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2007-06-12 Regular City Commission Meeting Agenda Packet
ADDENDUM TO AGENDA DANIA BEACH CITY COMMISSION REGULAR MEETING TUESDAY, JUNE 12, 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: 4.5 Turn Around Dania Beach RESOLUTION #2007-114 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, DECLARING JUNE 1 AS A DAY OF REMEMBRANCE FOR SOPHIE STEELE; FURTHER, PROVIDING AN EFFECTIVE DATE. 7. CONSENT AGENDA 7.13 RESOLUTION #2007-113 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO OBTAIN SECURITY SERVICES FOR THE DANIA BEACH MARINA FROM STATEWIDE ENTERPRISES, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS FOR A SUM NOT TO EXCEED $31,000.00; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. AGENDA DANIA BEACH CITY COMMISSION REGULAR MEETING TUESDAY, JUNE 12, 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 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. 1. CALL TO ORDER 2. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Juan Cuevas, Maranatha Ministries 3. ROLL CALL 4. PRESENTATIONS AND SPECIAL EVENT APPROVALS 4.1 A Statement from the City Manager 4.2 Presentation to Pete Heng—Bruce Caruso, Battalion Chief 4.3 Presentation on the Dania Beach Heights Civic Association Grant Project — Lisa Young (Continued from May 22,2007) 4.4 Update on the 109 Park Project—Bonnie Miskel, Attorney for Israel Kushnir 5. PROCLAMATIONS Dania Beach City Commission Agenda—June 12, 2007 Page 2 of 7 6. CITIZEN COMMENTS Addressing the Commission: Comments by Dania Beach citizens,or interested parties that are not part of the regular agenda, may be made during each Commission meeting during the period set aside for"citizen comments." A thirty (30)minute"citizen comments"period shall be designated on the agenda for citizens and interested persons to speak on matters not scheduled on that day's agenda. Each speaker shall be limited to 3 minutes for his or her comments. Persons desiring to speak during the citizen comment period shall inform the City Clerk prior to the beginning of the meeting of their intention to speak. If more than 10 speakers express a desire to speak, the Commission shall determine, on a meeting by meeting basis, whether to (a) extend the time allotted for citizen comments to accommodate all speakers, or (b) whether to limit the number of speakers or amount of time per speaker. A speaker's time shall not be transferable to another speaker. 7. CONSENT AGENDA 7.1 Minutes: Approve Minutes of the May 15, 2007 City Commission Workshop Approve Minutes of the May 17, 2007 Abatement Hearing Approve Minutes of the May 22, 2007 City Commission Meeting Resolutions 7.2 RESOLUTION #2007-100 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE ADDITIONAL SERVICES FROM ADVANCED PROCESSING & IMAGING, INC. (API), A SOLE SOURCE PROVIDER, IN AN AMOUNT NOT TO EXCEED TWENTY FIVE THOUSAND DOLLARS ($25,000.00) FOR FISCAL YEAR 2006-2007; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.3 RESOLUTION #2007-101 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE PURCHASE OF COMPUTER HARDWARE, SOFTWARE AND SUPPORT LICENSES FROM CDW-G IN AN AMOUNT NOT TO EXCEED $16,500.00 WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.4 RESOLUTION #2007-104 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE PURCHASE OF FURNITURE FROM CORPORATE EXPRESS BUSINESS INTERIORS IN AN AMOUNT NOT TO EXCEED $41,000 WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Dania Beach City Commission Agenda—June 12, 2007 Page 3 of 7 7.5 RESOLUTION#2007-103 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR APPROPRIATION OF FUNDS NOT TO EXCEED $250,000.00 FOR NEIGHBORHOOD MASTER PLAN, LAND USE PLAN AMENDMENTS AND ZONING CODE REVISIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION #2007-108 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 LOAN APPLICATION TO BE SUBMITTED TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR $480,000.00 FOR CONSTRUCTION ACTIVITIES ASSOCIATED WITH THE MELALEUCA GARDENS WATER MAIN LOOPING PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE LOAN AGREEMENT; ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.7 RESOLUTION #2007-109 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 LOAN APPLICATION TO BE SUBMITTED TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR $400,000.00 FOR CONSTRUCTION ACTIVITIES ASSOCIATED WITH THE DANIA BEACH BLVD. FORCE MAIN; AUTHORIZING THE CITY MANAGER TO EXECUTE THE LOAN AGREEMENT; ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCES; PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE. 7.8 RESOLUTION #2007-107 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE STATE REVOLVING FUND LOAN PROGRAM; MAKING FINDINGS; AUTHORIZING EXECUTION OF AN AMENDMENT TO THE LOAN AGREEMENT EXISTING BETWEEN THE CITY AND THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR $247,000.00 FOR CONSTRUCTION ACTIVITIES ASSOCIATED WITH THE WATER TANK AND HIGH SERVICE PUMPING PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE LOAN AMENDMENT; ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCES; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. Dania Beach City Commission Agenda—June 12, 2007 Page 4 of 7 7.9 RESOLUTION #2007-110 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 LOAN AMENDMENT FOR $302,000 FOR CONSTRUCTION ACTIVITIES ASSOCIATED WITH THE WATER MAIN LOOPING — WATER TREATMENT PLANT TO DOWNTOWN PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE LOAN AMENDMENT; ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCES; PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE. 7.10 RESOLUTION 92007-111 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, SUPPORTING A BROWARD COUNTY PLANNING COUNCIL INITIATED TRAFFICWAYS PLAN AMENDMENT TO EXAMINE AND CONSIDER THE REDUCTION OF RIGHT-OF-WAY ALONG FEDERAL HIGHWAY FROM OLD GRIFFIN ROAD TO SOUTH COUNTY LINE IN A MANNER CONSISTENT WITH THE REQUESTS OF EACH AFFECTED CITY, INCLUDING REDUCING THE RIGHT-OF-WAY OF FEDERAL HIGHWAY FROM OLD GRIFFIN ROAD TO SHERIDAN STREET IN DANIA BEACH FROM 106 FEET TO THE EXISTING RIGHT-OF-WAY WHICH IS ESTIMATED TO BE 70 FEET; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.11 RESOLUTION #2007-105 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE WATER PLANT UPGRADE PROGRAM; MAKING FINDINGS; AUTHORIZING THE WORK ORDER FOR $11,740.00 FOR PHASING OF PROPOSED IMPROVEMENTS FOR THE WATER PLANT UPGRADE ACTIVITIES ASSOCIATED WITH THE PLANT UPGRADE PROJECTS TO BE PERFORMED BY CAMP DRESSER AND MCKEE ASSOCIATES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE WORK ORDER; PROVIDING ASSURANCES; PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE. 7.12 RESOLUTION #2007-112 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 WORK ORDER FOR $153,476.00 FOR PRE-DESIGN ACTIVITIES WITH THE NANOFILTRATION PROJECT TO BE PERFORMED BY CAMP DRESSER AND MCKEE ASSOCIATES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE WORK ORDER; PROVIDING ASSURANCES; PROVIDING FOR Dania Beach City Commission Agenda—June 12, 2007 Page 5 of 7 CONFLICTS; FURTHER PROVIDING AN EFFECTIVE DATE. 8. BIDS AND REQUESTS FOR PROPOSALS 8.1 RESOLUTION #2007-102 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE ENGAGEMENT OF KEEFE, MCCULLOUGH & CO., LLP TO SERVE AS THE EXTERNAL AUDITOR OF THE CITY, FOR PERFORMANCE OF AUDIT SERVICES FOR THE FISCAL YEARS ENDING SEPTEMBER 30, 2007 THROUGH SEPTEMBER 30, 2009; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 9. PUBLIC HEARINGS AND SITE PLANS 9.1 ORDINANCE #2007-013 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES, CHAPTER 28, "ZONING," ARTICLE 2, "DEFINITIONS", TO DEFINE "COMMON AREA"; AMENDING ARTICLE 4, "DISTRICT REGULATIONS," SECTION 4.10, "APPLICATION OF REGULATIONS", TO PROVIDE THAT CHURCHES, SYNAGOGUES AND HOUSES OF WORSHIP SHALL NO LONGER BE PERMITTED BY SPECIAL EXCEPTION; CREATING ARTICLE 33, "HOME AND COMMON-AREA BASED ASSEMBLY USES," TO PROVIDE FOR REGULATION OF ACCESSORY ASSEMBLY USES IN RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 9.2 ORDINANCE 42007-012 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REQUEST BY TARA KLEIN WITH THE FIRM CRAVEN THOMPSON & ASSOCIATES, REPRESENTING BROWARD COUNTY DEPARTMENT OF ENVIRONMENTAL SERVICES, TO REZONE PROPERTY LOCATED AT 4261 RAVENSWOOD ROAD, DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM C-2 (COMMERCIAL), TO IROM (INDUSTRIAL RESEARCH OFFICE MARINE); SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Dania Beach City Commission Agenda—June 12, 2007 Page 6 of 7 9.3 RESOLUTION 42007-106 A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY MARK KIESER, LANDSCAPE ARCHITECT WITH CRAVEN THOMPSON & ASSOCIATES REPRESENTING STEPHEN ST. CLAIR, PROPERTY OWNER OF "DANIA BEACH OUTDOOR STORAGE", FROM CHAPTER 28, "ZONING", ARTICLE 5.60, "WALLS, HEDGES AND FENCES", FOR PROPERTY LOCATED AT 375 NW 9T" AVENUE, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 10. COMMISSION COMMENTS 10.1 Commissioner Bertino 10.2 Commissioner Castro 10.3 Commissioner Flury 10.4 Vice-Mayor Jones 10.5 Mayor Anton 11. DISCUSSION AND POSSIBLE ACTION 12. APPOINTMENTS 12.1 Human Relations Board (10 Members—2 per Commissioner—2 Year Term) Commissioner Bertino— 1 appointment 12.2 Marine Advisory Board (15 Members—3 per Commissioner—2 Year Term) Vice-Mayor Jones— 1 appointment 12.3 Nuisance Abatement Board (5 Regular and 2 Alternate Members — 1 per Commissioner—Alternates by entire Commission—2 Year Term) Commissioner Flury— 1 appointment 2 Alternate positions 12.4 Police and Fire Pension Board—9ch Member Selected by Board The Police and Fire Pension Board selected Carolyn Jones as the 9th Member of the Board. The name of the person selected shall be submitted to the City Commission which shall, as a ministerial duty, appoint the person to the Board. Dania Beach City Commission Agenda—June 12, 2007 Page 7 of 7 13. ADMINISTRATIVE REPORTS 13.1 City Manager 13.2 City Attorney 13.3 City Clerk—Reminders: Saturday, June 23, 2007—9:00 a.m. Strategic Planning Session Tuesday, June 26, 2007—7:00 p.m. Regular City Commission Meeting Thursday, July 19, 2007 —6:00 p.m. Abatement Hearing 14. ADJOURNMENT 4--� T S- RESOLUTION NO. 2007-114 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, DECLARING JUNE 1 AS A DAY OF REMEMBRANCE FOR SOPHIE STEELE; FURTHER, PROVIDING AN EFFECTIVE DATE. WHEREAS, Sophie Steele, a long time business owner and resident of Dania Beach, passed away on June 1, 2007; and WHEREAS, Sophie Steele was a strong and very successful advocate for the City of Dania Beach; and WHEREAS, Sophie Steele teamed up with a renowned leader in the drug war and developed TURN AROUND DANIA BEACH. She organized and participated in anti-drug marches in every community in Dania Beach experiencing illegal drug activity. Her commitment coupled with the Turn Around movement led to significant improvements in our community, and WHEREAS, Sophie Steele successfully and tirelessly lobbied for local ordinances making it more difficult for illegal activity to occur in our City; and WHEREAS, Sophie Steele understood that children are the future of Dania Beach. Through the Turn Around group, she applied for and received a grant to start the "Time 4 Kids' program. This program, fully funded through the State of Florida, was the first of its kind and has proven very successful, resulting in improved grades and FCAT scores for many of our children. This program continues to help local children today; and WHEREAS,the City, its residents and its children are deeply indebted to Sophie Steele for her tireless efforts to help to improve this community; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That the City Commission of the City of Dania Beach, Florida and its City Commissioners individually, and on behalf of the citizens of Dania Beach, will recognize June 1 of each and every year as "Sophie Steele Remembrance Day". Her dedicated service to our community has made it a much better place to live. She will be greatly missed. Section 2. That this Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED on 2007. BOB ANTON MAYOR ATTEST: APPROVED AS TO FORM AND LEGALITY: LOUISE STILSON THOMAS J. ANSBRO, CITY ATTORNEY CITY CLERK MINUTES OF WORKSHOP DANIA BEACH CITY COMMISSION AUDITOR INTERVIEWS TUESDAY, MAY 15, 2007 — 6:00 P.M. 1. Call to Order Mayor Anton called the meeting to order at 6:00 p.m. 2. Roll Call Present: Mayor: Bob Anton Vice-Mayor: Albert Jones Commissioners: John Bertino Anne Castro Patricia Flury Assistant City Manager: Colin Donnelly City Attorney: Thomas Ansbro City Clerk: Louise Stilson Patricia Varney, Director of Finance, noted for the record that the firm Watson & Rice did not meet all the requirements of the bid. The Bid Committee rating of the firm was 61.88, which puts them in fourth place. She clarified that she did not disqualify the firm, they ranked fourth. City Attorney Ansbro summarized we sent Watson & Rice a letter notifying they ranked fourth, and would not qualify for an interview. 3. Auditor Interviews (15 minute presentation by the Auditors followed by 15 minutes of questions by the City Commission) 6:00 p.m. Rachlin Cohen& Holtz, LLP Jerry Chiocca, CPA, Audit Partner, Rachlin, Cohen & Holtz, advised that for more than 38 years his firm has provided professional services to governmental entities. He is a member of the American Institute of Certified Public Accountants (AICPA) Government Audit Quality Center. Mr. Chiocca noted that they have assembled an Audit Team whose skills and experience match the requirements of the City. This engagement would be primarily staffed from Rachlin's Fort Lauderdale and Miami Offices, but the resources of all their offices would be made available to the City. He indicated he would be in charge of all decisions that affect the planning, execution and completion of the proposed audit. Mr. Chiocca stated that for the past 12 years, they have presented an annual Governmental Symposium, which focuses on current developments in governmental affairs, including accounting, legal and operational topics. He introduced the Team Structure members: Michael D. Futterman, CPA, Technical Resource and Concurring Reviewer Duane A. Mathis, CPA, Audit Supervisor Arieh Davidoff, I.T. Auditor The members of the firm reviewed their experience, strategic planning and audit procedures. The audit process would include four phases: 1.) Strategic Planning (July); 2.) Execution of Audit Plan (September-December); 3.) Evaluation of Audit Results (December) and 4.) Completion and Delivery (January). Vice-Mayor Jones asked about their community involvement. Mr. Chiocca advised they are involved in several community activities throughout Broward County. They have recently created the Rachlin Foundation that provides assistance to various County agencies and charitable organizations. Vice-Mayor Jones asked if it was their policy to include the Commission in the interview process. Mr. Chiocca indicated that they would sit with all Commissioners when requested to do so. Commissioner Castro questioned if they were ever discharged from a municipal or private agency, and if so, why. Mr. Chiocca responded that they were only discharged through a normal rotation policy, not for performance. Commissioner Castro asked about I.T. audit frame standards. Arieh S. Davidoff, I.T. Auditor advised there were International standards for audit. He commented the City's I.T. infrastructure was fairly small and we have the advantage of using an application service provider for our financial accounting system. Mr. Davidoff responded for Commissioner Castro that when they were hired by the City three years ago, they communicated with SunGuard-HTE to find out about their back-up and security. Commissioner Castro asked if any members of the team had ever quit a job, and if so, why. Mr. Chiocca responded no. Commissioner Castro questioned if they would bring any disagreement they had with staff to the Commission. Minutes of Workshop 2 Dania Beach City Commission Auditor Interviews Tuesday,May 15,2007-6:00 p.m. Mr. Chiocca indicated they would proceed through the chain of command, the City Manager and then the City Commission. He advised that if a problem was identified, they would bring it up during the audit. Commissioner Castro wanted to know if they had any concerns about being too familiar with staff. Mr. Chiocca advised this does not cause any discomfort. He also noted they rotate their staff which creates a new look in their working environment. Commissioner Flury noted that the Auditors' experience in the governmental area was an important factor during the selection process. She added that their relationship with the Commission was even more important. Commissioner Flury confirmed with Finance Director Varney that all references obtained from other municipalities were good. Mr. Chiocca clarified for Commissioner Flury that Duane Mathis, CPA, would be the on-site auditor. The other members of the team would be available on a consulting basis. Mayor Anton emphasized that the Auditors work for the City Commission therefore any irregularities during the audit should be reported to them immediately. He thanked Rachlin Cohen& Holtz for their presentation. Mr. Chiocca acknowledged that they have worked with the City in the past and they understand the Commission responsibility relating to the correct administration of public funds. 6:30 p.m. Keefe, McCullough& Company, LLP William G. Benson, CPA, was pleased to be given the opportunity to perform auditing services for the City. He noted that their firm has existed for over thirty-five years and they are located in Fort Lauderdale. Their office consists of nine partners, with approximately fifty professional accounting staff and administrative support personnel. Mr. Benson indicated that their practice includes audit engagements, management advisory services, tax planning and tax return preparation as well as consulting services. They would have an experienced CPA working on site. Cindy L. Calvert, CPA, advised that their firm currently provides auditing services for over 125 non-profit and governmental entities. They are very familiar with compliance of auditing in accordance with the Government Auditing Standards. She indicated that they have many clients with substantial grant revenue, such as FRDAP and LLEBG, who are satisfied with their service. Mr. Benson questioned how his firm could have rated third when they perform auditing services for nine of the thirty-one cities in Broward County. He felt their firm would be the best qualified to perform the City's audit engagement based on substantial governmental experience and their absolute dedication to quality in their practice. Minutes of Workshop 3 Dania Beach City Commission Auditor Interviews Tuesday,May 15,2007—6:00 p.m. Commissioner Flury asked Mr. Benson to review the team that would be working in the City. Mr. Benson advised that Cindy Calvert would be the field leader and both she and Steve Akins would be working on site. Kenneth Smith would be the review partner. He noted that their entire professional accounting staff was part of their governmental staff. Vice-Mayor Jones questioned their community involvement. Mr. Benson indicated they have worked with the Red Cross, the United Way, Junior Achievement, and others. They are in favor of fundraisers and getting involved with the community. Vice-Mayor Jones asked if they have been involved in any lawsuits during the past three years. Mr. Benson indicated they have never been involved in any lawsuits. Vice-Mayor Jones questioned their policy in meeting with the Commissioners. Mr. Benson advised they will meet with the Commissioners when requested, and discuss any issues they may find. Commissioner Castro asked why they were replaced in the City of Margate after working for them for thirty-five years. Mr. Benson advised they were faced with a lot of pressure for rotation. He responded for Commissioner Castro that they have never been discharged or quit a job. Commissioner Castro wanted to know what type of Information Technology audit they perform. Mr. Benson indicated they have certified network engineers who can work around each city's needs. Commissioner Bertino confirmed with Mr. Benson that they would be willing to negotiate on their fee structure. Mr. Benson confirmed for Commissioner Flury that they are currently working on audits for the Cities of Lighthouse Point, Plantation, Weston, Parkland, Wilton Manors, Hillsboro Beach, Pembroke Park, Southwest Ranches and Sea Ranch Lakes. Mayor Anton asked about their policy with regards to familiarity with staff. Mr. Benson stated they are aware they work for the Commission and if they identify any issues they would report directly to them. Minutes of Workshop 4 Dania Beach City Commission Auditor Interviews Tuesday,May 15,2007—6:00 p.m. 7:00 p.m. Alberni Caballero & Castellanos, LLP Nelson Caballero introduced Nestor Caballero, CPA, Engagement Partner, and Yannick Ngendahayo, Senior Accountant,to the Commission. Nelson Caballero indicated he is a partner in the firm, however he would not be one of the key members on this engagement. He was representing Elias Castellanos, Quality Control Partner and Martha Romero, Senior Accountant, who were both unable to attend tonight's meeting because they are currently out of state. Mr. Caballero reconfirmed their commitment to the City and stated that all their resources and staff would be available to make sure that the engagement is completed in a timely and efficient manner. He advised that two firms merged together to become Alberni Caballero & Castellanos. They have been providing professional CPA services throughout Florida for the past thirty years. They consist of five partners and over twenty professionals who specialize solely in serving the public sector. Nestor Caballero advised they are strong partners throughout the engagement providing the City with a high level of service. Their fees are all-inclusive, and there would not be any additional charge for any meeting they have with the Commission. He noted that Elias Castellanos once worked on the auditing team for the City of Dania Beach. Mr. Caballero indicated that everyone on the team has experience with governmental audits. They would bring experience, quality, efficiency, and cost savings to the City. Yaimick Ngendahayo and Nelson Caballero gave a brief overview of their previous experience and their professional practice with government entities. Vice-Mayor Jones questioned the firm's community involvement. Nestor Caballero advised that they have been involved with Johnson& Wales, as well as several non-profit organizations. He confirmed for Vice-Mayor Jones that they have never walked off a job or failed to meet their deadlines. Vice-Mayor Jones confirmed with Mr. Caballero that they have not had any lawsuits and they would meet with the Commissioners before the audit as part of their planning. Commissioner Castro asked about the 2006 merger of the two firms. Nestor Caballero indicated that Caballero & Castellanos started their practice in May 2004, and Alberni, Caballero & Alberni had been in business since 1972. He stated that none of the partners have been fired from a job. Mr. Caballero advised that the I.T. audit standards involve the same tests that the City would perform. They have previously worked with HTE/Sungard and are familiar with the program. Nelson Caballero emphasized that all the partners will meet before they bid on a project to insure they have the ability to perform the work. Minutes of Workshop 5 Dania Beach City Commission Auditor Interviews Tuesday,May 15,2007—6:00 p.m. Nestor Caballero clarified for Commissioner Flury that he, Martha Romero and Yannick Ngendahayo would be working on-site. 4. Ranking of Firms by the City Commission City Attorney Ansbro advised that we are not here to negotiate the fee structure, only to rank the firms. He read a recent Amendment to the Florida Statutes governing the selection of municipal auditors which establishes that the City Commission should select the highest ranked qualified firm and if they decide not to do this, they must document the reasons for not selecting that specific firm. Commissioner Bertino asked Director Varney how often we utilize the hourly rate above the basic service offered in the proposal. Finance Director Varney advised that this only happens if the City is not ready when the auditors come, and that she has never experienced this in her 20 years of government employment. Commissioner Flury indicated she will rank Alberni Caballero & Castellanos, as #3, because Martha Romero, who would probably be the key person on this engagement, was not here tonight and she and Yannick Ngendahayo have only audited small cities. She thought Keefe, McCullough was focused on small cities and ranked #2. Commissioner Flury ranked Rachlin Cohen&Holtz#1. Commissioner Bertino thought rotating the auditors was a good thing for the City, because they bring fresh ideas. He was concerned about Alberni, Caballero & Castellanos because they do not have enough experience. He finally ranked Keefe, McCullough #1, Alberni, Caballero & Castellanos 42, and Rahlin Cohen & Holtz#3. Vice-Mayor Jones thought Alberni, Caballero & Castellanos was a young firm and might not have the experience we want. He was uncertain about the experience Keefe, McCullough might have, but ranked them#1, Rachlin Cohen&Holtz#2, and Alberni, Caballero & Castellanos#3. Commissioner Castro agreed with the rest of the Commission regarding Alberni, Caballero & Castellanos. She thought they were a young and inexperienced firm and have only worked with small cities. Also the fact that one of the key personnel was not present at this meeting was not a good start. Commissioner Castro was also concerned with the software they use. She believed in changing auditors therefore she ranked Keefe, McCullough#1, Rachlin Cohen& Holtz#2 and Alberni, Caballero & Castellanos #3. Commissioner Castro further commented that she was impressed with Keefe, McCullough because of their experience and partners. Mayor Anton agreed that Alberni, Caballero & Castellanos was inexperienced and the key person was not here tonight. He was concerned with the high cost presented by Keefe, McCullough, but was very impressed with Cindy Calvert and the frrm's experience. Mayor Anton had no problem with Rachlin, Cohen & Holtz continuing as auditors for the City for Minutes of Workshop 6 Dania Beach City Commission Auditor Interviews Tuesday,May 15,2007—6:00 p.m. another term. He ranked Rachlin, Cohen & Holtz #1, Keefe, McCullough 42 and Alberni, Caballero & Castellanos #3. Bertino Castro Flury Jones Anton Alberni Caballero & 2 3 3 3 3 Castellanos, LLP Keefe, McCullough& 1 1 2 1 2 Company, LLP Rachlin Cohen&Holtz, 3 2 1 2 1 LLP The results of the combined ranking by the Commission are as follows: 3. Alberni Caballero & Castellanos, LLP 2. Rachlin Cohen& Holtz, LLP 1. Keefe, McCullough & Company, LLP predicated upon negotiation of a reasonable fee with Keefe, McCullough& Company, LLP. Finance Director Varney suggested the Commission set up parameters which would make negotiations easier. Mayor Anton advised Finance Director Varney to call the Commissioners individually during negotiations, if she so wished. Mayor Anton announced the City Commission ranking and explained that Alberni was ranked low due to their experience and the cities served, and that a key principle was not present tonight. City Attorney Ansbro clarified for the record that the fee submitted by Keefe, McCullough & Company would be negotiated because it was unacceptable. 5. Adiournment Mayor Anton adjourned the meeting at 7:39 p.m. ATTEST: CITY OF DANIA BEACH LOUISE STILSON, CMC BOB ANTON CITY CLERK MAYOR-COMMISSIONER Minutes of Workshop 7 Dania Beach City Commission Auditor Interviews Tuesday,May 15,2007—6:00 p.m. MINUTES OF MEETING DANIA BEACH CITY COMMISSION ABATEMENT HEARING THURSDAY, MAY 17, 2007 - 6:00 P.M. 1. Call to Order Mayor Anton called the meeting to order at 6:00 p.m. 2. Roll Call Present: Mayor: Bob Anton Vice-Mayor: Albert Jones Commissioners: John Bertino Anne Castro Patricia Flury Assistant City Manager: Colin Donnelly City Attorney: Tom Ansbro City Clerk: Louise Stilson Code Attorney: Tim Ryan 3. Abatement Requests 3.1 Request for abatement for Palm Beach Polo Holdings, Inc., Case #02-3248, for property located at 750 NE 7a' Avenue (#0235-17-0030) (Continued from March 15, 2007) Attorney Tim Ryan advised that Larry Zink, attorney for Palm Beach Polo Holdings, Inc., requested a continuance until the July 19, 2007 Abatement Hearing. Commissioner Bertino motioned to continue the abatement request until the July 19, 2007 Abatement Hearing at 6:00 p.m.; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 3.2 Request for abatement for Bony Capetillo, Case #06-0336, for property located at 2717 SW 47th Street(#0229-14-0350) Attorney Tim Ryan advised this case is for failure to obtain a Building Permit for construction of a carport. The total amount of the lien is $18,150. The Special Magistrate recommends abating the lien to $2,500. Commissioner Bertino motioned to abate the lien to $2,500, to be paid within 30 days; seconded by Vice-Mayor Jones. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 3.3 Request for abatement for Florida Sweeping Inc., Case #05-0440, for property located at 4630 SW 44t' Avenue (#0125-28-0011) Attorney Tim Ryan advised the property was annexed into the City in 2001. This case involves six violations for failure to obtain an Occupational License for business; failure to obtain Occupational Licenses for each separate business on the property; failure to vacate persons from all mobile living units on the property and cease all such operations; failure to cease using semi- trailers on the property for any purpose not in conjunction with the approved use as determined at the time of issuance of an Occupational License; failure to cease use of the property for purposes other than those approved by the Occupational License; and failure to remove all items not permitted on the property. The total amount of the lien is $30,810. The Special Magistrate recommends abating the lien to $15,405. Attorney Dick Coker, representing Florida Sweeping, Inc., explained that the owner of the property, Basil Sloly, is not a developer. The property was annexed into the City in 2001, and Mr. Sloly operates the business that sweeps the streets on Interstate 95. He distributed an aerial photograph of the property. Attorney Coker explained that Mr. Sloly purchased the property in 1995, but has been operating the business since 1990. He noted his client purchased a Broward County Occupational License every year and was unaware that he had annexed into the City until 2005 when he was notified by the Dania Beach Code Enforcement Division. He indicated that Mr. Sloly was never able to obtain a Dania Beach Occupational License because he was unaware that Broward County had never issued a Certificate of Use. Without a Certificate of Use the Community Development Department did not consider the business a legal non- conforming use, and would not issue an Occupational License. Mr. Sloly had to dismantle the business and clear the site. Attorney Coker distributed copies of receipts totaling $29,000 paid by Mr. Sloly to bring the property into compliance. He commented that Mr. Sloly is out of business because he has no place to conduct his business; he has lost use of his property due to the annexation. Attorney Coker requested a reduction to a nominal fine. Basil Sloly, owner of the property, noted he has been on the property since 1990, and works for FDOT cleaning the turnpikes and Interstate 95. His Occupational License and the building on the property were legally permitted by Broward County. He stated that due to the fact that he Minutes of Abatement Hearing 2 Dania Beach City Commission Thursday,May 17,2007—6:00 p.m. cannot obtain a Dania Beach Occupational License, he has to give up his contract with FDOT and is unable to continue with the operation of his business. Commissioner Flury motioned to abate the lien to $2,500, to be paid within 30 days; seconded by Vice-Mayor Jones. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 3.4 Request for abatement for Bryan Road Investments LLC, Case #05-0835, for property located at 80 SW 8`h Avenue (#0234-24-0080) Attorney Tim Ryan advised the property was cited for one violation of failure to comply with all requirements and conditions of Site Plan approval. The project was approved for 33 units, but there were more than 33 units on the property. The fine ran for 61 days for a total of$6,100. The Special Magistrate recommended abating the fine to $2,500. The case came before the Commission on January 18, 2007, but there was no reduction because the respondent was not present. Moshe Levy, 2604 SW 55`h Street, noted he was unaware of the problems when he purchased the property. He stated he was given 90 days to fix the problem, and that is when the hurricanes came. He said he then requested an extension, but was denied. Commissioner Bertino motioned to abate the fine to $2,500, to be paid within 30 days; seconded by Vice-Mayor Jones. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 3.5 Request for abatement for GC Properties LLC, Case #05-1425, for property located at 2402 SW 54`h Street (#0232-23-0210) Commissioner Bertino motioned to rehear Case #05-1425; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote; Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes Attorney Tim Ryan advised the property was cited for one violation of failure to obtain permits for the construction of an addition/accessory structure and a fence. The fine ran for 201 days for a total of$30,326.50, including recording fees. The Special Magistrate recommended abating the fine to $10,000. The case came before the City Commission on January 18, 2007, but the Minutes of Abatement Hearing 3 Dania Beach City Commission Thursday,May 17,2007—6:00 p.m. Commission denied the recommendation of the Special Magistrate and kept the original amount. Tonight's request is for an abatement of$15,000, to be paid within 30 days. Commissioner Bertino motioned to abate the lien to $15,000, to be paid within 30 days; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes Items #3.6 and #3.7 were heard together as it is the same property owner, with different addresses 3.6 Request for Settlement Agreement for J & J Properties of Broward Inc., Case #04- 1241, for property located at 11 S. Federal Highway, a/k/a 15. S. Federal Highway (#0234-01-3380) 3.7 Request for Settlement Agreement for J & J Properties of Broward Inc., Case #04- 1242, for property located at 17 & 19 S. Federal Highway, a/k/a 15 S. Federal Highway, a/k/a 20 N. Federal Highway (#0234-01-3390) Attorney Tim Ryan explained the location of the properties and advised the owner was cited for one violation in each case, for failure to complete unfinished work on parapet causing a blight factor for adjoining property owners. The fine ran for 624 days for a total of$62,576.50 each, including recording fees. The Special Magistrate recommended abating the fine to $60,000 on both cases ($30,000 each). The cases came before the Commission on January 18, 2007 and the Commission upheld the abated amount of $60,000 for both properties to be paid by March 19, 2007. Tonight's request is to accept a Settlement Agreement for the $60,000 with a payment plan of$2,500 per month. Commissioner Castro motioned to accept the Settlement Agreement for $2,500 per month, for a total of$60,000 for both properties; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes Attorney Ryan noted we have two cases that are not on the agenda for Real Estate Development I LLC, Case#05-1010, for property located at 4716 SW 32"d Avenue(#0230-01-0130). Attorney Ryan advised the property was cited for two violations, failure to replace or remove fence that was in disrepair, and failure to repair and paint a building that was in disrepair and discolored. The fines ran for 410 days for a total of $92,176.50. The Special Magistrate Minutes of Abatement Hearing 4 Dania Beach City Commission Thursday,May 17,2007—6:00 p.m. recommended abating the fines to $26,000, however the Commission voted 3-2 to deny the recommendation. They are now proposing a settlement for$50,000, to be paid within 30 days. Commissioner Flury motioned to reconsider Case 405-1010; seconded by Commissioner Castro. The motion carried on the following 4-1 Roll Call vote; Commissioner Bertino No Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes Janna Lhota of Holland & Knight, attorney for Real Estate Development I, LLC, developer of the Watercolors Project, commented that evidence showing repairs for the property were never shown to the Commission. She noted the developer is doing a water and sewer enhancement project in connection with Broward County. She acknowledged they have experienced unexpected cost overruns in excess of $200,000 with the project, and did not see the sense in painting a building and replacing a fence that was going to be demolished. Oscar Grisales, attorney, acknowledged he did not present evidence to substantiate the actions his client took to secure and maintain the property at the March 15`h Abatement Hearing. Commissioner Castro motioned to abate the lien to $50,000 for both cases combined, to be paid within 30 days; seconded by Commissioner Flury. The motion carried on the following 4-1 Roll Call vote: Commissioner Bertino No Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes City Attorney Ansbro advised the Russo case is coming up for a settlement under the Burt J. Harris Act. He noted that Attorney Ryan worked on the Code Enforcement case for the Russo property located west of the airport. Attorney Ryan explained the case involved a commercial storage facility, and the property owner claimed to have a non-conforming use. Russo appealed the Code Enforcement Board ruling to the Circuit Court and lost. He also appealed to the 14`h District Court of Appeal and a partial victory came back to the Circuit Court, which again affirmed in favor of the City. The case went back to District Court and was unsuccessful. Attorney Ansbro advised that Russo filed the Burt J. Harris claim when they lost the case. The case is coming up for trial and they have made an offer to settle with the City for$186,000. City Attorney Ansbro suggested we not accept the offer, and he needs to submit an answer by tomorrow. He further noted that we got sued on Tuesday by the League of Cities, who used to be our insurance company for this case. He asked that we retain Attorney Ryan as the attorney for this case. Minutes of Abatement Hearing 5 Dania Beach City Commission Thursday,May 17,2007—6:00 p.m. The consensus of the Commission was to reject the settlement offer. 4. Adiournment Mayor Anton adjourned the meeting at 7:10 p.m. ATTEST: CITY OF DANIA BEACH LOUISE STILSON, CMC BOB NTON CITY CLERK MAYOR—COMMISSIONER Minutes of Abatement Hearing 6 Dania Beach City Commission Thursday, May 17,2007—6:00 p.m. MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, MAY 22, 2007 — 7:00 P.M. 1. Call to Order Mayor Anton called the meeting to order at 7:00 p.m. 2. Invocation and Pledge of Allegiance Pastor Mario Cinelli, Lighthouse Community Church, gave the Invocation followed by the Pledge of Allegiance to the United States Flag. 3. Roll Call Present: Mayor: Bob Anton Vice-Mayor: Albert C. Jones Commissioners: John Bertino Anne Castro Patricia Flury City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson 4. Presentations and Special Event Approvals Item #4.1 was heard after Item #4.5 4.1 Legislative Update—Representative Evan Jenne Representative Evan Jenne, District 100, commented he was embarrassed that the Legislature did not come up with the Property Tax Relief and Reform for the citizens during this Session. He noted something will be done in the upcoming Legislative Session in June. Representative Jenne indicated it may be something along the sliding scale plan. He advised that people could access the Florida House of Representatives at www.myfloridahouse.gov, to search for their District Representatives or any other related information. Commissioner Castro noted people are disturbed because the gaming funds are not being directed to education. She indicated that people are upset as well over bait and switch insurance. Commissioner Castro thought tax exemptions and a reduction for persons with disabilities should be discussed. Mayor Anton thanked Representative Jenne for taking the time to speak to the citizens. He asked Representative Jenne to address unfunded mandates with the Legislature. 4.2 Presentation of 20 Year Service Awards to Daniel Cherian and LouAnn Cunningham Mary McDonald, Director of Human Resources and Risk Management, and Laurence Leeds, Director of Community Development, presented a 20 Year Service Award to LouAnn Cunningham. Ms. Cunningham has been with the City for 24 years and has worked in several departments. Director McDonald and Dominic Orlando, Director of Public Services, presented a 20 Year Service Award to Daniel Cherian, who has been with the City since October 8, 1986. Mr. Cherian is a Water Plant Operator for the City. 4.3 Presentation on the Dania Beach Cut-Off Canal Dredging Project — Bill Kyriakakis, Commercial/Industrial Manager, Broward County; David K. Roach, Executive Director of Florida Inland Navigation District (FIND); and Susan Engel, FIND Board Member Bill Kyriakakis, Broward County Department of Economic Development, was available to answer questions. David Roach, Executive Director of Florida Inland Navigation District (FIND), presented an overview of the Dania Beach Cut-Off Canal Dredging Project, which presentation is attached and incorporated into these minutes. The Commission was concerned with the City's waterline that runs approximately 9' deep in the canal. Mr. Roach indicated the waterline would need to be lowered and would need to be made a part of the project. Another concern was the depth of the existing seawalls. Mr. Roach noted the project is currently in the planning phase, and these items would be taken into consideration. Mr. Kyriakakis confirmed for the Commission that no contract has been signed by the City. Frank Erble of the Marine Industry encouraged the Commission to continue the dredging project into the Clay Shaw property. Susan Engel, Florida Inland Navigation District (FIND) Board Member, advised she has met with the Mayor and City Manager, as well as citizens, and they are interested in this project. She noted the project could be a combination of all the options discussed. Item #11.2 was heard after Item #4.3. 4.4 Presentation on the Dania Beach Heights Civic Association Grant Project — Lisa Young Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,May 22,2007—7:00 p.m. Mayor Anton advised this item would be continued until the June 12, 2007 City Commission meeting. Item #4.5 was heard after Item #11.2. 4.5 2007 Comprehensive Emergency Operations Plan and Hurricane Annex Report - Deputy Fire Chief Mike Cassano RESOLUTION #2007-093 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE 2007 COMPREHENSIVE EMERGENCY OPERATIONS PLAN; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Deputy Fire Chief Mike Cassano presented an overview of the 2007 Comprehensive Emergency Operations Plan, which presentation is attached and incorporated into these minutes. Vice-Mayor Jones motioned to approve Resolution #2007-093; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes Item #4.1 was heard after Item #4.5 5. Proclamations There were no proclamations at this meeting. Citizen Comments was heard after Item #4.1. 6. Citizen Comments Beulah Lair, 1433 NW 81h Street, Melaleuca Gardens, commented June 5`h is our doomsday. She emphasized that we all need to get up and say we do not need any extensions to the airport. Ronald Scott, Restoration Outreach Center, 23 NW 8'h Avenue, noted he was here representing United Church of Liberia. He asked Patricia Johnson to present some information to the Commission. They requested the City partner with the City of Hollywood and assist in sponsoring the "Progress in the Park" Parade which will be held on July 21", at the Martin Luther King Jr. Community Center. They also requested someone attend the meetings. Commissioner Flury commented this is a great event that benefits the children in Dania Beach. Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,May 22,2007—7:00 p.m. Vice-Mayor Jones commented we need to participate with our Sister City, Hollywood. City Manager Pato indicated a representative would attend the meetings. He noted no financial request was made last year. Joe Van Eton, 1500 SW 2"d Avenue, noted this week is National Tourism Week and a Tourism Appreciation Day Luncheon will be held on Thursday at the Broward County Convention Center. He advised that he was in Tallahassee as a small business owner for Legislative Days. Mr. Van Eton was upset with homeless camps on vacant lots in the southwest area. He asked the Commission to immediately implement the fundable aspects of the previously conducted CPTED study. Chief of Police Donn Peterson, BSO District 2, reported that crime has plummeted and is down 4.9%. He takes exception to the racial overtones in the neighborhood. Chief Peterson reminded the residents that if there is a crime in the neighborhood, e-mailing the Commission is not the way to get police action, they need to call the Police Department. He refuted the comments that there is no community policing in the City; there are two designated trained Community Police Officers in Dania Beach doing their job, as well as the COPS program. Commissioner Castro was disturbed to hear there are no problems in the southwest area. She noted there are good people living in that section of the City who need help. Commissioner Castro urged the Commission to act now. She asked staff to develop a comprehensive plan for that neighborhood. Mayor Anton noted that hysterical a-mails create a fear of crime. He indicated there is no doubt there are problems, but they are being addressed. Mayor Anton further commented they have contacted the school Principals to have the School Resource Officers involved. Commissioner Flury sympathized with the community and their frustration. She thought the biggest problem was Code enforcement, and we need to talk about solutions. Commissioner Flury would like the issue of the comprehensive neighborhood plan to come back to the Commission for discussion. Chief Peterson commented he sees kids being kids and there is no reason to think there is criminal activity involved in a group of children walking in the streets. The neighborhood response team is committed exclusively to the southwest neighborhood. Commissioner Castro would like staff to create an ordinance to govern vacant lots. She thought it would be a good idea to have a policy in place that would protect the residents in the area. Vice-Mayor Jones thought that Commissioners need to come together and move forward with a plan to address these issues. Commissioner Castro motioned to have the southwest neighborhoods, College Gardens, Triangle Village, Sun Garden Isles and the west side of the railroad tracks in the Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,May 22,2007—7:00 p.m. Comprehensive Neighborhood Plan,with funds from Reserves; seconded by Commissioner Flury. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes Commissioner Bertino suggested having studies conducted in the far west also. Mayor Anton noted there is crime in every neighborhood. He suggested the community meet with the City Manager and BSO Chief Peterson and move forward with the plan. Chief Peterson noted he is a public servant and will fight for the Commission and the citizens of Dania Beach. 7. Consent Agenda Items pulled from Consent Agenda: #7.3, #7.6, #7.8 and#7.11 7.1 Minutes: Approve Minutes of the May 8, 2007 City Commission Meeting 7.2 Travel Requests: Request of Nick Lupo and Eric Walton, Code Compliance Division, to attend the Florida Association of Code Enforcement (FACE) Conference in Jacksonville, Florida from June 20-23, 2007, for certification purposes. (Estimated cost $1,357.60—remaining budget $8,027.40) Request of Mark Felicetty, Senior Facility Manager, to attend the Florida Parks & Recreation Association State Conference in Orlando, Florida from August 27-31, 2007, for certification purposes. (Estimated cost $905 —remaining budget $862) Resolutions 7.3 RESOLUTION #2007-091 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, SUPPORTING UNITED STATES SENATE BILL 1115 KNOWN AS THE "ENERGY EFFICIENCY PROMOTION ACT OF 2007"(S. 1115);URGING MEMBERS OF THE FLORIDA CONGRESSIONAL DELEGATION TO SUPPORT S. 1115; DIRECTING THE CITY CLERK TO PROVIDE A CERTIFIED COPY OF THIS RESOLUTION TO MEMBERS OF THE U.S. SENATE COMMITTEE ON ENERGY AND NATURAL RESOURCES, AND ALL OTHER INTERESTED PARTIES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2007-091. Commissioner Castro pulled this item to congratulate whoever put it on the Agenda. Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday,May 22,2007—7:00 p.m. Commissioner Castro motioned to approve Resolution 42007-091; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 7.4 RESOLUTION #2007-092 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING AN EXTENSION OF THE LEASE AGREEMENT EXISTING BETWEEN THE CITY OF DANIA BEACH ("LESSEE") AND THE CITY OF HOLLYWOOD ("LESSOR") FOR USE OF PREMISES AT HOLLYWOOD'S FIRE STATION LOCATED AT 2741 STIRLING ROAD, HOLLYWOOD, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION #2007-094 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO AMEND THE AGREEMENT WITH SUNGARD MAILING SERVICES FOR AN ADDITIONAL THREE YEAR EXTENSION FOR SERVICES TO BE PROVIDED FOR PRINTING AND MAILING OF WATER AND SEWER BILLINGS, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION #2007-095 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA ESTABLISHING A WATER SURCHARGE IN CONNECTION WITH WATER SERVICES FOR RESIDENTIAL AND COMMERCIAL USERS; PROVIDING FOR CONFLICTS,FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2007-095. Vice-Mayor Jones pulled this item so the residents are made aware of the situation. Mayor Anton explained that we would need to shut down our wells due to possible saltwater intrusion, and purchase water from Broward County or the City of Hollywood. He indicated that this would be a significant cost to the City for a non-budgeted item. In order to cover this expense we will need to add a 30% surcharge to our water bills, which equates to approximately $3 per month. Vice-Mayor Jones motioned to approve Resolution #2007-095; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,May 22,2007—7:00 p.m. 7.7 RESOLUTION#2007-096 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY WITH ASHBRITT, INC., A FLORIDA CORPORATION, FOR DISASTER RECOVERY SERVICES WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.8 RESOLUTION#2007-097 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AMENDMENT TO THE NOVEMBER 14, 2006 DEVELOPMENT AGREEMENT EXISTING BETWEEN THE CITY OF DANIA BEACH AND THE ARAGON GROUP, INC.,TO CLARIFY THE FACT THAT CHANGES TO THE CAPITAL IMPROVEMENT PLAN INCORPORATED INTO THE AGREEMENT CAN ONLY BE AUTHORIZED PURSUANT TO AN AMENDMENT TO THE AGREEMENT;PROVIDING FOR CONFLICTS;FURTHER PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2007-097. Commissioner Castro pulled this item to let people know of the change in the Development Agreement, which was previously discussed at the May 8"' Commission Meeting. She commented she has not yet received a response from Attorney Donald Hall as to the City having the first right of refusal in the event the Tomato Field property is ever for sale. Commissioner Castro motioned to approve Resolution 42007-097; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 7.9 RESOLUTION #2007-098 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AMENDING RESOLUTION NO. 58-99 TO ADD BOARD REVIEW AND RECOMMENDATIONS (TO BE MADE TO THE CITY COMMISSION) OF REQUESTS FOR USE AND FEE WAIVERS FOR CITY PARKS AND PARK FACILITIES (P.J. MELL C.W. THOMAS AND FROST PARKS) TO THE DUTIES OF THE PARKS, RECREATION AND COMMUNITY AFFAIRS ADVISORY BOARD; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.10 RESOLUTION#2007-099 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR A GRANT RELATED TO THE BROWARD COUNTY LAND AND WATER CONSERVATION FUND GRANT PROGRAM (2008-2009) IN THE APPROXIMATE AMOUNT OF $200,000.00, TO PROVIDE FUNDING FOR THE SE 5"'AVENUE LINEAR PARK PROJECT;AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE APPLICATION; AUTHORIZING MATCHING FUNDING REQUIREMENTS TO BE DERIVED AND SATISFIED FROM THE LINEAR PARK PROJECT FUNDS; AUTHORIZING THE ACCEPTANCE AND EXECUTION OF THE GRANT AGREEMENT UPON ITS AWARD, AUTHORIZING THE DIRECTOR OF FINANCE TO APPROPRIATE THE FUNDING UPON AWARD; AUTHORIZING Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,May 22,2007—7:00 p.m. EXTENSIONS, IF NEEDED; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Ordinances (Title read by City Attorney) 7.11 ORDINANCE#2007-011 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY DOREEN BARTLEY, PRESIDENT OF EAGER BEAVER CONTRACTORS FOR THE `BARTLEY" PLAT, SUCH PROPERTY BEING GENERALLY LOCATED AT THE SOUTHEAST CORNER OF SW 40TH AVENUE AND SW 58T"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 `BARTLEY" PLAT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the title of Ordinance#2007-011. Commissioner Bertino pulled this item because the applicant, John Bartley, would like to make some comments. John Bartley, 201 SE 2"d Avenue, asked for some consideration on the park fee. He noted he purchased the property three years ago, when prices were high, and its value is currently 30% lower. Laurence Leeds, Community Development Director, advised that the Commission approved a lower fee for another developer. The park fee for this property is $32,357. The property is zoned for 9 single family homes. He explained the formula is based on the value of the land and the development of the property. Mr. Bartley indicated that Broward County has taken 6,000 square feet from this property, which is still included in the fee, to install a future right turn lane. Director Leeds noted that the Code gives the Commission discretion to make a determination. He will obtain more information in terms of the County dedication and bring it back to the Commission at the Second Reading of the Ordinance. Vice-Mayor Jones motioned to approve Ordinance #2007-011, on first reading; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes Commissioner Flury motioned to approve the Consent Agenda, with the exception of Items #7.3 #7.6, #7.8 and #7.11; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,May 22,2007—7:00 p.m. Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 8. Bids and Requests for Proposals There were no proposals at this meeting. 9. Public Hearings and Site Plans 9.1 ORDINANCE #2007-010 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 23 OF THE CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED "TAXATION" BY REVISING SECTION 23-111 TO PROVIDE FOR HOMESTEAD EXEMPTION OF UP TO $50,000.00 FOR ANY PERSON WHO HAS ATTAINED THE AGE OF SIXTY-FIVE AND MEETS OTHER SPECIFIED ELIGIBILITY CRITERIA; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2007-010. Mayor Anton opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Commissioner Castro motioned to adopt Ordinance #2007-010, on second reading; seconded by Vice-Mayor Jones. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 10. Commission Comments 10.1 Commissioner Bertino Commissioner Bertino commented on the Occupational License which is required for rental properties. He suggested sending a letter to real estate firms in our area, notifying them to advise their clients of this requirement. Commissioner Bertino also noted that in order to obtain this license, they are requested to provide their Social Security number and their Driver's License number. He thought personal information such as this should not be included in this type of applications. Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,May 22,2007—7:00 p.m. Laurence Leeds, Community Development Director, indicated that it is a requirement that either the Social Security number or the Employee Identification number be provided. He noted that we do not make copies of these cards, we just verify that the information given is correct. City Attorney Ansbro confirmed that this is statutorily required. Commissioner Bertino commented that the Lions Club was cited for having a steel container on the property. He noted that they give all their money away to charity and it will cost them to remove the shed and construct a new one. Also, the City uses the property as a polling location. Commissioner Bertino would like to know what the exact definition of a shed is, so the Lions Club can do whatever is necessary to turn the container into a shed. Commissioner Bertino reminded everyone to drive carefully since May 3Is' will be the last day of school, and there will be children playing in the neighborhoods. Commissioner Bertino wished everyone a Happy Memorial Day. 10.2 Commissioner Castro Commissioner Castro welcomed the new Tropical Shores Homeowners Association. Commissioner Castro indicated people will notice the new air traffic patterns for Caribbean flights, so there will be more traffic and noise coming on both sides of the Hollywood-Fort Lauderdale International Airport. Commissioner Castro advised that the Griffin Civic Association will hold their Spring Dinner at P.J. Meli Park on June 4th. On June 5th, they will join us at the Broward County Convention Center at 6:00 p.m. for the Airport Expansion Meeting. Commissioner Castro noted that there will be a Public Workshop to discuss the Interstate 95 Express Lane, on Thursday May 3I't at the Sheridan Hotel on Griffin Road. Commissioner Castro advised that Zelda Rodin, from Ocean Waterways Trailer Park, passed away last Saturday. She will be sorely missed. 10.3 Commissioner Flury Commissioner Flury had no comments. 10.4 Vice-Mayor Jones Vice-Mayor Jones advised everyone of the meeting he will have on May 29th at 6:00 p.m., in the Commission Chamber at City Hall regarding the airport issue. He encouraged everyone to attend the meeting, as well as the public hearing on June 51h at the Broward County Convention Center. Vice-Mayor Jones noted his meeting was for Dania Beach residents. Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,May 22,2007—7:00 p.m. Vice-Mayor Jones noted the Recycle Plant on Phippen-Waiters Road is filled with garbage. Vice-Mayor Jones reported that Everglades High School became a Sister School to Collins Elementary and they will be contributing to the uniforms. Vice-Mayor Jones advised that he will have surgery on May 30th. He indicated he will have a prepared statement for the June 5th Airport Meeting. 10.5 Mayor Anton Mayor Anton commented on the June 51h meeting at the Broward County Convention Center at 6:00 p.m. He advised that the City will provide buses from City Hall, P.J. Meli Park and Frost Park, to transport people to the meeting. He also encouraged people to wear red shirts. 11. Discussion and Possible Action 11.1 Discussion to allow Vice-Mayor Jones to enroll in the General Employees Pension Plan as opposed to the Florida Retirement System Mayor Anton noted this item has been withdrawn from the Agenda. Item #11.2 was heard after Item #4.3. 11.2 Southeast Neighborhood Traffic Calming — Bill Carey and Tim Stillings of Kimley- Horn and Associates Bill Carey, Kimley-Horn and Associates, presented an overview of the project, which presentation is attached and incorporated into these minutes. Commissioner Flury expressed her concern with incorporating some of the phases with the implementation of City projects. She indicated that SE 5th Avenue (Phase 113) had to be on the same schedule as Phase IA. Mayor Anton was concerned with funding for the project. He suggested discussing this matter in detail during Budget time. Commissioner Castro reminded everyone that other neighborhoods have been waiting for speed humps for many years. Although there will be additional traffic concerns with the development of Boyd Gaming, we cannot lose sight of other areas of the City. She noted we may want to consider another bond referendum or other methods of funding. Item #4.5 was heard after Item #11.2. Item #11.3 was heard after Item #11.1. Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday,May 22,2007—7:00 p.m. 11.3 Discussion of establishing a Grant Writing Advisory Board—Vice-Mayor Jones Vice-Mayor Jones advised that he would like to establish a Grant Writing Advisory Board because the City does not have a grant writer. Boards are a vital part of the community, and he felt that this board could assist the City with grants that are currently not pursued. He thought this would be an asset to small homeowner associations. Mayor Anton thought this was an interesting idea. He suggested getting together with the City Manager and Assistant City Manager to propose some names. Mayor Anton would like to be able to provide assistance to community groups in the City. Commissioner Flury noted someone would need to outline the purpose of the board and that each Commissioner should have the opportunity to appoint someone to the Board. Commissioner Flury was disappointed to see that Grant funding has declined in the past year. Addendum 11.4 Discussion of the City assuming the T.I.M.E. 4 KIDS Grant from Turn Around Dania Beach Colin Donnelly, Assistant City Manager, advised the City was approached by Turn Around Dania Beach and notified they were no longer able to handle the Grant. Maureen Vass, Project Director, has left the Program and Mr. Heyward McQueen replaced her. The State is requesting a letter stating our intent to take over the Grant. He noted that the Grant was designed to be fully funded in the sixth year by corporate and community partnerships, so we may have the obligation to fully fund the program at this point. Assistant City Manager Donnelly suggested taking the Grant because it has made progress for the children. The Grant pays for three administrators, and Mr. McQueen handles the day to day activities. Commissioner Flury indicated that Turn Around Dania Beach was only intended to be a 5-year Grant. She did not support hiring a third-party administrator. Commissioner Flury suggested we take it over and continue with the current employees. Assistant City Manager Donnelly suggested we run the program as is. He further advised that the Finance Department reviews all their financial statements on a regular basis. Commissioner Bertino motioned for the City to assume the position of Turn Around Dania Beach; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,May 22,2007-7:00 p.m. 12. Appointments Commissioner Flury appointed George Jason to the Airport Advisory Board. Vice Mayor Jones appointed Debra Kalitan to the Human Relations Board. Vice-Mayor Jones appointed Richard Ramcharitar to the Marine Advisory Board. Commissioner Bertino motioned to approve the Board appointments; seconded by Vice- Mayor Jones. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 13. Administrative Reports 13.1 City Manager City Manager Pato clarified for the record that the City is pursuing grant opportunities. City Manager Pato advised that today he met with BSO Chief Peterson and Assistant City Manager Donnelly to discuss Code enforcement issues. Dominic Orlando, Public Services Director, gave an update on the solar lighting project. He advised the contractor will be finished in two weeks, and he offered to provide more fixtures to the City at the same price. Director Orlando noted that we currently have two additional projects, one that will require 60 light fixtures, approximately $500,000; and another requiring 120 fixtures, approximately $1.8M. He indicated that we would not have to go out to bid if we piggy back on this contract. Commissioner Flury would like to have information in writing on the areas that have been identified to receive lighting and how these projects will be funded. Mayor Anton questioned if we could move forward without going out to bid. It was the consensus of the Commission to proceed with the additional projects, as suggested by Director Orlando. 13.2 City Attorney City Attorney Ansbro had no comments. Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday,May 22,2007—7:00 p.m. 13.3 City Clerk—Reminders Wednesday, June 6,2007—6:00 p.m. CRA Board Meeting Tuesday, June 12, 2007—7:00 p.m. Regular City Commission Meeting Saturday, June 23, 2007—9:00 a.m. Strategic Planning Session Tuesday, June 26, 2007—7:00 p.m. Regular City Commission Meeting 14. Adjournment Mayor Anton adjourned the meeting at 10:29 p.m. ATTEST: CITY OF DANIA BEACH LOUISE STILSON, CMC BOB ANTON CITY CLERK MAYOR-COMMISSIONER Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday,May 22,2007—7:00 p.m. LINDA O. LYMAN June 6, 2006 Louise Stilson City Clerk, City of Dania Beach 100 West Dania Beach Blvd, Dania Beach., FL 33004 Re: Status Update on redevelopment of 109 Park Plaza ("Property") Dear Louise: As you know, as a result of a Site Plan extension request, my client agreed to update the City Commission of its progress In redevelopment of the Property. Much activity has ensued since we last appeared before the Commission. 1 am attaching certain documents reflecting that activity that we would like distributed to the Commission for their review prior to the June 12 meeting, The attachments are as follows: 1. A letter dated May 15, 2007 to City Attorney Tom Ansbro enclosing a letter from Jean Cook concerning pre-sales of the project; 2. A letter dated May 29, 2007 to Ivan Pato transmitting 2 appraisals of the Property; 3. An article in the Daily Business Review dated June 1, 2007 concerning a large developer's approach to selling residential in a down market; 4. A letter dated June 6, 2007 from Beth Maitlen analyzing existing market conditions. Additionally, we will be discussing the problem that my client's Insurance company has posed with the City's use of the Property for parking. We will continue to work with the City to make a better Dania Beach and as always appreciate the City's cooperation in the redevelopment of the Property. Sincerely, SIEGEL, LIPMAN, DUNAY, SHEPARD & MISKEL, LLP _ a Bonnie Mis e , sE q. �'}/�}aq T R.M. Works, Inc. 3001 North Ocean Drive Hollywood Beach,FL 33019 Photie (954)923-8093 Fax (954) 923-6668 May 15, 2007 Mr. Thomas Ansbro City of Dania Beach City Attorney 100 W. Dania Beach Boulevard Dania Beach,FL 33004 RE: 109 Park Plaza development status report(the Property) Der Mr. Ansbro, As per Section I of Resolution#2007-033, enclosed here with you will find a copy of a letter from Jean Cook Realty(the sales center for the Property). As you can see from the enclosed letter,I can not pre-sell the apartments in order to get a construction loan. The current market condition for condominium apartments is in deep recession and continues to fall. In this current market,the only other feasible residential development alternative for the Property is a Federally Subsidized Housing and Urban Development(HUD) residential project for moderate to low income families, application is in process. I trust that you will advise the above to the City Commission. Very truly yours, _srael Kushmr President CC: Bonnie Miskel, ESQ. -feain 'Cod Reae/' Jim 46 S.W.Ist Avenue • Dania Beach, Florida 33004 Broward Tel. 954-920-7684 • Dade Tel. 305-655-0090 Fax 954-920-7687 May 8, 2007 Mr. Israel Kushnir 3001 North Ocean Drive Hollywood , Florida RE: Pre - sales of condominium apartments at 109 Park Plaza Dear Mr. Kushnir, My office pre—sale efforts of the above condominium_apartments in the last several months shows that in this market , I cannot pre—sell the above referenced apartments for$350,000.00 to $400,000.00 and more,per apartment , as there is no demand for same . Please advise . Very truly yours., .TF,AN COOKR.F,AT,TY, INC Je ok President ...(or people who need a place to hang their hat. 0 ��h j y + I BROWARD LAW REAL ESTATE FINANCE FRIDAY,JUNE 1, 2007 DailyBusinessReview.com Inside AFFORDABLE HOUSING Real Estate/Finance Lofty living , sans parkin A2 Deal helps Eastern Financial expand into Related Group plans another tower of affordable condos Jacksonvillemarket A4 Coral Springs building but buyers will have to store their cars elsewhere sells for$7.75 million by pie Pedro Mudbay 'rvA A6 Lighthouse Point home omusibay0alm.com sells for $1.99 million B2 Deeds & Mortgages elated Group is launching sales for a fourth B3 Foreclosed properties Loft condo tower indowntoNm Miami this summer, utilizing a cost-saving design with- Legal Review Rout a parking garage and seeking no public A10 Networks help small subsidies. law firms go global Prices will start at$130,000 in the planned 35- floor, 404-unit tower on a narrow vacant lot south A10 Circuit City gets discounts of the Gusman Center for the Performing Arts. with early payments of I 'If not for this type of concept,you wouldn't be legal fees € able to build because you can't build parking' cost effectively, said Oscar Rodriguez, who heads Business Leads/Buying € Related's affordable division. "That lends itself to Opportunities more competitive pricing.' 621 Bid notices The lack of parking is a factor in the unit pricing, 616 Fictitious names & i along with the low cost of the land and the i economies of scale achieved by a company like < occupational licenses Related, Florida's largest condo developer with Oscar Rodriguez says to keep cow done.the 63 Foreclosure sales i 2006 revenue of $1.4 billion. Related GraupY Loft 4 condo rower wont have B16 Marriage licenses Removing the cost of building parking makes parking garage. projects cheaper to develop and a smaller footprint But a draft report by Miami's auditor genre Ch"Wied/DireetOt W workable. The site next to the Gusman Center March revealed some buyers, including Al Lon A9 Business Services i wouldn't accommodate the turning radius of some Mayor Manny Dials campaign manager, made A16 Employment i vehicles. of thousands of dollars in profit by quickly res A14 Legal Practices But eliminating the garage doesn't help the units in a building subsidized with a total of$: A15 Legal Services ; strained parking situation for everyone else looking lion in city and county funds. g j for downtown spots. Despite the public contributions, units were A8 Real Estate Marketplace The first Loft tower was heralded by the develop- ,ant income restrictions. without tying buys i er and city officials as the first major affordable gibility to household income,the federal go%ei Should you here delivery questions, housing project in downtown Miami, and the dev6 balked at a grant request, and MiamimDade Co ' oper pitched units to public employees by e-mail. See Loyy,R call)1-$56-3 7-66ss Page 1 of 1 Subj: Purchase of 109 Park by the Dania City Commission Date: 5/29/2007 11:51:18 A.M. Eastern Daylight Time From: KushnirKii To: ipato@ci.dania-beachAus CC: bmiskel(dsldsmlaw.00m Dear Mr. Pato, As per our conversation, please add the above subject to the Citys' June 12, 2007 Agenda. I have two current appraisals by two different appraisal companies for 109 Park vacant land. One appraisal market value is $3,900,000.00 and the other appraisal market value is $3,700,000.00. Bonnie Miskel will bring the appraisals to the June 12, 2007 Agenda. These appraisals can be reviewed by the City Appraisers to save on new appraisal costs. I have no interest who was the cause of the last appraisals being ordered by the City for 109 Park without the necessary ethical highest and best use. My sell price of$3,500,000.00 remains the same, even though the new TOD Ordinance approves 109 Park for a 14 story commercial/ residential building. However, I need the closing to occur on or about July 5, 2007. There is no downside for the citizens of the City of Dania Beach owning 109 Park. I trust that your experience and good management skills will provide the best results for the citizens of Dania Beach. Very truly yours, Israel Kushnir President of R.M. Works Inc. CC: Bonnie Miskel See what's free at AOL.com. Tuesday, May 29, 2007 America Online: KushnirKii Jun 06 07 09: 16a Beth Maitlen 954-929-3914 p. l HMO � ! U U 600 N. Surf Rd Hollywood, Florida 33019 Beth Maitlen—Broker/Agent 954-920-9679 Office 754-204-7529 Cell R.M. Works, Inc. Israel Kushnir,President 3001 North Ocean Drive Hollywood, FL 33019 RE: Market condition analysis for 109 Park Plaza. Dania Beach,FL Dear Mr. Kushnir, As per your request,I have analyzed the above referenced property and my conclusion is; that under current market conditions,the most suitable product to build on your Property and sell, is affordable condominium apartments(Affordable Housing), It is my professional opinion that you need to revise your current Site Plan to smaller apartments (not moro thou 950 eq. R. per ayn uncut)drld sell them for $250,000.00 and less. Please do not hesitate to contact me with any further information or questions. Sincerely, Beth Maiden Realtor CITY OF DANIA BEACH Agenda Item # 7 Agenda Request Item Date of Commission Meeting: 6/12/2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: ire o L�1 a!`4 x Ix� s fl,Ir" L xy IN I�r' y NE Motion to approve the purchase of additional services from Advanced Processing & Imaging, Inc., a sole source vendor. $® .4�ryt5u. "x,�+ra��6�t I i+�ku I e�y�m� fi yre��,7FI rid y.,�, Gvl vas wlx'� ' 6E � 5'rp©i� a 4 e s v�,ih@¢ re ,`���a,x xv+m�a�R�i,iH,d x ax � y'" mx_i u t� F r v ,.. , m_.. . Exceeds the City Manager's$15,000 threshold. ®xc{W.81 aaxls6�e a 'F.sy�x 11 mire eP & LF Fy(E a�.. x W L 4 �i agar w9� -, e `� tL t,l y a �x�e. Enables the City Clerk's Office to have all documents stored on microfilm converted to the Optiview Imaging and Document Management Program. . " ' �'�-�° fa E rI §�� k�ir� ��xl I 3 x rx g E I �4°x I v cy a 'a�g�� 3ar :b (�+�9F�:.x P ,"s rr x xx :I `���N'�.,. .:.�e..e . .........: a . ...?...,.: i.li i.�' II.,,,.,, ME— :I,a...,, Dept: 1600 City Clerk Acet#: 001-1600-512.34-10 Amt: Fund: General: ❑X Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ ?y fh' r 5` � 'x 0 t3zLPi .�y3 Y 1 I.. T )5 01- . P.M. , : x In July 2006, the City contracted with SunGard H.T.E. for the Optiview Imaging and Document Management Program to be subcontracted through Advanced Processing & Imaging, Inc. (API). On December 12, 2006, the City Commission authorized an amount not to exceed $10,000 for the conversion of all airport related documents by API into the Optiview Imaging and Document Management Program. During the budget process, $15,000 was included in the City Clerk's Budget for the conversion of microfilm and other documents into the Optiview Imaging and Document Management Program. . �._. -.fx„_.. ......_ `a.+4 °t +E+E���fi� 5.L e +a nj� � Lef'i �y+E'` a lu +�3"�',aC�% UP 5 E,e��R �,� Resolution Exhibit 1Now Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 �'' la� ' i°3' �y55a�N7,� ,p�'kp�..p �ak�P,�E1i i7h �o�g�y� by �,Cw. nE�i'a i ' r_ �S &ale 'Ira S E�@ ° 3s�'aa �k". wt'+"`-"-'a,r_`a „ Submitted by Louise Stilson Date 05/23/07 Department Director Louise Stilson Date 05/23/07 Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 05/24/07 City Attorney Thomas J. Ansbro Date 05/25/07 Cdy Manager Ivan Pato Date 05/29/07 �, F} :,,".0m NO 3oe.Ej R piie 1'r F °r E F'h�s ^y F5 S tl`L..,E F�"E k�W Le .kt i °., _ l`1FI5 + 4 3 + C N, § 4 :iu ': ... ..AM _._f ..: nui.:.WFv .,__ ':'' :e' s.i .u. e.. I v. ..... N. Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-100 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE ADDITIONAL SERVICES FROM ADVANCED PROCESSING & IMAGING, INC. (API), A SOLE SOURCE PROVIDER, IN AN AMOUNT NOT TO EXCEED TWENTY FIVE THOUSAND DOLLARS ($25,000.00) FOR FISCAL YEAR 2006-2007; 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; and WHEREAS, in July 2006, the City contracted with SunGard H.T.E. for the Optivew Imaging and Document Management Program to be subcontracted through Advanced Processing & Imaging, Inc. (API); and WHEREAS, on December 12, 2006, the City Commission authorized an amount not to exceed $10,000.00 for the conversion of all airport related documents by Advanced Processing & Imaging, Inc. into the Optiview Imaging and Document Management Program; and WHEREAS, an additional cost of $14,999.00 has been identified for the conversion of blueprints and City documents currently stored on microfilm into the Optiview Imaging and Document Management 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 pay an amount not to exceed Twenty Five Thousand Dollars ($25,000.00) for fiscal year 2006/2007, to Advanced Processing & Imaging, Inc. (API), a sole source provider, and the funding will be derived from the City Clerk's Office budget in the amount of$14,999.00 and $10,000.00 from the Airport account. 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. BOB ANTON MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2007-100 CITY OF DANIA BEACH Agenda Item # 73 Agenda Request Item Date of Commission Meeting: 6/12/2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: w e v Spaeak eeu 4 s i cE'S },paLri tI+ r t a t!t srs �! ': rylpli i _. .. _ ... •, ,v..�v_m_m.�... @4._ �X�., .,. l..aL,t�v: ..ae._.. _ ,4..: we..mel5 i....,e.,.�a. � ,. �:: .—meti To make purchases from CDW-G for computer related purchase. A L�" "�°'r.�'aee�,}Crt s�o-n e t kpm- er den rvX d v'f t t' t t PRU __ WIII exceed $15,000 . je�H�S r N, g :i p Chi Llt�.fF .iP 6a� P}{ F E rss.'^. n L nor.E..� .. :ep:,... Comply with purchasing policy a 6G `} ,pp °P r �` ! �X e. S rX� ! p t 3° E+'HFuis�5 �, ni; ° e e ....94.ER it ,Dept: 1704 Information Services Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ WIN w v aF dtari s�A t�tS}rx��E In this fiscal year, the Information Services division purchased 6 computers, a citrix server, a file service and some software from CDW-G for approximaltey $13,000. Prior to any purchase, staff obtains a quote from CDW-G and whenever their price is lower than GSA Pricing, staff will utilize CDW-G. For the remainder of the fiscal year, staff expects to purchase the license for the back-up server and control card, software upgrade and any hardware that may be required for repairs. It is expected that the total cost for the year will be approximaltey $16,500 which will require Commission approval. ri aq@� z. UOL,HIP P .._E_..a:_..c_r ,. �' .....r 1 Budgeted expenses i 9� t �! � °. y" � „ne+ ,I�j m " t,@Ic �p�P v 'e� R�FRrP��yGr gym: Ir s'�,R e S's `� fi Uz e .3y j . .., EI' II"Y S,��, ���i�.2a' �';���;fi�,?a�.r��;fl �.q'�,. ��� �-:���F.C„s.. 3,5,E „��!!.,�;'_�9_ —Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 jay,_ m. mg ?g v(F- riq 6i v I c e'.� I u '.; ,°�, .,,.�, Submitted by Patricia Varney Date 05/25/07 Department Director Patricia Varney Date 05/25/07 Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 05/25/07 City Attorney Thomas J. Ansbro Date 05/25/07 City Manager Ivan Pato Date 05/29/07 gm, , °�t"ts ju 9rr eF �, 3a s t i3 :a� e�I-'�p 5 g tii q v 9s e3r 's rE as yg ,7.. ®ee 3 eR7ii @�,�,v.Li 94�'sa�4�, E� v €r �c °tF i,"i�r ut—.ME ... . a�-K�,!5���.,"�tv...,_�i.. �` io ,. R RlRgSk.,__ i9 .�, w Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-101 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE PURCHASE OF COMPUTER HARDWARE, SOFTWARE .AND SUPPORT LICENSES FROM CDW-G IN AN AMOUNT NOT TO EXCEED $16,500.00 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 FY2007 purchases from CDW-G for servers, computers, software licenses and printers in the amount of$13,405.93 have been made; and WHEREAS, an additional amount of approximately $3,095.00 is required for the remainder of the fiscal year for the purchase of software, hardware and licensing purchases; and WHEREAS,the City Manager has determined that such software, computer hardware and support licenses can be purchased at the least cost to the City from CDW-G, when cost estimates are obtained which are lower than GSA pricing; 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 a sum not to exceed $16,500.00, payable from the Information Services budget to CDW-G, for the purchase of hardware, software and support licenses. 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. BOB ANTON MAYOR—COMMISSIONER ATTEST: LOUISE STILSON,CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY RESOLUTION#2007-101 CITY OF DANIA BEACH Agenda Item # /. dl Agenda Request Item Date of Commission Meeting: 6/12/2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid IRFP ❑ Presentation ❑ Continued from: MUM a ME n§Pi t = : ��ski ' § ��-,an " .a. .� tnfitgpPropriateAetivriorMotion}.. :, 3M eg- t � ��'K.�GPmfiN�. ie... G!LE t Purchase furniture for City's Hall expansion in an amount not to exceed $41,000 from Corporate Express Business Interiors According to City's purchasing policy that any amount over$15,000 requires Commission approval. me a x,vn§� V 9` i§ !: pRUM INIM Complies with purchasing policy �stt` wa" a a ap � Dept: 1800 General Administration Acct#: 301-1800-519.64-40 Amt: $41,000.00 Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑X **Now FFj-j�� - is G'�a iN wa r.n�i �t ' _ uy 3 .. �� iYlUrtd In Fiscal Year 2007, the commission approved a $50,000 budget for furniture and equipment connected with the City Hall expansion. The City Manager and most of the staff moving to the second floor will be bringing their existing furniture with them with the exception of the HR Director, the Assistant City Manager and the City Clerk. The HR Director's present furniture will be utilized by the Executive Assistant to the City Manager who is currently using a fixed modular unit. The City Clerk's current furniture has been assigned to the Records Technician who was hired at the beginning of the fiscal year. The furniture of the Assistant City Manager will be utilized by the Code Officer Supervisor who is working from a modular and his office will be moved to the current administrative part of the building. The proposed cost also includes new furniture for the downstairs Commission conference room and a cabinet to hide the video recording and broadcasting equipment used for the Commission meetings as well as new furniture for the commission's upstairs office. Finance staff has obtained quotes from two vendors, Corporate Express Business Interiors who carries Hon and National furniture and Palm Beach Contract Furniture, Inc. who carries Global furniture. Attached is the comparison by each office from the two vendors. Staff is recommending to award the purchase to Corporate Express Business Interiors. ' `ii ttmmat�( Not to exceed $41,000 gg Masr k"'Jai' Resolution Comparison Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 5 Exhibit 7 Exhibit 8 MIN R3P k q�,5ii Submitted by Patricia Varney Date 06/05/07 Department Director Patricia Varney Date 06/05/07 Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 06/05/07 CCb Attorney Thomas J. Ansbro Date 06/05/07 Cty Manaaer Ivan Pato Date 06/05/07 J§ NOW pow rm Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-104 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE PURCHASE OF FURNITURE FROM CORPORATE EXPRESS BUSINESS INTERIORS IN AN AMOUNT NOT TO EXCEED $41,000 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 daring 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, each City department that will be affected by the expansion of City Hall has identified its furniture needs; and WHEREAS, the Finance Department has obtained estimates from two office furniture companies, Corporate Express Business Interiors which carries Hon and National furniture and Palm Beach Contract Furniture, Inc. which carries Global furniture; and WHEREAS, the estimate for Corporate Express Business Interiors was obtained under the GSA contract GS-28-f-8047H, and the estimate for Palm Beach Contract Furniture, Inc. was obtained under Broward County School Board Contract No. 26-220X; and WHEREAS,the City Manager has determined that such furniture can be purchased at the least cost to the City from Corporate Express Business Interiors; 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 to Corporate Express Business Interiors, a sum of money not to exceed $41,000 payable from the Capital Projects Fund, for the furniture for City departments affected by the City Hall expansion project purchase of hardware, software and support licenses. 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. BOB ANTON MAYOR—COMMISSIONER ATTEST: LOUISE STILSON,CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION #2007-104 (S 6 0 Of M. N 0 07 . 0 V7 16 C1Nh 1 7 N clYq M O w Ov aN 00 UH t2 ia 0 C2 tmp O O co O O E2 ❑ 76 80 F=0 E j>Wo z u m 0 E < w co) 0 C) o o Fo a 0 .2 0E02 0 E2 > a, 1. -o -. 8 < 02 3 6 c o) 0 olo 12 — 0 _ CITY OF DANIA BEACH Agenda Item # 7 e— Agenda Request Item Date of Commission Meeting: 6/12/2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: nr-appeopnate Actn Mot ion)! . : ' if ioor Appropriate Funding for Neighborhood Redevelopment. HR As requested by the Commission 0-0 e" s f ia�SE�p Dept: 1100 Mayor& Commissioners Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ �fl6 _,l .7`outid" .Ens, „vs. ,.a @a W MUNK During the May 22, 2007 Commission meeting, Commission has requested staff to provide cost for Neighborhood master planning, land use plan amendemnts and zoing code revisions in three neighborhoods (College Gardens, Dania Beach Heights and Sun Garden Isles). Staff has identified a cost of not to exceed $350,000. $100,000 is already in the Fiscal Year 2007 budget, and therefore an additional funding of$250,000 is required. 0NIINXT d .. x..xx .xrtYsary .N' Not to exceed $250,000 1 t vLM $5 dd R Resolution _Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 v.::6 r `:s a a 1P r r '��I g(;r`�-'g3 a h, ..P�i ;'.. 3 Xnc• Intiv.PfiS�i3:i• �'� .. Submitted by Patricia Varney Date 06/05/07 Department Director Patricia Varney Date 06/05/07 Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 06/05/07 City Attorney Thomas J. Ansbro Date 06/05/07 City Manager Ivan Pato Date 06/05/07 _ a ¢v L#'F aF F F �I �` g lm fi `kgtea: tP Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-103 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR APPROPRIATION OF FUNDS NOT TO EXCEED $250,000.00 FOR NEIGHBORHOOD MASTER PLAN, LAND USE PLAN AMENDMENTS AND ZONING CODE REVISIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Dania Beach at the May 22, 2007 Commission meeting approved the funding for a neighborhood master plan for College Gardens, Dania Beach Heights and Sun Garden Isles; and WHEREAS, at the May 22, 2007 Commission meeting, the Commission of the City of Dania Beach also approved the funding for the Land Use Plan Amendments and Zoning Code revisions; and WHEREAS, staff has identified the cost of approximately $150,000.00 for the master plan, $50,000 to $100,000 for the land use plan amendments; and $35,000.00 to $100,000.00 for the code revisions and zoning map changes; and WHEREAS, in the FY 2007 budget, $100,000.00 was budgeted for Neighborhood Redevelopment; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the Director of Finance is authorized to appropriate a sum not to exceed $250,000.00 from the General Fund Balance to fund the Neighborhood master plan for the areas identified above, as well as land use plan amendments and zoning code revisions. 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. ATTEST: BOB ANTON MAYOR—COMMISSIONER LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2007-103 CITY OF DANIA BEACH Agenda Item # 7 G Agenda Request Item Date of Commission Meeting: 6/12/2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: t atdentil5 sppbft 7 fq ar=lVlaEfnny. a Adopt Resolution for loan agreement. 'W"XWO,�i ssar7+ Allows City to obtain State Revolving Funds (SRF) for Melalueca Gardens Water Main Project. AA 0s0t�lpli xha6 Provides Funding for project. Dept: Acct#: Amt: Fund: General: ❑ Wa,ter:�/ ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ 0Rol 4 See memo :rs , Resolution Memo Loan Agreement Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 8 Exhibit 7 Exhibit 8 411111 � C � fx '�t�rat<ttres Submitted by Leo Williams Date 06/05/07 Department Director Dominic Orlando Date 06/05/07 Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 06/05/07 City Attorney Thomas J. Ansbro Date 06/05/07 City Manager Ivan Pato Date 06/06/07 r 4 Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-108 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 LOAN APPLICATION TO BE SUBMITTED TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR $480,000.00 FOR CONSTRUCTION ACTIVITIES ASSOCIATED WITH THE MELALEUCA GARDENS WATER MAIN LOOPING PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE LOAN AGREEMENT; ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Statutes provide for loans to local government agencies to finance the construction of wastewater facilities; and WHEREAS, Florida Administrative Code rules require authorization to apply for loans, to establish pledged revenues, to designate an authorized representative, to provide assurances of compliance with loan program requirements, and to enter into a loan agreement; and WHEREAS, the State Revolving Fund loan priority list designates DEP Project No. DW 0604040 for financing of construction activities involved with the Melaleuca Gardens water main looping project approved in the FY-07 Capital Improvement Plan which are eligible for available funding; and WHEREAS, the City of Dania Beach, Florida, intends to enter into a loan agreement with the Department of Environmental Protection under the State Revolving Fund for project financing; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AS FOLLOWS: Section 1. That the foregoing findings are incorporated by reference and are made a part of this Resolution. Section 2. That the City of Dania Beach, Florida is authorized to apply for a loan to finance DEP Project No. DW 0604040. Section 3. That the revenues pledged for the repayment of the loan are net water and sewer system revenues after payment of debt service on the City's Series outstanding obligations as noted in the loan application. Section 4. That the City Manager is designated as the authorized representative to provide the assurances and commitments required by the loan application. Section 5. That the City Manager is designated as the authorized representative to execute the loan agreement which will become a binding obligation in accordance with its terms when signed by both parties. The City Manager is authorized to delegate responsibility to appropriate City staff to carry out technical, financial, and administrative activities associated with the loan agreement. Section 6. That the legal authority for borrowing monies to construct this Project is the Florida Statutes. Section 7. That all resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are repealed. 