commissioner Fetscher clarified with Ms. Church that the pervious area would be met if the parking spaces were eliminated. Discussion followed between Commissioner Bertino and Director Leeds regarding the possibility of requesting the applicant to use porous concrete. Director Leeds advised that porous concrete was used approximately 5 years ago at the Super 8 Motel, and he is not certain whether it is currently available. He suggested making it a condition, but it would still need to be evaluated by the Public Services Director, to confirm the drainage requirement is met. Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Vice-Mayor Anton questioned if any of the adjacent neighbors objected to the request. Director Leeds responded a neighbor requested the wall to be 6 feet in height, instead of 4 feet in height and the developer agreed to increase it to accommodate the neighbor. Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,November 28,2006—7:00 p.m. Elizabeth Camargo, architect for the project, commented that the 2% pervious area will be addressed with the storm drainage calculations. She noted that not knowing the strength of the concrete, she would be concerned with the maintenance of the porous cement, because the garbage collection trucks would need to go into the property. Director Leeds indicated the porous concrete could be placed in the guest parking spaces near the entrance. Commissioner Castro motioned to adopt Resolution #2006-195, with staff conditions, and that the applicant provide porous concrete paving for the 10 guest parking spaces, subject to determination of availability by the Building Official, in addition to providing drainage improvements to compensate for the 2% reduction in pervious area; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 9.9 RESOLUTION 42006-197 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE PROPOSED SITE PLAN REQUEST SUBMITTED BY SHERYL ZVI, LAND PLANNER WITH CONSULTECH DEVELOPMENT SERVICES, INC., ON BEHALF OF REGINA NOVAES PERIM REPRESENTING VENEZIA VILLAS, LLC, FOR PROPERTY LOCATED AT 4432 SW 52"1 STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (Continued from November 14,2006) Commissioner Castro motioned to adopt Resolution #2006-197, with staff conditions, and that the applicant provide porous concrete paving for the 10 guest parking spaces, subject to determination of availability by the Building Official, in addition to providing drainage improvements to compensate for the 2% reduction in pervious area; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 9.10 RESOLUTION #2006-207 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST FOR AN EXTENSION OF THE EXPIRATION DATE FOR SITE PLAN SP-41-05,APPROVED BY RESOLUTION 2005- 180 ON NOVEMBER 22, 2005, SUBMITTED BY JODY OBERTHOLTZER, REPRESENTING WHB HOLDINGS, LLC., FOR PROPERTY LOCATED AT 3013 RAVENSWOOD ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2006-207. Corinne Church, Principal City Planner, explained the location of the property and noted the request is for an application previously approved on November 22, 2005. The Site Plan Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday,November 28,2006—7:00 p.m. application is to allow the construction of a warehouse facility, and today's request is for a four month extension. She advised the applicant indicated he had difficulty processing permits at the County level. Laurence Leeds, Community Development Director, noted that staff recommended approval of the extension request, and added that the applicant has already submitted construction documents to the City. Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Commissioner Castro motioned to adopt Resolution #2006-207; seconded by Vice-Mayor Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 9.11 RESOLUTION #2006-208 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE APPEAL REQUEST PERTAINING TO THE LOCATION OF A BULK CONTAINER ON RESIDENTIAL PROPERTY, SUBMITTED BY CARR RESIDENTIAL, LLC, FOR PROPERTY LOCATED AT 3901 GRIFFIN ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the titles of Resolution#2006-208 and Resolution #2006-209 because they both pertain to the same matter. Laurence Leeds, Community Development Director, showed the location of the property and advised they are requesting a variance and site plan modification. He further explained they would like to eliminate two dumpsters from the original six requested on the previously approved site plan, and to have three-times per week garbage pickup. Director Leeds indicated staff would like to see documentation confirming that the dumpsters would be large enough to accommodate two-times per week pickup. Bonnie Miskel, Ruden McClosky, attorney for the applicant, noted they do not have a problem with four dumpsters of sufficient size. She provided a letter from All Service Refuse confirming they could service the proposed site plan and dumpsters/enclosure design, and that the dumpsters are sufficient based on twice per week pickup for the development. Attorney Miskel agreed to Director Leeds request to receive confirmation from All Service Refuse as to the size of the dumpsters they require. Director Leeds clarified for Commissioner Fetscher that larger enclosures could be provided on the site to accommodate larger dumpsters. Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday,November 28,2006—7:00 p.m. Attorney Miskel explained the developer changed the dumpsters' location to provide more green area and to have them centrally located. She further noted they will insure that larger dumpsters and enclosures are provided prior to the issuance of a building permit. Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Commissioner Castro motioned to adopt Resolution 42006-208, with conditions; seconded by Commissioner Fetscher. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 9.12 RESOLUTION #2006-209 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST FOR MODIFICATIONS TO A SITE PLAN, APPROVED BY RESOLUTION 2006-127 ON JULY 25, 2006, SUBMITTED BY CARR RESIDENTIAL, LLC, FOR PROPERTY LOCATED AT 3901 GRIFFIN ROAD, DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Commissioner Castro motioned to adopt Resolution #2006-209, with conditions; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 10. Commission Comments 10.1 Commissioner Bertino Commissioner Bertino suggested creating an Ordinance requiring all new residential structures to have Impact windows. Mayor Flury commented she is not in favor of this proposal because Impact windows will crack and people will still use hurricane shutters to protect such expensive windows. City Attorney Ansbro noted the Florida Building Code requires new homes to have hurricane shutters. Laurence Leeds, Community Development Director, indicated the Building Code allows either shutters or Impact windows. He added that Impact windows would crack and people might not replace them if they crack because they are very expensive. Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday,November 28,2006—7:00 p.m. Commissioner Bertino expressed concern on the safety of the people in case of a fire, because many of them would not take down their shutters. Commissioner Bertino commented on the high insurance costs. He requested the City adopt a Resolution requesting the Governor to call a special session of the Legislature to review the previously approved legislation on insurance costs. It was the consensus of the Commission to send a letter with the above request, to the newly appointed Governor. 10.2 Commissioner Castro Commissioner Castro commended Joe Husosky, of the Information Systems Department, for adding the Enterprise Zone page to the City Website in a timely and professional manner. She also thanked Kathy VanNoorden, who has taken the lead on this program and has done a wonderful job by completing the Annual Report. Commissioner Castro would like the City Manager to make a brief presentation on the City Hall Expansion project, so everyone can understand the plan. City Manager Pato agreed to-have a presentation at a future Commission meeting. It was agreed to add this item under Discussion at the January Workshop Meeting on citywide traffic issues. 10.3 Commissioner Fetscher Commissioner Fetscher thanked the students from South Broward High School for attending tonight's meeting and for showing interest in government affairs. 10.4 Vice-Mayor Anton Vice-Mayor Anton commented Broward County has again postponed the EIS and the Master Plan, probably until April, 2007. He asked everyone to watch for the Broward County Aviation Department Agendas for the month of April. Vice-Mayor Anton suggested people access Broward County's website: www.broward.org, and the Melaleuca Homeowners Association Website, for more information. 10.5 Mayor Flury Mayor Flury noted she attended the Opening Reception for the Hallandale Casino and commented that her worst fears were realized. She further mentioned that traffic was horrendous. Mayor Flury suggested having a Workshop in January to discuss the Dania Jai Alai Casino and citywide traffic issues. She expressed her concern on the fact that it will take the City at least three years to address the neighborhood improvements, however, Boyd Gaming will build a Casino in 18 months. Minutes of Regular Meeting 16 Dania Beach City Commission Tuesday,November 28,2006—7:00 p.m. Commissioner Castro thought Boyd Gaming would be paying for some of the traffic calming devices needed. She asked City Manager Pato to find out from Boyd Gaming if this information was correct. Mayor Flury confirmed with City Manager Pato that the petition submitted by Le Beau Acres neighbors had been taken care of. Mayor Flury asked Mary McDonald, Human Resources/Risk Management Director, if she was conducting exit interviews, or if any action was being taken to minimize the number of employees leaving the City. Director McDonald advised they have been conducting exit interviews for the past few years and she is in the process of preparing a report for the Commission. She indicated she is doing the report by divisions, in order to find out if there are any patterns on the employee turnover. Mayor Flury was pleased to see the preliminary report from the Auditors. She asked the rest of the Commissioners to contact Director Varney if they would like to meet with the Auditors privately. Commissioner Castro questioned if the recently passed Constitutional Amendment extending the Homestead Exemption to Senior Citizens had impacted our revenues. Mayor Flury noted she received a letter from the Department of Justice regarding the Dismas House contract which will soon expire. She suggested staff keep a close eye on this matter. 11. Discussion and Possible Action 11.1 Discussion of Dania Beach Marina—City Manager Pato City Attorney Ansbro commented staff is still waiting to hear from FAU to commit, in writing, to the statement made to the City Manager and Vice-Mayor Anton back in July of this year, which would allow the City to take over the Marina and have complete control. Vice-Mayor Anton suggested the City send a letter to Mr. Brogan letting him know that staff is not following through on what was agreed upon months ago. City Manager Pato referred to the proposal received from Westrec Marina Management, previously distributed to the Commission, regarding the possibilities of having someone from the private sector run the Marina, as opposed to the original plan to have an in-house Dock Master. He asked for Commission direction to decide the best course of action. Commissioner Castro thought the offer was very intriguing, but was not sure this would be the best solution. She would like to see comparisons and the possibility of looking at other options. Commissioner Castro would also like to make sure that FAU keeps their promise on the property. Minutes of Regular Meeting 17 Dania Beach City Commission Tuesday,November 28,2006—7:00 p.m. Commissioner Bertino felt that specialized people should handle the Marina. He noted that in order to run the Marina properly, we need good professional people and therefore we need to go out for competitive bids. Commissioner Bertino pointed out that once the bidding process is completed we would be able to decide whether to run the Marina ourselves. Vice-Mayor Anton agreed with Commissioner Castro and Commissioner Bertino, and noted that if we are not committed to spend money to bring the Marina up to a first-class facility then we need to decide on the best option. City Manager Pato understood that he is to hire the Dock Master, and also investigate the options and analyze the costs. Mayor Flury clarified that the City Manager is to give the Commission the financial information needed to make a decision, both revenue and expenses. City Manager Pato commented that during the Budget process, the Commission discussed a number of gradual improvements over the next few years for the dock because the Marina is in an advanced state of decay. He indicated the safety items have been addressed as budget permits. He once again clarified that his direction is to stay the course; hire the Dock Master; get projected revenues; and bring the Commission up to date. Mayor Flury noted the Vice-Mayor wanted a Cost Benefit Analysis using the Westrec proposal as an example, then go out with Letters of Interest. City Manager Pato noted it would take a couple of months, but he would continue to move forward with the present plan. 11.2 Discussion of the recommendations made by the Neighborhood Improvements Advisory Board Mayor Flury commented that the calendar presented at the last meeting is unacceptable, and an embarrassment to her personally. She challenged City Administration to reduce the timeframe for the projects. She questioned if we could award a contract to multiple companies to design the projects. Dominic Orlando, Director of Public Services, responded it would take the same amount of time. An option would be to split up the work with small design packages and contract out the work, but this would only. save a few months. He noted we are going out to bid for engineering services this month. Mayor Flury would like to see the time schedule reduced substantially. She requested a new timeline schedule in three months. She also requested that the bids be advertised in the Miami Herald because we always get the same companies by advertising in the Sun Sentinel. She stated we will get more bidders by expanding the advertising. Minutes of Regular Meeting 18 Dania Beach City Commission Tuesday,November 28,2006—7:00 p.m. Patricia Varney, Director of Finance, noted that we also currently post bids on the City Website as well as Bid Banks on the internet. Commissioner Castro noted that the City has had a number of CPTED Studies. She questioned if we could direct the City Manager and Finance Director to establish long-term Capital Funding Projects for these items. City Manager Pato responded he has been discussing a 5-year plan with staff for neighborhood improvements. He would like to bring this as a discussion item at a future workshop. Mayor Flury noted that neighborhood improvements is the top priority and is not receiving the proper attention. 11.3 Discussion of Neighborhood Redevelopment Commissioner Castro noted $100,000 was budgeted for a Neighborhood Redevelopment Plan and the City Manager asked her for direction. She indicated the areas involved were College Gardens, the Heights,the Triangle, and Sun Garden Isles,because these areas had an Urban Infill Study completed. She noted the work to be completed would be to develop a plan and then the rezoning, such as was done in the CRA district. Mayor Flury clarified that Commissioner Castro was proposing a plan of action that may, or may not, include zoning changes. Commissioner Castro clarified that her request is to let the City Manager know he can bring the parties together and then contact whoever he needs to move the process forward. The Commission concurred with the request. 12. Appointments There were no appointments at this meeting. 13. Administrative Reports 13.1 City Manager City Manager Pato reminded everyone there would only be one Commission meeting in December. As a follow-up to Commissioner Castro's issue on redevelopment, he noted he would like to contact people in January to see if their concerns remain the same. 13.2 City Attorney City Attorney Ansbro had no further comments. Minutes of Regular Meeting 19 Dania Beach City Commission Tuesday,November 28,2006—7:00 p.m. 13.3 City Clerk—Reminders Wednesday, December 6, 2006— 5:30 p.m. —Regular CRA Board Meeting Tuesday, December 12, 2006— 7:00 p.m. —Regular City Commission Meeting 14. Adjournment Mayor Flury adjourned the meeting at 9:36 p.m. ATTEST: CITY OF DANIA BEACH LOUISE STILSON, CMC PATRICIA FLURY CITY CLERK MAYOR-COMMISSIONER Minutes of Regular Meeting 20 Dania Beach City Commission Tuesday,November 28,2006—7:00 p.m. � o I MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, DECEMBER 12, 2006 - 7:00 P.M. 1. Call to Order Mayor Flury called the meeting to order at 7:00 p.m. 2. Invocation and Pledge of Allegiance Father Roger Holoubek, St. Maurice Catholic Church, gave the Invocation followed by the Pledge of Allegiance to the United States Flag. 3. Roll Call Present: Mayor: Patricia Flury Vice-Mayor: Bob Anton Commissioners: John Bertino Anne Castro Paul Fetscher City Manager: Ivan Pato City Attorney: Thomas Ansbro Deputy City Clerk: Miriam Nasser 4. Presentations and Special Event Approvals 4.1 Special Event request by Cynthia Reese for Dr. Martin Luther King, Jr., Parade and Celebration to be held at C.W. Thomas Park on January 15, 2007 from 10:00 a.m. to 6:00 p.m. Mayor Flury confirmed with Major Larry Rogers, BSO Chief, District II, and Fire Chief Ken Land that there were no issues with this event. Commissioner Castro motioned to approve the Special Event for Dr. Martin Luther King, Jr., Parade and Celebration on January 15, 2007; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 4.2 Employee Anniversary Recognition(Mary McDonald, Human Resources/Risk Management Director) Mary McDonald, Director of Human Resources/Risk Management, explained in October, 2006, the City implemented a Service Recognition Program to recognize our employees for the years of service to the City. She read the names of City employees who celebrated their first and fifth anniversaries in October and December, respectively and congratulated them for their contributions to the City. Item #1 L I was heard after Item #4.2 5. Proclamations There were no proclamations at this meeting. 6. Citizen Comments Captain Mary Schmidt, 4740 SW 43`d Avenue, spoke about the Fuel Ordinance. She asked the Commission to make a wise and safe decision for the community. She wished everyone Happy Holidays. Ralph Eddy, 150 SE 3`d Avenue, was concerned about the traffic problems at SE 2nd Street and SE 3`d Avenue. He wanted to put it on the record that with the upcoming redevelopment of Dania Jai Alai, traffic in the southeast section will get worse. He distributed a petition from the neighbors in his area. Mayor Flury noted on Thursday, January 11, 2007 at 6:00 p.m. there will be a public Workshop to discuss the traffic situation within the City. George Jason, 4549 SW 37t" Avenue, thanked his friends for their concerns and prayers while he was in the hospital last week. He wished everyone a Happy Holiday Season. Pat Rafacz, 610 Trafalgar Court, on behalf of the Human Relations Board, requested a review of the status of the City's Cemetery Mausoleum project. She commented that in 2005 Calvin Giordano and Associates conducted a feasibility study of both cemeteries and determined that it was possible to move ahead with the project to ensure there would be available space in the future. The study showed that the Westlawn Cemetery is filled to 90% of its capacity and the Dania Memorial Park now exceeds 50% of its capacity. Ms. Rafacz noted that the study also mentioned that the construction of the mausoleum would provide six times the capacity of individual plots. She indicated the cost to construct the mausoleum was estimated at $625,000 in 2005. In order to move forward with the project, the Human Relations Board requested the Commission: 1) Immediately vote to place a moratorium on offering plots in the proposed sections of each Cemetery where the mausoleums might be constructed; and 2) Direct the Human Relations Board regarding funding for the project. Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,December 12,2006—7:00 p.m. Mayor Flury requested this item to be placed on the January 9, 2007 Commission Agenda, under Discussion. She would like the Finance and Legal Departments to review the information regarding the amount of$685,000 currently in a Trust Fund. Commissioner.Castro thought we should look at alternative funding instead of using the funds currently available which would be needed for future maintenance of the Cemeteries. Commissioner Castro motioned to put a moratorium on the sale of any plots in the proposed sections of each Cemetery where the mausoleums might be constructed; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes Pat Tyra, 2912 SW 54th Street, Estates of Fort Lauderdale, noted they are a voting site for County and City Elections, and she would like to know the timeframe and legal ramifications for the City Commission to decide to move the Municipal Elections to November. She would like this item on a future City Commission agenda. Mayor Flury indicated this matter needed to be discussed at length, since it would require a change to the City Charter. She advised this item would be placed on a future Agenda for discussion. 7. Consent Agenda 7.1 Travel Requests Travel request of Nicki Satterfield, Assistant Finance Director, to attend the National Government Finance Officers' Association Annual Conference in Anaheim, California June 10— 13, 2007. (Estimated cost $1,695- remaining balance $7,004) Resolutions 7.2 RESOLUTION #2006-213 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE STATE REVOLVING FUND LOAN PROGRAM; MAKING FINDINGS; AUTHORIZING SUBMISSION OF LOAN APPLICATION AMENDMENT NO. 1 FOR $1,176,345 FOR CONSTRUCTION ACTIVITIES ASSOCIATED WITH A NEW WATER TANK FOR THE CITY AT THE WATER PLANT SITE AND RELATED ANCILLARY CONSTRUCTION; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE LOAN AGREEMENT; ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCES; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,December 12,2006—7:00 p.m. 7.3 RESOLUTION #2006-223 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE STATE REVOLVING FUND LOAN PROGRAM; MAKING FINDINGS; AUTHORIZING THE SUBMISSION OF A LOAN APPLICATION AMENDMENT NO. 1 FOR THE AMOUNT OF $204,405.00 FOR CONSTRUCTION ACTIVITIES ASSOCIATED WITH CONSTRUCTION OF THE WATER MAIN LOOPING PHASE I — WATER PLANT TO DOWNTOWN WATER MAIN FOR THE CITY WATER SYSTEM; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE LOAN AGREEMENT;ESTABLISHING PLEDGED REVENUES.; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.4 RESOLUTION 42006-216 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR A PORTION OF FEDERAL HIGHWAY (U.S. 1), ALSO KNOWN AS STATE ROAD 5, WHICH PORTION EXTENDS FROM SHERIDAN STREET NORTH TO N.E. 3RD STREET, WHICH PORTION IS LOCATED WITHIN THE CITY LIMITS OF THE CITY OF DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION #2006-217 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR A PORTION OF STATE ROAD 84(MARINA MILE) WITHIN THE CITY LIMITS OF THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION #2006-221 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE A VEHICLE FOR THE PUBLIC SERVICES DEPARTMENT IN THE AMOUNT OF $23,219.00 FROM DUVAL FORD, UNDER THE FLORIDA SHERIFF'S OFFICE CONTRACT, WITHOUT COMPETITIVE BIDDING AND WITHOUT.ADVERTISEMENT FOR BIDS; PROVIDING FOR FUNDING, PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.7 RESOLUTION #2006-222 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE A VEHICLE (AN AT37-G AERIAL DEVICE "BUCKET TRUCK" VEHICLE) FOR THE PUBLIC SERVICES DEPARTMENT IN THE AMOUNT OF $78,086.00 FROM ALTEC, UNDER A FEDERAL G.S.A. CONTRACT, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR FUNDING, PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Vice-Mayor Anton motioned to approve the Consent Agenda; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,December 12,2006—7:00 p.m. 8. Bids and Requests for Proposals 8.1 RESOLUTION #2006-227 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH FRANK HILL CONSTRUCTION, INC. FOR CONSTRUCTION OF THE DANIA BEACH MARINA RESTROOMS IN AN AMOUNT NOT TO EXCEED $218,700.00; PROVIDING FOR CONFLICTS; PROVIDING FOR FUNDING, FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2006-227. Commissioner Bertino motioned to adopt Resolution #2006-227; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes Addendum 8.2 RESOLUTION #2006-228 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE AWARD OF A CONTRACT FOR WATER MAIN RELOCATION ACTIVITIES USING STATE REVOLVING FUNDS; AUTHORIZING THE AWARD OF BID TO CARIBE UTILITIES OF FLORIDA, INC. FOR CONSTRUCTION ACTIVITES ASSOCIATED WITH CONSTRUCTION OF THE WATER MAIN REPLACEMENT- STIRLING ROAD FOR THE CITY WATER SYSTEM IN THE AMOUNT OF $91,090.00; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE AGREEMENT; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2006-228. Commissioner Bertino confirmed with Fred Bloetscher that Caribe Utilities of Florida, Inc, was the lowest bidder for this project. Mayor Flury clarified for the record that the work being done on Stirling Road and other areas within the City, was part of the improvements to our infrastructure program. She further noted that work would probably continue through next year. Commissioner Castro motioned to adopt Resolution #2006-228; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday, December 12,2006—7:00 p.m. 9. Public Hearings and Site Plans 9.1 ORDINANCE 92006-041 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA CREATING ARTICLE XII TO BE ENTITLED "STORM SHUTTERS REGULATIONS" FOR PLACEMENT IN CHAPTER 8, "BUILDINGS", OF THE CITY CODE OF ORDINANCES; PRESCRIBING REQUIREMENTS FOR STORM SHUTTER PLACEMENT AND REMOVAL TO BE APPLICABLE TO ALL , STRUCTURES CERTIFIED FOR OCCUPANCY IN THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2006-041. City Attorney Ansbro explained this Ordinance was modeled after several cities in Broward County to address the placement of shutters to better the appearance of the City. He further indicated that it is the intent of this law to stop the perpetual remaining of the shutters. Laurence Leeds, Director of Community Development, advised this ordinance was mainly designed for residential and single family homes. He commented that some businesses along Federal Highway leave them up for several months. Director Leeds further clarified, based on the draft Ordinance, that businesses would have a 30-day period each year to close their shutters, not including hurricane season, and the rest of the year the shutters would have to stay opened with the exception of nighttime hours. Mayor Flury opened the Public Hearing. Bob Adams, 330 SE 3`d Terrace, would like the Commission to consider modifying the Ordinance to specifically address safety issues. He thought it would create a hardship for some people to put shutters up and down, particularly if we have a hurricane season like the one in 2005. Ralph Eddy, 150 SE 3`d Avenue, agreed with Mr. Adams' comments. Pat Tyra, 2912 SW 54th Street, Estates of Fort Lauderdale, wanted to clarify the plywood issue, because of the seasonal residents in her area. She noted when they leave Florida, they usually install plywood panels and leave them up for about six months. City Attorney Ansbro advised they cannot leave the plywood up for more than 30 days. Mary Schmidt, 4740 SW 43`d Avenue, asked about people who have a valid building permit to install new windows. She indicated they put plywood up and after 15 months they still have a valid permit and the new windows have not been installed. City Attorney Ansbro commented if the Building Official confirms they have a valid permit, we have a conflict. Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,December 12,2006—7:00 p.m. Seeing as there was no one else to speak in favor or opposition, Mayor Flury closed the Public Hearing. Vice-Mayor Anton commented Bob Adams was correct in saying that safety is the key issue. He would like the Commission to find a solution to provide some sort of relief mainly to elderly people who are concerned about moving storm panels after 30 days. Commissioner Bertino felt leaving the shutters permanently was a safety hazard. If there is a fire, people may get trapped in their homes. He suggested leaving them partially shut, making sure every room has an exit area. It was the consensus of the Commission to make some revisions to the current Ordinance and to consider having two separate Ordinances, one for residential and one for businesses. Commissioner Bertino motioned to defer Ordinance #2006-041 indefinitely; seconded by Vice-Mayor Anton. The motion carried unanimously. 9.2 ORDINANCE #2006-042 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA AMENDING SECTION 2-6 OF THE CITY CODE OF ORDINANCES, WHICH SECTION IS ENTITLED "MILITARY LEAVE OF ABSENCE FOR OFFICERS AND EMPLOYEES", TO PROVIDE FOR COMPENSATION AND HEALTH INSURANCE FOR PERSONS ON ACTIVE MILITARY DUTY, SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance#2006-042. Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Vice-Mayor Anton motioned to adopt Ordinance #2006-042, on second reading; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 9.3 ORDINANCE#2006-044 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING EXECUTION OF A THIRD AMENDMENT TO A LEASE AGREEMENT EXISTING BETWEEN THE CITY AND DANIA BEACH GRILL, INC.,COVERING THE PROPERTY KNOWN AS THE DANIA BEACH GRILL AND MORE PARTICULARLY DESCRIBED IN THE LEASE; AUTHORIZING THE EXECUTION OF THE AMENDMENT TO THE LEASE BY THE APPROPRIATE CITY OFFICIALS TO PROVIDE FOR DELETION OF THE ANNUAL RENT ADJUSTMENT UNTIL THE END OF THE CURRENT LEASE TERM (FEBRUARY 15, 2009); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,December 12,2006—7:00 p.m. City Attorney Ansbro read the title of Ordinance#2006-044. Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Commissioner Bertino motioned to adopt Ordinance #2006-044, on second reading; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes Item #9.8 was heard before Item #9.4 City Attorney Ansbro advised Items #9.4, #9.5, #9.6 and #9.7 were quasi-judicial matters and swore-in all who would speak. He read the titles of Ordinance 92006-043, Resolution #2006- 224, Resolution #225 and Resolution #2006-226 because they all pertained to the same matter. He asked the Commission to disclose any communication they had on this matter. Mayor Flury, Vice-Mayor Anton, Commissioner Bertino and Commissioner Castro disclosed they had contact with the applicant. 9.4 ORDINANCE #2006-043 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE "HARBOUR TOWNE MARINA,PLAT NO.2"PLAT, SUCH PROPERTY BEING GENERALLY LOCATED AT 801 NE 3RD STREET, IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF THE "HARBOUR TOWNE MARINA, PLAT NO. 2" PLAT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) Corinne Church, Principal Planner, explained the location of the property. She further noted the applicant is requesting: ® A perimeter plat to allow the construction of a dry stack boat storage building and restaurant. o Three variances: 1) To allow a building 52-55 feet tall; code allows a maximum building height of 30 feet. 2) A dry stack boat storage building with 176 boat slips; code allows a maximum of 50 boat slips. 