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HomeMy WebLinkAbout2007-11-13 Regular City Commission Meeting Agenda Packet AGENDA DANIA BEACH CITY COMMISSION REGULAR MEETING TUESDAY, NOVEMBER 13, 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 N 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)924-6800 EXT.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 Ernestine Henry, Mt. Sinai Methodist Church 3. ROLL CALL 4. PRESENTATIONS AND SPECIAL EVENT APPROVALS 4.1 RESOLUTION#2007-217—Presentation by Robert P. Legg A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, SUPPORTING A REQUEST BY THE SCHOOL BOARD OF BROWARD COUNTY FOR SUPPLEMENTAL FUNDING FOR CLASSROOM TECHNOLOGY ENHANCEMENTS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDNG FOR AN EFFECTIVE DATE. 4.2 Report on the Metro-Broward Professional Firefighters Local 3080 Union Vote — Sergio Pellecer 4.3 Special Event Request for the Dania Church of God 70 Anniversary Parade to be held in the City of Dania Beach on Sunday, November 18, 2007 from 3:00 p.m.-4:00 p.m. Dania Beach City Commission Agenda—November 13, 2007 Page 2 of 6 4.4 Certificate of Appreciation for Deputy Robert Fraelich and the BSO Inmate Work Unit—City Manager Pato 5. PROCLAMATIONS 5.1 Dania Church of God 70`h Anniversary 6. CITIZEN COMMENTS Addressing the Commission: Comments by Dania Beach citizens, or other interested parties that are not part of the regular agenda, may be made during each Commission meeting during the period set aside for "citizen comments." A thirty(30)minute "citizen comments"period shall be designated on the agenda for citizens and interested persons to speak on matters not scheduled on that day's agenda. Each speaker shall be limited to 3 minutes for his or her comments. Persons desiring to speak during the citizen comment period shall inform the City Clerk prior to the beginning of the meeting of their intention to speak. If more than 10 speakers express a desire to speak, the Commission shall determine, on a meeting by meeting basis, whether to (a) extend the time allotted for citizen comments to accommodate all speakers, or (b) whether to limit the number of speakers or amount of time per speaker. A speaker's time shall not be transferable to another speaker. 7. CONSENT AGENDA 7.1 Minutes: Approve Minutes of the September 20, 2007 Abatement Hearing Approve Minutes of the October 23, 2007 City Commission Meeting Resolutions 7.2 RESOLUTION 42007-223 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE INSTALLATION OF A TILE FLOOR IN THE CITY HALL ATRIUM FROM TILE BY JOHN PERRY, INC. IN AN AMOUNT NOT TO EXCEED $21,777.00 WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.3 RESOLUTION#2007-224 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING A ONE TIME ADJUSTMENT IN THE AMOUNT OF $1,080.00 TO BE PAID TO THE CITY MANAGER FOR TAXES INCURRED AS A RESULT OF PROVIDING THE CITY MANAGER A TAKE HOME VEHICLE PURSUANT TO THE CITY MANAGER'S Dania Beach City Commission Agenda—November 13, 2007 Page 3 of 6 EMPLOYMENT CONTRACT FOR CALENDAR YEAR 2007; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.4 RESOLUTION#2007-221 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A FIVE YEAR AGREEMENT WITH TOSHIBA BUSINESS SOLUTIONS FOR THE LEASE OF A TOSHIBA MODEL e4500c COPIER IN THE AMOUNT OF $501.91 PER MONTH FOR A PERIOD OF 60 MONTHS INCLUDING MAINTENANCE UNDER THE SCHOOL BOARD OF BROWARD COUNTY CONTRACT NO. 27-100B WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE, 7.5 RESOLUTION#2007-222 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA SUPPORTING ADDITIONAL STATE FUNDING FOR THE "FLORIDA FOREVER" PROGRAM AND THE CREATION OF A SUCCESSOR PROGRAM; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION 42007-226 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, DECLARING CERTAIN PERSONAL PROPERTY TO BE OBSOLETE, SURPLUS, AND OF NO FURTHER USE TO THE CITY OF DANIA BEACH; DECLARING THE INTENT OF THE CITY TO DISPOSE OF SUCH PROPERTY AT THE DIRECTION OF THE CITY MANAGER; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.7 RESOLUTION 42007-227 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA URGING THE MEMBERS OF THE UNITED STATES CONGRESS TO RE-ENACT THE FEDERAL ASSAULT WEAPONS BAN (AWB); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.8 RESOLUTION#2007-228 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A RENEWAL OF AN AGREEMENT WITH THE CHILDREN'S SERVICES COUNCIL OF BROWARD COUNTY UNDER THE M.O.S.T. (MAXIMIZING OUT-OF-SCHOOL TIME) GRANT PROGRAM; APPROVING ENTRY INTO AN AGREEMENT BETWEEN AFTER SCHOOL PROGRAMS, INC. AND THE CITY OF DANIA BEACH, IN CONJUNCTION WITH THE GRANT AGREEMENT, TO PROVIDE AFTER SCHOOL PROGRAM STAFFING SERVICES, INCLUDING, BUT NOT LIMITED Dania Beach City Commission Agenda—November 13, 2007 Page 4 of 6 TO ADVERTISING, INTERVIEWING, PROVIDING REQUIRED SCREENING AND TESTING SERVICES, AND REPLACEMENT OF CANDIDATES, UNDER THE SUPERVISION OF THE CITY OF DANIA BEACH PARKS AND RECREATION DEPARTMENT; CONFIRMING THAT SPECIAL CONDITIONS EXIST IN ORDER TO SECURE SUCH SERVICES WITH AFTER SCHOOL PROGRAMS, INC., WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Ordinances (Titles to be read by City Attorney) 7.9 ORDINANCE #2007-029 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING SECTION 5- 2(E) OF THE CITY CODE OF ORDINANCES TO CLARIFY THE RESTRICTION AS TO THE NUMBER OF DOGS (THREE) THAT MAY BE KEPT IN A DWELLING UNIT; DEFINING THE TERM "DWELLING UNIT" (CODE SECTION 5-1.3); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.10 ORDINANCE#2007-030 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 6, "BEACHES, PARKS AND RECREATION", OF THE CITY CODE OF ORDINANCES BY AMENDING SECTION 6-33 "SCHEDULE OF CHARGES", TO CLARIFY THE RATES TO BE PAID FOR BEACH PARKING PERMITS PARKING FEES FOR MOTOR VEHICLES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 8. BIDS AND REQUESTS FOR PROPOSALS 9. PUBLIC HEARINGS 9.1 RESOLUTION#2007-194 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE WAIVER REQUEST PERTAINING TO EMERGENCY GENERATOR (WA-54-07), SUBMITTED BY TANYA PIKER ON BEHALF OF HOMEOWNER MITCHELL J. SHOELSON, FOR PROPERTY LOCATED AT 5022 SW 40TH AVENUE, IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Continued from October 9, 2007) Dania Beach City Commission Agenda—November 13, 2007 Page 5 of 6 9.2 RESOLUTION#2007-218 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST BY JOHN ENGLAND, P.E., WITH CONSULTECH DEVELOPMENT SERVICES, INC., ON BEHALF OF REGINA NOVAES PERIM REPRESENTING VENEZIA VILLAS, LLC, FOR AN EXTENSION OF VARIANCE VA-49-06 APPROVED BY RESOLUTION NO. 2006-195 AND SITE PLAN SP-10-06 APPROVED BY RESOLUTION NO. 2006-197, ALL APPROVED ON NOVEMBER 28, 2006, FOR PROPERTY GENERALLY LOCATED AT 4432 SW 52"1 STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.3 RESOLUTION#2007-219 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST AND PERVIOUS AREA WAIVER SUBMITTED BY MANNY SYNALOVSKI OF CUBELLIS/SGR ON BEHALF OF THE PROPERTY OWNER HARRY DORNBUSCH, ATLANTIC 18, LLC, FOR PROPERTY LOCATED AT 1249 STIRLING ROAD, IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.4 RESOLUTION#2007-220 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY PAUL COMEAU FROM CHAPTER 28, "ZONING", ARTICLE 4.21, "SCHEDULE OF LOT, YARD AND BULK REGULATIONS", FOR PROPERTY LOCATED AT 1402 NW 8TH STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.5 RESOLUTION#2007-225 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST BY JOHN BARTLEY ON BEHALF OF THE OWNER DOREEN BARTLEY FOR A SECOND EXTENSION (ORIGINAL EXTENSION WAS APPROVED ON OCTOBER 10, 2006, AND EXPIRES ON NOVEMBER 8, 2007) RELATING TO THE APPROVAL OF VARIANCE VA-51-05 BY RESOLUTION 2006-174; FOR PROPERTY LOCATED AT 250 SW 4TH STREET, 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 Dania Beach City Commission Agenda—November 13, 2007 Page 6 of 6 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— I appointment Commissioner Castro— 1 appointment 12.2 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 13. ADMINISTRATIVE REPORTS 13.1 City Manager 13.2 City Attorney 13.3 City Clerk - Reminders Thursday, November 15, 2007—6:00 p.m. Abatement Hearing Tuesday, November 27, 2007 —7:00 p.m. Regular City Commission Meeting "Wednesday, December 5, 2007—6:00 p.m. CRA Board Meeting Tuesday, December 11, 2007 — 7:00 p.m. Regular City Commission Meeting "First day of Hanukkah 14. ADJOURNMENT RESOLUTION NO. 2007-217 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, SUPPORTING A REQUEST BY THE SCHOOL BOARD OF BROWARD COUNTY FOR SUPPLEMENTAL FUNDING FOR CLASSROOM TECHNOLOGY ENHANCEMENTS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, state of Florida sales and use tax dealers are entitled to retain a portion of the amounts they collect as compensation for collecting such taxes; and WHEREAS, the retainage held by state sales and use tax dealers amounted to $61,000,000.00 in Fiscal Year 2005-2006; and WHEREAS, State Senator Nan Rich and State Representative Ken Gottlieb sponsored a bill to allow state sales and use tax dealers to direct that their retained portion of the collection allowance may be used to enhance classroom technology; and WHEREAS, the 2006 Legislature passed Senate Bill 1590, which amended Section 212.12, Florida Statutes to provide an additional source of funds for education, and which specifically authorizes state sales and use tax dealers to forgo the sales tax collection allowance they are entitled to as compensation for collecting the tax for the State and, instead, direct that the fee amount be deposited into the Sate Education Enhancement Trust Fund; and WHEREAS, on May 30, 2006, the Governor of the State of Florida signed the bill into law; and WHEREAS, these funds that can be generated as a result of this bill are a supplement to and not a substitute for all other funding received by school districts through the Florida Education Finance Program and other categorical funding; and WHEREAS, these funds can only be distributed to school districts that officially adopt a resolution declaring the revenue will be used solely for enhancing technology in the classroom and providing teacher technology training; and WHEREAS, the School Board of Broward County adopted Resolution 07-01 on July 25, 2006, fulfilling the requirements of Senate Bill 1590 for receipt of the supplemental funding; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission supports the efforts of the School Board of Broward County in qualifying for the funds identified above. Section 2. That the City Commission encourages sales tax dealers within the City and Broward County to participate in this program to provide additional funds to the School Board of Broward County to enhance classroom technology and to provide teacher technology training. Section 3. That the City Clerk is directed to distribute certified copies of this Resolution to the members of the School Board of Broward County and the members of the Broward County Legislative Delegation. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. 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 APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2007-217 r 3 41 Arnia City of Dania Beach Department of Administration 100 W. Dania Beach Blvd. Dania Beach, FL 33004 Office: (954)924-3606 Fax: (954)921-2604 The following attachment is an application for a Special Event that will be taking place on private property. If you have received this packet and your name or discipline has been checked on this cover sheet, please review the application and make any necessary comments and/or requirements, if any, at the bottom of this page, or attach a comment sheet. Please return this sheet, the application and any additional comment sheets to Kathy Herman in the Administration Department at your earliest convenience. Event Name: Dania Church of God 70th Anniversary Parade Event Date: November 18, 2007 [ ] Sean Brown [ ] Dominic Orlando [ ] Larry Leeds [ ] Phil Reeves [ ] Tom Ansbro [ ] Mary McDonald [ Chief Donn Peterson - BSO ouise Stilson, City Clerk for agenda ] Kristen Jones/Glenn Morris COMMENTS/REQUIREMENTS: [ ]Approved [ ]See Comments Below [ ]See Attached Comment Sheet [ ]NA APPROVAL SIGNATURE OF REVIEWER: DATE: DATE DISTRIBUTED: City of Dania Beach 100 West Dania Beach Blvd., Dania Beach, FL 33004 SPECIAL EVENTS APPLICATION - Events on PRIVATE 1 PUBLIC PROPERTY Please PRINT or TYPE Event Name, Date, and Time: parc1Ct� ND� I� �� 17ania C` hi�rr lL � �nrvi�r� 1r�1 `B l Description of the Event: racer Os2hnd ��a�-tT U 0 mnrn h, bond I I4f, AddreWLocation of Event: �15 �J �l� , ��n nC1 niQ , ) Q Event Coordinator: N1^ ^I 0 aMrLejT C1n�un�t) Phone#1:()F)q Q911 - LD) �)9, E-mail Address: Phone#2: 1 5 y g q 5 v q T I Fax: Additional Contact Person for the Event: fnal Phone#1:� ��i I I E-mail Address: Phone#2: Fax: Organization or Sponsor of Event: D�:Inin h hUYT h 4 L od Address: ']) 5 S " Elio P City, State, Zip Code: !:�Onia TT_r)tjdCj � >� Phone: 95q q-3)- Fax: Cell: Is this a Non-Profit Organization? [q Yes [ ) No Tax ID#: Corporation Name (As it$ppears in the Articles of Incorporation): q Al, oct CL'1 ) t) i ri. f ��Iii1t� ynct � pant ,t r, r '-c Date ofIncorporation: r1 �' State of Incorporation: Federal ID#: 'L 15 two o Authorizing Official for the Organization: Bisho warS �d1/� , Q<isiar Phone#1: �� �)V q E-mail Address: Phone#2: Authorizing Official for the Organization: Phone#1: E-mail Address: Phone#2: SDeclal Events ADDlication-Paoe 1 -Rev.MAY2006 Oct•19.2007 03: 13 PM Broward County SOE 9543278739 4/6 Property Owner: bv;Q chivrrh op * required from the roe owner for t a roval of this a lication. Please Note-A letter of Consent rs a e property rtv a on a Is the letter attached?[ ]Yes ( ] No Will any portion of this event take place on Public or City Property? 1 Yes [ ] No Will there be a charge for admission? [ ] Yes ( No If yes, how much? Has this event been held in the past? ( ] Yes ( No If So,Indicate the city location of last event: *Is the event to take place; [ ] Indoors m Outdoors [ ] Both *Number of Expected Daily Attendants: ( (BSO or Fire Details may be required-refer to page 6) "Please indicate the duration of the event: DAY DATE I STARTTIME END TIME TOTAL#OF HOURS *Anticipated Date and Time to Begin Set-Up: *Anticipated Date and Time for Completion of Break-Down: ]� ($� t.NJ, Q "Do you have a site plan for the event to be submitted with this application? ( ] Yes [ ] No *Please Mate-A site plan indicating the following conditions must accompany the application or the application will be rejected, resulting in a significant time delay. The fire department must have easy access to the special event area. The site plan must include the following: entrances and exits, emergency vehicle access routes, parking, general vehicular drive paths, fire hydrant locations, fire department connections, street closure requests, fenced areas, grandstand, bleacher or other seating locations, tent and stage locations, cooking areas, and locations of any pyrotechnic materials, etc. In addition, the site plan must include the location of any rides (animal or mechanical), petting zoos, exhibits,DJ's, bands, performers, sanitary facilities,recreation vehicles for overnight housing, etc. .Is there a request for any road closures? Yes [ ] No 0,i a rCe *Please identify the street name(s)and//or locationss�for closure requests: �ha�lf 01 Pl J PTt'e I o Qa(7 T c " I jai ( T�r►r, Ct f T)CtnN a clbUl d 0 Please Note se streets must also e identified on the site plan. Speclal Events Application-PaOe 2—Rov.MAY2006 IOct-19.2007 03: 14 PM Broward County SOE 9543278739 5/6 f _ *Are you requesting to fence the event? [ ]Yes M No Please Note-You must identify any fencing on the sitg_plan. 'Will Canopies(No Sides)be used for this event?[ ]Yes 0 No *Please Note-All canopies in excess of 400 square feet[Per NFPA 1 Table 1.12.19(a)) require building permits and inspections. All canopies must be flame retardant. A certificate of flame retardency and a sample of the canopy fabric for field testing must be submitted for product approval with this application. This information can be obtained from the canopy manufacturer or the canopy rental company. Please apply for the permit at the Building Department located at 100 W. Dania Beach Blvd. *Will Tents(With Sides)be used for this event? [ ] Yes o *Please Note-All tents in excess of 200 square feet [Per NFPA 1: Table 1.12.19(a)] require building permits and inspections. All tents must be flame retardant. A certificate of flame retardency and a sample of the tent fabric for field testing must be submitted for product approval with this application. This Information can be obtained from the tent manufacturer or the tent rental company. If the tents have sides,they are treated as buildings. They must have two separate exits remotely located from each other with electrically illuminated exit signs that have a battery back-up. In addition,they must have emergency egress lighting and Fire Extinguishers. Provide a life safety plan for these tents indicating the location of all Exits, Exit Signs, Emergency Lighting, Aisle Spacing, Fire Extinguisher locations, etc. Permits must be obtained for all tents and electrical work. Please apply for all permits at the Building Department located at 100 W.Dania Beach Blvd. 'Will electricity be required for this event? (Ex.for lighting,sound,cooking,other power needs,etc.) [ ] Yes ] No *How will this electricity be supplied?( ] On-Site [ ] Generator [ ] Combination of Both Please No - The use of generators, temporary wiring, temporary electrical connections, etc. require permits and inspections. Please apply for the permit(s) prior to setting up at the Building Department located at 100 W. Dania Beach Blvd. Events requiring electricity are the responsibility of the applicant and must have a master electrician on site. *Will there be live entertainment at this event?]. Yes [ ] No ((�� *Please indicate the type(Ex.Band,DJ,Live Performers,etc.): bar) *Please specify the hours of entertainment: DAY DATE START TIME END TIME TOTAL#OF HOURS VILM �0 - ' vV 1 0 M A i f1U N� *Will a stage(s)be used in this event? [ ] Yes No Please note Fire Extinguisher Requirement in the ne>ft question. *Do you have adequate fire extinguishers for this event? [ ] Yes ] No *Please Note-Fire extinguishers must be supplied for each tent, canopy, cooking appliance and stage. They must be accessible from anywhere in the tent or on the stage without having to travel any further than 75 feet for access. Extinguishers must be easily accessible and not obscured from view. Fire extinguishers must be commercial "ABC Multi-Purpose" (minimum-51bs.) fire extinguishers that are currently certified and tagged by a licensed company. Demonstrate that this requirement will be met by making a note on the site ban indicating all of the above requirements or providing a letter to the fire prevention bureau. Special Events Application-Pane 3-ReV.MAY2008 Oct-19.2007 03: 13 PM Broward County SCE 9543278739 3/6 Will there be concessions or sales of food at this event? [ ] Yes §6 No Please specify: *Please Note—An original Certificate of Liability Insurance and Worker's Compensation is required from all vendors. Ensure that the Certificate is for this specific event, has the proper dates, and names the City of Danis Beach as an Additional Insured. No event will be approved without this insurance. ` rll any type of cooking appliances be used by either the Sponsor of the Event or any of its vendors?[ ] Yes [ No *If so,indicate the type of appliance(s)to be used and the number of each appliance to be used: I ] NIA [ ] Electric Grill(s); # [ ] Gas Griil(s); it [ ] Charcoal Grill(s);# [ ] Smoker Grills(s);#; [ ] Grease Fryer(s); #_ [ ] Oven(s); # j ] Electric Range Burner(s); ff ( ] Gas Range Burner(s); 0-__ *Please Note — Grease Fryers are not permitted indoors unless they are protected with an approved Hood and a UL300 Compliant Wet Chemical Automatic Fire Suppression System in accordance with NFPA 96. *Does each cooking appliance have Its own dedicated Fire Extinguisher? [ ] Yes [ ] No Please Noie-Each cooking appliance must have its own dedicated fire extinguisher. Class K fire extinguishers are required for fryers. Demonstrate thatihis reouirement will be met by making a note on the site plan indicating all of the above requirements or providing a letter to the fire prevention bureau. *Does each cooking area have the proper clearances from all other event areas? ( ] Yes [ ] No Please Note - Cooking areas can be located no closer than 30 feet from any tent or canopy structure, event rides, stages,grandstands or bleachers, etc. Ensure that this measurement is demonstrated on the site plan Will there be sates of alcohol at this event? [ ] Yes d No Please Nofe—An original certificate of liquor liability insu ance naming the City of Dania Beach as additional insured and a 112/3 Day Special Sales License is required to be submitted with this application. The license can be obtained from the State of Florida Department of Business and Professional Regulation. If Yes,Please Specify Types of Alcohol to be Sold: [ ] NIA [ ]Beer [ ] Wine [ ] Liquor [ ] Mixed Drinks [ ] other: If alcohol is being served,please indicate how the beverages will be served: N/A [ ]Draft Truck [ ]Cold Plate [ ] Mini-Bar [ ] Beer Tub [ ] Table Servi e Other: Will there be alcohol given away at this event? [ ] Yes V No Please Specify Types of Alcohol to be given away; ( ]NIA [ ]Beer [ ]Wine [ ]Liquor [ )Mixed Drinks [ ]Other: Will there be retail sales at this event? [ ]Yes '[PI No Please Specify: Special Events ADDIICatiot-Pege 4-Rov.MAY2006 Oct-19.2007 03: 13 PM Broward County SOE 9543278739 2/6 "Will there be any carnival rides, mechanical or vehicular rides,or animal rides at this event? [ ] Yes [n No *If yes, please describe: What is the name of the vendor or vendors providing the rides? [G N!A Please No - If carnival rides are to be present, the rides must be inspected by a state inspector, city electrical inspector,and fire inspector 48 hours prior to the rides opening. Are you providing to us a copy of the ride vendor's Certificate of Liability and Workers Compensation Insurance with this application? [ ] Yes ] No `Please Note—An original Certificate of Liabilitg and Worker's Compensation Insurance Is required for any and all rides. Ensure that the Certificate Is for this specific event, has the proper dates, and Names the City of Dania Beach as an Additional Insured. No event will be approved without this Insurance. *Will recreational vehicles be used for temporary overnight housing? [ ] Yes No Please Note—Indicate the locations of these on the site plan, l "Will there be any use of pyrotechnics and/or Fireworks Displays at this event? [ ] Yes No *Please Nofe-Pyrotechnics and/or Fireworks displays require special applications, permits and nspections as well as an original Certificate of Liability and Worker's Compensation Insurance. In addition, a Fire Inspector will be required to be present during set-up and displays. This expense will be passed on to the event. Please apply forthe permit at the Fire Prevention Bureau located at 901 N.E. 3 Street, 1. T. Parker Community Center, Harbour Towne Marina. (B5O or Fire Details may be required-referto page 6) "Will there be use of any Grandstands or Bleachers for seating at this event? [ ] Yes No *Please Note- Bleachers and Grandstands may have to meet special safety code requiremtj nts. Locations must be Indicated on the site plan. Are portable,ADA compliant sanitary facilities being provided for this event? [ ] Yes No If so, How many? N/A 7_ Please Note—Provide the to tions of all sanitary facilities on the site plan. Is there a request for any temporary signage for this event? [ ] Yes [ ] No please Note—Any questions regarding temporary signage should be directed to Code Compliance, (954) 924- 3646. Are there any services being requested from the City of Dania Beach? '[�l] Yes [ ] No If yes, please explain: Poke 5 C I (N*Please list any other conditions,terms or relevant information related to this event that may be of interest to those reviewing this application for approval: I Q c L I C rl" l�Vl 601 a e a t 'A v lac 'Indicates special attention Fire Prevention, SDeolal Events ADDication—Pa( 5—ReV.MAY2006 Oct-19.2007 03: 14 PM Broward County SOE 9543278739 6/6 BSO DETAIL REQUIREMENT Based upon anticipated attendance,site or building size,site location,and ability to assure public safety requirements, a Broward Sheriffs Office Detail may be required. FIRE WATCH REQUIREMENT A Fire-Watch may be imposed depending on the type of event, number of persons present and/or hazards involved. The number of personnel and apparatus