2 RESOLUTION#2007-108 Section 8. That this Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED on 2007. BOB ANTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND LEGALITY THOMAS ANSBRO, CITY ATTORNEY 3 RESOLUTION#2007-108 City of Dania Beach to Department of Public Services 100 West Dania Beach Blvd • Dania Beach, FL 33004 (954)924-3741 (954)-923-1109(fax) TO: Mayor Robert Anton Vice Mayor Albert Jones Commissioner John Bertino Commissioner Anne Castro Commissioner Patricia Flury FROM: Ivan Pato, City Manager VIA: Patricia Varney, Finance Director VIA: Dominic F. Orlando, P.E. Director of Public Services Date: May 31, 2007 RE: Approval of Loan Agreement for State Revolving Funds for Melaleuca Gardens Water Main Crossing- DW 0604040 Introduction and Background The City Commission previously adopted Resolution 2002-120 approving the Water, Wastewater and Stormwater Facilities Plan. The plan defines future capital infrastructure needs for the water, sewer and stormwater systems in the City and recommends improvements to each system based on current deficiencies, anticipated growth demands and compliance with federal and state environmental mandates. Adding a connection from Griffin Road to Melaleuca Gardens is one of the projects in the plan. State Revolving Fund loans were identified in 2003 as the funding source for this project. Florida Statutes provide for loans to local government agencies to finance the construction of water facilities. In order to secure the loans, the Florida Administrative Code rules require authorization to: • apply for loans, • establish pledged revenues, • designate an authorized representative; • provide assurances of compliance with loan program requirements; and • enter into a loan agreement; and W WCIP—Melaeuca Gardens Loan Application 05-13-07 Page 1 e . . City of Dania Beach Department of Public Services 100 West Dania Beach Blvd • Dania Beach,FL 33004 (954)924-3741 .(954)-923-1109(fax) The State Revolving Fund loan priority list designates the Melaleuca Gardens water main connection as DEP Project No. DW 0604040 for financing of these activities. These loan funds are designated as being for construction activities. Recommendation It is recommended that the City Commission approve a resolution for the loan application to the State Revolving Fund program for the work in the amount of $480,000.00, and authorize the City Manager to execute the loan documents. WWCIP—Melaeuca Gardens Loan Application 05-13-07 Page 2 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STATE REVOLVING FUND DRINKING WATER FACILITIES Melaleuca Water Main DW0604040 LOAN APPLICATION *'Am WON 0 Florida Department of Environmental Protection Bureau of Water Facilities Funding Twin Towers Office Building 2600 Blair Stone Road Tallahassee, Florida 32399-2400 TABLE OF CONTENTS Page DEP Form 62552.900(2) Effective Date 07-20-99 Number LOAN APPLICATION (1) SUBMITTAL......................................................................................................................................... 1 (2) COMPLETING THE APPLICATION..................................................................................................... 1 (3) ASSISTANCE....................................................................................................................................... 1 PART I-ADMINISTRATIVE INFORMATION (1) PROJECT SPONSOR APPLYING FOR LOAN................................................................................... 1 (2) AUTHORIZED REPRESENTATIVE..................................................................................................... 1 (3) PRIMARY CONTACT PERSON ......................................................................................................... 1 (4) ADDITIONAL PERSON(S)TO RECEIVE COPY OF DEPARTMENT CORRESPONDENCE............ 1 (5) PROJECT NUMBER............................................................................................................................ 1 (6) LOAN AGREEMENT DATE................................................................................................................. 2 (7) PREAWARD COMPLIANCE......................................................................................................... 2 (8) FEDERAL EQUIVALENCY REQUIREMENTS............................................................................... 2 PART 11-PROJECT INFORMATION SUBPART(A): PRECONSTRUCTION LOAN INFORMATION (1) PRECONSTRUCTION ACTIVITIES............................................................................................. 2 (2) PRECONSTRUCTION LOAN SCHEDULE._.................... .....................................,....................... 2 (3) PRECONSTRUCTION LOAN PROJECT COST..................................................................._........ 2 SUBPART(B): CONSTRUCTION LOAN INFORMATION (1) CONSTRUCTION ACTIVITIES................_..._........................ ............................................................ 2 (2) CONSTRUCTION LOAN PROJECT COSTS...................................................................................... 3 PART III-FINANCIAL INFORMATION (1) PRINCIPAL AMOUNT OF THE LOAN................................................................................................. 3 (2) LOAN TERMS AND REPAYMENT...................................................................................................... 3 (3) LOAN REPAYMENT RESERVE.......................................................................................................... 3 (4) ADDITIONAL LOAN SECURITIZATION........................................................................... 4 (5) INFORMATION ON LIENS.................................................................................................................. 4 (6) ACTUAL AND PROJECTED REVENUES........................................................................................... 4 (7) LEGAL OPINION ON THE AVAILABILITY OF PLEDGED REVENUES..................-... .................... 4 (8) RESOLUTION ESTABLISHING PLEDGED REVENUES...................................................... 4 PART IV—APPLICANT RESOLUTION,ASSURANCES,AND CERTIFICATION.......................................... (1) RESOLUTION..................................................... ................................. ................._........................... 4 (2) ASSURANCES AND CERTIFICATION............................ .................................................................. 5 SCHEDULE OF PRIOR AND PARITY LIENS...................................................................................... ._..._.... 7 SCHEDULE OF ACTUAL REVENUES AND DEBT COVERAGE FOR RATE-BASED SYSTEM 8 PLEDGED REVENUE........................................................................................................................... SCHEDULE OF PROJECTED REVENUES AND DEBT COVERAGE FOR RATE-BASED SYSTEM 9 PLEDGED REVENUE............................................................................................................................. .. LISTOF ATTACHMENTS..................................................................... ..................................................... 10 DEP Form 62-552.900(2) Effective Date 07-20-99 LOAN APPLICATION (1) SUBMITTAL. Submit the application and attachments to the Department of Environmental Protection, MS 3505,Bureau of Water Facilities Funding,2600 Blair Stone Road,Tallahassee, Florida 32399-2400, (2)COMPLETING THE APPLICATION. (a) This application consists of four parts: (1) ADMINISTRATIVE INFORMATION; (11) PROJECT INFORMATION; (III)FINANCIAL INFORMATION;and(IV)APPLICANT RESOLUTION,ASSURANCES,AND CERTIFICATION. (b) All information provided on this application must be typed. Monetary amounts may be rounded to the nearest$1.000. (c) Attachments to be submitted are denoted with italic print. They are to be listed on Page 10. (3)ASSISTANCE. Bureau of Water Facilities Funding staff are available to provide assistance. Please call (850) 488-8163 or SUNCOM 278-8163. PART I-ADMINISTRATIVE INFORMATION (1)PROJECT SPONSOR APPLYING FOR LOAN.City of Dania Beach Federal Employer Identification Number.59-600302 (2)AUTHORIZED REPRESENTATIVE. [Person formally authorized by the project sponsor to sign or attest to loan documents, including this application. If more than one,attach the information(Attachment#_).] Name Ivan Palo Telephone 954-924-3610 Title City Manaaer Mailing Address 100 W.Dania Beach Blvd Dania Beach FL 33004 (3)PRIMARY CONTACT PERSON.(Person to answer questions about this application.) Name Dominic F.Orlando, P.E. Title Public Services Director Telephone 954-924-3740 Fax 954-923-1109 E-Mail dorlando(fti.dama-beach.0.us Employer City of Dania Beach Mailing Address 100 W.Dania Beach Blvd. Dania Beach,FL 33004 (4)ADDITIONAL CONTACTS. If more than one additional person is to receive copies of Department correspondence,attach the information(Attachment#_1,. Name: Patricia Varney Telephone 954-924-3620 Title: Finance Director Employer City of Dania Beach- Deleted:g Mailing Address 100 W.Dania Beach Blvd. Dania Beach,FL 33004 Deleted:2 (5) PROJECT NUMBER(identified on the Department's priority list). DW 0604040 DEP Form 62-552.900(2) Pagel of 10 Effective Date 07-20-99 (6) LOAN AGREEMENT DATE. When do you expect to sign the Loan Agreement?1213012006 (Allow time for Department preparation of agreement, applicant review, and local commission meeting if applicable.) (7) PREAWARD COMPLIANCE. Has an EPA Preaward Compliance Review Report been submitted for this project? _Yes. _X_No. If"yes", identify the date submitted to the Department . If not,please complete and attach the EPA form. (Attachment#_2_) (8) FEDERAL EQUIVALENCY REQUIREMENTS. As a result of the federal funding of the State Revolving Fund Program for Drinking Water Facilities, there are federal requirements that must be met to enable financial assistance for any project. These requirements are identified under PART IV of this application. PART II-PROJECT INFORMATION. Complete SUBPART A or SUBPART B as appropriate. SUBPART(A): PRECONSTRUCTION LOAN INFORMATION. N/A (1)PRECONSTRUCTION ACTIVITIES. Attach a brief description of the scope of planning and design activities to be financed by this loan. (2)PRECONSTRUCTION LOAN SCHEDULE. (a) Provide proposed completion dates for the items below. (Please call Department staff to discuss time frames needed to complete required tasks.) Water facilities plan adoption by the Project Sponsor. Engineering design. Certification of site availability(for construction and operation). (b)Do you anticipate that a contractual agreement with another party will be necessary to implement the project?_Yes. No. If"yes",list entities to be involved. (3)PRECONSTRUCTION LOAN PROJECT COSTS. Is the cost information submitted for the priority list current? —Yes. _No. If"no", please explain and submit revised cost information (Attachment#_) using the appropriate page of the Request for Inclusion on the Priority List for Drinking Water Facilities Form 62- 552.900(1), F.A.C. Note that the disbursable amount (including the repayment reserve) will be limited to the priority list amount. Preconstruction loans are not available to finance the non-grant share of SRF preconstruction grants. SUBPART B: CONSTRUCTION LOAN INFORMATION. (1) CONSTRUCTION ACTIVITIES (a) Attach a brief description of construction activities to be financed by this loan. Include a list of the construction contracts(by title)corresponding to the plans and specifications accepted by the Department (Attachment#_3). Also provide a proposed"start date"and"completion date'for each contract. (b)Attach a copy of the Department letter(s)accepting the plans and specifications and all addenda (Attachment#_). (c)Does this project involve a contractual service agreement with other entities?_Yes._x_No. If "yes", attach a copy of the Department letter accepting the agreement. (Attachment # ) Is the agreement,as accepted by the Department,fully executed and enforceable? _Yes. _No. If "no",please explain(Attachment# DEP Form 62-552.900(2) Page 2 of 10 Effective Date 07-20-99 (d)Has the Department accepted a clear site title certification for the project? _x_Yes. No. If"yes", Deleted:x provide evidence of such certification or its acceptance. (Attachment# 4_J If'no", explain. (Attachment#_J (a) Attach evidence that either a permit from the Department is not required to authorize project construction or that such authorization has been issued by the Department. (Attachment# (2)CONSTRUCTION LOAN PROJECT COSTS. Is the cost information submitted for the priority list current? _X_Yes. _No. If"no",please explain and submit revised cost information (Attachment#_) using the appropriate page of the Request for Inclusion on the Priority List for Drinking Water Facilities Form 62-552.900(1), F.A.C. Note that the disbursable amount (including the repayment reserve)will be limited to the priority list amount. PART III-FINANCIAL INFORMATION (1) PRINCIPAL AMOUNT OF THE LOAN. The requested amount of the loan,including capitalized interest (which is not disbursed), is$ 480,000. The estimate of the capitalized interest is$_0 . Note that the disbursable amount will be limited to the priority list amount and must be consistent with the information provided under PART II of this application. Also note that the capitalized interest is an inexact estimate, and it is subject to adjustment by the Department to reflect disbursement timing. (2)LOAN TERMS AND REPAYMENT. (a) If a construction loan involves a financially disadvantaged community, loans are amortized over 30 years, or less,with interest and principal paid semiannually. If a construction loan is not for a project to serve such a community, loans are amortized over 20 years, or less, with interest and principal paid semiannually. Preconstruction loans are amortized over not more than 10 years, with interest and principal paid semiannually. Do you want to repay the loan in less than the maximum amortization period? _Yes. _X_No. If "yes', identify the number of years (b) Due to limitations on availability of State Revolving Fund revenues, a large (generally in excess of $8 million unless the loan is to be made from the reserve for small communities in which case the amount generally would be in excess of$1.5 million) loan amount may be provided in increments pursuant to the initial loan agreement and subsequent amendments as well Chapter 62-552, F.A.C. Each increment shall have a separate interest rate as established in the agreement or amendment providing that increment. If in doubt about whether the funding will be segmented,this matter should be discussed with Department staff. (c)List all revenues that are to be pledged for repayment of this loan. (Note: Typically,water system or water and sewer system revenues are pledged, and the net revenues available for loan repayment must equal at least 1.15 times the annual debt service unless special reserves are locally funded. Rule 62-552.430, F.A.C., addresses pledged revenues and coverage requirements. water and sewer user fees (3) LOAN REPAYMENT RESERVE. The Applicant will be required to maintain a Loan Repayment Reserve Account to provide an interim remedy for any deficiency in pledged revenues. This reserve shall be no less than 0.03 times the total loan amount less the portion of the loan for capitalized interest and loan repayment reserve. Loan proceeds will be provided to establish the minimum(0.03)reserve. (4) ADDITIONAL LOAN SECURITIZATION. If the project sponsor does not meet the requirements of Rule 62- 552.430(4), F.A.C., for pledged revenue, loan repayment responsibility, default remedies, and debt service DEP Form 62.552.900(2) Page 3 of 10 Effective Date 07-20-99 history, indicate which of the following securitization provisions the project sponsor is prepared to negotiate (describe each in Attachment#_5_): (a) Additional escrowed loan repayment reserve. No_x_ Yes_ Loan Repayment Reserve is$0. (b) Letter of credit. No_X_ Yes (c) Lien on tangible assets. No_X_ Yes_ (d) Personal or corporate obligation. No_X_ Yes (a) Other equivalent securitization. No_X_ Yes_ (5) INFORMATION ON LIENS. (a) Describe all debt obligations having a prior or parity lien on the revenues pledged for this Loan(Attachment#_N/A_);see the following example: City Name, Florida, Water and Sewer System Revenue Bonds, Series 1996, issued in the amount of $10,000,000,pursuant to Ordinance No.93-104,as amended and supplemented by Ordinance No.96-156. (b) Using the Schedule of Prior and Parity Liens(page 7), provide debt service information on each prior and parity obligation. For the listed obligations, provide a copy of the ordinance(s), resolution(s), official statement(s),or pages thereof, setting forth the definitions, use of proceeds, debt service schedule, pledged revenues, rate covenants,provisions for issuing additional debt,provisions for bond insurance, and debt rating (Attachment#_). (5) ACTUAL AND PROJECTED REVENUES. (a) Complete the Schedule of Actual Revenues and Debt Coverage for Rate-Based System Pledged Revenues(page 8)for the past two fiscal years. Additional information may be required if deemed necessary by the Department to evaluate credit-worthiness of the applicant. (b) Complete the Schedule of Projected Revenues and Debt Coverage for Rate-Based System Pledged Revenue (page 9), demonstrating the availability of pledged revenues for loan repayment. All projects expected to be implemented in the next five years are to be reflected into the need for projected revenues. (7) LEGAL OPINION ON THE AVAILABILITY OF PLEDGED REVENUES. All sources must be supported by a written legal opinion(Attachment# 6_)addressing the: (a) Availability of the revenues to repay the loan; (b) Right to increase rates at which revenues shall be collected to repay the loan;and (c) Subordination of the pledge if pledged revenues are subject to a prior or parity lien. (8) RESOLUTION ESTABLISHING PLEDGED REVENUES. Provide a certified resolution or other documentation (Attachment#_7_) of the formal action taken by the applicant that establishes the pledged revenues. PART IV-APPLICANT RESOLUTION,ASSURANCES,AND CERTIFICATION (1) RESOLUTION. Provide a certified resolution or other documentation (Attachment # 8_) of the formal action taken by Applicant that: (a) Authorizes this application;and (b) Designates the Authorized Representative(s)to file the application, provide assurances,execute the loan agreement, and represent the Applicant in carrying out responsibilities (including that of requesting loan disbursements)under the loan agreement. DEP Form 62-552.900(2) Page 4 of 10 Effective Date 07-20-99 (2) ASSURANCES AND CERTIFICATION. The Applicant agrees to comply with the laws, rules, regulations, policies and conditions relating to the loan for this project. Specifically,the Applicant certifies that it has complied, as appropriate,and will comply with the following requirements in undertaking the project: (a) Complete all facilities recommended in the approved facilities plan. (b) The Archaeological and Historic Preservation Act of 1974, PL 93-291, and the National Historic Preservation Act of 1966, PL 89-665, as amended, regarding identification and protection of historic properties. (c) The Clean Air Act,42 U.S.C.7506(c),which requires conformance with State Air Quality Implementation Plans. (d) The Coastal Zone Management Act of 1972, PL 92-583, as amended, which requires assurance of project consistency with the approved State management program developed under this Act. (a) The Endangered Species Act, 16 U.S.C. 1531, at seq., which requires that projects avoid disrupting threatened or endangered species and their habitats. (f) Executive Order 11593, Protection and Enhancement of the Cultural Environment, regarding preservation,restoration and maintenance of the historic and cultural environment. (g) Executive Order 11988, Floodplain Management, related to avoiding, to the extent possible, adverse impacts associated with 800dplain occupancy, modification and development whenever there is a practicable alternative. (h) Executive Order 11990, Protection of Wetlands, related to avoiding, to the extent possible, adverse impacts associated with the destruction or modification of wetlands and avoiding support of construction in wetlands. (1) The Fish and Wildlife Coordination Act, PL 85-624, as amended, which requires that actions to control natural streams or other water bodies be undertaken to protect fish and wildlife resources and their habitats. 0) The Wild and Scenic Rivers Act, PL 90-542, as amended, related to protecting components or potential components of the national wild and scenic rivers system. (k) The federal statutes relating to nondiscrimination, including: The Civil rights Act of 1964, PL 88-352, which prohibits discrimination on the basis of race, color or national origin;the Age Discrimination Act, PL 94- 135,which prohibits discrimination on the basis of age;Section 13 of the Federal Water Pollution Control Act, PL 92-500,which prohibits sex discrimination;the Rehabilitation Act of 1973, PL 93-112, as amended,which prohibits discrimination on the basis of handicaps. (I) Executive Order 11246, Equal Employment Opportunity, which provides for equal opportunity for all qualified persons. (m)Executive Orders 11625 and 12138,Women's and Minority Business Enterprise,which require that small, minority, and women's business and labor surplus areas are used when possible as sources of supplies, equipment,construction,and services. (n) The Demonstration Cities and Metropolitan Development Act of 1966, PL 89-754, as amended, which requires that projects be reviewed in accordance with state clearinghouse procedures. (o)The Amended Safe Drinking Water Act, PL 104-182, which sets forth requirements for public water systems. (p) The Coastal Barrier Resources Act, 16 U.S.C. 3501 at seq., regarding protection and conservation of the coastal barrier resources. (q) The Farmland Protection Policy Act, 7 U.S.C.4201 at seq., regarding protection of agricultural lands from irreversible loss. (r) The Uniform Relocation and Real Property Acquisition Policies Act of 1970,PL 91-646,which provides for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally assisted programs. DEP Form 62552.900(2) Page 5 of 10 Effective Date 07-20-99 (s) Section 306 of the Clean Air Act,Section 508 of the Clean Water Act and Executive Order 11738,which prohibit manufacturers,firms, or other enterprises on the EPA's list of Violating Facilities from participating in the Project. (t) Executive Order 12549, Debarment and Suspension, which prohibits any award to a party which is debarred or suspended or is otherwise excluded from, or ineligible for, participation in federal assistance programs. (u) Minority and Women's Business Enterprise participation in project work using numerical goals, established by the U.S. Environmental Protection Agency, and to be set forth in the specifications for construction and materials contracts. I,the undersigned Authorized Representative of the Applicant, hereby certify that all information contained herein and in the attached is true, correct, and complete to the best of my knowledge and belief. I further certify that I have been duly authorized to file the application and to provide these assurances. Authorized Representative Ivan Pato.City Manager Deleted:o (signature) (name typed) Signed this Day of 20 Attachments THE REMAINDER OF THIS PAGE HAS BEEN LEFT BLANK INTENTIONALLY DEP Form 62552.900(2) Page 6 of 10 Effective Date 07-20-99 SCHEDULE OF PRIOR AND PARITY LIENS List annual debt service beginning two years before the anticipated loan agreement date and continuing at least fifteen fiscal years. Use additional pages as necessary. #1 #2 #3 Identify Each Loan No.DW0604010 Loan No. DW0604020 Loan No. DWO604030 Obligation $ 3,717,025 S 706,992.65 $ 2,096,405 Coverage N/a % We % N/a % Insured? Yes x No Yes x No Yes x No Total Debt Fiscal Annual Debt Service(Principal Plus Interest) Total Service Incl. Year #1 #2 #3 Debt Coverage Service 2004 $0 $0 $0 $0 $0 2005 $0 $0 $0 $0 $0 2006 $0 $0 $0 $0 $0 2007 $0 $0 $0 $0 2008 $243,986 $46,407 $137,608 $0 $428,002 2009 $243,986 $46,407 $137,608 $0 $428,002 2010 $243,986 $46,407 $137,608 $0 $428,002 2011 $243,986 $46,407 $137,608 $0 $428,002 2012 $243,986 $46,407 $137,608 $0 $428,002 2013 $243,986 $46,407 $137,608 $0 $428,002 2014 $243,986 $46,407 $137,608 $0 $428,002 2015 $243,986 $46,407 $137,608 $0 $428,002 2016 $243,986 $46,407 $137,608 $0 $428,002 2017 $243,986 $46,407 $137,608 $0 $428,002 2018 $243,986 $46,407 $137,608 $0 $428,002 2019 $243,986 $46,407 $137,608 $0 $428,002 2020 $243,986 $46,407 $137,608 $0 $428,002 2021 $243,986 $46,407 $137,608 $0 $428,002 2022 $243,986 $46,407 $137,608 $0 $428,002 2023 $243,986 $46,407 $137,608 $0 $428,002 2024 $243,986 $46,407 $137,608 $0 $428,002 2025 $243,986 $46,407 $137,608 $0 $428,002 2026 $243,986 $46,407 $137,608 $0 $428,002 2027 $243,986 $46,407 $137,608 $0 $428,002 2028 $0 $0 $0 $0 $0 DEP Form 62-552.900(2) Page 7 of 10 Effective Date 07-20-99 SCHEDULE OF ACTUAL REVENUES AND DEBT COVERAGE FOR RATE-BASED SYSTEM PLEDGED REVENUE (Provide information for the two fiscal years preceding the anticipated date of the SRF loan agreement.) FY 2003 FY 2004 (a) Operating Revenues: Water Service 4,689,696 5,294,748 Other(meter sets, penalties, etc) 237,786 199,786 (b) Interest Income 43,474 45404 (c) Other Income or Revenue(Identify) Misc 293,164 48D,294 (d) Total Revenues 5,229,102 6,020,232 (e) Operating Expenses (excluding interest on debt, depreciation, and other non-cash items) 5,144,316 4,014,814 (f) Net Revenues (f=d-e) 84,786 2,005,418 (g) Debt Service(including required coverage, should reflect last column of preceding page) 9970 0 (h) Attach audited annual financial report(s), or pages thereof, and any other documentation necessary to support the above information. Include any notes or comments from the audit reports regarding compliance with covenants of debt obligations having a prior or parity lien on the revenues pledged for repayment of the SRF loan. (Attachment# 9 and 10 (i) Attach worksheets reconciling this page with the appropriate financial statements (for example, backing out depreciation and interest payments from operating expenses). (Attachment# (j) If the net revenues were not sufficient to satisfy the debt service and coverage requirement, please explain what corrective action was taken. (Attachment#_N/A9 DEP Form 62-552.900(2) Page 8 of 10 Effective Date 07-20-99 SCHEDULE OF PROJECTED REVENUES AND DEBT COVERAGE FOR RATE-BASED SYSTEM PLEDGED REVENUE (Begin with the fiscal year preceding first anticipated semiannual loan payment.) FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 (a) Operating Revenue $6,506,723 $7,132,766 $7,786,709 $ 7,800,000 $ 7,800,000 (b) Other Operating Revenue $0 $0 so $0 $0 (c Interest Income 24600 26200 25800 26000 $ 26,000 (d) Other Income or Revenue (identify) Impact fees 300000 0 0 0 0 Misc(meter fees,penalties,etc) 145961 149514 153152 156000 s 156,000 (e) Total Revenues $ S 7.308,480 $7,965,661 S 7,982,000 S 7982,000 6,677,284 (t) Operating Expenses(excluding s $ 6,345,718 $6,706,155 s 7,020,000 S 7,371,000 interest on debt,depreciation,and 6,194,243 other non-cash items) (g) Net Revenues(g=e-f) S 483,041 S 962,762 S 1,259,506 S 962,000 S 611,000 (h) Revenue(including coverage) pledged to debt service,excluding SRF loans 12403 0 0 0 12056 (i) Revenue(including coverage) pledged to outstanding SRF loans 0 428,002 428,002 428,002 428,002 (]i) Revenue Available for this SRF Loan[(1)=(f)-(g)-(1)] S 470,638 S 534,760 S 831,504 S 533,998 $ 170,942 (k) Identify the source of the above information and explain methods used to develop the projections(Attachment#_11_). Include an explanation of any revenue and expense growth or other adjustments;for example, any rate increases,service growth, inflation adjustments, expense adjustments reflecting the cost of operating additional facilities, or other considerations. (m)Are the above projections consistent with the capital improvements financing information in the accepted water facilities plan? _X_Yes _No. If not, explain on Attachment#— DEP Form 62-552.900(2) Page 9 of 10 Effective Date 07-20-99 LIST OF ATTACHMENTS Please list all attachments that you are including with this application form. Attachment Number List of Contacts 1 EPA form 2 Description of Activities 3 Site certification 4 Reserve Policy 5 Legal opinion 6 Prior Obligations 7 Resolution for Loan Application 8 2003 Audit 9 2004 Audit 10 Rate Study 11 DEP Form 62-552.900(2) Page 10 of 10 Effective Date 07-20-99 CITY OF DANIA BEACH Agenda Item # Agenda Request Item Date of Commission Meeting: 6/12/2007 Adopt Resolution FRI Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid 1RFP ❑ Presentation F-1 Continued from: 1 :E H.HKil, j p5 Approve resolution for loan agreement NUM W., Allows City to move forward on State Revolving Funds for Dania Beach Blvd. Force Main Project. U. Provides funding for project. 4 I........ X�.I'M E, N. 1: NN- REM,00-qow. Dept: Acct#: Amt: Fund: General: El water: El sewer: El stormwater: E] Grants: El capital: El ............... See memo fi Ws2�t` R MI. y '�'s _Fz.s .. i s tl Resolution Memo Loan Agreement Exhibit 1 Exhtbtt 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 E F E !!per KIN .ass .. . ttt Submitted by Date Department Director Dominic Orlando Date 06/05/07 Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 06/05/07 CQy Attomey Thomas J. Ansbro Date 06/05/07 City Manager Ivan Pato Date 06/06/07 aHUR HA t a t E _; .. . . Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-109 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 LOAN APPLICATION TO BE SUBMITTED TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR $400,000.00 FOR CONSTRUCTION ACTIVITIES ASSOCIATED WITH THE DANIA BEACH BLVD. FORCE MAIN; AUTHORIZING THE CITY MANAGER TO EXECUTE THE LOAN AGREEMENT; ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCES; PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Statutes provide for loans to local government agencies to finance the construction of wastewater facilities; and WHEREAS, Florida Administrative Code rules require authorization to apply for loans, to establish pledged revenues, to designate an authorized representative, to provide assurances of compliance with loan program requirements, and to enter into a loan agreement; and WHEREAS, the State Revolving Fund loan priority list designates DEP Project No. WW791040 for financing of construction activities involved with the Dania Beach Blvd. force main project approved in the FY-07 Capital Improvement Plan which are eligible for available funding; and WHEREAS, the City of Dania Beach, Florida, intends to enter into a loan agreement with the Department of Environmental Protection under the State Revolving Fund for project financing; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AS FOLLOWS: Section 1. That the foregoing findings are incorporated by reference and made a part of this Resolution. Section 2. That the City of Dania Beach, Florida is authorized to apply for a loan to finance DEP Project No. W W791040. Section 3. That the revenues pledged for the repayment of the loan are net water and sewer system revenues after payment of debt service on the City's Series outstanding obligations as noted in the loan application. Section 4. That the City Manager is designated as the authorized representative to provide the assurances and commitments required by the loan application. Section 5. That the City Manager is designated as the authorized representative to execute the loan agreement which will become a binding obligation in accordance with its terms when signed by both parties. The City Manager is authorized to delegate responsibility to appropriate City staff to carry out technical, financial, and administrative activities associated with the loan agreement. Section 6. That the legal authority for borrowing monies to construct this Project is the Florida Statutes. Section 7. That all resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are repealed. 2 RESOLUTION#2007-109 Section 8. That this Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED on 2007. BOB ANTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND LEGALITY THOMAS ANSBRO, CITY ATTORNEY 3 RESOLUTION#2007-109 m� W257'Zim, City of Dania Beach { Department of Public Services 100 West Dania Beach Blvd- Dania Beach, FL 33004 (954)924-3741 •(954)-923-1109(fax) TO: Mayor Robert Anton Vice Mayor Albert Jones Commissioner John Bertino Commissioner Anne Castro Commissioner Patricia Flury FROM: Ivan Palo, City Manager VIA: Patricia Varney, Finance Director VIA: Dominic F. Orlando, P.E. Director of Public Services Date: May 31, 2007 RE: Approval of Loan Agreement for State Revolving Funds for Dania Beach Blvd Force Main Introduction and Background The City Commission previously adopted Resolution 2002-120 approving the Water, Wastewater and Stormwater Facilities Plan. The plan defines future capital infrastructure needs for the water, sewer and stormwater systems in the City and recommends improvements to each system based on current deficiencies, anticipated growth demands and compliance with federal and state environmental mandates. On January 26, 2007, the City awarded bids for the Dania Beach Blvd. force main project. The City reviewed the project and obtained a recommendation from its project management consultant to award the Bid to Conquest Contractors. State Revolving Fund loans were identified in 2003 as the funding source for this project. Florida Statutes provide for loans to local government agencies to finance the construction of wastewater facilities. In order to secure the loans, the Florida Administrative Code rules require authorization to: • apply for loans, • establish pledged revenues, • designate an authorized representative; WWCIP—Dania Beach Blvd Force Main Loan Application 05-13-07 Page 1 City of Dania Beach Department of Public Services 100 West Dania Beach Blvd• Dania Beach, FL 33004 .(954)924-3741 (954)-923-1109(fax) • provide assurances of compliance with loan program requirements; and • enter into a loan agreement; and The State Revolving Fund loan priority list designates the Dania Beach Force Main as DEP Project No. WVV791040 for financing of these activities. These loan funds are designated as being for construction activities. Recommendation It is recommended that the City Commission approve a resolution for the loan application to the State Revolving Fund program for the work in the amount of $400,000.00, and authorize the City Manager to execute the loan documents. WWCIP—Dania Beach Blvd Force Main Loan Application 05-13-07 Page 2 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STATE REVOLVING LOAN PROGRAM for Point Source Water Pollution Control W W791040 Dania Beach Blvd Force Main LOAN APPLICATION ,Q O�EGON s a Florida Department of Environmental Protection Bureau of Water Facilities Funding Twin Towers Office Building 2600 Blair Stone Road,MS 3505 Tallahassee, FL 32399-2400 Form 62-503.900(2) Effective Date 7-29-04 TABLE OF CONTENTS Page Number LOAN APPLICATION (1) SUBMITTAL......................................................................................................................................... 1 (2) COMPLETING THE APPLICATION................................................................................................... 1 (3) ASSISTANCE........................................................................................................................................ 1 PART I-ADMINISTRATIVE INFORMATION (1) PROJECT SPONSOR............................................................................................................................ 1 (2) AUTHORIZED REPRESENTATIVE................................................................................................... 1 (3) PRIMARY CONTACT.......................................................................................................................... 1 (4) ADDITIONAL CONTACTS................................................................................................................. 1 (5) PROJECT NUMBER............................................................................................................................. 1 (6) CAPITALIZATION GRANT PROJECT REQUIREMENTS............................................................... 2 (7) FINANCIAL HARDSHIP...................................................................................................................... 2 (8) DIRECT AND LEVERAGED LOANS................................................................................................. 2 PART II-PROJECT INFORMATION A. PRECONSTRUCTION PROJECT (1) ACTIVITIES.......................................................................................................................................... 2 (2) SCHEDULE........................................................................................................................................... 2 (3) COST...................................................................................................................................................... 3 B. CONSTRUCTION PROJECT (1) ACTIVITIES.......................................................................................................................................... 3 (2) SCHEDULE........................................................................................................................................... 3 (3) COST...................................................................................................................................................... 3 PART III-FINANCIAL INFORMATION (1) PRINCIPAL ........................................................................................................................................... 4 (2) TERMS AND REPAYMENT................................................................................................................ 4 (3) ANNUAL FUNDING LIMIT................................................................................................................. 4 (4) LOAN REPAYMENT RESERVE......................................................................................................... 4 (5) INFORMATION ON LIENS................................................................................................................. 4 (6) ACTUAL AND PROJECTED REVENUES.......................................................................................... 5 (7) AVAILABILITY OF PLEDGED REVENUES..................................................................................... 5 (8) LOAN SERVICE FEE............................................................................................................................ 5 PART IV-AUTHORIZATION AND ASSURANCES (1) AUTHORIZATION............................................................................................................................... 5 (2) ASSURANCES...................................................................................................................................... 5 PART V-SUPPLEMENTARY INFORMATION SCHEDULE OF PRIOR AND PARITY LIENS...............................................................................I............ 8 SCHEDULE OF ACTUAL REVENUES AND DEBT COVERAGE............................................................ 9 SCHEDULE OF PROJECTED REVENUES AND DEBT COVERAGE...................................................... 10 LISTOF ATTACHMENTS............................................................................................................................ 11 Form 62-503.900(2) -i- Effective Date 7-29-04 LOAN APPLICATION (1) SUBMITTAL. Submit the application and attachments to the Department of Environmental Protection, MS 3505, Bureau of Water Facilities Funding, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. (2) COMPLETING THE APPLICATION. (a) This application consists of five parts: (1) ADMINISTRATIVE INFORMATION; (II) PROJECT INFORMATION; (Ill) FINANCIAL INFORMATION; (IV) AUTHORIZATION AND ASSURANCES; and (V) SUPPLEMENTARY INFORMATION. (b) All information provided on this application must be printed. Monetary amounts may be rounded. (c) Forms and attachments to be submitted are denoted with italic print. (3) ASSISTANCE. Completing this application may require information that can be obtained from Bureau of Water Facilities Funding staff. Please call(850)245-8358 or SUNCOM 205-8358 for assistance in completing this application. PART I -ADMINISTRATIVE INFORMATION (1) PROJECT SPONSOR City of Dania Beach Federal Employer Identification Number 59-6000-338 (2) AUTHORIZED REPRESENTATIVE (person authorized to sign or attest loan documents). Name Ivan Pato Title City Manager Telephone 954-924-3610 FAX 954-921-2604 Emai ipato n.ci.dania-beach.fl.us Mailing Address 100 West Dania Beach Blvd. Dania Beach, FL 33004 (3) PRIMARY CONTACT(person to answer questions regarding this application). Name Patricia Varney Title Finance Director Telephone 954-924-3620 FAX 954-922-5619 Emai pvarney@ci.dania-beach.fl.us Employer City of Dania Beach Mailing Address 100 West Dania Beach Blvd. Dania Beach, FL 33004 (4) ADDITIONAL CONTACTS. If more than one additional person is to receive copies of Department correspondence, attach the information (Attachment#1). Name Frederick Bloetscher, Ph.D., P.E. Title President Telephone 239-250-2423 FAX 954-925-2692 Emai h2o_mangbellsouth.net Employer Public Utilities Management and Planning Services, Inc. Mailing Address P.O. Box 221890 Hollywood, FL 33022 Physical Address: 15 SW 51" St. Dania Beach, FL 33004 (5) PROJECT NUMBER(listed on the Department's priority list). WW791040 (6) CAPITALIZATION GRANT PROJECT REQUIREMENTS. An Applicant may have to comply with certain Federal requirements for loans from funds that, in aggregate, are equivalent to the amount of the federal grant Form 62-503.900(2) Page 3 of 13 Effective Date 7-29-04 awarded to the Department to partially capitalize the State Revolving Fund. Please check with the Department to determine if the project is subject to such requirements. Is this project subject to special federal requirements? ❑ Yes ® No If this project is subject to special federal requirements complete an EPA Preaward Compliance Review Report and attach in Part V, List of Attachments. (Attachment# 1. (7) FINANCIAL HARDSHIP. To qualify for a financial hardship loan the affordability index of a small community to be served by the project shall be less than 100. A small community is a municipality or unincorporated community with a total service area population of 20,000 or less as of the most recent decennial census. Please check with the Department to determine if the project qualifies for a financial hardship loan. Does the loan qualify for financial hardship consideration? ❑ Yes ® No (8) DIRECT AND LEVERAGED LOANS. A local government project sponsor that receives a loan from proceeds of bonds issued by the Florida Water Pollution Control Financing Corporation will be subject to certain limitations resulting from the tax exempt status of such bonds. Please check with the Department to determine if the loan is subject to such limitations. Is this loan subject to the special leveraged loan limitations? ❑ Yes ® No PART II—PROJECT INFORMATION If you are applying for a loan to plan and design a project that will involve construction, complete only Subpart A below. If you are applying for a loan to construct a project that is already planned and designed, complete only Subpart B below. A. PRECONSTRUCTION PROJECT - Information should be provided for each separate facility to be planned and designed as appropriate. For design/build projects or those where multiple facilities, segments, or phases are involved, please attach information for activities, schedule, and cost for each. (Attachment#see Facilities Plan submitted previously) (1) ACTIVITIES. Attach a brief description of the scope of planning and design activities to be financed by this loan. Include a list of any specialized studies to be performed. (Attachment#2) Are these activities the same as those scheduled on Request for Inclusion Form? ® Yes ❑ No. If"No", please explain. (Attachment (2) SCHEDULE. (a) Provide proposed completion dates for the items. (Please call Department staff to discuss time frames needed to complete required tasks.) Planning documentation complete Engineering work complete Certification of site availability complete Permit n/a (b) Do you anticipate that an interlocal agreement with another party will be necessary to ❑ Yes ® No implement the project? If"Yes", please explain. (Attachment# ) (c) Is this a design/build project? ❑ Yes ® No (3) COST. Is the cost information submitted for the preconstruction loan priority list ® Yes ❑ No current? If "No", please explain and submit revised cost information using the Form 62-503.900(2) Page 4 of 13 Effective Date 7-29-04 appropriate page of the Request for Inclusion Form. (Attachment # ) Note that the disbursable amount will be limited to the priority list amount. PRECONSTRUCTION LOAN APPLICANTS PROCEED TO PART III. B. CONSTRUCTION PROJECT (1) ACTIVITIES. (a) Attach a brief description of construction activities to be financed by this loan. Include a list of the construction contracts (by title) corresponding to the plans and specifications accepted by the Department (Attachment#2). Are these contracts the same as those scheduled on the Request for Inclusion Form? ® Yes ❑ No If"No", please explain. (Attachment# ) (b) Have any of the contracts been bid? ® Yes ❑ No If"Yes", indicate which contracts have been bid. (Attachment# ) (c) Was the planning and design for this project financed with a preconstruction loan? ❑ Yes ® No If"Yes", give the preconstruction loan number. (d) Does this project involve an interlocal agreement with other local governments or other ❑ Yes ® No entities? If"Yes", attach a copy of the Department letter accepting the interlocal agreement. (Attachment# ) Is the interlocal agreement, as accepted by the Department, fully executed and ❑ Yes ❑ No enforceable? If"No", please explain (Attachment # ). (2) SCHEDULE. (month and year) (a) What is the estimated date for the start of construction? 