3) A dry stack storage building to be constructed of metal. m A special exception to allow a dry stack boat storage use on the property. The new boat stack building would add 176 slips to the existing 594 boat slips. Minutes of Regular Meeting $ Dania Beach City Commission Tuesday,December 12,2006—7:00 p.m. o A site plan approval for the construction of a dry stack boat storage building, which will include landscaping and a new Welcome sign located on the Dania Cut-Off Canal identifying the City of Dania Beach. Ms. Church advised staff recommends approval of the Plat, provided it is consistent with the approved Site Plan; approval of the Special Exception, subject to size, height, and building material requirements in the Zoning Code; approval of the Site Plan, based on the Special Exception and Variance determinations. The approval of the Variances would be at the discretion of the City Commission. Mayor Flury opened the Public Hearing. Kurt Ely, 245 SW 1st Avenue, would like to make sure this project will enhance our City and will not make the I.T. Parker Community Center less attractive for rentals. Patty Hart, 517 NE 2nd Place, was concerned about how much this project would impact the beautiful view from I.T. Parker Community Center. She also mentioned that with Boyd Gaming redeveloping Dania Jai Alai, she would like the Commission to consider the impact on traffic to the NE area of the City. George Platt, Shutts & Bowen LLP, representing Harbour Towne Associates, advised they will have a brief presentation tonight to address some of the neighbors' concerns. He thanked City staff for their support through the process and added that this project would be good for Dania Beach. Stephen Tilbrook, Shutts & Bowen LLP, explained this project would provide a boat storage facility at a time when there is a shortage of boat storage facilities in Broward County. He further commented the project requires platting of the property prior to the construction of a new principal building. The Site Plan is compatible with the rest of Harbour Towne Marina; it does not create any parking variance needs; it is consistent in height as well as architectural style; and it will generate less traffic. Attorney Tilbrook further noted that according to a traffic study prepared by Kimley-Horn, there would be a decrease in traffic since 2001. He also advised the new project would include a smaller restaurant than the one presently on the site, which is not currently in operation. Attorney Tilbrook clarified that boat storage buildings generate less traffic than restaurants, since it only involves daytime traffic and many of the boaters do not use their boats very often. He thought this project would not have a negative impact in the community, and that it would be an enhancement to the City of Dania Beach. Seeing as there was no one else to speak in favor or opposition, Mayor Flury closed the Public Hearing. Mayor Flury noted she received several calls from residents in the NE section of the City, and she suggested they come to tonight's meeting to address their concerns. She referred back to October 2004, when the City Commission approved the Harbour Towne Lease Agreement. At that time, the Commission was assured they would never build anything that would obstruct the view of the Dania Cut-Off Canal. Mayor Flury further noted that people who rent I.T. Parker Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,December 12,2006—7:00 p.m. Community Center would no longer have a nice view, and there would also be a shortage of parking on the site. She thought there was too much pressure being put in this area of the City, and added she did not think it was the right project for this neighborhood. Commissioner Fetscher questioned if Harbour Towne was planning to give the residents of Dania Beach a discount on the rentals of the facility. He said we are a big boating community and it would be a nice gesture on their part. City Attorney Ansbro commented this was not a condition that should be attached to the request. Commissioner Fetscher also asked Patty Hart if she was satisfied with the building and what would happen with the sunset view from I.T. Parker Community Center. Patty Hart responded the building was too big. Commissioner Bertino thought this project was better than the restaurant they used to have on the site. He felt this plan was the best possible situation for that area. Vice-Mayor Anton questioned whether they were planning to have a night club or a small snack restaurant and entertainment. He would like to see a commitment from the applicant not to have live entertainment on the site. Gary Brummel, Harbour Towne Marina, indicated he would be willing to make a commitment that they would not have outside entertainment so there would not be any additional evening traffic. Commissioner Castro commented the proposed setback is bigger than the present one, so the view from I.T. Parker Community Center would be a lot better. She thought this was a good project for the City. Commissioner Bertino motioned to adopt Ordinance #2006-043, on second reading; seconded by Commissioner Castro. The motion carried on the following 4-1 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury No Commissioner Fetscher Yes 9.5 RESOLUTION #2006-224 A RESOLUTION OF THE CITY OF DANIA BEACH,APPROVING THE VARIANCE REQUEST SUBMITTED BY STEPHEN K. TILBROOK, ESQ., ON BEHALF OF THE PROPERTY OWNER, HARBOUR TOWNE ASSOCIATES, INC., FROM CHAPTER 28, "ZONING", ARTICLE 4, "DISTRICT REGULATIONS", "SCHEDULE OF USE REGULATIONS", FOR PROPERTY GENERALLY LOCATED AT 801 NE 3RD STREET, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,December 12,2006—7:00 p.m. Commissioner Castro motioned to adopt Resolution #2006-224, with the condition that there be no outside entertainment and no outside speakers, as well as the conditions outlined in the staff report; seconded by Commissioner Bertino. The motion carried on the following 4-1 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury No Commissioner Fetscher Yes 9.6 RESOLUTION #2006-225 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST SUBMITTED BY STEPHEN K. TILBROOK, ESQ., ON BEHALF OF THE PROPERTY OWNER, HARBOUR TOWNE ASSOCIATES, INC., FOR PROPERTY GENERALLY LOCATED AT 801 NE 3'm STREET, IN THE CITY OF DANIA BEACH, FLORIDA, FOR SPECIAL EXCEPTION APPROVAL TO ALLOW A DRY-STACK BOAT STORAGE USE IN A "C-4" (COMMERCIAL) ZONING DISTRICT; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Commissioner Castro motioned to adopt Resolution #2006-225 with the condition that there be no outside entertainment and no outside speakers, as well as the conditions outlined in the staff report; seconded by Commissioner Bertino. The motion carried on the following 4-1 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury No Commissioner Fetscher Yes 9.7 RESOLUTION #2006-226 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY STEPHEN K. TILBROOK, ESQ., ON BEHALF OF THE PROPERTY OWNER HARBOUR TOWNE ASSOCIATES, FOR PROPERTY GENERALLY LOCATED AT 801 NE 3RD STREET, IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Castro motioned to adopt Resolution #2006-226, with the condition that there be no outside entertainment and no outside speakers, as well as the conditions outlined in the staff report; seconded by Commissioner Bertino. The motion carried on the following 4-1 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury No Commissioner Fetscher Yes Vice-Mayor Anton clarified with Director Leeds that the landscaping had been shown by the applicant on the Site Plan. Minutes of Regular Meeting 1 I Dania Beach City Commission Tuesday,December 12,2006—7:00 p.m. City Attorney Ansbro advised Items #9.8 and #9.10 were quasi-judicial matters and swore-in all who would speak. Item #9.8 was heard after Item #9.3 9.8 RESOLUTION #2006-218 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY ANTHONY AND BENNIE MAE MOULTRY, FROM CHAPTER 28, "ZONING", ARTICLE 4,"SCHEDULE OF LOT, YARD AND BULK REGULATIONS",FOR PROPERTY LOCATED AT 220 SW I ITH AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2006-218. Laurence Leeds, Community Development Director, explained the location of the property. He advised the applicant is requesting a variance for the installation of two carports, and added that in the past, staff has not supported carports within single family front yards. The Planning and Zoning Board recommended installation of two "canvas covered" carports in lieu of two permanent carport structures. Anthony Moultry, 220 SW I11h Avenue, property owner, requested consideration and approval of his request and commented that adding two carports to their home would increase the value of their property and enhance their neighborhood. William Osborne, architect for the project, showed a drawing with the carports and felt that permanent carports would make the place look better. Director Leeds confirmed for Mayor Flury that there are no objections from the neighbors. Mayor Flury opened the Public Hearing. C.K. McElyea, 229 SE 2nd Terrace, former Commissioner, commented he has been a neighbor of the Moultry family for the past 40 years. He supported their request. Charles Williams, 712 SW 2nd Terrace, noted the Moultry family has made a lot of improvements to their property, and have always tried to enhance the look of the community. He supported the request. Seeing as there was no one else to speak in favor or opposition, Mayor Flury closed the Public Hearing. Mayor Flury indicated she would rather have a permanent structure than a canvas covered carport. Commissioner Castro confirmed with the architect for the project that the request is for an open carport, hard roof permanent structure. Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,December 12,2006—7:00 p.m. Commissioner Bertino noted he would have no problem with a permanent structure. However, he is concerned that if this house is sold in the future, they may turn the carports into rooms. Director Leeds advised they would not be able to convert it because they would need to provide parking. He suggested approving the variance subject to the condition that there would be no modifications to enclose the structure. Commissioner Bertino motioned to adopt Resolution #2006-218; with the condition that two carports would only be carport enclosures and would not be enclosed or turned into a garage; seconded by Commissioner Castro. The motion carried on the following 4-1 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher No Item #9.10 was heard before Item #9.9 9.9 RESOLUTION #2006-219 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY LEE S. VICKERS, FROM CHAPTER 28, "ZONING", ARTICLE 5.36, "WALLS, FENCES AND HEDGES", FOR PROPERTY LOCATED AT 112 NW 14TH WAY, DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2006-219. Laurence Leeds, Community Development Director, explained the location of the property. He advised the request is for a variance to allow the installation of a concrete wall that is 6 feet high in the front yard; code restricts wall height to 4 feet in front yards. Director Leeds further noted that BSO would not support a six feet wall along NW 14th Way, since it would not conform to CPTED, for security and privacy. The Planning and Zoning Board recommends denial of the request. Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Lee Vickers, 112 NW 14th Way, applicant, asked if he could have the 6 foot wall and a gate. Director Leeds would like the applicant to discuss the matter further with the Building Official. Vice-Mayor Anton motioned to continue Resolution #2006-219, until the January 9, 2007 City Commission meeting at 7:00 p.m; seconded by Commissioner Fetscher. The motion carried unanimously. Item #9.10 was heard after Item #9.8 Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday,December 12,2006—7:00 p.m. 9.10 RESOLUTION #2006-220 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY SAM ENGEL ASSOCIATES, REPRESENTING REVEREND TIMOTHY T. SHELLMAN, SENIOR PASTOR OF SAINT RUTH MISSIONARY BAPTIST CHURCH, FROM CHAPTER 28, "ZONING", ARTICLE 4, "SCHEDULE OF LOT, YARD AND BULK REGULATIONS", FOR PROPERTY LOCATED AT 145 NW 5TH AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2006-220. Corinne Church, Principal City Planner, advised the applicant is requesting a variance to allow the construction of an entrance addition to the east side of the existing Church building. She further noted that the current building is an existing non-conforming building, and the new entrance would consist of an open-air covered entrance. The Planning and Zoning Board recommends approval of the request. Sam Engel, Jr., Architect for the project, explained they need to provide access for the disabled through the main entrance of the facility and make it ADA compliant. Mayor Flury opened the Public Hearing. Albert Jones, 722 SW 3'd Street, stressed the importance of having a covered entrance at their church. He supported the request. Seeing as there was no one else to speak in favor or opposition, Mayor Flury closed the Public Hearing. Commissioner Bertino motioned to adopt Resolution #2006-220; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 9.11 RESOLUTION #2006-199 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY BOAZ COHEN, FROM CHAPTER 28,"ZONING", ARTICLE 28,"SIGNS",FOR PROPERTY LOCATED AT 1410-1420 SOUTH FEDERAL HIGHWAY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Director of Community Development explained the applicant is requesting size, height and setback variances, to install a monument sign at an existing shopping center. Staff and the Planning and Zoning Board recommend approval. Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday, December 12,2006—7:00 p.m. Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Mayor Flury thought the sign looked fine, but suggested reducing the height. Commissioner Bertino agreed with Mayor Flury and asked the applicant to speak. Boaz Cohen, 1410-1420 S. Federal Highway, property owner, explained he wanted a 12 foot sign to improve the identification of businesses located in the shopping center. Commissioner Fetscher suggested limiting the height and giving him more width. Mayor Flury recommended a maximum 8'/2 foot sign. Commissioner Bertino motioned to adopt Resolution #2006-199, with the following conditions: the sign should be 8'/2 feet high; the dumpster will remain in the rear of the building, and the applicant will maintain the landscaping along the front of his building; seconded by Vice-Mayor Anton. The motion carried on the following 3-2 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro No Mayor Flury Yes Commissioner Fetscher No 10. Commission Comments 10.1 Commissioner Bertino Commissioner Bertino asked Director Leeds to have an inspector check a two-story duplex on Old Dixie Highway Extension, on 71" Street. He indicated the roof is falling apart and it should be declared an unsafe structure. Commissioner Bertino commented the Department of Environmental Protection is planning to lower the water standards for the canals which will affect the canals in our City. He requested a Resolution, or a letter from the Mayor, to oppose this measure. It was the consensus of the Commission to direct the City Manager to prepare a letter, for the Mayor's signature, to the Department of Environmental Protection. Commissioner Bertino advised the State of Florida cut the funding for education dealing with HIV. He further noted that the Broward County Health Department is calling for municipalities to get involved, since this is a problem that affects our entire County. Commissioner Bertino would like the City to take steps to help the Broward County Health Department in their efforts to fight AIDS, and hoped the rest of the cities in the County would do the same. Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday,December 12,2006—7:00 p.m. It was the consensus of the Commission to direct the City Manager to have the Parks and Recreation Department help the Broward County Health Department with the distribution of any information on AIDS and AIDS prevention. 10.2 Commissioner Castro Commissioner Castro advised BSO distributed a News Release related to the stolen toys intended for 400 juvenile cancer patients. She noted the Starlight Foundation contacted Joe Van Eron to reach out to BSO and the Firefighters to try to get the toy supply back where it belongs. Commissioner Castro encouraged everyone to.contribute with donations or new toys. Commissioner Castro asked staff about the status of the Copa building. She noted they now have a fence around it and wanted to know what we are planning to do with it. City Attorney Ansbro advised that according to the Building Official, the building can be rebuilt, so they have been given six months to submit plans and their insurance will cover the renovations. Commissioner Castro thanked Fire Chief Ken Land for his many contributions to the City and wished him a happy retirement. Commissioner Castro wished everyone Happy Holidays and a Prosperous New Year. 10.3 Commissioner Fetscher Commissioner Fetscher advised that two schools in our City, Collins Elementary and Dania Beach Elementary, will be receiving a donation of 70 VCR's and DVD's which will be delivered tomorrow. 10.4 Vice-Mayor Anton Vice-Mayor Anton commented he had the pleasure of working with Fire Chief Ken Land for many years in several different projects in the City. He congratulated Chief Land on his 37 years of service to the City and wished him a very happy retirement. Vice-Mayor Anton wished everyone a Merry Christmas and a Safe and Prosperous New Year. 10.5 Mayor Flury Mayor Flury questioned the street closure on Sheridan and SE 2"d City Manager Pato advised the company that owns the barricades picked them up by mistake. He will check with Public Services Director Orlando and update the Commission tomorrow. Mayor Flury suggested a note be sent with the water bills to remind property owners to put up their dumpster enclosures. Minutes of Regular Meeting 16 Dania Beach City Commission Tuesday,December 12,2006—7:00 p.m. Vice-Mayor Anton agreed with sending a reminder that the Ordinance is in effect. Commissioner Bertino questioned the cost of a dumpster enclosure permit. He suggested waiving the permit fee if the property owner complied with the Ordinance before the expiration date. City Attorney Ansbro noted permit fees cannot be waived; it is a State Statute and cannot be changed. Mayor Flury asked City Manager Pato if the request submitted by Le Beau Acres neighbors had been processed. City Manager Pato responded in the affirmative. Mayor Flury wished everyone a Happy Holiday and a Healthy New Year. Item #11.1 was heard after Item 94.2 11. Discussion and Possible Action 11.1 Discussion on document imaging all Airport related documents, and discussion of Noise Contours—Vice-Mayor Anton Vice-Mayor Anton commented people in the City are probably aware that the airport expansion issue is moving forward. The Part 150 Study Draft is published and the EIS has been postponed, however, they expect a final decision by July 2007. As a result of this, he and the City Manager recently met with the attorneys at White & Case, and Brenda Chalifour, our Special Attorney for airport matters, to implement a strategy for possible litigation. Vice-Mayor Anton noted that over the years, former Commissioner Bob Mikes kept boxes of airport information which are extremely valuable, and we need to find a way to categorize these records. He further indicated that Neal McAliley, White & Case, provided a price to convert the documents into an electronic format. In the meantime, he met with the City Manager, City Clerk, and Chuck Cook of the Information Systems Department, and it was decided to have the work done in-house with the help of Brenda Chalifour. He further noted there have been several Noise Contours over the years, and we need to contract with a firm that is able to deal with this issue. He introduced Neal McAliley, White & Case LLP, for a brief presentation. Neal McAliley, White & Case LLP, advised there are two important tasks that should be considered when contracting with an outside Noise Consultant. First, to provide on-going assistance to the City to analyze Noise Studies, and secondly, to work on the historical analyses of Noise levels back to 1990. Attorney McAliley further indicated they have identified an Aviation Consulting Firm that worked for the City in 2002, Morton, Buyer and Agnew, based in Washington, D.C. He noted their fees would be $1,00042,000 per day, depending on the seniority of the individual performing the work. As to the Historical Noise Analyses, he stated Minutes of Regular Meeting 17 Dania Beach City Commission Tuesday,December 12,2006—7:00 p.m. the initial part has been quoted not to exceed $25,000, and if it is necessary to go forward with this part, it would not exceed $85,000. Attorney McAliley clarified that they would.be working under the supervision of White & Case and would be subject to final negotiations by the City Manager. Commissioner Bertino questioned how many days it would take for these tasks to be accomplished. Attorney McAliley indicated he could not say, considering there might be documents that have not yet been issued. He pointed out they would do their best to keep the cost as low as possible. Commissioner Castro thought we could prepare a Retainer Agreement, with an hourly rate, and use them as needed. Commissioner Fetscher asked how many other organizations, such as FAA, were doing the same thing. Vice-Mayor Anton advised there are a number of Noise Contours as part of the Part 150 Study, and it will be critical to have accurate information. He further stated that the City would be expending approximately $85,0004100,000 on Noise Contours matters; $9,800 for the software to allow us to scan documents, and a not to exceed sum of $10,000 for Attorney Brenda Chalifour to review the records and decide what needs to be scanned. Mayor Flury clarified for the record that these funds have been set aside for a long time. She further recognized Vice-Mayor Anton, Commissioner Castro, Attorney Neal McAliley, the Airport Advisory Board, and the Melaleuca Homeowners Association for their efforts to stay ahead of the FAA and the Airport Authority. Commissioner Castro remarked this problem will affect a large part of our City, not just a specific area. Vice-Mayor Anton motioned to direct the City Manager and the City Attorney to enter into an agreement to hire consultants on a research basis to help with the documentation process; to authorize the City Manager to purchase the software outlined by the Information Services Department; and to pay Brenda Chalifour an.amount not to exceed $10,000; seconded by Commissioner Bertino. The motion carried on the following 5-0 Moll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 11.2 Discussion of Gasoline Ordinance—Fire Chief Ken Land Fire Chief Ken Land advised he met with the Marine Advisory Board on various occasions. A majority of the members voted to allow gas and diesel to be delivered into the neighborhoods, Minutes of Regular Meeting 18 Dania Beach City Commission Tuesday,December 12,2006—7:00 p.m. and to restrict large tankers to 2800-3000 gallons. He noted the current Ordinance definitely needs some changes. Fire Chief Land commented we should have a requirement in the Ordinance that diesel delivery trucks should be checked by DOT. He indicated he has not found any other city that prohibits this type of fueling. Vice-Mayor Anton advised he also attended the Marine Advisory Board meeting where they discussed the Gasoline Ordinance, and noticed that almost everyone supported it. He commented he is impressed with the safety record from some of the companies involved in this type of business. Vice-Mayor Anton recommended the trucks be inspected by DOT, or the State, as well as the Fire Department. He further indicated that the City of Hollywood does it and suggested having our staff trained to provide this type of inspection. Vice-Mayor Anton asked City Attorney Ansbro to move forward with preparation of the Ordinance. Commissioner Castro suggested the draft Ordinance should include the truck size limitations and any other safety features. It was the consensus of the Commission to direct Fire Chief Land and the Fire Marshal to work with the City Attorney in drafting the Gasoline Ordinance and bring it back in January 2007. Commissioner Castro recognized BSO Lt. Kevin Grantville in the audience, and noted he has returned to our district. Lt. Grantville commented he served in Dania Beach some years ago and left as a Sergeant. He is back as a Lieutenant and is happy to be able to serve the community. 12. Appointments There were no appointments at this meeting. 13. Administrative Reports 13.1 City Manager City Manager Pato asked for Commission direction to extend the contract for Security Services at the Dania Beach Marina. He asked if they felt comfortable with the present arrangements and if so, requested approval for additional funding. Patricia Varney, Finance Director, advised they would need approval for $40,000 until April 2007, when it can be decided whether to keep the service or go out to bid for these services. She further noted that $80,000 was budgeted for this fiscal year to cover security services at the Marina. Minutes of Regular Meeting 19 Dania Beach City Commission Tuesday,December 12,2006—7:00 p.m. Mark Felicetty, Senior Program Manager, Parks and Recreation Department, pointed out that Director Jones has been able to negotiate lower rates with the present company, Statewide Enterprises. Commissioner Bertino motioned to allocate $40,000 to pay for security services at the Dania Beach Marina until May 1, 2007; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes City Manager Pato reiterated it has been a pleasure working with Chief Land. He noted he has always been responsive to this Commission and has helped him negotiate some tough issues with the Fire Department. City Manager Pato thanked Chief Land for his support, for showing balance and leadership, and congratulated him for having a first-class department. Chief Land stated he enjoyed coming to work everyday. The excitement of the job, the people you get to work with, and mainly being able to help people, makes you feel better. He thanked everyone for helping him to run his department and for giving him the opportunity to serve the City. City Manager Pato wished everyone a Happy Holiday Season. 13.2 City Attorney City Attorney Ansbro remarked it has been an honor to work with Fire Chief Land. He added Chief Land was always surrounded by dedicated people and thanked him for his legacy, in addition to the one his father left to this City. City Attorney Ansbro wished everyone a happy and safe Holiday Season. 13.3 City Clerk—Reminders Wednesday, January 3, 2007— 5:30 p.m. —Regular CRA Board Meeting Tuesday, January 9, 2007— 7:00 p.m. —Regular City Commission Meeting Thursday, January 11, 2007—6:00 p.m. —Workshop - City-Wide Traffic Control Issues Thursday, January 18, 2007 —6:00 p.m. —Abatement Hearing Tuesday, January 23, 2007 —7:00 p.m. —Regular City Commission Meeting 14. Adjournment Mayor Flury adjourned the meeting at 9:52 p.m. Minutes of Regular Meeting 20 Dania Beach City Commission Tuesday,December 12,2006—7:00 p.m. ATTEST: CITY OF DANIA BEACH LOUISE STILSON, CMC PATRICIA FLURY CITY CLERK MAYOR-COMMISSIONER Minutes of Regular Meeting 21 Dania Beach City Commission Tuesday,December 12,2006—7:00 p.m. CITY OF DA IA BEACH Agenda Item # 73 Agenda Request Item Date of Commission Meeting: 1/9/2007 Adopt Resolution ® Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: q � (Id nfitY�appropr to Action M ot3ion) � � 4 Re uestedAction � ram' Approve 1 year of ongoing monitored T1 Internet Communications services from WebUnited. 3 13� 7.a^^ Why cetionds Necessary �. i?�C..: . :env.,,, 3},..... ,.¢ anwk' .✓,x. ,m ar,..,. _ . ate= -. .33 These services provide the necessary Internet services for the City to be able to conduct business. � 3 What Action Accomplishes �I'u9dw ,. Provides necessary services for access to our HTE software and other Internet services required for the City to conduct business. Purchasing Requests ONL 3 r I Dept: 1704 Information Services Acct#: 001-1704-713.34-10 Amt: $5,700.00 Fund: General: ® Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary Explanation/Backgrounds FIR ;.M ».n., Web United provides a monitored and locally serviced T1 Internet communication line that is point to point from their offices directly into City Hall. This full T1 has been in service for 3 years and the reliability factor is above 99%. Currently, the City is paying $499 per month. Web United has reduced the cost for the next year to $475 per month. � FtSCcll ImpaCt/COSt$um1118r�/ , v J ..., .. .3�. „ ` A savings of$288 annually compared to budget. w� MlExhibits�Attached� ......3. � .. . i '* Quotes from competing companies. Resolution WebUnited Service Order Dedicated Access-Terms and Conditions Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 E.,Ex Exhibit 6 Exhibit 7 Exhibit 8 gat Doci gat Doc Authorized5ignatures ' , ... s ' Submitted by Chuck Cook Date 01/02/07 Department Director Patricia Varney Date 01/02/07 Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 01/02/07 City Attorney Thomas J. Ansbro Date 01/03/07 City Manager Ivan Pato Date 01/03/07 It � C Inv Use _M „ ,_ .3t Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-002 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE RENEWAL OF A ONE YEAR AGREEMENT WITH WEBUNITED, FOR THE PURCHASE OF SUPPLIES, SERVICES, EQUIPMENT AND MATERIALS FOR A MONTHLY FEE OF $475.00 WITH THE SOLE PROVIDER, WEBUNITED; AUTHORIZING THE AGREEMENT TO PROVIDE WIRELESS NETWORK SERVICES THROUGH A "T-I" LINE TO PROVIDE INTERNET ACCESS FOR THE CITY'S COMPUTER SYSTEMS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager has determined that it is in the best interest of the City to continue services with WebUnited in the amount of$475.00 per month; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Manager is authorized to execute the agreement between the City of Dania Beach and WebUnited, a copy of which is attached as Exhibit"A". Section 2. That the City Manager is authorized to pay $475.00 per month over a one year period from the Information Services Budget to WebUnited, for the purchase of wireless network services to provide internet access for the City's computer systems. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on 52007. PATRICIA FLURY MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS. BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2007-002 WEBUNITED ��S ADD 1 "60oZ 550 Fairway Dr,Suite 210 Deerfield Beach, FL 33441 sm�� fflwu Phone: (877) 638-5969 W E li3 U N I T E O N E T Fax: (954) 418-8635 A Landmark Communications Company Online:www.webunited.net WU SERVICE ORDER FORM WU''Cpntact Information ' Sales Rep: Matthew Przybyla Phone#: 954-246-0116 Email: matthewp@webunited.net Date: 1/12/07 Partner(if any): Phone#: Email: ❑ New Customer ❑ Upgrade ❑Add-On El Downgrade ® Renewal Com an "Contact Information : : Company Name: City of Dania Beach Account#: 7237 Contact Name: Chuck Cook Address: 100 W.Dania Beach Blvd Ste. Email: ccook ci.dania-beach.fl.us City: Dania Beach Phone Number: 954-924-3600 Ext. State: FL Fax Number: 954-922-5619 Zip Code: 33004 DSL# if applicable I Country: *Customer to'Com let6 Pa ment°Information; , Cash/Check: ❑ Credit Card: ❑ Recurring ❑ One Time Only Address: Ste. ❑Visa I ❑ MasterCard I ❑AMEX ❑ Discover City: State: Cardholder Name: Zip Code: Credit Card#: Exp Date: nos aces or dashes mm/ Invoice Method: ❑ Email ❑ Postal FEI#: w *Customer to Complete' Billing Information (rn�ssperson will be responsible foI. r Same;as ContaCt'Info: ,, ,.. �. paymentstto-the account'"He ors a will receive d1hemait Invoices and related communication) Same as Payment Info ❑ .. Billing Contact: Account#: Contact Name: Address: Ste. Email: City: Phone Number: Ext. State: Cell Number: Zip Code: Fax Number: Country: C[astomer.:to"Com lets: Technical Coritactfnformation . _._. Tech Contact: Email: Phone Number Ext. Cell Number: * C„ustomer"to,Com,plete:'-Customer, InstallatlonzLocation x " Company Name: Onsite Contact: Address: Ste. Onsite Phone#: Ext. City: State: Onsite Cell#: Zip Code: Country: DMARC Location Circuits Only) Extended Wiring for DMARC Circuits Only) ❑Yes ❑ No If there are multiple installation locations,please attach separate installation address sheet. Confidential Page 1 of 3 1/3/2007 WEBUNITED 550 Fairway Dr, Suite 210 Deerfield Beach, FL 33441 EMEMMWU Phone: (877) 638-5969 W E S U N I T E ® N E T Fax: (954) 418-8635 A Landmark Communications Company Online:www.webunifed.net • F:" Products/Services Ordered.,8c AttaChrh' nts The entire CrastomerAgreement entered into between;Customerarid WEBUNITED �s"made up'of the4documents selected heree grid attached.All"prior agreements proposals;representations,statements,or uriderstandmgs,whether writte or oral concerrnng,sucti Services,,are superseded yLnness otherwise s"ecified. ® Ded Access ❑ Co-location I ❑ Security ❑ Dedicated Server ❑ VoIP I ❑ DSL I ❑ Hosting ❑ IP Req Form ❑ RTR Mgt olicy ❑ Addt'I Loc(s) Form ❑Addt'I User Form ❑ SLA(s) 1 ❑ TOC/LOA Product/Seruices Information: " 'Term � 1VI PC; N`i2C a" 80.DHZX.530071-PTP T-1 Me alink-Loop and Port 12mo 1 $475.00 TOTAL CHARGES(excludes all applicable taxes and S&H) 12mo 1 $475.00 $0.00 SoftwarelE pi rbe har is&<Iriformation Qt Softvvat6/Equip,ment "Price Lease Sale 1 Netopia R5300 $0.00 ® ❑ ❑ ❑ ❑ ❑ ❑ ❑ TOTAL CHARGES (excludes all applicable taxes and S&H) Customer to;Com fete the foi owin .`,information:; ' n.. *Does this install/service need to be coordinated with a third party? If yes, please specify information in the NOTES area. ❑Yes ❑ No *Are there phone numbers to be ported (A list must be provided)?(VoIP Only) ❑Yes ❑ No ❑ Not Applicable *Are there 800 numbers involved A list must be provided)?(VoIP Only) ❑Yes ❑ No ❑ Not Applicable *Does WU have to provide DID numbers?(VoIP Only) ❑Yes ❑ No ❑ Not Applicable *Is their any equipment for the install being provided by the customer? Please select all that apply: ❑ Router Customer Configured) ❑ UPS (only applies to Co-location ❑ Router U to configure for additional fee ❑ Firewall Customer Configured) ❑ Phones ❑ PBX *Domain Name(Hosting Only): ❑ No Equipment Provided *If WU is providing the Equipment does it require special❑ Yes ❑ No Requested Installation Date(m/d/yy): hardware/software configurations? If yes, pleasespecify below. (The above date excludes all TELCO products) Detailed"allotesa/.Comments,about_install _ F r .. . - Sdiviee:Terni=and Total'Charges(excludes all applicable taxes and S&H): m" 12 Months(If Service Term Other,specify: Billing Monthly Total MRC $499.00 Total NRC $0.00 Initial Payment due upon execution of this Agreement: $0.00 . 1.Customer is responsible for compliance with all terms of this Agreement,including without limitation, payment obligations(without regard to Customer's ability to charge for Services used by or purchased from it by its subscribers and end-users),and any solicitation,service requests, creditworthiness,customer service,billing and collection of its subscribers and end-users,if any. Customer must accurately complete the Order Form. Changes in the Order Form made by or on behalf of Customer may result in delays for which WEBUNITED is not responsible. 2.Customer must cooperate with WEBUNITED in the installation process,including being physically present at the time of installation and must provide access to the designated building's phone closets)on the date(s)agreed to by WEBUNITED's Provisioning Department. Such building access and escort must also be provided to other necessary personnel to perform the installation of the Service connection. Customer's failure to Confidential Page 2 of 3 1/3/2007 WEBUNITED 550 Fairway Dr, Suite 210 Deerfield Beach, FL 33441 �� Mwu Phone: (877) 638-5969 W E IS U N 1 T E D . N E: T Fax: (954) 418-8635 A Landmark Communications Company Online:www.webunited.net provide access shall not suspend the bill start date and Customer agrees to hold WEBUNITED harmless in the event there is a delay in installation of service(s). 3.Please review and sign the Service Order Form and initial all the attached agreement(s).The Service Order is not effective until the appropriate agreement(s)has been signed/initialed and accepted by WebUnited. 4. This Service Order is valid for 30 calendar days from issuance unless otherwise noted. Customer: City of Dania Beach WebUnited Authorized Signature Date Authorized Si nature Date Printed Name Title Printed Name Title Confidential Page 3 of 3 1/3/2007 ...WebUnited WEBUNITED DEDICATED ACCESS TERMS AND CONDITIONS 1) Service-WU shall provide services as described and specified in the Service Order Form. The CONTRACT SIGNING DATE shall be defined as the date of execution(signing)of the Service Order Form WITH receipt of full initial payment required from customer. The CONTRACT EFFECTIVE DATE shall be dependent upon the date of service(s) installation(s) and DEFINED as the date of full connection of all services. The CONTRACT TERM (number of months) and CONTRACT BILLING will begin from the Contract Effective Date. a) Initial Payment-is due upon execution of this Agreement. Failure of Customer to make Initial Payment defers the Contract Initiation Date and WILL DELAY the Contract Effective Date.Once a circuit or local loop has been ordered by WU(within seven business(7)days from receipt of signed Service Order and Agreement),customer is financially and contractually obligated for the full term of service as defined in the WU attached Service Order Form. Any request to cancel service,once ordered with the circuit or local loop provider,will result in cancellation fees incurred by WU as well as full contract value to be paid to WU.Upon ordering of services all payments received by WU are non-refundable. b) Installation of Service(s)-WU shall contact Customer upon receiving a Firm Order Commitment(FOC)date for installation at the customer location(s) by the local loop or circuit provider or other third party provider. At this time,Customer shall agree to a firm date for which installation of service and connection will be made and agrees to have: 1) Customer location/facility in ready state for install, 2) Provide Customer Premise Equipment(CPE)as required, 3) Maintain relevant personnel as necessary for the installation of service(s) 4) Provide any technical or other information reasonably necessary or useful in providing the Service(s). Following physical installation of the circuit at customer location(s),full connection of services shall be deemed to occur after final release by circuit provider and validation by WU signifying completed circuit testing and full connection of services. In the event, for any reason whatsoever, Customer fails to meet(above)customer obligations at the agreed upon firm date for installation and/or changes installation date,Customer is solely responsible and liable for all costs incurred by WU in connection with Customer service(s)from the original agreed-upon Installation date. These cost(s) may include, but are not limited to, service charges, additional wiring, date change fees, equipment charges,cancellation fees AND the recurring payment of circuit charges,regardless of whether Customer is fully installed or not. Such charges will be promptly assessed and submitted by WU with payment due by Customer immediately upon receipt of billing. 2) Payment—Invoicing is to occur on a monthly basis and Customer agrees to make payment whereby all payment is due prior to the first day that services are to be provided(i.e.,the month billing period). Customarily,WU will originate invoices on the 10t'day of each month proceeding the calendar month billing period for services,with terms Net 20 days. Invoicing shall be made by e-mail/Postal and constitute the formal billing submittal. Failure of Customer to make monthly payment when due and within a five(5)day grace period thereafter,shall constitute a default by Customer and shall entitle WU to suspend and/or discontinue service without further notice. In addition,the maximum rate of interest allowable by law on any overdue payments, partial payments and/or unpaid balances will be assessed to Customer. Charges for returned and/or Non-sufficient funds(NSF)checks will be made in the amount of$50.00 by WU to customer,but in any event,shall not limit those remedies available under Florida law for said returned or NSF checks. As applicable and required by statute, invoicing shall include all requisite taxes (e.g., Communications, Sales and any other applicable tax)for which Customer is responsible,and to which WU is obligated to assess and collect on behalf of the government(s). Any calculation errors in assessment and/or tax rate changes requiring adjusted tax computations by WU as necessary(potentially to a retroactive tax basis period)to accurately and properly collect taxes does not relieve Customer of its responsibility to remit tax payment(s)fully and timely. 