required may vary depending on the type of event and hazards involved. Below are the current rates charged for the presence of a fire watch detail and/or fire inspector: Off-Duty detail assignment services performed by Dania Beach Fire Rescue Personnel will be paid at their current overtime rate of pay with benefits(3 Hour Minimum). in addition,an administrative fee of 10% will also be charged based on the total cost of personnel and apparatus. Personnel costs are currently estimated to be$84.42 per hour,per person(3 hour minimum). The cost of apparatus is as follows: Rescue Truck-$32.00 per hour Engine(1500 gpm)-$71.00 per hour Ladder(1500 gpm)-$80,00 per hour The City of Dania Beach requires payment 14 days in advance for the detail services and fees are to be made payable to The City of Dania Beach by means of cash advariceora cashier's check. Fees are based on individual employee's overtime rates which vary from person to person. The amount estimated is based on the highest overtime rate currently payable in addition to fees for FICA, Medicare,Worker's Compensation and Administrative fees. in the event that the entire estimated amount is not required for services,the city will refund the money, less the expenses incurred for the service. Should the amount of time required forthe fire watch detail exceed that agreed upon before the event, the Event will be required to pay for any overage based on the actual cost for the Fire-Watch. The Event will be responsible to pay the actual service price incurred. The information 1 have provided on this application is true and complete to the best of my knowledge. I understand that approval of this event is contingent upon review and approval of all City Disciplines,the City Attorney's Office and the City Commission. signature of pp n Title liq hate T1 STATE OF FLORIDA COUNTY OFBROWARD The foregoing instrument was acknowledged before me this_day of ,2006 By who is personally known to me,or, if not,produced the following form of identification: Notary Public Sign: My Commission expires: Print: My Commission number: Soaciai Events Aoullcatlon—Pane 6—Rev.MAY200e OFFICE OF THE MAYOR ,y nlaw, µ CITY OF DANIA BEACH PROCLAMATION WHEREAS, during the 1930's Reverend Robert C. Bain and his wife Beatrice, dreamed of a big"White Church on a Hill"; and WHEREAS, that dream became a reality in 1937 when a three-room house on the comer of Raleigh Street and 22"d Avenue in Hollywood was converted into a place of worship; and WHEREAS, in 1940, Evangelist Mary Long conducted numerous revivals which added to the growth of the Church; and WHEREAS, the first Church of God in Dania was built in 1943 under the pastorship of Reverend Hartman Poitier; and WHEREAS, the Church was built and dedicated in 1961 during the tenure of Reverend James Gooden; and WHEREAS, in the 1980's they were able to reconstruct and add-on to the Dania Church of God; and WHEREAS, in 1986 the Church of God celebrated its "Centennial Year"; and WHEREAS, on May 6, 1997 a new ministry was born: Cavalry Restoration Ministries; and WHEREAS, the priorities and goals remain the same, "To reach the whole world with the Gospel of Jesus Christ" and "To initiate Evangelism as a priority Ministry in every department outreach of the Church"; and WHEREAS, with this attitude the Church of God enters its 70`h year; "Charting the course.....continuing the journey" ATTEST: LOUISE STILSON, CMC BOB ANTON CITY CLERK MAYOR MINUTES OF MEETING DANIA BEACH CITY COMMISSION ABATEMENT HEARING THURSDAY, SEPTEMBER 20, 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 City Manager: Ivan Pato City Attorney: Tom Ansbro Deputy City Clerk: Miriam Nasser Code Attorney: Tim Ryan 3. Abatement Requests 3.1 Request for abatement for Palm Beach Polo Holdings, Inc., Case 902-3248, for property located at 750 NE 7`h Avenue (#0235-17-0030) (Continued from March 15, 2007, May 17, 2007, and July 19, 2007) Attorney Tim Ryan advised this case is for one violation of installing docks and piles without a permit and was originally cited in 2002. The fine ran for a total of 1,048 days resulting in a lien of$104,900.00, including recording fees. The Special Magistrate recommended abating the lien to $26,200.00 at the February 5, 2007 hearing. Attorney Larry Zink, representing Palm Beach Polo Holdings, Inc., requested a total abatement of the fine. He provided a chronological list of events so the Commission would understand the reason for the request. Palm Beach Polo Holdings purchased the property from Broward Marine in 1998. In April 2002 they applied to Broward County Department of Environmental Protection (DPEP) for a permit for six docks. In March 2004 when the fine started to accrue, they decided to come and search the City property records to look for permit history. Some of the records were obtained, but they later found out that at some point, the City had a fire and some records were lost. Their application was held by DPEP from April 2002, until January 2005, when they finally denied their license request. Polo Holdings appealed the decision in February 2005. On June 5, 2006 the judge ruled in favor of Palm Beach Polo Holdings and they were told that DPEP was supposed to issue license and permits as requested. In October 2006 DPEP gave them a Notice of Intent to issue license and permits. At this time an adjoining property owner filed an objection to the approval issued by DPEP. Attorney Zink remarked that his client has incurred in excess of $100,000 in this case and done everything possible to try and get the license and permits. He further noted he had kept Attorney Ryan informed of all the delays through the process. Attorney Ryan noted agreed it took Palm Beach Polo Holdings a long time to move through the administrative process, but it was their initial improper conduct to remove the docks that we are discussing. He thought the amount of the fine was justified and he suggested ratifying the Special Magistrate's recommendation, which was already reduced by seventy-five percent considering the circumstances beyond the respondent's control. Glenn Straubb, President of Palm Beach Polo Holdings Inc., noted they have paid taxes on that property and have spent approximately$500,000. He thought that a piece of paper should not be a reason to fine them and felt they had been penalized enough. Mr. Straubb asked for reconsideration of the Special Magistrate's recommendation to avoid having to take further steps. Attorney Ryan clarified for the record that the requester alleged that the City did not provide them with the information confirming that the original docks built in 1985 had been permitted. He further indicated that based on the applicant's statement that there would be a claim against the City, he would ask for payment to be made within 30 days as well as a complete release from Palm Beach Polo Holdings, Inc., in order to accept the reduced amount. Otherwise, he would recommend we keep it at the full amount and let them go forward and challenge this order. Vice-Mayor Jones noted he did not like the comments made by Mr. Straubb about proceeding further against the City. He questioned what they could have done to avoid the fine. Attorney Ryan indicated the fine could have been $250.00 a day instead of$100.00. He left it at the Commission discretion, but suggested following the Special Magistrate's recommendation with the conditions previously stated. Mayor Anton noted he has seen where the docks are and agreed that the business could not operate without the docks being replaced. He also indicated that we all know it takes a long period of time to obtain permits from the different government agencies. Mayor Anton wanted clarification that it was legitimate that it took them 5 years to get the permits. Attorney Ryan explained it would have been easier for them if they had applied for the permits in 2002, while the docks were still there, but they just replaced them without any authorization. He thought seventy-five percent was a generous reduction and it should not be any lower. Commissioner Castro noted that she sympathized with anyone having to process permits through DPEP because of the time it takes. She confirmed the docks meet the standards now that they have been permitted. Minutes of Abatement Hearing 2 Dania Beach City Commission Thursday, September 20,2007—6:00 p.m. Attorney Zink reaffirmed that Palm Beach Polo Holdings went to DPEP in 2002 for permits and licenses. He commented that had DPEP given the permits in May 2002, there would have been no fine. The administrative law judge found that DPEP had acted erroneously and that is why the penalty started to accrue. Commissioner Bertino motioned to abate the lien to $26,200.00, to be paid within 30 days, with a signed release by Palm Beach Polo Holdings Inc.; seconded by Commissioner Flury. The motion carried on the following 3-2 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro No Mayor Anton No Commissioner Flury Yes 3.2 Request for rehearing by Adolfo Berrios and Zcja Fahmy, V2 interest each, Case #05- 0613, for property located at 43 SE 10`h Terrace (#1203-13-0360) (Previously heard on July 19, 2007) Commissioner Flury clarified for the record that she discussed this case with the applicant. It is not being reheard; the applicant is requesting an extension of time for her payment date. Commissioner Bertino motioned to extend the time period for the payment of$10,000 for an additional 90 days; 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 3.3 Request for abatement for David Grant, Case #06-0002, for property located at 260 NW 14`h Court (#0233-14-0290) Attorney Tim Ryan advised this case is for one violation of failure to obtain a roof permit. The fine ran for a total of 334 days resulting in a lien of$50,100.00, including recording fees. The Special Magistrate recommended reducing the fine to $5,000.00. David Grant, 320 S. Flamingo Road, Pembroke Pines, owner of the property, noted he found out about this action some time in January when his former tenants moved out and threw the notice in the garbage. He indicated he is currently working in New York because he could not find a job in Florida. Mr. Grant explained he wanted to provide housing in the community and although he gave someone the money to repair the roof, the job was done without permits. He indicated that he has had problems with mail being stolen. Mr. Grant requested reconsideration of the Special Magistrate's recommendation. Minutes of Abatement Hearing 3 Dania Beach City Conunission Thursday, September 20,2007—6:00 p.m. Attorney Ryan clarified the notice was sent to the address on the property deed registered with the Property Appraiser's Office. It was Mr. Grant's duty to notify the different entities of the current address where he wants his mail sent. He ratified the Special Magistrate's recommendation. Commissioner Bertino motioned to abate the lien to $5,000.00, to be paid within 30 days; seconded by Mayor Anton, who passed the gavel to Vice-Mayor Jones. The motion carried on the following 3-2 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones No Commissioner Castro No Mayor Anton Yes Commissioner Flury Yes Commissioner Flury motioned for the lien to be paid within six months; 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 Commissioner Castro clarified for the record that the second vote was for the extension of the six months payment only. 3.4 Request for abatement for Ariel Edelsburg, Case #06-0848, for property located at 3333 Griffin Road (#0230-03-0300) Attorney Tim Ryan advised this case is for one violation of allowing the accumulation of trash, garbage, litter, miscellaneous debris, stagnant water and untended vegetation. The fine ran for a total of 159 days resulting in a lien of $32,159.50, including recording fees. The Special Magistrate recommended abating the lien to $5,000.00. No one was present for this case. Nicholas Lupo, Chief Code Compliance Officer, clarified for Commissioner Bertino that this is a single family residential zoned property which was rented out for illegal commercial use. Commissioner Bertino suggested the lien should be brought back to the original fine. Commissioner Flury motioned to abate the lien to $5,000.00, to be paid within 30 days; seconded by Vice-Mayor Jones. 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 Minutes of Abatement Hearing 4 Dania Beach City Commission Thursday, September 20,2007—6:00 p.m. 3.5 Request for abatement for Eliyahu Bohadanah, Case #06-1348, for property located at 150 NW 7ih Avenue (#0234-01-0740) Attorney Tim Ryan advised this is a vacant lot that involves two violations: allowing litter, trash and debris on the premises; and health and sanitation nuisance. The total fine was $31,959.50, including recording fees. The Special Magistrate recommended abating the lien to $16,000.00. Eliyahu Bohadanah, 150 NW 7`h Avenue, noted he bought the property in a tax deed and cleared all debris the same date he purchased it. He further noted that the County has about $20,000 to give him, but it will probably take some before they release the money. Attorney Ryan explained that when a property is sold in a tax deed for more than the outstanding taxes, the rest goes into a surplus fund and liens against the property that survived beyond the tax sale can be settled, if the governmental agency files a petition to get the surplus money. He indicated that if the City Commission accepts the Special Magistrate's recommendation, he would suggest a period of 90 days to allow him time to file the petition. Attorney Ryan further noted he will seek the entire amount and will deduct $16,000 which was the reduced amount recommended by the Special Magistrate and $1,500.00 for the additional step that the City will have to take to receive the surplus money. Commissioner Bertino noted that when people buy on the tax roll they know exactly what liens are on the property. He would like to see the fine brought back to the original amount. Commissioner Castro motioned to abate the lien to $16,000.00, to be paid within 90 days; seconded by Vice-Mayor Jones. 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 3.6 Request for rehearing by Valerie Valella, Case #06-0173, for property located at 609 NW 8" Street (#0234-25-0500) (Previously heard on July 19, 2007) Commissioner Castro advised she will sponsor this case for an extension of time to pay the lien of$4,350.00. Vice-Mayor Jones motioned to extend the time period for the payment of the lien to 60 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 Minutes of Abatement Hearing 5 Dania Beach City Commission Thursday, September 20,2007—6:00 p.m. 4. Adiournment Mayor Anton adjourned the meeting at 7:00 p.m. ATTEST: CITY OF DANIA BEACH LOUISE STILSON, CMC BOB ANTON CITY CLERK MAYOR—COMMISSIONER Minutes of Abatement Hearing Dania Beach City Commission Thursday,September 20, 2007—6:00 p.m. MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, OCTOBER 23, 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 Juan Cuevas, Maranatha Ministries, 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: Anne Castro Patricia Flury City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson Absent: Commissioner: John Bertino Commissioner Castro motioned to excuse the absence of Commissioner Bertino; seconded by Vice-Mayor Jones. The motion carried on the following 3-1 Roll Call vote: Commissioner Castro Yes Vice-Mayor Jones Yes Commissioner Flury No Mayor Anton Yes 4. Presentations and Special Event Approvals 4.1 Presentation to Michael Oldacre for meritorious service Colin Donnelly, Assistant City Manager, presented a plaque to Michael Oldacre, Beach Custodian, for rescuing a woman who fell into the water at the marina. 5. Proclamations There were no proclamations at this meeting. 6. Citizen Comments Joan Cutsler, President of the Estates of Fort Lauderdale, provided an update on the status of the Estates of Fort Lauderdale Mobile Home Park since Hurricane Wilma, and thanked the City for their assistance during the hurricane. Ms. Cutsler asked, on behalf of the residents of the Estates of Fort Lauderdale, for their area to be kept on the waiting list for solar lighting. George Jason, 4549 SW 37th Avenue, thanked Vice-Mayor Jones, City Manager Pato and Public Services Director Dominic Orlando for their assistance with the trash pickup issue. He advised a CERT Program meeting would be held at Fire Station #1 on Monday,November 5, 2007, at 7:00 p.m. 7. Consent Agenda Items removed from Consent Agenda: #7.4, #7.5, #7.8, #7.9, #7.11, #7.12 7.1 Minutes: Approve Minutes of the Regular Meeting of September 25, 2007 Approve Minutes of the Regular Meeting of October 9, 2007 7.2 Travel Requests: Request of Vice-Mayor Albert Jones to attend the Florida League of Cities Committee Meeting in Tampa, Florida on October 12-13, 2007 (Estimated cost $350—remaining budget $4,650) Resolutions 7.3 RESOLUTION#2007-201 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE SODIUM HYPOCHLORITE FROM ALLIED UNIVERSAL CORPORATION, IN AN AMOUNT NOT TO EXCEED $65,000.00 IN FISCAL YEAR 07/08, UNDER PALM BEACH COUNTY COOPERATIVE GROUP BID #05-093/CB; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.4 RESOLUTION#2007-202 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, DECLARING CERTAIN PERSONAL PROPERTY TO BE OBSOLETE, SURPLUS,AND OF NO FURTHER USE TO THE CITY OF DANIA BEACH; DECLARING THE INTENT OF THE CITY TO DISPOSE OF SUCH PROPERTY AT THE DIRECTION OF THE CITY MANAGER; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2007-202. Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,October 23, 2007—7:00 p.m. Vice-Mayor Jones asked how the items would be sold. He suggested we notify the public that surplus property would be available for auction. He would like a report to the Commission showing who bid on the documents and how much they paid. Patricia Varney, Finance Director, explained that for two years we have used a company that publishes the list of surplus items on their Web Page. The interested parties pay the Company, and they forward the checks to us. The Company will receive two percent of the total sales. She indicated that we currently post the information on the City's Web Site as well as our cable station. Vice-Mayor Jones motioned to adopt Resolution #2007-202; seconded by Commissioner Flury. The motion carried on the following 4-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Jones Yes Commissioner Flury Yes Mayor Anton Yes 7.5 RESOLUTION#2007-203 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,AUTHORIZING THE CITY MANAGER TO CONTRACT FOR THE PURCHASE OF PAINTING AND REPAIR SERVICES FROM TRADE MASTER SERVICES INC., IN AN AMOUNT NOT TO EXCEED $23,500.00 WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; PROVIDING FOR FUNDING; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2007-203. Vice-Mayor Jones asked if this was the new water tank. He asked the City Attorney to explain the process of piggybacking. City Attorney Ansbro advised the City Charter provides for certain purchases to be made at a lower cost, when piggybacking with other governmental agencies, without having to go out to bid or incur any additional costs. Dominic Orlando, Public Services Director, explained this is the silo. This amount includes sandblast and paint and any repair work would be at an additional cost. He commented that in most cases we save money when piggybacking, with very few exceptions. Vice-Mayor Jones motioned to adopt Resolution #2007-203; seconded by Commissioner Castro. The motion carried on the following 4-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Jones Yes Commissioner Flury Yes Mayor Anton Yes 7.6 RESOLUTION#2007-204 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO CLAIMS SERVICES FOR THE WATER MAIN LOOPING PHASE I—WATER PLANT TO DOWNTOWN Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,October 23,2007—7:00 p.m. WATER MAIN PROJECT; MAKING FINDINGS; AUTHORIZING A WORK ORDER FOR A SUM NOT TO EXCEED$20,000.00 FOR ENGINEERING SUPPORT SERVICES,DUE TO A LEGAL CLAIM BY A PROJECT SUBCONTRACTOR, WITH CAMP DRESSER AND MCKEE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE WORK ORDER; PROVIDING ASSURANCES; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.7 RESOLUTION#2007-209 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENGAGE ADDITIONAL ARCHITECTURAL, ENGINEERING AND OTHER SERVICES FROM ROBERT MCDONALD AND ASSOCIATES FOR AN AMOUNT NOT TO EXCEED $25,000.00 FOR THE STATION 93 PROJECT; PROVIDING FOR FUNDING, PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.8 RESOLUTION#2007-210 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE BULK HIGH-CALCIUM QUICKLIME FROM CARMEUSE LIME, INC., IN AN AMOUNT NOT TO EXCEED $80,000.00 IN FISCAL YEAR 07/08, UNDER THE CARMEUSE PROPOSAL OF CITY OF TAMARAC RESOLUTION #R-2007-148; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2007-210. Commissioner Castro motioned to adopt Resolution #2007-210; seconded by Commissioner Flury. The motion carried on the following 4-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Jones Yes Commissioner Flury Yes Mayor Anton Yes 7.9 RESOLUTION 42007-211 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE CREATION OF A DESIGN-BUILD PACKAGE FOR THE SOUTHWEST COMMUNITY CENTER, MAKING FINDINGS; AUTHORIZING A WORK ORDER FOR $16,730.00 FOR DESIGN SERVICES TO BE PERFORMED BY CAMP DRESSER AND MCKEE; AUTHORIZING THE CITY MANGER TO EXECUTE THE WORK ORDER; PROVIDING FOR ASSURANCES; PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2007-211. Vice-Mayor Jones asked for an explanation of how the Community Center was incorporated into the Public Works Compound. Dominic Orlando, Public Services Director, provided an explanation of the process. He indicated that after several meetings they identified the storm drainage requirements for the site, therefore the design-build option can be considered. This option will allow the Southwest Community Center to be built prior to other work on the Public Services Facility site. Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,October 23,2007—7:00 p.m. Vice-Mayor Jones motioned to adopt Resolution #2007-211; seconded by Commissioner Castro. The motion carried on the following 4-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Jones Yes Commissioner Flury Yes Mayor Anton Yes 7.10 RESOLUTION#2007-213 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AMENDMENT TO THE APRIL 23, 1999 LEASE AND EASEMENT AGREEMENT EXISTING BETWEEN THE CITY OF DANIA BEACH AND THE SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY, TO SUBLET THIRTY-FIVE (35) PARKING SPACES TO THE HUMANE SOCIETY OF BROWARD COUNTY ON SATURDAYS AND SUNDAYS; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.11 RESOLUTION#2007-216 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE A VEHICLE FOR THE PUBLIC SERVICES DEPARTMENT IN THE AMOUNT OF $135,772.95 FROM BRIGGS EQUIPMENT, UNDER THE FLORIDA SHERIFF'S OFFICE CONTRACT, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR FUNDING, PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2007-216. Commissioner Flury questioned the source of the funding. Patricia Varney, Finance Director, responded it is a budgeted item in FY 2008. Commissioner Flury motioned to adopt Resolution #2007-216; seconded by Commissioner Castro. The motion carried on the following 4-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Jones Yes Commissioner Flury Yes Mayor Anton Yes 7.12 RESOLUTION#2007-215 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE LAWN AND LANDSCAPE MAINTENANCE SERVICES IN AN AMOUNT NOT TO EXCEED $30,000.00 FROM PRESTIGE PROPERTY MANAGEMENT AND MAINTENANCE, INC. WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2007-215. Commissioner Flury confirmed that this is an interim contract which will allow us to have services available through the end of the year while we complete the bid evaluations. Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday,October 23,2007—7:00 p.m. Commissioner Flury motioned to adopt Resolution #2007-215; seconded by Commissioner Castro. The motion carried on the following 4-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Jones Yes Commissioner Flury Yes Mayor Anton Yes Commissioner Castro motioned to approve the Consent Agenda, with the exception of Items #7.4, #7.5, #7.8, #7.9, #7.11, and #7.12; seconded by Vice-Mayor Jones. The motion carried on the following 4-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Jones Yes Commissioner Flury Yes Mayor Anton Yes 8. Bids and Requests for Proposals 8.1 RESOLUTION#2007-214 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE MEDIAN MODIFICATION CONSTRUCTION SERVICES IN FISCAL YEAR 2007-2008, FROM TENEX ENTERPRISES, INC., PURSUANT TO A COMPETITIVE BID FOR CONSTRUCTION ACTIVITIES (INSTALLATION OF MEDIAN MODIFICATIONS FOR SHERIDAN STREET AND S.W. 2ND AVENUE) IN THE AMOUNT OF $154,691.00; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE AGREEMENT; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2007-214. Commissioner Castro motioned to adopt Resolution #2007-214; seconded by Commissioner Flury. The motion carried on the following 4-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Jones Yes Commissioner Flury Yes Mayor Anton Yes 9. Public Hearings and Site Plans 9.1 ORDINANCE #2007-024 AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORIDA PERTAINING TO THE CITY RETIREMENT SYSTEMS; AMENDING CHAPTER 18 OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED "PENSIONS AND RETIREMENT," TO AMEND SECTION 18-1, "PARTICIPATION IN GROUP INSURANCE — RETIREES" TO CLARIFY THAT EMPLOYEES WHO TERMINATE CITY EMPLOYMENT BUT WHO ARE VESTED AT THE TIME OF TERMINATION ARE TO BE AFFORDED THE OPTION TO RE- JOIN THE CITY HEALTH PLAN WHEN THEY BECOME RETIREES; FURTHER, TO CREATE DEFINITIONS FOR THE TERMS "VESTED TERMINATED", "TERMINATED VESTED" (EMPLOYEES), "RETIREE" AND "TO RETIRE" AND TO PROVIDE FOR THEIR INCLUSION IN SECTION 18-3 Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,October 23,2007—7:00 p.m. ("DEFINITIONS"); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance 42007-024. 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 #2007-024, on second reading; seconded by Commissioner Flury. The motion carried on the following 4-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Jones Yes Commissioner Flury Yes Mayor Anton Yes 9.2 ORDINANCE #2007-028 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 28 OF THE CITY CODE OF ORDINANCES, ENTITLED "ZONING", TO ALLOW OUTDOOR FRESH PRODUCE MARKETS AS ACCESSORY USES TO RETAIL USES WHICH PRIMARILY SELL UNPREPARED (UNCOOKED) FOODS, OR BEVERAGES OR BOTH AT RETAIL IN ALL C-DISTRICTS(COMMERCIAL DISTRICTS), THE TOD DISTRICTS (TRANSIT ORIENTED DEVELOPMENT DISTRICTS) AND THE TOC-1 AND 2 DISTRICTS (TRANSIT ORIENTED CORRIDOR DISTRICTS); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2007-028. Laurence Leeds, AICP, Community Development Director, explained that this Ordinance would allow outdoor produce stands as a permitted use, subject to compliance with size, location and traffic safety requirements. 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 #2007-028, on second reading; seconded by Vice-Mayor Jones. The motion carried on the following 4-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Jones Yes Commissioner Flury Yes Mayor Anton Yes 9.3 ORDINANCE#2007-025 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY PAUL DOUGLAS OF DOUGLAS DEVELOPMENT GROUP, INC. REPRESENTING WILSON ATKINSON, PRESIDENT OF GRIFFIN POINT, INC., FOR THE "GRIFFIN POINT PLAT", SUCH PROPERTY BEING GENERALLY LOCATED ON THE NORTH SIDE OF GRIFFIN ROAD, WEST OF RAVENSWOOD ROAD 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 "GRIFFIN POINT PLAT'; Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,October 23, 2007—7:00 p.m. PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance#2007-025. Laurence Leeds, AICP, Community Development Director, provided a history of the property. He noted the Planning and Zoning Board recommended approval subject to conditions. Rod Feiner, Attorney for the applicant, noted they agree to the conditions, including the right turn only onto SW 45"' Street. 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 #2007-025, on second reading; seconded by Commissioner Flury. The motion carried on the following 4-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Jones Yes Commissioner Flury Yes Mayor Anton Yes City Attorney Ansbro advised the remaining items were quasi-judicial matters and swore-in those who would speak. He asked the Commission to disclose any communication they had on these matters. Mayor Anton advised he was contacted about the Valgard Self Storage and the American Maritime Officers Building requests. Vice-Mayor Jones and Commissioner Castro noted they were contacted about the Valgard Self Storage request. 9.4 RESOLUTION#2007-207 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY NICK ECONOMOS, ON BEHALF OF THE PROPERTY OWNER, GRIFFIN ROAD PARTNERS, LLC, FOR PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF GRIFFIN ROAD AND RAVENSWOOD ROAD, (2081 GRIFFIN ROAD), IN THE CITY OF DANIA BEACH, FLORIDA, IN CONNECTION WITH THE PROVISIONS OF CHAPTER 26, "VEGETATION" AND CHAPTER 28, "ZONING";PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2007-207 and Resolution #2007-208 because they both involve the same property. Laurence Leeds, AICP, Community Development Director, provided a description of the property. The site will be a 157 room hotel, a 124 unit extended suites hotel, and a 64,000 square foot office building. The applicant has requested a Sign variance to allow a 90 foot high sign that is 450 square feet in area, which would be used for all three businesses. He also asked for a variance to allow 551 parking spaces. The applicant requested Commercial loading space variances as well. Also included in their request were Landscape Island variance and pervious Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,October 23,2007—7:00 p.m. area and setback waivers. The Planning and Zoning Board recommended approval of all variances, waivers and site plan. Mayor Anton opened the Public Hearings. Sue Delegal, Attorney for the applicant, was available to answer questions. She noted they agree to all conditions requested by staff. Seeing as there was no one else to speak in favor or opposition, Mayor Anton closed the Public Hearings. Nick Economos, on behalf of Griffin Road Partners, LLC, advised the 90 foot pole sign would be visible from I-95. It would be identical to the sign at the Hilton Hotel. Commissioner Flury was concerned about the landscape reduction and the sign size. Attorney Delegal noted it is necessary for the sign to be visible from I-95 so that people who are traveling can see it. They have tried to minimize the lighting impact on Griffin Road. She noted they have worked with staff on the landscape design. Mr. Economos referred to the Spring Hill Suites sign and noted that people traveling on I-95 would not see their hotel without the sign. He noted they also landscape the parking islands. Martin A. Diaz-Yabor, AIA, architect of record, noted they exceed the landscape requirements. He explained it would not be advisable to reduce the number of parking spaces due to possible future restaurant development. Mayor Anton thought this was an excellent project and would like to see it move forward. Commissioner Flury understood the reason to have this type of sign but would like future projects to include more attractive signs. Mr. Economos noted they are still working on the design of the sign and once it is finalized they will be happy to share it with the Commission. He confirmed for the Commission that if the building permits are issued in March 2008, they anticipate opening in mid 2009. Commissioner Castro motioned to adopt Resolution #2007-207, with conditions; seconded by Vice-Mayor Jones. The motion carried on the following 4-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Jones Yes Commissioner Flury Yes Mayor Anton Yes 9.5 RESOLUTION#2007-208 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN AND WAIVER REQUESTS SUBMITTED BY NICK ECONOMOS ON BEHALF OF THE PROPERTY OWNER, GRIFFIN ROAD PARTNERS, LLC, FOR PROPERTY GENERALLY LOCATED AT THE NORTHEAST Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,October 23,2007—7:00 p.m. CORNER OF GRIFFIN ROAD AND RAVENSWOOD ROAD, (2081 GRIFFIN ROAD), IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Castro motioned to adopt Resolution #2007-208; seconded by Vice-Mayor Jones. The motion carried on the following 4-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Jones Yes Commissioner Flury Yes Mayor Anton Yes 9.6 RESOLUTION#2007-205 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY JEFFERY GROSS ASSOCIATES ARCHITECTS, P.A., REPRESENTING THE PROPERTY OWNER, AMERICAN MARITIME OFFICERS BUILDING CORPORATION OF FLORIDA (AMO), FOR PROPERTY LOCATED AT 604 SOUTH FEDERAL HIGHWAY, IN THE CITY OF DANIA BEACH, FLORIDA, IN CONNECTION WITH THE PROVISIONS OF CHAPTER 28, "ZONING", ARTICLE 6.21 "PARKING";PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2007-205 and Resolution #2007-206 because they involve the same property. Laurence Leeds, AICP, Community Development Director, provided a description of the property. The applicant wishes to construct a 1,600 sq. ft. modular office building in an existing parking lot located behind an office building. This will require the removal of 17 parking spaces however the applicant stated that they have permission to use the adjacent church parking area. He noted that the Planning & Zoning Board recommended approval of the project. Director Leeds indicated the modular building would be located on the site for 2-3 years. Jeffery Gross, architect for the project, noted that AMO owns a large number of parcels of land in the area of this project. He noted the current lease for the modular building is for two years. Mr. Gross requested approval of the request. Mayor Anton opened the Public Hearings. Faye Bartelmes, 214 SW 2"d Terrace, commented that each building should have its own parking and not rely upon other parking areas. Seeing as there was no one else to speak in favor or opposition, Mayor Anton closed the Public Hearings. Commissioner Castro motioned to adopt Resolution #2007-205; seconded by Commissioner Flury. Mayor Anton requested a friendly amendment to the motion for a written agreement between Lighthouse Community Church and AMO for the use of the parking spaces. Mr. Gross agreed to pursue obtaining this document. Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,October 23,2007—7:00 p.m. Commissioner Castro agreed to the amendment to the motion. The motion carried on the following 4-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Jones Yes Commissioner Flury Yes Mayor Anton Yes 9.7 RESOLUTION#2007-206 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN AND WAIVER REQUESTS SUBMITTED BY JEFFERY GROSS ASSOCIATES ARCHITECTS, P.A., REPRESENTING THE PROPERTY OWNER, AMERICAN MARITIME OFFICERS BUILDING CORPORATION OF FLORIDA (AMO), FOR PROPERTY LOCATED AT 604 SOUTH FEDERAL HIGHWAY, IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Castro motioned to adopt Resolution #2007-206, with a three-year time limit; seconded by Vice-Mayor Jones. The motion carried on the following 4-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Jones Yes Commissioner Flury Yes Mayor Anton Yes 9.8 RESOLUTION#2007-212 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY NECTARIA M. CHAKAS WITH THE LAW FIRM OF RUDEN, MCCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A., REPRESENTING THE PROPERTY OWNER, VALGARD OF STIRLING LLC, FOR AN EXTENSION OF SPECIAL EXCEPTION SE-23-06, APPROVED BY RESOLUTION 2006-133; VARIANCE VA-24-06, APPROVED BY RESOLUTION NO. 2006-134; AND SITE PLAN SP-22-06 APPROVED BY RESOLUTION NO. 2006-135, ALL APPROVED ON AUGUST 8, 2006, FOR PROPERTY GENERALLY LOCATED AT THE NW CORNER OF STIRLING ROAD AND (UNIMPROVED) SW 19Tn COURT (ON THE NORTH SIDE OF STIRLING ROAD WEST OF I-95, DANIA BEACH); PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2007-212. Laurence Leeds, AICP, Community Development Director, provided a history of the project. He indicated that the applicant is requesting a one-year extension for the special exception, variance and site plan approvals until August 8, 2008. Director Leeds advised that if the City Commission decides to extend the approvals, all previous conditions should be included. Mayor Anton opened the Public Hearing. Nectaria Chakas, of the law firm Ruden, McClosky, Attorney for the applicant, noted the project was delayed due to construction costs and a shift in the partnership. She asked the Commission for approval of the extension requests. Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday,October 23,2007—7:00 p.m. Seeing as there was no one else to speak in favor or opposition, Mayor Anton closed the Public Hearing. Commissioner Flury motioned to adopt Resolution #2007-212; seconded by Commissioner Castro. The motion carried on the following 4-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Jones Yes Commissioner Flury Yes Mayor Anton Yes 10. Commission Comments 10.1 Commissioner Bertino Commissioner Bertino was not present at this meeting. 10.2 Commissioner Castro Commissioner Castro advised she attended the Ravenswood Estates Association meeting and they are planning to bring forward a request regarding building single family homes at their park. Commissioner Castro asked for an update on the Spinning Wheel Sign. City Manager Pato advised the sign had been removed. Commissioner Castro questioned the annual cost of the beach parking permit for senior citizens. She suggested we reevaluate the fees. Commissioner Castro asked for suggestions from the rest of the Commission. Mayor Anton noted that out of state residents pay higher taxes therefore they should not pay higher costs for parking. He would like the ordinance changed to address homeowners who reside in the City, whether temporarily or permanently. It was the consensus of the Commission to direct City Attorney Ansbro to revise the Parking Permit Fees Ordinance. 10.3 Commissioner Flury Commissioner Flury noted she is still receiving calls about trees being cut in the City. She clarified that the City only destroys trees if it is absolutely necessary, otherwise they are always relocated. Commissioner Flury advised work is progressing on Dania Beach Boulevard. She warned residents to expect delays in that area for some time. Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,October 23,2007—7:00 p.m. Commissioner Flury commented on the Grand Opening of C.W. Thomas Park and thought we should all be proud of it. She hopes the pool will open soon for everyone's enjoyment. 10.4 Vice-Mayor Jones Vice-Mayor Jones attended the Lions Club meeting over the weekend at the I.T. Parker Community Center. He commented that elderly people had to park far away from the building, and suggested that the Fire Marshal's Office staff park further away during the weekend so that parking spaces are available for our senior and handicapped residents. Vice-Mayor Jones advised that on Friday, November 2"a there will be a breakfast meeting from 7:30 a.m. — 9:00 a.m. to discuss the Boys and Girls Club in Dania Beach. He noted Dr. Frank Till will be present to update residents on the future of the Club. Vice-Mayor Jones commented on the Urban Planning Council meeting for the Florida League of Cities that he attended in Tampa. He noted some of the subjects discussed were the Gross Management Act Division, water supply, and the proposed Bottle Bill. Vice-Mayor Jones thanked George Jason for coming forward on the garbage issue. He would like Waste Management to pickup on schedule. Commissioner Flury congratulated Beulah Lair and others who graduated tonight from the eight- week CERT Program Course. 10.5 Mayor Anton Mayor Anton noted that children will be on the streets on Halloween night. He asked everyone to drive carefully. Mayor Anton advised that Broward County Manager Pamela Brangaccio resigned today. Mayor Anton asked for an update on the traffic light on 5ch Avenue and Dania Beach Boulevard. Dominic Orlando, Public Services Director, advised the traffic light should be installed during the first quarter of next year. He said he will try to get a date to bring back to the Commission. Mayor Anton congratulated the graduates of the CERT Program Course and thanked them for their efforts on behalf of the City. 11. Discussion and Possible Action 11.1 Discussion of the December 25, 2007 City Commission Meeting, and the 2008 City Commission Meeting Dates—City Clerk City Clerk Stilson advised the second meeting in December would be on a holiday. Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday,October 23, 2007—7:00 p.m. Commissioner Castro motioned to cancel the December 25, 2007 City Commission meeting; seconded by Vice-Mayor Jones. The motion carried on the following 4-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Jones Yes Commissioner Flury Yes Mayor Anton Yes It was the consensus of the Commission to discuss the Commission Meeting Dates Schedule on a quarterly basis. They confirmed that the first quarter of 2008 did not require any changes. 12. Appointments Mayor Anton appointed Richard Ramcharitar to the Airport Advisory Board. Commissioner Castro motioned to approve the appointment of Richard Ramcharitar to the Airport Advisory Board; seconded by Vice-Mayor Jones. The motion carried on the following 4-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Jones Yes Commissioner Flury Yes Mayor Anton Yes Mayor Anton reappointed Bill Winkelholz to another four year term on the Dania Beach Housing Authority. Commissioner Castro motioned to approve the re-appointment of Bill Winkelholz to the Dania Beach Housing Authority; seconded by Commissioner Flury. The motion carried on the following 3-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Jones Abstained Commissioner Flury Yes Mayor Anton Yes 13. Administrative Reports 13.1 City Manager Pato City Manager Pato noted that a small group of people will be meeting on Thursday, October 25, at 5:00 p.m. at City Hall, in an effort to revive the Main Street Program in Dania Beach. They are looking for volunteers and anyone interested should contact Clare Vickery at Grace Cafe and Gallery. 13.2 City Attorney Ansbro Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday,October 23, 2007—7:00 p.m. City Attorney Ansbro noted he was contacted by the attorney representing Broward International Commerce Center Inc., regarding clarification of the hours when the trucks could idle on the property. They requested an amendment to the Variance and Site Plan Resolutions adopted at the August 28, 2007 Commission Meeting to reflect the correct hours. Commissioner Castro motioned to amend the Resolutions as requested; seconded by Vice- Mayor Jones. The motion carried on the following 4-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Jones Yes Commissioner Flury Yes Mayor Anton Yes 13.3 City Clerk—Reminders Wednesday, November 7, 2007 —6:00 p.m. CRA Board Meeting Tuesday,November 13, 2007 — 7:00 p.m. Regular City Commission Meeting Thursday, November 15, 2007 —6:00 p.m. Abatement Hearing Tuesday,November 27, 2007 — 7:00 p.m. Regular City Commission Meeting 14. Adiournment Mayor Anton adjourned the meeting at 8:50 p.m. ATTEST: CITY OF DANIA BEACH LOUISE STILSON, CMC BOB ANTON CITY CLERK MAYOR-COMMISSIONER Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday,October 23,2007—7:00 p.m. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAWO FIRST NAME-MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION.AUTHORITY,OR COMMITTEE L l , MAILI G ADDRESS" THE BOAR COUNCIL,COMMISSION,AUTHORITY OR COMM17EE ON ,� �1�� �, , 9, i ly j WHICH I SERVE IS A UNIT0 vc- \ •NTY 1l1 V CITv ]COUNTY ❑OTHER LOCAL AGENCY CITNY.����i LC�lL NAME OF POLITICAL/S-UBDIVISInON. �Ln ry DATE IN WHICH VOTE OCCURRED ` /V! / 0/ �n MY POSI ION IS'. bd-ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee, It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position, For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than,a govemmerrt agency) by whom he or she is retained(including the Parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate, Commissioners of community redevelopment agenpes under Sec. 163.356 or 163.357, F.S.,and officers of independep�special tax districts elec4cl on a orie-acre, one,vote basis are not prohibited from voting in that capacity. 'v . . 1 , For purposes of this law, a 'relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate:means any, person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting;and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting,who should incorporate the form in the minutes. - - APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on other side) CE FORM SIB-EFF. 1/2000 PAGE 1 i APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes-A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, z 7 "✓�Y e �—+ 0459 hereby disclose that on-- L 3 d -------------------------- -- ---------------------------,20 ---- (a)A measure came or will come before my agency which(check one) ___ inured to my special private gain or loss; ___ inured to the special gain or loss of my business associate, __— inured to the special gain or loss of my relative, ___ inured to the special gain or loss of__________ ____ , by whom I am retained; or __. inured to the special gain or loss of___ _____ _ _ __ ,which is the parent organization or subsidiary of a principal which has retained me. / (b)The measure before my agency and the nature of my conflicting interest in the measure isas follows, `�J 1 C oK A LA-)r` t� t�GwLd� f-FouSn� 7w1�WJiTy .�� 44W0 lemo YS. �ec�tse� o �cssp P?►�r�ov Cow�x IeVs, H , �'$oPI /o m 5 a� y `Lrtow" I r --------------------------- � ------------------------- Date File Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM BB-EFF. 112000 PAGE 2 CITY OF DANIA BEACH Agenda Item # 7 e� Agenda Request Item Date of Commission Meeting: 10-23-2007 Public Hearing ❑ Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid IRFP ❑ Presentation ❑ Continued from: Requested Action 0066fty apptoptiateACtioit or Motion) Approval of engaging Tile by John Perry, Inc. for the installation of tiles in the City Hall's atrium aitcay Action is Necessary Cost exceed $15,000 1Nhaf Action Adcomplishes . Comply with City's purchase policy p0cfi ingi Requests ONLY Dept: 1800 General Administration Acct#: 301-1800-519.62-10 Amt: $21,777.00 Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑X Summary EtpianationlBackground. The Commission approved in August an amount not to exceed $80,000 for the renovation at the City Hall's atrium. Staff was able to obtain the tiles direct from the manufacturer for a cost of$14,990.33. Three written quotes were obtained for the installation. Each vendor came on site, however, provided different square footage of installation. A comparison of removal and installation were compiled based on cost per square footage is attached. Tile By John Perry, Inc. has the lowest cost per sq. foot. as well as for the job for a total cost of$21,252 for the removal and installing of the new tiles. Public Services Director has recommended to use the same tiles as the baseboard. An additional cost of$525.00 is submitted by Tile by John Perry, Inc. for the installation of the baseboard. Fiseai 'Mpagt osf Stiimmary .. $21,777 Exhibits Attached Resolution Quotes Comparison spreadsheet by sq. foot Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 11�tHorized Signatutes . . Submitted by Patricia Varney Date 11/02107 Department Director Date Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 11/02/07 City Attorney Thomas J. Ansbro Date 11/02/07 City Manager Ivan Pato Date 11/05J07 User Creating Item Item Name (do not use/or\ in name) Patty Varney Tile Installation CitQ,Clotk Ift Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-223 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE INSTALLATION OF A TILE FLOOR IN THE CITY HALL ATRIUM FROM TILE BY JOHN PERRY, INC. IN AN AMOUNT NOT TO EXCEED $21,777.00 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 Finance Department has obtained three written estimates for installation of a tile floor in the City Hall atrium; and WHEREAS, the City Manager has determined that such tiles can be installed at the least cost to the City from Tile By John Perry, Inc.; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Manager is authorized to pay Tile by John Perry, Inc. a sum not to exceed $21,777.00 payable from the Capital Projects Fund, for the installation of tiles and baseboard in the atrium of City Hall. 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#2007-223 A., �,il Ai =Insured 72 7064 M"9U 698 4503 PROPOSAL ] Nam; City Of Dania Beach 1InV# 1 2108 Client Address. Phone: Quanft Description Unit Price Total For the tear out and removal of the in dania bch. City WOO 5113 Hall Atium, $1.50 $7,669.50 1 Dust control $800.00 $800.00 5113 Install new the $2.50 $12,782.50 WOO WOO $0.00 $0.00 $0.00 Payment for tear out is on its completion $0,00 Balance on completion $0M $0.00 Sub total- $21,252M Payment Labor TOTAL $21,252.00 Sign: Deposit t tense&insured p�/� Mike9547727064 PROPOSAL Mike 954 59$A5Q3- ii tame: City of Dania Beach Inv # 2110 Client Address.