5/2007 (b) What is the estimated date for construction completion? 9/2007 (c) What is the date for start up of the facilities? 9/2007 (3) COST. Is the cost information submitted for the priority list current? ® Yes ❑ No If"No", please explain and submit revised cost information using the appropriate page of the Request for Inclusion Form. (Attachment # ) Note that the disbursable amount will be limited to the priority list amount. Form 62-503.900(2) Page 5 of 13 Effective Date 7-29-04 PART III - FINANCIAL INFORMATION Please check with the Department to establish estimates of the capitalized interest rate, project useful life for financial hardship loans, financing rate, pledged revenue coverage, limitations on annual loan amounts for large projects, applicability and amount of repayment reserves, amount of the loan service fee and any other information needed to complete this form. (1) PRINCIPAL. The requested amount of the loan,excluding capitalized interest is $350,000 incl bid & Contingency The estimate of the capitalized interest is $0 based on a financing rate of % Note that the disbursable amount will be limited to the priority list amount and must be consistent with the project information provided under PART II of this application. Also note that the capitalized interest is an inexact estimate,and it is subject to adjustment by the Department to reflect actual disbursement timing. The principal amount of the loan does not include the loan service fee. (2) TERMS AND REPAYMENT. (a) Loans to local government project sponsors are amortized over the lesser of useful life of the project or 20 years unless the project is to serve a small community qualifying as having a financial hardship. Loans to financial hardship communities may be amortized over the lesser of useful life of the project or 30 years. Loans to non-governmental project sponsors are amortized over the lesser of the useful of the project or 10 years. Finance charges and principal are paid semiannually. What is the useful life of the project? 20 (years) Over how many years would you like to amortize the loan? 20 (years) (b) List all revenues that are to be pledged for repayment of this loan. Water and sewer user fees. (c) Pledged revenue receipts or collections by the project sponsor must exceed the amount of the repayments due to the Department unless there are other collateral provisions. The excess revenue, or coverage, generally is 15% of each repayment. What coverage is proposed for the loan? 15% (coverage percentage) (d) Is any other financial assistance being applied to this project? ❑ Yes ® No If"Yes", please list. (Attachment# ) (3) ANNUAL FUNDING LIMIT. Large project funding (generally, loans in excess of $10 million) may be provided in increments pursuant to the initial loan agreement and subsequent amendments. Each increment shall have a separate financing rate as established in the agreement or amendment providing that increment. (4) LOAN REPAYMENT RESERVE. Subject to the Department's approval, a local government may establish a restricted or assigned reserve account, using its own funds, in an amount not less than the sum of two semiannual loan repayments in order to reduce the pledged revenue coverage requirement to as low as 1.0 times the annual debt service. Is a reserve expected to be established using local funds? ® Yes ❑ No If"Yes,"describe the locally funded reserve. (Attachment 93) (5) INFORMATION ON LIENS. (a) Describe, if applicable, all debt obligations having a prior or parity lien on the revenues pledged to repay this loan. (Attachment#4) For example: City Name, Florida, Water and Sewer System Revenue Bonds, Series Form 62-503.900(2) Page 6 of 13 Effective Date 7-29-04 1996, issued in the amount of$10,000,000, pursuant to Ordinance No. 93-104, as amended and supplemented by Ordinance No. 96-156. (b) Using the Part V, Schedule of Prior and Parity Liens, provide debt service information, if applicable, on each prior and parity obligation. (c) For the listed obligations, provide a copy of the ordinance(s), resolution(s), official statement(s), or pages thereof, setting forth the definitions, use of proceeds, debt service schedule, pledged revenues, rate covenants, provisions for issuing additional debt, provisions for bond insurance, and debt rating. (Attachment 94). (d) Describe any other notes and loans payable from the revenues pledged to repay this loan. (Attachment 44). (6) ACTUAL AND PROJECTED REVENUES. (a) Complete the Part V, Schedule of Actual Revenues and Debt Coverage for the past two fiscal years. (b) Complete the Part V, Schedule of Projected Revenues and Debt Coverage, demonstrating the availability of pledged revenues for loan repayment. (7) AVAILABILITY OF PLEDGED REVENUES. All sources must be supported by a written legal opinion. (Attachment#5) The opinion must address the following: (a) Availability of the revenues to repay the loan. (b) Right to increase rates at which revenues shall be collected to repay the loan. (c) Subordination of the pledge if pledged revenues are subject to a prior or parity lien. (8) LOAN SERVICE FEE. A loan service fee is assessed on each loan. The fee is not part of the loan. The fee along with interest thereon will be deducted from the first available repayments after the final amendment to the loan agreement. PART IV—AUTHORIZATION AND ASSURANCES (1) AUTHORIZATION. Provide an authorizing resolution of the Applicant's governing body or other evidence of authorization (Attachment#6) for the following: (a) Pledging revenues to repay the loan. (b) Designation of the Authorized Representative(s) to file this application, provide assurances, execute the loan agreement, and represent the Applicant in carrying out responsibilities (including that of requesting loan disbursements)under the loan agreement. (2) ASSURANCES. The Applicant agrees to comply with the laws, rules, regulations, policies and conditions relating to the loan for this project. Applicants should seek further information from the Bureau of Water Facilities Funding staff as to the applicability of the requirements if the necessity for the assurances are of concern. Specifically, the Applicant certifies that it has complied, as appropriate, and will comply with the following requirements, as appropriate, in undertaking the Project: (a) Assurances for capitalization grant projects. 1. Complete all facilities for which funding has been provided. 2. The Archaeological and Historic Preservation Act of 1974, PL 93-291, and the National Historic Preservation Act of 1966, PL 89-665, as amended, regarding identification and protection of historic properties. 3. The Clean Air Act, 42 U.S.C. 7506(c), which requires conformance with State Air Quality Implementation Plans. 4. The Coastal Zone Management Act of 1972, PL 92-583, as amended, which requires assurance of project consistency with the approved State management program developed under this Act. Form 62-503.900(2) Page 7 of 13 Effective Date 7-29-04 5. The Endangered Species Act, 16 U.S.C. 1531, et seq., which requires that projects avoid disrupting threatened or endangered species and their habitats. 6. Executive Order 11593, Protection and Enhancement of the Cultural Environment, regarding preservation, restoration and maintenance of the historic and cultural environment. 7. Executive Order 11988, Floodplain Management, related to avoiding, to the extent possible, adverse impacts associated with floodplain occupancy, modification and development whenever there is a practicable alternative. 8. Executive Order 11990, Protection of Wetlands, related to avoiding, to the extent possible, adverse impacts associated with the destruction or modification of wetlands and avoiding support of construction in wetlands. 9. The Fish and Wildlife Coordination Act, PL 85-624, as amended, which requires that actions to control natural streams or other water bodies be undertaken to protect fish and wildlife resources and their habitats. 10. The Safe Drinking Water Act, Section 1424(e), PL 93-523, as amended, regarding protection of underground sources of drinking water. 11. The Wild and Scenic Rivers Act, PL 90-542, as amended, related to protecting components or potential components of the national wild and scenic rivers system. 12. The federal statutes relating to nondiscrimination, including: The Civil rights Act of 1964, PL 88-352, which prohibits discrimination on the basis of race, color or national origin; the Age Discrimination Act, PL 94-135, which prohibits discrimination on the basis of age; Section 13 of the Federal Water Pollution Control Act, PL 92-500, which prohibits sex discrimination; the Rehabilitation Act of 1973, PL 93-112, as amended, which prohibits discrimination on the basis of handicaps. 13. Executive Order 11246, Equal Employment Opportunity, which provides for equal opportunity for all qualified persons. 14. Executive Orders 11625 and 12138, Women's and Minority Business Enterprise, which require that small, minority, and women's business and labor surplus areas are used when possible as sources of supplies, equipment, construction and services. 15. The Coastal Barrier Resources Act, 16 U.S.C. 3501 et seq., regarding protection and conservation of the coastal barrier resources. 16. The Farmland Protection Policy Act, 7 U.S.C. 4201 et seq., regarding protection of agricultural lands from irreversible loss. 17. The Uniform Relocation and Real Property Acquisition Policies Act of 1970, PL 91-646, which provides for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally assisted programs. 18. The Demonstration Cities and Metropolitan Development Act of 1966, PL 89-754, as amended, which requires that projects be carried out in accordance with area wide planning activities. 19. Section 306 of the Clean Air Act, Section 508 of the Clean Water Act and Executive Order 11738, which prohibit manufacturers, firms, or other enterprises on the EPA's list of Violating Facilities from participating in the Project. 20. Executive Order 12549, Debarment and Suspension, which prohibits any award to a party which is debarred or suspended or is otherwise excluded from, or ineligible for, participation in federal assistance programs. 21. Minority and Women's Business Enterprise participation in project work using numerical goals, established by the U.S. Environmental Protection Agency, and to be set forth in the specifications for construction and materials contracts. Form 62-503.900(2) Page 8 of 13 Effective Date 7-29-04 (b) Assurances for other projects. 1. Chapter 161, Part I, F.S., "Beach and Shore Preservation Act"and Part III, "Coastal Zone Protection Act of 1985"which regulate coastal zone construction and all activities likely to affect the condition of the beaches or shore. 2. Chapter 163, Part II, F.S., the "Local Government Comprehensive Planning and Land Development Regulation Act"which requires units of local government to establish and implement comprehensive planning programs to control future development. 3. Chapter 186, F.S., State and Regional Planning, which requires conformance of projects with Regional Plans and the State Comprehensive Plan. 4. Chapter 253, F.S., "Emergency Archaeological Property Acquisition Act of 1988" which requires protection of archaeological properties of major statewide significance discovered during construction activities. 5. Chapter 258, Part III, F.S., which requires protection of components or potential components of the national wild and scenic rivers system. 6. Chapter 267, F.S.,the"Florida Historical Resources Act"which requires identification, protection, and preservation of historic properties, archaeological and anthropological sites. 7. Chapter 287, Part 1, F.S., which prohibits parties convicted of public entity crimes or discrimination from participating in State-assisted projects and which requires consideration of the utilization of Minority Business Enterprises in State-assisted projects. 8. Chapter 372, F.S., the Florida Endangered and Threatened Species Act which prohibits the killing or wounding of an endangered, threatened, or special concern species or intentionally destroying their eggs or nest. 9. Chapter 373, Part IV, F.S., Florida Water Resources Act of 1972, which requires that activities on surface waters or wetlands avoid adversely affecting: public health, safety, welfare, or property; conservation of fish and wildlife, including endangered or threatened species or their habitats; navigation or the flow of water;the fishing or recreational values or marine productivity; and significant historical and archaeological resources. 10. Chapter 380, Part I, F.S., Florida Environmental Land and Water Management Act of 1972 as it pertains to regulation of developments and implementation of land and water management policies. 11. Chapter 381, F.S., Public Health, as it pertains to regulation of onsite wastewater systems. 12. Chapter 403, Part I, F.S., Florida Air and Water Pollution Control which requires protection of all waters of the state. 13. Chapter 582, F.S., Soil and Water Conservation Act which requires conformance with Water Management District's regulations governing the use of land and water resources. 14. Governor's Executive Order 95-359, which requires State Clearinghouse review of project planning documentation and intergovernmental coordination. I, the undersigned Authorized Representative of the Applicant, hereby certify that all information contained herein and in the attached is true, correct, and complete to the best of my knowledge and belief. I further certify that I have been duly authorized to file the application and to provide these assurances. Signed this Day of 20 Authorized Representative Ivan Pato, City Manager (signature) (name typed or printed) PART V—SUPPLEMENTARY INFORMATION Form 62-503.900(2) Page 9 of 13 Effective Date 7-29-04 SCHEDULE OF PRIOR AND PARITY LIENS List annual debt service beginning two years before the anticipated loan agreement date and continuing at least fifteen fiscal years. Use additional pages as necessary. #1 #2 #3 Identify Each Loan No. DWO604010 Loan No. DW0604020 Loan No. DW0604030 Obligation $ 3,717,025 $ 706,992.65 $ 2,096,405 Coverage N/a % N/a % N/a % Insured? Yes x No Yes x No Yes x No Total Debt Fiscal Annual Debt Service (Principal Plus Interest) Total Service Incl. Year #1 #2 #3 Debt Coverage Service 2004 $0 $0 $0 $0 $0 2005 $0 $0 $0 $0 $0 2006 $0 $0 $0 $0 $0 2007 $0 $0 $0 $0 2008 $243,986 $46,407 $137,608 $0 $428,002 2009 $243,986 $46,407 $137,608 $0 $428,002 2010 $243,986 $46,407 $137,608 $0 $428,002 2011 $243,986 $46,407 $137,608 $0 $428,002 2012 $243,986 $46,407 $137,608 $0 $428,002 2013 $243,986 $46,407 $137,608 $0 $428,002 2014 $243,986 $46,407 $137,608 $0 $428,002 2015 $243,986 $46,407 $137,608 $0 $428,002 2016 $243,986 $46,407 $137,608 $0 $428,002 2017 $243,986 $46,407 $137,608 $0 $428,002 2018 $243,986 $46,407 $137,608 $0 $428,002 2019 $243,986 $46,407 $137,608 $0 $428,002 2020 $243,986 $46,407 $137,608 $0 $428,002 2021 $243,986 $46,407 $137,608 $0 $428,002 2022 $243,986 $46,407 $137,608 $0 $428,002 2023 $243,986 $46,407 $137,608 $0 $428,002 2024 $243,986 $46,407 $137,608 $0 $428,002 2025 $243,986 $46,407 $137,608 $0 $428,002 2026 $243,986 $46,407 $137,608 $0 $428,002 2027 $243,986 $46,407 $137,608 $0 $428,002 2028 $0 $0 $0 $0 $0 Form 62-503.900(2) Page 10 of 13 Effective Date 7-29-04 SCHEDULE OF ACTUAL REVENUES AND DEBT COVERAGE FOR RATE-BASED SYSTEM PLEDGED REVENUE (Provide information for the two fiscal years preceding the anticipated date of the SRF loan agreement.) FY 2003 FY 2004 (a) Operating Revenues: Water Service 4,689,696 5,294,748 Other(meter sets, penalties, etc) 237,786 199,786 (b) Interest Income 43,474 45,404 (c) Other Income or Revenue (Identify) Misc 293,164 480,294 (d) Total Revenues 5,229,102 6,020,232 (e) Operating Expenses (excluding interest on debt, depreciation, and other non-cash items) 5,144,316 4,014,814 (f) Net Revenues (f= d - e) 84,786 2,005,418 (g) Debt Service (including required coverage; should reflect last column of preceding page) 9970 0 (h) Attach audited annual financial report(s), or pages thereof, and any other documentation necessary to support the above information. Include any notes or comments from the audit reports regarding compliance with covenants of debt obligations having a prior or parity lien on the revenues pledged for repayment of the SRF loan. (Attachment# 9 and 10 ) (i) Attach worksheets reconciling this page with the appropriate financial statements (for example, backing out depreciation and interest payments from operating expenses). (Attachment#_) Q) If the net revenues were not sufficient to satisfy the debt service and coverage requirement, please explain what corrective action was taken. (Attachment#_N/A__) Form 62-503.900(2) Page 11 of 13 Effective Date 7-29-04 SCHEDULE OF PROJECTED REVENUES AND DEBT COVERAGE FOR RATE-BASED SYSTEM PLEDGED REVENUE (Begin with the fiscal year preceding first anticipated semiannual loan payment.) FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 (a) Operating Revenue $6,506,723 $7,132,766 $7,786,709 $ 7,800,000 $ 7,800,000 (b) Other Operating Revenue $0 $0 $0 $o $0 (c Interest Income 24600 26200 25800 26000 $ 26,000 (d) Other Income or Revenue (identify) Impact fees 300000 0 0 0 0 Misc(meter fees,penalties,etc) 145961 149514 153152 156000 $ 156,000 (c) Total Revenues $ $ 7,308,480 $7,965,661 $ 7,982,000 $ 7,982,000 6,677,284 (f) Operating Expenses(excluding $ $ 6,345,718 $6,706,155 $ 7,020,000 $ 7,371,000 interest on debt,depreciation,and 6,194,243 other non-cash items) (g) Net Revenues(g=e-f) $ 483,041 $ 962,762 $ 1,259,506 $ 962,000 $ 611,000 (h) Revenue(including coverage) pledged to debt service,excluding SRF loans 12403 0 0 0 12056 (i) Revenue(including coverage) pledged to outstanding SRF loans 0 428,002 428,002 428,002 428,002 (]i) Revenue Available for this SRF Loan[(i)_(f)—(g)—(h)] $ 470,638 $ 534,760 $ 831,504 $ 533,998 $ 170,942 (k) Identify the source of the above information and explain methods used to develop the projections (Attachment#_11_). Include an explanation of any revenue and expense growth or other adjustments; for example, any rate increases, service growth, inflation adjustments, expense adjustments reflecting the cost of operating additional facilities, or other considerations. (m)Are the above projections consistent with the capital improvements financing information in the accepted water facilities plan? _X_Yes No. If not, explain on Attachment# Form 62-503.900(2) Page 12 of 13 Effective Date 7-29-04 PART V—SUPPLEMENTARY INFORMATION LIST OF ATTACHMENTS LIST OF ATTACHMENTS. This application requires the submittal of Attachments to provide supplemental information. The application is not complete without the completed List of Attachments. Please list all attachments that you are including with this application form. Attachment Number Persons to Receive Correspondence 1 Project Description 2 Loan Reserve 3 Prior Obligations (SRF Loans) 4 Attorney's Opinion 5 Resolution Approving Loan 6 Site Certification 7 EPA Form 8 Capital Financing Plan 9 2003 Audit Statements 10 2004 Audit Statements 11 PRMG Rate Study 12 Form 62-503.900(2) Page 13 of 13 Effective Date 7-29-04 CITY OF DANIA BEACH Agenda Item # a Agenda Request Item Date of Commission Meeting: 6/12/2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: ` 1q 8 ,8d: g{YOYI:- -:(i;Orr—ya pprrpriateAelksn�arRAotinn)IM '.. Adopt Resolution allowing authorization of State Revolving Funds (SRF) Loan Amendment. Actitin is Ket essary To provide additional required funding for Water Tank Project due to actual bid amount being higher than original loan amount. Tank volume was increased from 1.5 million gallons to 2.0 million gallons. Vitt aE A tirr i ACdtsmptlsti s Provides additional required funding to cover bid amount. a s tgtlti ONUY NO I e . Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ ofi+ lan4-10, pa rb, "od See memo Grp''Cuftst Summary dttbK' Afitacb d Resolution Memo -Exhibit 7 XIt 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 edS�gntures Submitted by Leo Williams Date 06/05/07 Department Director Dominic Orlando Date 06/05/07 Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 06/05/07 CHy Attorney Thomas J. Ansbro Date 06/05/07 City Manager Ivan Pato Date 06/06/07 a= CtsrlUs® Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-107 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE STATE REVOLVING FUND LOAN PROGRAM; MAKING FINDINGS; AUTHORIZING EXECUTION OF AN AMENDMENT TO THE LOAN AGREEMENT EXISTING BETWEEN THE CITY AND THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR $247,000.00 FOR CONSTRUCTION ACTIVITIES ASSOCIATED WITH THE WATER TANK AND HIGH SERVICE PUMPING PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE LOAN AMENDMENT; ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCES; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, Florida Statutes provide for loans to local government agencies to finance the construction of wastewater facilities; and WHEREAS, Florida Administrative Code rules require authorization to apply for loans, to establish pledged revenues, to designate an authorized representative, to provide assurances of compliance with loan program requirements, and to enter into a loan agreement; and WHEREAS, the State Revolving Fund loan priority list designates DEP Project No. DW 0604010 for financing of construction activities involved with the Water Tank and High Service Pumping project approved in the FY-05 Capital Improvement Plan which was previously approved for available funding; and WHEREAS, the City of Dania Beach, Florida, entered into a loan agreement and an amendment with the Department of Environmental Protection under the State Revolving Fund for project financing; and WHEREAS, this amendment adds money to the original agreement for construction and engineering; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AS FOLLOWS: Section 1. That the foregoing findings are incorporated by reference and made a part of this Resolution. Section 2. That the City of Dania Beach, Florida is authorized to execute a loan amendment for DEP Project No. DW 0604010 in the amount of$247,000. Section 3. That the revenues pledged for the repayment of the loan are net water and sewer system revenues after payment of debt service on the City's Series outstanding obligations as noted in the original loan application. Section 4. That the City Manager is designated as the authorized representative to provide the assurances and commitments required by the loan application. Section 5. That the City Manager is designated as the authorized representative to execute the loan agreement which will become a binding obligation in accordance with its terms when signed by both parties. The City Manager is authorized to delegate responsibility to appropriate City staff to carry out technical, financial, and administrative activities associated with the loan agreement. Section 6. That the legal authority for borrowing monies to construct this Project is the Florida Statutes. Section 7. That all resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are repealed. 2 RESOLUTION#2007-107 Section 8. That this Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED on 12007. BOB ANTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND LEGALITY THOMAS ANSBRO, CITY ATTORNEY 3 RESOLUTION #2007-107 City of Dania Beach Department of Public Services 100 West Dania Beach Blvd Dania Beach, FL 33004 (954)924-3741 (954)-923-1109(fax) TO: Mayor Robert Anton Vice Mayor Albert Jones Commissioner John Bertino Commissioner Anne Castro Commissioner Patricia Flury FROM: Ivan Pato, City Manager VIA: Patricia Varney, Finance Director VIA: Dominic F. Orlando, P.E. Director of Public Services Date: May 31, 2007 RE: Approval of Loan Amendment for State Revolving Funds for Water Storage Tank and High Service Pumps - DW 0604010 Introduction and Background The City Commission previously adopted Resolution 2002-120 approving the Water, Wastewater and Stormwater Facilities Plan. The plan defines future capital infrastructure needs for the water, sewer and stormwater systems in the City and recommends improvements to each system based on current deficiencies, anticipated growth demands and compliance with federal and state environmental mandates. The tank and high service pumps were identified as projects to be constructed in the plan. In 2003, State Revolving Fund loans were identified as the funding source for this project. Florida Statutes provide for loans to local government agencies to finance the construction of water facilities. In order to secure the loans, the Florida Administrative Code rules require authorization to: • apply for loans, • establish pledged revenues, • designate an authorized representative; • provide assurances of compliance with loan program requirements; and • enter into a loan agreement; and W WCIP—Tank and High Service Pump Loan Amendment #2 05-13-07 Page 1 scevsz-r. :i. City of Dania Beach Beach Department of Public Services 100 West Dania Beach Blvd • Dania Beach, FL 33004 -(954)924-3741 (954)-923-1109(fax) The State Revolving Fund loan priority list designates the City's tank and high service pumping project as DEP Project No. DW 0604010 for financing of these activities. These loan funds are designated as being for construction activities. In 2005, the City Commission approved a loan application for the tank and high service pumping station project. An amendment was approved in 2006. This loan amendment increases the loan amount by $247,000 to a total loan amount of $3,740,000. It should be noted that while the City was approved for full funding of the project, the initial loan amount only awarded the 2005 portion of the fund. Recommendation It is recommended that the City Commission approve a resolution for the loan application to the State Revolving Fund program for the work in the amount of $247,000.00, and authorize the City Manager to execute the loan amendment. WWCIP—Tank and High Service Pump Loan Amendment #2 05-13-07 Page 2 CITY OF DANIA BEACH Agenda Item # 70 Agenda Request Item Date of Commission Meeting: 6/12/2007 Adopt Resolution Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) E] Award Bid 1RFP El Presentation ❑ Continued from: cc "NU ....... ... . M T-Y 19"'.9) OR Adopt Resolution allowing City to proceed on State Revolving Funds (SRF) Loan Amendment. E-M Mao m)-MNP,� Allows City to proceed with obtaining additional SRF funding for Downtown Water Main Looping Project. The bid amount due to escalation exceeded the initial application amount. _J R-M Provides required additional funding. M-OWN mo Dept: Acct#: Amt: Fund: General: El water: 0 sewer: El Stormwater: D Grants: El Capital: El -5 k 00 P # See memo Eay. e �q #{ pP..m. FR .. - )WOO" . . Resolution Memo Exhibit 7 Exhibit 2Eli Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by Leo Williams Date 06/05/07 Department Director Dominic Orlando Date 06/05/07 Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 06/05/07 City Attorney Thomas J. Ansbro Date 06/06/07 City Manager Ivan Pato Date 06/06/07 , Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-110 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 LOAN AMENDMENT FOR $302,000 FOR CONSTRUCTION ACTIVITIES ASSOCIATED WITH THE WATER MAIN LOOPING — WATER TREATMENT PLANT TO DOWNTOWN PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE LOAN AMENDMENT; ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCES; PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Statutes provide for loans to local government agencies to finance the construction of wastewater facilities; and WHEREAS, Florida Administrative Code rules require authorization to apply for loans, to establish pledged revenues, to designate an authorized representative, to provide assurances of compliance with loan program requirements, and to enter into a loan agreement; and WHEREAS, the State Revolving Fund loan priority list designates DEP Project No. DW 0604030 for financing of construction activities involved with the Water Main Looping — Water Treatment Plant to Downtown water main project approved in the FY-06 Capital Improvement Plan which was previously approved for available funding; and WHEREAS, the City of Dania Beach, Florida, entered into a loan agreement with the Department of Environmental Protection under the State Revolving Fund for project financing; and WHEREAS, this amendment adds money to the original agreement for construction and engineering costs; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AS FOLLOWS: Section 1. That the foregoing findings are incorporated by reference and made a part of this Resolution. Section 2. That the City of Dania Beach, Florida is authorized to execute a loan amendment for DEP Project No. DW 0604030 in the amount of$302,000. Section 3. That the revenues pledged for the repayment of the loan are net water and sewer system revenues after payment of debt service on the City's Series outstanding obligations as noted in the original loan application. Section 4. That the City Manager is designated as the authorized representative to provide the assurances and commitments required by the loan application. Section 5. That the City Manager is designated as the authorized representative to execute the loan agreement which will become a binding obligation in accordance with its terms when signed by both parties. The City Manager is authorized to delegate responsibility to appropriate City staff to carry out technical, financial, and administrative activities associated with the loan agreement. Section 6. That the legal authority for borrowing monies to construct this Project is the Florida Statutes. Section 7. That all resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are repealed. Section S. That this Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED on 2007. BOB ANTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON CITY CLERK APPROVED AS TO FORM AND LEGALITY THOMAS ANSBRO, CITY ATTORNEY 2 RESOLUTION 42007-110 City of Dania Beach Department of Public Services ........._----- 100 West Dania Beach Blvd-Dania Beach FL 33004 -(954)924-3741 (954)-923-1109(fax) TO: Mayor Robert Anton Vice Mayor Albert Jones Commissioner John Bertino Commissioner Anne Castro Commissioner Patricia Flury FROM: Ivan Pato, City Manager VIA: Patricia Varney, Finance Director VIA: Dominic F. Orlando, P.E. Director of Public Services Date: May 31, 2007 RE: Approval of Loan Amendment for State Revolving Funds for Water Main Looping - Water Treatment Plant to Downtown- DW 0604030 Introduction and Background The City Commission previously adopted Resolution 2002-120 approving the Water, Wastewater and Stormwater Facilities Plan. The plan defines future capital infrastructure needs for the water, sewer and stormwater systems in the City and recommends improvements to each system based on current deficiencies, anticipated growth demands and compliance with federal and state environmental mandates. The water main looping project from the water plant to downtown was identified as a project to be constructed in the plan. In 2003, State Revolving Fund loans were identified as the funding source for this project. Florida Statutes provide for loans to local government agencies to finance the construction of water facilities. In order to secure the loans, the Florida Administrative Code rules require authorization to: • apply for loans, • establish pledged revenues, • designate an authorized representative; • provide assurances of compliance with loan program requirements; and • enter into a loan agreement, and Water Main Looping-WTP to Downtown Loan Amendment #1 05-13-07 Page 1 City of Dania Beach Department of Public Services 100 West Dania Beach Blvd - Dania Beach, FL 33004 -(954)924-3741 •(954)-923-1109(fax) The State Revolving Fund loan priority list designates the City's tank and high service pumping project as DEP Project No. DW 0604030 for financing of these activities. These loan funds are designated as being for construction activities. In 2005, the City Commission approved a loan application for the tank and high service pumping station project. This loan amendment increases the loan amount by $302,000 to a total loan amount of$2,193,000. Recommendation It is recommended that the City Commission approve a resolution for the loan application to the State Revolving Fund program for the work in the amount of $302,000.00, and authorize the City Manager to execute the loan amendment. Water Main Looping—W" to Downtown Loan Amendment #1 05-13-07 Page 2 RESOLUTION NO. 2007-111 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA, SUPPORTING A BROWARD COUNTY PLANNING COUNCIL INITIATED TRAFFICWAYS PLAN AMENDMENT TO EXAMINE AND CONSIDER THE REDUCTION OF RIGHT-OF-WAY ALONG FEDERAL HIGHWAY FROM OLD GRIFFIN ROAD TO SOUTH COUNTY LINE IN A MANNER CONSISTENT WITH THE REQUESTS OF EACH AFFECTED CITY, INCLUDING REDUCING THE RIGHT-OF-WAY OF FEDERAL HIGHWAY FROM OLD GRIFFIN ROAD TO SHERIDAN STREET IN DANIA BEACH FROM 106 FEET TO THE EXISTING RIGHT-OF-WAY WHICH IS ESTIMATED TO BE 70 FEET; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach City Commission supports a Broward County Planning Council initiated Trafficways Plan Amendment to examine and consider the reduction of right-of-way along Federal Highway from Old Griffin Road to the south county line in a manner consistent with the requests of each affected city; and WHEREAS,as part of such Trafficways Plan Amendment,the City Commission of the City of Dania Beach supports a reduction of the right-of-way along Federal Highway from Old Griffin Road to Sheridan Street in the City of Dania Beach from 106 feet to the existing right-of-way which is estimated to be 70 feet; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Commission of the City of Dania Beach, Florida supports a Broward County Planning Council initiated trafficways plan amendment to examine and consider the reduction of right-of-way along Federal Highway from Old Griffin Road to the south county line in a manner consistent with the requests of each affected city, including reducing the right-of-way of Federal Highway from Old Griffin Road to Sheridan Street in Dania Beach from 106 feet to the existing right-of-way which is estimated to be 70 feet. Section 2. That the City Clerk is directed to forward a certified copy of this Resolution to the Broward County Planning Council. 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. BOB ANTON MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION 42007-111 CITY OF DANIA BEACH Agenda Item # � Agenda Request Item Date of Commission Meeting: 6/12/2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: amp R e j�?f OP[iat8/iat GAP Mfitiitit} Approve resolution authorizing Work Order No. 9 for Camp, Dresser and McKee (CDM). To facilitate moving forward with construction of the nanofltration system which includes upgrades to the current Water Plant. The South Florida Water Management District(SFWMD) requires storm water management for the entire site. Since available area to address SFWMD permitting requirements is limited, construction phasing will need to be evaluated and coordinated with SFWMD requirements. Required storm drainage facilities will be phased in with the plant upgrades. tM,11H 5�"Oplee.».11: Allows CDM to proceed with preliminary design report. a °fr' s Wu �F wxf;a;ra,, �++ r r: Dept: 3303 Water Utility Water Plant Acct#: 401-3303-533.31-30 Amt: $11,740.00 Fund: General: ❑ Water: ❑X Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ r 364 WON!104 '[OUnd See memo V: utttittary ,� ®,.4,. , .[., F�. .,:. ,2 rI„ ?ammo 4�v o-m�IP��'!_,_ rU ... _a.. Budgeted HII . t , ..rk+� x r,:m , _e;#ii vn7 `.F Resolution Memo Exhibit 7 —Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 low a5 NOR s Fs�d L a 5.e Submitted by Leo Williams Date 06/05/07 Department Director Dominic Orlando Date 06/05/07 Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 06/05/07 City Attorney Thomas J. Ansbro Date 06/05/07 City Manager Ivan Pato Date 06/05/07 uua1e0.1 mr, gg�e4s.� �v Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-105 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE WATER PLANT UPGRADE PROGRAM; MAKING FINDINGS; AUTHORIZING THE WORK ORDER FOR $11,740.00 FOR PHASING OF PROPOSED IMPROVEMENTS FOR THE WATER PLANT UPGRADE ACTIVITIES ASSOCIATED WITH THE PLANT UPGRADE PROJECTS TO BE PERFORMED BY CAMP DRESSER AND MCKEE ASSOCIATES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE WORK ORDER; PROVIDING ASSURANCES; PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission previously adopted Resolution 2002-120 approving the Water, Wastewater and Stormwater Facilities Plan. The plan defines future capital infrastructure needs for the water, sewer and stormwater systems in the City and recommends improvements to each system based on current deficiencies, anticipated growth demands and compliance with federal and state environmental mandates; and WHEREAS, the nanofiltration plant and water plant upgrades were identified as the major projects to be constructed in the plan to address water quality and supply needs for the future; and WHEREAS, the City requested a work order from Camp, Dresser and McKee for services associated with the phasing of proposed improvements for the water plant upgrades; and WHEREAS, this work order follows a prior work order for nanofiltration and water quality testing that indicated that nanofiltration would be a feasible treatment option; and WHEREAS, specific services are outlined in the attached work order for phasing of proposed improvements for the water plant upgrades and for stormwater upgrades needed at the site; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AS FOLLOWS: Section 1. That the foregoing findings are incorporated by reference and made a part of this Resolution. Section 2. That the City Manager is authorized to execute the work order in the amount of$11,740.00 to be funded from the Water Fund operating budget. Section 3. That the City Manager is authorized to delegate responsibility to appropriate City staff to carry out technical, financial, and administrative activities associated with the work order. Section 4. That all resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are repealed. Section 5. That this Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED on 2007. BOB ANTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND LEGALITY THOMAS ANSBRO, CITY ATTORNEY 2 RESOLUTION#2007-105 City of Dania Beach Department of Public Services 100 West Dania Beach Blvd Dania Beach, FL 33004 • (954)924-3741 •(954)-923-1109(fax) TO: Mayor Robert Anton Vice Mayor Albert Jones Commissioner John Bertino Commissioner Anne Castro Commissioner Patricia Flury FROM: Ivan Pato, City Manager VIA: Patricia Varney, Finance Director VIA: Dominic F. Orlando, P.E. Director of Public Services Date: May 31, 2007 RE: Approval of Work Order No. 9 for Phasing of Proposed Improvements for the Water Plant Upgrades Introduction and Background The City Commission previously adopted Resolution 2002-120 approving the Water, Wastewater and Stormwater Facilities Plan. The plan defines future capital infrastructure needs for the water, sewer and stormwater systems in the City and recommends improvements to each system based on current deficiencies, anticipated growth demands and compliance with federal and state environmental mandates. The nanofiltration plant and plant upgrades were identified as major projects to be constructed in the plan to address water quality and supply needs for the future. The City requested a work order from Camp, Dresser and McKee for services associated with miscellaneous services for engineering services associated with the phasing of proposed improvements for the water plant upgrades. Camp, Dresser and McKee is the design engineer for the tank, high service pumps, nanofiltration plant and water plant upgrades and coordination and phasing of the improvements is needed as current plant operations may be impacted if phasing is not addressed. Addresing stormwater infrastructure as a part of the phasing of improvements is necessary to address stormwater permitting requirements. WWCIP—CDM #9—Phasing of Proposed Improvements for the Water Plant Upgrades 05-13-07 Page 1 ae* City of Dania Beach . �f Department of Public Services 100 West Dania Beach Blvd Dania Beach FL 33004 -(954)924 3741 •(954) 923-1109(fax) Recommendation It is recommended that the City Commission approve Work Order No. 9 with Camp, Dresser and McKee in the amount of $11,740.00 for Phasing of Proposed Improvements for the Water Plant Upgrades, and authorize the City Manager to execute same. W WCIP—CDM #9 —Phasing of Proposed Improvements for the Water Plant Upgrades 05-13-07 Page 2 AGREEMENT THIS IS AN AGREEMENT (the "Agreement") entered into on 2007, between: the City of Dania Beach,Florida, a municipal corporation, (the"City") and Camp Dresser & McKee Inc. (the "Consultant"). In consideration of the mutual covenants, terms and conditions contained in this Agreement, and other good and valuable consideration, the adequacy and receipt of which are acknowledged,the parties agree as follows: 1. Scope of Services. The Consultant agrees to perform consultant services for the City in accordance with the scope of services described in Exhibit "A" ("Phasing Plan for Proposed Improvements—Work Order No. 9), a copy of which is attached and made a part of this Agreement by this reference. The Parties acknowledge and agree that services are to commence on ,2007 and that that date is the effective date and commencement date of the services. 2. Subcontracts. Consultant may subcontract certain items of work. It is expressly agreed by the parties, however, that the City shall approve in advance in writing any subcontractors and the fees to be paid them by Consultant prior to any such subcontractor proceeding with any such work. 3. Payment for Services. A. City agrees to pay Consultant for services provided by Consultant, as described in Section 1, an agreed upon lump sum amount of Eleven Thousand Seven Hundred and Forty Dollars($11,740.00)(the "Fee"). The Fee includes full payment,including all labor,overhead and other costs. No travel and meal costs are reimbursable unless incurred outside of Miami-Dade, Broward and Palm Beach Counties, and approved in writing in advance by the City. Any such costs are payable at the City reimbursement rate. B. Any necessary additional work, as determined by City, which is not covered by the scope of services described in the attached Exhibit "A" shall not be undertaken without a written amendment to this Agreement to that effect, executed in advance by both parties. C. Consultant shall submit its invoices in the format and with supporting documentation as may be required by City. D. City shall pay Consultant monthly for services rendered within thirty (30) calendar days from date of approval of each of Consultant's invoices by the City Manager. If any errors or omissions are discovered in any invoice, City will inform Consultant and request revised copies of all such documents. If any disagreement arises as to payment of any portion of an invoice, City agrees to pay all undisputed portions and the parties agree to cooperate by promptly conferring to resolve the disputed portion. E. Any invoice which is not timely paid as prescribed above will be subject to the accrual of interest at the statutory rate prescribed by applicable Florida law. 4. Indemnification of City. A. Consultant shall indemnify and hold harmless City, its officers, employees and agents (collectively,the "City"), from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Consultant and persons employed or utilized by Consultant in the performance of this Agreement, including any Subconsultant and Subcontractor. B. To the extent considered necessary by City any sums due Consultant under this Agreement may be retained by City until all of City's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved, and any amount withheld shall not be subject to payment of interest by City. C. To the extent this indemnification clause does not comply with Florida law this provision and all aspects of this Agreement shall be interpreted as the parties' intention for the indemnification provisions and this Agreement to comply with Florida law applicable to indemnification. 