3) Network Connection-The Network connection provided by WU is for utilization by the directors,officers and employees of Customer. Customer may not sell, lease,license,rent or assign the connection or any part of the connection in this Agreement without the expressed written consent of WU. a) Acceptable Use—Customer is prohibited from transmitting any communication where the intention of the message,or its transmission or distribution, would violate any U.S.Federal,State,or Local law/regulations. Customer is prohibited from transmitting any communication where its distribution would likely be unwanted or offensive to the recipient thereof. "Bulk Messaging"or"Spamming"or transmission of any unwanted,or unsolicited email,is expressly prohibited under this Agreement_Customer shall assure that its use of the WU network services shall not disrupt WU_its associated networks,equipment(s),or any component part of the WU system. Use of the WU connection in violation of any of the above mentioned or other like manners may result in immediate,unilateral cancellation of service by WU. Such event will constitute breach of contract by Customer,require immediate payment of any past due payment amounts,and entitle WU to liquidated damages b) Domain Name Service - Customer may, from time to time, request that WEBUNITED submit to InterNIC or another Domain Name Registry, on Customer's behalf, domain name registration applications (each, an "Application"), for domain names selected by the Customer(each a"Domain Name").In the event that WU elects,in its sole discretion,to perform such service,the Applications shall name WU as the Internet Service Provider which will host such domain name.WU is not a domain name registry.WU's charges for this Service do not include the domain name registry's fees. Customer shall be responsible for, and shall promptly pay, all such domain name registry's fees. Customer represents and warrants that (a) all statements on the Application are true and correct;(b)none of the requested Domain Names or Customer's use of any Domain Name will interfere with the rights of any third party,infringe upon any trademark,service mark or other personal moral or property right;and(c)Customer has a legitimate business purpose for registering each Domain Name,which purpose is related to Customer's purchase of the Services. a. WU shall not be liable in any way whatsoever for any direct or indirect loss,cost or damage Customer may incur in connection with such service or WU's providing or failing to provide such service to Customer.Without limiting the foregoing,WU does not make any warranties regarding the successful registration of any domain name,the time of submission of the application or Customer's right to continued use of a Domain Name after registration.WU is not required to participate in any disputes relating to the Application of the registration of any Domain Name. b. With respect to any Domain Name,WU may elect to terminate or suspend its hosting of or provision of any Domain Name Registration Services with respect to any or all of Customer's Domain Names immediately upon written notice in the event that(a)an Application is rejected;(b)the Domain Name Registration is revoked or placed on"hold"or assigned to a third party;or(c)WU receives or becomes aware of any complaints,conflicting claims,disputes or court orders regarding the Domain Name. c) Software Ownership—No ownership rights are granted to Customer for any and all software provided or furnished to Customer by WU under this Agreement. No right is granted for Customer to replicate,produce,copy,alter,distribute,rent,lease,lend,supply or market the software,and/or de- compile,disassemble or reverse-engineer the software. 4) Equipment Usage/Lease/Installment Sale-In the event Customer uses and/or leases(installment sale)equipment(s)from WU,the following provisions will apply: a) Title—All equipment provided by WU shall be titled to WU at all times and for all purposes,marked and identified as property of WU which markings and identification shall not be removed or altered by Customer. WU reserves the right to file UCC-1 statements with appropriate State agency naming WU as lien holder until equipment is returned or paid off respectively. Customer will not cause,create,or suffer any claims,including but not limited to,any liens,charges,encumbrances,or security interests in,on,or to the equipment(s)and will indemnify and hold WU harmless from and against any loss,expense,or liability from such actions. b) Usage—Customer shall utilize equipment(s)solely for the purpose as originally intended in the network connection/configuration and protect the equipment(s)from any damage or loss of any kind. Failure to return equipment(s)when due and/or upon demand by WU will result in an immediate payment by Customer for the full Fair Market Value(FMV)of said equipment(s)as determined by WU. WEBUNITED: Confidential Page 1 of 2 CUSTOMER: WEBUNITED • 550 FAIRWAY DRIVE, SUITE 210 • DEERFIELD BEACH, FLORIDA • 33441 • 954.418.8884 ...WebUnmlted c) Insurance—During the term of such equipment(s)usage,Customer agrees to keep the equipment fully insured against damage and loss,naming WU as the loss payee under a general liability insurance policy,to which Customer agrees to provide W U evidence of such insurance. If Customer does not maintain its own policy,W U has the right to obtain such insurance in which Customer agrees to pay for associated cost. d) Full Payment—All provisions referenced above shall cease in the event and upon full payment for equipment(s)by Customer and with applicable transfer of title by WU. CUSTOMER 5) Indemnification/Limited Liability— a) Indemnification—Customer shall indemnify and hold WU its affiliates and their respective officers,directors,employees,agents and subcontractors harmless harmless from and against all liabilities,-claims, damages, causes of actions, losses,expenses and judgments(including attorney's fees) arising out of,or in connection with,the services to be provided under this Agreement. b) No Expressed or Implied Warranties -Customer acknowledges that WU has made no expressed or implied warranties(whether oral or written), including those of merchantability or fitness,for any particular purpose with respect to the services contemplated by the Agreement and that all services are provided as is. c) Disclaimer for damages—WU specifically disclaims any liability for actual,consequential or indirect damages suffered by Customer as a result of the operation,or malfunction of the service,or delay in implementation,reconfiguration,or repair of the service. d) No Warrant against interrupted operations of service—Specifically,WU does not warrant against interrupted operations of service. Notwithstanding the forgoing,WU cannot be held responsible from performing its obligation when its services are delayed or hindered by war, riots,embargoes strikes,acts of God,or actions or inactions of third parties(including interruption of phone services)and in the event such performance is delayed by such occurrence,WU shall have no liability to the Customer 6) Remedies-_Customer's remedy for any failure or nonperformance of WU connection service shall consist of full restoration of Service by WU. In any event and against any claim and/or circumstance,regardless of the form of action,WU's maximum liability for damages to Customer,or its authorized users,shall be limited to the amount of charges paid by Customer for use of the Service under this Agreement during the twelve month period preceding the date of such breach. WU's remedy for any failure,nonperformance,or breach of this Agreement by Customer shall consist of liquidated damages as defined below: Liquidated damages—Customer acknowledges that the Terms, Conditions and Pricing of this Agreement have been established, based and dependent upon the complete fulfillment of the entire contractual term length(number of months)of the Agreement. Any event, failure, non-performance or breach by Customer that does not allow for, enable or satisfy the complete fulfillment of the entire contractual term length results in liquidated damages sustained by WU. Customer further acknowledges that under such event,failure,non-performance or breach by Customer, that WU is rightfully entitled to the full contract value, plus any past amounts due, any waivers of fees, free service months or special pricing discounts,cancellation fees,attorney fees,interest,and penalties. Additionally,if Customer does breach this Agreement,for any reason whatsoever,and WU must pursue a claim, in a court of law or any other legal proceedings, customer agrees to pay for all costs of pursuing such claim, including, but not limited to all attorney's fees,court costs and interest at the rate allowable by law. If Service(s)have not been performed by WU at the time of the Breach(i.e.after Contract Initiation Date but prior to Contract Effective Date),at a minimum liquidated damages will consist of (1)cancellation fee assessments,and(2)Forfeiture of Customer Initial Payment. 7) Termination-WU may terminate this Agreement,in its sole discretion,in whole or in part,or suspend the Service at any time upon: (a)any failure of Customer to pay any amount as due hereunder, (b)any Customer breach of any material part of this agreement, (c)any insolvency, bankruptcy, assignment for benefit of creditors,reorganization,liquidation,or proceeding or similar events with respect to Customer,or(d)any governmental or other regulation,that require alterations of the Services provided hereunder, or any violation of applicable law, rule or regulation. No such termination shall relieve Customer of its obligation under this Agreement. The rights and obligations of the parties shall survive such termination or other cancellations of this Agreement. 8) Customer Statement Issues—In the event Customer believes there is an error in their billing statement,a credit is due to their account,and/or maintains any other concern,Customer must make a written request to the Accounts Receivables Department via email at:billing6a?webunited.net,or via U.S.mail and copy the request to their Account Executive. Such communication to WU must occur no later than 45 days after the date which the error or problem occurred_otherwise Customer relinquishes the right to any credit. 9) Disputes—If any dispute or controversy arises in connection with this Agreement,whether such dispute arises before,or after the Closing,and the parties hereto are unable to settle the dispute or controversy themselves,WU may choose to: a) Settle such dispute or controversy by a panel of arbitrators in Ft. Lauderdale, Florida. This is pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The decision of the arbitrators shall be final,binding,may not be appealed and shall include a provision for costs and attorney's fees. ---or--- b) Proceed to litigate its claim in a Court of Law with the parties agreeing that venue and jurisdiction shall be proper in Broward County,Florida. 10) Automatic Renewal-WU will continue this contract for a period of twelve(12)months unless written notice is provided via Certified Mail to WU at least sixty(60) days prior to the term ending date(thirty(30)days for month-to-month contracts).It is the Customer's responsibility to ensure that WU has received proper notice. All monies received prior to notification of non-renewal are non-refundable.. 11) Assignment-This Agreement may not be assigned or transferred by Customer without the prior written consent of WU. 12) Entire Agreement—WU and Customer hereby agree and stipulate that the Terms and Conditions, Service Order Form, along with its attachments and/or addendums,represent the entire agreement between the parties hereto,and it supersedes all prior written and/or oral communications that are applicable to the same service. WEBUNITED: Confidential Page 2 of 2 CUSTOMER: WEBUNITED 550 FAIRWAY DRIVE, SUITE 210 • DEERFIELD BEACH, FLORIDA • 33441 •.954.418.8884 Details of Your Quote Page 1 of I ___. ---___..�_.. Presented by CheapRates.com ` fl e VOICE COACH DATA COACB r The Details of the Plan You Selected Thank you for your interest in our quality T1 products.To receive more information regarding the service you selected = below,please click on the link below and you will be contacted within a few hours by our accredited sales staff for immediate assistance. Like what you see?Order this_servicia now! £, Quote Number 382175-42 You have been emailed a password which will enable you to view and print this quote using our secure customer access area on our front page.You will also be able to view comments our sales staff make on your account,so you know what is going on at all times. Please have a Service Description Full T1(1.5M x 1.5M) This is a dedicated connection to your location,with a 1.5 Mbps bidirectional bandwidth product specialist guarantee. contact.-ME with Service Provider Confidential more information The service provider will be made known to you when you are contacted by a member of our about this service. Certified Sales Team. Provider Rating 5,A Questions about this note?Call toll-free: Term 1 Year Q This is the term of this contract,which is renewable upon completion.Many service providers (888)806-5459 offer significant discounts for longer term commitments. Installation Fee $515.00 No thanks. I've found This is a 1-time fee that is required to install and activate your circuit.Many providers offer .__............ . what I'm looking for. rebates to offset the installation fee. Return me home. Rebate $0.00 After your circuit is successfully installed and your rebate request forms are received,you will be mailed a rebate check from the service provider for the amount above.Please contact your assigned sales agent for assistance in filling out the rebate forms if you have any questions whatsoever. Router Included No The cost of the router is not absorbed by the vendor.You will either need to purchase a router or otherwise provide one for service. IPs Static IP Addresses as Needed This is the number of static IP addresses(fixed ports of entry to the internet)that come with this package. Email Addresses Email POP3 Accounts Not Available This is the number of POPS email boxes that come with this package. Web Hosting Not Available Some providers will provide you with free space where you can host a web site. Local Loop $149.00 This is the amount of local loop,or the cost charged by the local telephone company to connect your premises to the carrier.This charge is included in the total Monthly Recurring Charge below. Total Monthly Cost $548.00 This is the total amount of Monthly Recurring Charges,including LOOP and PORT fees.This price is good through the end of December,2006. Low Price Guarantee We guarantee that the rate you get from ShopforTl will not be beaten by going ;•, directly to our vendors or to another competitor who resells the same service If 5fo yz 15 you find a better price for this vendor than this quote you just received from ShopforTl.com,we will match that price and send you a refund check for R 20%of your first month's bill(up to$5041 Click here_for.details T1 Home I Site Map I Data Advisor I Voice.Advisor I Integrated Advisor I BBS,I Virtual-Tour Webmasters I Sales Positions I Licensing I Press Kit I Testimonials I About Us I T1 Providers I Articles I Contact_Us I Privacy ©2006-ShopforTl.com All Rights Reserved I Presented by CheapRates.com http://shopfort l.com/moreinfo.cfm?QuoteLineID=9368973&key=78698012605253&teii... 12/19/2006 Details of Your Quote Page I of 1 Presented by CheapRates.com - VOICE COACH DATA COACH I � The Details of the Plan You Selected Thank you for your interest in our quality T1 products.To receive more information regarding the service you selected below,please click on the link below and you will be contacted within a few hours by our accredited sales staff for immediate assistance. ` Like what you see?order this service nowt Quote Number 382175-47 $ You have been emailed a password which will enable you to view and print this quote using our secure customer access area on our front page.You will also be able to view comments our sales staff make on your account,so you know what is going on at all times. Please have a Service Description Full T1(1.5M x 1.5M) This is a dedicated connection to your location,with a 1.5 Mbps bidirectional bandwidth product specialist guarantee. contact-ME with Service Provider Confidential more information The service provider will be made known to you when you are contacted by a member of our about this service. Certified Sales Team. Provider Rating Questions about this Term 1 Year quote?Call toll-free: This is the term of this contract,which is renewable upon completion.Many service providers (888)806-5459 offer significant discounts for longer term commitments. Installation Fee $0.00 No thanks. I've found This is a 1-time fee that is required to install and activate your circuit.Many providers offer what I'm looking for. rebates to offset the installation fee. Return me home. Rebate $0.00 After your circuit is successfully installed and your rebate request forms are received,you will be mailed a rebate check from the service provider for the amount above.Please contact your assigned sales agent for assistance in filling out the rebate forms if you have any questions whatsoever. Router Included Yes This provider will provide you with a free router when you activate your account. IPs Up to 264 IP Address This is the number of static IP addresses(fixed ports of entry to the internet)that come with this package. Email Addresses Email POPS Not Included This is the number of POP3 email boxes that come with this package. Web Hosting Not Included Some providers will provide you with free space where you can host a web site. Local Loop $265.00 This is the amount of local loop,or the cost charged by the local telephone company to connect your premises to the carrier.This charge is included in the total Monthly Recurring Charge below. Total Monthly Cost $561.00 This is the total amount of Monthly Recurring Charges,including LOOP and PORT fees.This price is good through the end of December,2006. Low Price Guarantee We guarantee that the rate you get from ShopforTl will not be beaten by going - directly to our vendors or to another competitor who resells the same service If you find a better price for this vendor than this quote you just received from ShopforTI.com,we will match that price and send you a refund check for 20%of your first month's bill(up to$500)!Click here for details J T1..Home I Site Map I Data Advisor I Voice Advisor I Integrated Advisor I BBS I virtual.Tour Webmasters I Sales Positions I Licensing I Press Kit I Testimonials I About Us I T1 Providers I Articles I Contact Us I Privacy ©2006-ShopforTl.com All Rights Reserved I Presented by CheapRates.com http://shopfort l.com/moreinfo.cfm?QuoteLineID=9368978&key=78698012605253&teli... 12/19/2006 CITY OF DA IA BEACH Agenda Item # �• Agenda Request Item Date of Commission Meeting: 1/9/2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: IFF RequestedfrACtlon (Idenfityappropriate Action or Motion} ;. Approve 1 year contract with CivicPlus for web site hosting, front and back end software. �7 ram' 3 11NhyActioniNeeessary aR ` .... n, _. , Current contract has expired. We wish to continue with CivicPlus due to their experience with Government web sites. lmhat Action Accom lashes 3 ..z. as Continue on with the current web site provider for continuity. alb � as - a I�urchas�ng Requests ONLY ar ry qk Dept: 1704 Information Services Acct#: 001-1704-713.34-10 Amt: $8,220.00 Fund: General: ® Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ This company provided us with hosting and software for web site development 3 years ago. We have continued using the due to the stability of the site, their expanding list of services and their willingness to provide significant changes to their product when requested. They also are familiar with Government Web Sites as they currently host over 200 of these. They also are a larger firm for web site hosting and development and are more likely to be around over the long run. 1 We'°`�'il �:: i�i 3w •'.. : � Fiscal!mp,act/Cost Summary i t� �a� .I13 i,540 The funds for this service have been budgeted. �� � 3133WN a '� la > -0 a ki Sa'y�^a�z •� i,� 33frx Exhibits MA' hed m� 1AW Contract/License agreement from Civic Plus Selection recommendations from City of Hallandale Beach City of Hallandale's Commission action Resolution Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 AutFiorVib'd Signatures .f � i 3 3, .r`:. :.,...,au �` Aati.. �...... . k. Submitted by Chuck Cook Date 01/03/07 Department Director Patricia Varney Date 01/03/07 Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 01/03/07 City Attorney Thomas J. Ansbro Date 01/03/07 City Manager Ivan Pato Date 01/03/07 apM' ° Are � '� 3.'i p " 31 yr city-°cierk:Usei'iy, �^ 3 3nW � r'. .. 3: ..y:�� . „�,.. .. 21W, Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-003 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING A ONE YEAR AGREEMENT WITH AN ANNUAL RENEWAL OPTION WITH CIVICPLUS, FOR THE PURCHASE OF SUPPLIES, SERVICES, EQUIPMENT AND MATERIALS FOR AN ANNUAL AMOUNT OF $8,220.00, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection 0), provides that during unusual conditions or emergencies, the City Commission may, by resolution, authorize the purchase by the City Manager of designated supplies, services, equipment and materials in amounts in excess of fifteen thousand dollars ($15,000.00) without competitive bids and without advertisement for bids, or if such purchases are made pursuant to a competitive bid obtained within the last twelve (12) months by other governmental agencies such as the federal government, State of Florida or a Florida county or municipality; and WHEREAS, the City Manager has determined that certain City website services can be rendered to the City by Civic Plus; WHEREAS, the City Manager has determined that such service can be purchased at the least cost to the City from Civic Plus, under City of Hallandale Beach bid award by the Commission on October 3, 2006; NOW, THEREFORE, 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 between the City of Dania Beach and CivicPlus, attached as Exhibit "A". The City Manager and City Attorney are authorized to make minor revisions to the Agreement as are deemed necessary and proper for the best interests of the City. Section 2. That the City Manager is authorized to pay $8,220.00 annually for a one year term, payable from the Information Services Budget to CivicPlus, for the hosting of the City's website and related services. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on 52007. PATRICIA FLURY MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY RESOLUTION#2007-003 DaanatedRes d3 CivicPlas License and Service Agreement for City of Dania Beach Organization: City of Dania Beach Web Address: www.ci.dania-beach.fl.us Contact Name: Joe Husosky E-mail Address: jhusosky@ci.dania-beach.fl.us Street Address: 100 W.Dania Beach Blvd Address 2: City Dania Beach State: FL Zip Code: 33004 Phone: 954-924-3636 Ext: Fax: 954-921-2604 Billing Contact: Joe Husosky Billing Address (if different) Billing Phone#: 954-924-3636 Fax: Information required on invoices,e.g. P.O.#or Job#: Tax ID#: Sales Tax Exempt#: Payment Terms: Annual Acct.Rep. Laura Munsch Terms and Conditions: 1. Annual invoicing for this contract will take place as indicated by client. 2. Either party may terminate the agreement at the end of the contract term by providing the other party with 60 days prior notice. 3. In the event of a rate increase,CivicPlus will notify the client at least 60 days in advance of the annual renewal. 4. Annual fees for CivicPlus services are invoiced prior to the year of service and are due by the first of the following month. 5. Annual rates will automatically increase by 3%.In the event of a rate increase that exceeds 3%,CivicPlus will notify the client at least 6 months in advance of the annual renewal. 6. Payment is due on the date annotated on the invoice for that term's service.Service will be discontinued if payment is not made within 20 days after the due date.Payments received will be applied first to finance charges,then to the oldest outstanding invoice. 7. If the account exceeds 60 days past due,the web service will be removed and the data will be erased. 8. CivicPlus will support one designated support contact for the client. Support will include providing technical support of the CivicPlus system. Page design,graphic design,word processing training,custom programming,and application support are not included in this contract.Additional support services may be contracted separately. 9. If service is unavailable for more than 24 hours because of technical problems on the part of CivicPlus,credit will be applied at$20.80 per day. 10. If service is unavailable for five days,contract will become void and prepaid fees will be refunded. 11. This contract will be binding for a period of three years with two one year renewals,at City's option,if written notice is given by City to Company at least thirty days before the end of the term,including any extended term. 12. This Agreement may be terminated by City at any time after thirty days'advance written notice to the company;provided,however,that City is obligated to pay for all costs and services rendered by company up to the date it receives such notice. 13. Upon termination of the agreement for any reason,the content developed for use by City shall be transmitted to City for its use,and City shall be deemed the owner of all such content. Page 1 of 3 CivicPlus•317 Houston St., Suite E e Manhattan, KS 66502 888-228-2233,ext.307,Fax:785-587-8951 www.civicplus.com Date Initiated. CivicPlus License and Service Agreement for City of Dania Beach Project Summary Annual Fee On-going Services $ 8220.00 Hosting,Upgrades, Support and Enhancements of Included Modules(800 MB) Total $ 8,200.00 ® t o Annual Fee Annual Fee 19 Archive Center $ Included O Online Job Application $ Included O Banner Development-Additional $ ❑x Opinion Poll $ Included IR Bid Posting $ Included ❑x Quick Links $ Included ❑O Business Directory $ Included O RequestTracker for users $ ❑@ Document Center $ Included O Staff Directory $ Included Q Dynamic Breadcrumbs $ Included O Other: $ I@ Dynamic Sitemap $ Included Administrative Modules&Services O E-Commerce $ O Additional Domains $ I@ Events Calendar $ Included ❑x Bad Links Identification $ Included ❑x FAQ $ Included O E-mail this Page $ O Forms Creation Ll_form to email) $ ❑x Links Redirect $ Included O Forms Development Toot $ O Online Web Statistics $ Included 13 Intranet $ O Printer Friendly $ Included 19 Job Posting $ Included ❑x Rotating Content $ Included ❑O News Flash $ Included 0 Search Engine Registration $ Included 19 Notify Me Email Subscription $ Included 0 Site Search and Site Search Log $ Included O Site History Log $ Included Setup Notes: The client will be responsible for updating and maintaining their website.CivicPlus will continue providing updates to the software and maintain the content and data. Page 2 of 3 CivicPlus a 317 Houston St., Suite E. Manhattan,KS 66502 888-228-2233, ext. 307, Fax:785-587-8951 www.civicplus.com Date Initiated: CivicPlus License and Service Agreement for City of Dania Beach Additional Training: Training that involves billable time beyond the contracted amount will be documented and invoiced. Written approval by the client is necessary before billable time is incurred. Support: Page development support and technical support provided free throughout the terms of the contract. Technical problems with the software are addressed throughout the contract period at no charge. Additional Projects: Projects that involve billable time beyond the contracted amount will be documented. Written approval by the client is necessary before billable time is incurred. Maintenance Upgrades: Maintenance upgrades to the CivicPlus service are provided at no extra charge.Additional modules may be purchased and activated at any time Indemnification and Liability Dania Beach shall defend, indemnify and hold harmless CivicPlus,its partners,-employees,and agents from and against any and all lawsuits,claims,demands,penalties, losses,fines,liabilities,damages,and expenses including attorney's fees of any kind, without limitation, in connection with the operations of Dania Beach and installation of software contemplated by this agreement, or otherwise arising out of or in any way connection with the CivicPlus' provision of service and performance under this agreement.This section shall not apply to the extent that any loss or damage is caused by the gross negligence or willful misconduct on the part of CivicPlus. CivicPlus will not be liable for any act, omission of act, negligence or defect in the quality of service of any underlying carrier or other service provider whose facilities or services are used in furnishing any portion of the service received by the customer. CivicPlus will not be liable for any failure of performance that is caused by or the result of any act or omission by customer or any entity other than CivicPlus that furnishes services, facilities or equipment used in connection with CivicPlus services or facilities. Except as expressly provided in this agreement, CivicPlus makes no expressed or implied representations,or warranties, including any warranties regarding merchantability or fitness for a particular cause. Development Specifications Additional development specifications and requirements will follow upon commencement of the project. Acceptance: We the undersigned,agreeing to the conditions specified in this document,understand and authorize the provision of services outlined in this contract. Name Date Dania Beach Name Date CivicPlus Please fax the above contract as soon as possible to FAX Number: 785-587-8951 For any billing questions,Accounting can be reached at 888-228-2233,ext.215 Support can be reached at: 888-228-2233,ext.307 785-587-1853,ext.307 Page 3 of 3 CivicPlus o 317 Houston St., Suite E o Manhattan,KS 66502 888-228-2233,ext. 307,Fax: 785-587-8951 www.civicplus.com CITY OF HALLANDALE BEACH, FLORIDA MEMORANDUM DATE: July 28, 2006 TO: D. Mike Good, City Manager THROUGH: Mark Antonio, ACM FROM: Ted LaMott, Assistant Director of I.T. SUBJECT: Website redesign RFP responses CMD 008/04 City Website BACKGROUND Seven vendors responded to the website redesign RFP. Their proposals and qualifications are discussed below to aid in developing a short list for the final selection process. DISCUSSION Six vendors responded to the website redesign RFP: 1. Civic Plus; Manhattan, KS. 2. Panther International; Clearwater, FL 3. SpeedUneed; no contact information 4. PickMe, Inc.; Ft. Lauderdale, FL 5. Quaxar; Miami, FL 6. Websolvers, Winter Park, FL 7. Computer Gear, Navarre, FL A brief analysis of each of these vendors follows: 1. CivicPlus; Manhattan, KS. Cities: Safe Harbor, Dania Beach, many others nationally Staff: 47 employees Experience: 20 years General comments: this vendor offers a content management system where the user site staff updates the website content; user site staff is also capable of developing new web pages; vendor offered a well organized project plan. Sample webpaqe: The conceptual City of Hallandale Beach web page offered a good start for the basic format; the graphic design needs improvement City website redesign RFP responses Page 2 Responses to RFP: filled out the basic deliverables and supplemented with basic sales material. Service Level Agreement (SLA): 24x7x3 hrs for website support; 24x7x365 for hosting service Hosting: Offered (cost not specified, but calculated at about $3,000 annually); service available to help client to set up the system on servers at client site. Cost: Development: $35,000 Maintenance: $9,000/yr (if hosted by CivicPlus); Hourly charges for service range from $25 to $45. Bottom Line: Offers a website administration system where content and web pages can be managed by the client; vendor appears to have extensive experience; graphic arts are not exciting (but this could be a client- controlled factor) 2. Panther International; Clearwater, FL Cities: None; Tampa Downtown Partnership is closest to a city site Staff: 2 key staff noted; no total count given Experience: 12 years; mostly with aviation and military websites General comments: Project management approach to this project; offered a well organized project plan; extensive client list (24 government websites and 50+ non-government websites); the website offers a content management system that is updated by the client. Sample webpaqe: not offered Responses to RFP: did not specifically answer questions/criteria of RFP; supplied general sales literature. Service Level Agreement (SLA): not specified, but I would expect it to be adequate Hosting: $258/month ($3,100 annually); vendor prefers to host the website. Cost: Development: $33,981.40 Maintenance: ala carte; $44 to $64/hour Bottom Line: This vendor has a lot of experience with non-city entities; need to better define an estimate of the on-going maintenance cost (e.g. canvass current customers); graphics are not dazzling (but this could be a client-controlled factor); this is one of the larger web design companies that responded 3. SpeedUneed; no contact information Cities: None noted Staff: None noted Experience: None noted General comments: vendor offered a contract and very little specifics Sample webpage: Very similar to the city's current webpage, but cleaner Responses to RFP: No responses to RFP Service Level Agreement (SLA): None specified Hosting: Not specified Cost: Development: $39,000 Maintenance: $125/hour CM website redesign RFP responses 072706.doc City website redesign RFP responses Page 3 Bottom Line: vendor did not properly respond to the RFP; vendor offered no information on qualifications; no contact information noted; this vendor was dropped from consideration. 4. PickMe, Inc.; Ft. Lauderdale, FL Cities: None Staff: 1 full time staff; 2 sub contractors Experience: 5 years General comments: offered other websites as examples of their work; these web pages were visually appealing and designed to draw the visitor into the website. Sample webpage: offered an interactive sample website; visually appealing; good graphic arts; layout looks logical; Responses to RFP: responded to some of the evaluation criteria Service Level Agreement (SLA): not specified Hosting: would continue to use our current website host Ameribiz Cost: Development: $36,500 Maintenance: ala carte; $40 to $75/hour, depending upon service required. Bottom Line: this vendor presented good creative graphics arts ability and presentation; no government website experience; small company with few employees; vendor would be similar to our current webmaster. 