` Phone• Fax: Quantity Description Unit Price Total 350 Install U13 inch base $1.50 $525.DO $000 $0m d ` Buts Eiitat $525.00 Payment Labor TOTAL $525.00 Sign. Deposit Balances TILE T. NE, iNC Quote 4371 IOW 347" LANL —_ FT. LALtDHOALE, FL 33112 Date tlaote� SOi3U Q? 305-305-5264 954-991-8272 (fax) titll!o City of Dania Reach 100 W- Dania Beach Blvd Dania Boacch. Florida 33004 Attention_ Nanci Dctmy Ucvcrihtaan .__ Amount TILE tNSTAI.I.ATIQN 5W PORCELAIN TILE. 111.865.00 SI 11'1NCi .MA I-ERIAIS silt FXPLNSl S TILL BPdIOVAI, 7,61<.aU WORK IN CARPET AREA C1fl fN) i t I T}tanit;uu TOW $34,2jmml 0Ili t4 1!b Wsto Flooring Inc. Not . .. i 45"Stinscn W y.S(1$t 3D7.West Paim Beach, Flo6da 3:341 t lTh p-^ (551, 7Z',9,500� Fax, (965) 771-9, S Ravisw PM Asa# Data:Odcber 25,2M7 Ph"k$54-92d-3874 F.ax# At lh1: ia6aor osy fo k 41e eha(ptknNA groutjokks 2.50 AM.00 Tile kM by othn CUS600 Flow"Is not ootpooMbis to M4640 to }oEetkb at any shMleg"of molvol l oweopiianat dwww jrtstwwmm inchmm O*a mxiww 0% limou and lobes 5")Ryrup and dbpow dorm Wyer de' 11e only 1.75 U25.00 Ado isi mtdtketodoupdhsadsdwilbeSI.T5put sgmwo ttwf.T>ds is not included In Sid tSON4 g agsnttor we 150.00 500 ftUp arld Stixlse oferas5ng ISMMAW US 62b.00 Sm work in a"whwe I was Tipped W 1,75 g75 00 kt mist atom NomsWNft W each dump 375:00 work# is nM Included io Oft tad TDD OPWIML T"OVVR TICS OWAd.LATM T>ka ow toe using tmr thirmst Ad"voml ,AA formoWpow ftwo trot WOoded In W If you maNd No mwlps insbrAbod, delase me die rip up eW Noftd above. Bww-k nocded for 1e ovor we.I AOftorW S SM.Ao AM kmkoOod in bid mmwd for go*wt)oin lehon.We*0 mmo as do"ae AdMNNW S .AA not Inducted In bid ooft that Custom mooring ao fmt 1lueranNetlk lowallMon itlrlsUlIftlifeovwWe S�C tseposd doe to ordo mONW and whod ulo job a wbww _ s� o oo 26%Dopautk Om upon 4*Vmy of msoerlai to job tapafrtdwr 9.iq 2M flips Wsm row 29A50.W 13p sa this pmpmw,you wx*all tomm and 'a Foot. Pioaao xign L Us bsdk,%�1*1)721-SM �. Unit Tile by John Perry Inc. Tile Line, Inc. Custom Flooring Inc. Removal of Tiles @ sq.ft. $1.66 1.43 1.75 Installation of Tiles @ sq.ft. $2.50 4.92 2.5 Total Cost @ sq.ft. $4.16 $6.35 $4.25 CITY OF DANIA BEACH Agenda Item # /. 3 Agenda Request Item Date of Commission Meeting: 11-13-2007 Public Hearing ❑ Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid 1RFP ❑ Presentation ❑ Continued from: Regtlested�/�1;t1oY1` (1deN�yVOW nateitcgtt1t4tf4r!)':i _ A one-time adjustment to City Manager's expense account. Why Action is'Neclessaty What ACt on Accomplishes Purchasirigftegtiests OMLY Dept: 1201 City Manager Administration Acct#: Amt: Fund: General: X water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Surrtmaiy'�7CPl4,Aatton/9 t♦$gtoond See attached memo Fiscal Impact/Cost Summary $1,080. Exhibits Attidifed. Staff Memo Resolution Exhibit 1 Exhibit 2Own Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Authorized Stgetatures Submitted by Patricia Varney Date 11/02/07 Department Director Date Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 11/02/07 City Attorney Thomas J. Ansbro Date 11/02107 City Manager Ivan Pato Date 11/05/07 User Creating Item Item Name (do not use/or\ in name) Patty Varney City Manager's tax liability C.ity Cietk Use Commission Action: Approved: 7 Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-224 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,AUTHORIZING A ONE TIME ADJUSTMENT IN THE AMOUNT OF$1,080.00 TO BE PAID TO THE CITY MANAGER FOR TAXES INCURRED AS A RESULT OF PROVIDING THE CITY MANAGER A TAKE HOME VEHICLE PURSUANT TO THE CITY MANAGER'S EMPLOYMENT CONTRACT FOR CALENDAR YEAR 2007;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That a one time adjustment of$1,080.00 for calendar year 2007 to be paid to the City Manager, Ivan Pato, due to the tax liability incurred pursuant to the City Manager Employment Contract as a result of providing the City Manager a take home City vehicle is authorized. Section 2. That all 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 CITY OF DANIA BEACH DEPARTMENT OF FINANCE MEMORANDUM TO: Mayor & Commission Memo: DFA-07-31 FROM: Patricia Varney, Director of Finance DATE: October 31, 2007 SUBJECT: City Manager's taxes liability on take home vehicle Under the City Manager's contract, it is agreed upon that a take home vehicle is to be provided to the City Manager. The City has been reporting this benefit using the "commuting rule", which equates to $3.00 per day. I attended an Internal Service session last Thursday and was made aware that due to the current salary of the City Manager, he is classified as "control employees" and cannot utilize the "commuting rule". The City will have to calculate this benefit using the "Lease Valuation Rule". Based on this rule, the benefit to be reported to the IRS for calendar year 2007 is approximately $4,210.00. The City Manager will incur a tax liability of approximately $1,080 before the end of this calendar year. A request for a one-time adjustment to the City Manager's expense account in the amount of $1,080 to offset his liability for calendar year 2007 is made to the Commission for approval at the November 13 meeting. This amount is funded from the voluntary forfeiture of COLA by the City Manager that was original budgeted in the FY 2008 budget. CITY OF DANIA BEACH !rL Agenda Item # Agenda Request Item Date of Commission Meeting: 11-13-2007 Public Hearing ❑ Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: .RequestedActfori, m {ld61- tygp- diteiicEtoikurlfi t nj; Approval of Lease Agreement with Toshiba Business Solutions for the Lease of a Toshiba Copier for the Community Development/Builicing Departments. Wtiy Rctforr is Necessary Xerox lease expires December 2, 2007. After receiving quotes from both Xerox and Toshiba (both under Broward County School Board pricing),Toshiba is the least expensive and more responsive of the two. 4VhatActior Accomplishes Replacement lease for copy machine services with maintenance included for 60 months Lease cost will be split between Community Development 1501 and Building 1502 Departments Purcftastng!Requosts ONLI' . Dept: 1501 Comm Dev Code Planning Occ Licenses Acct#: 001-1501-515.44-10 Amt: $6,023.00 Fund: General: ❑X water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ 5tirfllrYla Ullh.P Yana#ii>n/Bat 9ttt r Copy machine necessary for day to day reproduction, printing and records request services. Ptscal impact/Cos#Summary, �xhrbifs Atfached: t Resolution Toshiba Lease Agreement Exhibit 1 Exhibit 2arm Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 /ti11#bCr tZed;SrQtlatut�s Submitted by LOU ANN CUNNINGHAM Date 11/06/07 Department Director Laurence G. Leeds, AICP Date 11/06107 Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 11/06/07 City Attorney Thomas J. Ansbro Date 11/06/07 City Manager Ivan Pato Date 11/07/07 User Creating Item Item Name (do not use/or\ in name) LouAnn Cunningham CD TOSHIBA LEASE AGREEMENT >k ,+';•_ ` „_._ rG> �, ,.,. Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-221 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A FIVE YEAR AGREEMENT WITH TOSHIBA BUSINESS SOLUTIONS FOR THE LEASE OF A TOSHIBA MODEL e4500c COPIER IN THE AMOUNT OF $501.91 PER MONTH FOR A PERIOD OF 60 MONTHS INCLUDING MAINTENANCE UNDER THE SCHOOL BOARD OF BROWARD COUNTY CONTRACT NO. 27-100B 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), 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 if such purchases are made pursuant to a competitive bid obtained within the last twelve (12) months by other governmental agencies such as the federal government, state of Florida or a Florida county or municipality; and WHEREAS, the City Manager has determined that it is necessary to lease a copier for day to day City operations; and WHEREAS, the City Manager has determined that the Toshiba model e4500c best meets the needs of the City and that it can be leased under the School Board of Broward County Contract No. 27-100B valid through March 18, 2012; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Manager is authorized to execute an agreement between the City of Dania Beach and Toshiba Business Solutions, a copy of which agreement is attached as Exhibit"A", funded under the General Fund. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on . BOB ANTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2007-221 TO S H I BA CUSTOMER AGREEMENT 82278 BUSINESS SOLUTIONS MA LES REP E SALES REP NO. WTE / ORDER STAGE NO. FlorMa Y O N {' I ACCOUNT NEW 0 EXISTING NATyR[.QF BUSINESS E-MAIL ADDRESS ACCOUNT NO. D V QzOL Mill COMPANY CONTACT ADDRESS 1 cm COUNTY COUNTY 991 PHONE FAX STATE DP v• MW ^� EOUIPMENT S I 1 21 S t i 5 3 p 8 T 8 9 10 n It Out ofpdoryservice area ❑Servicing Dealer ❑Originating Dealer 6 BIIII rfomled b . nSi PURCHASE With Credit Approval O Cash Net DUe On Deawry LEASE O RENTA4TERM5 Credit Card No. EW DMe No.of Mondm PO Na s Monthly Payment plus tax. $ First&LeM_months rent. F CK No. $ $ Security Deposit O Stan ❑Ramp O Dock PAYOFF 7O: � Check Request Form Required Y/N GEM Express I- •� Delivery Dab: BUYOUT(Quote Requirett) Contract wS V W Specie Inetruc9 UPGRADE Y/N ❑ Account Num1w ACCEPTANCE:THIS AGREEMENT IS NOT VALID UNLESS SIGNED BY AN OFFICER OFTOSHIBA x r BUSINESS SOLUTIONS. SAL ESENTATVE AUTHORIZEO CUSTOMER SIGNATURE x If x OFFICER APPROVAL MANAGERS APPROVAL PRINTED CUSTOMER SIGNATURE CORPORATE OFFICE MWAFDAOE BRANCH DORAL BRANCH WEST PALM BEACH ORLANDO BRANCH TREASURECOASTBRANCH 6401 Not,Nil Rood 6S25 Miami Llule Drive 6468 S.W rich Strain 140c Cemreperk 8lvo..Suxe 909 2815 Direclon Row 6T00 151 SW Poe SL Lcie SNd. Temerac,FL 33321 MIw18Laku,FL3301• Miami,FL931M WWPMm Eeech,FL33401 Odando.FL32809 Pon St.L .FL 34984 Mein(964)•26-1300 WIn(?M W9 1002 MMn Lra6)2ueMo Win(561)6M-2500 Mtln(407)6 1110 MeM um a nswin" Fu(964)66MST0 Fu(306)TT241941 Fu(966)666 l Fax(561)91"696 Fu(407)$16-1511 Fa(Tr2)aT"M TO S H I BA MAINTENANCE AGREEMENT o BUSINESS SOLUTIONS 82278 MIA �S REP NA)11E'•, SALES REP NO. DATE ORDER STAGE NO. Florida Y O N 14 l I i r f '1/i Jf� ` el I h ACCOUNT �I NEW ❑EXISTING NATURE OF BUSINESS �.� - V E#WLADDRESS ACCOUNT NO JrAnCT l ' 410 COMPANY CONTACT t )• i .ADDRESS CITY COUNTY OOIINTY Y ( ( i 1 PHONE FAN STATE 211 a x . ' 1. • ( P i 5 e 7 8 B 10 11 If out Of service area Billing performed ❑ Servicing Dealer ❑Originating Dealer MAINTENANCE AGREEMENT COPIER 3 FAX PLAN TYPES $ 3 y PINrs A Covers parts,Mbor,drums,PM kite and tenter Equipment Line No. I (excludes paper,stapes,color tonero,opdonel color unite a shipping) is covered by plan: p b B Covers parts,labor,PM kles,drums only(excludes papa,toner,staples a shipping) at a Base Rate of: $ r $ $ C Covers parts and labor only(edudes drums,paper,tong,PM kite,staples d shipping) to billed(interval): R t o D )Covers parts,labor,drama,PM kite and color loner(secludes paper,staples 5 shipping) includes allowable copies of:ng) I E External Fiery/contrcier parts and labor only Excess copies will be billed ^�N\—t F Excluded,not covered under any Service program r at a per copy price of: 0 / D1 G Covers parts and labor for non copies equiprnenl(excludes apples and shippirng) PERFORMANCE GUARANTEES Equipment Guarantee•The equipment specified above Is conditionally wemenled by Toshiba Business Solutions for as long as the above described Company shall own the machine, Provided the Is covered by a Toshiba Bu Scludii mWntenalce and support Program.The wanenly shall cover the plan ndNsted and Is subject to the terms and conditions on the reverse aide. RePWmr*M Guaentee•If the equipment specified above Is covered by Toshiba Business Solmons maYaertance agraturien11 and becomes unrepairable within 36 months from she data of the agreement,we will tapece it with a piece of similar or Ike equipment at ro additional charge. I have reviewed Toshiba Business Solutions Maintenance Agreement I he"reviewed Toshiba Business Solutions Maintenance Agreement Pro- Programs above and on the revenue side of this documma,and DO grams and DO NOT want to participate at this time. wish to participate at this lime. X x CUSTOMER SIGNATURE AUTHOR¢EDCUSTOMER SIGNATURE ACCEPTANCE:THIS AGREEMENT IS NOT VALID UNLESS SIGNED BY AN OFFICER OF TOSHIBA BUSINESS SOLUTIONS. x x PRINTED CUSTOMER SIGNATURE OFFICER APPRi Ail transactions from the 25th to the 31 at of the month shall be prorated to the 15th of the following month. T1uj s'r TheNature , rluduban UnServan ✓ �� LAND I)LIC bnvaw rvsuaT�moo»�,N fi_a yr b PA&S A.AS000tT10N FLORIDA FOREVER COALITION PROPOSES SUCCESSOR PROGRAM OCTOBER 22, 2007--- The following is an outline of legislation-- to reauthorize and expand the Florida Forever Program-- proposed today by the Florida Forever Coalition. FUNDING • A combination of cash and bonding authority for a ten year period • Starting at the level of funding of$600 million per year • Graduated to increase to $900 million after P2000 bonds are retired. EXISTING STATUTORY ALLOCATION OF DOCUMENTARY STAMP TAX REVENUE • 35% for DEP Division of State Lands • 35% Water Resource Protection • 22% Florida Communities Trust (FCT) • 2% Florida Recreation Development Assistance Program (FRDAP) • 6% allocated towards inholdings and additions and greenways and trails. PROGRAM COMPONENTS L Division of State Lands: A new Selection Process based on a multi-tiered work plan with the following categories. The work plan includes a transparent ranking system. A. Best available science will guide acquisition of environmentally sensitive lands—priority list. B. Partnership Category/Regional Incentives. 1. Regional Incentive Component—This category would provide for local and regional cost-share projects where additional points are given for parcels identified in a regional visioning process. 2. Bargain/Cost-Share Category—This category includes targeted environmental lands where the opportunity exists for a substantially reduced price through shared or alternative funding options. C. Climate Change—parcels identified for benefit in adapting or mitigating for climate change and which otherwise meet objectives of program. D. Rural and Working Lands Projects and Program-- Incentives for Easements E. Substantially Complete category for land acquisition of parcels necessary to complete projects. IL Water Resource Component A. Focus on the acquisition of land to protect water resources. 1. Wetlands 2. Springs 3. Riparian Corridors 4. Recharge Areas B. Funds may only be used for full fee or less than fee purchase of lands or those restoration activities that improve the ecological functioning of land and water. 1. Return Water Management Trust Fund criteria to Preservation 2000 uses. 2. Change the allocations so higher percentage goes to the Northwest Florida Water Management District and Suwannee River Water Management District. 111. Florida Communities Trust A. Provide incentives in ranking for land that is identified in a regional conservation lands plan compiled as part of regional visioning process. B. Provide increased emphasis on projects that provide water access to the public. IV. Florida Recreation Development Assistance Program (FRDAP) A. Increase the cap on the number of projects that can come from one area. B. Maintain FCT funding. V. Inholdings and Additions/Office of Greenways & Trails—increasing emphasis on ecological corridors. VI. Land Management A. Need to increase funds for land management 1. Increase the funding for land management based on need determined by the amount and type of land to be managed. 2. Increase the allocation of water management district land management funding that goes to the Northwest Florida Water Management District. B. Provide for options for land management by nongovernmental entities—e.g. leases with ranchers for grazing. C. Better land management coordination and sharing of resources between agencies and through the use of public and private partnerships. Contacts—Florida Forever Coalition Steering Committee Audubon of Florida Eric Draper 850-251-1301 Defenders of Wildlife Sue Mullins 850-590-8000 Florida Recreation and Park Association Eleanor Warmack 850-878-3221 Florida Wildlife Federation Preston Robertson 850-656-7113 1,000 Friends of Florida Charles Pattison 850-222-6277 The Nature Conservancy Janet Bowman 850-251-9406 The Trust for Public Land Andy McLeod 850-443-4966 2 RESOLUTION NO. 2007-222 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA SUPPORTING ADDITIONAL STATE FUNDING FOR THE "FLORIDA FOREVER" PROGRAM AND THE CREATION OF A SUCCESSOR PROGRAM; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the "Florida Forever" program and its predecessor Preservation 2000 program have immeasurably contributed to environmental health, quality of life, recreation, and sustainability in Florida for this and future generations; and WHEREAS, Florida Forever has acquired over one million acres throughout Florida since 2000 and allocates $300 million annually to purchase and restore environmentally sensitive and outdoor recreation lands, and has done so through numerous successful partnerships with cities, counties, state agencies, water managements districts, nonprofit organizations, private landowners, and others in achieving its conservation purposes; and WHEREAS, Florida Forever, through the Florida Department of Environmental Protection, Water Management Districts, Division of Forestry and others, produces benefits that include clean air and water, healthy fisheries and wildlife habitat, improved water supply protection, and protected open spaces including greenway corridors, recreational and park lands, forests, and water bodies; and WHEREAS, Florida Forever, through the Florida Communities Trust, has assisted Florida's cities and counties in protecting their cultural and historical resources, meeting the challenges of growth management, and providing recreational outdoor experiences in both urban and rural settings; and WHEREAS, Florida Forever has helped to save many of Florida's beaches, rivers, bays, forests, coral reefs and estuaries that provide the foundation for our $3 billion tourism industry that attracts more than 80 million visitors each year; and WHEREAS, Thirty Florida local governments have enacted land acquisition financing programs in the past decades, and these conservation programs serve to leverage Florida Forever funding and increase the impact of State land conservation funding; and WHEREAS, Florida is experiencing rapid population growth, with approximately 1,100 new residents every day, and Floridians demand a high quality of life that includes clean water and air, green open space, access to water and recreational opportunities; and WHEREAS, Florida Forever and other land conservation programs must compete in Florida's market of surging land and housing prices; and WHEREAS, the effectiveness of Florida Forever has diminished because of escalating land prices and the impacts of inflation; and WHEREAS, the funding for the Florida Forever program will sunset in 2010 and maybe substantially exhausted prior to that date; and WHEREAS, research by the Florida Forever Coalition has found that well in excess of $10 billion in State funding is currently needed to purchase wildlife and wilderness areas, parks and open space for our state's ecological sustainability and increasing human population; and WHEREAS, research by the Florida Forever Coalition has also found that additional billions of dollars in local funding is necessary in order that cities and counties can protect additional wilderness areas, parks, recreation areas and open space, in ways fully complementary with those of the State; and WHEREAS, a 2005 public opinion survey conducted by members of the Florida Forever Coalition found that 78% of Florida's voters approve of the Florida Forever program; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Commission supports an increase in the state funding allocated to Florida Forever. 2 RESOLUTION#2007-222 Section 2. That the City Commission declares its support to the State of Florida Legislature for the creation and funding of a successor program to the Florida Forever program. Section 3. That the City Clerk is directed to distribute certified copies of this Resolution to the members of the Broward County Legislation Delegation advocating additional funding for the "Florida Forever" program as well as the creation and funding of a successor program to Florida Forever. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall be in force and take effect 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 CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 3 RESOLUTION#2007-222 CITY OF DANIA BEACH Agenda Item # / • r Agenda Request Item Date of Commission Meeting: 11-13-2007 Public Hearing ❑ Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid 1RFP ❑ Presentation ❑ Continued from: Requested Action (tden*ty ppr9ptiafeActi000rMotioo) Declare City's assets as surplus property Why Action is Necessary To place items for on-line auction What Action Accomplishes Comply with City's code of ordinance Purdiasing;Requests ONLY Dept: 1701 Finance Accounting Acct#: Amt: Fund: General: ❑X Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary Explanation/Backgrond Assets no longer in use by City F*411 Irnpad(CostS>rmmary . '. Exhibits:Attached Resolution Appendix A Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Auttiarized Signatures Submitted by Patricia Varney Date 11/06/07 Department Director Date Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 11/06107 City Attorney Thomas J. Ansbro Date 11/06/07 City Manager Ivan Pato Date 11/06/07 User Creating Item Item Name (do not use/or\ in name) Patty Varney Additional surplus City Clerkllsla.. Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-226 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, DECLARING CERTAIN PERSONAL PROPERTY TO BE OBSOLETE, SURPLUS, AND OF NO FURTHER USE TO THE CITY OF DANIA BEACH; DECLARING THE INTENT OF THE CITY TO DISPOSE OF SUCH PROPERTY AT THE DIRECTION OF THE CITY MANAGER; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Commission has determined that the property listed on Attachment"A" is declared to be surplus and of no further use to the City of Dania Beach. Section 2. That the City Manager is authorized by the City Commission to dispose of such property in any manner or method which he determines will generate the most revenue to the City. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on 12007 BOB ANTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY Attachment "A" 1. Motorola Rapid Radio Chargers (2) s/n: 020569 and 019572 2. Motorola Battery Chargers (2) model: NTN4881B 3. General Electric Radio Charger s/n: 19D423169G 4. General Electric Mastr Radio s/n: 242422148 5. Motorola MT500 Radios (2) s/n: 019990 and 020565 6. Motorola Radius P110 Radio s/n: 188FTLB878 7. Quest 215 Sound Meter s/n: DER13877 8. Keystone 130 Camera s/n: A145684 9. Konica TC-35MM Camera s/n: 019270 10. Nortel or Alltel 1 Line Phones Model 9316 CW(23) 11. Nortel or Alltel 2 Line Phones Model 9417 CW (25) 12. AT&T 4 Line Phone 13. Alltech 5 Line Phone (2) 2 RESOLUTION#2007-226 -7�- 7 7 RESOLUTION NO. 2007-227 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA URGING THE MEMBERS OF THE UNITED STATES CONGRESS TO RE-ENACT THE FEDERAL ASSAULT WEAPONS BAN (AWB); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Federal Assault Weapons Ban, a subtitle of the Violent Crime Control and Law Enforcement Act of 1994, "sunset"on September 13, 2004; and WHEREAS, the criminal investigations chief of the Orange County, Florida, Sheriffs' Department, says deputies are now "frequently" encountering assault weapons in local robberies and during simple traffic stops; and WHEREAS, available studies suggest that attacks with such weapons equipped with large capacity magazines result in more shots fired, more persons hit, and more wounds inflicted per victim than do attacks with other firearms; and WHEREAS, the Brady Center to Prevent Gun Violence examined the impact of the Assault Weapons Ban in a 2004 report, which found that "since the law's enactment assault weapons have made up only 1.61% of the guns ATF has traced to crime — a drop of 66% from the pre-ban rate" and that the Act prevented 60,000 assault weapon crimes over its 10-year period; and WHEREAS, among the many law enforcement organizations that supported the ban are the Law Enforcement Steering Committee, the Fraternal Order of Police, the National Sheriffs' Association, the International Association of Chiefs of Police, the Major City Chiefs Association, the International Brotherhood of Police Officers, the National Association of Police Organizations, the Hispanic American Police Command Officers Association, the National Black Police Association, the National Organization of Black Law Enforcement Executives, the Police Executive Research Forum and the Police Foundation; and WHEREAS, according to the Brady Campaign to Prevent Gun Violence, assault weapons are "nothing more than `cop-killer guns"'; and WHEREAS, several members of the South Florida law enforcement community have been injured in the line of duty, or murdered within the past twelve to eighteen months as a result of such weapons; 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 urges the members of the United States Congress to support the reenactment of the AWB, as proposed in HR 1022 sponsored by Representative Carolyn McCarthy of New York. Section 2. That the City Commission also urges the members of the Florida Legislature to consider the enactment of such a ban within the State of Florida, similar to the legislation adopted by the states of California, Connecticut, Hawaii, Maryland, Massachusetts, New Jersey and New York. Section 3. That the City Clerk is directed to distribute certified copies of this Resolution to U.S. Senators Nelson and Martinez, as well as to members of the U.S. House of Representatives whose Districts include Broward County, and to the members of the Broward County Legislation Delegation. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. 2 RESOLUTION#2007-227 Section 5. 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 3 RESOLUTION#2007-227 - CITY OF DANIA BEACH Agenda Item # /. V Agenda Request Item Date of Commission Meeting: 11-13-2007 Public Hearing ❑ Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: Request®d'.A�#iar4 {tdenflIt ...p.. 8'teAdWnorMahon} Executes an Agreement for MOST Grant and approves engaging ASP for contracutal services to be provided for afterschool program Why kC#l00 N®C SS rY Required by Grant agreement YYiat kct]on Accomplishes Obtain grant funding PutcttaSin Requestto 0WY Dept: Acct#: Amt: Fund: General: ❑X water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary'�zptanaticnMaickgmitrfdfl This is the last year of the MOST grant which provides $109,593 from the Children Services Grant to fund the afterschool program. It requires a cash match by the City of$33,841 and an in-kind match of$29,192. Staff is requesting to eliminate the surveillence camera system at Frost Park as currently a system has been in place for about two years and Frost Park experienced the least amount of vandalism. This will release $55,000 back to the Law Enforcement Trust Fund which the City can utilize to fund the in-kind match requirement of the 07 school year (October 1, 2007 to June 30, 2008) .Fiscal ll OOVlCost:3umt�lat�r. $33,841 City's Match WIIW Attasbed Resolution Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Atls�teed SaghatuFasAA Submitted by Mark Felicetty Date 11/06/07 Department Director Kristen Jones Date 11/06/07 Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 11/06/07 City Attorney Thomas J. Ansbro Date 11/06/07 City Manager Ivan Pato Date 11/07/07 User Creating Item Item Name (do not use/or\ in name) Mark Felicetty Afterschool Program si Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-228 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A RENEWAL OF AN AGREEMENT WITH THE CHILDREN'S SERVICES COUNCIL OF BROWARD COUNTY UNDER THE M.O.S.T. (MAXIMIZING OUT-OF-SCHOOL TIME) GRANT PROGRAM; APPROVING ENTRY INTO AN AGREEMENT BETWEEN AFTER SCHOOL PROGRAMS, INC. AND THE CITY OF DANIA BEACH, IN CONJUNCTION WITH THE GRANT AGREEMENT, TO PROVIDE AFTER SCHOOL PROGRAM STAFFING SERVICES, INCLUDING, BUT NOT LIMITED TO ADVERTISING, INTERVIEWING, PROVIDING REQUIRED SCREENING AND TESTING SERVICES, AND REPLACEMENT OF CANDIDATES, UNDER THE SUPERVISION OF THE CITY OF DANIA BEACH PARKS AND RECREATION DEPARTMENT; CONFIRMING THAT SPECIAL CONDITIONS EXIST IN ORDER TO SECURE SUCH SERVICES WITH AFTER SCHOOL PROGRAMS, INC., 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; and WHEREAS,the City Manager has determined that it is advantageous for the City of Dania Beach to apply for the contribution of funding through the M.O.S.T. (Maximizing Out-of-School Time) grant program offered by the Children's Services Council of Broward County; and WHEREAS, specific requirements of the agreement must be met and these services can be provided by After School Programs, Inc. for the Fiscal Year 2007-2008 (October 1 to June 30, 2008) after school recreational program, which will coincide with the Broward County School year, including early release days, and "no school" days; and WHEREAS, the grant will provide up to $109,593.00 of the total costs for the programs with a match from the City in the form of in-kind services in the amount of$29,192.00 and a cash match of$33,841.00 for a total City's Match of$63,033.00; and WHEREAS, the City Manager has recommended that the renewed contract with After School Programs, Inc. must be contingent on extension of the M.O.S.T. grant and provided for a term of one year, with the option to renew for a final additional one year period; 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, approves the execution of the Children's Services Council of Broward County M.O.S.T. grant agreement in conjunction with the agreement with After School Programs, Inc. for after school program staffing, copies of which agreements are attached as Exhibits "A" and `B" respectively, to this Resolution. Section 2. That the proper City Officials are authorized to execute the M.O.S.T. agreement, and the agreement with After School Programs, Inc. and the City Manager and City Attorney are authorized to make revisions to such Agreements as are deemed necessary and proper and in the best interest of the City. Section 3. That upon execution of the agreements the Finance Director is authorized to appropriate the budget by the award amount in both the grant revenue and the expenditure accounts and to appropriate the cash match from the Law Enforcement Trust Fund. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. 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#2007-228 AGREEMENT Between Children's Services COUNCIL of Broward County and City of Dania Beach for M.O.S.T. /P.O.W.E.R. Program #05-2823 PROGRAM CONTRACT NUMBER This Agreement entered into this 1st day of October, 2007, by and between the CHILDREN'S SERVICES COUNCIL, an independent special tax district of the State of Florida, hereinafter referred to as "COUNCIL," and City of Dania Beach, a Florida Municipality, hereinafter referred to as "PROVIDER." WHEREAS, this Agreement will enable PROVIDER to provide services, not otherwise funded by any other public funding source; and WHEREAS, funding given to PROVIDER has been found and declared to be for a public purpose. NOW, THEREFORE, the parties agree as follows: I. TERMS OF AGREEMENT The COUNCIL exercises its final renewal option for the period of October 1, 2007, through June 30, 2008. The Agreement may not be renewed for an additional term. The current Renewal Option period shall be referred to as the "Agreement Term II. SCOPE OF WORK 1. PROVIDER agrees to provide the services and meet the outcome measures set forth in Exhibit A, Scope of Work. 2. PROVIDER agrees to attend seminars and/or training sessions as requested by Contract Administrator. 3. PROVIDER agrees to comply with the Monitoring/Reporting Requirements specified in Section V of this Agreement. 4. Background Screening: the PROVIDER shall comply with the requirements for background screening as mandated in Section 435, Florida Statutes. Provider: City of Dania Beach M.O.S.T. 2005 Contract#: 05-2823 Renewal: FY 06/07 1 III. ORDER OF PRECEDENCE The Bid Solicitation and PROVIDER Proposal Response are hereby incorporated by reference as a part of this Agreement in the following Order of Precedence: Executed Contract, Bid Solicitation Requirements, PROVIDER Application for Funding. IV. FUNDING AND METHOD OF PAYMENT 1. The annual maximum amount payable by COUNCIL to PROVIDER for the term under this Agreement shall be $109,593.00 ('Contract Amount"). 2. PROVIDER agrees to provide a COUNCIL-required Match in the amount of $63,033.00 for the period of October 1, 2007, through June 30, 2008, in accordance with the Requirements specified in the Application for Funding, hereby incorporated by reference. 3. The COUNCIL agrees to pay for units of service or other deliverables actually provided, invoiced and documented as specified in Exhibit A, Scope of Work. An original invoice, in the format prescribed by the COUNCIL, is due on or before the tenth (101h) day of the month following the month in which services were rendered. COUNCIL agrees to reimburse PROVIDER on a monthly billing basis. In order to be deemed proper as defined by the Florida Prompt Payment Act, all invoices must comply with the requirements set forth in this Agreement and must be submitted on the forms as prescribed by COUNCIL. Invoices and/or documentation returned to PROVIDER for corrections may be cause for delay in receipt of payment. Late submission may result in delay in receipt of payment. COUNCIL shall pay PROVIDER within thirty (30) calendar days of receipt of PROVIDER'S properly submitted invoice. 4. The PROVIDER shall submit the invoice for the end of the COUNCIL'S fiscal year, September 2008, for payment to the COUNCIL no more than fifteen (15) days after the last day of the month the contract is terminated. If the PROVIDER fails to do so, all rights to payment are forfeited and the COUNCIL will not honor any requests submitted after the aforesaid time period. Any payment due under the terms of this contract may be withheld until all reports due from the PROVIDER are received by the COUNCIL and any necessary adjustments thereto have been approved by the COUNCIL. 5. In the event this Agreement provides for more than one service or program, the Contract Administrator may shift funding between services and/or program(s) components, at any time, upon written notice to PROVIDER; however, Contract Administrator may not increase funding in excess of the Contract Amount and the total of these adjustments shall not exceed twenty percent (20%) of the total Contract Amount. 6. Submission of accurate, timely documentation and other requested information as required by COUNCIL shall be considered a factor in evaluating future funding Provider: City of Dania Beach M.O.S.T. 2005 Contract#: 05-2823 Renewal: FY 06/07 2 requests. Invoices and/or documentation returned to PROVIDER for corrections may not be considered as submitted and shall be cause for delay in receipt of reimbursement. 7. PROVIDER attests to COUNCIL that no other reimbursement is available or used for invoiced services unless expressly authorized by COUNCIL. This Agreement specifically excludes Medicaid covered services provided to Medicaid certified clients. PROVIDER shall bill and pursue collection of third party and client payments (where applicable) for services rendered under this Agreement. In the event COUNCIL pays PROVIDER for a service that later becomes eligible for Medicaid or other third party coverage, then PROVIDER agrees to deduct the amount paid by COUNCIL on its next invoice. In the event the PROVIDER has submitted a final invoice, PROVIDER shall reimburse COUNCIL in the amount received by Medicaid or other third party payor within (30) days of receipt of that Medicaid payment. Additionally, the PROVIDER must note in the client file the date when clients become eligible for Medicaid or other third party payor. PROVIDER shall keep accurate and complete records of any fees collected, reimbursement, or compensation of any kind received from any client or other third party, for any service covered by this Agreement, and shall make all such records available to COUNCIL upon request. PROVIDER shall report such fees; reimbursement, compensation or funding to COUNCIL for such payments received which will be deducted from PROVIDER'S invoices. 8. No capital equipment shall be purchased under this Agreement. Capital equipment is defined by the Florida Statutes, Chapter 274, as items with a value greater than $750 which have a life expectancy of more than one year. 9. PROVIDER shall submit a W-9 IRS form providing the name, address and Federal I.D. Number of the official payee to whom payment shall be made. 10. It is PROVIDER'S responsibility to advise the Contract Administrator, in writing, of changes in name, address and/or telephone number. V. MONITORING, REQUIRED RECORDS AND REPORTS 1. MONITORING: PROVIDER agrees: a. To assign appropriate staff as necessary to attend meetings with COUNCIL staff to discuss issues and recommendations concerning quality of service; service delivery systems, coordination of services, consumer satisfaction, records maintenance, and funding maximization, etc. b. To provide full access at administrative and service delivery sites to COUNCIL during all announced and unannounced visits, for the purpose of examination of records and data covered by this Agreement as well as observation of service delivery, and consumer/PROVIDER staff interaction. COUNCIL and PROVIDER shall maintain the confidentiality Provider: City of Dania Beach M.C.S.T. 2005 Contract#: 05-2823 Renewal: FY 06/07 3 of Client services and records in full accordance with any federal or state laws or federal regulations mandating such confidentiality. C. To make all records and files pertaining to Clients subject at all times to inspection, review and/or audit by COUNCIL. d. That, if documentation is not readily available, then payments may be suspended until such time as PROVIDER has rescheduled another monitoring appointment to occur within thirty (30) days. e. To respond to any monitoring findings within the time frame specified therein, that back-up documentation to be used to support the billings and outcomes provided shall be approved in writing by Contract Administrator. f. That findings of monitoring reports, responsiveness to corrective action, and all the performance requirements of this Agreement and timeliness of requested information shall be considered factors in evaluating future funding requests. g. To provide COUNCIL access to records and client files developed relevant to this Agreement regarding assessment of Outcomes beyond the expiration of this Agreement, as applicable. h. Any monitoring reports and/or accreditation reports from other agencies or funding sources for similar services provided shall be submitted to COUNCIL within thirty (30) days of receipt. Such reports shall be sent to Contract Administrator. 2. REPORTS: PROVIDER agrees: a. PROVIDER agrees to comply and participate in any data collection as required by the COUNCIL. Also, PROVIDER agrees to furnish COUNCIL with any and all reports required in this Agreement within the accompanying time requirements as noted. b. In the event services similar or identical to those covered under this agreement are purchased and/or subsidized in whole or in part by another public or private funding source, notice of funding specifics shall be submitted to the Contract Administrator. c. Statistical Demographic Report: The PROVIDER agrees to maintain and report monthly (where applicable), information on overall Client demographics which includes social security number, age, gender, race, ethnic origin, parental marital status, education levels and status in the format provided by, or approved in writing by, the COUNCIL. PROVIDER agrees to track overall Client household income, other benefits received, types of services provided, and other information as required by the COUNCIL. Provider: City of Dania Beach M.O.S.T. 2005 Contract#: 05-2823 Renewal: FY 06/07 4 d. Client Satisfaction Surveys: The PROVIDER agrees to furnish the COUNCIL with compiled results of any and all Client Satisfaction Surveys administered by the PROVIDER. Survey reports shall include the total number of surveys administered/mailed and the total number of surveys completed/returned. Upon COUNCIL request, PROVIDER shall submit raw data from all administered Client Satisfaction Surveys. The COUNCIL may, at its discretion, administer or require the PROVIDER to administer Client Satisfaction Surveys, as deemed necessary. PROVIDER shall provide necessary client information and facilitate the administration of client satisfaction surveys, as directed by the COUNCIL. e. Client Outcome Data Reporting: The PROVIDER shall submit Client Outcome data, in the format provided by the COUNCIL, within time frames specified by the COUNCIL. The PROVIDER shall also report any barriers experienced in outcome achievement. The report should also include any noteworthy activities that have occurred during the term of this Agreement. The PROVIDER shall also submit the number of Clients served under this Agreement to include: the number of new Clients, the number of Clients terminated, and such other information as requested. f. Actual Expenditure Report: The PROVIDER shall submit to the COUNCIL an Actual Expenditure Report which reports by line item actual expenditures incurred in the performance of this contract. The report shall be submitted in a format to be provided by the COUNCIL. Such expenditure information will be used to compile historical unit cost data and to analyze appropriate funding levels. Significant discrepancies between budgeted and actual costs may result in recoupment of funds. A final Actual Expenditure Report shall be submitted by the PROVIDER to the COUNCIL sixty (60) days after the end of the contract. 3. OTHER REQUIREMENTS: a. INTERNAL DOCUMENTATION PROVIDER agrees to maintain the following, as applicable: (1) Personnel files including hiring records, job descriptions, policies, evaluation procedures, and background screening results, (2) Authorized time sheets, records, and attendance sheets, (3) Daily activity log and monthly calendar, (4) Signature of person at sites authorizing presentations, (5) Training modules, (6) Pre and post session questionnaires, (7) Client information release form, (8) Community Resource Inventory Organizational Profile update, (9) Emergency Disaster Plan and (10) Such other information as requested by COUNCIL. b. UNITS OF SERVICE: PROVIDER shall document and maintain permanent client records that reflect individual beginning and ending service times, dates of service and nature of service for all units of service provided under this Agreement. Provider: City of Dania Beach M.O.S.T. 2005 Contract#: 05-2823 Renewal: FY 06/07 5 TRACKING SYSTEM REQUIREMENTS PROVIDER shall comply with the COUNCIL'S Services and Activities Management Information System (SAMIS), as applicable, identifying all Clients referred to and from the program(s) funded under this Agreement. This shall include, but not be limited to, client information related to client demographics, and identification, referral sources, outcome performance data, service provision data and fiscal activities for all programs funded under this agreement. c. PRO CHILDREN ACT COMPLIANCE The PROVIDER shall comply with Public Law 103227 Part C Environmental Tobacco Smoke, also known as the Pro Children Act of 1994, which requires that smoking not be permitted in any portion of any indoor area routinely used or leased or contracted for by an entity and used routinely or regularly for provision of health, day care, education or library programs either directly or through State or local governments, by Federal grant, contract loan, or loan guarantee. The law does not apply to children's services provided in the private residences, facilities funded solely by Medicare or Medicaid funds, and portions of facilities used for inpatient drug or alcohol treatment. Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $ 1,000 per day andior the imposition of an administrative compliance order on the responsible entity. d. REVENUE MAXIMIZATION DOCUMENTATION PROVIDER agrees to comply with any and all reporting and documentation requirements necessary for eligibility for Federal, State and other match funding opportunities to COUNCIL for services provided under this Agreement, e.g., Title IV-E of the Social Security Act, Temporary Assistance for Needy Families (TANF) Block Grant, Medicaid Targeted Case Management, etc. The PROVIDER shall complete all necessary and appropriate forms for all clients served under this Agreement. This data will be used by the COUNCIL in federal funding revenue maximization efforts. All eligibility information shall be reported to the COUNCIL quarterly, unless otherwise specified by the COUNCIL, and copies of all eligibility forms shall be retained in the individual client/family case files and available for unannounced review by the COUNCIL. Such eligibility information shall not be used as a determination of client eligibility for program services funded under this Agreement. VI. TERMINATION OF AGREEMENT AND NOTICE 1. It is the intent of the COUNCIL to assure consistent and orderly delivery of children's services. It is the further intent of the COUNCIL to terminate Agreements only in those situations where such action is essential for the protection of its interest and the interests of children, as determined by the COUNCIL. Provider: City of Dania Beach M.O.S.T. 2005 Contract#: 05-2823 Renewal: FY 06/07 6 2. This Agreement may be terminated by the PROVIDER without cause upon no less than forty-five (45) days notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. 3. This Agreement may be terminated by the COUNCIL without cause upon no less than forty-five (45) days written notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. 4. In the event that funds needed to finance this Agreement become unavailable, the COUNCIL may terminate the contract upon no less that twenty-four (24) hours notice in writing to the PROVIDER. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. The COUNCIL shall endeavor, whenever possible and consistent with its legal obligations and principles of prudent management to provide 30 days notice for Termination for Lack of Funds. The COUNCIL shall be the final authority as to the availability of funds and extension of notice beyond the minimum time herein stated. 5. In addition to the rights set forth in sub paragraphs 3 and 4 above, this Agreement may be terminated by the COUNCIL with cause upon no less than twenty-four (24) hours written notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. The COUNCIL at its discretion may waive any breach by the PROVIDER in writing, but such waiver shall not constitute a waiver of any further breaches, including breaches of the same type. 6. The above provision shall not limit the COUNCIL'S right to remedies at law or to damages. VII. AUDIT RIGHT AND RETENTION OF RECORDS COUNCIL shall have the right to audit the books, records, and accounts of PROVIDER that are related to the Scope of Services under this Agreement. PROVIDER shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to the Scope of Services under this Agreement. As defined in the Florida Single Audit Act, the PROVIDER agrees to allow the COUNCIL, the comptroller, the Auditor General or other auditing body access to its records as required by Florida Statutes 215.97, Florida Single Audit Act. PROVIDER shall preserve and make available, at reasonable times for examination and audit by COUNCIL, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period of the Florida Public Records Act (Chapter 119, Florida Statutes), if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of the Agreement Term of this Agreement and for three (3) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. If the Florida Public Records Act is Provider: City of Dania Beach M.O.S.T. 2005 Contract#: 05-2823 Renewal: FY 06/07 7 determined by COUNCIL to be applicable to PROVIDER'S records, PROVIDER shall comply with all requirements thereof; however, no confidentiality or non- disclosure requirement of either federal or state law shall be violated by PROVIDER. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for COUNCIL'S disallowance and recovery of any payment upon such entry. Vill, OWNERSHIP OF DOCUMENTS Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of COUNCIL. In the event of termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by PROVIDER, whether finished or unfinished, shall become the property of COUNCIL and shall be delivered by PROVIDER to the Contract Administrator within seven (7) days of termination of this Agreement by either party. Any compensation due to PROVIDER shall be withheld until all documents are received as provided herein. IX. INDEPENDENT CONTRACTOR PROVIDER is an independent contractor under this Agreement. Services provided by PROVIDER shall be by employees of PROVIDER and subject to supervision by PROVIDER, and not as officers, employees, or agents of the COUNCIL. Employee compensation, personnel policies, tax responsibilities, social security and health insurance, employee benefits, travel, per diem policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of PROVIDER. X. SUBCONTRACTING PROVIDER shall not assign the responsibility of this Agreement to another party or subcontract for any of the work contemplated under this Agreement, without prior written approval of the Contract Administrator, No such approval by the Contract Administrator shall be deemed in any event or in any manner to provide for the incurrence of any obligation by the COUNCIL in addition to the total dollar amount stated in this Agreement. All such assignments or subcontracts shall be subject to the conditions of this Agreement and to any conditions of approval that the COUNCIL shall deem necessary. XI. FINANCIAL STATEMENTS 1. Within 120 days of the close of its fiscal year, PROVIDER agrees to submit to the COUNCIL a certified independent fiscal audit of all its corporate activities and any accompanying management letter(s). This audit shall be conducted in accordance with auditing standards generally accepted in the United States of America and standards contained in the Government Auditing Standards issued by the Comptroller General of the United States. The fiscal audit must also be conducted consistent with the United States Office of Management and Budget Circular A-133, Audit of States, Local Government and Non-Profit Organizations Provider: City of Dania Beach M.0.S.T. 2005 Contract#: 05-2823 Renewal: FY 06/07 8 and the Florida Single Audit Act, Florida Statutes 215.97, as applicable. Audit extensions may be granted in writing by the Contract Administrator upon receipt in writing of such request with appropriate justification by the PROVIDER. 2. Supplanting: the PROVIDER shall not use funds provided by the COUNCIL to replace funds from other funding sources. XII. BOARD MEMBERS AND MEETINGS Within 30 days of the effective date of this Agreement, PROVIDER will submit to the COUNCIL a calendar of its scheduled Board meetings for the current fiscal year and an updated list of Board Members. XIII. PUBLICIZING COUNCIL SUPPORT PROVIDER agrees to identify the COUNCIL'S support on its letterhead, agency newsletter, and other printed materials, and to utilize every reasonable opportunity to publicize the support received from the COUNCIL. COUNCIL agrees to provide PROVIDER with a camera-ready logo for such use. XIV. PUBLICATIONS PROVIDER agrees to supply the COUNCIL, without charge, up to three (3) copies of any publication developed in connection with implementation of programs addressed by this Agreement. Such publications will state that the program is supported by the COUNCIL. PROVIDER agrees that the COUNCIL will have unlimited use of copyrighted materials developed under this Agreement. XV. CONFIDENTIAL INFORMATION The PROVIDER, its agents, employees or subgrantees will not use or disclose any information concerning a recipient of services under this contract for any purpose not in conformity with state statutes and any applicable federal regulations (45 CFR, Part 205.50) except upon written consent of the recipient, or his/her responsible parent or guardian when authorized by law. XVI. SECURITY OBLIGATIONS PROVIDER shall maintain an appropriate level of data security for the information the PROVIDER is collecting or using in the performance of this contract. This includes, but is not limited to, approving and tracking all PROVIDER employees that request system or information access and ensuring that user access has been removed from all terminated PROVIDER employees. XVII. CLIENT RISK PREVENTION AND INCIDENT REPORTING 1. PROVIDER shall immediately report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the Florida Abuse Hotline on the statewide toll- free telephone number Provider: City of Dania Beach M.C.S.T. 2005 Contract#: 05-2823 Renewal: FY 06/07 9 (1-800-96ABUSE). As required by Chapters 39 and 415, FLORIDA STATUTES, this is binding upon both the PROVIDER and its employees. 2. In the event of critical incidents such as serious client accident, injury or death, PROVIDER shall advise the Contract Administrator immediately by phone and in writing within twenty-four (24) hours. All pertinent information such as Agency Incident Reports, Police Reports, actions taken, etc., shall be furnished by the PROVIDER to the Director of Program Services within twenty-four (24) hours of the incident, or receipt of such information. XVIII. NONDISCRIMINATION Programs receiving funding from the COUNCIL shall not discriminate against an employee, volunteer, or participant of the provider on the basis of race, color, gender, sexual orientation, religion, national origin, citizenship, disability, or age except that programs may target services for specific participant groups as defined in the application. Additionally, agencies receiving funds shall demonstrate the standards, policies, and practices necessary to render services in a manner that respects the worth of the individual and protects and preserves the dignity of people of diverse cultures, classes, races, religions, sexual orientation, and ethnic backgrounds. The parties shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by COUNCIL, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, the parties shall take affirmative steps to ensure nondiscrimination in employment of persons with disabilities. XIX. INDEMNIFICATION CLAUSE Any PROVIDER who is a state agency or subdivision, as defined in Chapter 768.28, Florida Statues, agrees to be fully responsible for its acts of negligence, or its agents' acts of negligence when acting within the scope of their employment or agency, and agrees to be liable for any damages resulting from said negligence. Nothing herein is intended to serve as a waiver of sovereign immunity by any PROVIDER to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency or political subdivision of the State of Florida to be sued by third parties in any manner arising out of any contract or under this Agreement. XX. INTELLECTUAL PROPERTY RIGHTS The PROVIDER will indemnify and hold harmless, COUNCIL from liability of any nature or kind, including costs and expenses for or on account of any copyrighted, service marked, trademarked, patented or unpatented invention, process, article or work manufactured or used in the performance of the contract, including its use by COUNCIL. If the PROVIDER(S) uses any design, device, materials or works covered by letters, service mark, trademark, patent, copyright or any other intellectual property right, it is mutually agreed and understood without exception Provider: City of Dania Beach M.C.S.T. 2005 Contract#: 05-2823 Renewal: FY 06/07 10 that the proposal prices will include all royalties of costs arising from the use of such design, device, or materials in any way involved in the work This article will survive the termination of any contract with COUNCIL. XXI. INSURANCE 1. PROVIDER shall maintain in force for the term of this Agreement comprehensive general liability in the minimum amount of three hundred thousand dollars ($300,000) per occurrence bodily injury and property damage combined single limit. Such policy will be evidenced by a Certificate of Insurance which reflects COUNCIL as an additional insured and provides thirty (30) days prior written notice of cancellation. The Certificate of Insurance shall also be in compliance with Florida Statute 440 (Workers' Compensation Law). Further, PROVIDER will maintain professional liability insurance in the minimum amount of Three Hundred Thousand Dollars ($300,000) for each claim, subject to insurance market availability and affordability. Such policy will be evidenced by a Certificate of Insurance which provides thirty (30) days prior written notice of cancellation. Each renewal of the respective Certificate of Insurance provided for above shall be submitted to the COUNCIL. Failure to submit the respective Certificate of Insurance such that a current Certificate of Insurance, shall result in suspension of any monies due and owing for any outstanding invoice of the PROVIDER by the COUNCIL. PROVIDER shall submit two (2) copies of their current Certificate of Insurance to the Program Services Specialist when this Agreement is signed with renewals of same annually thereafter. 2. If PROVIDER'S insurance is provided by a municipality and at any time the municipality is unable or unwilling or otherwise ceases to provide insurance to COUNCIL for injury, damages, or liability which may arise out of the performance of this Agreement, PROVIDER shall be responsible for providing sufficient insurance in amounts and under terms required by COUNCIL. COUNCIL, in its sole discretion, shall determine what constitutes sufficient insurance. Documentation shall be submitted by PROVIDER to the Contract Administrator. XXII. AMENDMENTS: ASSIGNMENTS 1. No modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. However, the Contract Administrator for the COUNCIL may sign a modification, amendment or alteration to the terms and conditions of this Agreement where there is a change to Exhibit A, Scope of Services, to reduce the Contract Amount, or to change performance outcomes. 2. This contract or agreement is personal to the parties herein and may not be assigned, in whole or in part, by the proposer without prior written consent of Provider: City of Dania Beach M.O.S.T. 2005 Contract#: 05-2823 Renewal: FY 06/07 11 COUNCIL. The PROVIDER herein shall not assign payments under this contract or agreement without the prior written consent of COUNCIL. XXIII. WAIVER OR BREACH Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other subsequent breach and shall not be construed to be a modification of the terms of this Agreement. XXIV. DEFAULT In the event that the awarded PROVIDER(S) should breach this contract, COUNCIL reserves the right to seek remedies in law or in equity. XXV. REPRESENTATIONS AND ACKNOWLEDGMENTS 1. PROVIDER represents to COUNCIL that upon the execution of this Agreement and continuing throughout the Agreement Term the following are true and correct. In the event that any of the following representations become at any time not true, the PROVIDER shall immediately provide written notice of same to the Contract Administrator. a. There have been no irregularities involving its management or employees that could have a material effect on PROVIDER'S operations or financial stability. b. PROVIDER has committed no violations or possible violations of laws or regulations the effects of which should be considered by COUNCIL prior to entering into this Agreement. c. There are no material transactions that have not been properly recorded in the appropriate document(s) or disclosed. d. Related party transactions as defined by genera!ly accepted accounting principles and related amounts receivable or payable have been properly recorded or disclosed. e. It maintains appropriate active license(s), which are all in good standing and have not been revoked or suspended, where PROVIDER is operating a facility or providing a service where any type of licensure is required, including, but not limited to federal, state, county and local law. f. PROVIDER represents that all persons delivering the services required by this Agreement have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the Scope of Services and to provide and perform such services to COUNCIL'S satisfaction for the agreed compensation. Provider: City of Dania Beach M.C.S.T. 2005 Contract#: 05-2823 Renewal: FY 06107 12 g. PROVIDER shall perform its duties, obligations, and services under this Agreement in a skillful and respectable manner. The quality of PROVIDER'S performance and all interim and final product(s) provided to or on behalf of COUNCIL shall be comparable to local state and national best practice standards. 2. PROVIDER acknowledges that: a. Verification of liability protection, shall accompany this Agreement upon execution of this Agreement by PROVIDER. b. Information, guidance and technical assistance offered by Program Specialist, or any other staff, whether written or verbal, in no way constitutes a guarantee of execution of this Agreement by the COUNCIL and should not be relied upon as a basis for doing business, delivering service, expending financial resources or expectation of receipt of payment. XXVI. PUBLIC ENTITIES CRIMES ACT PROVIDER represents that the execution of this Agreement will not violate the Public Entities Crimes Act (Section 287.133, Florida Statutes), which essentially provides that a person or affiliate who is a contractor, consultant or other provider and who has been placed on the convicted vendor list following a conviction for a Public Entity Crime may not submit a bid on a contract to provide any goods or services to COUNCIL, may not submit a bid on a contract with COUNCIL for the construction or repair of a public building or public work, may not submit bids on leases of real property to COUNCIL, may not be awarded or perform work as a contractor supplier, subcontractor, or consultant under a contract with COUNCIL, and may not transact any business with COUNCIL in excess of the threshold amount provided in Section 287.017, Florida Statues, for category two purchases for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Violation of this section shall result in cancellation of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNCIL'S competitive procurement activities. XXVII. GOVERNING LAW AND VENUE This Agreement shall be governed, construed, and controlled according to the laws of the State of Florida without regard to its conflict of laws provisions. Any claim, objection or dispute arising out of the terms of this Agreement shall be litigated in the Seventeenth Judicial Court in and for Broward County, Florida. XXVIII. COMPLIANCE WITH LAWS The parties shall comply with all federal, state, and local government laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations related to this Agreement. Provider: City of Dania Beach M.O.S.T. 2005 Contract#: 05-2823 Renewal: FY 06/07 13 XXIX. SEVERABILITY In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless COUNCIL or PROVIDER elects to terminate this Agreement. An election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. XXX. CIRCULARS, STATUTES AND COMMON RULES The source of the COUNCIL'S funding is local dollars; thus the PROVIDER does not need to conduct a separate single audit under this contract. The PROVIDER shall use the following Circulars as a guideline for managing the COUNCIL'S funding: 1. Administrative Requirements: OMB Circular A-102 "Grants and Cooperative Agreements with State and Local Governments," OMB Circular A-110 "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations." 2. Allowable Costs: OMB Circular No. 87, "Cost Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions," OMB Circular No. A-122 "Cost Principles for Nonprofit Organizations" and OMB Circular A-133, "Audits of State, Local Governments and Non-Profit Institutions." 3. Florida Statutes 215.97, Florida Single Audit Act. XXXI. HIPAA ADDENDUM Both parties agree to satisfy the standard for personal health information contained in the federal and state statutes and regulations, including, without limitation, any regulations promulgated under HIPAA (Health Insurance Portability and Accountability Act), as applicable. Both parties agree that as a result of the business relationship and as defined in the HIPAA Final Privacy Rules 65 CFR Parts 160 to 164 December 28, 2000, Contractor is possibly considered a Business Associate of Hospital District, and may be a Chain of Trust Partner under the HIPAA Proposed Security Rules. Business rules will be appended to this contract detailing the privacy and security requirements and practices that a Business Associate is required to meet. If HIPAA Transaction Standards and Code Set Final Rules at 45 CFR Parts 160 and 162, August 17, 2000, apply due to any electronic bills Contractor may submit to Hospital District, Contractor agrees that the billing information shall meet HIPAA Transaction Standards and Code Set Final Rules. If requested by the Hospital District, Contractor agrees that it will enter into an appropriate Trader Partner Agreement, Business Associate Agreement, and/ or Chain of Trust Agreement as necessary to comply with the aforementioned rules. The parties agree to negotiate for thirty (30) days with the goal of reaching a mutually agreeable Trading Partner Agreement, Business Associate Agreement and /or Chain of Trust Agreement. If Provider: City of Dania Beach M.O.S.T. 2005 Contract#: 05-2823 Renewal: FY 06/07 14 the parties fail to agree and fully execute such an Agreement or Agreements by the end of thirty (30) days, either party may terminate this Agreement upon written notice to the other party. XXXII. MULTIPLE ORIGINALS This Agreement may be fully executed in two (2) copies or more by all parties, each of which bearing original signatures, shall have the force and effect of an original document. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: This 34 page contract, inclusive of Exhibit A, Scope of Work, and Exhibit B, Program Schedule, is hereby executed as follows: Approved as to form by: JOHN MILLEDGE, ESQ. Republic Tower, 110 S.E. 6`h Street, 151' Floor Fort Lauderdale, Florida 33301 Telephone: (954) 761-8640 Fax Number: (954) 761-8979 John illedge, Esq. Provider: City of Dania Beach M.O.S.T. 2005 Contract#: 05-2823 Renewal: FY 06/07 15 PROVIDER: COUNCIL: City of Dania Beach SIGNED � / SIGNED BY: ' BY: NAME: Ivan Pat& NA E:Comm. Su ne Gu bur er TITLE: City Manager TITLE: Vice Chair DATE: DATE: Provider Federal Identific5tion #: 59-6000302 ( I Attachment: Exhibits A, Scope of Work and Exhibit B, Program Schedule of Activities. Provide notary attestation for Provider's signature below: STATE OF FLORIDA ) COUNTY OF BROWARD ) The foregoing Agreement was acknowledged before me ,his day of f L7L•4'cPj 2007 by 0�/� V i��2 as Ci7-v /YAnAerk� off f7 Qc19Cs/ (Name of Signatory) (Title) (Name of Entity) a n7oAi/L i PAL tgak iY/E U` on behalf of the corpo ratio n/entity.&She is (Type of Entity) personally known to me or produced identification. Type of identification produced: O1 �Notary Public— State of Florida Print Name: / JO (SC •�%IL` n '� (Seal) M\\ qa R6)o%expires: o,Zoto bo, Q �Q� Provider: City of Dania Beach M.O.S.T. 2005 Contract#: 05-2823 Renewal: FY 06/07 16 EXHIBIT A SCOPE OF WORK Agency Name: City of Dania Beach Program Name: Maximizing Out-of-School Time (M.O.S.T.) P.O.W.E.R. Program Contract #: 05-2823 I. Method of Service Delivery The Provider shall provide year-round after-school/non-school hours programming for school age youth which will: Provide a safe, positive environment for youth which shall enhance academic achievement, support social development and strengthen youth relationships with adults and peers within the context of their families schools and communities, strengthen youth protective factors and reduce risk factors. As a Maximizing Out-Of-School Time (M.O.S.T.) Program for School Age Youth, ages 5 to 12, the program shall incorporate best practices and offer an array of academic, social, recreational and cultural activities geared specifically toward the interests and abilities of the target population. The Provider shall incorporate key features of successful, quality after-school care programs; such as; • Neighborhood-based care that is easily accessible for youth of all ages and their parents. • A safe haven which protects youth from negative peer pressures and victimization. • Engaging age-appropriate activities involving peers who provide for social recreation and cultural enrichment. • Caring, well-trained and consistent staff. • A minimum ratio of 1:15 for general population students in kindergarten through high school and a 1:10 ratio for students in pre-kindergarten. Students with special needs may require lower staff to student ratios depending on the individual. This allows for the development of close bonds between the youth and an adult. • Academic interventions which provide remediation and enrichment. • Homework assistance. • Career exploration and employability skills training for adolescents. • Life Skills/Social Competence training to promote positive youth development (conflict resolution, anger management, resisting negative peer pressure, anti- bullying, substance abuse prevention strategies, etc). • Community service components which provide youth with opportunities to take a positive role in his/her community. • Parent/Guardian involvement and engagement. • Mentoring opportunities. • Scholarships/Financial incentives to encourage long-term goals. Provider: City of Dania Beach M.O.S.T. 2005 Contract#: 05-2823 Renewal: FY 06/07 17 Provider shall provide services that accomplish the following: 1. Youth will maintain/achieve improved school performance, homework completion, study habits, attendance and behavior. 2. Youth's peer relationships will be more positive and free of drugs, violence, gangs and delinquent associations. 3. Youth will be involved in pro-social activities that enhance their educational, social, recreational and life skills. 4. Youth will improve their health and physical fitness. 5. Youth protective factors will be increased. 6. Youth risk factors will be reduced. 