5. Insurance. Consultant shall provide, pay for and maintain in force at all times during the term of this Agreement, such insurance, including professional liability insurance, Workers' compensation insurance and comprehensive general liability insurance as stated below: A. Professional liability insurance with minimum limits of liability of One Million Dollars ($1,000,000.00) to assure the City of coverage of the indemnification specified in this Agreement. B. Workers' Compensation insurance to apply for all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws, for the benefit of the Consultant's employees. C. Comprehensive general liability insurance, including contractual, with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, combined single limit for bodily injury liability and property damage liability. The City is to be included as an "additional insured" with respect to any claims arising out of this Agreement. D. Automobile Liability with minimum limit of One Million Dollars ($1,000,000.00) combined single limit. E. If Consultant hires a subcontractor for any portion of any work, then such subcontractor shall provide general liability insurance with minimum limits of liability of One Million Dollars ($1,000,000.00). Page 2 of 9 F. The Consultant shall provide the Risk Manager of the City Certificates of Insurance for coverages and policies required by this Agreement. All certificates shall state that the City shall be given thirty (30) days' advance notice prior to expiration or cancellation of any policy. Such policies and coverages shall not be affected by any other policy of insurance which the City may carry in its own name. 6. Assignment of Agreement. A. It is understood and agreed by both parties that this Agreement,in whole orin part,cannot be assigned, sublet or transferred by the Consultant without the prior written consent of City. The City is relying upon the apparent qualifications and expertise of Evelina Molfino, one of Consultant's associates, and such person's familiarity with the City's circumstances and desires, In the event Consultant wishes to re-assign or replace such individual, the Consultant shall tender one or more substitutes acceptable to City. In the event the City is not,for any reason or no reason at all, satisfied with such substitute,Consultant shall be considered in breach of this Agreement. Violation of the terms of this paragraph shall constitute a breach of Agreement by Consultant and City may, at its discretion,terminate this Agreement for cause and all rights,title and interest of Consultant in this Agreement shall then cease and terminate. B. The Consultant acknowledges, understands and agrees that its performance under this Agreement is or may be contingent upon the City receiving timely services from other consultants whose subcontracts must be approved by City as specified in Paragraph 2, above (the "Supporting Consultants"). The Consultant agrees to use its best efforts to coordinate its services with the services of the Supporting Consultants and further agrees that in the event the rendition of any services of any of the Supporting Consultants is delayed, such delay will not entitle the Consultant to any additional compensation or payment of any kind. Furthermore, the Consultant shall not be entitled to an increase in compensation, or be entitled to payment of any kind from the City,for damages or expenses incurred which are direct,indirect or consequential or other costs and lost profits of any kind including, but not limited to, costs of acceleration,inefficiency or extended overhead, arising because of any other delay,disruption, interruption,interference or hindrance from any cause whatsoever, whether such delay, disruption or interference be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by the Consultant for hindrances or delays caused solely by fraud,bad faith or active malicious interference on the part of the City. The Consultant shall only be entitled to extensions of time for performance as the exclusive and sole remedy for delay. 7. Examination of Records. Consultant shall maintain books,records,documents and other evidence directly pertinent to performance of work under this Agreement in accordance with generally accepted accounting principles and practices. The Consultant shall also maintain the financial information and data used by the Consultant in the preparation of support of any claim for reimbursement for any out-of-pocket expense or cost. The City shall have access to such books, records, documents and other evidence for inspection, audit and copying during normal business hours. The Consultant will provide proper facilities for such access and inspection. Audits conducted under this section shall observe generally accepted auditing standards and established Page 3 of 9 procedures and guidelines of the City. The Florida Public Records Act, Chapter 119 of the Florida Statutes,may have application to records or documents pertaining to this Agreement and Consultant acknowledges that such laws have possible application and agrees to comply with all such laws. 8. Termination. A. Termination of A-reement for Convenience. It is expressly understood and agreed that the City may terminate this Agreement at any time for any reason or no reason at all by giving the Consultant written notice by certified mail, return receipt requested, directed to the principal office of the Consultant, thirty (30) days in advance of the termination date. In the event that the Agreement is terminated pursuant to this provision, the Consultant shall be entitled to be compensated for the services rendered from the effective date of execution of the Agreement up to the date of receipt of Notice of termination. Such compensation shall be based on the percentage of work completed, as fairly and reasonably determined by City after conferring with Consultant. B. Termination of Agreement for Cause. If City elects to terminate the Agreement for cause, City will provide Consultant five (5) days' advance written notice. If Consultant promptly cures the matter giving rise to the cause within that time, this Agreement shall continue. If not timely cured,the Agreement will stand terminated and the City will pay Consultant for work completed less any costs, expenses and damages incurred by City as a result of such termination. If a court of competent jurisdiction determines that the termination was not authorized under the circumstances then the termination shall be deemed to be a termination for convenience and the City will not be entitled to any additional costs, expenses and damages as a result of termination. 9. Ownership of Documents. All correspondence, studies, data, analyses, documents, instruments, applications, memorandums and the like, including drawings and specifications prepared or furnished by Consultant (and Consultant's independent professional subcontractors or subconsultants) pursuant to this Agreement shall become owned by and be the property of the City and the City shall consequently obtain ownership of them by any statutory common law and other reserved rights, including copyright; however, such documents are not intended or represented by Consultant to be suitable for reuse by City on extensions of the work or on any other work or project. Any such reuse, modification or adaptation of such document without written verification or permission by Consultant for the specific purpose intended will be at City's sole risk and without liability or legal exposure to Consultant or to Consultant's independent professional subconsultants. If City alters any such documents, City will expressly acknowledge same so that no third party will be in doubt as to the creation or origination of any such document. Notwithstanding any provision to the contrary contained in this Agreement, CONSULTANT shall retain sole ownership to its preexisting information including but not limited to computer programs, software, standard details, figures, templates and specifications. When transferring data in electronic media format, CONSULTANT makes no representation as to long term compatibility, usability,or readability of documents resulting from the use of software application packages,operating systems,or computer hardware differing from those Page 4 of 9 used by CONSULTANT at the beginning of the Project. Because the data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the party delivering the electronic files. CONSULTANT shall not be responsible to maintain documents stored in electronic media format after acceptance by Owner. The original hard copy of the documents containing the professional engineer's seal shall take precedence over the electronic documents. 10. Notices. Except as provided above,whenever either party desires to give notice to the other, it must be given by written notice, sent by certified U.S. mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified and the place for giving of notice in compliance with the provisions of this paragraph. For the present,the parties designate the following as the respective persons and places for giving of notice: City: Ivan Pate, City Manager City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 With a copy to: Thomas J. Ansbro, City Attorney 100 West Dania Beach Blvd. Dania Beach, Florida 33004 Consultant: Evelina Molfino, P.E. Camp Dresser & McKee Inc. 6365 N.W. 6"' Way, Suite 320 Fort Lauderdale, Florida 33309 11. Consent to Jurisdiction. The parties agree that the jurisdiction for any legal action arising out of or pertaining to this Agreement shall be the Circuit Courtfor the Seventeenth Judicial Circuit in and for Broward County,Florida, or the federal District Court in the Southern District of the United States. Each party further agrees that venue for any action to enforce this Agreement shall be in Broward County, Florida. 12. Governing Law. The parties agree that this Agreement shall be construed in accordance with and governed by the laws of the State of Florida. 13. Attorneys' Fees and Costs. If City or Consultant incurs any expense in enforcing the terms of this Agreement, whether suit is brought or not, each party shall bear its own costs and expenses including, but not limited to, court costs and reasonable attorneys' fees. 14. Headings. Headings in this document are for convenience of reference only and are not to be considered in any interpretation of this Agreement. Page 5 of 9 15. Exhibits. Each exhibit referred to in this Agreement forms an essential part of this Agreement. Each such exhibit is a part of this Agreement and each is incorporated by this reference. 16. Severability. If any provision of this Agreement or the application of it to any person or situation shall to any extent be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected, shall continue in full force and effect, and shall be enforced to the fullest extent permitted by law. 17. All Prior Agreements Superseded. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements and understandings applicable to the matters contained in this Agreement and the parties agree that there are no commitments,agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms of this Agreement shall be predicated upon any prior representations or agreements, whether oral or written. 18. Consultant and its employees and agents shall be and remain independent contractors and not employees of City with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking, enterprise or venture between the parties to this Agreement. 19. The Consultant understands and agrees that the City, during any fiscal year, is not authorized to expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year and that any contract, verbal or written,made in violation of this subsection is null and void and that consequently, no money may be paid on such contract beyond such limits. Nothing contained in this Agreement shall prevent the making of contracts for periods exceeding one (1)year,but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Consultant shall not proceed with services under this Agreement without City's written verification that the funds necessary for Consultant compensation and other necessary expenditures are budgeted as available within the appropriate fiscal year budget. 20. Consultant warrants and represents that no elected official,officer,agent or employee of the City has a financial interest,directly or indirectly,in this Agreement or the compensation to be paid under it and, further, that no City employee who acts in the City of Dania Beach as a "purchasing agent" as defined in Chapter 112,Florida Statutes,nor any elected or appointed officer of the City of Dania Beach,nor any spouse or child of such purchasing agent,employee or elected or appointed officer, is a partner, officer, director or proprietor of the Consultant and, further, that no such City employee,purchasing agent, City elected or appointed officer,or the spouse or child of any of them, alone or in combination, has a material interest in the Consultant. Material interest means direct or indirect ownership of more than five percent(5%)of the total assets or capital stock of the Consultant. Page 6 of 9 ?I. Consultant shall comply with all federal, state and City laws applicable to the Consultant services and specifically those covering Equal Opportunity Employment,the Americans With Disabilities Act ("ADA") eligibility to perform services as specified in the Florida Public Entity Crime law and the Florida Building Code. The Consultant is expected to fully comply with all provisions of all laws and the City reserves the right to verify the Consultant's compliance with them. Failure to comply with any laws will be grounds for termination of the Agreement for cause. 22. In the event of any conflict between any provisions of this Agreement and any provision in any attached Exhibit, the parties agree that the provisions of this Agreement are controlling (including, but not limited to, all terms and provisions governing compensation). IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year fist above written. Page 7 of 9 CITY: CITY OF DANIA BEACH, a Florida Municipal Corporation ATTEST: LOUISE STILSON BOB ANTON CITY CLERK MAYOR IVAN PATO, CITY MANAGER APPROVED FOR FORM APPROVED AS TO "SCOPE OF AND CORRECTNESS: SERVICES" 5/21/2ac 7 THOMAS J. ANSBRO '�DOMINIC F. ORLANDO, P.E. CITY ATTORNEY PUBLIC SERVICES DIRECTOR Page 8 of 9 CONSULTANT: Signed, sealed and delivered CAMP DRESSER & Mc E INC. in the presence of: By: )X/-� Signature Jonathan Z. Goldman, P. EE, Associate Print Name Signature Print Name STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me on , 2007, by Jonathan Z. Goldman as an Associate,respectively,of Camp Dresser&McKee,Inc.,a Florida corporation,on behalf of the corporation. Such person is personally known to me or produced as identification and did (did not) take an oath. NOTARY PUBLIC, State of Florida My commission expires: Page 9 of 9 Exhibit A City of Dania Beach Water Treatment Plant Construction Phasing Plan for Proposed Site Improvements Work Order No. 9 Scope of Work I. Background The City of Dania Beach (CITY) currently owns and operates a water treatment plant (WTP) at a site located on Stirling Road. Plant site improvements have previously been identified and include the addition of a membrane filtration building, a new public works complex, a community center, a fueling station,and a chemical storage facility. The purpose of this Project is for Camp Dresser& McKee Inc. (CONSULTANT) to develop a phasing plan for the proposed site improvements, and determine the stormwater infrastructure improvements required to keep the City in compliance with Broward County Environmental Protection Department stormwater regulations and the existing permit. H. Scope of Work A. Phasing Plan Design Services The CONSULTANT shall perform the following described engineering services for determining the construction phasing plan and stormwater requirements for the construction improvements based on the CITY's development plans for the WTP site. It is the intent of this Scope of Services for the CONSULTANT to provide the CITY with a letter report to be used for planning purposes related to the future site improvements. 1. Kickoff Meeting with City Personnel CONSULTANT will meet with the appropriate CITY personnel to discuss the future plans for the site and all scheduled improvements. At this time the different phases (up to four phases) will be identified. A tentative implementation schedule will be discussed with the City. cm WO-1 5/16/o7 Phasing Plan for Proposed Site Improvements Water Treatment Plant Construction Work Order No. 9 2. Identification of Phasing Plan—Phase I CONSULTANT will identify the components included in the near-term construction project (Phase 1). It is anticipated that Phase I will consist of the new Public Works building, associated paving, grading, and drainage improvements, and a temporary stormwater management pond located on the south side of the WTP site. 3. Stormwater Modeling-Phase I CONSULTANT will perform stormwater modeling for Phase I of the planned improvements to determine the associated stormwater infrastructure needed to construct and permit the new Public Works Building and associated improvements. Detailed stormwater calculations and modeling results required for the future construction permit application for the Phase I improvements are not included in this Scope of Services. 4. Meeting with City Personnel CONSULTANT will meet with the appropriate CITY personnel to present the results of the developed Phase I plan and the limits of construction associated with this phase. CONSULTANT will discuss CITY plans for construction and improvements during future phases (up to four phases). 5. Development of Additional Conceptual Phases CONSULTANT will prepare conceptual figures detailing the remaining improvement phases at the WTP site based on information obtained from the City during previous meetings (up to four phases). Stormwater infrastructure improvements will be evaluated at the conceptual level for the additional phases in accordance with Broward County Environmental Protection Department stormwater regulations. The development of the additional Conceptual Phases does not include stormwater calculations and modeling for these preliminary figures. 6. Report Preparation CONSULTANT will prepare a letter report detailing the phasing plan developed during the course of the project. Figures will be included to provide a visual representation of the phasing. Four (4) copies of this letter report will be forwarded to the CITY. cm WO-2 5/16/07 Phasing Plan for Proposed Site Improvements Water Treatment Plant Construction Work Order No. 9 B. Project and Quality Management CONSULTANT shall provide the following services related to project and quality management for the project: ■ Quality Control/Technical Review: CONSULTANT shall maintain a program of quality control during this project. A formal Technical Review Committee (TRC) will be formed near the beginning of the design phase. One formal TRC meeting will be scheduled during the design process. The project design team shall present the project design to the TRC and respond to questions and comments. ■ Preparation of Status Reports: CONSULTANT's project manager shall prepare monthly written progress reports summarizing activities completed during the preceding month, and identifying any problems which have arisen, or anticipated needs of the project team. IV. Time of Completion The time of completion is not within the control of the Consultant. The following is a tentative schedule for budgeting purposes: Task Days from Previous Task Days from NTP Kickoff Meeting with City 0 14 Identification of Phasing—Phase I 7 21 Stormwater Modeling Phase I 7 28 Meeting with City 7 35 Conceptual Phase II and Phase III 7 42 Report Preparation 7 49 The above estimates assume that data requested from the City are provided in a timely manner. V. PAYMENT AND COMPENSATION Invoicing for the lump sum portion of the work shall be monthly on a percentage complete basis. A status report will accompany each progress billing. The Lump Sum fee is $11,740. Cm WO-3 5/16/07 Phasing Plan for Proposed Site Improvements Water Treatment Plant Construction Work Order No. 9 IN WITNESS OF THE FOREGOING, the parties have executed this Work Authorization effective on the date first appearing above. APPROVED FOR FORM AND CITY OF DANIA BEACH CORRECTNESS A Florida municipal corporation ATTEST: Ivan Pato, CITY Manager Louise Stilson, CITY Clerk Thomas J. Ansbro,CITY Attorney Bob Anton, Mayor Signed,sealed and delivered in the presence: WITNESSES: CAMP DRESSE & cKEE INC. By: Jonathan Z. Go l n, P.E. BCEE STATE OF FLORIDA Associate COUNTY OF BROWARD The foregoing instrument was acknowledged before me on 2007,by Jonathan Z. Goldman, as Associate of Camp Dresser& McKee Inc., a Massachusetts corporation authorized to do business in Florida, on behalf of the corporation. He is personally known to me or has produced as identification and did (did not) take an oath. Notary Public, State of Florida (Signature of Notary taking Acknowledgment) Name of Notary Types,Printed or Stamped My Commission Expires: Cm WO-4 5/16/07 CITY OF DANIA BEACH Agenda Item # 7 Agenda Request Item Date of Commission Meeting: 6/12/2007 Adopt Resolution RI Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: 1 YteStet Action (Idenfity appropriate Ation or Motion) Approve resolution authorizing Work Order No. 8 for Camp, Dresser and McKee (CDM). ct l aif%Necessary To facilitate moving forward with construction of the nanofiltration system at Water Plant. W" ACtlor R *040trr011ehes Allows CDM to proceed with preliminary design report. p`Wl JDNLY Dept: 3303 Water Utility Water Plant Acct#: 401-3303-533,31-30 Amt: $153,476.00 Fund: General: ❑ Water: ❑X Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ e � n$t��i8acktfnd See memo fiscal,Impaiil Cost summary Budgeted Ali#Ghed Resolution Memo Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 8 Exhibit 7 Exhibit 8 Submitted by Leo Williams Date 06/05/07 Department Director Dominic Orlando Date 06/06/07 Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 06/05/07 City Attomey Thomas J. Ansbro Date 06/06/07 CM Manager Ivan Pato Date 06/06/07 Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-112 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 WORK ORDER FOR $153,476.00 FOR PRE-DESIGN ACTIVITIES WITH THE NANOFILTRATION PROJECT TO BE PERFORMED BY CAMP DRESSER AND MCKEE ASSOCIATES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE WORK ORDER; PROVIDING ASSURANCES; PROVIDING FOR CONFLICTS; FURTHER PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission previously adopted Resolution 2002-120 approving the Water, Wastewater and Stormwater Facilities Plan. The plan defines future capital infrastructure needs for the water, sewer and stormwater systems in the City and recommends improvements to each system based on current deficiencies, anticipated growth demands and compliance with federal and state environmental mandates; and WHEREAS, the nanofiltration plant was identified as one of the major project to be constructed in the plan to address water quality and supply needs for the future; and WHEREAS, the City requested a work order from Camp, Dresser and McKee for services associated with the nanofiltration plant; and WHEREAS, this work order follows a prior work order for nanofiltration and water quality testing that indicated that nanofiltration would be a feasible treatment option; and WHEREAS, this work order will develop a pre-design report involving analysis of the following: • On-site chlorine generation versus the currently proposed hypochlorite system • Coordination with FPL on the power delivery system • Lime sludge handling • Nanofiltration system design including: • Required wellfield upgrades • Telemetry • Raw water pre-treatment • Cartridge filters • Nanofiltration process equipment • Chemical feed systems • Membrane cleaning • Degasification • Transfer pumps • Pipes and other appurtenances; and WHEREAS, specific services are outlined in the attached work order. This work order culminates in a pre-design report; design will be completed under a separate work order; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AS FOLLOWS: Section 1. That the foregoing findings are incorporated by reference and made a part of this Resolution. Section 2. That the City Manager is authorized to execute a work order with CDM in the amount of$153,476.00 to be funded from the Water Fund operating budget. Section 3. That the City Manager is authorized to delegate responsibility to appropriate City staff to carry out technical, financial, and administrative activities associated with the work order. Section 4. That all resolutions or part of resolutions in conflict with any of the provisions of this Resolution are hereby repealed. 2 RESOLUTION#2007-112 Section 5. That this Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED on 2007. BOB ANTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON CITY CLERK APPROVED AS TO FORM AND LEGALITY THOMAS ANSBRO, CITY ATTORNEY 3 RESOLUTION#2007-112 City of Dania Beach Department of Public Services 100 West Dania Beach Blvd• Dania Beach, FL 33004 . (954)924 3741 •(954)-923-1109(fax) TO: Mayor Robert Anton Vice Mayor Albert Jones Commissioner John Bertino Commissioner Anne Castro Commissioner Patricia Flury FROM: Ivan Pato, City Manager VIA: Patricia Varney, Finance Director VIA: Dominic F. Orlando, P.E. Director of Public Services Date: May 31, 2007 RE: Approval of Work Order No. 8 for pre-design report for 2 MGD nanofiltration water treatment plant Introduction and Background The City Commission previously adopted Resolution 2002-120 approving the Water, Wastewater and Stormwater Facilities Plan. The plan defines future capital infrastructure needs for the water, sewer and stormwater systems in the City and recommends improvements to each system based on current deficiencies, anticipated growth demands and compliance with federal and state environmental mandates. The nanofiltration plant was identified as one of the major projects to be constructed in the plan to address water quality and supply needs for the future. The City requested a work order from Camp, Dresser and McKee for services associated with the nanofiltration plant. This work order follows a prior work order for nanofiltration and water quality testing that indicated that nanofiltration would be a feasible treatment option. This work order will develop a pre-design report involving analysis of the following: • On-site chlorine generation versus the currently proposed hypochlorite system • Coordination with FPL on the power delivery system • Lime sludge handling WWCIP—CDM #8—Pre-design Report nanofiltration 05-13-07 Page 1 City of Dania Beach �. Department of Public Services 100 West Dania Beach Blvd- Dania Beach,FL 33004 • (954)924-3741 (954)-923-1109(fax) • Nanofiltration system design including: • Required wellfield upgrades • Telemetry • Raw water pre-treatment • Cartridge filters • Nanofiltration process equipment • Chemical feed systems • Membrane cleaning • Degasification • Transfer pumps • Pipes and other appurtenances Specific services are outlined in the attached work order. This work order culminates in a pre-design report. Design will be completed under a separate work order. Recommendation It is recommended that the City Commission approve a Work Order with Camp, Dresser and McKee in the amount of $153,476.00 for the nanofiltration pre-design report, and authorize the City Manager to execute same. WWCIP—CDM #8—Pre-design Report nanofiltration 05-13-07 Page 2 AGREEMENT THIS IS AN AGREEMENT (the "Agreement") entered into on 2007, between: the City of Dania Beach,Florida, a municipal corporation, (the"City") and Camp Dresser & McKee Inc. (the `Consultant"). In consideration of the mutual covenants,terms and conditions contained in this Agreement, and other good and valuable consideration,the adequacy and receipt of which are acknowledged,the parties agree as follows: 1. Scope of Services. The Consultant agrees to perform consultant services for the City in accordance with the scope of services described in Exhibit "A" ("2 mgd Nanofiltration Water Plant Expansion Preliminary Design Report— Work Order No. 8), a copy of which is attached and made apart of this Agreement by this reference. The Parties acknowledge and agree that services are to commence on 2007 and that that date is the effective date and commencement date of the services. 2. Subcontracts. Consultant may subcontract certain items of work. It is expressly agreed by the parties, however,that the City shall approve in advance in writing any subcontractors and the fees to be paid them by Consultant prior to any such subcontractor proceeding with any such work. 3. Payment for Services. A. City agrees to pay Consultant for services provided by Consultant, as described in Section 1, an agreed upon lump sum amount of One hundred fifty three thousand four hundred and seventy six dollars (S153,476.00)(the"Fee"). The Fee includes full payment,including all labor, overhead and other costs.No travel and meal costs are reimbursable unless incurred outside of Miami-Dade,Broward and Palm Beach Counties, and approved in writing in advance by the City. Any such costs are payable at the City reimbursement rate. B. Any necessary additional work, as determined by City, which is not covered by the scope of services described in the attached Exhibit "A" shall not be undertaken without a written amendment to this Agreement to that effect, executed in advance by both parties. C. Consultant shall submit its invoices in the format and with supporting documentation as may be required by City. D. City shall pay Consultant monthly for services rendered within thirty (30) calendar days from date of approval of each of Consultant's invoices by the City Manager. If any errors or omissions are discovered in any invoice, City will inform Consultant and request revised copies of all such documents. If any disagreement arises as to payment of any portion of an invoice, City agrees to pay all undisputed portions and the parties agree to cooperate by promptly conferring to resolve the disputed portion. E. Any invoice which is not timely paid as prescribed above will be subject to the accrual of interest at the statutory rate prescribed by applicable Florida law. 4. Indemnification of Citv. A. Consultant shall indemnify and hold harmless City, its officers, employees and agents (collectively, the"City"), from liabilities, damages,losses, and costs, including, but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Consultant and persons employed or utilized by Consultant in the performance of this Agreement, including any Subconsultant and Subcontractor. B. To the extent considered necessary by City any sums due Consultant under this Agreement may be retained by City until all of City's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved, and any amount withheld shall not be subject to payment of interest by City. C. To the extent this indemnification clause does not comply with Florida law this provision and all aspects of this Agreement shall be interpreted as the parties' intention for the indemnification provisions and this Agreement to comply with Florida law applicable to indemnification. 5. Insurance. Consultant shall provide,pay for and maintain in force at all times during the term of this Agreement, such insurance, including professional liability insurance, Workers' compensation insurance and comprehensive general liability insurance as stated below: A. Professional liability insurance with minimum limits of liability of One Million Dollars ($1,000,000.00) to assure the City of coverage of the indemnification specified in this Agreement. B. Workers' Compensation insurance to apply for all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws, for the benefit of the Consultant's employees. C. Comprehensive general liability insurance, including contractual, with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, combined single limit for bodily injury liability and property damage liability. The City is to be included as an "additional insured" with respect to any claims arising out of this Agreement. D. Automobile Liability with minimum limit of One Million Dollars ($1,000,000.00) combined single limit. E. If Consultant hires a subcontractor for any portion of any work, then such subcontractor shall provide general liability insurance with minimum limits of liability of One Million Dollars ($1,000,000.00). Page 2 of 9 F. The Consultant shall provide the Risk Manager of the City Certificates of Insurance for coverages and policies required by this Agreement. All certificates shall state that the City shall be given thirty (30) days' advance notice prior to expiration or cancellation of any policy. Such policies and coverages shall not be affected by any other policy of insurance which the City may carry in its own name. 6. Assignment of Agreement. A. It is understood and agreed by both parties that this Agreement,in whole or in part,cannot be assigned, sublet or transferred by the Consultant without the prior written consent of City. The City is relying upon the apparent qualifications and expertise of John Goldman, one of Consultant's associates, and such person's familiarity with the City's circumstances and desires. In the event Consultant wishes to re-assign or replace such individual, the Consultant shall tender one or more substitutes acceptable to City. In the event the City is not,for any reason or no reason at all, satisfied with such substitute,Consultant shall be considered in breach of this Agreement. Violation of the terms of this paragraph shall constitute a breach of Agreement by Consultant and City may, at its discretion, terminate this Agreement for cause and all rights,title and interest of Consultant in this Agreement shall then cease and terminate. B. The Consultant acknowledges, understands and agrees that its performance under this Agreement is or may be contingent upon the City receiving timely services from other consultants whose subcontracts must be approved by City as specified in Paragraph 2, above (the "Supporting Consultants"). The Consultant agrees to use its best efforts to coordinate its services with the services of the Supporting Consultants and further agrees that in the event the rendition of any services of any of the Supporting Consultants is delayed, such delay will not entitle the Consultant to any additional compensation or payment of any kind. Furthermore, the Consultant shall not be entitled to an increase in compensation, or be entitled to payment of any kind from the City,for damages or expenses incurred which are direct,indirect or consequential or other costs and lost profits of any kind including,but not limited to, costs of acceleration, inefficiency or extended overhead, arising because of any other delay,disruption,interruption,interference orhindrance from any cause whatsoever, whether such delay,disruption or interference be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by the Consultant for hindrances or delays caused solely by fraud,bad faith or active malicious interference on the part of the City. The Consultant shall only be entitled to extensions of time for performance as the exclusive and sole remedy for delay. 7. Examination of Records. Consultant shall maintain books, records,documents and other evidence directly pertinent to performance of work under this Agreement in accordance with generally accepted accounting principles and practices. The Consultant shall also maintain the financial information and data used by the Consultant in the preparation of support of any claim for reimbursement for any out-of-pocket expense or cost. The City shall have access to such books, records, documents and other evidence for inspection, audit and copying during normal business hours. The Consultant will provide proper facilities for such access and inspection. Audits conducted under this section shall observe generally accepted auditing standards and established Page 3 of 9 procedures and guidelines of the City. The Florida Public Records Act, Chapter 119 of the Florida Statutes, may have application to records or documents pertaining to this Agreement and Consultant acknowledges that such laws have possible application and agrees to comply with all such laws. S. Termination. A. Termination of Agreement for Convenience. It is expressly understood and agreed that the City may terminate this Agreement at any time for any reason or no reason at all by giving the Consultant written notice by certified mail, return receipt requested, directed to the principal office of the Consultant, thirty (30) days in advance of the termination date. In the event that the Agreement is terminated pursuant to this provision, the Consultant shall be entitled to be compensated for the services rendered from the effective date of execution of the Agreement up to the date of receipt of Notice of termination. Such compensation shall be based on the percentage of work completed, as fairly and reasonably determined by City after conferring with Consultant. B. Termination of Agreement for Cause. If City elects to terminate the Agreement for cause, City will provide Consultant five (5) days' advance written notice. If Consultant promptly cures the matter giving rise to the cause within that time, this Agreement shall continue. If not timely cured,the Agreement will stand terminated and the City will pay Consultant for work completed less any costs, expenses and damages incurred by City as a result of such termination. If a court of competent jurisdiction determines that the termination was not authorized under the circumstances then the termination shall be deemed to be a termination for convenience and the City will not be entitled to any additional costs, expenses and damages as a result of termination. 9, Ownership of Documents. All correspondence, studies, data, analyses, documents, instruments, applications, memorandums and the like, including drawings and specifications prepared or furnished by Consultant (and Consultant's independent professional subcontractors or subconsultants) pursuant to this Agreement shall become owned by and be the property of the City and the City shall consequently obtain ownership of them by any statutory common law and other reserved rights, including copyright; however, such documents are not intended or represented by Consultant to be suitable for reuse by City on extensions of the work or on any other work or project. Any such reuse, modification or adaptation of such document without written verification or permission by Consultant for the specific purpose intended will be at City's sole risk and without liability or legal exposure to Consultant or to Consultant's independent professional subconsultants. If City alters any such documents, City will expressly acknowledge same so that no third party will be in doubt as to the creation or origination of any such document. Notwithstanding any provision to the contrary contained in this Agreement, CONSULTANT shall retain sole ownership to its preexisting information including but not limited to computer programs, software, standard details, figures, templates and specifications. When transferring data in electronic media format, CONSULTANT makes no representation as to long term compatibility,usability, or readability of documents resulting from the use of software application packages,operating systems,or computer hardware differing from those Page 4 of 9 used by CONSULTANT at the beginning of the Project. Because the data stored in electronic media formal can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator,the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the party delivering the electronic files. CONSULTANT shall not be responsible to maintain documents stored in electronic media format after acceptance by Owner. The original hard copy of the documents containing the professional engineer's seal shall take precedence over the electronic documents. 10. Notices. Except as provided above,whenever either party desires to give notice to the other, it must be given by written notice, sent by certified U.S. mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified and the place for giving of notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective persons and places for giving of notice: City: Ivan Pato, City Manager City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 With a copy to: Thomas J. Ansbro, City Attorney 100 West Dania Beach Blvd. Dania Beach, Florida 33004 Consultant: Jonathan Z. Goldman., P.E., DEE Camp Dresser &McKee Inc. 6365 N.W. 6"' Way, Suite 320 Fort Lauderdale, Florida 33309 11. Consent to Jurisdiction. The parties agree that the jurisdiction for any legal action arising out of or pertaining to this Agreement shall be the Circuit Court for the Seventeenth Judicial Circuit in and for Broward County,Florida, or the federal District Court in the Southern District of the United States. Each party further agrees that venue for any action to enforce this Agreement shall be in Broward County, Florida. 12. Governing Law. The parties agree that this Agreement shall be construed in accordance with and governed by the laws of the State of Florida. 13. Attorneys' Fees and Costs. If City or Consultant incurs any expense in enforcing the terms of this Agreement, whether suit is brought or not, each party shall bear its own costs and expenses including, but not limited to, court costs and reasonable attorneys' fees. 14. Headings. Headings in this document are for convenience of reference only and are not to be considered in any interpretation of this Agreement. Page 5 of 9 15. Exhibits. Each exhibit referred to in this Agreement forms an essential part of this Agreement. Each such exhibit is a part of this Agreement and each is incorporated by this reference. 16. Severability. If any provision of this Agreement or the application of it to any person or situation shall to any extent be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected, shall continue in full force and effect, and shall be enforced to the fullest extent permitted by law. 17. All Prior Agreements Superseded. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements and understandings applicable to the matters contained in this Agreement and the parties agree that there are no commitments,agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms of this Agreement shall be predicated upon any prior representations or agreements, whether oral or written. 18. Consultant and its employees and agents shall be and remain independent contractors and not employees of City with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking, enterprise or venture between the parties to this Agreement. 19. The Consultant understands and agrees that the City, during any fiscal year, is not authorized to expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year and that any contract,verbal or written,made in violation of this subsection is null and void and that consequently, no money may be paid on such contract beyond such limits. Nothing contained in this Agreement shall prevent the making of contracts for periods exceeding one (1) year,but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Consultant shall not proceed with services under this Agreement without City's written verification that the funds necessary for Consultant compensation and other necessary expenditures are budgeted as available within the appropriate fiscal year budget. 20. Consultant warrants and represents that no elected official,officer,agent or employee of the City has a financial interest,directly or indirectly,in this Agreement or the compensation to be paid under it and, further, that no City employee who acts in the City of Dania Beach as a "purchasing agent"as defined in Chapter 112,Florida Statutes,nor any elected or appointed officer of the City of Dania Beach,nor any spouse or child of such purchasing agent,employee or elected or appointed officer, is a partner, officer, director or proprietor of the Consultant and,further, that no such City employee,purchasing agent,City elected or appointed officer,or the spouse or child of any of them, alone or in combination,has a material interest in the Consultant. Material interest means direct or indirect ownership of more than five percent (5%) of the total assets or capital stock of the Consultant. Page 6 of 9 21. Consultant shall comply with all federal, state and City laws applicable to the Consultant services and specifically those covering Equal Opportunity Employment,the Americans With Disabilities Act ("ADA") eligibility to perform services as specified in the Florida Public Entity Crime law and the Florida Building Code. The Consultant is expected to fully comply with all provisions of all laws and the City reserves the right to verify the Consultant's compliance with them. Failure to comply with any laws will be grounds for termination of the Agreement for cause. 