5. Quaxar; Miami, FL Cities: Sunrise Staff: 4 noted Experience: not specified General comments: websites have won awards for graphic design and layout; vendor offers a system that allows the client to update much of the online content: a home page web portal, content management system, geographic mapping, calendar, database, document management system, and website statistics; vendor offers a project plan for developing websites. Sample webpage: none offered Responses to RFP: responded to some criteria; mostly reused existing sales proposals Service Level Agreement (SLA): Hosting: $400/month ($4,800 annually) Cost: Development: $86,000 Maintenance: $1,000/month ($12,000 annually) Bottom Line: vendor is offering a workable project process to implement a new website; sample web pages were uninspiring (but this could be a client- controlled factor); monthly maintenance is about three times what we are paying now; interesting database content management system allows client to quickly update content. 6. Websolvers, Winter Park, FL Cities: Winter Park, Altamonte Springs CM website redesign RFP responses 072706.doc City website redesign RFP responses Page 4 Staff: 4 listed Experience: 10 years General comments: has a series of modules that are incorporated into the website: document management, job bank, news (press releases); vendor offers a reasonable project plan to develop the website; referenced websites had good to very good graphic arts with a reasonably logical layout. Sample webpage: none offered Responses to RFP: repeated goals and objectives indicating compliance Service Level Agreement (SLA): Hosting: $35 to $55/month ($420 to $660 annually) Cost: Development: $36,413 Maintenance: ala carte $85 to $155/hour Bottom Line: this vendor offered a good project plan with good references; the response was a little light on details, otherwise the referenced website work appeared good and appealing. 7. Computer Gear, Navarre, FL Cities: none; Santa Rosa County Staff: 1 listed Experience: 7 years General comments: basic project plan outline; no details. Sample webpage: none offered Responses to RFP: basic responses to evaluation criteria Service Level Agreement (SLA): Hosting: not specified Cost: Development: $37,000 (specified 35,000 elsewhere) Maintenance: ala carte $25 to $45/hour Bottom Line: this vendor offered very little in way of a detail project plan; this vendor did not adequately respond to the RFP; this vendor was dropped from consideration. Cost analysis Costs IRate CivicPluslRatel Panther International Rate S dUneed!:Rate Pick Me,Inc Rate Ouaxar Rate Websolvers Rate ZCom uter..Gear'? Website develo ment $35,000 $ 33,981 $�"`39,000i'.. $ 36,500 $36,000 $ 36,413 ,�`$€ E 37.000: Monthly Maintenance 3 N (assuming about 4 R i hours/month Low 25 400 44 704 x T =tom, s 40 640 85 1,360 High 45 720 64 1 024 125 . ':`:?2,000 i 75 1.200 Flat 1,000 155 2.480 45 - 7 .4 20'. i Monthly hosting service 3 ', i fee 3,000 3,100 1,200 4,800 860 ,ate &6D 5 year cost ��. i,•,: (High maint cost with hostin 223,200 247,440 120,000.. 144,000 348,000 188,400 without hosting 43,200 61,440 `!>.120,000' 72,000 60,000 1 1 148,800 Vendor analysis CivicPlus, Panther International, Quaxar, and Websolvers all appear to be competent medium to large organizations capable of developing a website. Pick Me, Inc. is a small organization comparable to the webmaster arrangement we CM website redesign RFP responses 072706.doc City website redesign RFP responses Page 5 currently have. SpeedUneed did not submit any useful information as to their approach or prior work experience so they were eliminated from further consideration. All vendors indicated they would be able to develop the website within the budget constraints of the RFP. CivicPlus has the most experience with developing governmental websites. They offer a system with many modules to support a city's website needs (calendar, online forms, etc.). A strong benefit of their product is that city staff can directly update website content. The graphic arts of their referenced websites were average to good. Panther International appears to have very strong project management skills to be able to complete projects on time and in budget. They have a large number of clients, but limited government website experience. They did not indicate they have any ready-made modules to be used in the city's website; it appears that they would develop everything from scratch. The graphic arts from their referenced websites were judged to be average to good. Quaxar has a number of available modules that could be used in the new website (calendar, online documents, geographic mapping, etc.). Quaxar's City of Sunrise website graphic arts and format is judged to be just average; the web page layout is not very good (but this could be client controlled). Websolvers offered a well-developed website development process to help ensure the city's website project moves forward in a predictable manner. Websolvers also offers a series of modules that can be incorporated into the city's website (although fewer than CivicPlus and Quaxar). The two listed cities had home pages that are judged to be good to very good in graphic design and organization (balancing enough content against being overly complex). Pick Me, Inc. had few websites and no ready-made modules to incorporate into the new city website. This vendor would also present the least change in our current set up in that they would still work with our current website hosting service. Presumably, they would also incorporate the existing city website modules to maintain the current level of functionality (community survey, applicant tracking, Employee corner, etc.). The web pages used as references were judged to be good to very good in terms of graphic arts with the content and organization judged good. This vendor's presentation of a sample city home page was the best of all presented. Summary The priority of the business requirements of the new city website need to be confirmed. Pick Me, Inc. appeared to offer the best graphic arts presentation, with Websolvers and Panther International close behind. CivicPlus appeared to have the most complete product to allow city staff to directly maintain the website. An ideal situation would be to get the modules offered by CivicPlus with the project CM website redesign RFP responses 072706.doc City website redesign RFP responses Page 6 management talent from Panther and the graphic arts ability offered by Pick Me, Inc. Recommendations Staff recommends the City Manager review the following vendors' proposals for consideration of the redesign of the city's website: ® CivicPlus ® Panther International ® Websolvers Staff recommends IT schedule a meeting with City Manager staff to review and make a final recommendation for the City Manager's consideration. Should you have any questions, I am available at your convenience. Reviewed: D. Mike Good, City Manager Date Approved Denied Hold for Discussion Comments: CM website redesign RFP responses 072706.doc CITY OF HALLANDALE BEACH, FLORIDA MEMORANDUM DATE: September 22, 2006 TO: D. Mike Good, City Manager THROUGH: Mark Antonio, ACM FROM: Ted LaMott, Assistant Director of I.T. SUBJECT: Website redesign RFP vendor recommendation BACKGROUND A "short list" of three vendors was recommended to the City Manager for final review to select a vendor for the website redesign RFP. The review committee evaluated the vendor proposals and qualifications and determined the CivicPlus product and services as the best offering for this project. DISCUSSION The three "short listed" vendors were: 1. CivicPlus; Manhattan, KS. This vendor appears has extensive experience developing government websites (over 200 government organizations). CivicPlus offers a software package system where individual pages can be customized, but ongoing updates to the content can be done directly by the client (i.e. city departments in our case). CivicPlus offers technical assistance in various areas including graphic arts to help us develop the various aspects of our website. 2. Panther International; Clearwater, FL This vendor has a lot of experience with non-city entities (military and air ports). Most web pages would be custom-made for the city website. While this would create a very customized look, it is also more expensive to create and maintain. 3. PickMe, Inc.; Ft. Lauderdale, FL This vendor presented good creative graphics arts ability and presentation, but did not have any government website experience. This is a very small company with few employees and the website technology used would be similar to our current website. All web pages would be custom-made which, again, would create a customized look for the city, it is more expensive to City website redesign RFP vendor recommendation Page 2 create and maintain. Analysis It was determined that CivicPlus had the most complete product offering with the most experience with developing governmental websites. Their system offers many modules to support a city's website needs (calendar, online forms, etc.). An extremely useful feature of their product is that city staff can directly update website content allowing quick turnaround of information. CivicPlus offers graphic arts assistance to develop a professional look for our website. Panther International and Pick Me, Inc. lacked the depth of experience of CivicPlus. Additionally, these vendors would need to develop all of the needed web pages and functionality where CivicPlus's product is ready to use. CivicPlus quote for services was the lowest responsive bid received from all RFP submissions. Recommendations Staff recommends the City Manager approve the purchase of the CivicPlus system and associated services for the city website for an amount not to exceed $50,000. Funding is available in accounts 347-2012-519-3448 ($25,000) and 347-2010-519- 3448 ($25,000). Should you have any questions, I am available at your convenience. Reviewed: D. Mike Good, City Manager Date Approved Denied Hold for Discussion Comments: CM website RFP vendor selection 091806.doc qP05t4tVote 767tMDald REGULAR AGENDA-October 3, 2006 Page 3 city Mana er Good recognized the City Commission's support for service organizations within the City. Mr. Cummings advised that the Tri-Area Lion's Club and Kiwanis will be having a dinner on October 27, 2008 at the Cultural Center, Dr. Joe Amunatedui Hallandale Beach Area Chamber of Commerce President, stated that the Chamber was holding a Golf Tournament on October 24, 2006 at the Diplomat Country Club. He also advised that the Chamber will be holding the 1"Annual Taste of Hallandale Beach on November 15, 2006. Keith London, 613 Oleander Drive, distributed a hand out to the City Commission which discussed concerns with the selection process to fill the seat vacated by Commissioner Gibbons. Mir Cooper stated that a letter of intent and all other paperwork necessary to be considered for the appointment Is due on November 1, 2008 by 5:OOPM and the interview process would be held on November 8, 2006. She stated that candidates would give a five minute presentation and then the Commissioners would ask questions of the candidates. She stated that the type and number of questions to be asked would not be restricted and Gould vary by the candidate being interviewed. She requested additional information on how the interviews would be conducted. UPDATE AR#056106 git Manac er Good stated staff is preparing the procedures for the interview process and the City Attorney will review for legal sufficiency. All laws will be followed. The interviews will be conducted in the Commission Chamber and televised, as directed by the Commission. UPDATE AR#056106 6. CONSENT AGENDA A. Pursuant to Chapter 23, Section 23-103, Competitive Bidding, Hallandale. Beach Code of Ordinances, Request Authorization to Award RFP# FY2005-200"05, Website Redesign Development Provider, to Icon Enterprises, Inc. d/b/a CivicPlus In an Amount not to exceed$65,000 and further, Authorize the City Manager to Renew the Contract Annually in the Best interest of the City. If Approved, Funding Is Available as Specified in the Staff Report. (Staff: Director of Information Technology) (see backup) CMD#008104 City Manager Good stated that the purpose of this contract award Is to expand the functionality of the City's website including more linkages to associated websites, ability to offer video clips, and ability to download information. Users will be able to pay for utility bills online. Currently there Is a delay involved in providing information such as the Commission agenda because staff must send the information to a third party controlling the website and request that it be added. With this improvement in functioning, staff will be able to directly provide new or updated information. The cost for the upgrade and expansion is anticipated to be about $50,000. An additional $15,000 is recommended to add enhancements once the website has been redeveloped. Mayor Cooker asked if there is a limit on the number of webpages and/or links on the website. REGULAR AGENDA- October 3,2006 Page 4 Tel LaMott, Director Information Technology, stated there are no limitations on the amount of webpages and/ or links. The larger the website, the more storage space is needed and costs are based on the amount of storage used. The recommended contractor has done over 200 government websites and is well qualified for this project. COmMissipw.Gibbons noted that the annual website maintenance costs will increase from $4,500 a year to $11,000 a year and requested additional information. Mr_ L.aMott responded that the upgraded/expanded website will require more maintenance and that the company is available 24 hours a day, 7 days a week, 365 days a year to provide technical and related support. MOTION TO APPROVE CONSENT AGENDA, 510. UPDATE CMD#008/04 7. PUBLIC HEARINGS(to be heard at 10:30 A.M.) A. An Ordinance of the City of Hallandale Beach, Florida, Amending Chapter 7. Businesses., Article XI. Peddlers, Solicitors and Transient Merchants, Section 7- 414 Solicitors' Identification Required.(Second Reading)(Staff: Chief of Police)(see backup) CAD#039106 Ci Manager Good stated that this ordinance does not take away the right to participate in these activities. Those wishing to conduct this type of business must receive a license from the Development Services Department/Occupational License Division. The purpose of this ordinance is to remove the requirement of receiving an identification card from the Chief of Police. Mayor Cooper opened the Public Hearing. Seeing no speakers,the Public Hearing was closed. MOTiON TO.APPROVE THE ORDINANCE ON SECOND READING, 5/0. UPDATE CADf#039/06 8. CITY BUSINESS A. A Resolution Ratifying a Contract Between the City of Hallandale Beach and the Hallandale Beach Professional Firefighter's Union Relating to Relations between the Employer and the Firefighters of the City of Hallandale Beach. (Staff: Director, Personnel/Labor Relations) (see backup) City Manaaer Good noted that the City and the Firefighters' Union have been working on this contract for some time the contract presented for City Commission approval is good for the City and the Firefighters' Union. The result is that the City will be more competitive in attracting and retaining firefighters. Dave La Buff, Fire Union President, stated that the contract is huge step in the right direction for a growing and changing City such as Hallandale Beach. MOTION TO APPROVE THE RESOLUTION, 5/0. CITY OF DA IA BEACH agenda Item # UM). Agenda Request Item Date of Commission Meeting: 1/9/2007 Adopt Resolution ® Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: ED 1J s 3 1 Requested'Action {IdenitY'aP{ro'pr�ae Acion;o Ntotron'" i 3 3 ...�, ,,�... .... a Approval for trailers' rental from Mobile Mini, Inc. } aka AMC , fit' �''�, 3� r � �Ihy Actlort 15,Nec U•' x , IN .... „r, . �_• ,,,a (1. Over$15,000 expense. --What,Action Accomfishe11 s iana._..... ......... . t?. , p,..i.. .. _.. Comply with Purchasing Policies 3 H s ai a i I 3 3 1 IPurchasln Re oasts C Nt_Y N ' n Dept: 1201 City Manager Administration Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summa Ex [anation lt Back�round� 3 3 y The City obtained 3 quotes for the City Hall temporary trailer office and Mobile Mini Inc. provides the lowest cost. The other two vendors are G.E. Modular Space and Williams Scotsman. Since the cost is less than $15,000 it was not brought to the Commission for approval. With the Public Services compound construction, two storage trailers were also rented effective this fiscal year and another office trailer is also pending to be rented for the Dockmaster office at the Marina. The total cost now exceeds $15,000 and requires Commission approval which will be funded from the General Fund, Water Fund and the Marina Fund. f�acallmpac�Cos#Suarylow 3� a � , 3 s 3;f,y, 33333 ) i P. $23,458 Exhibits A#fiached� �� , :.,�� "' .,a2wu... ... "..x.3.u.. ,r..w...a,.-...a.... ....... ..ux..:� .,_ v...,3 .,..v x... ,.... w.:v_.x_. 0 Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 833 '"iu Y ' Au#horized S� natures �,� ,.._.��,»».,. Ham.. . .. ....... . . ....» .. ,»».,� 4 Submitted by Patricia Varney Date 12/20/06 Department Director Date HR Director Date Finance Director Patricia Varney Date 12/20/06 City Attorney Thomas J. Ansbro Date 12/20/06 City Manager Ivan Pato Date 12/20/06 Mk,City Cierktiseow ) ...,., , Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-004 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO LEASE OFFICE AND STORAGE TRAILERS FROM MOBILE MINI, INC., WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS FOR A SUM NOT TO EXCEED $23,458.00; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection 0), authorizes the City Manager to purchase supplies, services, equipment and materials for the City government in amounts in excess of $15,000.00 without competitive bidding and without advertisement for bids if he is authorized to do so in advance by a resolution adopted by the city commission; and WHEREAS, the City Manager has determined that it is necessary to provide a temporary office trailer at City Hall, two temporary storage trailers at the Public Services Compound due to construction and a temporary office trailer at the Dania Beach Marina, to be supplied by Mobile Mini, Inc.; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: . Section 1. That the City Manager is authorized to pay $1,104.50 per month for an office trailer at City Hall and $1,658 for the removal of the trailer, $248.00 per month for the storage trailers at the Public Services Compound and $436.88 per month as well as $254.00 for set-up and removal for an office trailer at the Dania Beach Marina to Mobile Mini, Inc., 17707 NW Miami Ct, #34, North Miami, FL 33169, for a total sum not to exceed $23,458.00. Funding shall be paid from the general fund, water and sewer funds and the marina fund. 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 PATRICIA FLURY MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2007-004 CITY OF DANIA BEACH Agenda Item # Agenda Request Item Date of Commission Meeting: 1/9/2007 Adopt Resolution RX Adopt Ordinance (1st Reading) Ej Adopt Ordinance(2nd Reading) ❑ Award Bid 1RFP ❑ Presentation ❑ Continued from: Adopt a resolution pertaining to Resolution No. 2004-190, authorized entry into an Interlocal Agreement with the City of Hollywood for preventive maintenance and repair services for fire department vehicles. Iitlh dtf6n-,js*` s�'Nece s I a Y rw� Original resolution stated an "amount not to exceed"figure of$75,000.00 as per Hollywood agreement which is for a period of 3 years. This amount will be exceeded for FY 2007. 7-71F-77 cd6m­p'1,Js-iii`—k es, L-L ;ti I bfiA Dept: 2201 Fire Rescue Acct#: 001-2201-522.46-30 Amt: Fund: General: RX water: El sewer: El Stormwater: El Grants: 0 Capital: ❑ i Background'.Su a a p EVT, our previous repair and maintenance provider,was unable to continue servicing our vehicles effective FY 2005. Subsequently, several proposals were obtained from other fleet service providers. Hollywood had the best rates, convenient facilities and turnaround time. (The services they have rendered have been excellent.) When the agreement was originally brought before the Commission it was with the intention of replacing EVT with the City of Hollywood. Therefore, the amount of "not to exceed"figure was set forth as$75,000.00. However, Hollywood was able to provide more extensive service such as air conditioning and transmission to the vehicles and at a lower cost than the other vendors that the City engaged for those services, so management has decided to utilize the City of Hollywood for those services as well resulting in the exhaustion of the original approval amount. ��scal ImpactlCost Surmnary a �tm w Exhibits Attached Mom., � ,� _ .� ._ `��,�.. ` •,, �..�.� r, Resolution authorizing the expenditure of a sum not to exceed$75,000.00 for fiscal year 2006/2007 under an agreement with the City of Hollywood for fleet services relating to fire-rescue vehicle repairs and maintenance. Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Y X ti Authorized Signatures a Submitted by Christy Lee Blocker Date 12/19/06 Department Director Michael Cassano Date 12/19/06 tiR-k3irett'or �u�� c�.b•( a►.,-,r►��J�- Date 0212012cot, Finance Director Patricia Varney Date 12/20/06 City Attomey Thomas J. Ansbro Date 12/20/06 City Manager Ivan Pato Date 12/20/06 it Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-005 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE EXPENDITURE OF A SUM NOT TO EXCEED $75,000.00 FOR FISCAL YEAR 2006/2007 IN CONNECTION WITH THE PREVENTIVE MAINTENANCE AND REPAIR SERVICES AGREEMENT EXISTING BETWEEN THE CITY OF HOLLYWOOD AND THE CITY OF DANIA BEACH; 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 expenditure of a sum not to exceed $75,000.00 for fiscal year 2006/2007 in connection with the existing Interlocal Agreement between the cities of Dania Beach and Hollywood for Preventive Maintenance and Repair Services rendered by the City of Hollywood for Dania Beach Fire Department vehicles is approved. 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 adoption. PASSED AND ADOPTED on PATRICIA FLURY MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 07 CITY OF DANIA BEACH MEMORANDUM TO: Mayor and Commission CC: Ivan Pato, City Manager Patty Varney, Finance Director FROM: Thomas J. Ansbro, City Attorney DATE: December 21, 2006 RE: Renewal of City-Florida East Coast Railway "Lease of Space for Parallel Encroachment of Sewer Main" It is necessary to renew the terms of a long-standing lease arrangement between the City and the FEC, dating from the 1970's, which continues to give the City subsurface ri hts to use a portion of the railroad track right-of-way located between NW 3rd Street and NW 3` Place, for a 10 inch sewer main. In pertinent part, the Lease will provide for a three year term beginning on February 6, 2007; rent is payable at the rate of$2,025.00 for the first year, $2,225.00 and $2,450.00 for the second and third years, respectively. The remainder of the Agreement contains standard provisions required by the Railway. This is now ready for approval by the City Commission (via resolution). TJA:slw Attachment RESOLUTION NO. 2007-006 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO A LEASE AGREEMENT WITH THE FLORIDA EAST COAST RAILWAY, L.L.C. ("FEC"), FOR THE RENEWAL OF THE TERM OF A LEASE OF A SUBSURFACE PORTION OF THE FEC RIGHT-OF-WAY LOCATED BETWEEN NW 3RD STREET AND NW 3" PLACE FOR CITY USE OF A TEN INCH SEWER MAIN; 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 enter into a new lease agreement with the FEC railway pertaining to a subsurface portion of FEC railroad track right-of- way located between NW 3rd Street and NW 3`d Place for use by the City of a ten inch sewer main. Section 2. That the City Manager and City Attorney are authorized to make minor revisions to the Lease Agreement which are deemed necessary and proper for the best interests of the City. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4: That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on , 2007. PATRICIA FLURY MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2007-006 CERTIFICATE OF COVERAGE ISSUED ON 12/21/2006 Designated Member Administrator Producer City of Dania Beach Public Risk Underwriters PRIA-Lake Mary 100 West Dania Beach Blvd P.O.Box 958455 P O Box 958455 Dania Beach,FL 33004 Lake Mary,FL 32795-8455 Lake Mary,FL 32795 COVERAGES: THIS IS TO CERTIFY THAT THE AGREEMENT BELOW HAS BEEN ISSUED TO THE DESIGNATED MEMBER FOR THE COVERAGE PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE COVERAGE AFFORDED BY THE AGREEMENT DESCRIBED HEREIN 1S SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH AGREEMENT. COVERAGE PROVIDED BY: PREFERRED GOVERNMENTAL INSURANCE TRUST AGREEMENT NUMBER:PK FL1 006200106-05 COVERAGE PERIOD:FROM 10/01/2006 TO 10/01/2007 12:01 AM STANDARD TIME LIABILITY COVERAGE WORKERS' COMPENSATION COVERAGE Q Comprehensive General Liability,Bodily Injury,Property Damage and Personal ❑ Self Insured Workers'Compensation Injury Self Insured Retention Limit$1,000,000/$2,000,000 $0 Deductible ❑ Statutory Workers' Compensation Q Public Officials Liability ❑ Employers Liability Limit$1,000,000 $15,000 Deductible $1,000,000 Each Accident Q Employment Practices Liability $1,000,000 By Disease Limit$1,000,000 $10,000 Deductible $1,000,000 Aggregate Disease Q Employee Benefits Liability Limit$1,000,000/$2,000,000 $0 Deductible AUTOMOBILE COVERAGE Automobile Liability ❑ Law Enforcement Liability Limit$1,000,000 $0 Deductible Limit Q All Owned Autos PROPERTY COVERAGE ❑ Specifically Described Autos ❑✓ Buildings&Personal Property Q Hired Autos Limit Per schedule on file with Trust $2,500 Deductible tos Note: See coverage agreement for Betaits on wind,flood,and other deductibles Q Non-Owned sic � Automobile Physical Damage Q Rented,Borrowed and Leased Equipment Limit$50,000 TIV See Schedule for Deductible Comprehensive See Schedule for deductible Q All other Inland Marine Collision See Schedule for Deductible Limit$1,733,000 TIV See Schedule for Deductible 0 Hired Autos,with limit of $35,000 NOTE: The limit of liability is$100,000 Bodily Injury and/or Property Damage per person or$200,000 Bodily Injury and/or Property Damage per occurrence. These specific limits of liability are increased to limits shown above per occurrence,solely for any liability resulting from entry of a claims bill pursuant to Section 768.28(5)Florida Statutes or liability imposed pursuant to Federal Law or actions outside the State of Florida. Description of Operations/Locations/Vehicles/Special items: Certificate Holder is listed as an additional covered party per the attached PGIT 902 with respects to a lease of a 430 foot subsurface sewer main line lying in the FEC rail corridor in the northwest section of the City of Dania Beach. This section completed by member's agent,who bears complete responsibility and liabilit for its accuracy. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE AGREEMENT ABOVE. Certificate Holder CANCELLATIONS SHOULD ANY PART OF THE ABOVE DESCRIBED AGREEMENT BE CANCELLED BEFORE THE Florida East Coast Railway,LLC EXPIRATION DATE THEREOF,PREFFERRED GOVERMENTAL INSURANCE TRUST WILL ENDEAVOR TO MAIL 45 DAYS WRITTEN NOTICE,OR 10 DAYS WRITTEN NOTICE FOR NON- A Florida Limited Liability Company PAYMENT OF PREMIUM,TO THE CERTIFICATE HOLDER NAMED ABOVE,BUT FAILURE TO MAIL PO BOX 1048 SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE St.Augustine,FL 32085-1048 PROGRAM,ITS AGENTS OR REPRESENTATIVES. S�4/ S�� AUTHORIZED REPRESENTATIVE 10/03/2006 PGIT-CERT(08/05) THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY. AUTOMATIC ADDITIONAL COVERED PARTIES This endorsement modifies coverage provided under the following: PUBLIC ENTITY AUTOMOBILE COVERAGE PART PUBLIC ENTITY LIABILITY COVERAGE PART PUBLIC ENTITY PROPERTY COVERAGE PART Where indicated by (x) below, coverage applies to the person(s) or organization(s) as their interest may appear. The provisions in this endorsement do not supersede Florida Statute 768.28, Article 10 § 13 of the Florida Constitution, or any other Statute or law limiting whom a Public Entity can indemnify. X ADDITIONAL COVERED PARTY- BY CONTRACT, AGREEMENT OR PERMIT SECTION 11 - WHO IS A COVERED PARTY is amended to include any person(s) or organization(s) (hereinafter called Additional Covered Party) with whom you agree in a written "insured contract"to name as a Covered Party, but only with respect to liability arising, in whole or in part, out of your operations, "your work"or facilities owned or used by you. The coverage afforded to the Additional Covered Party does not apply: (1) Unless the written "insured contract', agreement or permit was executed prior to the "bodily injury,""property damage,""personal injury"or"advertising injury;" (2) To any person(s) or organization(s) included as a Covered Party under this coverage agreement or by an endorsement made part of this coverage agreement. X ADDITIONAL COVERED PARTY-OWNERS OF LEASED EQUIPMENT SECTION II - WHO IS A COVERED PARTY is amended to include any person(s) or organization(s) (hereinafter called Additional Covered Party) with whom you agree in a written equipment lease or rental agreement to name as a Covered Party, but only with respect to liability arising out of the sole negligence of the Covered Party, and only while such equipment is in the care, custody or control of the Covered Party, or any employee or agent of the Covered Party. The coverage afforded to the Additional Covered Party does not apply to: (1) "Bodily injury"or"property damage"occurring after you cease to lease or rent the equipment; (2) "Bodily injury" or "property damage" arising out of any negligence of the Additional Covered Party; (3) Structural alterations, new construction or demolition operations performed by or on behalf of the Additional Covered Party; (4) Liability assumed by the Additional Covered Party under any contract or agreement; (5) "Property damage"to: (a) Property owned, used, occupied by, or rented to the Additional Covered Party; (b) Property in the care, custody or control of the Additional Covered Party or its employees or agents, or of which the Additional Covered Party, its employees or agents are for any purpose exercising physical control. PGIT 902(07 05) Page 1 Includes copyrighted material of Insurance Services Office, Inc.with its permission. X ADDITIONAL COVERED PARTY-MANAGERS OR LESSORS OF PREMISES SECTION 11 - WHO IS A COVERED PARTY is amended to include any person(s) or organization(s) (hereinafter called Additional Covered Party) with whom you agree in a written agreement to name as a Covered Party, but only with respect to liability arising, in whole or in part, out of the "premises"leased to you by such person(s) or organization(s). The coverage afforded to the Additional Covered Party does not apply to: (1) "Bodily injury' or "property damage" occurring after you cease to be a tenant in that "premises;" (2) 'Bodily injury" or "property damage" arising out of any negligence of the Additional Covered Party; (3) Structural alterations, new construction or demolition operations performed by or on behalf of the Additional Covered Party; (4) Liability assumed by the Additional Covered Party under any contract or agreement; (5) "Property.damage"to: (a) Property owned, used, occupied by, or rented to the Additional Covered Party; (b) Property in the care, custody or control of the Additional Covered Party or its employees or agents, or of which the Additional Covered Party, its employees or agents are for any purpose exercising physical control. Notwithstanding any other provision of this agreement, nothing in this agreement shall be construed as a waiver of the Covered Party's sovereign immunity nor shall any provision of this agreement increase the liability of the covered party, or the sums for which the covered party may be liable,beyond the limits provided in §768.28,Florida Statutes. PGIT 902(07 05) Page 2 Includes copyrighted material of Insurance Services Office, Inc.with its permission. CITY OF DANIA BEACH Agenda Item # 0071 Agenda Request Item Date of Commission Meeting: 1/9/2007 Adopt Resolution ® Adopt Ordinance(1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: } Requested Action (Idenfrty appropriate Actron orMotron)• ' h..�'-_: ,,�, .. ,in^••., .': ... 'x a. �3 ... .,.r,. c. ru '.fib, �r Allow contract with Florida Highway Products, Inc. (FHP) to resurface City streets and parking lots. Why Act" �sfVecessary 3 ax� ��fl v�•,w.« .! ,..,,,,z �3v3;1 .... '3� To continue and expedite City street and parking lot maintenance programs. 1. Tay yP 4 Yt 3 What'aActtonAccomphsft hesg0 MA .,.. :. y �., ,.... ,. . Provides contractor to resurface City streets and parking lots. Purchasing Requests ONLY w .. Dept: 4101 Public Services Streets Acct#: Amt: $297,000.00 Fund: General: ® Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: a "� r°.. '.' 1N l'N'� �Sumirna lactation/Background See memo a ; at >3il. - a nisi - ,adz ,at v Asa -`a A � Z FtSCai Impap, -qst - S,EXhbits Attached 3 „ ,,,, ,�; Resolution Memo Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 �3 wr 3 � �r �AuthOrizeftatureS Sign Submitted by Leo Williams Date 12/21/06 Department Director Dominic Orlando Date 12/21/06 HR Director Date Finance Director Patricia Varney Date 12/21/06 City Attorney Thomas J. Ansbro Date 12/21/06 City Manager Laurence Leeds Date 3 ( ��City Cler..k_. U3„s e .3 ^, ,z .a,?h3§1xa__... 5 1,Z 5. �. Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ z City of Dania Beach Department of Public Services 100 West Dania Beach Blvd Dania Beach, FL 33004 (954)924-3741 (954) 923-1109(fax) MEMORANDUM To: Mayor Patricia Flury Vice Mayor Robert Anton Commissioner John Bertino Commissioner Anne Castro Commissioner Paul A. Fetscher FROM: Ivan Pato, City Manager VIA: Dominic F. Orlando, P.E. Director of Public Services BY: Leo Williams, Public Works Superintendent Date: December 21, 2006 We are requesting approval by the Commission at the 01/09/06 meeting the purchase of road resurfacing services from Florida Highway Products, Inc. This is the same type of resurfacing we have used in the past few years and the product has proven itself in the areas we have resurfaced. This is a fairly new technique that incorporates a micro surfacing which is more suited to a lot of our roads now that we have basically resurfaced them all over the last 5-6 years. This way of resurfacing does away with sewer and water risers and elevation concerns and blends almost seamlessly into driveways doing away with milling necessities and the costs of such services. The new surface retains the darker color of new asphalt and does not fade like regular resurfacing.providing better visuals for striping and crosswalks for years to come. The cost of this service is generally less then regular resurfacing but this product generally lasts longer then regular resurfacing and is far less pothole prone while providing a smoother surface. The product is in use throughout the Country and includes such users as F.D.O.T., Palm Beach County and the City Of Plantation. We will use existing money budgeted in Public Services this year for road projects as well as CIP funds to assist Parks with their projects. RESOLUTION NO. 2007-007 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE ROAD RESURFACING SERVICES IN AN AMOUNT NOT TO EXCEED $297,000.00 IN FISCAL YEAR 2006-2007, FROM FLORIDA HIGHWAY PRODUCTS, INC. UNDER PALM BEACH COUNTY BID 03/04-06; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection 0), authorizes the City Manager to purchase supplies, services, equipment and materials for the City government in amounts in excess of $15,000.00 without competitive bidding and without advertisement for bids if he is authorized to do so in advance by a resolution adopted by the City Commission; and WHEREAS, the City Manager has determined that it is necessary to purchase road resurfacing services for City uses; and WHEREAS, the Commission has approved two capital projects in the FY 2007 budget for the paving of the P.J. Meli Parking Lot and re-striping and seal coating of the Beach parking lot; and WHEREAS, the City Manager has determined that such road resurfacing services can be purchased at the least cost to the City from Florida Highway Products, Inc., under Palm Beach County Bid 03/04-06, a copy of which is attached and made a part of this Resolution as Exhibit «A,,. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the proposal from Florida Highway Products, Inc., for the purchase by the City of road resurfacing services in an amount not to exceed $297,000.00 in Fiscal Year 2006- 2007, under Palm Beach County Bid 03/04-06, a copy of which is attached and identified in Exhibit "A", is approved and the City Manager is authorized to pay Florida Highway Products, Inc., for such services from the General Fund Budget and the Capital Projects Fund Budget. 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 , 2007. PATRICIA FLURY MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2007-007 C- Xl tf� 1T 11411 MEMO IV E ST P.,i-�,f B,:,'ICH OFFICE OF j�.; r OFFICE OF THE CITY ATTORNEY GR To: Lois J. Frail n3 From: Claudia M. McKenna, City Attorney Nancy D. Urcheck, Deputy City Attorne � 45 Date: November 17,2006 `� o, e�� ® c, File No.: 410.04-00424 ®� Re: Execution of Contract e Amendment No. 3 to the Annual Microsurfacing Contract l �` Florida Highway Products, Inc. $400,000.00 06.271 Transmitted herewith for your signature are two (2)original documents described above. The document has been reviewed and approved for legal sufficiency. You are authorized to execute these documents pursuant to the Procurement Code. After you have executed these documents, kindly forward the documents, along with this memo, to the City Clerk's Office. To: Blane Kathune,City Clerk From: Nicholas I. Igwe,Assistant City Attorney Transmitted herewith are 2 original documents executed by the Mayor. Please take the actions indicated below with respect to these documents: V Attest to the execution of the document by the Mayor: V Date the document as of the date of execution by the Mayor. (If dated by the contractor on the first page,strike through that date,write in the date of execution by the Mayor and initial). Leave the document dated as of the date written by the contractor. (Use this prior date as the contract/amendment date in the Bond, if checked off below). 6/ Performance Bond:Write in.the contract/amendment date in the spaces provided. e/ Labor& Materials Bond:Write in the contract/amendment date in the spaces provided. a/ Power of Attorney:Certification-Date the certification as of the date of the contract/amendment. The Mayor is authorized to execute the contract/amendment in accordance with: V Procurement Code. Procurement certification is attached. Commission Approval. Resolution No. The contract termination date is: February 24,2008 Please retain o e original as a public record and forward the other original to: Chandre McGee, Public Utilities 4e Street—Suite 15 e. CONTRACT AUTHORIZATION Procurement Process Compliance Certification This will certify that the undersigned department director or his/her designated representative has determined that the Contract(s) submitted for signature by the Mayor comply with the Procurement Code (the "Code") in the following respects: l. The project has been specifically described in the Budget with regard to the nature and estimated amount of the project 2. The project does not involve above ground changes to the City. 3. The amount of the Contract meets the budget requirements of the Code. 4. The Procurement Official has been provided with all necessary copies and or other documents necessary for maintaining the reports required by the Code. Jonathan Bramley, ng Services Director Date Public Utilities No. 7 Project Name: Annual Contract for Microsurfacing Amendment 3 Work Authorization No. Project No.: Various Number of Originals needing Signature 2 Contractor: Florida Highway Products,Inc. Contact Person: Nasim Taheri,Senior Project Engineer Extension: 1094 Attached: X Justification Memorandum Purchase Requisition/Change Order X Other: Amendment No. 3 Expenditure Detail Divisional Review: Fiscal Services ,Xf Project Manager N/A Senior Accountant/Accountant Division Manager Capital& Bond Fund Supervisor Fiscal Services Manager FARHewinTrojectsWnnual Contract Microsurfacing-Various\Amendment No.Mompliance Cert.doc 11/7/06 E, tiST p 04 � v � MEMO OR>9�' Engineering Services Department To: Lois J. Frankel, Mayor Three: Jonathan Bramley, Director of Engineering Services Ott r From: Nasim Taheri, Senior Project Engineer Subject: Request for Approval of Amendment No. 3 to the Annual Microsurfacing Contract with Florida Highway Products, Inc. to renew the Contract for Final Term and Price Adjustment. Date: November 7, 2006 Annual Microsurfacing Contract with Florida Highway Products, Inc. was executed by the Mayor on February 25, 2004 for a twelve (12) months term. Amendment No. 1 to renew the contract for an additional year and revised the rate schedule by 11% executed by the Mayor on March 31, 2005. Amendment No. 2 to renew the contract for an additional year and revised the rate schedule by 15% was executed by the mayor on January 31, 2006. Amendment No. 3 to renew the contract for the final term and increase rate schedule by 7% as ,requested..by,Florida-Highway,Products, Inc. due to the rapidly escalating cost of raw materials, and based on the August, 2006, Produced Price Index (PPI) for Street and Highway Construction. The City desires to amend the Cost Schedule to reflect the increase in the unit prices for the remainder of the contract, effective the date of execution of the contact by the Mayor. Pursuant to Section "4", the term of the Contract will be renewed for the Final Annual Term, commencing February 25, 2007, and will expire February 24, 2008. The anticipated value of this contract for the remaining term is , 88:-The funds for Amendment No. 3 will be provided through various accounts. _�t k �J Go. D Nut The streets selected for the microsurfacing improvements may be increased or decreased at the City's discretion. The City Small Business (SB) Division established an SB goal of 4% for this project. Florida Highway Products, Inc. will be providing 4% Small Business participation for this project. "An Equal Opportunity Employer" It is requested that the Mayor approve and execute the attached two (2) originals of Amendment No. 3 where designated and return the entire submittal to the attention of Chandre McGee, Lead Contract Specialist, Engineering Services Department. Attachments: Amendment No. 3 (Two Originals) cc: Joe Piazza, Capital and Bond Fund Supervisor Nora Laudermilk, Purchasing and Contract Manager Ben Couden, Senior Accountant 0 J AMENDMENT NO. 3 TO THE ANNUAL MMICROSURFACING CONTRACT °'*= A Sealed Bid No. 03/04-06 THIS AMENDMENT NO. 3 TO THE ANNUAL MICROSURFACING CONTRACT ("Amendment No. 3") is entered into by and between the CITY OF WEST PALM BEACH ("City") and FLORIDA HIGHWAY PRODUCTS, INC., a Florida corporation, located at 3900 U.S. Highway 17 North, P.O. Box 928, Bartow, Florida, 33831 ("Contractor"). WHEREAS,the City entered into the Annual Microsurfacing Contract,dated February 25, 2004,with the Contractor to perform various roadway microsurfacing projects,on as needed basis; and WHEREAS,Section"4"of the Contract provides that the Contract maybe renewed for three (3) additional one (1) year periods and specifies for adjustment of the unit prices listed in the Schedule of Bid Items, Exhibit "4", for renewal terms, pursuant to the Consumer Price Index for Highway and Street Construction; and WHEREAS,pursuant to Section"4",the initial term of the Contract expired on February 24, 2005; and WHEREAS, on March 31, 2005, the City renewed the Contract for an additional one (1) year period("Second Annual Term")and increased the unit prices specified in the Schedule of Bid Items in accordance with the provisions of the Contract; and WHEREAS, on January 31, 2006,the City renewed the Contract for an additional one(1) year period ("Third Annual Term") and increased the unit prices specified in the Schedule of Bid Items in accordance with the provisions of the Contract; and WHEREAS,due to the continued increase in costs related to road construction materials, the Contractor has requested further increases in the unit prices of the Contract; and WHEREAS, the City desires to renew the Contract for an additional one (1) year period ("Final Annual Term") and further amend the unit prices of the Contract, subject to the terms and conditions contained herein. AGREEMENT In consideration of the foregoing recitals, the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Contractor hereby agree as follows: 1. Recitals. The City and Contractor hereby acknowledge and agree that the recitals set forth in this Amendment No. 3 are true and correct in their entirety. 2. Contract. All references to"Contract"shall mean the terms and conditions contained in the Annual Microsurfacing Contract, dated February 25, 2004, as amended by Amendment No. 1, Florida Highway Products, Inc. Annual Microsurfacing Contracts-Amd.No.3 10312006 Amendment No. 2 and this Amendment No. 3. 3. Term. Pursuant to Section "4", the term of the Contract is hereby renewed for the Final Annual Term, commencing February 25, 2007, and expiring February 24, 2008. 4. Schedule of Bid Items—Exhibit 4. Effective upon the full execution of this Amendment No. 3,the Schedule of Bid Items as reflected in Exhibit "4" of the Contract is hereby amended to reflect the increases in the unit prices, as set forth in Exhibit "3-A", attached hereto and incorporated herein by this reference. The Contractor agrees to honor the unit price rates specified under this Amendment No. 3 through the expiration of this Contract and shall not seek any additional rate increases under this Contract. 5. Compensation. The anticipated value of this Contract for the Final Annual Term shall not exceed the sum of Four Hundred Thousand and 00/100 Dollars($400,000.00). The City reserves the right to increase or decrease the anticipated value as necessary to meet actual requirements. The City does not guarantee any minimum amount of work, or the extent of services required. It is understood and agreed that the City's obligation to pay under this Contract is contingent upon an annual appropriation for its purposes by the City Commission. 6. Effect of Amendment. Except to the extent the Contract,is modified by Amendment No. 1, Amendment No.2 and this Amendment No. 3,the terms and provisions of the Contract shall remain unmodified and in full force and effect. 7. Construction. In the event of a conflict between the terms of the Contract, as amended by Amendment No. 1, Amendment No. 2 and the terms of this Amendment No. 3, the terms of this Amendment No. 3 shall govern and prevail. [Remainder of page intentionally left blank] Florida Highway Products,Inc. Annual Microsurfacing Contracts-Amd.No.3 10312006 IN WITNESS WHEREOF, the City and Contractor have executed this Amendment No. 3 as of the date and year written below. CITY OF EST ALL B A ATTEST: .Z /. - .. By: City Clerk Lis J.Vankel, Mayor Dated: <-v' j 2006. F:\utilities\agreements\amend\Ih-microsurf-amd3.doc 410.04-00424NII CITY ATTORNEY'S OFFICE Approved as to form and legal sufficie cy By: k %k Date: 1 —D FLORIDA HIGHWAY PRODUCTS, INC. By: "L-7 i -.io, Print Name: Title: 'PA- Florida Highway Products, Inc. 3 Annual Microsurfacing Contracts-Amd.No.3 10312006 � m } } } y } zJLLLLLLLL EXHIBIT E 0 COU) fnfl) F- s � -1J _IJ � 4 -A ;u aL a �► t CL 1 6 , 8c ® VWO r CN Z O V)C L. 4J.6 a �� i����ds664�60 D m I_ w US mm a 0 0 0 0 0 0 0 0 0 0 0 � a - I- F- � � � � � � � r- tip • C � � (DcoU)< LLLL 0 d � CAS JJ _IJlLLl1I E C Q C) C r � C C ee V) OCAOO CR � N � .. � mCLA CD C Nor EN N cn . ® Q 60,661% 61*6M4 6%6,%6,% 06 co ® N ) E � o � � � � � � aeaeaR3E � ae ® C o 0 0 0 0 0 0UA ® E o00000000000 u� to Un u� u� u) Lo uo u w Lo to C 0 .0 ui ui ui W) ui ui ui ui u; ui u6 ui C O c EE0 r r r r r r r r r r r r d iL L _ (� .� COY. ticoC7COOCOON 000 C4ORO a 9 i+ y f� r tY U 61% 61 i N 643, 4 r-- �O V (n a+ N 64 69 69 E9 69 64 E9 64 69 QoEo oeo oho 0 ?.. �• O r r r r r r r r r r r Q r.l o d a " V 0 C CL m � L- m za p C } } } } } zJLLLLLLU. d a` &0 &0 � F- < J -IJJW u O OM C Qa IsClt)Lo A OCDt4 . t 6% �N64V r NrCO V 64 69 Cp W CDP C) 4 co co co O 2 rn M m oo oo 0 9LO o NLO OCD0 O CV m cmOp � � c r > 4) Cj r �' u) O rL O .. w V i h U O oym � La c c c c c — o c O c o cc o m a tm = o C%J CD ocaicaicbic6ia .29—: n0 `v ' N N E E E C� ti O p m � r - � , F- LLDZLL -6 OO � V> > - m a� _ U) of C.)Co ZD a 2 r N Cl) 'V u1 CD 1- 00 0) CD eN- ` ' ✓tal"44„ L.uvvi 3ldusucs uaia Page 1 of 1 r artment BB ®f Lab®® •, , ✓, a? ' k Bureau of Labor Statistics Bureau of Labor Statistics Data www.bis.gov -A Advanced Search I A-Z Index BLS Home I Programs&Surveys I Get Detailed Statistics Glossary ' What's New I Find It! In DOL Change Output From: 1996 To: 2006 Options: ❑include graphs NCI More Formatting Options Data extracted on:September 21, 2006(9:33:38 AM) Producer Price Index Industry Data Series Id: PCUBHWY--BHWY-- Industry: Highway and street construction Product: Highway and street construction Base Date: 8606 Year Jan Feb Isar Apr May Jun Jul Aug Sep Oct Nov Dec Annual 1996 119.9 119.8 120.6 122.0 122.6 122.0 122.0 122.3 123.0 123.5 123.8 124.0 122.1 1997 124.6 124.7 124.2 124.3 12'4.5 124.4 124.2 124.9 125.0 124.9 124.9 124.3 124.6 1998 123.8 123.4 123.0 123.6 124.0 123.9 124.0 123.4 123.6 123.6 123.3 122.3 123.5 1999 122.8 122.6 123.3 125.4 125.9 126.0 126.9 128.1 129.0 128.8 129.6 130.7 126.6 2000 132.0 134.0 136.0 135.6 135.8 137.6 137.1 136.6 138.9 138.5 138.4 137.3 136.5 2001 137.8 138.2 137.4 138.5 139.9 138.8 136.6 137.0 138.4 135.4 134.1 132.4 137.0 2002 132.9 132.4 132.7 133.3 133.8 133.9 134.1 134.2 134.4 134.4 133.9 133.7 133.7 2003 134.7 135.7 136.8 137.1 137.0 136.9 136.7 136.9 136.8 136.7 137.1 137.2 136.6 2004 140.5 141.2 142.5 145.2 147.9 147.0 149.2 150.5 151.8 155.5 155.4 152.0 148.2 2005 154.3 156.5 160.4PI(P) 162.4I(P) 163.7 167.6 170.0 176.1 180.8 173.1 173.4 166.8 2006 177.5 1175.9 179.4188.3190.2 191.9 193.4 �P) �P) P : Preliminary. All indexes are subject to revision four months after original publication. Frequently Asked Questions I Freedom of Information Act I Customer Survey Privacy & Security Statement 0 Linking to Our Site ! Accessibility U.S. Bureau of Labor Statistics Postal Square Building Phone: (202) 691-5200 2 Massachusetts Ave., NE Fax-on-demand: (202) 691-6325 Washington, DC 20212-0001 Data questions: blsdata staff0b1s aov Technical (web) questions: webmasterohis goy Other comments: feedback(&bls aov ,., r. MW MM Florida Highway Products, Inc. P.O. Box 928 - Bartow, FL 33831 3900 US Highway 17 N. - Bartow,FL 33830 (863)533-7881 - FAX: (863)533-4404 October 9, 2006 Nora W. Laudennilk, CPPB Procurement Official City of West Palm Beach Purchasing 1045 Charlotte Ave. West Palm Beach, FL 33401 Re: Bid No 03/04-06 Annual Microsurfacing Dear Ms.Laudennilk: We would like to summit the following price adjustment for your consideration. This escalation is based on the Procedures Price index for Street and Highway Construction. Due to the rapidly escalating cost of raw material costs we have had to project this index for the remainder of the contract. We appreciate our long standing relationship with the City of West Palm Beach. Thank you for your thoughtful consideration of this escalation. Very jTruly Yours, Robert H. Ma and President iva1ic V6iLifif5 ��rr� OCT 10 7006 a�JYGNEERING SERVICE' www.florldahighway.com Email:Admin@FloridaMighway.net U �20 RL9� Small Business Division Tel. (561) 822-2100 Fax(561) 822-1275 Small Business Program Recommendation Report Instructions: Use this form when a company/firm is being recommended for an award of contract,a change order,or a purchase order. Department Directors and/or their designees are responsible for the completion of this form.Complete this form by filling-in the information requested in Sections 1,and Section li(for contract award)or Sections II and III(for Change Order).Submit this form to the Small Business Division for approval.You can e-mail to Carolyn Paul-Haswell as attachment in Lotus Notes. SECTION I. General Information User Department Engineering Services Project Name Annual Microsurfacing Contract-Amendment No.3 Sealed Bid, RFQ,WA,or Requisition No. SB 03/04-06 Recommended ContractorNendor Florida Highway Products, Inc. Is the recommended company a certified SB? No Did any SB bid this project? TNo Prepared By: I Robin Hewitt Date: 1 11/1/2006 SECTION II. Contract Award -Attach a Letter of Intent(Form SB 07)for each company listed below. Total Contract Amount $1,000,000.00 Established SB Goal 4 If No Goal was established,check with an X Awarded SB Goal 4.00 _ SB Subcontractors SB Contract Amount Percent SB Office Use This contract will consist of work orders, $0.00 0.00 FHP will use Wynn&Son Environmental $0.00 0.00 for overall participation of 4%. $0.00 0.00 $0.00 0.00 Wynn&Son TBD 4.00 $0.00 0.00 $0.00 0.00 $0.00 0.00 $0.00 0.00 $0.00 0.00 Total Awarded SB Subcontract $0.001 4 SECTION III. Change Order on Contracts -Attach copy of the Change Order Change Order Num. Previous Total Contract Amt. Change Order Amt. Revised Total Contract Amt. SB Subcontractors SB Contract Amount Percent SB Office Use $0.00 #DIV/0! $0.00 #DIV/0! $0.00 #DIV/0! $0.00 #DIV/0! $0.00 #DIV/0! $0.00 #DIV/0! $0.00 . #DIV/0! $0.00 #DIV/0! $0.00 #DIV/0! $0.00 #DIV/0! Total Awarded SB Subcontract $0.00 #DIV/01 Form SB 08 Oct00 TP,gr `' ; 04 F4 v x �LOR1�� :>. RISK MANAGEMENT COMPLIANCE CERTIFICATE AND INSURANCE CERTIFICATES PROJECT NO. Various PROJECT: Annual Microsur€acing Contract-Amendment No. 3 This is to certify that I have reviewed the required Insurance Certificate(s) submitted by the Contractor for the above Project, and find that the Contractor has furnished to the Owner such Certificate(s)of Insurance by companies acceptable to the Owner and the Engineer with regard to type and amount of coverage, as well as form of notice, as stipulated in the General Terms and Conditions., s Ann-Marie Sharpe, Ris Manager City of West Pal Beach, Florida This day of , 200 BMOD68 aim X: m mch iasucaoce as is at36tded those This certificate is executed O Mn"�htm:s Certificate of Iosttrance wd d not amend tatmd or alto the coverage 1Ui!as is iu.d as a mans of ink only and confess�n9lb upon YOU the cauficate��.This mtifi:�s not an iusmtmce policy dre titans listed bebw. is to certify that(Name and address of Insured) FLORMA HIGHWAY PRODUCTS INC Lib ervtX 3900 US HWY 17 N Mutualm BARTOW,FL 33830 the listed pofi�y(us)�mbjea to all that terms.exetasims and eced�na and is o the iss m date of this certificate,insured by�a c on m�tho policy(es) below. to� by may be bmsd is not attaod term or ooaditioa of rnnaart or°�daa»nmt Limits of Liability Elf Da s Po Nnmbe s Employers Liability E iration 1= Coverage afforded Under WC law of Continuous* the following states: Bodily Injury By Accident Extended. Eacb Acddent X Policy Term Bodily Injury By Disease Policy Limit Bodily Injury By Disease Workers Compensation Each Person O8/01/2006/Og/Ol/2007 TB1------ 650-026 General Aggregate-Oilier than Prod/Completed Operations $2,000,000 General Liability ProduddCompleted Operations Aggregate PI IDLIC UTILITIES sl°0°�0 Per Claims Made Bodily Injury and Property Damage Liability tpctnrrentee X Occtmencx $1 000 000 Per person/ IMF - 2 2006 Personal and Advertising InjuryOrganiza lion _ . ENGI ERING SERVICES Other Liability Other Liability 08/01l2006/0M I/2007 AST-121-091650-016 Each dent-Single Limit-B.L and P.D.Combined l Automobile Liability Each Person Ix Owned Each Acddent or Occurrence Hired Each Accident or Occurrence . °CANCELLATION CLAUSE DOES NOT APPLY TO NON-PAYMEM OF Y=AmuM°-- 0 - WHENREQUIRED BY WRiTFN CONTRACT:THE CITY OF WEST PALM BEACH MTM M ADDITIONAL INSURED WITH REGARD TO GENERAL LIABILITY M RESPECT TO WORK PERFORMED E N ' T n'8 not be natifw aamrany of S vn7l be notified if c�'a'se is ter�nsted ce reduced before tha cutifirnse expiration date. Iloweve.you s -if the espy date is matinnous or extendedtens,Y� the eoatianadm oieovemse that he/she is fntn 6 a 8caud against au m+ma,submit,m apt or files a daioa wnminio@ a fatie Of Special Notice-Ohio:Any pasou who.with i�to da£tmd a lmow jag cenmd m-locel mica producer. dewpdve stafanam is g u'lty of knowco trend• have any gnele,a need kfor a about this cacficate tar any reason,please impactnt cnfotmatiou to Florida policyholders snd a holdets:m the event You bal sales office wading address may also be obtained by calling this number, sv6ose name and mpg i number �m the tower 14 corner of"cati5eaa•The data the Y ud er reduce ibe t atfa AW the above Notice of cancellati� (sot applicable misers a number of days i+mteted behnr)•Before the stated espaaim policies unW at least 30 days notice of such cancefia6-has been ma0ed to: Office; TARRYTOWN.NY-COMM MKTS Phone 9 1 43 3 2-9 770 SUSAN RYAN Certificate Holder. Authorized Re resentative CITY OF WEST PALM BEACH ENGINEERING SERVICES DEPT PO BOX 3506 WEST PALM BEACH, FL 33402-3506 Date Issued 07/26/2006 Prepared By: DG Policy Number: Date Entered: 5/2/2006 �ACOR F. CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY( PRODUCER Advanced Comp THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 2525 Drane Field Road, Ste. 3 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lakeland, FL 33811 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (863)646-3332 456 INSURERS AFFORDING COVERAGE NAIC i! INSURED Florida Highway Products, Inc. INSURER ABrid field mwl2yers Insurance Co an INSURER B 3900 U S Highway 17 North INSURERC: Bar tow, FL 33831 INSURER D INSURER E THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. tNSR ADMPOLICY NLHABER POLICY FIVE POLICY TI LIMITS TYPE F INSURANCE GENERAL LIABILITY EACH OCCURRENCE f COMMERCIAL GENERAL LIABILITY PREMISES fEe ocarrence f CLAIMS MADE OCCUR WED EXP(Any one Person) PERSONAL R ADJ INJURY f GENERAL AGGREGATE S G ENWL AGGREGATE LIMIT APPLIES PER: PRODUCTS.COMPIOP AGG S POLICY M PRO LOC AUTOMOBILE UABILnY COMBINED SINGLE LIMIT f (Es eaidem) ANY AUTO ALL OWNED AUTOS BODILY INJURY f (Per person) SCHEDULED AUTOS HIRED AUTOS BODILY INJURY f (Par amdmQ Pmlcumm NON-OWNED AUTOS PROPERTY DAMAGE f (Par acodwm GARAGE LIABLITY AUTO ONLY-EA ACCIDENT f ANY AUTO I� p F NO i �ER THAN EA ACC f AGG f EXCESSAINBRELLA UABRJTY 17 EACH OCCURRENCE f OCCUR n CLAIMS MADE AGGREGATE f f DEDUCTIBLE f RETENTION f - f WC STATIJ OTH- WORIMRS COMPENSATION AND EMPLOYERS'LIABILITY E.L.EACH ACCIDENT f 500,000 A ANY PROPRIETORIPARTNEWEXECUTNE 0830-29826 2/1/2006 2/1/2007 OFFICERWEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE f 500,000 It yes,describe under 500,000 SPECIAL PROVISIONS belowE.L.DISEASE-POLICY LIMIT f OTHER DESCRIPTION OF OPERATIONS)LOCATIONS I VEHICLES)EXCLUSIONS ADDED BY ENDORSEMEWTI SPECIAL PROVISIONS McKenzie fax# 561-805-6676 Engineering Dept fax# 561-494-1116 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 13E CANCELLED BEFORE THE EXPIRATION City of West Palm Beach DATE THEREOF,THE ISSUING INSUIWR WILL ENDEAVOR TO MAIL 30 DAYS WRrrTEN Engineering Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 1000 45th Street, Ste. 15 IMPOSE NO 08MA17ON OR LIABILITY OF ANY FOND UPON THE INSURER,ITS AGENTS OR West Palm Beach, FL 33407 REPRESF3ITATNES. AUrNORQED REPRESENTATIVE DLckay' rielding Dicke ACORD 25 (2001/08) 0 ACORD CORPORATION 1988 o4tr:?1 usin,t F<srms B-,ss Pkis software nww FormsBoss cam:Impressive Publishing 8M208-1977 OCT.31.2006 11:24AM NO.149 P.10 CITY OF WEST PALM 13 ACH PAymE+NT AND FEQkZ ,A1�TCE BOND FRONT PAGE This is the front page of the performance/payment bond issued in compliance with Florida Statute Chapter 255.05 Surety Name: WESIGESM FARE DaRqU appAff 436 WAIIVUI' S= RaLADELRn, PA. 19106 Bond Number. KO 75 14 03 7 Contractor Name: Florida Highway Products,Inc. 3900 US Highway 17 North Bartow, Fl. 33331 Owner Name*.,-- City of West Palm Beach 200 2"'Street West Palm Beach,Fl. 33402 Project Number: Various Project Description: Annual Microsurfacing Contract Project Address: Various Locations, within the City of West Palm Beach. Legal Desodption of Property: This is the frontpage of the bond. All other pages are subsequent regardless of the pre-printed numbers. BOND NO. KO 75 14 03 7 PERFORMANCE BOND (This Bond meets and exceeds the requirements of Florida Statutes Section 255.05) STATE OF FLORIDA } COUNTY OF ) SS: KNOW ALL MEN BY THESE PRESENTS that we, FiMMA BYWAY CIS, FC• 3900 US AICHWAY 17 NYM BARKU FL. 33831 as Principal hereinafter called the Contractor, and WESICHESHR FIRE Ilm3J?ANM 03WANY as Surety, are held and firmly bound unto the City of West Palm Beach, Florida, as obligee, (hereinafter called the City), in the Penal sum of M HUNIM THOUSAND 00/100 Dollars, ($400 000.00 ) for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents. WHEREAS, the Contractor, on the _3 day of ?1.t-t , 200 l , entered into a certain contract with the City, hereto attached, which Contract is made a part hereof by reference thereto. NOW THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH,that if the Contractor shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of said Contract, and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, then this obligation shall be void; otherwise to remain in full force and effect. WHENEVER the Principal is declared by the City to be in default under the Contract,or whenever the Contract has been terminated by default of the Contractor,the City having performed the City's obligations thereunder, the Surety shall: l. Complete the Contract in accordance with its terms and conditions, or at the City's sole option. 2. Obtain a Bid or Bids for submission to the City for completing the Contract in accordance with its terms and conditions,and upon determination by the City and the Surety of the lowest responsible Bidder,arrange for a Contract between such Bidder and the City, and make available as work progresses (even though there should be default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph)sufficient funds to pay the cost of completion less the balance of the Contract price; but not exceeding,including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof.The term"balance of the Contract price"as used in this paragraph, shall mean the total amount payable by the City to the Contractor under the Contract and any amendments thereto, less the amount properly paid by the City to the Contractor. Perfonnance Bond Page 1 of 3 No right of action shall accrue on this bond to or for the use of any person or corporation other than the City named herein or the successors or assignees thereof. The Surety shall and does hereby agree to indemnify the City and hold it harmless of, from and against any and all liability, loss, cost, damage or expense, including reasonable attorneys' fees, engineering and architectural fees or other professional services which the City may incur or which may accrue or be imposed upon it by reason of any negligence, default, act and/or omission on the part of the Contractor,any Subcontractor and Contractor's or subcontractor's agents,servants and/or employees,in,about or on account of the construction of the work and performance of said Contract by the Contractor. The Surety expressly agrees to be bound by all terms and conditions relating to liquidated,delay and time or impact related damages, and is responsible for any and all warranty obligations or damages as a result of latent defects or deficiencies in the work performed under the Contract Documents incorporated herein or as provided for by Florida law. The Surety waives all rights against the City and any of its agents and employees for damages or other causes of loss by the Surety's performance of its obligations under the performance bond, including claims by the Surety against the City for costs it asserts were not warranted by these Contract Documents and excluding only such rights as the Surety shall have to proceeds of such a insurance held by the City,,as fiduciary. This waiver of subrogation shall be effective as to a person of entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise,did not pay the bond premium directly or indirectly,and whether or not the person or entity had an insurable or suretyship interest in the property allegedly damaged. This bond shall remain in full force and effect for such period or periods of time after the date of acceptance of the project by the City as are provided for in the Contract Documents, and the Contractor hereby guarantees to repair or replace for the said periods all work performed and materials and equipment furnished,which were not performed or furnished according to the terms of the Contract Documents.If no specific periods of warranty are stated in the Contract Documents for any particular item of work,material or equipment,the Contractor hereby guarantees the same for a minimum period of five(5)years from the date of final acceptance by the City of the entire project. Any suit on this bond must be instituted within such period or periods as may be provided by law. Perfonnance Bond Page 2 of 3 IN WITNESS WHEREOF,the above bounden parties have caused this Bond to be executedby their appropriate officials on the 13 day of n�cr BER PRINCIPAL: Florida Highway Products, Inc. (Affix Signature of Authorized Officer Seal) ATTEST: Title Secret 390o US HICWAY 17 NOM Business Address BAR'IDW, FL. 33831 City State SURETY: IlUBANM C M TD t urety (Affix _:::: y-i Fact Seal) ATIl71tNEY IN FACT 4x S.7�T TA m CTiDTTi T' Business Address M ADIIRIIA, PA. 19105 City State Countersigned By Resident Florida Agent Or Surety (Attach Copy of Agent's current License as issued by State of Florida Insurance Commissioner) Name of Local Insurance Agency Perfonnance Bond Page 3 of 3 ACKNOWLEDGMENT OF PRINCIPAL IF A CORPORATION STATE OF `'�� +'A } COUNTY OF P' !- sc_ ss} On this f2 day of before me personally came /Z�, c;'_ 1i1 ,r�'`�`' to me known, who being by duly sword did depose and say that he/she resides at �� X %r-_ �tx-,� L— t rye-- y^Z 4 and that he/she is the A-'Bx a�4 � of the corporation described in and which executed the foregoing instrument/that he/she knows the seal of said corporation; that one of the seals affixed to said instruments such seal, that it was so affixed by order of the directors of said corporation, and that he signed his name thereto by like order. Foaooaeooaosoeoa anEnbwWWN ' NOTARYYlBLIC AC MENT O PRINCIPAL IF A PARTNERSHIP STATE OF } . COUNTY OF }ss.. On this day of before me personally appeared to me known and known to me to be one of the members of the firm of described in and who executed the foregoing instrument and he acknowledged to me that he executed the same and or the act and deed of said firm. NOTARY PUBLIC ACKNOWLEDGMENT OF PRINCIPAL IF AN INDIVIDUAL STATE OF COUNTY OF }ss.: On this day of before me personally appeared to me known and known to be to be the person described in and who executed the foregoing instrument and acknowledged that he/she executed the same. NOTARY PUBLIC ACKNOWLEDGEMENT OF SURETY STATE OF New York} COUNTY OF Nassau }ss.: On NOVEMBER 13,2006 before me personally came DIANA P.ALESCI to me known who, being by me duly sworn, did depose and say that he/she resides at 255 Executive Drive Plainview, New York 11803, that he/she is the Attorney in Fact of WESTCHESTER FIRE INSURANCE COMPANY the corporation described in and which executed the foregoing instrument; and that he/she signed his/her name thereto by order of the Board of Directors of said corporation. ROSANNE CALLAHAN NOTARY.PUBLIC STATE OF NEW YORK NO. OICA602444 NOTARY PUBLIC QUALIFIED IN SUFFOLK COUNTY COMMISSION EXFIRIgS MAY 10 °7 Power �� WESTCHESTER FIRE INSURANCE COMPANY 1173721 Attorney '277252 Know aU men by these presents:That WESTCHESTER FIRE INSURANCE COMPANY,a corporation of the State of York,having its i principal office in the City of Atlanta,Georgia,pursuant to the following Resolution,adopted by the Board of Directors of the said Company on November 8, 1999,to wit: "RESOLVED,that the following Rules shall govern the execution for the Company of bonds,undertakings,recognizances,contracts and other writings m the nature thereof-. (1) That the President,any Senior Vice President,any Vice President.and Assistant Vice President.or any Attorney-in-Fact,may executofor mod on behalf of the Company any and all bonds•undertakings,recognize ces, contracts.and other writin thacto;and that the gs in the nature thereof;the same to be attested when.necessary by the Corporate Secretary,or Pay Assistant Cwpmaae Secretary, of the Comnd the send pany,asf the oAitomry 1nFau to so acute or attest to President.any senior Vice President.any Vice President a any Assistant Vice President may appoint end 8utl,oiim my other Offerer(eldted or appoint ,) the execution of all such writings on behalf of the Company and to affix the scat of the Company thereto. . (2) Any such writing executed in accordmrce.with these Rules shall be as binding upon.the Company in any came as though signed by the President and attested to by the Corporate Secretary. (3) The signature of the President,or a Senior Vice President,or a Vice President,I or an Assistant Vice president and the seal of the Company may be affixed by;rwzimile on any power of attorney granted pursuant to this Rtsolution,and the signature of a certifying Officer and the'"of the Company may be affixed by facsimile to any certificate of any such power,and any such power or certificate bearing such facsimite signature and seal I shall be valid and.binding on the Company. - - (9) Such other Officers of the Company.and Attamrys-lo-Fact shell Curve auUnority to certify or verify copies of this Resolution,the By-taws of dw Company.and my affidavit or record of the Company necessary to the discharge of their duties., - (5) The.passage of this Rewlotion does not revoke any earlier authority granmd by Resotutions:of the Board of Directors.' Does hereby nominate,constitute and appoint DIANA P.ALESCI,MARYLOU BROWN ROSANNE CALLAHAN,.ROBERT FINNELL, I . PETER HENRY artdRICHARD K. KAINZ all of the City of Plainview,State of New York,each individually if there be more than j.: one named,its true and lawfitlattomey in-fact,to make;execute,seal and deliver on its Behalf,and as its act deed any and all bonds.undertakings; recognizaricesj;contracis and other.writings.in,the natwe thereof in penalties not exceeding Five Million Dollars($5,000,000)and the execution of such writings in pursuance'of these presents shall be as binding upon said Company;as fuily and amply as ifthey had been:duly executed and ackowledged by I+i the regularly elected officers of the Company at its principal office. p Vice-President;has hereunto subscribed his.name and affixed the corporate seal of the I IN'WITNESS WHEREOF:the said Ste hetf M.Hant y, (i said WESTCHESTER FIRE INSURANCE COMPANY this 15th day of September 2006. WESTCHESTER FIRE INSURANCE COMPANY Stephen M.Haney:,:vice President IV COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA.:. ss bh this 1 Sth day of Septe�rtier A Dr:2006,before me,a 1Jotary Public of the Gominom+�ealth of Pennsylvania in and for,the County of Philaldeiphia came Stephen M.Haney;;Vice-President of the WESTCHESTER FIRE INSURANCE CbMPANY to rqe personally known to be the indtvtdual and j officer who executed Ihe.preceding instrument,andihe acknowledged that he executed the same,and that the seal affixed to the preceding instrument is the j corporate seal:`of said Company;that the said corporate seal and his signattire were duly affixed by;the authority and direction of the said corporation,and that Resolution;adopted by the Board of.Directors of said Company,referral to in the preceding uistrvment,is now is force. IN TESTIMONY WHEREOF,I have hereunto.set my hand and affixed my officlal;seal at the City of Philadelphia ffie day and year first above written:'` r t �y 'l '• NOTARIAL.SEp.L di7 ra, _ Kat#ilt :n Tirn I�lotary Putilic — { Pltiiadelphia -Philadelirhla County l�fr tr 7.Zf#?7 Notary Public $ `'; liLy ttlmt�tsssyoe e)tpires Sep I,the undersigned Secretary of WESTCHESTER FIRE INSURANCE COMPANY dodhereby certify that the original POWER OF ATTORNEY,of which the foregoing is a substantially true and correct copy is in full force and effect to witness.wiiereof,(have hereunto subscribed my name as Secretary,and affixed the corporate seal of the Corporation,this�_day of V : °; George D.Mulligan,Secretary THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN:]INCEPTION DATE AFTER September 15,2008:. ® roc oenv tic tore nnrnaautr t,ore va ornue ecnuo,ry cc wr+,nce ® r•.