7. Youth's attachment to community will be strengthened. A. Program Intent The main goal of P.O.W.E.R. (Positive Outlooks With Educational Rewards) After School Program is to provide Collins Elementary School students with the opportunity to enhance their educational, social skills, cultural understanding, and physical endurance in a safe and secure environment. This shall be done through a daily schedule that shall include reading, math, tutoring, homework help, social skills training, cultural enrichment, community service activities, physical endurance instruction, computer skills, cooking and preparing healthy snacks and meals, as well as mentoring with grandparents and a seniors group. The City of Dania Beach shall contract services with After School Programs, Inc., for staffing of the program. Certified teachers shall provide daily tutoring, homework assistance, remediation and/or academic enrichment activities. The teaching staff shall be supported by after school counselors. Physical fitness activities shall help children develop "healthy" life-long physical fitness and nutritional habits. Computer lab time shall provide youth with the opportunity to use educational software to enhance reading, math, and social skills. A weekly cooking class shall be offered to enable children to improve reading skills, their ability to work in groups (cooperation), knowledge about nutrition information, and pride in their accomplishments. A Junior Achievement business component shall be offered to children in each grade level on a weekly basis. The Junior Achievement program follows an economics and business curriculum that teaches children about the free enterprise system. This program shall further promote literacy and integrate other areas of the curriculum into the children's learning experience. B. Target Population Target populations for the M.O.S.T. Programs are youth who are NOT participating /enrolled in other out-of-school time year round programs, AND who are (1) children of low income families in the general population, and/or (2) children with special needs. Provider: City of Dania Beach M.O.S.T. 2005 Contract#:05-2823 Renewal: FY 06/07 18 The program shall serve children of the following ages and populations: General Population Very Young Children Ages 3 to 5 Young Children A es 6 to 10 Early Adolescents Ages 11 to 13 The Provider shall provide services to the following population(s): General Population Children These are children who participate in general education programs and do not require special assistance during the school year, but are considered at-risk due to economic disadvantage. Council-funded programs are intended to serve economically disadvantaged children and adolescents. Students attending public schools with free and reduced lunch percentages of 60% and higher are likely to be from low income households. These families are less likely to be in a position to afford quality after school programming and providers are less likely to be in a position to offer scholarships for these students. Programs serving children in the General Population must serve children attending these schools and/or residing in these target communities. The Provider shall extend the concept of "inclusion" by providing services to children with disabilities during the course of administering M.O.S.T. programs to the general population; to the extent that services can be provided in a safe environment, and incorporating as many of the critical factors for successful inclusion as possible, as delineated in the Request for Proposal. "Inclusion is defined as the process and practice of educating students with disabilities in the general education classrooms of their neighborhood school, with the supports and accommodations needed by that student." Remainder of page intentionally left blank. Provider: City of Dania Beach M.C.S.T. 2005 Contract#: 05-2823 Renewal: FY 06/07 19 C. Service Delivery Core Services Program Services shall be provided to address the specific needs of clients. They shall include: # ofr Service Name.and Descrtptiom, Participants", to be serried Daily Academic Activities - Minimum of 60 minutes per day of 76 tutoring, homework assistance, remediation, and/or academic enrichment activities. Program staff shall be in contact with students' teachers to obtain information on homework, areas needing improvement and general information. Academic assistance and enrichment activities shall include literacy, writing, and computer technology. Homework logs shall be used to record youth's assigned homework and indicate need for additional assistance. If there is no assigned homework, children shall spend their time engaged in developmentally appropriate and enriching literacy-based activities that include silent reading, word building puzzle cards, phonics tiles, writing activities, and educational computer programs. Physical Fitness - Minimum of 30 minutes per day of structured 76 physical fitness activities which meets the recreational needs of the population. The fitness component shall be planned using the SPARK curriculum. Children shall be grouped according to their grade level and assigned a specific outdoor area. Field trips taken during the school year such as roller skating, ice skating, bowling, and the Sports Mall shall further promote physical skills. Social Skills Building — Social skills activities, which may 76 include activities to improve social / adaptive behavioral functioning and daily living skills, shall be planned using the Heartwood Curriculum for children in grades K-2, and the Start Something Program for children in grades 3-5, both literacy based curriculums that improve social skills and interactions with peers and adults, delivered one (1) time per week for a minimum of 30 minutes per activity. A recognition box shall be used to praise children for demonstrating positive social skills. All programs shall also have a "Kid of Character" from each grade level acknowledged weekly. Incentives such as Barnes and Noble gift cards shall be presented to children that achieve "Kid of Character". Provider: City of Dania Beach M.O.S.T. 2005 Contract#: 05-2823 Renewal FY 06/07 20 #'qf Service'rNgrne and Desceiption Participants to be sery d' Cultural Arts Education- A minimum of seven (7) cultural arts 76 activities shall provide children with opportunities and experiences, such as, participation in drama or dance classes, painting, cultural music activities and story telling. Children shall participate in workshops that focus on creative art expression and hands-on science experiences, in addition to interactive shows that help reinforce and enhance social skills, literacy, music and multiculturalism. Field trips on non-school days shall include visits to the Seminole Native Village, Museum of Discovery, and Buehler Planetarium, among other trips. Community Service - Community service opportunities shall be 76 provided that will help the children feel a stronger sense of connection to their communities. Students shall participate in a minimum of three (3) projects per school year. The President's Volunteer Service Award program shall be used as an incentive for children. Children shall partake in the pride and ownership of C.W. Thomas Park through weekly park clean up, surveying the park to determine where a butterfly garden would best beautify the area, researching various plants and flowers for this garden, cultivating the soil, preparing for plantings, installing all plant materials, and weekly upkeep of the butterfly garden. Parental Involvement — A minimum of six (6) parental 76 involvement activities shall provide children and parents with opportunities to bridge the communication gap between the school and home. The Program shall hold open houses, ice cream socials, and barbeques, inviting parents/guardians to visit the P.O.W.E.R. After School Program. In addition, incentives (such as a gift certificate to Barnes & Noble) shall be given to the children whose parent(s)/guardian(s) attend the family events. Parents shall be encouraged to become involved in the community service projects. Provider: City of Dania Beach M.O.S.T. 2005 Contract#: 05-2823 Renewal: FY 06/07 21 #of Service Name and Description. _° =Participants to be served Nutrition — The children's nutritional needs shall be met with the 76 provision of breakfast, snack(s) and lunch which meet the USDA guidelines. The Program shall serve fresh, well-balanced snacks, such as fresh fruit, cereal bars, granola bars, crackers, dairy products, juice, and water. Developmentally appropriate nutritional materials shall be available to help children learn about the Food Pyramid and Food Groups. Each week, children shall be involved in preparing a healthy cooking project and creating a Kidz Cookbook. Each week a new recipe shall be added and taken home on a monthly basis. The Provider shall ensure that a certified teacher (current, temporary or past certification) is employed for every 30 children in the program. D. Service Locations: The Provider shall provide after-school/non-school hours program services at the following location(s): C.W. Thomas Park Recreation Center 800 N.W. 2nd Street Dania Beach, FL 33004 Provider shall provide the Council with a written statement from the site owner to the Provider authorizing use of the site for the program. Site changes are subject to Council approval. E. Dates/Days/Hours of Operation: The Provider shall operate the after school care program from 10/01/07 through 06/30/08, Monday through Friday, on all school days (inclusive of early release days, school holidays, and teacher planning days) in accordance with the School Board of Broward County's official school calendar. Daily hours of operation shall be from 2:00 p.m. through 6:00 p.m. On early release days, the hours of operation shall be extended to ensure that youth are served immediately upon their release from school. On school holidays and teacher planning days, the hours of operation shall be from 7:45 a.m. to 6:00 p.m. Schedule of Activities: The Provider shall provide after-school/non-school hours program services according to the schedule of activities, as indicated in Exhibit B. Provider: City of Dania Beach M.O.S.T. 2005 Contract#: 05-2823 Renewal: FY 06/07 22 Il. Staff Qualifications Staff positions, qualifications and duties shall be as follows: EiJucafiorr" Exp rtence : Buries„ "/o of time` devoted to the progain 1 Parks and Master's Degree Minimum of 10 Oversee After School 20% Recreation years Programs, Inc. to ensure In-Kind Director experience in all aspects of grant (In-Kind) the fled of requirements are being Recreation. met. 1 Computer Bachelor's Degree Minimum of 2 Maintenance and 5% Technician years upgrades of computers, In-Kind (In-Kind) experience in printers, programming, the field of and the internet. Information Technology. 1 After School Master's Degree Minimum of 15 Organize, plan, and 10% Programs, Inc. years supervise the educational Administrator experience in and recreational the field of programs; site visitation Education. and staff meetings. 1 Area Coordinator Bachelor's Degree 3-5 years with Actively supervise the 20% or AA Degree with company and sites in assigned area to 60 college credits 3 years ensure all programs are with 6 credits in experience as operating using best education or a Site Director practices. Supervise and C.D.A. or a Site provide staff support. Director Credential with 40 Hours Child Care Training Management Training 5 After School H.S. diploma Previous child Responsible for direct 100% Programs, Inc. 40 hour child care care supervision of children Counselors training,ASP experience a and implementing all training, and CPR plus. program activities certified. 1 After School Bachelor's Degree, Minimum one Administration, record 10% Programs, Inc. 40 hour child care year keeping, coordination of Grants training, and ASP experience in data collection, and Administrator Management Grant organization of training Administration. performance data and invoicing. 2 After School Bachelor's Degree 1 year or more Assist students with 100% Programs, Inc. and experience in tutoring, implement both Teachers Teacher's Teaching. reading and math Certification components of summer camp program. Provider: City of Dania Beach M.O.S.T. 2005 Contract#: 05-2823 Renewal: FY 06/07 23 # Posrtlon'; `4 .,Education-, Experience Duties % of time ' devoted 'to the` program After School Bachelor's Degree, 6-5years Actively supervises the 20% Programs, Inc. or CDA,or AA with company site to ensure program is Area Coordinator Degree,or 60 (3 years operating using best college credits with experience as practices. 6 credits in early Site Director). childhood education; 40 hour child care training III. General Operating Information A minimum of 76 unduplicated children shall be served during the period of October 1, 2007, through June 30, 2008. Background Screening/Licensing All staff working in the program must comply with Level 2 background screening and fingerprinting requirements in accordance with Florida Statutes Chapter 435 and Broward County background screening requirements, as applicable. The program must maintain staff personnel files which reflect that a screening result was received and reviewed to determine employment eligibility. See Florida Statutes Chapter 435 for additional Background Screening information. The program must register with the Florida Department of Law Enforcement (FDLE) to receive an identifying OCA number, which will be used as an identifier when an employee's fingerprints are sent to FDLE for processing. Background screening can then be completed either through FDLE or another private screening vendor, SAMIS Data Integrity: The Provider shall make every effort to maintain SAMIS data integrity. Maintenance of data integrity shall include information in the Case Data Gatherer (CDG), Fiscal Module, and Measurable Objectives (MO) modules. Measurable Objectives (I Application: In the SAMIS MO module, each participant shall be attached to the appropriate MO service component. Test results for each participant shall be entered through the MO service component. Closing Cases: All cases must be closed in both the CDG and in the MO components of SAMIS upon the conclusion of services, with the appropriate termination reason. If a contract is terminating early, or if a contract is sunsetting, any remaining active cases shall be closed, with the effective date being the last date on which the contract is active. Reopening Cases: In the event that a child leaves the program and comes back at a later date, the Provider shall reopen the old case. Under no circumstances shall the child be reopened as a new case. Provider: City of Dania Beach M.O.S.T. 2005 Contract#: 05-2823 Renewals FY 06/07 24 IV. Units of Service A. The Units of Service are defined as follows: • After School Unit One (1) unit of MOST after school care service is defined as a minimum of two (2) hours and a maximum of six (6) hours per day of after school care on regular school days and on early release days. Sub-units may be billed in increments of 1 hour at '/4 of the full unit rate. • Non-School Day Unit One (1) unit of MOST non-school day services is defined as six (6) or more hours per day. Non-school units occur when school is closed for teacher planning days or school holidays, including Winter and Spring breaks. B. The maximum number of units to be provided under this contract is as follows: October 1, 2007 through June 30, 2008 9819.20 (76 students x 152 days x 85) Units of MOST After School services (invoice type #9220 GP After School) at $8.00 not to exceed $78,553.60. 1157.2933 Units of MOST Non-School Day services (invoice type #9221 GP Non School Day) at $15.00 not to exceed $17,359.40. On a case by case basis with prior written Council approval, children with special needs who are served with lower staff to child ratios in an inclusive environment may be billed at a unit rate of 1.5 units. Total for all units of service for FY 07108 not to exceed: 95 913.00. Total for all units of service combined under this contract not to exceed: $95,913.00. `Note that extended decimal places are necessary to account for partial units and ensure accuracy of dollar calculations. V. Method of Payment 1. Start-Up Costs: Start-up costs (unit # 8090 Start-up) shall be on a cost reimbursement basis. The Council will pay the provider for allowable costs incurred in accordance with the approved start-up budget and budget narrative, hereby incorporated by reference. The funds must be expended during the last quarter of the 07/08 contract term. Only costs incurred on or after the contract effective date and on or prior to the termination date of the contract are eligible Provider: City of Dania Beach M.O.S.T. 2005 Contract#: 05-2823 Renewal: FY 06/07 25 for payment. The maximum amount of start-up funds to be paid for under this contract shall not exceed: 0,000.00. 2. Unit Costs: Client services provided under this contract will be paid as Units of service at the rates and maximum amounts as defined above in Section IV. 2. The maximum amount to be paid under this Scope of Work for units of services shall not exceed $95,913.00, detailed in the Section IV. Units of Service, Section B. 3. Value Added Special Activity Fund: Value Added expenditures (unit # 8020 Value Added) shall be on a cost reimbursement basis. The Council will pay the provider for allowable Value Added expenditures in accordance with the approved Value Added budget and Value Added budget narrative, hereby incorporated by reference. Only Value Added expenditures incurred on or after the contract effective date and or prior to the termination date of the contract are eligible for payment. The maximum amount of Value Added expenditures to be paid for under this contract shall not exceed: $12,880.00. 4. Flex funds: Flex fund expenditures (unit #8010 Flex Funds) shall be on a cost reimbursement basis. The Council will pay the provider for allowable flex fund expenditures in accordance with the approved flex fund budget and flex fund budget narrative, hereby incorporated by reference. Only flex fund expenditures incurred on or after the contract effective date and on or prior to the termination date of the contract are eligible for payment. The amount of Flex funds approved under this contract shall not exceed $800.00. 5. All payments shall be requested by the Provider on a monthly basis in the format prescribed by the Council. Approved payment will be derived from Provider invoices reflecting services delivered in accordance with the contract. Agencies will not be paid for clients who do not attend sessions. Payment is contingent upon submittal of complete and accurate data in accordance with Council requirements for the reporting of client and service data information, No invoices will be processed for payment if required backup documentation has not been provided in a complete and accurate manner. The Provider is required to pursue third party, Medicaid, and client payments (where applicable), and to establish a sliding fee scale for services. If the contract is with an agency which is subcontracting delivery of services to other providers, the lead agency will be responsible for compiling all data necessary to submit a consolidated monthly invoice, and required reports. These funds shall not be used to supplant any other sources of funding including, Medicaid, private insurance, and/or, client fees. 6. Match: The Provider agrees to match the dollar amount awarded by the Council to the Provider in an amount equal to a minimum of 12.5% of the total approved contract amount or the higher amount so specified in the Proposal. The match may be provided in the form of cash or in-kind contributions, in accordance with the approved budget, hereby incorporated by reference. In- kind contributions may only include a portion of staff salaries, volunteers, equipment, space and other in-kind contributions as agreed to in writing by the Contract Administrator. The Provider shall provide proof of the match on Provider: City of Dania Beach M.OS.T. 2005 Contract#: 05-2823 Renewal: FY 06/07 26 or before the due date of the invoice(s). To the extent that the Provider fails to provide such proof, then that amount shall be deducted from any amounts due and owing by the Council to the Provider under this contract or any other contracts between the parties. The total amount of Match to be applied to this Scope of Work shall be a minimum of $63,033.00 of the total reimbursed contract amount through June 30, 2008, in accordance with the approved line item budget, hereby incorporated by reference. 7. Sliding Scale Fee: The program shall utilize a sliding scale fee as identified in the proposal, herein incorporated by reference. Remainder of page intentionally left blank. Provider: City of Dania Beach M.O.S.T. 2005 Contract#: 05-2823 Renewal: FY 06/07 27 VI. Performance Measures The provider shall adhere to the following four (4) required performance measures for general population and/or three (3) required performance measures for special needs, which address youth risk and protective factors: Mandatory Outcome Measures for General Population Services/ Outcomes Indicators Types of Evaluation Activities Children will Children will Percentage of School Attitudes shall be assessed improve their receive a minimum children using the "What I Think About Learning" attitudes of one hour daily of attending the tool. Pre-test to be administered within towards individualized program will two weeks of child starting program, learning. tutoring, homework improve their Mid-test to be administered at end of assistance, attitudes towards first semester; Post-test to be remediation, and/or learning. administered at end of second academic semester. enrichment activities. Children will Children will Percentage of Reading skills shall be assessed using maintain or participate in children the reading portion of the "WRAT-3." improve literacy activities to attending the Pre-test to be administered within two basic reading increase basic program will weeks of child starting program; Mid- skills. reading skills. improve basic test to be administered at end of first reading skills. semester, Post-test to be administered at end of second semester. *For Special Needs children ages 0-3 & General Population children 0-5: outcomes to be measured using the "Reading/Literacy Skills" assessmert tool to be provided by the Council. Children will Children will Percentage of Attitudes regarding Physical Fitness improve their participate in daily attending Activities shall be assed using the attitudes recreation, sports children will "What I Think About Physical Fitness toward and fitness Improve their Activities" tool. Pre-test to be physical activities using the attitudes toward administered within two weeks of child fitness SPARK or other physical fitness starting program; Mid-test to be activities. well-defined by engaging in administered at end of first semester; curriculum to daily fitness. Post-test to be administered at end of improve their second semester. strength, endurance, **For Special Needs children ages 0-3 flexibility and team & General Population children 0-5: building. outcomes to be measured using the developmentally appropriate 'Physical Fitness Assessment" tool to be provided by the Council. Provider: City of Dania Beach M.O.S.T. 2005 Contract#: 05-2823 Renewal: FY 06/07 28 Services/ Outcomes Indicators Types of Evaluation Activities Children will Children will Percentage of Social Skills will be assessed using the improve their participate in children who "Social Skills Assessment" tool. Pre-test social skills interesting age- regularly attend to be administered within two weeks of and appropriate social will demonstrate child starting program; Mid-test to be interactions interaction, improved social administered at end of first semester, with their recreational skills and Post-test to be administered at end of peers and activity, modeling interactions with second semester adults. and role playing peers and adults. activities 'For General Population & Special interwoven Needs children ages 0-5: outcomes to throughout the be measured using the "Early program by caring Childhood Skills Streaming" tool to be adults. provided by the Council. Mandatory Outcome Measures for Special Needs Population Services/ Outcomes Activities Indicators Types of Evaluation Children will Children shall Percentage of Pre-test to be administered within two benefit from receive daily children will weeks of child starting program; Mid- exposure to exposure to maintain or test to be administered at end of first reading and reading; either improve their semester; Post-test to be administered enhance silent or aloud by language at end of second semester using the language self or a caregiver development Adaptive Behavior Sca'e-School development. each day to skills. Second Edition (ABS-S:2) Part 1, maintain or improve Domain IV (Language Development), to language be provided by the Council. development. "For Special Needs children ages 0-3 & General Population children 0-5: outcomes to be measured using the "Communication" tool to be provided by the Council. Remainder of page intentionally left blank. Provider: City of Dania Beach M.O.S.T. 2005 Contract#: 05-2823 Renewal: FY 06/07 29 Services/ Outcomes Activities Indicators Types of Evaluation Children will Children will Percentage of Pre-test to be administered within two maintain or participate in daily children served weeks of child starting program: Mid- improve developmentally will maintain or test to be administered at end of first physical appropriate fitness improve gross semester; Post-test to be administered functioning activities one half and/or fine motor at end of second semester using the (112) hour per day skills. Adaptive Behavior Scale-School using fun indoor Second Edition (ABS-S:2) Part 1, and outdoor sport Domain II (Physical Development), to activities designed be provided by the Council. to maintain or improve their fine "For Special Needs children ages 0-3 and/or gross motor & General Population children 0-5: skills. outcomes to be measured using the -Specific fitness "Physical Fitness Assessment" tool to activities may vary be provided by the Council. depending on the special health needs of the children. Children will Children will Percentage of Pre-test to be administered within two maintain or participate in children served weeks of child starting program: Mid- improve activities to will maintain or test to be administered at end of first social and maintain or improve improve social semester, Post-test to be administered adaptive social and adaptive and adaptive at end of second semester using the behavioral behavioral behavioral Adaptive Behavior Scale-School functioning or functioning or daily functioning or Second Edition (ABS-S:2) Part 1, daily living living skills. daily living skills. Domain I (Independent Functioning) to skills, e.g. be provided by the Council. toilet training skills, feeding 'For children ages 0-5: outcomes to be skills, measured using the "Skills Streaming" dressing tool to be provided by the Council. skills, personal hygiene skills, decision making skills, etc. • Activities can be modified to specifically address client ages, needs and other target population requirements. • Pre/Mid/Post test measurements must be a "score-based tool'. Self report and observations are not acceptable measures. Provider shall ensure pre, mid, and post-testing is administered at the appropriate times using the approved tools, as described above. Failure to conduct pre, mid, and post- testing and/or provide subsequent outcome data reports may result in a moratorium on Council funding for a period of twelve (12) months. Provider: City of Dania Beach M.O.S.T. 2005 Contract M 05-2823 Renewal: FY 06/07 30 Provider shall report individual outcome measurement results in the SAMIS Measurable Objectives Module to the Council. Outcome