22. In the event of any conflict between any provisions of this Agreement and any provision in any attached Exhibit, the parties agree that the provisions of this Agreement are controlling (including, but not limited to, all terms and provisions governing compensation). IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year fist above written. Page 7 of 9 CI TY: CITY OF DANIA BEACH, a Florida Municipal Corporation ATTEST: LOUISE STILSON BOB ANTON CITY CLERK MAYOR IVAN PATO, CITY MANAGER APPROVED FOR FORM APPROVED AS TO "SCOPE OF AND CORRECTNESS: SERVICES" THbMA JJ : $BRO DOMINIC F. OR ANDO, P.E. CITY ATTORNEY PUBLIC SERVICES DIRECTOR Page 8 of 9 CONSULTANT: Signed, sealed and delivered CAMP DRE 7m7 in the presence of: By: Signature Jonathan Z. Go an, P.E., DEE, Associate Print Name Signature Print Name STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me on , 2007, by Jonathan Z. Goldman as an Associate,respectively,of Camp Dresser&McKee,Inc.,a Florida corporation,on behalf of the corporation. Such person is personally known to me or produced as identification and did (did not) take an oath. NOTARY PUBLIC, State of Florida My commission expires: Page 9 of 9 Exhibit A City of Dania Beach 2 MGD Nanofiltration Water Plant Expansion Preliminary Design Phase Services Work Order No. 8 Scope of Work I. Background The City of Dania (the City) currently owns and operates a water treatment plant rated at 3.0 mgd at a site located on Stirling Road. The process is lime softening. The raw water for the plant is supplied by two Dania Beach Biscayne Aquifer wells which are supplemented by water from the Broward County wellfield. The purpose of the proposed Project is to: • increase plant capacity to meet future demand. To accomplish this, 2 mgd of NF plant capacity will be added to the existing 3 mgd lime softening plant for a rated capacity of 5 mgd. • reduce the color in the water plant finished water • maintain finished water iron levels in an acceptable range • maintain finished water hardness in an acceptable range • reduce disinfection byproducts in the finished water In addition,installation of 2 mgd of NF capacity will improve system operating flexibility and reliability. The existing lime softening process units are in need of maintenance. To perform this maintenance, at least one of the lime softening units must be taken out of service. Without the NF units and with one lime softening unit out of service, the plant cannot meet normal demands. The CITY is currently adding a 2 million gallon finished water ground storage tank to meet storage needs and improve plant operating flexibility. For the above reasons, the addition of a nanofiltration plant at the site has been proposed. CM A-1 CDM has been pilot testing the nanofiltration process at the Dania Beach plant since October of 2006. In a March 2007 meeting with the City, CDM presented a Pilot Test report summarizing the results of the first phase of testing. Because the pilot testing was very successful, and no obstacles for the full sized plant were discovered, it was recommended that the City proceed with the design of the full scale plant. This plant design will have the flexibility to accommodate increased system recovery in the event that Phase 2 pilot testing demonstrates that higher recovery operation can be reliably achieved. The CITY has been evaluating the ability of the existing Water Treatment Plant to meet regulations for color and disinfection by-products (DBPs, i.e., trihalomethanes [THMs] and haloacetic acids [HAAs]). While the existing conventional lime softening process does remove some color, DBP precursors, and associated constituents, an upgrade of the existing process is deemed necessary to improve finished water quality. With the passage of increasingly stringent regulations for DBPs under the United States Environmental Protection Agency (USEPA) and the State of Florida Safe Drinking Water Acts (SDWA), the CITY has recognized that other treatment processes may better facilitate continued compliance with drinking water quality regulations. At this stage, it is recommended that a Preliminary Design Report should be prepared. This report will establish the design basis for the project and establish a foundation for the detailed design of the project. This proposal summarizes the scope of work,proposed budget and schedule for preparation of the Preliminary Design Report. II. General Description of Services Per the city's suggestions, the following tasks indirectly related to the nanofiltration plant are included in the scope of this proposal: • Investigation of the feasibility of adding onsite chlorine or hypochlorite generation. CDM will evaluate proposals from up to two vendors and discuss the pros and cons of installing a system. Details are provided in Section 1.3.L • Coordination with FPL on the size and location of a new service for the entire facility. The new nanofiltration plant will probably require larger electrical service. Also, the existing service is in poor condition and should be replaced. CDM will determine the size of the new service and coordinate with Florida Power and Light for the location, type, and size of the new service. CDM A-2 pna6925rz1m • Investigation of alternative sludge handling techniques related to the lime softening process. Consultant will recommend one process and provide a preliminary design for the selected process. The deliverable of each of the above tasks will be a letter report. Any recommended improvements will be included in the Preliminary Design Report for the nanofiltration plant. For the proposed nanofiltration project, the following engineering services are necessary for design, permitting, and construction management for the addition of a nanofiltration treatment process at the WTP: A. Design Phase Services 1. Preliminary Design 2. Final Design 3. Permitting 4. Bidding/Award Services 5. Miscellaneous Services B. Construction Phase Services 1. General Services during Construction 2. Resident Project Representative Services 3. Special Services during Construction 4. Operation and Maintenance Manual This Scope of Work shall consist of the Preliminary Design (Al above). The remaining components of final design,permitting,bidding/award, miscellaneous,and construction phase services will be based upon the work completed under the initial Scope of Services. These services will be proposed at a later date. The PDR will include completion of initial design investigations, establishment of water quality goals, definition of design treatment capacity, and preparation of a plan so that the scope of the final design and construction management services can be better defined. Final design,bidding/award, miscellaneous, and construction phase services will be proposed at the completion of the work described herein. III. Scope of Work A. Design Phase Services The CONSULTANT shall perform the following described engineering desig n services for a new membrane treatment process addition at the WTP. It is the Cin fi A-3 pnnesavza/w intent of this Scope of Services for the CONSULTANT to provide to the CITY a Preliminary Design Report (PDR), as described herein, for the proposed improvements, which shall be the basis for the final design and construction documents. The proposed engineering services are based on,but not limited to, the following assumptions which have been discussed previously with the City: ■ The raw water supply for the proposed membrane softening process will be from the Biscayne Aquifer. ■ Raw water supply shall be from a combination of Broward County and Dania Beach wells. ■ The design treatment capacity for the proposed nanofiltration process will be 2 mgd. Basis for the capacity will be discussed in the PDR. ■ Concentrate disposal will be to the existing sewer system. ■ The CITY's treatment goals for the combined lime softened / membrane softened finished water will be defined in the PDR, and will become the basis for the detailed process design. ated to bea major improvements that are anticipated The following is a list of the lo p p included in the construction project. Each will be addressed in the Preliminary Design Report: ■ A raw water booster pump station, if determined necessary based on the preliminary design evaluations ■ Evaluation of any required upgrades to the existing well field and raw water lines. Preliminary design of any recommended upgrades will not be included in the PDR. ■ A telemetry system for the existing raw water wells ■ Raw water pretreatment system (e.g., strainer or prefilter) ■ Cartridge filter system ■ Membrane feed pumping system ■ Nanofiltration process equipment ■ Provisions to accommodate additional membrane stages in the future to increase recovery if deemed feasible in Phase 2 Pilot Testing ■ Pre- and post- treatment chemical bulk storage ■ Chemical day storage and feed systems ■ Ammonia feed system ■ Membrane cleaning system ■ Degasification system ■ New clearwell, if determined necessary based on preliminary design evaluations ■ Transfer pumping system ■ Yard piping improvements Cm A-4 ph4992'52107 ■ Civil/stormwater sitework ■ Roadway/service drive improvements ■ Electrical system modifications and improvements, including emergency power. It is likely that the new NF process equipment will require a new electrical service. ■ Connections to a new FPL substation ■ Instrumentation and control architecture and field instrumentation ■ Concentrate piping to discharge point ■ Membrane process building and other ancillary buildings 1. Preliminary Design This task provides for the evaluation of existing water quality data,preparation of a Design Preferences Document (with input from the CITY), establishing preliminary process design criteria, preparation of a preliminary design level opinion of probable construction cost,preparation and submittal of a draft and final PDR, and coordination/review with the CITY. 1.1 Kick-off Meeting The CONSULTANT shall coordinate and participate in a project kick- off meeting with CITY within fifteen (15) working days of the Notice to Proceed. The primary purpose of the meeting shall include,but not be limited to, establishing appropriate contacts for each major project component, determination of the location and availability of data relating to the raw water quality and water treatment plant process characteristics and components (i.e., operating data, record drawings, etc.), and discussion of a conceptual-level project schedule. The data or assistance which may be requested of the CITY will include: 1. Provide copies of existing record drawings for the existing facility. 2. Field-verify existing structures as requested and escort Consultant within project site and on private property for field verifications as required. 3. Provide copies of previous geotechnical investigations which have been prepared for the site as discussed in 1.3 below. 4. Provide assistance with regulatory agencies. 5. Timely reviews of submittals from the Consultant. CONSULTANT shall also review with the CITY specific objectives of the project, and discuss conceptual-level design criteria of the project, as well as any specific equipment preferences of the CITY. The kick- Cm A-5 ,hd.9Z&23107 off meeting shall also serve as a planning discussion for the subsequent design preference meeting. 1.2 Design Criteria The CONSULTANT, with the assistance from the CITY, will obtain, compile and summarize all available and pertinent information concerning the proposed plant. CONSULTANT will prepare and conduct a Design Preferences Meeting with CITY staff to discuss equipment and facility preferences. The primary goal of the Workshop is to minimize facility design alternatives analysis and expedite the PDR preparation schedule. In addition, the intent of the Meeting will be to reach a consensus on the site and major buildings layout. The CONSULTANT's staff will discuss with the CITY issues regarding the final design. The CONSULTANT will prepare and distribute minutes of the Meeting to capture all agreed design criteria. 1.3 Preliminary Design Report 1.3.1 Engineering Analysis and Report Preparation The CONSULTANT shall prepare a Preliminary Design Report (PDR) incorporating the designs preferences agreed to in section 1.2. The PDR shall include,but not be limited to, the following: ■ A summary of historical raw water quality data. The raw water quality data shall be reviewed by the CONSULTANT from a treatability perspective with respect to the proposed membrane treatment process. ■ A review of the mechanical design of the existing raw water supply system transmission mains and wells, as it relates to the proposed membrane treatment process. ■ A summary of CITY's treatment goals for the membrane treatment process. ■ A review of applicable water quality regulations relative to the membrane treatment process and blended finished water. ■ A desktop study of blending analyses based on the findings of pilot testing efforts already completed and existing plant water quality data. The blending analysis shall be aimed at determining appropriate blending ratios of membrane treated and lime softened capacity considering the raw water quality,various scenarios of operation,water quality regulations, CITY treatment goals, as well as other relevant factors. cm A-6 Pnaesys2vm ■ A preliminary process schematic for the membrane treatment process and associated unit processes, showing the connections to the raw water supply system,permeate blending point with the lime softened water, and concentrate discharge point. ■ Process design criteria based on actual raw water quality, treatment goals determined in Design Criteria phase, computer software based membrane projections, lime softening blending analyses, and dialogue with membrane element manufacturers. ■ Discussion of the possibility and advisability of providing independent concentrate treatment units (skids) to increase the overall process recovery rate including the flexibility to add these systems if determined to be reliable and cost effective based on Phase 2 Pilot testing. ■ A preliminary site layout showing the approximate locations of proposed major buildings,unit process components, any required stormwater improvements, roadways, and other major improvements. ■ A discussion of anv site stormwater management and related regulatory issues, and proposed improvements necessary to address such issues. ■ Figures showing preliminary equipment layout plans for each major building and unit process. ■ Discussion of proposed preliminary designs for each major component, including design criteria, materials selections, recommended manufacturers, and specific recommended design features. ■ A discussion of the structural basis of design outlining the structural design criteria for the proposed building(s) and other miscellaneous structures. This discussion shall include applicable design standards and building codes, design loads, descriptions and properties of building materials, type of construction, etc. ■ A review of previous geotechnical investigations on the site, (to be provided by the CITY). Based on the conceptual site plan, CONSULTANT shall recommend any subsurface geotechnical investigations which will be done in the detailed design phase of the project. ■ A quantification of electrical loading from the membrane softening process equipment and evaluation of any needed improvements to accommodate any new electrical loads. ■ A quantification of electrical loading from the existing lime softening plant ■ Conceptual connections to a future FPL substation and initial coordination with FPL Conn A-7 ph489'L M07 ■ An evaluation of instrumentation and control requirements of the membrane softening process. ■ Preliminary opinion of probable construction cost. ■ Preliminary opinion of probable operating and maintenance costs. ■ A preliminary estimate of operating and maintenance staffing requirements. ■ A proposed project schedule through construction and startup. ■ A discussion of concentrate disposal including tie ins to the existing sewer system,lift station capacities, dilution during low flow periods, etc. ■ A review of permits required for construction of the facility. ■ Preliminary design of an upgrade the electrical service to the entire plant ■ Evaluation of the need for a new clearwell ■ Investigation of the feasibility of adding onsite chlorine or hypochlorite generation. CDM will evaluate proposals from up to two vendors and discuss the pros and cons of installing either of the systems. The evaluation will include, as a minimum, opinions of capital cost, O&M costs, annual production costs,potential annual savings of planned gas or hypo systems over the existing system, description of technical differences of the two systems, discussion of space requirements, recommended backup systems, etc. ■ Preliminary list of construction drawings and Project Manual Table of Contents listing all anticipated specification documents. ■ The following figures: > Site Plan > Yard Piping Schematic > Building Floor Plan(s) > Single Line Power Diagram > Power Riser Schematic Process Flow Drawing Piping and Instrumentation Diagrams > Control System Block Diagram CONSULTANT shall prepare and submit five (5) copies of the draft PDR. The CITY shall endeavor to meet with CONSULTANT to discuss comments within 14 days of delivery of the draft. Following this review meeting and receipt of CITY comments on the report,CONSULTANT shall complete the PDR, addressing all CITY comments. CONSULTANT shall deliver five (5) copies of the final report to the CITY within four (4) weeks. Cm A-8 ph489YY2107 1.4 Project and Quality Management The CONSULTANT shall provide administrative functions required to manage the CONSULTANT's project elements including schedule and budget. Specific activities shall include but not be limited to the following: ■ Project Update Meetings—CONSULTANT's project manager shall prepare for and hold monthly status meetings with the CITY throughout the life of the project. ■ Quality Assurance (QA)/Technical Review - CONSULTANT shall maintain a program of QA on this Project, including periodic review of records and documentation. CONSULTANT shall provide an internal review of the PDR by CONSULTANT's Technical Review Committee (TRC),which shall consist of specialists within CONSULTANT's organization who are not otherwise involved in the project. In the TRC review meeting the design team will present the proposed preliminary design to the TRC, answer questions about the project and proposed design, and document comments and questions from the TRC. Design changes deemed warranted by the TRC and design team as a result of this process shall be incorporated into the final PDR. ■ Preparation of Status Reports—CONSULTANT's project manager shall prepare monthly written progress reports summarizing activities completed, work remaining, and identifying any problems,which are ongoing or may be anticipated. IV TIME OF COMPLETION The following schedule is anticipated: Notice to Proceed (NTP) Kickoff Meeting 3 weeks after NTP Design Criteria Meeting 3 weeks after kickoff meeting Draft PDR 10 weeks after design criteria meeting Draft Review Meeting with CITY 2 weeks after draft PDR submittal Final PDR 4 weeks after draft review meeting V PAYMENT AND COMPENSATION Invoicing for the lump sum portion of the work shall be monthly on a percentage complete basis. A status report will accompany each progress billing. The Lump Sum fee is $153,476. cm A-9 IN WITNESS OF THE FOREGOING, the parties have executed this Work Authorization effective on the date first appearing above. APPROVED FOR FORM AND CITY OF DANIA BEACH CORRECTNESS A Florida municipal corporation ATTEST: Ivan Pato,CITY Manager Louise Stilson, CITY Clerk Thomas J. Ansbro,CITY Attorney Bob Anton,Mayor Signed, sealed and delivered in the presence: WITNESSES: CAMP DRESS McKEE INC. By: Jonathan Z. Go;) (an,P.E. BCEE STATE OF FLORIDA Associate COUNTY OF BROWARD The foregoing instrument was acknowledged before me on 2007, by Jonathan Z. Goldman, as Associate of Camp Dresser & McKee Inc., a Massachusetts corporation authorized to do business in Florida, on behalf of the corporation. He is personally known to me or has produced as identification and did (did not) take an oath. Notary Public,State of Florida (Signature of Notary taking Acknowledgment) Name of Notary Types, Printed or Stamped My Commission Expires: cm A-10 pha89D92=7 CITY OF DANIA BEACH Agenda Item # 7 /3 Agenda Request Item Date of Commission Meeting: 6/12/2007 Adopt Resolution X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) E] Award Bid/RFP F-1 Presentation ❑ Continued from: Requested I (ld Action, on alipmo I a I af 1 6 Aldion I o I r Motion) , fity Approve a resolution that continues the funding for marina security through July 31, 2007 to Statewide Enterprises without competitive bidding. Why Action is Necessary The prior amount approved by the Commission in December 2007 was exhausted at the end of March 2007. What Action Accomplishes Provides for security at the marina by Statewide Enterprises until a vendor is procured through the RFP bidding process. Bids will not be received and acted upon by the Commission until the July 24 commission meeting. Purchasing Requests ONLY Dept: Acct#: Amt: Fund: General: F-1 water: n sewer: El Stormwater: E] Grants: El Capital: [-1 summary E 1, 1. a Xp, Security at the marina has been financed by the short term spending resolution since the City took it over last year. An RFP has been prepared to competitively procure security services. This resolution will fund security for 16 hours per day seven days per week. fiscal Impact/Cost Summary $31,000 for which is anticipated in the marina budget Exhibits Attached Exhibit 1 - Resolution Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Authorized Signatures Submitted by Colin Donnelly Date 06/08/07 Department Director Colin Donnelly Date 06/08/07 Assistant City Manager Colin Donnelly Date 06/08/07 HR Director Date Finance Director Patricia Varney Date 06/08/07 City Attorney Thomas J. Ansbro Date 06/11/07 City Manager Date City Clerk Use Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-113 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO OBTAIN SECURITY SERVICES FOR THE DANIA BEACH MARINA FROM STATEWIDE ENTERPRISES, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS FOR A SUM NOT TO EXCEED $31,000.00; 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 security officers at the Dania Beach Marina, to be supplied from Statewide Enterprises; 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 an amount not to exceed the sum of $31,000.00 to Statewide Enterprises P.O. Box 246, Dania Beach, Florida, 33004 for security services for the Dania Beach Marina. The sum of $31,000.00 will provide security services from April, 2007 to July 31, 2007. 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. BOB ANTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2007-113 CITY OF DANIA BEACH Agenda Item # Q, / Agenda Request Item Date of Commission Meeting: 6/12/2007 Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP FRI Presentation ❑ Continued from: A ckion.", (iden*appropriate Action or Motion) Engage Keefe, McCullough & Co., LLP for auditing services ttiori is Necessary The three years engagement with previous auditing firm Rachlin, Cohen & Holtz, LLP expired for auditing services for fiscal year ending September 30, 2006. lcktorM llccompihes Auditing Services for the next three fiscal year 6NEP oSIt 'fl... stng Requests ONLY Dept: 1701 Finance Accounting Acct#: Amt: Fund: General: ❑X water: ❑X Sewer: ❑X Stormwater: ❑ Grants: ❑ Capital: ❑ ; �V`lstlkta8acfcgrsund , The engagement with Rachlin, Cohen & Holtz for auditing the City's financials expired as of fiscal year ending September 30, 2006. A"Requet for Proposals" was issued in April to seek a certified public accounting firm to perform auditing servicse for the City for the next three fiscal years. The RFP review Committee consisted of the Assistant City Manager, the Assistant Finance Director, the Accountant and the Director of Finance, which ranked the top three firms, conducted oral interviews and made recommendations to the City Commission. The City Commission interviewed all three firms on May 15, 2007 and ranked them accordingly: (1) Keefe, McCullough &Co. LLP, (2) Rachlin, Cohen & Holtz LLP, and (3) Alberni, Caballero&Castellanos, LLP. The Commission directed staff to negotiate a fee schedule with Keefe, McCullough & Co. LLP for approval at the June 12 Commission meeting. Staff was able to negotiate the annual audit fee ( does not include single audit and fire and police pension plan) in the amount of$46,000 for FY 2007, $48,000 for FY 2008 and $50,000 for FY 2009. This fee is lower than the proposal submitted by Rachlin, Cohen & Holtz. A fee schedule is attached to the resolution. r.. = a ' i.. ....., a. (��e($ +vI'i i,. { a y Resolution Fee Schedule Engagement Letter —lExhibit 1 Exhibit 2.. Exhibit 3 'a t D Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 �j1f Ey1EE E�U'p CC i i Submitted by Patricia Varney Date 06/04/07 Department Director Patricia Varney Date 06/04/07 Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 06/04107 Cb Attorney Thomas J. Ansbro Date 06/04107 City Manager Ivan Pato Date 06/04/07 Ci Commission Action: Approved: ❑ Denied: 0 Continued to: ❑ RESOLUTION NO. 2007-102 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE ENGAGEMENT OF KEEFE, MCCULLOUGH & CO., LLP TO SERVE AS THE EXTERNAL AUDITOR OF THE CITY, FOR PERFORMANCE OF AUDIT SERVICES FOR THE FISCAL YEARS ENDING SEPTEMBER 30, 2007 THROUGH SEPTEMBER 30, 2009; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach (the "City") prepares and has audited its general purpose financial statements in the form of an annual Comprehensive Annual Financial Report ("CAFR"); and WHEREAS, such financial statements are audited in order to obtain an opinion that they are accurately presented in conformity with accounting principles generally accepted in the United States; and WHEREAS, the audit tests the accounting records of the City in order to provide information relating to the reliability of such accounting records to the City Commission, City management, and other users of the CAFR; and WHEREAS, the City engaged in a competitive selection process and selected Keefe, McCullough& Co., LLP to act as the City's external auditor for the next three fiscal years; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City engages Keefe, McCullough & Co., LLP to provide auditing services for the City of Dania Beach for a three-year period for fiscal years ending September 30, 2007, September 30, 2008 and September 30, 2009. Section 2. That the City Manager is authorized to pay the firm as per the attached schedule, Exhibit "A" for the three year period as stated in the response to the City "Request for Proposals", a copy of which document is attached to this Resolution and incorporated by this reference, for the fiscal years ending September 30, 2007, 2008 and 2009, respectively for the preparation, review and printing of the CAFR. 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. BOB ANTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMASJ. ANSBRO CITY ATTORNEY 2 RESOLUTION#2007-102 Resolution #2007-102 Exhibit "A" Auditing Services FY 2007 FY 2008 FY 2009 Comprehensive Annual Financial Report 46,000 48,000 50,000 Police and Fire Pension Plan* 5,000 5,000 5,000 Federal Single Audit* 5,000 5,000 5,000 State Single Audit* 2,500 2,500 2,500 *Only when auditing service is required A KEEFE,MCCULLOUGH&CO.,LLP - CERTIFIED PUBLIC ACCOUNTANTS 6550 NORTH FEDERAL HIGHWAY IOHN R.REEK CAA. IOSEPH D.LEO,C.P.A. SUITE 410 IOHN B.MCCULLOUGH,C.P.A.(RETIRED) WILLIAM G.BENSON.CPA, THOMAS T.CARPENTER,C.P.A, BRIM D.PUINELL,CPA.(RETIRED) FORT LAUDERDALE,FLORIDA 33308 PAUL B.SNEIDER.CPA.(RETIRED) KENNETH O.SMmi,C.P.A. 954 77I-0896 STEVEN HAVOODS.C.P.A. -LOUIS R.PROHffTO,C.P.A DAVID T.WILLIAMS,G.P.A.- CYNTHIA L CALVERT.C.P.A. _ FAX:(954)938-9353. CHARLBSK.RUMPBC.PA.. Ross S.GOTHOFPER.C.P.A. E-MAIL:kmc@kmccpa.com ISRAELAGOMEZ.CP.A. HILLARY B.DAIGLE.CPA. JAM R.LARAWAY.C.P.A. May 25, 2007 Mr. Ivan Pato, City Manager Ms. Patricia Varney, Finance Director City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, FL 33004 Dear Mr. Pato and Ms. Varney: We are pleased to confirm our understanding of the services we are to provide the City of Dania Beach for the years ended September 30, 2007, 2008 and 2009. We will audit the financial statements of the governmental activities, the business-type activities, each m4ior fund, and the aggregate remaining fund information, which collectively comprise the entity s basic financial statements, of the City of Dania Beach as of and for the year ended September 30, 2007,2008 and 2009. The following supplementary information accompanying the basic financial statements is required by generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited: 1. Management's Discussion and Analysis. Also, the following information accompanying the basic financial statements will be subjected to the auditing procedures applied in our audit of the financial statements upon which we will provide an opinion in relation to the basic financial statements, I. Schedule of expenditures of Federal awards and state financial assistance 2. Budgetary schedules 3. Combining statements The following additional information necessary for a Comprehensive Annual Financial Report that accompanies the basic financial statements will not be subjected to the, auditing procedures applied in our audit of the financial statements, and for which our auditor's report will disclaim an opinion. 1. Introductory section 2. Statistical section Audit Objectives The objective of our audits is the expression of opinions as to whether your basic financial statements are fairly presented, in all material respects, in conformity with accounting principles generally accepted in the United States of America and to report on the fairness of the additional information referred to in the first paragraph when considered in relation to the basic financial statements taken as a whole. The objective also includes reporting on -- City of Dania Beach -2- May 25, 2007 • Internal control related to the financial statements and compliance with the provisions of applicable laws, regulations, contracts, agreements, and grants, noncompliance with which could have a material effect on the financial statements in accordance with Government Auditing Standards. • Internal control related to major programs and projects and an opinion(or disclaimer of opinion) on compliance with laws, regulations, and the provisions of contracts or grant agreements that could have a direct and material effect on each major program and project in accordance with the Single Audit Act Amendments of 1996 and OMB Circular A-133, ent of Fi Audits of States Local Governments. and Non-Profit Organizations and the Departmnancial Services' State Projects Compliance Supplement. The reports on internal control and compliance will each include a statement that the report is intended for the information and use of City management, the audit committee, management, specific legislative or regulatory bodies, Federal awarding agencies, the Office of the Auditor General of the State of Florida, and if applicable, pass-through entities and is not intended to be and should not be used by anyone other than these specified parties. Our audits will be conducted in accordance with auditing standards generally accepted in the United States of America; the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; .the Single Audit Act Amendments of 1996; the provisions of OMB Circular A-133, and Chapter 10.550, Rules of the Auditor General, and will include tests of accounting records, a determination of major program(s) in accordance with Circular A-133, and other procedures we consider necessary to enable us to express such opinions and to render the required reports. If our opinions on the financial statements or the Single Audit compliance opinions is other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the auditor are unable to form or have not formed opinions, we may decline to express opinions or to issue a report as a result of this engagement. Management Responsibilities Management is, responsible for establishing and maintaining effective internal control and for compliance with the provisions of applicable.laws, regulations, contracts, agreements, and grants. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of the controls. The objectives of internal control are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, that transactions are executed in accordance with management's authorizations and recorded properly to permit the preparation of financial statements in accordance with generally accepted accounting principles, and that Federal award programs and state projects are managed in compliance with applicable laws and regulations and the provisions of contracts and grant agreements. Management is responsible for making all financial records and related information available to us, including,any significant vendor relationships in which the vendor has the responsibility for program compliance. We understand that you will provide us with such information required for our audit and that you are responsible for the accuracy and completeness of that information. Management's responsibilities include adjusting the financial statements to correct material misstatements and for confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period .presented are unaterial, both individually and in the aggregate, to the financial m statements taken as a whole. You are responsible for establishing and maintaining internal controls, including monitoring ongoing activities; for the selection and application of accounting principles; and for the fair presentation in the financial statements of the respective financial position of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Dania Beach and the respective changes in financial position and, where applicable, cash flows in conformity with accounting principles generally accepted in the United States of America. City of Dania Beach -3- May 25, 2007 You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud, or illegal acts affecting the government involving(1)management; (2)employees who have significant roles in internal control, and (3) others where the fraud or illegal acts could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud or illegal acts affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws and regulations and for taking timely and appropriate,steps to remedy any fraud, illegal acts, violations of contracts or grant agreements, or abuse that we may report. Additionally, as required by OMB Circular A-133,.and Chapter 10.550, Rules of the Auditor General, it is management's responsibility to follow up and take corrective action on reported audit findings and to prepare a summary schedule of prior audit findings and a corrective action plan. With.regard to the electronic dissemination of audited financial statements, including financial statements published electronically on your website, you understand that electronic sites are a means to distribute information and, therefore, we are not required to read the information contained in these sites or to consider the consistency of other information in the electronic site with the original document. As part of the audits, we will prepare a draft of your governmental wide financial statements with related notes. In accordance with Government Auditing Standards, you.will be required to review and approve those financial statements prior to their issuance and have a responsibility to be in a position in fact and appearance to make an informed judgment on those financial statements. Further, you are required to designate a qualified management-level individual to be responsible and accountable for overseeing our services. Audit Procedures - General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse. As required by the Single Audit Act Amendments of 1996, OMB Circular A-133, and Chapter 10.550, Rules of the Auditor General, our audit will include tests of transactions related to major Federal award programs and state projects for compliance with applicable laws and regulations and the provisions of contracts and grant agreements, Because an audit is designed to provide reasonable, but not absolute assurance and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements or noncompliance may exist and not be detected by us. In addition,an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements or major programs. However, we will inform you of any material errors and any fraudulent financial reporting or misappropriation of assets that comes to our attention. We will also inform you of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. We will include such matters in the reports required for a Single Audit. Our responsibility as auditors j is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors. City of Dania Beach -4- May 25, 2007 Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, land direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also require certain written representations from you about the financial statements and related matters. Audit Procedures - Internal Controls In.planning and performing our audits, we will consider the internal control sufficient to plan the audit in order to determine the nature, timing and extent of our auditing procedures for the purpose of expressing our opinion on the City of Dania Beach's financial statements and on its compliance with requirements applicable to major programs. ;We will obtain an understanding of the design of the.relevant controls and whether they have been placed to operation, and we will assess,control risk. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Tests of controls relative to the financial statements are required only if control risk is assessed below the maximum level. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. As required by OMB Circular A-133, and Chapter 10.550, Rules of the Auditor General, we will perform tests of controls over compliance to evaluate the effectiveness of the design and ` operation of controls that we consider relevant to preventing and detecting material noncompliance with compliance requirements applicable to each major Federal award program. However, our tests will be less in scope than would be necessary to render an "opinion on those controls and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to OMB Circular A-133, and Chapter 10.550, Rules of the Auditor General. An audit is not designed to provide assurance on internal control or to identify reportable conditions, However, we will inform the governing body or audit committee of any matters involving internal control and its operation that we consider to be reportable conditions under standards established by the American Institute of ,Certified Public Accountants. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control that, in our judgment, could adversely affect the entity's ability, to record,. process, summarize, and report financial data consistent with the assertions of management in the financial statements. We will also inform you of any nonreportable conditions or other matters involving internal control, if any, as required by Government Auditing Standards, OMB Circular A-133, and Chapter 10.550, Rules of the Auditor General, Audit Procedures Compliance Our audit will be conducted in accordance with standards referred to in the section titled Audit Objectives. As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City of Dania Beach's compliance with applicable laws and regulations and the provisions of contracts and agreements, including grant agreements. However, the objective of those,procedures will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. City of Dania Beach -5- May 25, 2007. OMB Circular A-133, and Chapter 10.550, Rules of the Auditor General, requires that we also plan and perform the audit to obtain reasonable assurance about whether the auditee has complied with applicable laws and regulations and the provisions of contracts and grant agreements applicable to major programs and pprojects. Our procedures,will consist of the applicable procedures described in the OMB Circular A-133 Compliance Supplement and the Department of Financial Services' State.Projects Compliance Supplement for the rypes of compliance requirements that could have a direct and material effect on each,of the City of Dania Beach's major programs. The purpose of those procedures will be to express an opinion on the City of Dania Beach's compliance with requirements applicable to each of its major programs and projects in our report on compliance issued pursuant to OMB Circular A-133, and Chapter 10.550, Rules of the Auditor General. Audit Administration, Fees, and Other We understand that our employees will prepare all cash, accounts receivable, or other Y confirmations we request and will locate any documents selected by us for testing. At the conclusion of the engagement, we will complete the appropriate sections of and sign the Data Collection Form that summarizes our audit findings. We will provide an original and print- ready master of our reports to the City of Dania Beach; however, it is management's responsibility to submit the repotting package (including financial statements, schedule of expenditures of Federal awards, schedule of expenditures of state awards, summary schedule of pnor audit findings, auditors' reports, and a corrective action plan) along with the Data Collection Form to the designated Federal clearinghouse and, if appropriate,to Bass-through entities. The Data Collection Form and the reporting package must be submitted within the earlier of 30 days after receipt of the auditors' reports or nine months after the end of the audit period, unless a longer period is agreed to in advance by the cognizant or oversight agency for audits. At the: conclusion of the engagement,we will provide information to management as to where the reporting packages should be submitted and the number to submit. The audit documentation for this engagement is the property of Keefe, McCullough&Co, LLP and constitutes confidential information. However, pursuant to authority given by, law or regulation, we may be requested to make certain audit documentation available to an oversight agency or its designee, a Federal and/or state agency providing direct or indirect funding, or the U.S. General Accounting Office for purposes of a quality review of the audit,`to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, .access to such audit documentation will be provided under the supervision of Keefe, McCullough&Co., LLP personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These :parties may intend, or decide, to distribute the copies or information contained therein to other, including,other governmental agencies. The audit documentation for this engagement will be retained for a minimum of five years after the report release or for any additional period requested by the,oversight agency. If we are aware that a Federal or state awarding agency, pass-through entity, or auditee is contesting an audit finding, we will contact the party(les) contesting the audit finding for guidance prior to destroying the audit documentation. Our fee for these services will be as follows: Pension Trust Fund For Police Federal State Year ending Officers and Single Single Swtember 30 CAFR Firefighters Audit Audit 2007 $ 46,000 $ 5,000 $ 5,000 $ 2,500 2008 $ 48,000 $ 5,000 $ 5,000 $ 2,500 2009 $ 50,000 $ 5,000 $ 5,000, $ 2,500 City of Dania Beach. -6- May 25, 2007 Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. . The above fee contemplates the timely preparation of various workpapers, financial statement schedules and other data by your personnel and the assumption that unexpected during circumstances will not be encountered dung the audit. This agreement may be renewed, based on the mutual agreement to all terms, including fees, of both parties. The fee for services described above does not contemplate additional audits that may be required by your grantor agencies:. If other audits become necessary, the fee for these additional services will be determined in a separate engagement letter. We appreciate the opportunity to be of service to the City of Dania Beach and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Regards, KEEFE, McCULLOUGH & CO., LLP Cynthia L.VCalvert, C.P.A. RESPONSE: This letter correctly sets forth the understanding of the City of Dania Beach: By: Ivan Pato, City Manager Date, Patricia Varney, Finance Director Date CITY OF DANIA BEACH MEMORANDUM TO: Mayor and City Commission Ivan Pato, City Manager Larry Leeds, Community Development Director FROM: Tom Ansbro, City Attorney DATE: June 5, 2007 RE: Zoning Code Text Amendments; Compliance with Federal Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) (to provide that churches, synagogues and houses of worship shall no longer be permitted by special exception) The Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), 42 U.S.C. §§ 2000cc, et seq., is a federal law designed to protect individuals, houses of worship, and other religious institutions from discrimination in zoning and landmarking laws (laws that regulate land uses). In passing this law, Congress found that the right to assemble for worship is at the very core of the free exercise of religion, and also recognized that religious assemblies cannot function without a physical space adequate to their needs. RLUIPA prohibits zoning and landmarking laws that: (1) treat churches or other religious assemblies or institutions on less than equal terms with nonreligious institutions; (2) discriminate against any assemblies or institutions on the basis of religion or religious denomination; (3) totally exclude religious assemblies from a jurisdiction; or (4)unreasonably limit religious assemblies, institutions, or structures within a jurisdiction. I Elimination of Special Exception for Houses of Worship In HCS Chabad v. City of Hollywood, 430 F.Supp.2d 1296 (S.D.Fla.,2006), the United States District Court for the Southern District of Florida disapproved of permitting places of worship by special exception, because of the discretion inherent in special exception criteria. Currently, houses of worship are permitted in the City's residential districts with approval by special exception. The proposed ordinance provides that houses of worship will no longer be allowed in residential districts as special exception uses. Churches, synagogues, and other houses of 1 worship will instead be permitted as of right within the Commercial Districts (C1, C2, C3, C4), the Transit Oriented Corridor (TOC) and Transit Oriented Development Districts (TOD's), and the Marina Mile (M-1) District. Planning staff has conducted an analysis of the areas in which houses of worship are permitted uses. Although the RLUIPA case law does not specify a definite minimum requirement for areas zoned for places of assembly within the City, the amount of area zoned to allow houses of worship appears sufficient under the principles applicable to regulating uses protected by the First Amendment. II. Home-Based Assembly Regulations Traffic, noise, and parking impacts result from home-based (and, in the case of single and multi-family developments with common facilities, common-area based) assembly uses that are accessory to residential homes. These assemblies include a wide range of activities, whether they are sales activities such as Tupperware parties, social gatherings such as football parties, or prayer groups. Such activities warrant regulation when they are frequent, regular, and create a significant parking impact under the relevant caselaw. It is advisable that the City consider regulatory measures to ensure that these home-based and common-area based activities are compatible with nearby residential uses so that they will not adversely impact their neighbors. The proposed regulation of home-based and common-area based assemblies included in the ordinance (copy attached) provides that a home-based assembly use which occurs more than four (4) times per month for two (2) consecutive months will be deemed to be beyond the scope of the accessory use and shall not be permitted. Furthermore, an assembly which results in an additional eleven (11) vehicles being parked near the dwelling unit at each assembly will be deemed to be beyond the scope of the accessory use and shall not be permitted. With regard to common area-based assemblies, an assembly use that results in an additional six (6) vehicles being parked near the common area will be deemed to be beyond the scope of the accessory use and shall not be permitted. In the event that an assembly use can be shown to have exceeded the allowable frequencies or parking limits of the ordinance, the City can take enforcement action against the assembly use. By design, this provision is not intended to be frequently exercised. Rather, it provides an enforcement mechanism for assemblies that create severe extreme land use impacts on surrounding properties. Under the current code, unless the assembly violates City noise regulations, it would be difficult to cite such a use. This Ordinance is ready for passage by the City Commission. Attachment 2 ORDINANCE NO. 2007-013 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES, CHAPTER 28, "ZONING," ARTICLE 2, "DEFINITIONS", TO DEFINE "COMMON AREA'; AMENDING ARTICLE 4, "DISTRICT REGULATIONS," SECTION 4.10, "APPLICATION OF REGULATIONS", TO PROVIDE THAT CHURCHES, SYNAGOGUES AND HOUSES OF WORSHIP SHALL NO LONGER BE PERMITTED BY SPECIAL EXCEPTION; CREATING ARTICLE 33, "HOME AND COMMON-AREA BASED ASSEMBLY USES," TO PROVIDE FOR REGULATION OF ACCESSORY ASSEMBLY USES IN RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the federal law known as the Religious Land Use and Institutionalized Persons Act of 2000, 42 U.S.C. § 2000cc et seq. ("RLUIPA") is designed to protect religious land uses and prohibits government from treating a religious assembly or institution on"less than equal terms" as compared to a non-religious assembly; and WHEREAS, RLUIPA prohibits zoning regulations that substantially burden the religious exercise of churches or other institutional religious assembly land uses unless they are the least restrictive means of furthering a compelling governmental interest; and WHEREAS, in light of recent case law interpreting RLUIPA and constitutional requirements with regard to local land development regulations, the City Commission ("City") desires to revise the zoning district regulations within the City Code of Ordinances ("City Code") in order to ensure statutory compliance and equal treatment of religious assemblies; and WHEREAS, the City desires to encourage the location of public assembly uses on appropriate parcels within the City where they will be compatible with surrounding uses; and WHEREAS, the City Code currently lacks standards to address the impacts of home- based and common-area based accessory assembly uses located in residential zoning districts; and WHEREAS, the City recognizes that home-based and common-area based assemblies in residential zoning districts may create parking and traffic impacts, and that these impacts should be addressed by appropriate regulation; and WHEREAS, the City seeks to create additional standards to address parking impacts arising from common-area based assembly uses occurring in residential communities, due to the limited supply of parking within such communities; and WHEREAS, to create standards to address home-based and common area-based assembly uses in residential zoning districts throughout the City, the City Commission desires to amend the Code; and WHEREAS, the Planning and Zoning Board, sitting as the Local Planning Agency of the City, held a public hearing on May 16, 2007 and made a recommendation as to adoption of this Ordinance; and WHEREAS, the City Commission has held two (2) properly advertised public hearings pursuant to law; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the preceding "Whereas" clauses are ratified and incorporated as the legislative intent of this Ordinance. Section 2. That Chapter 28, "Zoning," Article 2, "Definitions," Section 2.10 "Definitions" is amended to read as follows: 2 ORDINANCE#2007-013 ARTICLE 2. DEFINITIONS 2.10. Definitions. Common area shall mean a room or designated area within a building or complex of buildings zoned for multi-family residential use served by shared or public parking areas, which is reserved for the exclusive use of the residents of the building or complex and their invited guests, and is an accessory use to the primarily residential use of such buildings. • • • Section 3. That Chapter 28, "Zoning," Article 4, "District regulations," Section 4.20, "Application of regulations" is amended to read as follows: ARTICLE 4. DISTRICT REGULATIONS. 