•T•••••• ^^^�^^"•^••••"""' WESTCHESTER FIRE INSURANCE COMPANY FINANCIAL STATEMENT DECEMBER 31,2006 ADMITTED ASSM $1.655,482,596 BONDS ART-TERM INVESTMENTS 93946, 5 STOCKS 118.946,85 0 0 REAL ESTATE 275,775 CASH ON HAND AND IN BANK 123,588,897 PREMIUM IN COURSE OF COLLECTION` 17.757,019 INTEREST ACCRUED 233.090,132 OTHER ASSETS $2,242.i30,509 TOTAL ASSETS LIAR IES RESERVE FOR UNEARNED PREMIUMS $427,660.175 RESERVE FOR LOSSES 1,297,014,793 RESERVE FOR TAXES 23,819,231 FUNDS HELD UNDER REINSURANCE TREATIES 0 OTHER LIASIUTIES (45,884.056)_ TOTAL LIABILITIES 1.702,610,143 CAPITAL SPECIAL SURPLUS 213,300.000 x � CAPffAL: 928:592 Sf TARES.$4.85 PAR VALUE- _ y_. .. ._. . _._ __. 16 CAPITAL: PAID IN 1, 8,3 206 SURPLUS(UNASSIGNED) 16 , 78,36 SURPLUS TO POLICYHOLDERS • ' TOTAL $2.242,630.509 (-EXCLUDES PREMIUM MORE THAN 90 DAYS DUE.) STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA John P.TayW,being duty sworn,says that he is Vice President of. Westchester Fire Insurance Company and that to the best of his knowledge and belief the foregoing is a true and correct statement of the said Company's financial condition as of the 31 st day of December,2005. Sworn before me this 13th day of April,2006. Vime P sident 0 ry Publ' Azvcommission a fires COMMONWEALTH OF PENNSYLVANIA Natedal Seal Danes®RA.Owden,Notwy Public CrtY Of PhUdeWiA PtAadWla Camiy MY Oxwniwg torpi w Oct 21,21)09 109mbor,Pennsyl-nla Association of Notaries CITY OF DANIA BEACH MEMORANDUM TO: Mayor and Commission CC: Ivan Pato, City Manager Patty Varney, Finance Director FROM: Thomas J. Ansbro, City Attorney DATE: January 3, 2007 RE: Legal Services Provided by the Weiss, Serota Law Firm; Proposed Compensation (Hourly Rate) Increase Attached is a copy of a September 28, 2006 letter received from Jamie Cole, managing partner of the Broward office of the Weiss, Serota law firm. It seeks a first-time increase in the hourly rate for legal services, from $150.00 to $180.00 an hour, to be effective retroactive to January 1, 2007. 1 have been successful in keeping the hourly rate at the $150.00 per hour rate for such services for many years. Actually, when my original law firm and I were appointed to replace the former City Attorney (Mr. Frank Adler who passed away in 1997), the rate was established at $150.00 per hour on February 11, 1998 and I have personally worked hard to keep it at that rate until the present time, nearly nine (9) years later. I have carefully considered the request and, I believe the request is reasonable. While it amounts to a $30.00 per hour increase, which is an increase of twenty percent (20%), the increase needs to be evaluated in light of the last nine (9) years. The annualized rate increase is approximately 2.2% per year for the nine year period, which is less than if the rate had been adjusted annually by CPI adjustments. The CPI adjustments for the nine year period are equivalent to a 23% increase. Knowing that you would want to know if the new rate is a fair and competitive "market" rate as compared to other Broward cities, I contacted Sam Goren, whose firm acts as City Attorney for Oakland Park, Lauderdale-by-the-Sea, Pembroke Pines, Tamarac, North Lauderdale, Lighthouse Point, Coral Springs, Wilton Manors and Boynton Beach. He confirmed for me that the proposed rate is very reasonable and he considered it to actually be below market rate at the present time. The rate is also consistent with rates charged by Weiss, Serota to its other municipal clients. Mayor and Commissioners January 3, 2007 Page 2 I believe you are aware that the law firm is used sparingly by me, for instances in which the City needs specialized assistance, such as the recent impact fees' ordinance, the adult use regulations, the updating of the sign codes and other zoning and land use matters which are typically somewhat sophisticated. Real estate assistance is also occasionally sought (e.g., the recent Victory Villas matter) and telecommunications, but I have no reason to believe that even with the proposed increase, the budget the City Commission approved for those services for Fiscal Year 2006-2007 will be exceeded. I therefore respectfully request your consideration of the matter (adoption of a Resolution). TJA:slw Attachment 2 RESOLUTION NO. 2007-008 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING AN AMENDMENT TO THE AGREEMENT FOR LEGAL SERVICES EXISTING BETWEEN THE CITY OF DANIA BEACH AND WEISS, SEROTA, HELFMAN, PASTORIZA, COLE & BONISKE, P.A. FOR THE PROVISION OF LEGAL SERVICES AS "SPECIAL CITY ATTORNEYS", SUCH AMENDMENT TO INCREASE THE HOURLY COMPENSATION FOR SUCH SERVICES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach Charter authorizes the City Commission to appoint "Special City Attorneys" who shall serve at the pleasure of the City Commission; and WHEREAS, the law firm of Weiss, Serota, Helfman, Pastoriza, Cole & Boniske, P.A. proposes to continue to provide specialized legal services to the City of Dania Beach under the terms and provisions of an agreement approved by the City Commission on October 14, 2003, attached to this Resolution as Exhibit"A"; and WHEREAS, the law firm has requested an increase in the hourly rate charged for such services, which would be the first increase in the hourly rate charged for outside legal services by that firm and its predecessor law firm, Brinkley, McNerney, et al., which rate has consistently been $150.00 per hour since February, 1998; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH FLORIDA: Section 1. That the agreement existing between the City of Dania Beach and the law firm of Weiss, Serota, Helfman, Pastoriza, Cole & Boniske, P.A. is amended to provide that legal services provided by the firm shall be subject to a hourly rate of $180.00 per hour instead of $150.00 per hour. Section 2. That the appropriate City officials are authorized to execute any document deemed necessary by the City Attorney to evidence the amendment. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect retroactive to January 1, 2007. PASSED AND ADOPTED on 92007. PATRICIA FLURY MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS, TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2007-008 t'- /1115/7- 111411 WEISS SEKOTA HELFMAN ��� `t 6Q60 ?-- M& PASTORIZA GUEDES COLE & BONISKE, P.A. ATTORNEYS AT LAW iAITCH£LL A.BIERMAN BROWARD OFFICE JENNIFER A.GOLDBERG NINA L.BONISKE 3107 STIRLING ROAD, SUITE 300 DOUGLAS R.GONZALES JAMIE ALAN COLE MARK B. KRAVITZ EDWARD G.GUEDES FORT LAUDERDALE, FLORIDA 33312 CHRISTOPHER F.KURTZ STEPHEN J. HELFMAN HARRIET R.LEWIS JOHN R. HERIN,JR. JAMIE ALAN COLE PETER A.LICHTMAN GILBERTO PASTORIZA . GARY I.RESNICK MANAGING SHARE H OLDER-BROWARD OFFICE KAREN LIEBERMAN MATTHEW H. MANDEL JOSEPH H.SEROTA BERNARD S. MANDLER' NANCY E.STROUD TELEPHONE 954-763-4242 MICHAEL J. MARRERO RICHARD JAY WEISS TELECOPIER 954-764-7770 ALEXANDER L.PALENZUELA-MAURI DAVID M.WOLPIN STEVEN W.ZELKOWITZ WWWWSH-FLALAW.COM MICHAEL S.ANTHONY L. RECIO RECIO MIAMI-DADE OFFICE MARK A. ROTHENBERG 2665 SOUTH BAYSHORE DRIVE •SUITE 420 THOMAS J.ANSBRO* MIAMI, FLORIDA 33133 DANA J. ROBIN ANA J.SCHIND LER LILLIAN ARANGO DE LA HOZ* TELEPHONE 305-854-0800 •TELECOPIER 305-854-2323 GAIL D.SEROTA* ALISON S.BIELER JEFFREY P.SHEFFEL MITCHELL J.BURNSTEIN MIA M.SINGH ELAINE M.COHEN *OF COUNSEL JOSE S.TALAVERA STEPHANIE DEUTSCH' SUSAN L.TREVARTHEN October 14, 2003 Honorable Mayor and Commissioners City of Dania Beach 100 West Dania Beach Blvd. Dania Beach,FL 33004 Re: Retainer Agreement with Weiss, Serota, Helfman, Pastoriza, Guedes, Cole & Boniske, P.A. Dear Mayor and Commissioners: On behalf of all of the attorneys at Weiss, Serota, Helfman, Pastoriza, Guedes, Cole & Boniske, P.A. (the "Firm"), I would like to take this opportunity to tell you how pleased we are that you wish to continue to engage our Firm to serve as "Special City Attorneys" for Dania Beach. We have greatly enjoyed providing legal services to the City, and look forward to many years of continuing service. Based upon our understanding of the will of the City Commission, this letter will amend and replace the terms of our agreement with the City, which was dated July 26, 2002 and effective October 1, 2002. This letter is intended to set forth our understanding as to the nature and scope of the legal services you have asked us to render for you, the amount of our fees for those services, the manner in which our fees for those services shall be determined and the terms upon which the City will make payment. 1. Nature of Legal Services. You have engaged us to serve as "Special City Attorneys" of Dania Beach, to provide legal services to the City as may be directed and authorized from time to time by you, the City Attorney or both. Honorable Mayor and Commissioners October 14, 2003 Page 2 of 3 2. Special City Attorney Services. The Firm will provide "Special City Attorney Legal Services" to the City at the rate of $150.00 per hour for all attorneys, together with applicable taxes, if any. It is our practice to charge for actual time expended on your behalf, but not less than 1/10 of an hour for each activity. "Special City Attorney Services" shall mean all legal services performed by the Firm for the City that are requested and authorized by you, the City Attorney or both. You, the City Attorney or both are not obligated to request any legal services and such services will only be rendered if requested and authorized. If the City or any City official is served with any lawsuits or claims that are or may be covered by any insurance policy, the City may request that the insurance company retain the Firm to provide a defense for the City at the expense of the insurance company. In addition, if the Firm represents the City on any matter as part of a group or a coalition of cities, there shall be a separate retainer agreement regarding such representation. 3. Costs. In addition to the fees discussed in paragraphs 2 and 3, we anticipate that certain expenses may be incurred and advanced on your behalf. These expenses may include filing fees, recording costs, out-of-town travel expenses, delivery charges, long distance telephone charges, photocopies, special postage (express mail, certified mail and the like), computer research charges, court reporter expenses (including costs of transcripts and court reporter fees for attendance), court costs (such as filing fees, service of process, newspaper publication costs, subpoena costs, witness fees, recording fees, etc.), accounting and appraisal fees, fees and expenses of experts necessary to assist in the preparation and hearing of your cases, investigation costs, word processing fees, computer charges and applicable lobbyist registration fees. In addition to our fees for legal services, you agree to pay us for such out-of- pocket expenditures. In the event unusually large costs or advances are anticipated, we reserve the right to require an additional cost deposit from you prior to undertaking the expenditures of funds on your behalf. 4. Payment of Fees and Costs. Our invoices for Specialized Legal Services will be submitted to you on a monthly basis and each invoice will be due and payable when rendered. If any invoice or payment remains unpaid for more than 60 days after it is rendered, we reserve the right, in our discretion (subject to court approval, if necessary), to cease to provide further legal services to you. The City will, however, be liable to us for the payment of any fees earned and any costs incurred by us to that time, together with any applicable taxes. In the event we are ultimately required to bring suit to collect any unpaid fees and costs, the City will be required to pay reasonable attorneys' fees as well as legal interest on the amount of any fees and costs due us, if awarded by the Court. You further understand that we have the right to retain any and all files, papers and other property coming into our possession in connection with our engagement without any liability to the City until we have been paid all costs, fees and interest due us under this agreement. You also agree to the imposition of a charging lien for any monies due us on all real and personal property that is preserved, protected or obtained as a result of the representation undertaken herein. Interest at the rate of 12% per annum will be added to any invoice which remains unpaid for more than 30 days after it is rendered. 5. _Termination of Representation. Either party may terminate this Agreement at any time by providing written notice to the other party. WEISS SEROTA HELFMAN PASTORIZA GUEDES COLE & BONISKE, P.A. Honorable Mayor and Commissioners October 14, 2003 Page 3 of 3 6. Representation of Other Clients. We are bound by rules of legal ethics not to represent any client if the representation of that client will be directly adverse to the interests of another client unless each such client consents to such representation after consultation. The Mayor shall have the authority, on behalf of the city, to consent to such representations, after notice to the City Commission, if the Mayor deems it to be in the best interest of the City. 7. Commencement of Representation. If the foregoing is agreeable to you, please acknowledge your understanding and agreement by signing this letter and delivering it to us. The prior agreement between the City and the Firm, mentioned above, but adjusted for the retainer fee pursuant to the 2003-2004 City Budget, shall remain in full force and effect until such time as the City Attorney begins to furnish legal services on an in-house basis. This agreement will become effective at that time, effectively replacing the prior agreement. We appreciate your confidence in our Firm and we assure you that we will make every effort to continue to perform our services in a prompt, professional and efficient manner. Very truly yours, WEISS, SEROTA, HELFMAN, PASTORIZA, GUEDES, COLE & BONISKE, P.A. By: r Jam' A. Cole- AGREED AND ACCEPTED on Zllvle1,�_ 12 r{ 2003. CITY OF DANIA BEACH A�% ; U By: Robert Antom,Mayor WEISS SEBOTA HELFMAN PASTORIZA GUEDES COLE & BONISKE, P.A. WEISS SEHOTA HELFMAN PASTOI3IZA COLE & BONISKE, P.A. ATTORNEYS AT LAW MITCHELL A. BIERMAN PAUL S. FIGG BROWARD OFFICE NINA L. BONISKE CHAD FRIEDMAN MITCHELL J. BURNSTEIN 200 EAST BROWARD BOULEVARD TARA L. GOULD JAMIE ALAN COLE SUITE 1900 GREGORY A. HAILE STEPHEN J. HELFMAN JOHN J. KENDRICK III GILBERTO PASTORIZA FORT LAUDERDALE, FLORIDA 33301 KAREN LIEBERMAN* MICHAEL S. POPOK JOHANNA M.LUNDGREN JOSEPH H. SEROTA TELEPHONE 954-763-4242 ANDREW W. MAI SUSAN L.TREVARTHEN MATTHEW H. MANDEL RICHARD JAY WEISS TELECOPIER 9 5 4-7 647 7 7 0 ALEXANDER L. PALE NZUELA-MAURI DAVID M.WOLPIN WWW.WSH-LAW.COM CHRISTINA PRKIC MIAMI-DADE OFFICE JOHN J. OUICK LYNN M. DANNHEISSER 2665 SOUTH BAYSHORE DRIVE •SUITE 420 ANTHONY L. RECIO IGNACIO G. DEL VALLE MIAMI, FLORIDA 33133 SCOTT A. ROBIN DOUGLAS R. GONZALES TELEPHONE 305-854-0800 • TELECOPIER 305-854-2323 GAIL D.SEROTA* JONATHAN C.SHAMRES ESTRELLITA S.SIBILA MELISSA P.ANDERSON* 'OF COUNSEL EDUARDO M.SOTO LILLIAN ARANGO DE LA HOZ" MICHAEL L. STINES JAMES E.BAKER JOSE S.TALAVERA JEFF P.H.CAZEAU September 28, 2006 STEVEN E.TAYLOR RAOUEL ELEJABARRIETA JAMES E.WHITE Thomas J. Ansbro, Esq. City Attorney City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, FL 33004 Re: City of Dania Beach representation Dear Tom: Our firm has had the honor to represent the City of Dania Beach for the past seven years. When the firm was first retained by Dania Beach to serve as City Attorney, we agreed to provide legal services at the discounted rate of$150 per hour of attorney time. As you are aware, the discount was based to a large extent on the fact that the Firm would be providing a large amount of legal services to the City. Even though costs have continued to rise and, as a result of the change to an in-house city attorney structure, we are now doing substantially less work for the City, that rate has not been increased. As uve discussed, the Firm needs to increase the hourly rate for the City to $180 per hour. At your request,we are delaying the effective date of the increase until January 1, 2007. We hope that you understand that this increase is necessary, and, when factored over the seven year period, equates to an annual increase of less than 2.5% per year. We have enjoyed providing legal services to the City, and look forward to continuing to do so. /'ry'truly urs, i Ja ie A. i` CITY OF DANIA BEACH Agenda Item #�. Agenda Request Item Date of Commission Meeting: 1/9/2007 Adopt Resolution ® Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued frrom: RequesfetiACtion {Icfenfity appro#�r[ate Arfionor Motion), 3 Approve expenditure of up to $6,600.00 for services from Sungard HTE, Inc for the Click2Gov online services for Building Permits. _AG ��n�is Mecesrla �;,' �•J.. h3 l fl 3 F' 3 > ,,,,, •,. .. .,, 3h 3 To provide online services for residents and contractors for Building Permits. These services include the ability to check the status of a permit, tracking plan reviews, scheduling inspections and reviewing the results of an inspection. / 71 1 what Action�AccomplisheS ... ,ci.a ,..c.>., vt.a 3 „x.: ,,.:�7�3331,1 ' ',. ......... .»::131�.1 „ta:3... To amend the original amount approved by the Commission for services provided by H.T.E. ,'� . ��t 'tea 1. Pu'�rahas�ng RequestsONLYF Dept: 1502 Comm Dev Building Acct#: Amt: $6,576.00 Fund: General: ® Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: E� l Capital: ❑ Summary Explan ation/B ackgrou nd s .M. ...,�.. ... ,. .. r. , €, .". ,..:..... "' a •ills, ,a .,..: _...�' This is part of an ongoing effort to expand the online services on the City's Website. The Click2Gov module provides a direct, real-time connection with the database for the Building Permits. This provides up to the minute information for the users of this service and provides these users with an alternative to either calling or coming to City Hall for these services. This connection is secured via a Verisign Digital Certificate and is linked directly from our website. FtS a131111p ctlCQSt Surn!p 1/3 . . �. 3 is� � ;• .. -,. . . ,! , . .., The funds for this service was budgeted. r h �a 3 Exhibits A ached � 3 { 01 MOP k .3.� Quote from HTE for setup and monthly services. Resolution. Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 NO �Author1zed Signatures � .. .....0 ..., O .. a ,n,.�„_ ......$.� '...uz€ :�, ,.3n`.. �...;.:. S�1a�3' '....,33 Submitted by Chuck Cook Date 12/22/06 Department Director Patricia Varney Date 01/03/07 Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 01/03/07 City Attorney Thomas J. Ansbro Date 01/04/07 City Manager Ivan Pato Date 01/04/07 Cil Clerk Use '• - -� �' 33 as Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-009 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE PROFESSIONAL SERVICES IN AN AMOUNT NOT TO EXCEED $6,600.00 FROM H.T.E. INC., FOR THE PURCHASE OF THE SUNGARD H.T.E. ASP PROGRAM "BUILDING PERMITS CLICK TO GOV ONLINE SERVICES", FOR MONTHLY ACCESS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the 2007 Community Development budget approved by the City Commission provided for the purchase of a "Click to Gov Building Permits On Line" services (the "Program"); and WHEREAS, the City of Dania Beach is currently using the H.T.E. ASP (Application Service Provider) software; and WHEREAS, a review of different providers resulted in the selection of H.T.E., 1000 Business Center Drive, Lake Mary, FL 32746, to provide the Program; NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Manager is authorized to purchase the "Building Permits Click to Gov Online Program" designated above in an amount not to exceed $6,600.00, with funding from the General Fund, from HTE, Inc.. Section 2. That the City Manager is authorized to purchase the corresponding professional services, specifically, monthly access in the amount of$548.00 per month, for a one (1) year period, and annual renewals necessary to support the application to be funded from the General Fund. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution shall be repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSEL) and ADOPTED on , 2007. PATRICIA FLURY MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2007-009 SUNGARW HTE INC. SunGard HTE Inc.Application Service Provider Agreement Schedule A-Order Form Customer Name: City of Dania Beach Ye Initial Order Form X Agreement Number: DANI-20030321-5 Replacement Order Form X Replaces Order Dated 1. Term:Begins upon full execution of this Schedule A—Order Form and expires commensurately with the expiration of the SunGard HTE Inc.Application Service Provider Agreement(ASP Agreement)dated October 1,2006,between SunGard HTE Inc.(HTE)and City of Dania Beach,FL(Customer). 2. Application Groups: Start-Up Fees and Monthly Access Fees Applications and/or Services Start-Up Fee Monthly Access Fee New Products Click2Gov Core Module(M),Click2Gov Building Permits $ 9,123,00 $ 548.00 (Not currently Licensed) (K3),Payment Engine(K4) Included in Included 3ra Party Products Verisign Digital Certificate Start-Up fee Above r: Included in Included in Hardware Click2Gov Server Start-Up fee Monthly Access Fee Setup,Implementation,Disaster Recovery Plan for Included in Included in Services SunGard HTE Applications. Start-Up Monthly fee Access Fee Total Proposed System $ 9,123.00 $ 548.00 *Start-Up Fee is based on use of HTE's Standard ASP Implementation Methodology. 3. Payment Terms: Start-Up Fee: Due upon execution of this Order Form. Monthly Access Fee: The initial Monthly Access Fee will be due on the first day of the month following sixty(60)days after the execution of this Schedule A-Order Form. Subsequent Monthly Access Fees will be due on the first of the month thereafter. Monthly Access Fees will be invoiced in advance on a monthly basis. Fees will be billed with current ASP Monthly Access Fees. Rates for subsequent years of service are subject to change. Travel and Living Expenses: Travel and living expenses are in addition to the prices quoted above and will be invoiced as incurred and shall be governed by the HTE Corporate Travel and Expense Reimbursement Policy. Travel and living expenses actually incurred in prior months for which SunGard HTE is seeking reimbursement,shall also be invoiced monthly. 4. Hardware: The Click2Gov Server shall reside at HTE's Lake Mary office. The Click2Gov Server is owned by HTE and is not the property of the Customer. This Schedule A-Order Form is entered into under the terms and conditions-of the SunGard HTE Inc.Application Service Provider Agreement between the parties dated October 1,2006,between SunGard HTE Inc.(SunGard HTE)and City of Dania Beach,FL(Customer). CITY OF DANIA BEACH,FL SUNGARD HT C. Authorized Signature A rg'j"Signature Vice President of Professional Service,SunGard HTE IOC. March 10,2006 Date Date ASP Agreemen4 Schedule A-Order Forth RANI-20030321-5 ASP Order Fom.doc VerI00404 Page I oft - 3/10/2006 n CITY OF DANIA BEACH Agenda Item # Agenda Request Database Date of Commission Meeting: 1/9/2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: 12/12/2006 �� r, / �' ��l!�cr �i�i C -:air'r ✓ c/// s ��s rrrr// r "" j , �r y U, Y t �RegUes#edAct�tor�, (Icle�itity approprtatect�c�n orMo opt)- �; � � ' , �.w.,,,' � ;,.,.. r RESOLUTION NO.2006-219 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY LEE S.VICKERS, FROM CHAPTER 28,"ZONING',ARTICLE 5.36,"WALLS, FENCES AND HEDGES", FOR PROPERTY LOCATED AT 112 NW 14TH WAY,DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. N4 ....,,�G.,1'~ ..w...._ ,..k,,utd�.rf/i..G�. ls. ,,,.,,._,,,,.,... 1.✓~ .�r.. ,,�r. w �i. i�,-:.,..,_.v,<�,. .�',v_....� � ,,.a' ,�.,<,.s ,,,. -.�_az ti, i ..,. ,u. ,..o. ,��//�, �hat Act►orri Accnm fishes � � ,! %� '. ,�/ //� �. � , � �' ,� ray E_w; s;Ja.J .,.:.,a;..t. ...,_..� .... ✓ �,.,�.0 za� �✓/.(..<.�...,.. .w✓�w,� u,...._.,_ .,-� , �� x!�/�vr_�? �,,,,„f�.�w., ,.� �uc,H. ,c ro.,k � PurchaSg Reg1,leStS '�.SLY / �� �/, !���i�?r��" r / � /✓/� ' ' //, � , . /'°�,,,,,, �'� a„ski w ...,,,, �%;.,d„�G.:�> ,,,..»k,,..__.,, ,,,:,,/w,,.,....,.:<d,: ,ua:,,✓r/.d.;.,;'.>. .L,,,w �//�/1�,._,,.. ,///icz,� ar.✓�-a';.. ,.il.%u„rio u6G,ue ,�':a .✓s„ �< j.„�..>. Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary ExplanatrortlBac grou d , � ;� � % 1 f,:; xr � VA-73-06: The applicant, Lee Vickers, is requesting a variance for the installation of a concrete wall located at 112 NW 14th Way. ',- ,, �O/ �" " Y/ "T' A?"" //l71 , / 7,W F7 ° ' "c^ / ! a/ FFU 1i(rnpcICt/COSt SUtlttltai�f ' w�x mn WV Exhibits Attached /i , ,.�<� ,,�� .,...,,,�.�,� �,.,.,r,,./i%C, �s,r,%//� k..,a;�;w'� Kati,=,.�,,,w,;,>��>.�,Y,.r�,✓/D,�,a..0 i.��,/ v��..,�_;<i�i,.,�s Resolution Staff Report Application Public Hearing Notice Site Map Mailing List Plans Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 a- , � -��,m,.a.�i12�'�.�,.�. ,«,3: „l/1,,,,,w ,,,.,,:- a .,, � w.,., ,,,.,.,,,-..,,.,-,>� � „�..,, ..:�� „�,;' ,,r ,✓r/i�„/Gli„�„�.,..,.'= ,,, .h-' '�.�i��n�.u,,..,�.,�n Submitted by Laurence Leeds Date Department Director Laurence Leeds Date HR Director Date Finance Director Date City Attorney Date City Manager Date IF /, ySitt�l Clerk/Ilse /,�/ Ad— Li ' Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2006-219 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY LEE S. VICKERS, FROM CHAPTER 28, "ZONING",ARTICLE 5.36,"WALLS,FENCES AND HEDGES", FOR PROPERTY LOCATED AT 112 NW 14TH WAY, DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, "Zoning", Article 5.36, "Walls, fences and hedges",prescribes the height requirements for walls,fences and hedges within the City of Dania Beach; and WHEREAS,Lee S.Vickers is requesting a variance(VA-73-06)from Chapter 28,"Zoning", Article 5.36,"Walls,fences and hedges",from the required height requirement to allow a maximum of a six(6)foot high fence in the front yard of property located at 112 NW 141h Way(a maximum of a four(4) foot high fence is allowed in the front yard); and WHEREAS,the Planning&Zoning Board on November 15,2006,recommended denial of the variance request,based upon the criteria set forth in Chapter 28,"Zoning",Article 4,"Schedule of lot, yard and bulk regulations", of the Code of Ordinances of the City of Dania Beach; NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain application VA-73-06, from requirements in Chapter 28, "Zoning",Article 5.36,"Walls,fences and hedges",of the City Code of Ordinances is approved with the following condition: 1) Applicant to install a six (6)foot metal picket fence along NW 14`h Way and along that portion of NW 1"Street located within the NW 141h Way building setback area(BSO recommendation pursuant to Crime Prevention through Environment Design ("CPTED") standards). 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 PATRICIA FLURY ATTEST: MAYOR-COMMISSIONER LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2006-219 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: January 9, 2007 TO: Ivan Pato, City Manager VIA: Laurence Leeds, AICP, Director SUBJECT: VA-73-06: Lee Vickers is requesting a variance to allow the installation of a metal picket fence that is 6 feet high in the required front yard (112 NW 141h Way). Code restricts. wall height to four feet in required front yards. The site is located at the north east corner of NW 14th Way and NW 1st Street. The applicant is building a 4,000+ square foot home on a 270 foot (NW 14th Way) by 105 foot (NW 1st Street) parcel. Survey attached. Applicant has amended his request, as is now proposing to build a 6' metal picket fence with concrete columns along NW 14th Way plus a portion of NW 1st Street within the NW 14th Way front yard setback. This is the area between the building and the NW 14th Way property line. The code limits maximum height of 4' since the entrance to the house is along SW 14th Way. The applicant is currently permitted to build a six foot wall along that portion of NW 1st Street not located with the NW 14th Way front yard setback area. PLANNING AND ZONING BOARD RECOMMENDATION On November 15, 2006 the Planning and Zoning Board recommended denial of the variance request. CITY COMMISSION PREVIOUS ACTION On December 12, 2006 the City Commission continued this item to January 9, 2007. STAFF COMMENTS Applicant's latest proposal meets BSO CPTED requirements. January 2, 2007 ��� �D JAN 0 1 7067 Planning Lee Vickers �epa tnent 601 N Ft Lauderdale Bch Bl #913 Fort Lauderdale, FL 33304 Regarding: 112 NW 14 Way Dania Beach, FL 33004 Dear Planning and Zoning: I have weighed out all the options and have decided to go with the original location and recommendation of the planning and zoning board by having all the fence that is in front of the 25 foot line be picket with columns. And would ask for just the part on the sides behind the 25 foot line be a wall. I understand that I have been very indecisive not knowing what to do and uncertain in the past where to ask to put the structure. I wanted to thank Corin and Larry for putting up with me and put this in as the final decision to be put toward the city. Thank you so much and have a happy new year. Sincerely, Lee Vickers KEN JENNE SHERIFF BROWARD COUNTY P.O. BOX 9507 IT. LAUDERDALE, FL.33310 DATE: November 8 L: (CJ. _ t� ;-a MEMO TO: Larry leads Growth Manager g l� NOV g 20G6 ' City of Dania Beach FROM: Rich Tarr Crime Prevention Unit SUBJECT: 112 NW 14 Way I reviewed the site plan for a request to install a six-foot concrete wall around the Property located at 112 NW 14m Way. After reviewing the plans I have no objections to a six-foot concrete wall on the south side of the property along NW 1 I St. however a concrete wall around the entire property would be contrary to C.P.T.E.D. The continuing fencing should be either chain link or wroug ht iron. I have no objections to concrete columns and twenty foot of fencing between each column. With the proper landscaping this would conform to C.P.T.E.D. for security and privacy. City of Dania Beach, Florida Department of Community Development Planning and Zoning Division General Development Application (954) 924-3645 ❑ Administrative Variance ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment El Plat D ❑ Plat Delegation Request ❑ Rezoning Date Rec'd: ❑ Site Plan ❑ Special Exception OCT 0 6 1006 Petition NO.: 13-06 ❑ Special Request ❑ Traff1cwraylNalver Planning Variance Vacation Request ®eparttnen$ ❑ other: THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required Documentation"checklist to determine the supplemental documents required with each application. For after the fact applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the City's Building Department. Location Address: 1`Z %,14 p Q�fiT' 'LIL Ie l-TWO �-Pl o-wf5i- A ao4�-`, LtD y to 106 Lot(s): v 3 Block: Subdivision: s�o , l r 14 _I Lk t Cam-w Recorded Plat Name: Av V 15,WE Pic c- w oo li-Last a Folio Number(s); 4Z-33')e -0Q,Ftil Legal Description: Z4 13 k-9 J ug is 7 To (r* �S 1 f4 3 JLpc 2 Qc W*tFS1 1`1►oclt pplic Consultant/Legal Representative (circle one)dal'. c,rv��-• _ Address of Applicant: _�V 1 �! ���) Q �C(t 9�Vk . i--- CA R 4;A L Business Telephone: Z Home: 3o T c) 3 ° I 9Z—._ Fax: `�S�I C��7 �0 Name of Property Owner: _ Lea_ S -I c yg-e-j Address of Property Owner:�o ct . �.� (q,�u� a C)12 Business Telephone: 3�j .q Q Z- Home: Fax:3 9 Z jE IL 7 J4 Explanation of Request: (0 �rf_2 Q-� �-� �}tAa sl f L � Prop. Net Acreage: Gross Acreage: Prop. Square Footage: Ui 7 FV Existing Use: _ YLtLa,j Proposed Use: 2- r. Is property owned individually, by a corporation, or a joint venture? I understand that site plan and variance approval automatically expires within 12 mo the of City Commission approval, pursuant to Ordinance No. 2005-040. 7 J),V,.'.L&� I Applica /Owner signature Print Name Date APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Consultant/Representative: This day of 20 Signature: Date: Sign Name of Notary Public (Print Name) State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. & Fax No. .INDIVIDUAL OWNER NOTARIZED SIGNATURE: T>rrto certify that I am the fee simple owner f subject la ds described above and that I have authorized ( lican ConsultanVilepresentative) C app application, to make and file the Sworn to and subscribed before me,, Owner: Lb— This NO day of ��_ 20��� Signature: Date: Sign Name of Notary P lic (Print Name) 5LaJtg of( P144(d ) Print Name of Notary Street Address, City, State and Zip Code y Cno Tres: 30T °I I g 3 Z 9 SNotary TAMMIE lAMEs Telephone No. & Fax No. ry PPub�lic--Slate of�JF/�lolrylyd�ammlulon ODJ1 iglpd By Notlonol Nota NlWn. October 5, 2006 Dr. Lee Vickers 112 NW 14 Way Dania Beach,FL 33004 Via- Myfflmaltorna305 491 9392 aol con OCT 0 6 2006 City of Dania Beach Pla n n n ® 100 W Dania Beach Blvd arten Dania Beach, FL 33004 954 924 3601 Dear Commission: You will find that the following conditions make it necessary to have a variance for the front wall of the property on 112 NW 14 Way to be 6 feet matching the 6 feet on the sides of the property. a) That special conditions and circumstances exist which are peculiar to the land structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. Since the backyard of the house on 112 NW 14 Way is actually on the side of the house due to the dimensions of the lot, it'is important to have the 6 foot fence for privacy, sanitation& dumping prevention, security, and to keep small children from jumping the short 4 foot fence and trying to swim in the pool that will be built. To be more specific the lot has been used as a dumping ground for old cars, old air conditioners, tires, glass containers,furniture, shopping carts, drug paraphernalia, beer bottles, condoms, and human waste all removed at the owners expense. Security has been compromised by numerous items stolen including a generator, concrete bags, concrete blocks,plywood, 2x4, shovels and graffiti being put along the backside of the house. The sherihas been called on numerous times for individuals trespassing on the property and has been labeled for this month to have increased drive bys from them. Also physical threats have been yelled from a man riding a bicycle stating, "Cracker go back to white town or 1 will kick you're a**. " And finally since the pool is on the side of the house, that area is similar to the back of the house where you can have the 6 foot wall. It is important to keep children from hazard around a pool area when unsupervised. b) That special conditions and circumstances do not result from the actions of the applicant. The lot proportions are inherent to the physical nature of the property. c) That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in this same zoning district. Since the backyard of the lot is on the side of the house and the backyard is allowed at 6 feet then it is just making up for the lot proportions being dtfferent. d) The literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the applicant. Due to the majority of the backyard being on the side it is a tremendous hardship with sanitation &dumping prevention, security, and to keep small children from jumping the short 4 foot fence and trying to swim in the pool that will be built. e) That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. Six feet is the minimal variance needed and it also goes along with the 6 foot all along the church next door. For congruency of the fence it is also important just for aesthetics to have the fence be as tall as the one next door. ,9 That the grant of the variance will be in harmony with the general intent and purpose of this chapter,and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. I have already handled the line of sight with a 45 degree angle as is recommended by the fencing rules. This fence also aligns and looks similar to the height of the one next door. It will also help the community with safety for children swimming unattended And will prevent illegal dumping on the lot which creates a health hazard or drug use in the area. Around the fence will be manicured and palm trees planted to create a truly nice environment for the neighbors. In conclusion the fence at the 6 foot height will help with sanitation& dumping prevention, security, and to keep small children from jumping the short 4 foot fence and trying to swim in the pool that will be built. It is also the same height as the fence which is next door adjacent to the property creating a standard and uniform look. Best of Life, Dr. Lee Vickers NODALCO ENGINEERING,INC. 10316 N.W. 55TH STREET SUNRISE, FLORIDA 33351 CLIENT: WATERVIEW PRECAST, INC. Mr. Lee Vickers Residence Northeast Corner of NW 14th Avenue and NE 4th Street Dania Beach, FL CONCRETE FENCE DESIGN ODALC0 ENG, ��/� NEISTRUCTU GINEERS � � AL P.E.