4.20. Application of regulations. TABLE INSET: SCHEDULE OF USE REGULATIONS CITY OF DANIA BEACH DISTRICT PERMITTED ACCESSORY SPECIAL PURPOSE USES USES EXCEPTION USES 1. Private nurseries 1. Essential and greenhouses. services. The purpose of 2• Private garages. 2. Pool houses this district is to 3. Private intended for the use provide for use 1. Single- swimming pools of family and guests and occupancy family and/or cabanas. only. Estate of one-fami ly dwellings. 4. Other accessory 3. Public or private 35,000 2. Municipally uses customarily academic schools. Single- dwelling units owned or incident to 4. Private, social, Family at very low operated parks permitted or swimming, golf, densities and and recreation approved special tennis and yacht related essential areas. exception uses, not clubs. services and involving the 3. Chu-rehe facilities. conduct of sygegses =d business. ether houses 5. Off-street wership. 3 ORDINANCE#2007-013 parking 6. 5. Supplemental (noncommercial parking. vehicles). 1. Private nurseries 1. Essential and greenhouses. 2. Private garages. services. 3. Private 2. Pool houses Intended for the use The purpose of swimming pools this district is to and/or cabanas. of family and guests 1. Single- only. provide for use 4. Other accessory family 3. Public or private and occupancy uses customarily dwellings. academic schools. R-S 18,000 of one-family incident to Single- dwelling units 2. Municipally permitted or s Private, social, owned or swimming, golf, Family at low densities approved special and related operated parks exception uses, not tennis and yacht clubs.3' essential and recreation involving the C> _che services and areas. conduct of a facilities. business. othsyner gues .a e 5. Off-street other houses of parking 6. 5 Supplemental (noncommercial parking. vehicles). 1. Private nurseries 1. Essential and greenhouses. 2. Private garages. services. 3. Private 2. Pool houses The purpose of swimming pools intended for the use this district is to and/or cabanas. of family and guests provide for use 4. Other acce 1. Single- only. ssory and occupancy family uses customarily 3. Public or private dwellings. academic schools. R-S 12,000 of one-family incident to 2. Municipally 4. Private, social, Single- dwelling units owned or permitted or swimming, golf, Family at low densities approved special and related operated parks exception uses, not tennis and yacht clubs.5' essential and recreation involving the Gh rvhes services and areas. conduct of synag^ ues and facilities. business. ether ^houses of 5. Off-street parking 6 5. upplemental (noncommercial parking. vehicles). 4 ORDINANCE#2007-013 1. Planned unit development, PUD- 1 (See Article 7 for standards). 1. Private nurseries 2. Essential and greenhouses. services. 2. Private garages. 3. Pool houses 3. Private intended for the use The purpose of swimming pools of family and guests this district is to and/or cabanas. only. insure for use 1. Single-family 4. Other accessory 4. Public or private and occupancy dwellings. uses customarily academic schools. R-S 8,000 of one-family incidental to 5. Private, social, Single- dwelling units 2. Municipally owned or permitted or swimming, golf, Family at low densities approved special tennis and yacht and related operated parks exception uses, not clubs. essential and recreation involving the 6. Ehriro:.es-, services and areas. conduct of synagoguesana facilities. business. ether houses of 5. Off-street worship. parking -7. 6 Supplemental (noncommercial parking. vehicles). 9. 7 Nonprofit cultural centers. 9. 8 Municipally owned or operated parking areas. R-S 6,000 Same as R-S Same as R-S Same as R-S 8,000 Same as R-S 8,000 Single- 8,000 8,000 Family The purpose of I. Single- 1. Private nurseries 1. Essential this district is to family and greenhouses. services. provide for use dwellings. 2. Private garages. 2. Public or private R-D 8,000 and occupancy 2. Municipally 3. Private academic schools. of one- and owned or swimming pools, 3. mhes, Two `'''�� two-family operated parks cabanas or both. synagogues—and Family units at low and recreation 4. Other accessory ether houses of moderate areas. uses customarily worship. densities and 3. Two-family incidental to 4. 3. Supplemental related essential dwellings. permitted or parking. 5 ORDINANCE#2007-013 services and approved special -5-. 4.Storage facility facilities. exception uses, not for a church or involving the school when the site conduct of is within 200 feet of business. the approved 5. Off-street church or school parking and further that any (noncommercial structure built, vehicles). utilized, or both under this provision maintains the residential appearance of the zoning district. 1. Private nurseries 1. Planned unit 1. Single- and greenhouses. development, PUD- family 2. Private garages. 2, PUD-3. dwellings. 3. Private 2. Essential The purpose of 2. Municipally swimming pools services. this district is to owned or and/or cabanas. 3. Public or private provide for use operated parks 4. Other accessory academic schools. R-M and occupancy and recreation uses customarily 4. Private, social, Multifamily of multifamily areas. incident to swimming, golf, Residential dwellings at 3. Two-family permitted or tennis and yacht moderate dwellings. approved special clubs. densities and 4. exception uses, not 3. ` huge eE related essential Townhouses. involving the synagogues=d services and 5. Multifamily conduct of ether houses of facilities. dwellings. business. Wafship. 6. Cluster-- 5. Off-street 6. 5. Supplemental Single-family. parking parking. (noncommercial -: 6. Nonprofit vehicles). cultural centers. The purpose of 1. Single- 1. Private nurseries 1. Planned Unit this district is to family and greenhouses. Development PUD R-M(l) provide for use dwellings. 2. Private garages. 2 & 3. Multifamily and occupancy 2. Municipally 3. Private 2. Essential Residential of multifamily owned or swimming pools services. dwellings at operated parks and/or cabanas. 3. Public or private moderate and recreation 4. Other accessory academic schools. densities and areas. uses customarily 4. Private, social, related essential 3. Two-family incident to I swimming, golf and 6 ORDINANCE#2007.013 services and dwellings. permitted or tennis clubs. facilities. 4. approved special 5. Churehe Townhouses, exception uses, not synagogues�.Q 5. Multifamily involving the ether houses e€ dwellings. conduct of Werehip. 6. Cluster-- business. 6. 5. Supplemental Single-family. 5. Off-street parking. parking -7-. 6. Nonprofit (noncommercial cultural centers. vehicles). 9. 7. Municipally owned or operated parking areas. 1. Planned Unit Development PUD 1. Private nurseries 2 & 3. 1. Single- and greenhouses. 2 Essential family 2. Private garages. services. dwellings. 3. Private 3. Public or private The purpose of 2. Municipally swimming pools academic schools. this district is to owned or and/or cabanas. Private, social, s provide for use operated parks 4. Other accessory swimming, golf and tennis clubs. and occupancy and recreation uses customan of multifamily areas. incident to and Ghtwe - Residential Multifamily s at 3. Two-family permitted or synagogues Residential g Y o p of moderate moderate dwellings. approved special densities and 4. exception uses, not 6Supplemental related essential Townhouses. involving the parking. services and 5. Multifamily conduct of 7 6. Nonprofit facilities. dwellings. business. cultural centers. 6. Cluster-- 5. Off-street c 7 Municipally Single-family. parking owned or operated (noncommercial parking areas. vehicles). 9- g Adult residential care facilities. R-M(3) Multifamily Same as R- Same as R- Same as R-M(2) Same as R-M(2) Residential M(2) M(2) RO (See sections 19.10 through 19.50 for RO regulations.) 7 ORDINANCE#2007-013 Section 4. That Chapter 28, "Zoning," Article 33, "Home and common-area based assembly uses," Section 30.10 "Home and common-area based assembly uses", is created to read as follows: ARTICLE 33. HOME AND COMMON-AREA BASED ASSEMBLY USES. 30.10. Home and common-area based assembly uses. (a) The standards set forth in this section shall apply to any proposed or existing assembly use within the following residential zoning districts: Estate 35,000 Single-Family, R-S 18,000 Single-Family, R-S 12,000 Single-Family, R-S 8,000 Single-Family, R-S 6,000 Single-Family, R-D 8,000 Two-Family, R-M Multifamily Residential, R-M(1) Multifamily Residential, R-M(2) Multifamily Residential, R-M(3) Multifamily Residential and Residential Office (RO). (b) Home-based and common-area based assemblies are permitted, whether for social, religious, or other reasons, as an incidental accessory use to the principal residential use. (c) Frequency of home-based and common-area based assembly uses. Assemblies that occur more than four (4) times per month for two (2) consecutive months will be deemed to be beyond the scope of the accessory use and shall not be permitted. (d)Parking standard. (1) Home-based assembly uses. A home-based assembly use which results in an additional eleven (11) vehicles being parked near the dwelling unit at each assembly will be deemed to be beyond the scope of the accessory use and shall not be permitted. Vehicles parked legally on the site of the home-based assembly shall not be counted toward the eleven (11) vehicles. (2) Common-area based assembly use. A common area-based assembly use which results in an additional six (6) vehicles being parked near the common-area based assembly use will be deemed to be beyond the scope of the accessory use and shall not be permitted. Additionally, the parking demand created by such assemblies shall not exceed the supply of parking spaces provided within the shared guest or visitor parking areas allocated to common-area functions. Section 5. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with this Ordinance are repealed to the extent of such conflict. 8 ORDINANCE#2007-013 Section 6. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 7. That this Ordinance shall be in force and take effect immediately upon its passage and adoption. PASSED on first reading on 12007. PASSED AND ADOPTED on second reading on 12007. BOB ANTON MAYOR COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 9 ORDINANCE#2007-013 CITY OF DANIA BEACH NOTICE OF PUBLIC HEARING NOTICE OF TEXT AMENDMENT AND AMENDMENT TO SPECIAL EXCEPTION USES LISTED IN CHAPTER 28,°ZONING" OF THE CITY OF DANIA BEACH CODE OF ORDINANCES The City of Dania Beach proposes to adopt the following ordinance: AN ORDINANCE OF THE,CITY OF DANIA BEACH,FLORIDA,AMENDING THE CITY CODE OF ORDINANCES, CHAPTER 28"ZONING,"ARTICLE 2 "DEFINITIONS"TO DEFINE"COMMON AREA"AMENDING ARTICLE 4 'DISTRICT REGINATIONS; SECTION 4.10 "APPLICATION OF REGULATIONS" TO PROVIDE THAT CHURCHES,SYNAGOGUES,AND HOUSES OF WORSHIP SHALL NO LONGER BE PERMITTED BY SPECIAL EXCEPTION; CREATING ARTICLE 33, 'HOME AND COMMON-AREA BASED ASSEMBLY USES,-TO PROVIDE FOR REGULATION OF ACCESSORY ASSEMBLY USES IN RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR CONFLICTS;PROVIDING FOR SEVERABILITY,AND PROVIDING FOR AN EFFECTIVE DATE. (1ST PUBLIC HEARING) A public hearing will be held at the following date,time,and meeting place: Date: June 12,2007 Time: 7:00 p.m.,or as soon thereafter as possible Place: City Commission Room Dania Beach Administrative Center 100 West Dania Beach Blvd. Dania Beach,Florida 330D4 P" a r r" ' I 7 'y City of Dania Beach Boundary Map - i The above ordinance affects the entire area indicated in the above map. Copies of the proposed Ordinance are on file in the Office of the City Clerk, City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, and may be inspected by the public during normal business hours. Interested parties may appear at the aforesaid meeting and be heard with respect to the proposed. Any person who decides to appeal any decision made with respect to any matter considered at this 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. In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of the proceedings should contact the City Clerk's Office,100 West Dania Beach Boulevard, Dania Beach,Florida 33004,(954)924-3623 at least 48 hours prior to the meeting. Lou Ann Cunningham Planning Associate CITY OF DANIA BEACH Agenda Item # / Agenda Request Database Date of Commission Meeting: 6/12/2007 Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑X Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: ORDINANCE NO.2007-012 AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORIDA APPROVING THE RECUSET BY TARA KLEIN WITH THE FIRM CRAVEN THOMPSON&ASSOCIATES. REPRESENTING BROWARD COUNTY DEPARTMENT OF ENVIRONMENTAL SERVICES,TO REZONE PROPERTY LOCATED AT 6261 RAVENSWOOD ROAD,DANIA BEACH,FLORIDA,AND LEGALLY DESCRIBED IN EXHIBIT*A*,A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE;CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM G2 (COMMERCIAL).TO ROM(INDUSTRIAL RESEARCH OFFICE MARINE);SUBJECT TO CERTAIN RESTRICTIONS;PROVIDING FOR CONFLICTS.PROVIDING FOR SEVERABILITY;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ RZ-69-06: The applicant, Craven Thompson &Associates, on behalf of Broward County Office of Environment Services, is requesting rezoning of a 9200 square foot parcel from C-2 (Commercial)to Industrial Research Office Marine (IROM) for property at 4261 Ravenswood Road (FIRST READING). Ordinance Staff Report Location Map Application Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by Laurence Leeds Date Department Director Laurence Leeds Date HR Director Date Finance Director Date City Attomey Date City Manager Date Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ ORDINANCE NO. 2007-012 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REQUEST BY TARA KLEIN WITH THE FIRM CRAVEN THOMPSON & ASSOCIATES, REPRESENTING BROWARD COUNTY DEPARTMENT OF ENVIRONMENTAL SERVICES, TO REZONE PROPERTY LOCATED AT 4261 RAVENSWOOD ROAD, DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM C-2 (COMMERCIAL), TO IROM (INDUSTRIAL RESEARCH OFFICE MARINE); SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City's Planning and Zoning Advisory Board, sitting as the local planning agency, has reviewed this Ordinance and recommended its approval to the City Commission; and WHEREAS, the City Commission has considered this Ordinance at a duly noticed public hearing according to law; and WHEREAS, the City Commission finds that this Ordinance is necessary for the preservation of the public health, safety and welfare of the City's residents; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the rezoning request filed by the City of Dania Beach, for property located at 4261 Ravenswood Road, within the City of Dania Beach, Florida, is granted and the parcels as described in Exhibit "A" are rezoned from the "C-2" zoning classification to the "IROM" zoning classification, a copy of which request is attached to this Ordinance. Section 2. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed. Section 4. That this Ordinance shall be effective immediately at adoption on second reading. PASSED on first reading on , 2007. PASSED AND ADOPTED on second reading on 2007. BOB ANTON MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 ORDINANCE 92007-012 EXHIBIT "A" LEGAL DESCRIPTION A PORTION OF LOT 4, BLOCK 4, OF PLAT OF SECTIONS 28, 29, 31 AND 32, BEING IN SECTION 29, TOWNSHIP 50 SOUTH, RANGE 42 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 32 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 225 FEET SOUTH OF THE NORTHEAST CORNER OF SAID LOT 4 BLOCK 4; THENCE WEST 135 FEET; THENCE SOUTH 92 FEET; THENCE EAST 135 FEET; THENCE NORTH 92 FEET TO THE POINT OF BEGINNING; LESS THE EAST 35 FEET THEREOF. SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA. (LEGAL DESCRIPTION BASED FROM WARRANTY DEED RECORDED IN THE OFFICIAL RECORD BOOK 18033, PAGE 136 OF THE PUBLIC RECORDS OF BROWARD COUNTY,FLORIDA.) 3 ORDINANCE#2007-012 Location Map: • CITY OF DANIA BEACH x �ROAA16 RZ-69-06/SE-70-06 N — � N d [ROM w v R-1 C N C:-3 a alsT LC a _ R-1C a _. __.. SW42ND STJ Df IS SITE 'a R-1 C C-2' �a F sw42NVCT- iR M C C-2 DANIACUTOF$t'ANAL R O SW 44TH ST O m s S> z RS-640D z IROM IROM I 4 m 1 S � — SW 45TH S'f- CCESS RD.:. � iidd o m C-1 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: June 12, 2007 TO: Ivan Pato, City Manager / FROM: Laurence Leeds, AICP, Director Cj• (�✓ Corinne Lajoie, AICP, Principal Planner SUBJECT: RZ-69-06: The applicant, Craven Thompson & Associates, on behalf of Broward County Office of Environment Services, is requesting rezoning of a 9200 square foot parcel from C-2 (Commercial) to Industrial Research Office Marine (IROM) for property at 4261 Ravenswood Road (FIRST READING). PROPERTY INFORMATION CURRENT ZONING: C-2 PROPOSED ZONING: ]ROM FUTURE LAND USE PLAN: "Industrial' PROPERTY OWNER: Broward County Board of Commissioners Adjacent Zoning District Future Land Use Existing Use Property Plan North C-2 Industrial Vacant/Retail South C-2 Industrial Parkin lot Rustic Inn East [ROM Industrial Industrial West C-2 Industrial Parkin lot Rustic Inn The subject property is located north of the Rustic Inn on the,west side of Ravenswood Road and is currently vacant. Broward County is proposing the construction of a 1,900 square foot waste water pump station. The applicant has applied to rezone the property from C-2 to IROM. A waste water pump station is prohibited in C-2 but regulated in IROM as a special exception use. If the zoning change is approved on second reading, the City Commission will consider the Special Exception and Site Plan at the same meeting. PLANNING AND ZONING BOARD RECOMMENDATION On May 16, 2007 the Planning and Zoning Board recommended approval of the zoning change to IROM. Message Page I of 1 Lajoie, Corinne From: Orlando, Dominic Sent: Friday, May 18, 2007 6:07 PM To: Lajoie, Corinne; 'Tara Klein' Subject: FW: PS-310 No we do not need to meet. Everything is OK. -----Original Message----- From: Tara Klein [mailto:tklein@craventhompson.com] Sent: Friday, May 18, 2007 3:31 PM To: Orlando, Dominic Subject: RE: PS-310 Yes, it is shown on all drawings now (see attached drawings). Do we need to meet to confirm this? From: Orlando, Dominic [mailto:dorlando@ci.dania-beach.fl.us] Sent: Friday, May 18, 2007 2:31 PM To: Tara Klein Subject: RE: PS-310 Hi Tara, What is FFE? 8.09 -----Original Message----- From: Tara Klein [mailto:tklein@craventhompson.com] Sent: Wednesday, May 16, 2007 2:02 PM To: Orlando, Dominic Subject: PS-310 Dominic, I just received an email from Corinne stating that I must have a letter that states we have complied with all comments you had on the Pump Station 310 before we can proceed to City Commission. The outstanding comment from you was in regards to the FFE being different on the Civil and Architecture drawings. This issue has been corrected and therefore was wondering if we could schedule a time to meet so I can show you this has been resolved? Please let me know so I can get a letter from you to Corinne before June 4th Thank you for your time, Tara Y. Klein CRAVEN THOMPSON &c ASSOCIATES INC. 3563 NW 53rd Street Fort Lauderdale,FL 33309 954.739.6400 phone 954.739.6409 fax ik(ein@craven[hompson.com 5/21/2007 .vii,00ug. Page 1 of 3 Lajoie, Corinne • From: Orlando, Dominic A Sent: Monday, March 26, 2007 7:13 PM To: 'Tara Klein' Cc: Lajoie, Corinne; Leeds, Larry; Pato, Ivan; Ansbro, Tom; Williams, Leo; Florentine, Kathryn Subject: RE: PS310 We are in the process of adding street lights, traffic calming and side walks to area west of Ravenswood Road and working our way east to within original City limits. I suggest you include sidewalks. -----Original Message----- From: Tara Klein [mailto:tklein@craventhompson.com] Sent: Monday, March 26, 2007 4:48 PM To: Orlando, Dominic Subject: RE: PS310 Dominic, I spoke with Pat Gibney- the Civil Engineer in charge of the project- he said that there were no plans yet for this side of Ravenswood that is North of Griffin. I have attached a graphic to illustrate the location of this Pump Station. We would be happy to provide the sidewalk to comply with code. We just thought it would be a waste of money to do the 92' of sidewalk at this time if the county was going to eventually come in and do it but you understand that. Currently • the sidewalk will die into a vacant lot- see attached. Please let me know— if there are no exceptions to the rules we will add the sidewalk per ADA requirements. Thank you for your time, Tara Klein .... ....................... .. . ..................... .. ... . From: Orlando, Dominic [ma i Ito:dorlando@ci.dania-beach.fl.us] Sent: Monday, March 26, 2007 12:56 PM To: Tara Klein Cc: Lajoie, Corinne; Williams, Leo; Florentine, Kathryn; Leeds, Larry; Ansbro, Tom; Pate, Ivan Subject: RE: PS310 Hi Tara, The City ,vas involved in a law suite regarding ADA/ sidewalk issues. We have received several request to have sidewalks installed on various streets, some leading to nowhere. We have a resident that travels all over the City in a wheelchair. I had several meetings last year with BC My understanding is the plans for the road work on Ravenswood Road have been completed_ The delay has to do with purchase of right of wav and easements. You should be able to coordinate your design with BC roadwork project. I can not support recommencing a wavier. The sidewalks are required with all new construction. Based on my review comments, ! have agreed to delaying construction of the sidewalks until the Ravenswood Road project proceeds. However if the road project is delayed Indefinitely BC will he responsible for construction of the sidewalks as required by ADA. -----Ori Original Message 2ssage----- From: Tara Klein [mailto:tklein@craventhompson.com] • Sent: Friday, March 23, 2007 9:01 AM To: Orlandc, Dominic Cc: Lajcie, Corinne Page 2 of 3 Subject: FW: PS310 • Mr. Orlando, I saw that you had reviewed the Pump Station 310 that has come through for staff comments and approved it with conditions. Corrine is telling me that I need your recommendation as well for the sidewalk waiver to be presented to the City Commission. I'm not sure if this is a standard letter that you write stating the conditions on your review sheet or if we need to meet to go over the issues? To give you an update our client, Broward County, is planning to do upgrades on Ravenswood and it would be better to do the sidewalk when all other improvements are being done on the road instead of implementing it now with the fear that it would have to be moved later to correlate with the improvements. Please let me know what you need from me to get this necessary recommendation from you. I have attached the request for the sidewalk waiver as provided in the recent set that was submitted for staff review as well as your comment review sheet. Please contact me if you have any questions. Thank you for your time, Tara Y. Klein CRAVEN THOMPSON &ASSOCIATES INC. 3563 NW 53rd Street Fort Lauderdale,FL 33309 954.739.6400 phone 954.739,6409 fax tklein@cravenihompson_com From: Lajoie, Corinne [mailto:cchurch@ci.dania-beach.fl.us] Sent: Thursday, March 22, 2007 4:33 PM To: Tara Klein Subject: RE: PS310 The project will be held at staff review level until the plans are perfect. So the next step is to revise the plans again to address every staff comment. Yes, you should also be working with Dominic to get his recommendation regarding the sidewalk waiver. Corinne Lajoie, Principal Planner City of Dania Beach (954) 924-3704 -----Original Message----- From: Tara Klein [mailto:tklein@craventhompson.com] Sent: Thursday, March 22, 2007 4:24 PM To: Lajoie, Corinne Subject: PS310 Corinne, I received the comments yr 4erday for the Pump Station 310 and was wondering what the next step is to get to thQ City Commission? Also I noted that the sidcv,% lk waiver now needs a recommendation by the Public rvtessage Page 3 of 3 Services Director? Should I get a letter from Dominic Orlando? As for the height of the fence it is no problem to reduce the height to 6' and no need for a variance. Please let me know how to proceed as we are trying to get this project pushed forward. Thank you for your help, Tara Y. Klein CRAVEN THOMPSON &ASSOCIATES INC. 3563 NW 53rd Street Fort Lauderdale,FL 333C9 954,739.6400 phone 954.739,6409 fax tkle in@craventhompson.com • • 3/27/20( �— CITY OF DANIA BEACH • COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET PLEASE REVIEW SITE PLAN AND RETTURN WITH COMMENTS IF ANY 2/23/200T - - - - - f Route Date I� PZ Log 'ASP 66-06; RZ-69 O6 — . S sl , Project Pump Station 310 Folio - Revised Plans '! "; K i 7901 PLEASE REVIEW THE ABOVE REFERENCE PR011K3 FP11 CSUMMEN , TO BE INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S StAff RECOMMENDATJ, O THE PLANNING AND ZONING BOARD AND CITY COMMISSION.THANK YOq. s Zl d t 1d `: 3 Route Via: Mail Pick UP J'i In-house � Fire Marshal ❑ Landscape BSO _ Public Services -i Planner Other Consultants �NCGA * ,�(s '�Vec -c Approved as submitted Denied Comments must address prior Approved w/conditions to PZ I Commission hearing • List Conditions SHOL,) coki�c c-T F.F. Eu i 3�ic ,� cn� .ALL Ci c✓i S - 't/� tiEi7/Z 7 L' ,/ FC_ 5iYgJL I% C L-/Ur u/ 5I11CG-7'LK I'ZW 7J),q 41/k'CiJ_,C : oK �FINjF3L!/� crlTr FUTui, , ctc-5, . I Signature V'/ Date v l l ram/c < Print Name X • CGA Project No 971825.51 Cite of Dania Beach Ref. No. SP-68-06 DEVELOPMENT REVIEW COMMITTEE CHECKLISTS ENGINEERING REVIEW The following is a list of standard site plan requirements that are reviewed by the City of Dania Beach Public Services Department. This list is intended to give general guidelines only and is not to be considered all-inclusive. Depending upon the development additional items may be required. Site plan submittals without the following minimum criteria will be returned to the applicant without a complete review being performed thus resulting in additional delays to the site plan approval process until the information is provided. Project Information Project Name: Pump Station No. 310 Project Address: Name of Owner: Name of Applicant: Applicant's Address: Contact Number: Submittal Requirements • ❑ A recent survey prepared by a Florida registered land surveyor, reflecting existing natural features, such as topography, vegetation, existing paving, existing structures, and waterbodies. Site information should contain legal description, including section, township, and range. Site boundaries shall be clearly identified, and ties-to-section corners. ❑ Stormwater Calculations and copy of previous permits from SFWMD or other agencies, if any. ❑ An application for final site plan approval which abuts a State Road shall be accompanied by a valid Pre-Application approval letter from the Florida Department of Transportation. ❑ Soils Report, if applicable. ❑ Lift Station calculations, if applicable. ❑ Provider of water and sanitary facilities. Utility agreement for water and sewer line extension, if applicable. ❑ Complete set of Civil Engineering plans as described below. Existing Site Conditions/Topographic Survey ❑ Provide a north arrow with reference and an engineering scale 1"=200' max ❑ Show all property boundaries with linear bearings and distances, curve boundary information and the building setbacks. ❑ Show all existing property lines, which are to be removed and label them appropriately. ❑ Show all adjacent parcels with the graphical angle of departure of adjacent property lines. • ❑ Show all building and structures and label current use/facility name and finished floor elevation. ❑ Show all pavement, parking, and driveway access points on the property. ❑ Show all walkways/sidewalks/handicap ramps both adjacent to the development and opposite any existing roadways or intersections. ❑ Show all adjoining streets and alleys with names, rights-of-way and pavement widths ❑ Show all water lines, sanitary water lines, services, cleanouts, valves, hydrants within 100 feet, water meter vaults, backflow preventers, storm sewer systems, catch basins, headwalls, junction boxes, other structures, ditches and swales. ❑ Show and label all easements, both public and private with location and width. Define all easements by centerline bearings, distances and ties to property corners or page book and deed reference. Site Plan Sheet ❑ Clearly distinguish graphically between existing features and proposed features. ❑ Show all proposed property lines. ❑ Show all areas to be dedicated or reserved for public or private use and define with property lines or easements. ❑ Show all building setback lines. ❑ Clearly define the footprints of proposed buildings. ❑ Define with details typical cross-sections for all proposed public or private • streets/alleys. ❑ Details should include typical pavement structure, size and type of curbing, shoulders, sidewalks, pavement widths, and right-of-way widths, as applicable. ❑ Internal traffic circulation, including directional arrows, and signs to direct traffic flow. Locations of all parking and loading areas. ❑ Show location of traffic control signs and pavement markings. ❑ All adjacent rights-of-way, with indication of ultimate right-of-way line, center line, width, paving width, existing median cuts and intersections, street light poles and other utility facilities and easements. ❑ Typical Cross-section of proposed construction. ❑ Show all internal sidewalks and provide handicap ramps per ADA and FDOT standards. Show ramp details. • Paving, Grading, and Drainage Plan Sheets • ❑ Provide preliminary grading plan. ❑ Provide preliminary storm drainage layout plan, which shows basic drainage locations with indicative pipe and structure sizes. Location of all drainage features, and retention areas, if any. ❑ Provide preliminary storm drainage easement sizes and locations, if applicable. ❑ Provide typical sections for proposed surface drainage (ditches, swales, retention/detention areas, etc.) ❑ Provide finished floor elevations for all structures (building, concrete pads, pump stations, etc.) ❑ Geometry of all paved areas including centerlines, dimensions, radii and elevations. Pavement materials. Utility Plan Sheets ❑ Existing and proposed fire hydrant locations, fire lanes and fire department connections. ❑ Designate the location of all proposed connection to water and sewer mains. ❑ Show all water and sanitary sewer easements (combined easements are not allowed, but overlapping easements are acceptable) ❑ Show all valves, manholes, sewer cleanouts, hydrants, meters and sizes. Sewer cleanouts in traffic areas shall be labeled as traffic bearing cleanouts. ❑ Show all backflow prevention devices. • ❑ All food service dumpsters and compactors are required to have drains to a sanitary sewer. Second Review: No further comment with the understanding that the proposed force main will be covered under a separate permit submission. Reviewed by: John Messerian, P.E. Director, Municipal Engineering Calvin, Giordano & Associates r r Concurred: Dominic Orlando, P.E. Director of Public Services City of Dania Beach, FL • CITY OF DANIA BEACH • COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET PLEASE REVIEW SITE PLAN AND RETURN- Route Date ! 2/23/200T - - - PZ Log LISP-68-06; RZ-69-O6 _.- ------- iSE-70-06 Project Pump station 310 - -- --_---- _-- -i ----.-__ Revised Plans Folio 504229011250 F REVIEWTHE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE INCORPORAT7INTHEITY DEVELOPMENT DIRECTOR'S STAFF RECOMMENDATION TO THE PLANNING ANDND CITY COMMISSION.THANK YOU. Route Via: Mail 'L1 Pick Up J; In-house Fire Marshal i] Landscape iJ! Public Services J BSO Planner ❑ -- Other Consultants i__iCGA - - - Approved as submitted '!,✓// Denied Comments most ay ss onor to PZ/Commission i, Approved w/conditions • List Conditions Signature Date Print 9G K • March 22, 2007 • MEMORANDUM TO: Corrine Church, Planner FROM: Patti Hoot-McLeod Landscape Consultant RE: Pump Station 310 SP-68-06 Landscape Plan Review I have reviewed the landscape plans for the Pump Station 310, SP-68-06, dated August 2006, and recommend approval. The plan exceeds the minimum requirements set forth by the City of Dania Beach. Respectfully submitted, Patti Hoot-McLeod Landscape Consultant • • CITY OF DANIA BEACH • COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET PLEASE REVIEW SITE PLAN AND RETURN WITH COMMENTS IF ANY Route Date 2/23/2007. -- ------- PZ Log SP.68-06; RZ-69-06 �SE-70-06 -- Project Pump Station 3_10 ;Revised Plans Folio 1504229011250 PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE INCORPORATED IN THE DEVELOPMENT DIRECTOR'S STAFF RECOMMENDATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION, THANK YOU. Route Via: Mail F.i Pick U ` J r p v— In-house :_: E Fire Marshal I�) Landscape [_, g p BSO r Q Public Services �_' Planner f.._j Other Consultants I .;CGA o v^ Approved as submitted Denied N Q ,- - Comments must address prior Approved w/conditions to PZ 1 Commission hearing - • List Conditions Iq _ t Signature Date Print Name v 7< • • o �rt ._,+�����(J{'�yr7�(}'�� Hazen andSawyer, ,E ANTID AIWE 4000 Hollywood Boulevard Environmental Engineers 8 Scientists 750N,North Tower JUN 1 Z007 Hollywood,FL 33021 954987.0066 Fax:s54 sB7-2s4s June 1, 2007 F i iN i1 n i n J Department Mrs. Corinne LaJoie Principal Planner City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Response to Comments from P&Z Meeting on May 16, 2007 Plantation Central WTP Broward County Pump Station 310 Dear Mrs. LaJoie: We can not predict the decibel levels that will be experienced after the pump station is constructed. We do not the pump model that the contractor will purchase. We have designed many pump stations in South Florida meeting local noise ordnances. Based on the size of the pump motors, we do not anticipate any problems with this station. As far as the generator is concerned, again, we can not predict the decibel levels that will be experienced after the pump station is constructed. The following points relating to controlling noise levels are being incorporated into the design: • The generator exhaust is being equipped with a hospital zone rated muffler • The generator room walls are being deigned with sound absorbing block • The generator room ceiling will be deigned for sound absorption • The generator room is being designed with an intake plenum which will help reduce noise • The generator room is being designed with an exhaust plenum that discharges air above which will help reduce noise levels. Attached is a photo of louvers from another project that are similar to the louvers that are being designed for this project. If there are any questions, please contact our office. Very truly yours, HAZEN AND SAWYER, P.C. Michael Wengre 4vich, P.E. Senior Associate Attachment c. B.Leonard T.Klatn G.Carr File 4200.173/1.0 Hwd.4200-173 L001.doc New Yolk,NY•Armonk,W•Phlladkonia,PA•Detroit MI•Raleigh.NC•Charlotte.NC•Fairfax.VA•Atlanta,CA•Hollywood.FL•Bon R O .FL•Port Plerce.FL•Tampa.FL•Sarasota.FL•Coal fables, L Broward County Property Appraiser's Network Page 1 of 1 LO PARRISH A IMPORTANT: If you are looking to purchase!his property,the tax amount shown may 1"1IW have no relationship to the taxes you will pay. of NT'Y Please use our Tax Estimator io determine a more likely estimate of your new amount. Q Click here to display your 2006 Tax Bill. Site Address 4251 RAVENSWOOD ROAD , DANIA BEACH ID# 5042 29 01 1250 Property Owner BROWARD COUNTY BOARD OF COUNTY Millage 0413 COMMISSIONERS Use 00 Mailing Address 115 S ANDREWS AVE FORT LAUDERDALE FL 33301-1801 Legal I MARSHALLS EVERGLADE SUB 2-32 D 29-50-42 LOT 4 S 92 OF N 317 OF E 135 LESS E Description 135 FOR CO RD BILK 4 Property Assessment Values Year Land Building Land Value AG Total Tax Current $75,900 $75,900 2006 $75,900 $75,900 $6.90 2005 $46,000 $46,000 $6.90 Save Our Exemptions Home Value Type 104 Widow(er)'s[Veteran's/Disability Homestead Non-Exempt $75,900 Sales History Land Calculations Date Type Price Book Page Price Factor Type 12/1/1990 W $69,000 18033 136 $825 92.00 FF 3/1/1988 QC $100 5/1/1974 W $26,000 Adj. Bldg.S.F. Special Assessments Fire Garbage Light Drainage Improvement Safe 04 DS L DS 1 .3 Please Note:Assessed values shown are NOT certified values and are subject to change before final certification for ad valorem tax purposes- http:/Ibcpa.net/Reclnfo.asp?URL_Folio=504229011250 6/4/2007 City of Dania Beach, Florida • Department of Community Development Planning and Zoning Division (954) 924-3645 General Development Application ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment ❑ Plat ❑ Plat Delegation Request d Rezoning ; a -:) Date Rec I''d: "I "b D� ®' Site Plan l�Special Exception �,n`J 'd ) ?(!L6 Petition No.:�- �O�-�1�0 ❑ Special Request 1p ❑ Trafficway Waiver ❑ Variance ! o ❑ 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: +2b1 M(ENMNOCO poAD Lot(s): _�_._ Block: Subdivision: MZ F6132 AGR P12 .DCA t,LS Recorded Plat Name: °PLAT op seas g%zi,31 W op -r-ws,P,11m w OR eveP&EFDes L ND c0. Folio Number(s):4�D'12 0I1 2-50 Legal Description: 58C-'AffACfl n1W1 Am Applicant Consults Legal Representative (circle one)�AM ptt-INy CRAVEN ►YthSCNA�SW Address of Applicant:: !b3 MW 56Kr>Sf i 7='T mftpe#�Df�1.G' . Eli( 333 P1 15 Business Telephone: I m• y*- ome: "0` Fax: 454-neI •t9gyq Name of Property Owner: i3ADWARb fAljN11 MAP-D OF COUNTll CoYNrh151DN� � NA IlLt Address of Property OO/�lw,�n..,,ellr:�,1t12r9 S• ,�{bRPiWs�y I^r LAPt PoOq� �i FIB 33301 Business Telephone:-IytT• l'4400me: —r/ Fax: 154. Explanation of Request: �KVF,V T Vh WUNIN(7 J SIM PG ON APFOVfL/ Prop. Net Acreage::� Gross Acreage: 0.2I Prop. Square Footage: _.0 2� • Existing Use: \jrf A gT � _!_P Proposed Use: r_�S , s property owned individually, by a corporation, or a joint venture? Se p.,.`. • Attachment A: LEGAL DESCRIPTION: A PORTION OF LOT 4, BLOCK 4, OF PLAT OF SECTIONS 28, 29, 31 AND 32, BEING IN SECTION 29, TOWNSHIP 50 SOUTH, RANGE 42 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 32, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 225 FEET SOUTH OF THE NORTHEAST CORNER OF SAID LOT 4 BLOCK 4; THENCE WEST 135 FEET; THENCE SOUTH 92 FEET; THENCE EAST 135 FEET; THENCE NORTH 92 FEET TO THE POINT OF BEGINNING; LESS THE EAST 35 FEET THEREOF. SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY,FLORIDA. (LEGAL DESCRIPTION BASED FROM WARRANTY DEED RECORDED IN THE OFFICIAL RECORD BOOK 18033, PAGE 136 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA). • • • I u ad that site plan approval automatially expkes within 12 months of City Com approval, pursuant to Ordinance No. 2005-040. r ApplWOwnerAignature Print Name Date � .� Tp 4�1. IN if �Z a6 00 SULTANT, OR LEGAL REPRESENTATIVE NOTARIZED TURE Sworn t a o and subscribed before me ApOkantlC,onsultantlRepreSentadve,- This� day of 1 20� Signahlre� Date: I I fV2 D TM?A 1 1tq lign Name of Notary Put k (Print Name) State of{ } t�lvd 53l�bsT. nt Name of Notary eStreet Address,Oty,( C State arw Zip Code �CU 2y2�.�q�jc� inmiswon Expires: LJ I� � �•b y� qsq• 7'eq• 6*! FA)( Seel: �o`;."• '.`4� CATNERINE A.DONN Telephone No. & Fax No. • * MY COMMISSION IDD616641 EXPIRES:August29,2010 Nl'rFOFFL"0 Banded ThN Budgie No"$,Nicea INDIVIDUAL OWNER NOTARIZED SIGNATURE: This Is to certify that i am the fee simple owner of suhject lands described above and mat I have authorized (Awt xVCdsultanyP,eeilreser,ta ve) to make and file the aforesaid appkcatlon, SMrom to and subscribm before rite Owner: This day of 20_ Signature: Rate: Sign Name of Notary Public ;Print Name) State of( } Pr1nt Name of Notary Street Address, City,State and Zip Code Conmilssion Expires: Seal: Telephone No.