#49285 10516 N.W.66 'STREET,SUNRISE,FL 33351 PH.(954) 74 512 FAX(954)741-3635 _..• ` " 318/318R-343 PART 7 STRUCi �JRAL PLAIN CONC�E . TE CHAPTER 22 -- STRUCTURAL PLAIN CONCRETE CODE COMMENTARY 22.'0 -- Notation 22.0 —Notation Ag = gross area of section, in.2 Units'of'Measurement are given'in the Notation to assist the At = loaded area, A2 = the area of thee lower base of the largest frus- user and are not intended to preclude the use of other cor- rectly applied units for the same symbol,such as ft or kip. tum of a pyramid, cone, or tapered wedge - con-tained wholly within the support and having for Its upper base the loaded area, and having side slopes of 1 vertical to 2 horizontal, In.2 b = width of member, In. bo = perimeter of critical section for shear in foot- ings, in. Bn = nominal bearing load; lb f� r specified compressive strength of concrete, psi. See Chapter 5 fC' = square root of specified compressive strength of concrete, psi tot = .average splitting tensile strength of lightweight aggregate concrete, psi, See 5.1.4 and 5.1.5 •h = overall thickness of member,In,. to = vertical distance between supports, In. Mn = no moment strength at section, InAb Mu = factored moment at section; inAb Pn = nominal strength of cross section subject to compression, lb Pnw = nominal axial load strength of wall designed by 22.6.5, lb ' Pu = factored axial load'at given eccentricity, lb S = elastic section modulus of section, in.3 Vn = nominal shear.strength.at section;lb Vu = factored shear force at section, lb Ao = ratio of long side to short side of concentrated load or reaction area = strength•reduction factor, See 9.3,5 22.1 — Scope R22.1 _,Scope 22.1.1 — This chapter provides minimum require- Prior to the 1995 code,requirements for plain concrete were .. ments for design. and construction of structural .plain set forth in 'Building Code Requirements for Structural concrete members (cast-in-place or precast) except In Plain Concrete (ACI 318,1-89) (Revised 1992):'Require- 22.1.1.1 and 22.1.1..2. ments for plain concrete are now in the code. I ACI 318 Building Code and Commentary COr'� COMMENTARY Z 4 22.1.1.1 — Structural `plain concrete basement R22.1.1.1�— Section 22.1.1'.1 exempts structural [ walls shall be exempt from the requirements for spe- concrete walls from the requirements for special expo vial exposure conditions of 4.2.2. conditions because of the numerous successful uses of c crefe with 28-day compressive strengths of 2500 and 3 psi in the basement walls•of residences and other in structures that did not meet the strength requirement! Table 4.2.2. 22,11.2,— -Design- and construction.,of soil-sup-: R22.1.1.2 — It is not within the scope of this*cod( ported slabs, such as sidewalks and slabs on grade, provide design and 'construction requirements for nonsti shall not be governed by the code unless they trans- tural members of plain concrete such as soil-supported sl mit vertical loads or lateral forces from other parts of (slabs on grade), the structure to the soil. 22.1.2 --- For special structures, such as arches, shielding walls, provisions.of this'chapter shall govern where applicable, 22.2 — Urhitations R22.2=—Limitation's 22.2.1 .Provisions of this chapter shall apply for design of structural plain concrete members. $ee 2.1. 22.2.2 — Use of structural plain concrete shall be Ilrrm- R22.2.2 and R22.2.3 — Since the stnictural integrity Ited'to (a), (b), or (c): plain concrete members depends solely on the properties the concrete, use of structural plain concrete membc (a).Members,that are continuously supported by soil should be limited to members that are primarily in a state or-supported by other structural members capable of compression, members -that can' tolerate random crac providing continuous vertical support; without detriment to their structural.integrity; and membf where ductility is not an essential feature of design.The to (b) Members for which arch action provides eom- sile strength of concrete can be recognised in design pressim under all conditions of loading; members. Tensile 'stie'sses due tb restraint from cree shrinkage, or temperature effects are to be considered a (e) Walls and pedestals. See,22.6 and 22.8, sufficiently reduced by construction techniques to avc uncontrolled cracks, or when uncontrolled cracks due The use of structural plain concrete columns shall not such restraint effects are anticipated to occur, they will r be permitted. induce structural failure. 22.2.3 - This chapter shall not govern design and Plain' concrete walls are permitted (see 22.6) without Installation of cast-in-place concrete. piles and piers height limitation. However, for multistory constructic embedded In ground. and other major structures, ACI Committee 318 encou ages the use of walls designed in accordanpe with Chapt 14(see R22.6). Since plain concrete lacks the necessary,ductility that colum should possesjs and because a random crack in an unreinforct column will most likely endanger its structural integrity, d code does not permit use of plain c6ncrete for columns.It do, ' allow its use for pedestals limited to a ratio,of unsupportc height to least lateral dimension of 3 or less(see 22.8.2). Structural elements such as cast-in-place concrete piles ar piers in ground or other material sufficiently stiff to provic adequate lateral support to prevent buckling are not covert by this code. Such elements are covered'by the gener building code. ACI 318 Building Code and Commentary COD �/ 318/31SR-345 COI VIENTARY 22.2.4--Minimum strength R22.2.4—Minimum strength Specified compressive strength of plain concrete to be A minimum strength requirement for plain concrete con- uped for structural purposes shall be not less than struction is considered necessary because safety is based given in 1.1.1. solely on strength and quality of concrete treated as a homo- geneous material. Lean concrete mixtures may not produce adequately homogeneous material or well-formed surfaces. 22.3 -- Joints R22.3--Joints 22.3.1 — Contraction or Isolation joints shall be pro- Joints in plain concrete construction are an important design. vided to divide structural plain concrete members Into consideration. In reinforced concrete, reinforcement is pro- flexurally discontinuous elements. The size of each vided to resist the stresses due to restraint of creep, shrink- element shall limit control excessive buildup of Internal age,and temperature effects.In plain concrete,joints are the stresses ,caused by restraint to movements from only means of controlling and thereby relieving the buildup creep, shrinkage, and temperature 6ffeets. of such tensile stresses.A plain concrete member, therefore, should be small enough, or divided into smaller elements by 22.3.2 — In determlning the number and location of 'joints, to control the buildup of internal stresses. The joint contraction or Isolation Joints; consideration shall be may be a contraction joint or an isolation joint.A minimum given to; Influence of climatic conditions; selection and 25 percent reduction of member thickness is considered suf- proportioning of materials; mixing, placing, and curing ficient for contraction joints to be effective. The jointing of concrete; degree of restraint to movement; stresses should be such that no axial tension or flexural tension can due to loads to which an element is subject; and con*- be developed across a joint after cracking, if applicable, a structlon techniques. condition referred to as flexural discontinuity. Where•ran- dom cracking due to creep, shrinkage, and temperature effects will not affect the structural integrity, .and is other- wise acceptable, such as transverse cracks in a continuous wall footing, transverse contraction or isolation..joints•are not necessary. •22.4— Design method R22.4—besign inethod Structural plain concrete members shall be. . designed for adequate strength In accordance with the Plain concrete members are, proportioned for adequate code, using load factors and design strength. strength using factored loads and forces. When the design strength is exceeded, the section should be increased or the 22.4.2 —Factored loads and forces shall be in combl- specified strength of concrete increased, -or both, or the nations as in,9.2. member designed as a reinforced concrete member in accor- dance.with the code. The designer should note, however, 22.4.3 Where required strength exceeds design that an increase in concrete section may have a detrimental strength, reinforcement shall be provided and the effect; stress due to load will decrease but stresses due to member designed as a reinforced concrete member In creep,shrinkage, and temperature effects may increase. accordance with appropriate design requirements of the code. ' 22.4.4 — Strength design of structural plain concrete R22.4.4--Flexural tension may be considered in design of members for flexure and axial loads shall be based on plain concrete members to sustain loads, provided the com-' a linear stress-strain relationship In both tension and puted stress does not exceed the'permissible stress,and con- comp.ressloh. structlon, contraction, or isolation joints'are provided to relieve the resulting tensile stresses due to restraint of creep, temperature, and shrinkage effects. A 22.4.5 —Tensile strength of concrete shall be permit- ted to be considered In design of plain concrete mem- bers when provisions of 22.3 have been followed. 22.4.6 — No strength shall be assigned to steel rein- r forcement that may be present. ACI 318 Building Code-and Commentary COD(. ( "OMMENTARY 22.4.7—Tension shall not be transmitted through out- side edges, construction. joints, contraction joints, or I� isolation joints of an individual plain concrete element. No flexural continuity due to tension shall be assumed between adjacent structural plain concrete elements. . 22.4.8 — When computing. strength in flexure, com- R22.4.8—The reduced overall thickness h for concrete cas bined flexure and axial load, and shear, the entire against earth is to allow for unevenness of excavation and fo cross section of a member shall be considered in some con,tamination.of the concrete adjacent to the soil. design, except for concrete cast against soif where overall thickness h shall be taken as 2 In.. less than' . actual thickness. i 22.5 -- Strength design R22.5--Strength design 22.5.1 — Design of cross sections subject to.flexure shall be based on I On Z•Mu (22-1) where i Mn _ 5 fC,S (22`2) If tension controls, and by Mn=0.85fc S (22-3) if compression controls, where S is the corresponding elastic section modulus. 22,5.2—Design of cross sections subject to.compres- R22.5.2 — Eq. (22-5) is presented to reflect the general sign shall be based on range of braced and restrained end conditions encountered in structural plain concrete elements. The effective length OPn? Pu (22-4) factor was omitted as a modifier of t , the vertical distance between supports, since this is conservative for walls with where Pu is factored load and Pn Is nominal compres- assumed pin supports that are required to be braced against slon strength computed by lateral translation as in 22.6.6.4. ( ll2 Pn = 0.60fe'C1 -132h) ]A., (22-5) 'where Al is the loaded area. 22.5.3 — Members subject to combined flexure and R22.5.3 — Plain concrete members subject to combined axial load in compression shall be proportioned such flexure and axial compressive load are proportioned such that on the compression face: that on the compression face: Pu 1OPn+ Mu IOMn 51 (22-6) P M a " + �f , S1 and on the,tension face: 0.60�fc'[I-r32h1�A1 0.85 ` S I Mu IS- Pu/A9 S 5 f� (22-7) ACI 318 Building Code and Commentary 4 t VICKERS RESIDENCE NODALCO ENGINEERING INC. (NEI) ASCE 7-98 WIND ANALYSIS AND DESIGN WATERVIEW-VICKERS RESIDENCE DESCRIPTION: EXTERIOR WALL DATE: October 3, 2006 DESIGN ASSUMPTIONS EXPOSURE: C ENCLOSURE CLASSIFICATION: OPEN WALL HEIGHT: 6.00 ft IMPORTANCE FACTOR: 1.00 WIND SPEED: 146.00 MPH Miami, Florida OCCUPANCY CATEGORY: II RELEVANT EQUATIONS MAIN WIND FORCE RESISTING SYSTEM (MWFRS) q = 0.00256 x Kz x Kzt x Kd x I X VA 2 Kz= Exposure Coefficient: 0 to 15 feet= 0.85 15 to 20 feet= 0.90 20 to 25 feet= 0.94 25 to 30 feet= 0.98. G =Gust Effect Factor: 0.85 Gcpi = Internal Pressure Coefficient= 0 Kd =Wind Direction Factor= 0.85 Kzt=Topographic Factor= 1.00 Cr= 1.20 Velocity Pressure q = 39.43 psf gGCf= 40.21 psf WATERVIEW 10/3/2006 DANIA BEACH, FLORIDA VICKERS RESIDENCE WALL & POLE DIMENSIONS WALL HEIGHT(h): 6 ft WALL LENGTH (L) 15 ft WALL THICKNESS(t): 5 in Moment(M„): LP, from post to post 13 ft Tributary Length, L,= 12.00 in w(Ib/ft)=qL,= 40.21 lb/ft M = (1/8)wLP2= 849.53 lb-ft 0.85 K-ft M, = 1.3M 1104.39 lb-ft (SEE FIG. 1-1) 1.10 K-ft Moment(M„)from ACI 318-02 Section 22.5.1: b= 12 in fc 4000 psi S = (1/6)bt2= 50 in' Mn=05fc1/2S 14231.25 lb-in 1185.94 lb-ft 1.19 K-ft Mu < �Mn O.K. WATERVI EW 10/3/2006 DANIA BEACH, FLORIDA % f NODALCO ENGT� ERING, INC. JOB: @� r STRUCTURAL ENGINEERS SHEET No.:—".'. FAG ../-/ OF �J CARLOS A.NODAL—P.E.#49285 CALCULATED BY: DATE: 6 D 10316 N.W. 55`h STREET;SUNRISE;PL 33351 CHECKED BY: DATE: Ph.(954)741-2572 Fax.(954)741=8635 SCALE:_ /V, T. S PRCCaST COCV(l�(J } 1 I GD.�-;UMN R-77) �. • � I4 ' II' I Fd I 5 T14-L P • >�REc,�s�• If � II if 11 tl PAN�-� Id r �O�vrnnJ. LI II. 4000 ps'E. II I i I I I f •• ,'I� .I I � �'' I I • ri II. r l �� tl 11 it II hvLt • II I� 1I � I r 11 I'F rr d II tf sECT1©r4 . �I II •II rd • II II lu II Ik. I I 14 I.I. • • IL II IM ICI . • : III • Ir I� �,I FICA 1- I ( VICKERS RESIDENCE o Design of Steel Beam inside Pole: w(lb/ft) =qL= 603.22 lb/ft M = (1/8)wh2= 2714.49 lb-ft 2.71 K-ft f= 36 Ksi S,�= M/0.6fy 1.51 in' W4x13 STEEL BEAM from ASD manual Section Modulus (S) = 5.46 in' (SEE FIG. 1-2) Required Depth Embedment for Pole: B, diameter of pole= 2 ft H, location of point load, P = 3 ft P, Point load on Pole = 3619.31 lb 3.62 Kip S1, soil resistance= 1500 psf D, embedment depth= (1.18P/BS,)[1 +[1 + (1.88BS,H/P))'/2] = 5.46 ft WATERVIEW 10/3/2006 DANIA BEACH, FLORIDA NODALCO ENG Zr ;E R1NG, INC: joB: STRIT�CTURAL ENGINEERS SHEET No.: FZG,,./—Z OF l Y El CARLOS A.NODAL—P.E.#49285 CALCULATED BY: 10316 N.W.55"STREET;SUNRISE;FL 33351 CHECKED BY: K' DATE: Z 2� Ph.(954)741-2572 Fax.(954)741-8635 SCALE:____ ). T T DATE: COLUM[r —c M u • b I� ONGR TC •C E PPLE II I f IF 11 Sroward Sheriff's Office Broward County, Florida ISO CASE NUMBER iEPUTY'S NAME IISTRICT N TELEPHONE t �y 2(o•Z 400 (See other side) S Y�- I OCT 12 inns planning Department .s s o o m � N Dep Sun-Sentinel OM Public Hearing Notices 5.NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH VA-73-06 NOTICE IS HEREBY GIVEN that a public hearing Me.4 NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH VA-73-06 NOTICE'• IS 111AL BY GIVEN that it public hearing%%ill he held before the City Commission on Tuc>d;},Dcecmbcr 12,2006 at 7:00 p.m.,or as soon therea(ier as possible,in the Commission Chambers in the City of Dania Rcac•h Administrltit c Center. 100 R'cst Dania Beach Illy d.,1):mia l3cach. Florida 33004,for the purpose of bearing any comments which might be made to the following request: VA-73-06-Request by Lee S. Vickers fur a variance to cunsuuct a six loot high fence in tlne front yard of property located at 112 N`V 1-1tlt 1N ay, Dania Beach.(Chapter 28,Zoning,Article 5.36 Walls,Fences and Fledges states that fences located between the front building line and the street righ(-ot=way line shall not exceed four(4)feet in height). Property is legally described as Parcel A: the south 200 Icct of the east 75 Icet ul'lol 8,of the revised plat o('block 6 and tract 13 oMcst Moorkind Revised,according to the plat thereof,as recorded in plat book 24,al page 38,of the public records of I3roward County,Florida. C'ohics ofthc proposed variance are available liar�icv.iuc in the Culnnttuiity Developntcnl f` iautna•:n!, 10011'c,1 Dania Ileach I:lkd.,Dania Beach, Florida between the poufs of 8:00 a.m.and 4:110 p.m.,Monday -Friday please call 195 1)924-. 645 (or more info n ation. Interested parties may uplicar at the public hearing and be heard t\ith ac>J,:et to tlw proposcul petilion. In accurd;u;cc I%i;h!!;:Aol'nie;uu With Di;abilitics Art, persons needing assistance to participate in any of'thcse proceedings should contact Louise Stilson.City (1:rk, 100 W. Dania Reach Blvd,Dania Reach.FL 33004,(954)924.3622,at least 48 hours prior to meeting. Any person who decides to appeal any decision made by the Planning and Zoning Advisory Board or the City Commission with regard to any matter considered at this meeting or hearing will need a record ul'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 based. Lou Ann Cunningham Planning Associate December 1,2006 .................. NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH VA-73-06 NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on Tuesday, December 12, 2006 at 7:00 p.m., or as soon thereafter as possible, in the Commission Chambers in the City of Dania Beach Administrative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing any continents which might be made to the following request: VA-73-06 - Request by Lee S. Vickers for a variance to construct a six foot high fence in the front yard of property located at 112 NW 14th Way, Dania Beach. (Chapter 28, Zoning, Article 5.36 Walls, Fences and Hedges states that fences located between the front building line and the street right-of-way line shall not exceed four(4) feet in height.). . Property is legally described as Parcel A: the south 200 feet of the east 75 feet of lot 8, of the revised plat of block 6 and Iract B of"West Moorland Revised," according to the plat thereof, as recorded in plat book 24, at page 38, of the public records of Browaid County,Florida. Copies of the proposed variance are available for viewing in the Community Development Department, 100 West Dania Beach Blvd.,Dania Beach, Florida between the hours of 8:00 a.m. and 4:00.p.m., Monday — Friday please call (954) 924-3645 for more information. Interested parties may appear at the public hearing and be heard with respect to the proposed petition. 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 meeting. Any person who decides to appeal any decision made by the Planning and Zoning Advisory Board or the City Commission 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 based. Lou Ann Cunningham Planning Associate Notice Date: Friday,December 1,2006 See reverse side for location map of property LOCATION MAP: This site FROM, RUQW: . t fit• Cfl C ; /5 O CO r N (D Y V 00 U_ 0 OD 04 17 CN op N NCO _ IT 0? � � Cr7 � r eMCMMMM � v- V- mm TI. 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(DM (D v- Mv_ (o � u:, w �' M (V M N to M to M M o O LL O O O LL O U'JJtJCI O O LL O O O Cl) M W (M CM M W M W M M f•(�,;::.b.�+`, MMJMMMJM MM Tra r� 1 -J -J Q J J J Q _.I Y J Cl) r;..�41r t L L L Q LL. W U. LL g W J z;,�f l ► "r = = W = = = W = W = � `;. 1 �; UU UUU L) _jL) mmsmmmgm0: mIR goQo zzir IrZ, � z � ¢ ¢ O ¢ QQOQg Q l� Q ❑ iLQQQtiQQg O ._N N o J Q 1 N C O S Q Q Q Q `° � 3: co ~ivNvWv = � E E _ UQZzC � : - x 0 , 3: ¢ z 0 w3z mLO IV V (ODvCO0 (DM01 'I- rN �- e- Na NNE CO U W o O Z cr W 0 wwwamov m m W O W J Q O -i g wmfnmQW wF- m "'� W2 WN JJJ c W WQWZQWLLZJ H03: > (� = Q � Ww � Jog � F- W J } m M m 2 m } U m Q � � c00000000000 m m lL 00 �- N co NtO 0 0 0 Q N NQ N9 O O9 O9 Q Q Q Q W C N N N N M M M M COMM m m m MM ('� MMMMMMMM O m MM (h (h (h (hth (hMMM co 0 - Cfi V OQ 0IO0tOLO00000 (69 D CITY OF DAIA BEACH Agenda Item # � . Agenda Request Database Date of Commission Meeting: 1/9/2007 Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: y%"r d u,,.,,,,.,,t; .�.„,<�, ...,,.,,;._,.� ..,,,, .,,,,,.�..,: :.�.m..<,.,,,,. .a.�..,., ix'.w,.' ,H..,.> ut,,,.,/✓�,� .,,,,,,,.;,<_ _s .✓,i. ,...„,`/'�v' ,,,�,.....u.,v.jl,.,.._ l �>,Y✓�.,G ;; Discussion and Possible Action -VC-88-06: The applicant, Gunster, Yoakley& Stewart, P.A., on behalf of the property owner, The Aragon Group, Inc. request a waiver of platting requirements in order to vacate unimproved NE 5 Avenue right-of-way between Dania Beach Boulevard and SE 2nd Street. �1Nhy'ACtiCf11 is Necessary M / 6 ✓ f /i .� � r/ ✓ /1� ri .,F, Aaa d ��i .,,.,1;�._.,. ,._�. �L., . .,.�_�,� �,. K,.�.6,�:... N,.,,�/ y, „�ir�.. .,, „_,r ,,,�FraF.,,,. �ary�,� r,,.�. .,�,i✓,.,,e F,� ,.f 3 Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ r The applicant has submitted a request to vacate unimproved road right-of-way for NE 5th Avenue between Dania Beach and SE 2nd Street. The request will allow the unimproved ROW to be incorporated into the Jai Alai Parcel in accordance with the City Commission approved development agreement. Before the applicant can proceed with the vacation, he must first request waiver of the platting requirement. rrr /, .t � _.. ✓ �v �,.:Ls��_.,� � �. ,c� r;.�,,,u�„.,,,,��� .,.. ,yam��.;: Staff Report Backup Items Application Parking Lot/Landscape Layout Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 �'"': � - l { � /Jj3 or✓//rii� �,� j ^-mom ' ' ,i"' %: ' "j w rr, / i r r� f� a �/'%',..� 1 ' Authar►xed;Signatures � �/,r ' Submitted by Laurence Leeds Date Department Director Laurence Leeds Date HR Director Date Finance Director Date City Attorney Date City Manager Date C►ty C1erk�Use � � j /r ;�� � //� / �G .. � � � � r/ , eaa ...,.a.,,,.° ;,,,.....�_..,u »_, „_, s_.»,»,x ..,,.,,�� ..,�....a�.us..,», ,.....<.,�„i� ,,.a /,µ.»......,,,,!/ ,,, .».r!.�i.<..,v<,,.. ,..,...r.:.��,.<..»,.moo <y .,.,,:C,.:,,,;i •� ,.,. �. Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ CITY OF DANIA (BEACH COMMUNITY DEVELOPMENT DEPARTMENT DATE: January 9, 2007 TO: Ivan Pato, City Manager VIA: Laurence Leeds, AICP, Director C� SUBJECT: VC-88-06: The applicant, Gunster, Yoakley & Stewart, P.A., on behalf of the property owner, The Aragon Group, Inc. request a waiver of platting requirements in order to vacate unimproved NE 5 Avenue right-of-way between Dania Beach Boulevard and SE 2nd Street. The applicant has submitted a request to vacate unimproved road right-of-way for NE 5th Avenue between Dania Beach and SE 2nd Street. The request will allow the unimproved ROW to be incorporated into the Jai Alai Parcel in accordance with the City Commission approved development agreement. Before the applicant can proceed with the vacation, he must first request waiver of the platting requirement. While NE 5th Avenue will ultimately be platted together with the rest of the site, the plat waiver is required because the property is not platted today. The right-of-way vacation reduces the off-set between from SE 5th Avenue and the new Jai Alai driveway where a 4-way traffic signal will be installed. The driveway location has been approved by the Department of Transportation (See attached letter) and the City Commission pursuant to the development agreement; including the following landscape treatments: 1) A 5 foot wide landscape buffer separating the Danian's parking lot from the Jai Alai driveway plus an additional 1 5' wide landscape buffer separating the Jai Alai driveway from the Jai Alai parking lot. 2) A 25' wide landscape berm separating the Jai Alai loading and service areas from unimproved Village Club Condo property. RECOMMENDATION: Approval, based on the City Commission Master Plan. �t FRONTON BOULEVARD < - R .. _ . -q 1 � � N U u < om m 3 : y 1 3 —� qF _J 1 5 n L AA (4 n °t T 4 yfjj• Sz V { - ng m r ym a - CA � sm m j 52 i 3� SE STH AVENUE i� _......_. _ ...... � -......_... a3 x ' E tyg \ O orWa De ►cwtment ' " Transportation lB-g BGSiiIJrstriet tour Permi ' ts C)f31N �R 7,S1'RTTLF,Itj JRr GOVERNOR, 3400 westCammcrctal Bouletiard,•FarCli.auderdalc;Florida<33309-3421 WkF.TAft4 Telco one 954-777-4383,Fay 954 677-7893 Tall-Fiec:'866-336-8435 ro;er.lalanne Moistate Plus, Septembcr t=t,2006 Ti1IS VRE-APPL ICATJON FINDING M1 ky NOT BE"USED AS A BASIS FOR,PERMIT APPROVAL AFTER SEPTEMBER 14,200.7 THIS DOCUMENT TS,NOT A PERMIT AITPROVAI mr.,'John J;tMcW'illiams,P.E. kimlcy-H'otn:and Associates,Inc.. 5200 NW.33 d Avenue Fort,Lauderdale,T1,33304 Dear Mr..Mc illiarrm RE: September 14,2606'I're-appL ieation RcvI Nv for Category E Vehicular Access Connection(VAC)' Browftrd County;Urban 44 thcarityo liania-Beach Reference Protect 228158-1,State Sccitori 8bU50,Statett*A1A,-Approz M.P:'6:993' Posted,Speed 40 nnph,,liccess Mass"5 Lto'cation:Frontotrl3oult vard&SE 5`h Avcnuc,,Nurth Side of State Road Al A Site.Acreage:25,Propased.Land Use:Gommerciat b4 plumSgyare,Footage:300 OO Applicant:Aragon Group,Property Owner:Aragon Group, Plat Name:Not platted Proposed Project-Name&Address; T?anta`Jai-Alai Casino,301:H'as0)anaa F3each Boulevard Your Request: VVAAC I: Ritght4n,right-out 244 feet east Fronton Boulevard. VAC 2: Rght n'r ht-out,left-in 614 feet east oFronton B outevardr C 3 ulaisgaized)948 feet;'at of FrontonBoulvardr OUR,FINDINGS:,based,on your request Arid your presentation of facts.. q. We approvethe!conceptas presented with the following conditions. Conditions: Ri fit turn lane at VAC 2-to he max►inized. I et turn°lane"to Fronton•Boutevartl"most be len thened based on-traffic.study. Throat depth tote 300 feet At Fronton B6ulevalr�and'S.E.:S,Avenue (NE.5 Avenue)and 100 feet at VAC1 and:VAC 2.. ' Right turn 14h6,,dM requjret!with permitted right turns wid must inMide bicycle Ictne;rvititix. - • Drainage mitigation is recc��aired SWPPP should be submitted with application • Dimensions,between,tVAGs�are measured from the;near edge of pavement;to-near edge of pavement unless.otherwisc indicated.Dimensions between median openings aze measured fro h ceateehne tb centerline unless otherwise ihdicate& $� Applicant provided; traffic study. T.tte purpose;of a l'ze-application Review is tb estabhst►;a eonceptuai agreement on the approximate locution and cafe o,y of VACS to'ilte"State h►ghway Ttiis;`document should be submitted with anj�"conhnued revtery and;with, permit applications and it becomes;aspart of any"ensuing approved pemnit.,Favorablerev}e.w"bfthe proposal generally,means,that;,yop.mafy,develq plans:comply ng wtttt►►the Review comments,andsubmit'them, _thin 12 months,to the Department.or perm► processing. When perzntt requests are'subrriitted;Department-permits personnel.have the duties of checking design plans•►n'terins of Depart.nent standa'rds'and constructib►lity Appticant- shor3Id be�aWare.thanagprove'd.r"' dixn openingsn►ay be closed or th fied.by`snbsequent",prQlects atihe sole.- discretion of the Department. You may eantacf"us at"the numbers or addresses"above. Thank you:for visiting with u Sincerely aer G.La e,.P.E.,M.S.C>E. Dis riot Permifs'Ehgirieer" RGL/ad. Cc B,etli Coe/Stan Williams Salia'Saroii/Lynda Veillette/1 dith Waters file; s",permit_d\ptrriits\conceptulBroivard\Aargon-.SR=ALA GunsterYOakle Our File Number: 27913-00001 Y Writer's Direct Dial Number: (954)713-6419 ATTORNEYS AT LAW Writers E-Mail Address:jcrowley@gunster.com November 27, 2006 i Angel L. Quant = - South Florida Regional Operations Manager TECO People's Gas 5101 NW 21 st Avenue, Suite 460 f Fort Lauderdale, FL 33309-2792 Re: Vacation of Right-of-Way more fully described in Exhibit "A" (the "PropertO Dear Angel: We represent Boyd Gaming Corporation ("Boyd") in its efforts to renovate and improve Dania Jai Alai (the "Facility"), located at 301 East Dania Beach Boulevard. Boyd has been working diligently with the City of Dania Beach (the "City") to ensure that the redevelopment of the Facility (the "Project")_ is acceptable to the City and its residents. On behalf of Boyd, we hereby request a letter of no objection from TECO People's Gas for the proposed vacation of a right-of-way in the City. Boyd seeks vacation of a portion of NE 5t" Avenue, which is more fully described in Exhibit "A" (attached hereto), in order to create a service entrance for the Facility. Access to the Facility will remain available for service or any other necessary activity. With this in mind, we now ask that you execute a "no objection" letter on behalf of TECO People's Gas, with your response both faxed and mailed to us. A stamped self- addressed envelope is enclosed. Should you require additional information, or have any questions with regard to the foregoing, please do not hesitate to contact us. Your immediate response is greatly appreciated. Sincerely, J f J ' 7 a 'e . Crowley JMC/jnd Enclosure cc: William R. Cary(via electronic mail) Don Hall, Esq. Heidi Davis, Esq. FTL 314165.1 Gunster,Yoakley&Stewart,P.A. Broward Financial Centre•500 East Broward Boulevard,Suite 1400•Fort Lauderdale,FL 33394.3076-(954)462-2000•Fax.(954)523-1722•www.gunster.com FORT LAUDERDALE • MIAMI • PALM BEACH • STUART • VERO EEACH - WEST PALM BEACH ucL-uo-cuuolrrci ) ul : an leco reoPtes .-as i rartners krHA)JU5 y44 did& I'. UU2/UO2 3 Y f f 1 )F'EOI�L�S SAS Transmittal Letter Eassmont & Right-of-Way Vacation Letter Date: December 8,2006 Heidl Davis Knapik- Gunster Yoakley 500 East Broward Blvd.Suite 1400 Fort Lauderdale, FI 33394 Subject: Vacation of Right-of-Way"Portion of Sec 34,Twp 50 South, Range 42 East. City of Dania Reach" (X) Gas has no facilities within the referenced area to be vacated and has no cti s to va "ion. Ange South Fiorlda Regional perations Manager ( ) Peoples Gas has facilities within the referenced area to be vacated, however, we have no objections to this vacation providing the applicant will pay for the relocation or replacement of these facilities, Angel L.Quant South Florida Regional Operations Manager ( ) Peoples Gas has facilities within the referenced area to be xacated which cannot be relocated for technical reasons, however, we have no objections to this vacation. providing a utility easement, as shown on the attached drawing, is incorporated in the re-plat Angel L. Quant South Florida Regional Operations Manager ( ) Peoples Gas objects to the proposed vacation for the following reasons: Angel L. Quant South Florida Regional Operations Manager ATLAS#C-26 PCOPLE9 OAS 0101 NW 21=T AVENUE, 6UITC 450 (077) 032.6747' FORT LAUDCRDALE. FL 33309-279:Z FAX (954] 453-0F,304 AN EQUAL oF-F-inwrUNITY COMPANY H•r'rF://WWW.TCCOCNCROY.COM City of Dania Beach Rescue d v, � o r Bureau of Fire Prevention � 100 W. Dania Beach Blvd. ° Dania Beach, FL 33004 9d ® � Office: (954)924-3656 Fax: (954)924-3733 December 18, 2006 Gunster, Yoakley, & Stewart, P.A. Attorneys at Law Post Office Box 14636 Fort Lauderdale, FL 33302-4636 Re: Vacation for a portion of N.E. 5 Avenue Dear Mr. Crowley: I have received your request to vacate the Right-of-Way for a portion of N.E. 5 Avenue to create a service entrance for the facility located at 301 East Dania Beach Boulevard, Dania Jai-Alai. The City of Dania Beach Fire Prevention Bureau has reviewed your request and has no objections for this vacation as fully described in Exhibit "A" of your submittal with the understanding that provisions will be made for Fire Department Access. In addition, this vacation must not interfere with the Fire Department Access road for the adjacent property to the East, known as "The Danians" Condominiums. If I can be of further assistance, please contact me at your convenience. Sincerely, Captain Sean Brown Fire Marshal Cc: Larry Leeds Michael Cassano Ken Land Ivan Pato Dec De 06 03: 04p Opp 9549243829 p. 2 • eroward sheort s Otn::e wb 2801 West Rroward Bo ievard Fort Lauderdale,Florid 33312 (954)831-8900 • wa v.shedff.or9 December 8,2006 Mr. Kanes Crowley I revi..:wed the site plan submitted to vacate a portion of NE 2nd►treet in the City of Dank.Beach to mitigate traffic impacts on the community.After review,I have no objea:ion to this request. I also reviewed the site plan to vacate a portion ofNE 51h Avenue which would be used has a!service entrance. I have no objection to this request. Z Sincerely, Achararrant District#2/Dania Beach t _ City Of Dania Beach E Department of Public Services Office of the Director November 28,2006 James M. Crowley,Esq. Gunter Yoakley& Stewart, P.A. 500 E. Broward Blvd. Suite#1400 Fort Lauderdale,FL 33394 RE: Vacation of Right-of-Way, Portion of NE 5ch Ave Dear Mr. Crowley, This letter is in response to your request for a No Objection Letter for the vacation of a portion of NE 5th Avenue more fully described in your Exhibit"A". We have no objections as long as the developer incurs all cost associated with the above mentioned vacation. Please contact me at(954) 924-3741 if you have any questions. Sincerely, Dominic F. Orlando,P.E. Director of Public Services cc: Corinne Lajoie, Principal City Planner Leo Williams, Superintendent Tom Ansbro, City Attorney P.O. Box 1708, Dania Beach, FL 33004 ' Phone (954) 924-3742 ' Fax (954) 923-1109 Florida Power& Light Company 4000 Davie Road Extension Hollywood, FL 33334 Phone: (954)442-6350 Fax: (954)442-6340 7 } November 27, 2006 If James Crowley Gnster, Yakley & Stewart Post Office Box 14636 Fort Lauderdale, FL 33302 Re: Vacation of Dania Jai Alai—N.E. 5`h Ave Vacation Dear Mr. Crowley: Florida Power and Light has reviewed the surveys of the property and has determined that Florida Power and Light has no objection to the vacation of the right of way on the portion of between NE 5`h Ave between E. Dania Beach Blvd and NE 2A St. The developer or owner shall be responsible for the cost of relocating the FPL utilities for and granting any additional required easements. Sincerely, Derek Fahey Florida Power and Light Customer Project Manager an FPL Group company a r Q comcast Regional Design Center- Engineering Department 2601 SW 14e Ave-Miramar, Fl 33027 Monday, November 301h, 2006 James M Crowley Gunster Yoakley&Stewart- Broward Financial Center 500 East Broward Boulevard, # 1400 Fort Lauderdale, FL 33394-3076 Re: Dania Jai Alai Right-of-Way Vacation N.E.5th Avenue Comcast ID: 1591 - Project Number 27913.00001 Broward County Dear Mr. Crowley: Please be advised, in reference to the Dania Jai Alai Right-of-Way Vacation N.E. 5th Avenue project, Project Number 27913.00001, Comcast has: XNO objections with the proposed Right-of-Way/Easement vacation. ❑ Existing/active aerial plant attached to the existing utility poles within the limits..of your project. Please, have the developer contact us to discuss this relocation effort, which may include easement acquisitions and/or reimbursements to Comcast. ❑ Existing sub-grade plant within the limits of this project. Our sub-grade plant is located approximately 30"/36" under the roadway, swale area and/or Right-of-Way boundary. Please, have the developer contact us to discuss this relocation effort, which may include easement acquisitions and/or reimbursements to Comcast. ❑ Existing / active aerial and sub-grade plant within the limits of your project. Our aerial plant is attached to the existing utility poles and our sub-grade plant is located approximately 30"/36" under the roadway, swale area and/or Right-of-Way boundary. Please, have the developer contact us to discuss this relocation effort, which may include easement acquisitions and/or reimbursements to Comcast. NOTE: The marked plans represent a general location of our plant, therefore, we strongly recommend verifying our plant location prior to construction. Should you have any further question, please feel free to call me at 1-954-534-7380, fax 1-954-534- 7083 or e-mail at Leonard Maxwell-Newbold@cable.comcast.com Sincerely, 1 Leonard Maxwell-Newbold Regional Permit Administrator Comcast/Southern Division ( RDC) CC: Thomas Carroll-Design/ Engineering Manager Gunster Yoakley& Stewart File/JM MUID #1591 - 11/30/2006 10:35:09 AM o BELLSOUTH _ 3 BellSouth Telecommunications,Inc. South Broward Engineering 8601 W.Sunrise Blvd. 2nd Floor Plantation,FL 33322 i. December 01, 2006 Mr. James M. Crowley Gunster, Yoakley & Stewart, P.A. ATTORNEYS AT LAW 500 E Broward Blvd, Suite 1400 Fort Lauderdale, FL 33394-3076 Re: Vacation of Right of way as described in Exhibit"A" portion of NE 5th Ave. Dear Mr. Crowley: Please be advised that BellSouth has no objection to the vacation of this portion of right- of-way on NE 2nd St as proposed. Currently BellSouth has a 200 pair copper cable buried on the east side of the street from the southeast corner of NE 2nd St and NE 5th Ave. to a telephone room inside 500 NE 2"d St. Therefore, the developer must provide a new utility easement to BellSouth to reroute the existing cable and pay for all the costs associated with such relocation. If you have any questions, please do not hesitate to contact me. Sincerely, 1/ Joel Louis Spec ialist-OSPE BellSouth Telecommunications, Inc. Phone (954)476-2907 City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-3645 General Development Application ❑ Administrative Variance ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment ❑ Plat ❑ Plat Delegation Request G ❑ Rezoning Date Rec'd: ❑ Site Plan ❑ Special Exception t Petition No.:\X1 ❑ Special Request r ❑ Trafficwvay Waiver ❑ Variance Vacation Request ❑ Other: THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and 'Required Documentation"checklist to determine the supplemental documents required with each application. For after-the fact applications,the responsible contractor of record shall be present at the board hearing. Their failure to attend may impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the City's Building Department. Location Address: 301 East Dania Beach Boulevard Dania Beach, FL 33004 Lot(s): Block: Subdivision: Recorded Plat Name: N/A Folio Number(s): See Exhibit 1 Legal Description: See Exhibit 2 ApplicanVConsultant/Legal Representative (circle one) Gunster, Yoakley & Stewart, P.A. Address of Applicant:500. East Broward Blvd. , Ft. Lauderdale, FL 33394 Business Telephone: 954-462-2000 Home: Fax: 954-523-1722 Name of Property Owner: The Aragon Group, Inc. Address of Property Owner: 301 East Dania Beach Blvd., Dania Beach, FL 33004 Business Telephone:954-927-2841 Home: Fax: 954-927-0149 Explanation of Request: See Exhibit 3 Prop. Net Acreage: Gross Acreage: •92 Prop. Square Footage: Approx. 