& Fax No, i • CORPORATION NOTARIZED SIGNATURE: This is to certify that the below referenced 059=ls the owner of subject lands�d cribed above and that I, as a duly authorized officer, have authorized (Applican�Representadve) 7SHtA ku8:f7 eC lJWftJ 'RtenPSea to snake and file the aforesaid application. Cavory Sworn to and subscribed before me Sapperat6e:e Name: This 1e N' day of 6-426-Y 20 L 6 Signature: Date: 6 06 ,d 74W a/LgC/f- n (� / (Print Name) r. C bIW4oy (LiArzv � Wn te',C�t� cf.uglileund9 V Sign Name of Notary Public (PrintTltle) State of( F L LC I S I1� d c_IC , 5 � W C opao, S )Col Street Address, My, State and ZIP Code018 t Pu k.shmala 9Sy- g31- 0 TV 0 � S q- 9.31- © 7 9 tt ++�Er�e.sbe..r er... SQMK MeeEoInetAeirX. 00 Telephone No. @ Fax No. • Cann baba t bD�7913 anded ey NWarW N Apart JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This Is to certify that the below referenced that the duly authorized persons are the owners of subject lands described above and that all partners have authorized (Appllcant/ConsultantJRepresentative) to make and file the aforesaid application. Sworn to and subscrlbed before me This_day of 20_ Signature: Date: — -- (Print Name)" Sign Name of Notary Public State of( ) Print Name of Notary Street Address, City, State and Zip code Commission Expires: Seal: Telephone No. &Fax No. • **Each partner must sign Attach duplicate sheets as required. April 5, 2007 3 3 Mrs. Corinne LaJoie Principal Planner City of Dania Beach 100 W Dania Beach Blvd. Dania Beach, FL 33004 e RE: PUMP STATION 310 CT&A Project No. 03-0077-001-02 Dear Corinne: Because we have complied with all comments through staff we are now submitting 10 sets of drawings along with 10 copies of the application, plat, and the Criteria Statement for Rezoning and Special Exception. Also included in this set are 10 copies of the 1 Ix17 color rendering as well as 2 copies of the rendering at full size 24 x36. Due to the comments regarding the sidewalk we have complied with the cities request and added in a 5' sidewalk per ADA codes. We have also changed the gate detail to show the gate at the city requested 6'. If you have any additional questions or comments please feel free to contact me directly at(954) 739-6400, ext.374 on this request. • Thank you, C VEN THOMPS�ON ASSOCIATES, INC. TARA KLEIN cc: Pat Gibney- Craven Thompson & Associates • CTA Project No.03.0077• • Septernber 12,2006 City of Dania Beach, City Hall 100 West Dania Beach Boulevard • Dania Beach, FL 33004 7 RE: BROWARD COUNTY WATER & WASTE WATER SERVICES PUMP STATION 310- RELOCATION Criteria Statement CTA Project No. 03-0077 4 A. Rezoning request from C-2 to IROM Existing to be Rezoned: C-2 (Commercial 2) Proposed Zoning: IROM (Industrial- Research Office Marine District) ADJACENT PARCELS: ZONING DESIGNATION AND LAND USE Zoning Land Use North C-2 Vacant East IROM Vacant South C-2 Restaurant West C-2 Parking Lot • The current property is identified as C-2 but has a land use designation of Industrial. It is CTA's opinion that the proposed rezoning is compatible with all the adjacent property, with the addition of the proposed landscape mitigation measures. Objective XXIV: Develop and implement land use programs to encourage land uses programs to encourage the elimination or reduction of existing incompatible land uses and prevent incompatible land uses. Policy 24.1: Dania Beach shall minimize the impacts of the existing incompatible land uses through requirements within their land development codes and regulations, such as buffering and setbacks The proposed development is a small building with 74 percent open space. It is our opinion that this intensity does not adversely affect the adjacent and surrounding land uses and more so clean up this existing vacant lot to give some aesthetic quality to the area. The applicant will ensure a restriction on light pole heights and light levels and follow all landscape codes. CRITERIA 1. The use is permitted as a special exception use as set forth in the Schedule of Use Regulations,City of Dania Beach,in article 4 hereof. • The special exception uses states "water or sanitary sewer treatment facilities, when located at least five hundred (500) feet from any property with a 'residential' land use plan desienation" is permitted in the schedule of regulations. CTA Project No.03-00770 0 September 12,2006 2. That the use will not cause a detrimental impact to the value of existing contiguous uses,to uses in the general area and to the zoning district where it is to be located. It is CTA's opinion that the use will be compatible with uses to the east, west, north, and south. CTA feels as though the proposed plan to this property will help improve the look of the area and help clean up what is currently an overgrown vacant lot. The following mitigation measures are proposed: a. A 15'Landscape buffer will be provided, with trees and a hedge on the east side of the property to help dress up Ravenswood Road. b. A 10' Landscape buffer will surround the south and west sides of the property to allow screening and canopy for the parking lot on the west and for SW 42nd Court which works also as an entrance to the restaurant on the south side of the road. d. Light levels will not exceed .5 foot candles at the southern property line and light pole heights are restricted to 20' height. 3. That the use will be compatible with the existing uses on contiguous property, with uses in the general area and the zoning district where the use is to be located and compatible with the general character of the area, considering population density, design, scale and orientation of structures to the area, property values and existing similar uses or zoning. The use is passive so there will be no disturbances to the existing area. The only thing this will be changing is the look of the area and cleaning it up. We believe the proposed use is • compatible with the general character of the area. It is our belief that the proposed mitigation measures will negate any loss of property value and character conflicts. 4. That adequate landscaping and screening are provided as required in this chapter. The proposed Landscape screening is in accordance with the Landscape code requirements. 5. That adequate parking and loading is provided and ingress and egress is so designed as to cause minimum interference with traffic on abutting streets. The proposed Site Plan allows for one entry off SW 42"d Court. Ingress and egress can commence without disrupting existing traffic. 6. That the use will be consistent with the existing Comprehensive Plan. The Land Use is deemed Industrial and the Zoning is designated commercial so to change it to Industrial will be consistent with the comprehensive plan. 7. That the use will not have a detrimental environmental impact upon contiguous properties and upon properties located in the general area or an environmental i,i;pact inconsistent with the health, safety and welfare of the community. Environmental mitigation is proposed for the site. These measures include: • a. Landscape buffers provided on all sides: Fast: 15' Landscape Buffer provided West: 10' Landscape Buffer provided South: 10' Landscape Buffer provided CTA Project No.03-0077 • • September 12 2006 North: none - where Site abuts a vacant lot The-East side- although only 10' .is required because-it abuts • Ravenswood Road we have added in an extra 5'. b. There is no noise pollution that will be created by this site. C. No Fumes, odors and vibrations are anticipated. d. Light poles will not exceed 20' height. Light levels will not exceed .5 foot candles. S. That the use will not have a detrimental effect on vehicular or pedestrian traffic, or parking conditions, and will not result in the generation or creation of traffic inconsistent with the health,safety and welfare or the community. We do not believe the traffic that the proposed use is projected to generate will not adversely affect existing traffic flows. All parking occurs on site and no off site parking is allowed or will be needed. 9. That the use will not utilize turning movements in relation to its access to public roads or intersections, or its location in relation to other structures or proposed structures on or near the site that would be hazardous or a nuisance. The use will utilize normal ingress and egress turning movements. No hazardous or nuisance maneuvers are anticipated. There are no structures or proposed structures that • turning maneuvers will affect. 10. That the use will not have a detrimental effect on the future development of contiguous properties or the general area, according to the Comprehensive Plan. It is our opinion that the proposed mitigation measures minimize any impact on the value of existing contiguous uses and if anything improves current conditions. 11. That the use will not result in the creation of incompatible noise, lights, vibrations, fumes, odors, dust or physical activities, taking into account existing uses,uses located on contiguous properties, uses in the general area and the zoning in the vicinity due to its nature, duration, direction or character. We believe that the proposed use will not produce the above mentioned environmental effects. The proposed environmental mitigation measures are as follows: a. a Visual Landscape Barrier. b. No noise pollution. C. No Fumes, odors and vibrations are anticipated. d. Light poles will not exceed 20' height. Light levels will not exceed .5 foot • candles. 12. That the use will not overburden existing public services and facilities. September12,2006 It is our opinion that the proposed use has very little impact on existing public services and facilities. • 13. The use will be sufficiently accessible to permit entry onto the property by fire, police, rescue and other essential public services. A dedicated utility and emergency access is provided to sufficiently allow access onto the property by fire,police, rescue and FPL service vehicles. 14. That the use will be consistent with the definition of a special exception and will meet the standards and criteria of the zoning classification in which such use is proposed to be located, and all other requirements for such particular use set forth elsewhere in the zoning code,or otherwise adopted by the city commission. The applicant has reviewed all criteria necessary for the approval of the rezoning of the property in the City of Dania Beach and we feel we have met criteria of the zoning classification. In our opinion we have met all other requirements for such particular use set forth elsewhere in the zoning code. Sincerely, b01 �% vv • CRAVEN THOMPSON & ASSOCIATES, INC. Tara Klein Assistant Landscape Architect cc: Joe Handley Pat Gibney • February 16, 2007 !Department �� ���Mr. Sean BrownEg 2 1 1�01Fire Marshal lanningCity of Dania Beach 100 West Dania Beach Blvd. Dania Beach, FL 33004 RE: PUMP STATION #310: SITE PLAN REVIEW COMMENTS CITY PROJECT NO. SP-68-06 CT&A PROJECT NO. 03-0077 Dear Mr. Brown: CRMEN 1HOMPSON Please find the following responses to your comments: Comment No. 1: APPROVED WATER SUPPLY An approved water supply capable of supplying the required fire flow for fire protection shall be provided to all premises upon which facibues, buildings, or portions of buildings are hereafter constructed or moved into the jurisdiction. f1:18.3.1*J (See NFPA 1141 as a reference for additional &ASSOCIATES INC water supply and fire flow information - for minimum number of required hydrants and distribution) SUPPLY ngineers (See NFPA 13, Chapter 15, Section A.15.2.1 & Handbook) Planners Surveyors Provide a Fire Flow Test to be witnessed by the Fire Prevention Bureau to determine adequate water supply. This must be scheduled through the Fire Prevention Bureau (954) 924-3656. Response: See attached Hydrant Flow and Pressure Test Results from Broward County Water and Wastewater Services. Comment No. 2: FIRE FLOW CALCULATIONS Provide Fire Flow Calculations prepared by a professional engineer currently licensed in the state of Florida for each newly constructed building in excess of 5,000 square feet in size. All calculations must be in accordance with NFPA 1 (2003 Ed.), Annex H - Fire Flow Requirements for Buildings. Response: See attached Fire Flow calculations. Comment No. 3: AHJ requires Knox entry system for the gates - obtain application from Fire Prevention Bureau. "563 N.w. 53rd street Response: See the note added to this effect on sheet C-1. on Lauderdale, FL 33309-6311 (954)739-6400 Fax (9541 739-6409 !'Jest Falm Rsa�h Mr. Sean Brown CT&A Project No. 03-0077 February 16, 2007 • Page 2 Comment No. 4: Identify the size of the existing water main adjacent to the property. Response: The existing water main is 12-inch size. The call out on sheet C-1 is revised to identify the size of the water main. Comment No. S: Identify the locations of the two closest fire hydrants. Response: Two Existing Fire Hydrant locations are identified on the Fire Hydrant Location map added to sheet C-1. Should you require any additional information regarding this matter, do not hesitate to contact this office. Sincerely, CRAVEN THOMPSON & ASSOCIATES, INC. PHILIP JOSEPH, P.E. • Senior Engineer PJ/tg Enclosures cc: Mike Wengrenivich / Hazen& Sawyer Patrick Gibney / CTA • C IANEN 1HO:APSON &ASSOCIATES INC. • Fire Flow Calculations Gyp ' s Fire Flow Requirement Building area = 1890 sq.ft. Construction type= II(000) I Minimum Required Fire Flow = 1500 gpm (Per Table H.5.1 of NFPA 1, 2003 Ed.) p Fire Flow Test Static Pressure, Ps= 62.369 psi Residual pressure, Pr= 53.211 psi Flow, Q= 726.2 gpm Available Fire flow, FF=Q((Ps-20)/(Ps-Pr))AO.54 = 1660.695 gpm • • NOV-22-2006 05:00P FROM:BROWRRD COU"'Y 9548310820 TO:9r -17396409 P. 1 HYDRANT FLOW AND PRESSURE TEST RESULTS WORK ORDER# 427696 DATE1112V96. CUSTOMER NAME : CRAVEN THOMPSON PHONE# 954 739 6400 LOCATION : Ravenswood Rd& SW 42 St HYDRANT # 1 : PHR 30603901 HYDRANT#2 : PHR 30602901 HYDRANT# 1 DATE TME, PRESSURE STATIC 11/21/06 11:06:48 AM 62.369 PSI RESIDUAL 11/21/06 11:11:58 AM 53.211 PSI • HYDRANT # 2 DATE TIIvfE G.P.M. FLOW 11/21/06 11:11:58 AM 726.2 Flow calculated with a discharge coefficient of.90 EQUIPMENT USED : TELOGER model HPR-31 SN# 1403 TELOGER model HPR-31 SN# 1499 POLLARD DIFFUSER 2.5 in • NOO-22-2006 05:00P FROM:BROWRRD COV -v 9548310820 TO:9F 7396409 PA • PSI vs. Time (1499 Ch1) I I I I I I I I I I I I I , I I I I I I I I I I I I I , , I I , � I I I I , I , I I , 1 I I I I I I 1 1 � I , � I , � � I I I I I � 1 I I I I 40.0 ------------------+------ i---- ---------------------------------4 --------------------- � I � I I I I I � 1 1 I I I I I , I I 1 I I I I I I 1 I , , I I 1 I I I I 1 I I I I 1 I � i , I � 1 I 1 I I I I I I I i I I 1 I , 1 I I I � , � 1 1 1 i I � I , 11:00:00 AM 11:10:00 AM 11:20:00 AM 11:30:00 AM 11121/C6 110106 11/21/06 11121 M • IlC'.'-22-2006 05:00P FROM:BRCWARD COL" '-Y 9548310820 TC:9� 17396409 P.2 • PSI vs. Time (1499 Ch1) I " � 1 I I I � I I � I I I 1 I I ' I I I I 1 I I ' -t----- I I I I � I 1 I I I � I I 1 I I I 1 I I I I I I I I I I I I I I I I � I I I I I I I I I I I II J- -4 I 1 I I I I 1 � I • I I 1 I I I I ' I I ' I I I I I " I I " 1 I � I I I I I I I I I I 1 1 I I I I I I I I � --------------------- I I I � I I I I I , I I 1 I I I I I I I 1 , 1 I I I I , I I , I I , I I , 1 , I I I I I , I I I I I I I I 1 I " I I 0.0 - 1_ ____-_- 1 1 I I I 12:00:00 PM 12:00:00 AM 12:00:00 PM 11121 i06 11/22/06 11/22/06 • NOV-22-2006 05:01P FROM:BROWRRD COL"Y 9548310820 TO:T '7396409 F.6 Hydrant Flow (gpm) vs. Time (1403 Chi) 800.0 600.0 400.0 �— — — - - 1 - -1 — 1 —�- - - • 200.0 0.0 - 11:08:00 AM 11:10:00 AM 11:12:00 AM 11:14:00 AM 11:16 11/21M 11121M 11121M 1101106 11 • t IL2,1-22-2006 05:00P FROM:BROWRRD COU" 'Y 9548310820 TO:99 47396409 P.3 Telogers for Windows 2.6.4 printed thls table on 11/22/06 2:28:00 PM Page 1 �nel Plot 1: Time 1499 Oil Avg 5167 11/21/06 11:06:12 AM 63.004 5168 11/21/06 11:06:14 AM 62.418 5169 11/21/06 11:06:16 AM 62.027 5170 11121/06 11:06:18 AM 61.807 5171 11/21/06 11:06:20 AM 61.758 5172 11/21/0611:06:22 AM 61.954 5173 11/21/06 11;06:24 AM 62.1 5174 11/21/06 11:06:26 AM 62.564 5175 11/21/06 11:06:28 AM 63.126 5176 11121/0611:06:30 AM 63.004 5177 11/21/06 11:06:32 AM 63.15 5178 11/21/06 11:06:34 AM 63.297 5179 11/21106 11:06:36 AM 63.101 5180 11/21/06 11:06:38 AM 62.882 5181 11/21106 11:06:40 AM 63.443 5102 11/21/06 11:06:42 AM 63.81 5183 11/21/06 11:06:44 AM 63.541 5184 11/21106 11:06:46 AM 63.004 5185 11/21106 11:06:48 AM 62.369 5186 11/2110611:06:50 AM 61.612 5187 11/21/06 11:06:52 AM 61.245 5188 11/21/06 11*06:54 AM 61.929 189 11/21/06 11:06:56 AM 63.126 190 11/21/06 11:06:58 AM 63.834 5191 11/21/06 11:07:00 AM 63.346 ! 5192 11/21/06 11:07:02 AM 62.711 5193 11/21/06 11:07:04 AM 62.393 5194 11/21/06 11:07:06 AM 62.076 5195 11/21/06 11:07:08 AM 62.222 5196 11/21/0611:07:10 AM 62.979 5197 11/21/06 11:07:12 AM 63.321 5198 11/21/06 11:07:14 AM 63.736 5199 11/21/06 11:07:16 AM 64.127 5200 11/21/06 11:07:18 AM 64.322 5201 11/21/06 11:07:20 AM 64.225 5202 11/21/06 11:07:22 AM 64.274 5203 11/21106 11:07:24 AM 62.93 5204 11/21/06 11:07:26 AM 62.222 • iuO-22-2006 05:01P FROM:BROWARD COl"'TY 9549310920 TO:9�-47396409 P.5 Telogers for Windows 2.6.4 printed us table on 11/22/06 2:29:07 PM Page 1 •nnel Plot 1: Time 1499 Chl Avg 5315 11/21106 11:11:08 AM 52.137 5315 11/21/06 11:11:10 AM 52.332 5317 11/21/06 11:11:12 AM 52.772 5318 11/21/06 11:11:14 AM 53.333 5319 11121/06 11:11:16 AM 53.919 5320 11/21/06 11:11:18 AM 54.09 5321 11/21106 11:11:20 AM 53.993 5322 11/21/06 11:11:22 AM 53.871 5323 11/21/06 11:11:24 AM 53.7 5324 11/21106 11:11:26 AM 53.846 5325 11/21106 11:11:28 AM 54.066 5326 11/21/06 11:11:30 AM 54.042 5327 11/21/06 11:11:32 AM 54.017 5328 11/21/06 11:11:34 AM 54.383 5329 11/21106 11:11:36 AM 54.725 5330 11/21/06 11:11:38 AM 54.53 5331 11/21/06 11:11:40 AM 54.457 5332 11/21/0611:11:42 AM 54.359 5333 11/21/06 11:11:44 AM 53.846 5334 11/21/06 11:11:46 AM 53.431 5335 11/21/06 11:11:48 AM 53.651 i 336 11/21106 11:11:50 AM 53.651 337 1t/21/06 11:11:52 AM 53.309 338 11/21/06 11:11:54 AM 52.943 5339 11/21/06 11:11:56 AM 53.089 5340 11/21/06 11:11:58 AM 53.211 5341 11/21/06 11:12:00 AM 53.651 5342 11/21/06 11:12:02 AM 53.993 5343 11/21/06 11:12:04 AM 54.017 5344 11/21/06 11:12:06 AM 53.919 5345 11/21/06 11:12:08 AM 53.431 5346 11/21/06 11:12:10 AM 52.747 5347 11/21/06 11:12:12 AM 52.527 5348 11/21/06 11:12:14 AM 52.674 5349 11/21/06 11:12:16 AM 52.527 5350 11/21/06 11:12:18 AM 52.576 5351 11/21/06 11:12:20 AM 53.211 5352 11/21/06 11:12:22 AM 53.553 • Hd V-22-2006 05:01P FROM:BROWRRD C01"'TY 954831082O TO:9"-47396409 P.7 Telogers for Windows 2.6.4 printed INS table on 11/22/06 2:21:19 PM Page 1 annel Plot 1: Time 1403 Uri Flow Pate1403 Chi TOW 5252 11/21/06 11:11:08 AM 708.5 5,826.7 5253 11/21/06 11:11:10 AM 756.8 5,851.9 5254 11/21/06 11:11:12 AM 745.3 5,876.8 5255 11/21/06 11:11:14 AM 727.1 5,901.0 5256 11/21/06 11:11:16 AM 710.9 5,924.7 5257 11/21/06 11:11:18 AM 626.6 5,945.3 $258 11/21/06 It:11:20 AM 699.2 5,968.6 5259 11/21/06 11:11:22 AM 727.6 5,992.8 5260 11/21/06 11:11:24 AM 562.8 6,014.9 5261 11/21/06 11:11:26 AM 666.4 6,037.1 5262 11/21/06 11:11:28 AM 704.1 6,060.6 5263 11121/06 11:11:30 AM 721.9 6,084.7 5264 11/21/06 11:11:32 AM 744.4 6,109.5 5265 11/21/06 11:11:34 AM 679.2 6,132.1 5266 11/21106 11:11:36 AM 705.0 6,155.6 5267 11/21/06 11:11:38 AM 668.0 6,177.9 5268 11/21/06 11:11:40 AM 737.9 6,202.5 5269 11/21/06 11:11:42 AM 693.2 6,225.6 5270 11/21/06 11:11:44 AM 694.7 6,248.7 5271 11/21/06 11:11:46 AM 692.8 6,271.8 5272 11/21/06 11:11:48 AM 808.2 6,298.8 5273 11/21/06 11.11:50 AM 634.7 6,319.9 5274 11/21/06 11:11:52 AM 704.1 6,343.4 275 11/21/06 21:11:54 AM 609.9 6,363.7 5276 11/21/06 11:11:56 AM 769.8 6,389.4 5277 11/21/06 11:11:50 AM 726.2 6,413.6 5278 11/21/06 11:12:00 AM 683.3 6,436.4 5279 11/21/06 11:12:02 AM 622.7 6,457.1 5280 11/21/06 11:12:04 AM 666.4 6,479.3 5281 11/21/06 it:12:06 AM 672.1 6,501.7 5282 11/21/06 11:12:08 AM 730.4 6,526.1 5283 11/21/06 11:12:10 AM 733.3 6,550.5 5284 11/21/06 11:12:12 AM 702.6 6,574.0 5285 11/21/06 11:12:14 AM 679.7 6,596.6 5286 11/21/06 11:12:16 AM 636.9 6,617.8 5287 11/21/06 11:12:18 AM 611.6 6,638.2 5288 11/21/06 11:12:20 AM 751.8 6,663.3 5289 11/21/06 11:12:22 AM 709.4 6,686.9 • February 16, 2007 MDepartment Mr. Dominic F. Orlando, P.E.Director of Public Services City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, FL 33004 RE: PUMP STATION#310 SITE PLAN REVIEW NO. 1 COMMENTS CITY PROJECT NO. SP-68-06 CGA PROJECT NO. 97-1826.51 CT&A PROJECT NO. 03-0077-001-02 CRRJEN 1HOMPSON Dear Mr. Orlando: The following are the responses to the comments by the Fire Marshal and Public Services regarding the Site Plan for Pump Station#310: 7&0T Responses to Public Services Comments Comment: Provide Existing water main size on Ravenswood Road. &ASSOCIATES INC Response: Water main size (12") has been added on sheet C-1. Ogineers Planners Comment: Indicate bacteriological sampling point location. Surveyors Response: The indicated water connection is only a 2-inch water service connection to the building which doesn't need a bacteriological sampling point. If the Health Department requires a Sample Point it will be provided during the permit process. Comment: Show off-site connections for the proposed pump station. Response: Off-site connections shown schematically on sheet C-1. The force main is being designed and permitted under a separate contract with Broward County. The final design of the force main will be submitted to the City for review in the near future. Comment: Indicate size of tapping sleeve and tapping valve. Response: A 2" double strap service saddle and corp. stop is proposed for the water service. See the revised Preliminary Engineering Plan. WP N.W. 53rd Street W95rt Lauderdale, FL 33309-6311 4)739-6400 Fax(954)739-6109 West Palm Beach Mr. Dominic F. Orlando, P.E. CT&A Project No. 03-0077-001-02 February 16, 2007 • Page 2 Comment• Add one additional valve at tapping valve. Response: There are no tapping sleeves and valves proposed for the PS 310 Site Improvements. As stated above, the force main is being designed under a separate contract and will be submitted to the City for review in the near future. Comment: Add HRS water notes and water details. Response: Notes and Details will be added when final engineering plans are submitted for Building Department Permit. Comment: Show or indicate check valves in force main to prevent grinder pump from pumping back into the building. Response: The grinder pump discharge is connected to the suction side of the booster pumps for re-pumping. Check valves will be provided on the discharge side of grinder pumps to prevent backflow into the wet well. The details will be shown when final on-site engineering plans are submitted for a Building Department Permit. Comment: Show pump station details, controls flows and calculations. . Response: All details will be provided on the final on-site engineering pans. Comment: Need drainage and pre/post calculations. Response: See attached drainage calculations showing the proposed conditions. The site is designed to retain the 25 year 3 days storm event on-site. Comment. Need elevation certificate with RR = 7.25 ft. Response: The proposed finish floor elevation has been revised to 8.00 NGVD. Comment: Show fire hydrant coverage per code and Fire Marshal's requirements. Response: See Fire Hydrant Location Map on sheet C-1. Comment. Show pipe locations on Section C-C. Response: See revised Section C-C on Sheet C-1. Comment Show hose bibb at grinder pump. Response: A Hose bibb has been provided near grinder pump station on the north wall of the building. See sheet A-1. Comment: Show electric service to building. CRANEN 1HOMPSON &ASSOCIATES INC. Mr. Dominic F. Orlando, P.E. CT&A Project No. 03-0077-001-02 February 16, 2007 • Page 3 Response: The FPL pad has been added to the Preliminary Engineering Plans. Comment: Detaii of tap to existing force main. Response: As discussed previously, the proposed force main work will be submitted to the City for review in the near future. Comment: Are p/ans for Office of Environmental services, which may not exist no w? Response: References to Office of Environmental Services are changed to "Water and Wastewater Services." A knox box will be provided at the gate for emergency access. The gates will be manually operated and all requirements of the Bureau of Fire Prevention's letter under the transmittal dated 12/21/06 will be conformed to. Should you require any additional information regarding this matter, do not hesitate to contact this office. Sincerely, • CRAVEN THOMPSON & ASSOCIATES, INC. PHILIP JOSEPH, P.E. Senior Engineer PJ/tg Enclosures cc: Mike Wengrenivich / Hazen & Sawyer Patrick Gibney / CTA • CRMEN 1HC $4PSON &ASSOCIKES INC, CITY OF DANIA BEACH Agenda Item # / Agenda Request Database Date of Commission Meeting: 6/12/2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: Dept: Acct M Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ VA-25-07: The applicant, Craven Thompson &Associates, representing Stephen St. Clair of"Dania Beach Outdoor Storage", is requesting a variance to allow the installation of 12"of barb wire on top of an existing eight (8)foot fence & wall located at 375 NW 9th Avenue Staff Report Application Public Hearing Notice Location Map Mailing List Eixhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by Laurence Leeds Date Department Director Laurence Leeds Date HR Director Date Finance Director Date City Attomey Date City Manager Date Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ CITY OF DANIA BEXCH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: June 12, 2007 TO: Ivan Pato, City Manager VIA: Laurence Leeds, AICP, Director C G�_- FROM: Corinne Lajoie, AICP, Principal Planner Cc� SUBJECT: VA-25-07: The applicant, Craven Thompson & Associates, representing Stephen St. Clair of "Dania Beach Outdoor Storage", is requesting a variance to allow the installation of 12" of barb wire on top of an existing eight (8) foot fence & wall located at 375 NW 9tn Avenue PROPERTY INFORMATION ZONING: Commercial (C-3) LAND USE DESIGNATION: Commercial The subject property is located under the FPL power lines and south of the Competition Cycle building located on Old Griffin Road. On November 23, 2004 the City Commission conditionally approved the site plan and variance for a paved outdoor vehicle storage area with an 8' wall on the west and south property line and an 8' fence along the north and east property lines. The applicant is requesting 3 strands of barbed wired, equaling 12 inches, on top of the existing 8 foot wall and fence currently surrounding the property. The applicant indicates the tenant, South Florida Auto Terminal, has been granted Foreign Trade Zone status for the property. The applicant says U.S. Border Protection requires the installation of barbed wire for outdoor vehicle storage security (see attached letter from Port Everglades). PLANNING AND ZONING BOARD RECOMMENDATION Approval, subject to applicant providing a letter from the US Border Protection stating barbed wire is necessary. The applicant has submitted a letter from Port Everglades regarding Foreign Trade Zone security requirements. This letter has been transmitted to the City Attorney for confirmation that it complies with the Planning and Zoning Board approval condition. RESOLUTION NO. 2007-106 A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY MARK KIESER, LANDSCAPE ARCHITECT WITH CRAVEN THOMPSON&ASSOCIATES REPRESENTING STEPHEN ST. CLAIR, PROPERTY OWNER OF "DANIA BEACH OUTDOOR STORAGE", FROM CHAPTER 28, "ZONING", ARTICLE 5.60, "WALLS, HEDGES AND FENCES", FOR PROPERTY LOCATED AT 375 NW 9T" AVENUE, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Dania Beach Code of Ordinances,Chapter 28,"Zoning",Article 5.60,sets the regulations for walls, fences and hedges in the City of Dania Beach; and WHEREAS, Mark Kieser, landscape architect with Craven Thompson & Associates representing Stephen St. Clair property owner of"Dania Beach Outdoor Storage"has applied for a variance(VA-25-07)to allow for the installation of 12"of barbed wire on top of an existing eight(8) foot fence, for property located at 375 NW 91h Avenue, Dania Beach; and WHEREAS, the Planning & Zoning Board on May 16, 2007, recommended that the City Commission grant variance request VA-25-07, based upon the criteria set forth in section 10.13 of Article 10, of Chapter 28, "Zoning", 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-25-07,for a variance as described above from requirements in Chapter 28, "Zoning", Article 5.60, "Walls, Fences and Hedges", of the City of Dania Beach Code of Ordinances, a copy of which application is attached and made a part of this Resolution as Exhibit"A", is approved with the following condition: 1) subject to applicant providing a letter from the US Border Protection stating barbed wire is necessary. 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. BOB ANTON MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2007-106 • — 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 ❑ Rezoning Date Rec'd: 01 ❑ Site Plan APR 2 6 2007 ❑ Special Exception Petition ❑ Special Request ❑ Trafficway Waiver i f� Variance `)°`a'11 ❑ 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 fad 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: N/A Lot(s): N/A Block: N/A Subdivision: N/A Recorded Plat Name: N/A Folio Number(s): 5042 3400 0220 Legal Description: See Exhibit 'A' Applicant/Consultant/Legal Representative (circle one) Mark Kieser Address of Applicant: 3563 N.W. 53rd Street, Fort Lauderdale, Florida 33309 Business Telephone: (954) 739-6400 Home: N/A Fax: (954) 739-6409 Name of Property Owner: Dania Beach Outdoor Storage, Inc. Address of Property Owner: 901 Old Griffin Road, Dania Beach, Florida 33004 Business Telephone: (954) 920-7275 Home: N/A Fax: (954) 925-2148 Explanation of Request: Variance Request for a 3-Strand Barbed Wire Fence added to the Wall and Perimeter Fence Prop. Net Acreage: +/-5.7 Ac. Gross Acreage: +/- 5.7 Ac.prop. Square Footage: 246,615 Sq. Ft. • Existing Use: Outdoor Storage Proposed Use: Outdoor Storage 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 or City Commission approval, pursuant to Ordinance No. 2005-040.a --"Appllcifi*/OvKer signature Print Name Date APPLICANT, CONSULTANT,OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Corsuitar*/Representattve: This day of I� OT 201 ' Signature: Date: G �� M rU � Sigl Name of tary Public (Print Name) State of( �o• ��``� ) -Ov&o '(JL)J 5;moo fr tAkPffIDAtevz_ Print Name of N tary II / Street Address,City, State and Zip Code Columission eOres: o i eit4 II*' 6g0Co 2i25.04 cIHc iOMBAmYTNO�tAB Telephone No. &Fax No. MY COMMISSION 1 DD.2008 EXPIRES:SepNmber S.YOOB krWW TMv Mowry PEk WtlIMw • INDMDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple owner of subject lands described above and that I have authorized (Applicant/Corsult3riUPepresentative) to make and file the aforesaid application. Sworn to and subscribed before me Owner: This_—day of_ __ .. _20_ Signature: Date:, S n Name rAotary Public (Print Name) fate of( ) Print Name of Notary Street Address,City, State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. IOMBERLYMIMS • 1 MYCOMMIS D3538r3 EXPIRES:SWept$ftemberEOOB da m emu noon PuElc urar4m+rn«. 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/Coris<ltwWRepresentative) to make and file the aforesaid application. Sworn to and subscribed before me Corporation Name: DpwlA a�cH CLL ICMk s�reAcr� This b day of Agr,I zoos Signature:Z �—� Date: A-A, 6.,1 -F O 7 STi JE 1lT c(dxlP— (Print Name) i n Name o Notary Public (Print Title) State Of( C r�•;A 5 ) _}/ . ."6, -1 go I o o�S-jQn " 26AQ 0414A FL Print Name of/Notary Street Address,City, State and Zip Code 33' Commission Expires: �� 9: 4 QZa-7274- W `T,�7q- 925—ZICyB F Seal: Telephone No. &Fax No. tNK:"h IOMBERLYDOW MY COMMISSION t DD 353673 3OJ LARIZED SIGNATURE: This is to certify that the below referenced that the duly authorized persons are the owners of subject lands described above and that all partners have authorized (Applicant/ConsUtantiRepresentathre) to make and file the aforesaid application. Sworn to and subscribed before me This_day of , 20_ Signature: _— Date: (Print Name)** �9n Name of-Jotary Public ,btate of( ) Print Name of Notary Street Address,City, State and ZIP Code Commission Expires: Seal: Telephone No. &Fax No. **Each partner must sign. Attach duplicate sheets as required. April 24, 2007 Mr. Corinne Lajoie City of Dania Beach, City Hall ' "'� t 100 West Dania Beach Boulevard Dania Beach, FL 33004 APR 2 6 Nu RE: DANIA BEACH OUTDOOR STORAGE w Criteria Statement Pa : i,fl 1 CTA Project No. 07-0051 Dear Ms. Lajoie: The Dania Beach Outdoor Storage facility was recently completed and is being leased out by Dania Beach Outdoor Storage Inc. to the South Florida Auto Terminal. South Florida Auto Terminal currently has a 10 acre facility in Port Everglades, which has been granted Foreign Trade Zone status by US Customs CRPNEN 1ROMPSON and Border Protection. South Florida Auto Terminal intends to do the same with the Dania Beach Outdoor Storage Facility. In order to do so, USCBP (US Customs and Border Protection) requires that they install an additional 3-strand barb wire at a 451 angle facing out wards to the top of all the fences and walls, cir with a 3-strand barb wire spaced vertically on all gates. The applicant seeks a variance relating to the wall. The applicant request the addition of a 3 strand barb wire at a 45' angle facing out wards. The applicant &ASSOCIATES INC also requests that a 3 strand barb wire at a 451 angle facing out wards be added to the top of all the fences, with a 3-strand barb wire spaced vertically on all gates. egineers Planners Surveyors VARIANCE REQUEST 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; Dania Beach Outdoor Storage Inc. intends to lease out the property for a use that requires USCBP(US Customs and Border Protection) approval. This is a special condition that is not necessarily applicable to other lands, structures or buildings in the same zoning district. b) That the special conditions and circumstances do not result from the actions of the applicant. It is the applicant's opinion that the conditions and circumstances do not result from his actions, rather it results from his right to make a reasonable use of his 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. 563 N.W. 53rd Street g g rt Lauderdale, FL 33309-6311 sa)739-640o The granting of this variance will not confer on the applicant any special Fax(954)739-6409 privilege that is denied by this chapter to other lands, buildings or structures West Palm Beach in this same zoning district. Corine Lajoie CT&A Project No.07-051 April 26,2007 Page 2 of 2 • d) That 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. It is the applicant's opinion that 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. e) That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. The requested additional 3-strand barbed wire fencing is the minimum that is required by US Customs and Border Protection I) 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. It is the applicant's opinion the requested variance will be in harmony with the general intent and purpose, and that such variance will not be injurious to the area, rather to conform to the US Customs and Border Protection's regulations, that are set in place to protect public welfare. . Sincerely, CRAVEN THOMPSON & ASSOCIATES,INC. 1-Ifff I'll, -- MARK KIESER Assistant Landscape Architect cc: Joe Handley • CRAVEN 1HOMPSON &ASSOCIATES INC. VA-25-07 NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission, on Tuesday, June 12, 2007, at 7:00 p.m., or as soon thereafter as possible in the Dania Beach City Commission Room, Administrative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing any comments which might be made to the following request: VA-25-07 — Variance request by applicant Mark Kieser, Landscape Architect with Craven Thompson & Associates representing Stephen St. Clair property owner of"Dania Beach Outdoor Storage", to allow the installation of 12" of barb wire on top of an existing eight (8) foot fence and wall. Property is located at 375 NW 9`h Avenue, Dania Beach. (Chapter 28, Zoning, Article 5.36 Walls, Fences and Hedges allow a maximum 6' wall or fence.) Legally described as: A portion of the West 3/4 of the North 1/2 of the Southwest 1/4 of the Northwest 1/4 of Section 34, Township 50 South, Range 42 East, in Broward County, Florida, and more particularly described as follows: COMMENCE at a point on the East line of the West 3/4 of the Southeast 1/4 of the Northeast 1/4 of Section 33, said point being the Northeast corner of Block 1, Sun Gardens First Addition, as recorded in Plat Book 30, Page 21, of the Public Records of Broward County, Florida; THENCE run Northerly along the East line of said West 3/4 of the Southeast 1/4, of the Northeast 1/4 of Section 33, North 00 deg 01 min 40 sec, a distance of 3.00 feet; THENCE run Easterly, North 88 deg 58 min 29 sec East a distance of approximately 336.26 feet to a point on the West line of Section 34, Township 50 South, Range 42 East and the POINT of BEGINNING; THENCE North 00 deg 04 min 46 sec East along said West line a distance of 260.05 feet to the Southwest corner of Griffin Commercial Plat as recorded in Plat Book 102, Page 28 of the Public Records of Broward County, Florida; THENCE North 88 deg 58 min 10 sec East along South Line of Said Griffin Commercial Plat a distance of 551.51 feet to the Northwest corner of parcel as recorded in Official Records Book 31316, Page 1024 of the Public Records of Broward County, Florida; THENCE South 00 deg 13 min 19 sec West to the Southwest corner of parcel in said Official Records Book 31316, Page 1024 a distance of 30.01 feet; THENCE North 88 deg 58 min 10 sec East to a point on the East line of said West 3/4 of the North 1/2 of the Northwest 1/4 of Section 34, Township 50 South, Range 42 East said point also being the Southeast corner of said Official records book 31316, Page 1024 a distance of 450.11 feet; THENCE South 00 deg 13 min 19 sec West along said East line a distance of 230.05 feet; THENCE South 88 deg 58 min 10 sec West a distance of 1000.97 feet to the POINT OF BEGINNING. Said lands lying and being in City of Dania, Broward County, Florida. Containing 5.7 acres +/-. Copies of the proposed request is 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 the City Clerk, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-3623, 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 Mailed on: June 1, 2007 a w RS-6000 z g^ Nw TTH sr DANIA CUTOFF CANAL - OLD GRIFFIN RD --- -- __ - THIss - _ C-4 C-3 3RD C-4 .NK' PL- - i [ROM 7' NW3RDTER f RM m - NW 3RD ST _._ -- - - - - CITY OF DANIA BEACH -_ VA-25-07 3 OS z z z L RD-8000 , j z t= O) U O 0 O N rAt N - N O /I V C J j O ClCl) M V N'N M W to M N N V O N t(j M O lf) to (D OO O'U O7nOn MN nMMn r O (D OnQ W nn O Cl) N N N N N N N O N M th N N N 0 0 N V N N N CO L V V V V V V V V V V V V V J V V V V V V V V V M V V V V V U O O O O O O O O O 0 O O Co O LL 0 0 0 0 0 0 0 00 O M O O O N O (0 N 0C) M M M M M M M M M M M M m W m M m M m 0 (`O") O M LL M N 0 0 0 0 0 m M M M co co co (o Cl) M co Cl) Cl) M M J M M M Cl) Cl) Cl) Cl) M M S M (� M M M M M D J J J J J J J J J J J J J J Q J —i J J _I J _I J J (� J Z J J J J J 'C LLLLLLLLLLLLLLLLLL Lt. 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N N N N " N N N 0 0 0 0 0 0 0 � � 0 Co 10 0 m m lL O O O O O O O O O O O O O O O O O O O o 0 0 0 0 0 Q 0 0 0 0 0 0 0 i i i t t i i t i i i i t i i i ME L 000 (O (O00 (O (0000000v V V V V V V V V OOOON NN U 0 C N N N N N N N to 'C U O O O � q � � � g 0 0 0 0 0 0 . � � � � � � � t � � tC 0 y M M M M M M M M M V V V V V �{ V V V V V V V V V V V V V V V V V to O m M m co M co m m co C) M M M M M chi CM M M M M M M M MC.) (h C? M M M M M C tp N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N <- Z�o N a O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O m U � p Q to to to to to to to to to to to to to v) to to to to to to to to to to to to to to to to to to to M SUN - SENTINEL PUBLISHED DAILY FORT LAUDERDALE, BROWARD COUNTY, FLORIDA BOCA RATON, PALM BEACH COUNTY, FLORIDA MIAMI, MIAMI-DADE COUNTY, FLORIDA MOM OF KMX HEAMW STATE OF FLORIDA CITY OF DANIA BEACH COUNTY—OF BROWARD/P LM BEACH/MIAMI-DADE NOTICE is HEREBY GIVEN that a public hearing W BEFORE UNDER�I 7�J D A T RITY, PERSONALLY APPEARED ju note before the city commission, h Tuesday lung 12.d before at e C t c m i soon thereafter possime in the Danis Beach City Commission Roo G r Administrative Center, 100 West Dania Beach Blv Dania Beach,Florida 33004,for the purpose Of hed Ing any comments which might be made to the f WHO, ON OATH, SAYS THAT owin request: HE/SHE IS A DULY AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED VA-des-o7 -variance request by epplieent Ma DEPARTMENT OF THE SUN-SENTINEL, DAILY NEWSPAPER PUBLISHED IGesso late Landscape Architect with crawl it pro / Is Associates raprecantmgct with St.Clair pro IN BROWARD/PALM BEACH/MIAMI-DADE COUNTY, FLORIDA, THAT THE owner of Darts Beach Outdoor Storage,to a to w installation of 12'of barb wire on to of an existM ATTACHED COPY OF ADVERTISEMENT, BEING A: eight(B)foot fence and wall. Property is located 375 NW 9th Avenue,Dania Beach.(Chapter 28,2 ing,Article 5.36 Walla, Fences and Hodges silo NOTICE OF PUBLIC HEARING maximum 6'wall or fence.) Not `ot7ry described as:A portion of the West 3/a the NOrfh U2 of the Southwest 1/e Of the North IN THE MATTER OF: 1/e of Section 34,Township 50 South.RanQa/2 Es in Broward County,Floritla,and more particularly scribed as follows:COMMENCE at a point on the E VA-25-07—Variance request by applicant Mark Kieser, Landscape Architect line ofthe West 3/4of the Southeast 1/e of the No east 1/e of Section 33.said point brain{the Northe corner of Block 1,sun Gardens First Addition,a$ IN THE CIRCUIT COURT,WAS PUBLISHED IN SAID NEWSPAPER IN THE ISSUES OF: corded in Plat Book 30, Page 21, of the Public cords of Broward county,Florida;THENCE run No erly along the East line of said West 3/e of the Sou 06/01/07 200021599 east 1N,of the Northeast fie of Section 33,North deg 01 min 40 sec,a distance of 3.00 feet;THEN run Easterly,North BB do{{Se min 29 sec East a 0 fence of aDproximately 336.26 feet to a point on t AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPAPER West lineolsection VTownshipsosouth,Range PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI-DADE COUNTY, FLORIDA, AND dent and min POINT of BEGINNING;THENCE North -1 01 min e6 POINT East along said West line a d THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY tance of 26OGS feet to the southwest corner of Gr PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI-DADE COUNTY, FLORIDA, fine 29 of thel Plat as recorded in Plat Book a Public Records of Broward Book nj to! Pegs of ci EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE POST Florida:THENCE North go del 58 min 10 sec Eaf along South Lind of Said Griffin - commercial Pla OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY. FLORIDA, FOR A pa Lancercel as f 551. 1 net to theial NorthwRecords st corner PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF ATTACHED 31314 Page 102/of the Public Records of Broward coupq COPY OF ADVERTISEMENT: AND AFFIANT FURTHER SAYS THAT HE/SHE HAS Floridathe ;;THENCE South 0o ydott1 in 19 secOff West t NEITHER PAID, NOR PROMISED,ANY PERSON, FIRM. OR CORPORATION,ANY cords Book 31316,Page 1021■distance of 30.01 fee DISCOUNT, REBATE, COMMISSION, OR REFUND, FOR THE PURPOSE OF SECURING THENCE North 88 oeg so min to sec East to a points the East line of sold west 3/e of the North U2 of t THIS ADVERTISEMENT FOR PUBLICATION IN SAID NEWSPAPER, RR Northwest ast said point also Township souihoeat corner feet; said Official records book mint Page et a distance of 450.11 feet; THENCE South 00 deg 1 min 19 sec west along said East line a distance a distance THENCE South 8t deg 58 min 10 sec Wei a distance Of s lying 7 feet t0 the POINT a BEGIN NING.Said lands lying and being In City Of Dania.Br( wcoCounty,he pro.Containing 5.7 acres a- COpieS 01 the proposed request is available f9 (SIGNATURE OF AFFIANT) viewing in the Community Development Department 100 West Dania Beach Blvd..Dania Beach,Florida be tween the hours of 8'.do a.m.and 4-00 to in.Monday SWORN TO AND SUBSCRIBED BEFORE ME Friday please call(951t 92/-3645 for more informs tion interested parties may appear at the publl ON Ot JUNE 2007,A.D. hearing and Ds heard with respect to the propose petition, In accordance with the Americans With Disabilitie Act,persons needing assistance to participate in an of these proceedings Should contact the City Clerl 100 W. Dania Beach Blvd, Dania Beach, FL 33004 �- (954)924-3623,at least/8 hours prior to meeting: C� Any person who decides to appeal any decislo—��� made by the Planning and zoning Advisory Board d SIGNATURE OF NOT PUBLIC the Ciq commission with regard to any matter con ( sidereA at thls meeting or nearing will need a recor Hµv - ' (df3(�8 h1. •)Ohi'50f1 of the proceedings anA for such purpose may need t ensure that a verbatim record of the proceedings i i '�'. - ;prT -;t,•.•' ! ):YS26508 made,which record includes the testimony and evi . dence upon which the appeal is to based )ur.,;;�. 2Q0a Lou Ann Cunningham Planning Associate June 1,2007 (NAME 0 TYPED, PRINTED, OR STAMPED) PERSONALLY KNOWN ✓ OR PRODUCED IDENTIFICATION