40,250 Existing Use: Pari-mutuel facility Proposed Use: Pari-mutuel facility Is property owned individually,by a corporation, or a joint venture? Corporation I understand that site plan and variance approval automatically expires within 12 (months of City Commission approval, pursuant to Ordinance No. 200S-040. I` A plicant/Owner signature Print Name Date APPLICANT,CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Swom to and subscribed before me Applicant/Consultant/Pepresentative: This—�-day of UEC 20n Signature: �/� ' I Date: / 2 J - C7 ( �- o I(A1tAU_ �� • kL"q 9-� Heidi Davis .Knapik Sign me 4 Notary Public (Print Name) State of( r"p-i pA ) M AP.y W iJAR(�QEAV E:5 500 East Rrnward Rlud_ > Ft- T a7,r1Prli91 c FL 33394 Print Name of Notary Street Address,City,State and Zip Code ,.••:ir'r' MARY H.HARGREAVES 'n - - 954-462-2000- 954-523-1722 Com ski INSCOMMISSION# Seal: '; := EXPIRES:September 14,2007 Telephone No. &Fax No. %�;p 1�,.•` Bonded Thru Notary Public Underwriters r IN VIDUAL OWNER NOTARIZED SIGNATURE: This is to c fy that I am the fee simple owner of subject lands described above and that I have authorized (App nt(Consultant/Representative) to make and file the a said application. Sworn to and subscribed be me Owner: This day of Signature: Date: Sign Name of Notary Public (Print e) State of( ) Print Name of Notary Street Address, City, to and Zip Code Commission Expires: Seal: Telephone No. &Fax No. CORPORATION NOTARIZED SIGNATURE: This is to certify that the below referenced corporation is the owner of subject lands described above and that I, as a duly authorized officer, have authorized (Applicant/ConsultanY_P&presentative) Gunster, Yoakley & Stewart, P.A. to make and file the aforesaid application. Sworn to and subscribed before me Corporation Name: The Aragon Group,,_Inc. d/b/a Dania .jai Alai This 7eW day of 7JsPe„��0,.� Signature: Date: 7. 1 oa6 Stephen F. Snyder r (Print Name) �ll President Sign Name of Notary Public (Print Title) State of �1'1111�11111 Eli 's g /`7 � �����iiz 301 East Dania Beach Blvd. , Dania Beach, FL 33004 Print Name of Notary �`�� •�S ION ����.� Street Address, City, State and Zip Code o V0��22i N Commission Expires: = :*_ T 954-927-2841 F 954-927-0149 Seal: ?4_ Telephone No. &Fax No. 1«DO 51g154 o e.t %yam �1B 11111f \\\\\\ JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This is certify that the below referenced that the duly authorized persons are the owners of subject lands des ' ed above and that all partners have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Swom to and subscribe efore me This day of 0_ Signature: Date: (P . t Name)" Sign Name of Notary Public State of( ) Print Name of Notary Street Address,City, to and Zip Code Commission Expires: Seal: Telephone No. &Fax No. **Each partner must sign. Attach duplicate sheets as required. FOLIO NUMBERS FOR DANIA JAI ALAI . .5042 3400 0560 5042 3400 0570 5042 3400 0580 5042 3416 0010 FTL 314453.1 ATTORNEY'S OPINION OF TITLE Re: Real property described in Exhibit A attached hereto(the"Property") To Whom It May Concern: STATE OF FLORIDA COUNTY OF BROWARD COMES NOW,your Affiant,Heidi Davis Knapik,who after first being duly sworn, states: 1. Affiant is an attorney authorized to practice law in the State of Florida, Florida Bar No. 0972266. 2. Affiant has conducted, or has had conducted, a search of the Public Records of Broward County,Florida,to determine the fee simple owner of the Property. That based upon that certain Ownership and Encumbrance Report, No. NCS-238324.2 prepared by First American Title Insurance Company covering the period from September 10, 1968 @ 3:01 p.m., as to Parcel 1, and October 5, 1968 @ 8:00 a.m., as to Parcel 2, through December 20, 2006, at the hour of 8:00 a.m., fee simple title to the Property is currently in the name of the City of Dania, Florida n/k/a City of Dania Beach, Florida, pursuant to those vesting deeds in Official Records Book 3744, Page 126 and Official Records Book 5491, Page 891, both of the Public Records of Broward County, Florida, copies of which are attached hereto. 3. This Opinion of Title is being furnished to the City of Dania Beach in connection with a right-of-way vacation proceeding and for no other purpose. FURTHER AFFIANT SAYETH NAUGHT. Heidi Davis Knapik Gunster,Yoakley&Stewart,P.A. 500 E.Broward Blvd.,Ste. 1400, Ft.Lauderdale,FL 33394 SWORN TO AND SUBSCRIBED before me this a o-December, 006. �Jc5cJ 5 .:n�tv'• MICHELLE RAAB POSEY ( MY COMMISSION#DD 574356 Notary Public EXPIRES:Jury 21,2010 o" �< Bonded Thru Notary PubicUnderwriters My Commission Expires: FTL3)567Lt Exhibit A LAND DESCRIPTION A PORTION OF SECTION 34, TOWNSHIP 50 SOUTH., RANGE 42 EAST CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA The East thirty-five(35.00') feet of the Northeast one-quarter(NE ''/4), of the Northeast one- quarter(NE ''/4), of the Southeast one-quarter(SE '/4)of Section 34,Township 50 South,Range 42 East,City of Dania Beach,Broward County,Florida. TOGETHER WITH The East thirty-five feet(35.00')of the Southeast one-quarter(SE ''/4), of the Northeast one- quarter(NE '/4),of the Southeast one-quarter(SE '/4)of Section 34,Township 50 South,Range 42 East,City of Dania Beach,Broward County, Florida. NOTES: 1. Not Valid without the signature and original raised seal of a Florida Licensed Surveyor and Mapper. 2. Lands shown hereon were not abstracted,by the Surveyor, for Rights-of-Way,Easements, Ownership,or other matters that may appear in the Public Records of Broward County. 3. Information shown hereon does not represent a Boundary Survey. CALVIN,GIO NO&AS S, INC. Signed: iit DATE:�n��'a—b�O Gregory j. Clements Professional Surveyor and Mapper Florida Registration Number 4479 Prepared ay CALVIN,GIORDANO&ASSOCIATES.INC. 1800 Etter Drive•Suite 600 Fort Lauderdale,FL 33316 I ONV2006 PAProjects\20061065303 Dania Beach Jai Alai PlatISVRVEYNLeg;d SHEET 1 OF 2 SHEETS SKETCH OF LEGAL DESCRIPTION A PORTION OF SECTION 34-50-42 ;7 SCALE 1"=200, < � f 'HARBOR LAWNS No 1- -AMENDED PLAT OF A PORTION OF HARBOLA No I P.B. 169, Pgs• 31-33,B.C.R P.&1669. PgL 31-33, B.C.R. I E n I r NE corner of the 1 1 — — — — — — — — r South R/W line of NE 2nd St. SE 1/4 of I I wu I Sec, 34-50-42 Lo o N , I ' D ' I I- I`\ o yl o 1 I I 0\v I 1 } £ w !^ o I I IW l II p I I 0 1 I S line of the NE 1/4 of the ` / NE 1/4 0( the SE 1/4 of Sec. I - J 34-50-42LD - - - - - 1J - - - - - - - - - - L'i F f J N Tine of the SE 1/4 of the VV) <� NE 1/4 34-50-42 of the SE 1/4 of See QI } W� ��; �I j N d tv`I I w ,Z d I zI o ,Zn t= LEGEND: <a O a 1 D.C.R. Miami-Dade County Records dk I G o <v I B.C.R. Broword County Records Q c ��� I DUE Drainage Utility Easement ,rf LME Lake Maintenance Easement I a\ 0 2 I I L.B. Licensed Business \ Limited Access Line t j I O.R.B. Official Records Book 1 W u Point of Beginning a P.O.B. 35, t fi 1 I P.O.C. Point of Commencement m G P.B. Plot Book ; N o c'O I I PG. Page I o o v .0 •- O I R/W Right-of-Woy O.FT Square Feet �. I d�� SEC Section g 1 U.E. Utility Easement I I North R/W line of E. Donio i I m i n o � 1 I Beach Blvd —� LD LD % — — — — — — — — - — — S line of the NE 1/4, of the o ` -s E. Dania Beach Blvd. SE 1/4 of Sec. 34-50-42 _ C"I -------+------- --------_ — m - - _ SE corner of the Parcel-A- _ NE 1/4, of the O -DANIA BEACH PLAZA PLAT 1 -DANIA GOLF COURSE Acreage I Sec.34-50-42 tZ P.B. 32,P¢ 17,B.C•R P.B. 169, Pqa 31-33. B.C.R. I 1 a 1 C�;; PROJECT No SHEET N.E. 5th AVE VACATION ' 06-5303 CITY OF DANIA BEACH LATE CAD FILE 2 BROWARD COUNTY, FLORIDA i0-06-06 SEE LEFT Certificate of Authorization 8791 OF 2 l j • t 14 / ,.•pµ Itu,.«..M V+-....x 1H�11:7ht1i VIL4. TYTaNMY....r•,+•v.r..•v..w. . :7 ., •T � hnl�l�w7)...rll:.•r•,�•+Alrtw✓11 oFC.3744 FAuli?b t 8—1 0 3V A•� a1:nn.Yx;Mti•w Mr M.-'w•I�rWl w•!.M nM Ix...M 1 yl+•MMM.., {. f� . M•1u x•h.r..�..rrl«• �.I.,w.`�.4 x.r.:.H•rrN �v 4 .Wr�n.4..i-+4 fk••!r. •,Mµi r'.n.,..:r. H.v«-,w rf••.n. .ull...h.�. N:r•n t,Y n..y.n.w.r till r....J•vGl+•.lr.w••r 7•«••�•ad*' .11a1lr(him 3rd clay of September .f.U. 111 E38 �t'tkPeen MAURICE G. BELLOWS and JOYCE H, BELLOWS, husband i ----• and t ifa, of the 1.u11rrly n% Broward and rtt/rtaof rtorida purtyof the first part, ; rind CITY OF D7kNIA, a Florida municipal corl»rstion having a mailing address of c/o CiT Hall, Dania, of the t'oanty of r , Broward unl refute of 'r'loridEt , party of the xeconrt part, witnegaetilTthat the aattl party of the flrsl jArt,for anrl•in.consideration of t' the stun of Ten and Nol100------------------------- -------- Iwllar'x, ut hoar!!grit!by tlu'racid par y rtf N+e xrrrdnl tau 1,1he meet pt wherrof ix h evrhy rtrkntrl- r.; ed'sed, hrtx rrnrtxr••11, relf-ased flu d ynilrlained, rtn! by 111eset presents drtrx.rtiv►+ixr, re use rrrrilrtrritrin'int r -sift tile$(tiltlNrr•ly of till-ar•ron d INrrtallth ri;aht,Lille.interest ' �. elairn tried drtnrurrr rrlricir lire said INtrty of the 11ext pare hrrx if, r,nrlf to file 1611orriny i rleacrilNrl lot,Browetrt ce or pure+ ofI ti I,of�,lorltlitliflie a,inw wit., bring in the• L'ututly of The North 5 'eet and the East 35 feet of the follo•uing described tract, to wit, _ Eask Half(E�;)of the Northeast lZuartsr (NE1-) of tlse-Northeast Quarter(NE})of the Southeast QuaLher (SE})of Section 34, Township 50 South, w Range.42 Gast; said lands situate, lying and x ing in Broward County, Florida, .r Thk tns:rue,ea!wcs hr:''d end agnacimrhkally � pryarsd'->•/!•';r.F-.., ;rn•.,,.. t�'a/rta adr>:ess k , •N, 1 pt.11^Tlda ar Law.The ' CIO!1:.D r.. Darda ank Gilldia0•IraaW,Tea: 37CDf. it Tt) Have' S1.Iidl U) H01d the eaters, tnteilrer ,vith. all and. xitrgrtlar the lhirrrttartn brlongln.9 nr in anllrt•ise algtcrtaini"O, nrrr1.u11 'lee rstatr, �-•'r• appnrtrrrttnars rt hl,title,intrrrird rrnr!.claim. 'ha firat ver of•thr Paid party of lire fhxl part,either In �o or eelttit y,1u 1r'ee only ptwlurr rise,brurfll and belruof of flee stead l,arly of the.Second, part. ' �tl lv',ttles.,4 Wiseret,f, the said party of the flrxf part lr 1+crctr rto xct iris hand and seal i4c:day and year 11rst above writton SI ncd,scaled a 1 llr-liv roll In Our Prearx m. oweIto 7 r e�iZ. -•••�-� e owes r—.�-- .i,,.,al.il•ti win Yo uant••rria . nr n,ii.�.a cu..>rlr.ItuRs� GLittK Ut e71ttA11r CYldd Y T• Saute of Floc.du, J]t tt cnienty of Brow: rd 1 I1E(tEt3l' C N P!I'Y. That on thls day personally appeared before me,an v peer drily authorizrrd to ad.niatater oaths and take acksowledgmirnts, MAURICE G, BELLOWS and TOYCE H. BELLOWS, husband and wife, 7 � in tree well known to be the persons deacrl6ed In and who arerteled the joneoln•y i ttratruacant and they aoknorvled$,gd,,befirre are that they executed the same freely and yr lunterrlly for therein expressed, WIrN&g8 my hand and oJJlcial acal at = ;..• ,,,`;r �' Jk� County of Broward and 9litid al,;: flay o September A. D. 1968 a 0 gyi 04TI OF RMA At►sS r A �d Egon Yist P,lY4 7AiT Pift08,SCAR ji117F[e }}qq" IT 'r � a771mfa aa�s w.onnr�r.n.•r• �COMM{SSitiN E%TIA .9 �x� .d.r,l. •NdUR ►■rn •r P,►•i• '79�y�1•S•rflirea 1;E-11,11-W run 1 _ .�.._.73-220728 I t►i ue �Jt�,r:•; P U►.W Al LN ., ot. nrrrtt 't 3 0 0,3 Q AkV a L to knave,wm•.n+ra. .. it , >xrdsrr sue„ �a�'air tti➢oti ALL i U IIY T>♦m PRtoRmt that MXmw Z. P, 1WUvldua)ly and as Rtuvtoo, fOU01 by his vie*. C=TA A'i=", in covtaideratisn of oro Dollar ($1.00) awd other good and valuablo ean- eidaFatio" to them in hdW paid, retwilpt Wwrsaf Is achnoatled9od, do hcrsby grmt toed esnvey vatv.Cho City of Dania, a mUcipsi corps- ration, Se Orantao, and Ito WakIzia, a porpstasl and exclusive rigbt of vay for public road puzpotos over sad upon the follvvLrq deoeribmd Imids actuate in Rroward County, Tlorid4t the aaaot 35 ECot of tho ooat WE of the.PAWthoaae 1/4 of too Northeast 1/s of the soutkaast 1/4 of ' RaOtioa 34,'2burabtg 50 aouthi Range 42 stout, and Tho 1Yntt 35 font of the 9oa1:hv*vt 1/4 of the North-' weak 1/4 of t%* soathratit 1/4 et boetian 35, TOblstkip 59 304th, Rawo 42 Past. LESS STATE ROAD RIORT nr ray TO hava and to hold tho sags"Uhto said,amtee and its aasigtta, tor}Qthpr VLth the right to Cntsr upon 0414 land mW to constvaot and rwintaln a ptibllo road thorcon' frith all ouch fills, cuts, drains, "dU004 nnA other incidents which the araatue may dean notossary o= convanlant xn Mmeetto,i therewith. IM viTNESs "WsEOr, the atantore We hereunto set th©ir bends.'. Knit aoala this SUS d$y of October, 11a6a. Wtnaasi J �r aKQ:LYI�Z. iSrlft l t lY ,Ct as Tivit00 . s• a944) LOI • �11 BTAw CW VUIK%Ah ) �, • t '"ii'�i%Its ? sateft cOMY Cr 0= } g• .• '?O tl 5 3j SSSY= t4R, the un3arsigned 4athority,,duly, suthorixnB�to J a mWatar oAtlw•cad tatttc a0hnovin4Mnt0, personally APFoaaed WtVn L DR'xt06'Y', in tvidually and as Truatoe, cad OLORIA JQXW1Fj Me alfe, both Of 00e, are known.to era, %ha, aftor being by mg duiy i wo'ro, ackltor1e49e4 Ettat they smoutta4 the Tango".Right oP Nay C ;41V tt.Y ira po" therein uxpresaod. goo"To Asp' I MWORa i� at said County aft¢ thtu "t da e 1 of Octoh S[[t • •):u rq rr t r r,Tom- .,�aG"�• ,r-- ;o: i: C+ ar�t'�' ••+ 3 Wtary W01LO, stato a! v c r, .l o, 11-73 � °' Large �L 7 V R N Ny coludosign axpt roc e t IT C-LEKx Y 5 i EXPLANATION OF REQUEST Dania Jai Alai is submitting this information pursuant to Part IX, Article 3, Section 3 of the Charter of the City of Dania Beach(the"City'), in order to vacate a right of way. The Aragon Group, Inc. (the "Applicant") is requesting that the City vacate a portion of NE 5 Avenue, more particularly described in Exhibit 2 to this Vacation Application. Currently the right of way is not utilized for any public purpose. The right of way is unimproved and is not used for vehicular or pedestrian access. The vacation / abandonment of this right of way will not adversely affect the health, safety,or welfare of the residents of Dania Beach. The Applicant has been working diligently with the City, and will continue to do so, in order to ensure that the redevelopment of Dania Jai Alai is acceptable to the City and its residents. FTL 314455.1 s 333926 ►,2620 ' Bandy ted orA.Tuma. 34911) , Atadc th4 25 th day of pri i .A.D. 1969 . �ett1#Pit lftly 1. 14uroff, individually and as trustee, joined by his wife, GlariA.Haroff {) of do county of de ,State of llorida ,pad ies of the first part, and 1 HQ OPERATING CQ;, INC,'t a Florida corporation, ++� whore post PSM 2& cu ls Post Office Bmr 06, D2ni2-, fi of the County of H owar+d .fn the State of Florida .put y of the second Pact, Mul1lt Tfat the said part Les; of the fird park for and to eolssWeratios of the sam of 11---- Dolfaar, And other good oar aluable modderatfons to them is hand paid by said pleat y of the second part;the recedpt Whered is hereby ba Ve granted,b and cold to the add past y of the second part, heirs Bud assl®us r,the following described sttneM lying and bring to the Cm mty of Broward in the State a f.Florh a.to-wW e East one—half of the Southeast one—quarter of the ortheast one—quarter'!of the southeast one—quarter of ection 34, Township $0 South, Range 42'East, Broward aunty, Florida less the State Road right of way for nia Beach Boulevard:and also less the East 35 feet :hereof, a a ci► E of F ORID,4 ' �- r' ; —^'�G GINElITfkRY- ea T M TAX �_ <- --„� nOC M TARY T 5 FtoRi a .r.s�IAX= co PSROt1tR i 3 — 63Z504 �e M _ o f G .s =Ra. tut sYt I .c .n • LI PSl-rGt Z 3 3. 7 5 d: ..... ............ tx .. . . . • xsr Ln and the said part i s of the Ent put do hereby fully warrant the title to sold land, and will defend the _ aama against the lawful claims of'all p=sons whorasoeier. E 311 39iint W 394rmt no mdd part iks of the frst part be ve hereunto sot theirhand s =d sari s the day net year first ah"writteB. Sitned,sealed and llmed'in oar presence: i• ` 1 l•C'G� Seal) 1 Sf individually s �wi) (sell) STATE OF Flor da' COUNTY OF ado I HERESY =EKTIFY that an this day bdfore me, an officer dolly quaEEed to take acknowledgaartats. pc==Uy appearec Melvin I. Muroff, individually and as trustee. joined by his wife, Olor a muroff to we known to be be persons desm'bed who executed the foregaing dustrumeat and they ack�ow3eged befo me that they d th}sung. y hand and o5clal&6s1 is the County and State led aforesaid this 25th day of ram'.?• Ap 11 A.D. 19 6 uttasf ra'UQ ff1Tr es FLOJUU 17 Lassa! Afy,mmmdssfor csPirnMY COAAML=oH FJe'lrEs rm 24, 1F71 Filed thL day of A.D.19 ,at o,Jock Af,and Ji.&d in Durd Book at Pege . REdORD VERIFIED Cleric Cimilt Cbmk C-ntl', / BY: Deputy ClcA V! I µ 0a 4 rIp4a�C•t4 al rLDROMaas ` fih trafrum,.,t Pnparse Or JACS WHSELS$ MELYIN 1.NUROFF Atlarnor At:,.y A ERK oF 01,41t( 150 S. E Zed Avon Ja.Mkm1 Fjoede C11� 1 Branch:XE1,User TAQ9 Title Officer_: Order:NCS-255714 Station Id:CMVS Comment: r� f Y E r .r���rOris•r,:�•4'�s•,cy F .r-s..,r.. ..', '? ,•'� ..•c,,,^:.,:K;.►•:•r.(c. � s 94-460004 TIIOOt O'i-23-94 13r17RM to F Opparbumt af Otinr I certify the attached Is a true and icwmct copy at the Artioles of Amendment, f0ed on S41 Aember 2, 1971, for MONRO OPERATM3 CO., INC. changing its r+ame to DANIA JAi ALAI PALACE INC., a corporation organized under the laws of the State of Florida,as shcrim by the records M this office. The document number of this corporation is 162674. �J TC ro N llj. na Q &gbM UnU f vW b aTib Ub for at thr. �i4il1;S�QAL dt Lf1C�P OL,gI�O;T�ti'ia. -� web�D aE Sep mbsr1994 � t • • i CRU022 ) Ateratmr g of eta WMFI BROWARD,FL P4ge 1 of 3 Printed on 920/2006 5:42:22 PM Document Al 22642.393 f Branch :XE1,Us=:FAO9 Title Ofacer:1 Order:NCS-255714 Station id:CMVS C.amment: S 1111 � t` 0 • ` BK22sto2PG©39k ' X6 •+"• G�dltTSrSCATS .� t. S• R. VrZNT. set-rosary of t•tOKRO OPERATING t:0.• Inc. ' r1r t•'ht nrd•l, a 3-lurida corxoraklee, do hereby certify thit she- tollwwinc in f( * a ire e copy .f a rveolotioo dolly adopted by the Uackkotdera and -" Milo ettw Cow"inInte of t.lonrb on'August 87. 1971 ertthoot a meattng. ;• - but e's-aL the —rl#e.i C•ons,"alRnf`d br the mole saeckboider of UG.ioro if and 4,12 .+.m•...bere of H[oere•o ttaeceti►e Cwnar+tttwe* in conforml.tr vltl. •1•• . a soctl Doi 601L O9f41 of tl.a Geae"Corporation Law of the State..f"oridat ••REBOLVSD. that Wo name of thaw corporotton be rhansed i• from MOMO OPERATI.VO C0.. INC.. Ito preesot netna. y► ;1 , d {� • to DAN" JAI ALAI OAL-ACE INC- lmy which iatler,name It jj~'r.• t r ohm.0 Hereafter toe n k"m . �. ACM- t Q ••••Ct "86IT FURTH&R R>t;SOLVEd. tSwt We Atrtialea of �• . ' ~ Inserperadvn of this L:orpesacloe be amended ao on to a' • ,•,t 1 • charge the name of ilia corporation t..DRNIA JAI ALAI •�'•� ±e �• PALACE INC.^ •Y IK irLTNlEn vinxA�r I have hereaato met my ha—d and •� ',i -eq. a �•' alfltc the meal of Bald oarpor♦<Rtoe this, ilia sTth day of August. I971. t1Z i 'h t�•t' f r_ .ti etery T t I CSRTIFT that the iw vsvins is corrscu %r••!C y �•-e•n Si OF > �••� ! Sa<shw �e er Pee saL an .a �✓?{' ;'S�• .. .. emu_ — ..__ .u. ._.�� � ._. -r. ...�. ... BROWARD,FL Page 2 of 3 Printed on 9202006 5:42:23 PM Document: Al 22642.393 Braach:XEI,I3ser:FA09 Title Officer: Order,NCS-255714 Station Id:CMVS Comment l Ex22642Pc0395 ``� . 61 ATE Orrr_t_nJOtS •+ tali •fit. • OCWUNTY or COOK s' 8 RR KM, the under&ts4sd authority, parae.natlr t app.&red E it. 67ENa a" $T=MttDl lr. SNYDER. b-ins rka •��<,• i 8aeravarr Prseldwet at Mea.ro ppar&tlnJt Ca..,Inc-- &nA made •, M • oath to the,LrMLh at the torrgotne C•erttltr&ta by tt. a duly &.Reed ` I j� and&cbnow.Weed brfore me this the tyth day of Aug"■t. 1971. 1 eet. alb nabu re awd..Cflalal awwl &t Gh—&*.. Coax Y t r, 't Ca�tnty, Zll la, the day and V"r drat rbave urine... Mj ••s i3 •rci���♦ ' �••�r1•MMct�,,ttitialrigYa�.+ i. 1. t�w•� •�- . BROWARD,FL Page 3 of 3 Printed on 920/2006 5:42:23 PM Document:Al22642.393 Branch :XE1,User:FA09 Title Officer: Order:NCS-255714 Station Id:CMVS Comment S f I B7J2-76:s lee AAW tat Onmrttnrttt of matte I certify that the attached to a true and correct copy of Articles or Merger. merging JASHAR. INC.. a Florida n corporation*. into DAt3TJl JAI ALAI ['.1LJ►C£ INC. and changing cs is corporate name to THE ARACbR GROUP, IkC., the continuing, corporation under cbe lava or tha State of Florida, I tIad on June 30. 1987. as ahovn by the rccorda or thin of r1ce. Tbo docun nt nuemer or the continuing corporation In 162074. Oiirtn umbrr utn hanb anb tits cr% Ortut moral at the Otatr OCSEan ba, at WAX11afPs5tt. tbttC4%P,W.tbW for pi YitE.s�_� 30th bjkp of Juaa, 1987. C:� l r �torgf�trsstotu • crtz0�1:o-asI 3�rtCttdry o[�tste 01' e•a 4 BROWARD,FL Page 1 of 6 Printed on 920/2006 5:42:10 PM Document:CT 14673266 Branch:XE1,User:FA04 Title Officer Order.NCS-255714 Station Id:CMVS Comment: Y r• F• r'! :0 47 ARTICLES OF MERGER OF ,.:.'i JASSAR, INC.• WITH AND INTO UANIA JAL ALAI t•LACE, INC. Pursuant . to the provisions of Section 607.224 of the Florida Genc al Corporation Act, the undersigned corporations haraby cattily as Eoliowsr PIRSTs .This mange and state of incorporation of each of the constituent corporations in the manger is as follows: Statat cf blame Incorporation Jasbar, Inc. Florida Danin Jai Alai palace, Inc, rlorida SECOND: The Articles of incorporation of Dania, the surviving ccirporation, shalt be amended and supplemented as ' follows: __a) _The name of -the surviving oorporation mhamll bee THE ARAGOu t.'ROUP, INC. b) The following article shall bts added to its Articles of Incorporation, UNQUALIFIED STOCKHOLDERS Section L. (a) A holder &f •a direct or indirect record or bemeTicial. interest in shares of the corporation's cal�ital stock (such hold®r being hereinafter in this Article refsrred to as ax '"alder") :ball be an -Unqua lii`ied stockholder for the purposom of this Article if, in the judgment of thft Board of c Directors OxPremsed in a vote or 4 onsent inst o unent, the Elder'a actions or associations: of any time, or the Holder's lack of qualifications proscribed by any govo nmelstal body, would or could, pursuant to any ca lad or - the rules or regulations of any, governmental body having juri6 iction,' casult in ttse loss, revocation or r suspension a or failure to renew or to issue, any permit, license, • fra chime or other authorization required for the w conduct or a y.aspeot of the corporation's business. Prior --ato. axpreasi g suc12 a judgment in a vote or comment as Instrument, he board shall (i) give written notice to the lV + Holdar that such judgment may be so expreased by -the Hoard and that he ay request a hearing before the Board and ( ii) rl conduct sus hearing if requested by the Haldar is '� 4accordance wi h the provisions oP this•Section l(m) . 4l copy of Ouch not ce *hall be given to ouch goveratim6ntal bodies, if any, as th :nand determines and such governmental bodies may attend nd participate in any hearing requested by the BROWARD,FL Page 2 of 6 Printed on 9/20/2006 5:42:11 PM Document:CT 14673.266 Branch :)M1,Us;w:FA09 Title Officer: Order.NCS-255714 Station Id:CMVS Comment F ' 4 p i f- r.5 t Holder. W thin seven calendar days after such notice shall haver been alven to that Holder, he may request such a hearing by giving +mitten notice therefor to the corporation. it the Holds 7 so requests a baring, ther corporation shall advtma hi , by not less than fourtaan (14) calendar days prior not at, of the•tiee and place of the hearing and of his right i o be represented by counsel at the hearing and to intro3uce slevant information thereat. (b) holder of record of one or more shares of the corporatio 'a capital stock shall be an 'UnquaLified Stockholda " for purpontsm of. this Article if, within fiftaen (15) busi ass days after t1►e malting by tha p f: corporation o ital writt request therefor, he shall fail either (i) to inform the corporation in writing of the name and addreas• of each perso , firm, corporation, or other entity, if any, for the beraef t of whom such. &harms are ao held, directly or indirectly, or (IL) to eertiiEy in writing to the corporation (in the 'form appkoved by it) that such'holder of record is the sole beneficial owner of: alt of such shares- (c) A Holder shall be an "Unqualifiad Stockholder" for purposas ....o __this --ArticlC -if,-within fifteen -(15) "buaineaa days after the nailing by the corporation of its wzitten request t tarefor, he ahnT1 fa(1 to furnish to the corporation or Lts descgnde any information (including btcgraphica iata of the holder) or any Lnstrument, document or other material (including fincgarprints and photographs of the Holder , which, in the judgment of the Board of Directors apressad in a 'rota or consent instrument, is nocessary wr ooaveniant fqr the obtaining or retaining of any per'aoi , License, franchise or other authorization requited f r the conduct Of :any aspect of the corporation's business. sactio 2. Immediately after the corporation gives a person not CO that he is an Unqualified Stockholder, he &ball sell or otherwiae dispose of, or cause to bs ■old or otherwise isposed of, all q•f his right, title and: interest In all sh ram of capital stock of the corporatioaz in which {r he then h id■ a direct of indirect record of beneficial v+ interest ( ueh zSares being heceinaftar in thin ArtLcle referred to a "Unqualified Stock") 't:o any parson other than (a) an Un ualified Stockholder or (b) one holding for the benefit of Unqualified St:ot:kholder, whereupon such alhares O Of capital stock aha1L cease to be Unqualified Stock. In N addition, n additional shares of the corporation's capital Br y stock: may be transferred or added to the account or accounts Co of such Unqu lifLed Stockholder, a,nd each tranefer agent and registrar i any, Ear the cotporation's capital atoak shall be so notifi d in writing by the corporation and shall place appropriate Orders against such transfara, , -2- BROWARD,FL Page 3 of 6 Printed on 9/202006 5:42:11 PM Document:CT 14673.266 Branch :7Et,T3ser:FA09 Title Oncer. Order.NCS-255714 Station Id :CMVS CDMMCnt: Section 3. if an Unqualified Stockholder shall. not- have so mo or otherwise disposed of, or caused to tea so sold or otherwise disposed of, all of his right, titlo,and interest in UnqualifLe,d Stock by the close of business on the tenth loth) business day tollorring the mailing of the notice. that he to an Unqualified Stockholder, than all rights to dividends and other distrLbutions (including shares issued in connection with any recapitalization or reorganixati n) with respect to the unqualified Btocic ohaLl, until such stock is transferred on the taooka of the corporation to any person othar ' than {a) a UnquaLifLod Stockholder or (b) one holding for an Unqualifiad Stockholder, automatically terminate and cease to accrue, and at any time or from time to time until such stock is so transferred the corporation say, at its option, by wri ttan notice to he unqualified stockholder (with a copy to each transfer ag nt and registrar, if any, for the corporation's capital stock with instructions to place appropriate store transfer or @rs on its books prohibiting transfer on much gooks of a ch 'unqualified Stock otherwise than pursuant to the corporat on's' Instruct tons): t t) Ca., 1 for redemption and rade.em the Unqualified Stock at itn then tangtble honk value; or (ii) Constitute and appoint the Treasurer of the corporation as the unqualified Stockholder's attorney to sell, &no igh or transfer the Unqualified Stock to such parson and at such price an the Treeisurar may in his 41'adrottion ' etermine, and to transfer such stock on the books of the corporation. section 4. Shares which have been called for rodemt on under this Article shall not be deemed to Da outettnding shares for the purpose of voting or dertermining the total nu ber of shares entitled to vote: on any matter on and after the data on which written notice of redamptLon has been sent o the holder of record thereof and a sum sufficient o' redeem such shares has been Irrevocably m, deposited o set aside to pay the redemption price to the We holder of record at such shares upon surrender of 71 eartificatea therefor. 6act£on 5. No, transfer or other disposcition of w 1 Unqual-r1r:56-d Shock £n v iolat ion of those provis iones Shall ba ass valid or a title any person to have any such shares O _ transt-orrsd f record upon the books of the corporation. N sa sl cticn 6. The corporation may a It any time, or lrow cr% time to tl B, by action of the Board of Directors, if the t� Board deem I it to be in the bast interests of tlaa corporation, waive the provisions of this Article as to env „ e•' sharsm of he corporation's capital stock in whole or in 4 part a.nd to ny extent. BROWARD,FL Page 4 of 6 Printed on 9/20/2006 5:42:12 PM Document CT 14673.266 Branch XE1,User:FA09 Title Officer. Order.NCS-255714 Station Id :CM-VS Coninent 4 Beetio 7_ Any notice, request or other communication re be equirod o permitted by this Article to be given shall b deemed dul given when stalled by registered nail, return receipt re ousted, addressed to the bolder at: his address then appea ing in tho records cif the corporation, or addressed o the corporation at its principal exacutiva offices, ma ked to this attention of the President. Secti B_ if any part of the provisions of this Article o the application thereof to -any person or circumatanc a shall to any extent or in any state be invalid of unenfor eable. the retmainder. of much provisions, or the Application of such part of such provisions to perscma or circumetanc a other than those as to which it is invalid or unenforeeab m, shall not be offectad thereby and each and every part of the provisions of this Article shall be valid and enforced to the fullest extent permitted by law. Sects S. The . rights of the corporation under this Artic e s 1 be deemed specie_' , unique and axtraordinary, and any failur® to . comply with these provisions shall be deemed to =ausek the corporat_fon f zreparabie in jury-not -- - -- -- - — - prapw y com cigatih c by damages in an action at law, and the rights and remedies of this corporation hereunder may, thereafors, enforced, bet), at law and in equity, by injunction, p®cific•performahce or otherwise. THIRD. A Plan and Agreoment of Berger between the parties to the merger was approved and adopted by the ShareboLders of each of the respective constituent„ corporations as of the 29th day Of Julie, 1987. FOURTH Upon the data on which these Articles of Hergwr are f lad xith tha Secreatary of state or the, state of Florida {th "Ef£cctIva- Date"), (1) all Dania ohmres owned by :Tasbar ro cancelled, . (It ) all other outstanding shares of Danis ti a] 1 remain outstanding, (Lit) this ant thousand ,. (1,000) cuts anding shares of -comson stock, $1.00 par value, of .Tasbar. na. ("Jembar') aliall be autosatically cancelled and convert d into ' t2us right to receiveh one hunded tirty one thousan (131,000) ""ifs of co,amcn stock. $.LO par a value, of D ia, now known as .The Aragon Group. Znc. a • eT r. I6t WITH 38 WHSREOr. the undgLaignad have mscocutod these ~ Articles of rger as of the •2� say of June. 1967. -�v �- Q7 r . O .TADS SA R. 114C. N �J Attie t To: G7 _ Syc • Owen F. BeL Secretary _ Stephen 4C Snyder, president BROWARD,FL Phge 5 of 6 Printed on 9/202006 5:42:12 PM Document:CT 14673.266 i I Branch:XE1,User:FA09 I Title Officer: Order:NCS-255714 Station ld:CMVS CoMM= s F ' `....V i i.`..i� 1 DANIA JAI ALAI PALACT3, ZbTC , now known as TFTC ARP.GQN aw)up. ILiC- Attest Toe By s Owen P. ge 1, SacretarY Stepben F President ACIC mrLEDGEMENT STATE or rxnprn& ) couwr r OP E ADM ) Bator ame, the und.4raignod authority, personally aPPsared EPHEN F. SNYIlE4 who ie to the well known to be the person describes in elnd -ho subscribed to t:ha above Articles Of Mergor, and he did freely and voluntarily ack'norIbed bafore me accarding 'to law that he made and subscrlbed the mane for the uace and purpdsQsi therein mentioned and set forth. Iu Wi NSSS wHEREOP', I have heraunto act my }sand and official Weal, at Miami, in sai h d County and State tis day of .Tune 1967. a.29 1 otd,ry Pu I�, 3ta e p or d at Larges rsy ComAisAsf n Expirese F'1T•.tT .. .. ... i . a' ' ,cr•�ec�iN rt�r. r:Gll!RLC4Tl;ra 8.�w o� OF dIt0NGR0 COUNTY FlagIDA v L. A. HESTER ' a ..tnvTi anvnr-:Frs:;5 p l , ry F BROWARD,FL Page 6 of 6 Printed on 9/20/2006 5:42:12 PM Document: CT 14673.266 IF rA lit I �I/�fIG ■ e�////,/ ��f. It, I ���;`?\\� ., '�I'= �I��[���.'II`'� ., .i. 'Ef�,►I�&p��� R ��IhII�If: :` 'i�il\\� III II //wjv •� 4eS�'-`-Vic'*'` 3"gg`u"':r��--�_ ~ ` i, ■�tlll� • ,, a ram:_t 1�I�I�II t�!�•!�•- � � .�� f i�lw� ti'r '� '��� �i Ali' �, r -.-3w'T'"'��''�'�.ffiT�S•"T`"-C'�'T'y;�'��-ram.T"_r`�,.— r,'�'� �� � � w _J♦,r►.. i1�► fr •�%x. i�•.. .ice �� ��� ����� ''�t.. +7i�� - ;,die .�i G=•� a- Ala .7L� ai tsi „ C�'�" M! �_ 1°�= 1°�' �°! (`,'�� !°may �°! 1°! 1� � � • , G'� �'�� �� err tr '1 � 1• t �r -�lr -.nr � M1�u h HI -str -•lr -.lr �. Qio QIO Qio ""1 . `l�� Qio Qio Qio rla l• , t t Pill,.. Y �. OF 01111111111111 _x . INTEROFFICE MEMORANDUM ` CITY OF DANIA BEACH TO: Mayor and City Commission CC: Ivan Pato, City Manager FROM: Louise Stilson, City Clerk RE: 2007 Municipal Elections DATE: December 28, 2006 The City of Dania Beach will hold a Primary Election on Tuesday, February 13, 2007 and a General Election on Tuesday, March 13, 2007. Both of these dates are also regular City Commission meeting dates. In past election years, the City Commission changed the meeting dates to the Wednesday immediately following the election dates. This year the Wednesday immediately following both dates, February 14, 2007 and March 14, 2007, is the regular meeting of the Melaleuca Gardens Homeowners' Association, whose meetings are held in the Commission Chamber at 7:00 p.m. I spoke with Raelyn Sandler, President of the Homeowners' Association, and she indicated they would be willing to change their meeting dates if the City Commission chose to have their meetings on these dates. Another option would be to hold the Commission meetings on Monday, February 12, 2007 and Monday, March 12, 2007; the Commission Chamber is available on both of these dates.