information shall include the number of youths: • referred to the program • accepted by the program • currently active in the program • who have met the criterion for measurement for each outcome measure • who have achieved the outcome measure • who have failed to achieve the outcome measure As applicable, Provider shall also report in narrative form, the reasons for dropping-out and failures to achieve the outcomes, as well as, describing any factors that effected outcome achievement or measurement during the semester. In addition, after the program has been monitored, the Provider shall complete and return the Monitor Evaluation forms. Remainder of page intentionally left blank. Provider: City of Dania Beach M.O.S.T. 2005 Contract#: 05-2823 Renewal: FY 06/07 3l Exhibit B SAMPLE AFTERSCHOOL DAY SCHEDULE INAt'6a1T2DE1 , 2 00}St,— :DO p9n - 3;OO.gzi1— t p4 prri—5 OQ pill 5:00prtt'=. Q0 4: m 6:00. m Monday Attendance/Snack/ *Academic Physical Activities Community Outdoor Assistance Service Project Tuesday Attendance/Snack/ *Academic Social Skills Free Outdoor Assistance Choice Club Wednesday Attendance/Snack/ *Academic Art/Cooking/Computer Free Outdoor Assistance Choice Club Thursday Attendance.'Snack/ *Academic Social Skills Free Outdoor Assistance Choice Club Fridav Attendance/Snack/ *Academic Physical Activities Free Outdoor Assistance Choice Club ls'"CxT prig. ,3'00 prn 3,OQ pirr , , 4.40,pr t=5;00 Sian, 5:06"bl 4:00 m 6;0.0",n Monday Attendance/Snacks/Sports *Academic Social Skills Community And Games Assistance Service Project Tuesday Attendancc/Snacks/Sports *Academic Physical Activities Free And Games Assistance Choice Club Wednesday Attendance/Snacks/Sports *Academic Social Skills Free And Games Assistance Choice Club Thursday Attendance/Snacks/Sports *Academic Physical Activities Free And Games Assistance Choice Club Friday Attendance/Snacks/Sports *Academic Cooking/Art/Computer Free And Games Assistance Choice Club I Provider: City of Dania Beach Program M.O.S.T Contract#: 05-2823 Renewal 07/08 32 2" '.GT2Ay� 2:00 pm-300 pm ' 3: 0 Pitt- 4'00 pin-S:OO,pm Si00pm- 4:QD m' 6ib0pill,' Monday Attendance'Snacks/Sports *Academic Social Skills Community And Games Assistance Service Project Tuesday Attendance/Snacks/Sports *Academic Physical Activities Free And Games Assistance Choice Club Wednesday Attendance/Snacks/Sports *Academic Cooking/Art/Computer Free And Games Assistance Choice Club Thmsday Attendance/Snacks/Sports *Academic Social Skills Free And Games Assistance Choice Club Friday Attendance/Snacks/Sports *Academic Physical Activities Free And Games Assistance Choice Club z;00 pri r 3`40 'SM, ru 6:00 p nk. >00� zit . Monday Atten dance/Soack/ *Academic Art/Cooking/Computer Community Service Sports and Games Assistance Project Tuesday Attendance/Snack/ *Academic Social Skills Free Choice Club Sports and Games Assistance Wednesday Attendance/Snack/ *Academic Physical Activities Free Choice Club Sports and Games Assistance Thursday Attendance/Snack/ *Academic Social Skills Free Choice Club Sports and Games Assistance Friday Attendance/Snack/ *Academic Physical Activities Free Choice Club Sports and Games Assistance 4'y 0(1 pt}� 3 OQtt 3 00 p Tt k 00 pm ,5�l0m i 5 00p n 6 OQ pm G1117E. ;,<. F: i ,r. .d ' , 4:QQi Monday Attendance/Snacks/ *Academic Physical Activities Community Service Sports And Games Assistance Project Tuesday Attendance/Snacks/ *Academic Social Skills Free Choice Club Sports And Games Assistance Wednesday Attendance/Snacks/ *Academic Cooking/Art/Computer Free Choice Club Sports And Gaines Assistance Thursday Attendance/Snacks/ *Academic Social Skills Free Choice Club Sports And Games Assistance Friday Attendance/Snacks/ *Academic Physical Activities Free Choice Club Sports And Gaines Assistance I Provider: City of Dania Beach Program M.O.S.T Contract#: 05-2823 Renewal 07/08 33 S` C12AllE 2;ODptn 3:00`prei - 3:0Q ptn— 4:00 pm—5:00 pm 5:00p't r—6:00 ptn, . 4:00, m Monday AttendancerSnacks/ *Academic Social Skills Community Service Sports And Games Assistance Project Tuesday Attendance/Snacks/ *Academic Physical Activities Free Choice Club Sports And Games Assistance Wednesday Attendance/Snacks/ *Academic Socia: Skills Free Choice Club Sports And Games Assistance Thursday Attendance/Snacks/ *Academic Physical Activities Free Choice Club Sports And Games Assistance Friday Attendance/Snacks/ *Academic Cooking'Art/Computer Free Choice Club Sports And Games Assistance Sample Non School Day Schedule 7:30 A.M. - 9:00 P.M. - Arrival/Free Choice Centers (Board Games (including literacy, math), art, reading) 9:00 A.M. - 10:00 A.M. - P.A.R.T.Y. (Pick Anything & Read To Yourself) 10:00 - 12:00 P.M. - Departure from School- either Full Day Field Trip (e.g. Miami Seaquarium, Parrot Jungle, Skating, Museum of Discovery/IMAX Or Park - Sports/Games (Kickball, Basketball, etc.) & Lunch 1:00 - 4:00 P.M. 1/2 Day Field Trip (Planetarium, Native Village) 4:00 P.M. - 4:30 P.M. SNACK 4:30 - 5:00 P.M. SPARK 5:00 p.m. - 6:00 p.m. Departure & Brain Games (Trivia, Logic, Puzzles, SCRABBLE etc) Prcvider: City of Dania Beach Program M.O.S.T Contract#: 05-2823 Renewal 07/08 34 CITY OF DANIA BEACH MEMORANDUM TO: Mayor and Commission CC: Ivan Pato, City Manager Colin Donnelly, Assistant City Manager Nick Lupo, Code Compliance Manager FROM: Thomas J. Ansbro, City Attorney DATE: October 30, 2007 RE: Proposed Amendment to City Ordinance Restricting the Number of Dogs Allowed to be Kept at a Dwelling Currently, a City ordinance (Code Section 5-2(e)) provides that it is unlawful for "any person to keep more than three dogs". The law has been in effect for a number of years. However, in a recent Code Enforcement case, it was determined that a husband and wife demonstrated that each of them legally owns three dogs. The spirit and intent of the law was and has been to restrict the number of adult dogs at a residence to three (an exception exists for the temporary keeping of litters of puppies). It is necessary to change the ordinance so that no more than three dogs are allowed to be kept " in any dwelling unit" (and a definition of dwelling unit will be added to the provisions of that part of the Code). This is ready for Commission approval (adoption of the ordinance). TJA:slw Attachment ORDINANCE NO. 2007-029 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING SECTION 5-2(E) OF THE CITY CODE OF ORDINANCES TO CLARIFY THE RESTRICTION AS TO THE NUMBER OF DOGS (THREE) THAT MAY BE KEPT IN A DWELLING UNIT; DEFINING THE TERM "DWELLING UNIT" (CODE SECTION 5-1.3); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That Section 5-1.3 of the City Code of Ordinances is amended to read as follows: Section 5-1.3 Definitions. • • • Dwelling Unit means a room or group of rooms designed, used or occupied as separate living quarters by a person or persons living together as a single household. • • • Section 2. That Section 5-2 (e) of the City Code of Ordinances is amended to read as follows: Sec. 5-2. Keeping of animals and fowl within city prohibited; exceptions. • • • (e) It shall be unlawful or any perse to keep more than three (3) dogs in anv dwelling unit. A litter of puppies may be kept for a period of time not exceeding five (5) months from birth, without being counted towards the limitation of three (3) dogs. This subsection shall not apply to kennels as defined in this chapter 5. • • 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 take effect immediately at the time of its passage. PASSED on first reading on 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#2007-029 CITY OF DANIA BEACH Agenda Item # 7 /0 Agenda Request Item Date of Commission Meeting: 11-13-2007 Public Hearing ❑ Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑X Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: R eq'kated ACt3on t(denfiCy'appr©prWbActiortarM0tiony Amend parking permit fees Why Action is Necessary. As per request by the Commission tNha#Action Accismgltshes Pty0fooll Repirests ONLY : Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary ExplariationlBackground F[scal lmpact/GQst Summary Exhtblfs Attachttd Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Atthcriecf Signakures Submitted by Patricia Varney Date 11/06/07 Department Director Date Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 11/06/07 City Attomey Thomas J. Ansbro Date 11/06/07 City Manager Ivan Pato Date 11/06/07 User Creating Item Item Name (do not use/or\ in name) Patty Varney Parking Ordinance City G1erk.Use Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ ORDINANCE NO. 2007-030 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 6, "BEACHES, PARKS AND RECREATION", OF THE CITY CODE OF ORDINANCES BY AMENDING SECTION 6-33 "SCHEDULE OF CHARGES", TO CLARIFY THE RATES TO BE PAID FOR BEACH PARKING PERMITS PARKING FEES FOR MOTOR VEHICLES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That Chapter 6, "Beaches, Parks and Recreation" of the Code of Ordinances of the City of Dania Beach, Florida, Section 6-33, "Schedules of Charges," is amended to read as follows: See. 6-33. Schedule of charges. The City Commission has established the following parking fees to be charged the owner or operator of each motor vehicle parking at Dania beach parking areas of the City between the hours of 8:00 a.m. and 6:00 p.m. daily: a) There shall be a charge of one dollar and fifty cents ($1.50) for each hour or any fraction of an hour of parking time. This charge shall become effective October 1, 2007. b) That eff etiye Weber 1 �nn� ..,may resident of the city shall be exempt from the payment of charges as set forth in subsection (a) hereinabove by obtaining a parking permit (sticker) from the city. The permit (sticker) shall be available from the city in the form of a decal, which must be affixed to the exterior lower left corner of the rear window of the vehicle, or if the vehicle is a convertible, it must be affixed to the left of the license plate on the rear bumper. The parking permits (stickers) shall be issued annually to correspond with the city's fiscal year, and a charge of thirty-five dollars ($35.00) per year for a resident permit, plus Florida sales tax, shall be paid to the city for each such parking permit issued; provided, however, that any senior citizen resident who demonstrates to the city that his or her age is fifty-five (55) or more, owns propertv in the City and resides in the City on a part-time or full-time basis shall be entitled to such a permit (sticker) upon payment of a fee of twenty dollars ($20.00), plus sales tax. The word "resident," as used in this Section, shall mean a person who lives in the city and who submits a copy of a current Florida motor vehicle registration or a true copy of an existing fully executed lease agreement for a motor vehicle registered in Florida to verify the owner/applicant's name, and, in addition, a current utility bill or voter's registration card in the same name and showing a Dania Beach address. If the applicant provides a motor vehicle registration showing registration outside of the State of Florida, the permit fee shall be $60.00, unless the person qualifies for the twenty dollar ($20.00) permit specified above. If the applicant is a lessee of the motor vehicle to which the permit (sticker) is to be affixed, such lessee after proof of City residency has been demonstrated to the City, shall pay an additional sum of thirty dollars ($30.00) at the time of issuance of the permit (sticker) which sum shall be returned to the lessee, without interest, upon return of the permit (sticker) to the city clerk. The owner of a business located in the city shall be issued one parking permit upon payment of such fee and by presenting a copy of the business tax receipt issued to such business and a copy of the motor vehicle registration form to show that both were issued in the same name. Section 2. That except as amended above, all other provisions of Chapter 6 of the Code of Ordinances of the City of Dania Beach, Florida, shall remain in full force and effect. Section 3. 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. Section 4. 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 5. That this Ordinance shall take effect retroactive to October 1, 2007. 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#2007-030 CITY OF DANIA BEACH Agenda Item # Agenda Request Database Date of Commission Meeting: 11/13/2007 Public Hearing ❑ Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: 10/9/2007 RESOLUTION NO.2007-194 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE WAIVER REQUEST PERTAINING TO EMERGENCY GENERATOR(WA-54-07),SUBMITTED BY TANYA PIKER ON BEHALF OF HOMEOWNER MITCHELL J.SHOELSON,FOR PROPERTY LOCATED AT 5022 SW 40TH AVENUE,IN THE CITY OF DANIA BEACH,FLORIDA;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Request by Generator Concepts on behalf of Mitchell Shoelson, 5022 SW 40th Avenue, to waive generator setback requirements and exceed maximum storage tank size (Property located at Twin Oaks Townhouses on SW 40TH Avenue) MINIM Resolution Staff Report Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 F77 Submitted by Laurence Leeds Date Department Director Laurence Leeds Date Assistant City Manager Date HR Director Date Finance Director Date City Attorney Date City Manager Date d ...v.. a xaxammxxuxroazanreww.0 rrxc+� Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-194 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE WAIVER REQUEST PERTAINING TO EMERGENCY GENERATOR(WA- 54-07), SUBMITTED BY TANYA PIKER ON BEHALF OF HOMEOWNER MITCHELL J. SHOELSON, FOR PROPERTY LOCATED AT 5022 SW 40TH AVENUE, IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,Section 8-175 of Article XII of Chapter 8 of the Code of Ordinances of the City of Dania Beach, Florida, sets the requirements for installation of emergency generators; and WHEREAS, Tanya Piker on behalf of a homeowner Mitchell J. Shoelson, is requesting a waiver to install a propane generator and underground tank as follows: 1) Emergency Generator to be located in the front yard of a townhouse within 2.4 feet of the adjoining townhouse side lot line(Article 8-175,Chapter 8 requires a minimum 10 foot side yard setback); and 2) 500 gallon underground propane tank to be installed within five(5)feet of aside lot line (Article 8-175, Chapter 8 requires a minimum 10 foot side yard setback); pertaining to property located at 5022 SW 40`h Avenue, in the City of Dania Beach; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain request for waiver for installation of an emergency generator (WA-54-07), copy of which is attached and made a part of this Resolution as Exhibit "A" is approved. Section 2. That based upon the criteria set forth in Section 8-175 of Article XII of Chapter 8, of the Code of Ordinances of the City of Dania Beach, all approvals shall automatically expire and become null and void unless building permits are obtained on or before 12 months from the date of this Resolution. 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 October 9, 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#2007-194 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT DATE: November 13, 2007 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director C G _ SUBJECT: Request by Generator Concepts on behalf of Mitchell Shoelson, 5022 SW 401h Avenue, to waive generator setback requirements and exceed maximum storaAge tank size (Property located at Twin Oaks Townhouses on SW 40 Avenue) The item was continued to the November 13, 2007 City Commission meeting to allow the applicant to resolve fire inspection and building code issues. At the same time, applicant was asked to repay the application fee and returned-check costs. As staff has heard nothing from the applicant, staff recommends this item be withdrawn. Cc: Pat Varney, Finance Director CITY OF DANIA BEACH Agenda Item # /• Agenda Request Database Date of Commission Meeting: 11/13/2007 Public Hearing ❑ Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: RESOLUTION NO.2007-218 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE REQUEST BY JOHN ENGLAND,P.E.,WITH CONSULTECH DEVELOPMENT SERVICES,INC.,ON BEHALF OF REGINA NOVAES PERIM REPRESENTING VENEZIA VILLAS,LLC,FOR AN EXTENSION CIF VARIANCE VA-49-06 APPROVED BY RESOLUTION NO.2006-195 AND SITE PLAN SP-10-06 APPROVED BY RESOLUTION NO.2006-197,ALL APPROVED ON NOVEMBER 28,2006,FOR PROPERTY GENERALLY LOCATED AT 4432 SW 52nd STREET,DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. in 1!i Dept: Acct#: Al Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ asomm SP-10-06EXNA-49-06EX: Consul-Tech Engineering is requesting an extension of a previously approved variance, waiver and site plan for an eight-unit town home project to be located at 4432 SW 52 Street. Resolution Staff Report Application Site Plan Exhibit 1 Exhibit 2NINE Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by Laurence Leeds Date Department Director Laurence Leeds Date Assistant City Manager Date HR Director Date Finance Director Date City Attorney Date City Manager Date Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-218 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST BY JOHN ENGLAND, P.E., WITH CONSULTECH DEVELOPMENT SERVICES,INC.,ON BEHALF OF REGINA NOVAES PERIM REPRESENTING VENEZIA VILLAS, LLC, FOR AN EXTENSION OF VARIANCE VA-49-06 APPROVED BY RESOLUTION NO.2006-195 AND SITE PLAN SP-10-06 APPROVED BY RESOLUTIONNO.2006-197,ALL APPROVED ON NOVEMBER 28,2006,FOR PROPERTY GENERALLY LOCATED AT 4432 SW 52"1 STREET,DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 8.4 of Article 1 of Chapter 8 of the Code of Ordinances of the City of Dania Beach, Florida, states that all site plan approvals shall automatically expire and become null and void unless building permits are obtained on or before twelve (12) months from the date of approvals of the plan by the City Commission; and WHEREAS,on November 28,2006,the City Commission approved the request for variance VA-49-06 to allow a 22 foot wide driveway(where a 24 foot driveway is otherwise required)and a waiver from the 40%pervious area requirement(to provide 38%where 40%is otherwise required); and WHEREAS,on November 28,2006,the City Commission also approved the request for site plan SP-10-06, to allow the construction of an 8 unit town home project (Seminole Village),to be located at 4432 SW 52nd Street, Dania Beach; and WHEREAS, John England, P.E., of Consultech Development Services, Inc., on behalf of Regina Novaes Perim representing Venezia Villas, LLC, is requesting a six (6)month extension of the expiration date for the variance and site plan approvals until May 28, 2008; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the request to extend the expiration dates for the approval of the variance (VA-49-06) and site plan (SP-10-06) until May 28, 2008, is approved. Section 2. That such approval is subject to the conditions previously approved by the City Commission. 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#2007-218 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT DATE: November 13, 2007 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director SUBJECT: SP-10-06EX/VA-49-06EX: Consul-Tech Engineering is requesting an extension of a previously approved variance, waiver and site plan for an eight-unit town home project to be located at 4432 SW 52 Street On November 28, 2006, the City Commission approved the following: Variance: To allow a driveway to be 22 feet; code requires 24 feet. Waiver : To allow 38% pervious area; code requires 40%. Site Plan: To allow the construction of eight town homes. The approvals (granted subject to the following) expire November 27, 2007. 1 . Approval of storm drainage calculations by Public Services. 2. The reduction will be acceptable for the driveway adjacent to 10 guest parking spaces. -. 3. The driveway must be designated by yellow painting, striping or markings on the curbs and roadways and the words "NO PARKING - FIRE LANE". These markings must extend from the west side of the pavement 6' into the drive aisle. ALL pavement markings shall be of thermoplastic paint. 4. Free-standing signs shall be as follows: a. Signs are to be 24" in height by 18" in width. b. Signs must be of white background with red letters. c. The sign must state "NO PARKING - FIRE LANE BY ORDER OF FIRE DEPARTMENT". d. Signs are to be 7' in height from the roadway to the bottom of the sign. e. The signs shall be within sight of the traffic flow and no more than 60' apart. The applicant is now requesting an extension for 6 months, to May 28, 2008, due to permitting delays at the SWFMD and Broward County EPD. RECOMMENDATION: At the discretion of City Commission. ConsulTech October 9, 2007 E N T E R R R I S E S i N C. Mr. Laurence Leeds, A.I.C.P. Cun,ul-Tech Director of Community Development ( „n,trucuun Nlanagemcnc, Inc. City of Dania Beach C,n,ui-Tech 100 W. Dania Beach Boulevard i Development Scr„ce,, Inc. Dania Beach, FL 33004 ( on,u(-Tech I Engineering,Inc. I , - Con,ul 1cch RE: SEMINOLE VILLAGE _. -. -___ Sur,eymg& Mapping, Inc. City Petition No. SP-10-06 & VA-49-06 Consul-Tech CTE Project No. 05-091140 rran,pormunn,Inc. Dear Mr. Leeds: Please note that our office and the Developer of the above noted project are presently processing the required Surface Water Management License and the Water and Sewer Plans approval through Broward County Department of Environmental Protection and the Broward County Water and Wastewater Engineering Division, respectively. Based upon the current stage of processing of the aforementioned surface water management ement license and water and sewer approval,it is anticipated that the project's building permit will not be able to be obtained through the City Building Division prior to expiration of the project's Site Plan and Variance approvals. Accordingly, our office on behalf of Lakewood Rauch Veneza Villas, LLC is requesting a minimum six (6) month extension of the Site Plan Suns T„s"°comer Pk`"y. Suite I12 and Variance approvals to allow the completion of the remaining site permitting and I-,kec,-u.„I Ranch, Fl. i430_' building permit processes. (941)907-8822 FAX(941)907-8821 We have attached the following documents for your use in processing of our request for an extension of the Site Plan and Variance approval: Bonita springs (2io)947-0'_66 • One (1) copy of the Resolution No. 2006-195 (Variance Approval VA-49-06) FAX('in)947-11'1 and Resolution No. 2006-197 (Site Plan Approval SP-10-06) Miami • Ten (10) sets of the previously approved Site Plan sets — Eight (8) sets of FAX iOi)5 1 11"x17" format plans and Two (2) sets of24"x36" format plans F.�X(;ns)���-a14s Miami Lakes Our office and the Developer would appreciate your presentation of our request of the (sus)sse, 0-s extension of the Site Plan and Variance approvals to the City Commission at the next FAX(ins)ss6-5154 available City Commission meeting for their consideration. Miramar Should you have any questions related to any of the above or require any additional information to allow your processing of our request,please do not hesitate to contact me (954)418-43n9 at my office at (954) 438-4300, extension 1015 or by cell phone at (954) 444-2499. FAX(954)41S-143 i Orlando Sincerely, (407)649-8314 FAX(407)649-8190 West Palm Beach (561)659-3680 John England, FAX(561)659-2w5 Vice sident (Srq 242-6042 FAX(561)242-9745 cc: Regina Perim Fax # (954) 515-0200 www.cte.cc RESOLUTION NO. 2006-195 A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY SHERYL ZVI, LAND PLANNER WITH CONSULTECH DEVELOPMENT SERVICES, INC., ON BEHALF OF REGINA NOVAES PERIM REPRESENTING VENEZIA VILLAS, LLC, FROM CHAPTER 28, "ZONING", FOR PROPERTY LOCATED AT 4432 SW 52ND STREET, DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, "Zoning", Article 6, "Supplementary Use Regulations", Section 6.21, " Off-Street Parking", prescribes the off-street parking requirements for properties within the City of Dania Beach; and WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, "Zoning", Article 29 "Pervious and Impervious Areas", Section 29.10 prescribes the impervious land area requirements for properties within the City of Dania Beach; and WHEREAS, Sheryl Zvi, with Consultech Development Services, Inc.,on behalf of Regina Novaes Perim representing Venezia Villas, LLC., has applied for a variance (VA-49-06) from Chapter 28, "Zoning", to allow a 22 foot wide driveway (where a 24 foot driveway is otherwise required) and a waiver from the 40% pervious area requirement (to provide 38% where 401/0 is otherwise required); and WHEREAS,the Planning&Zoning Board on October 18,2006, recommended approval of the variance request 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-49-06, from requirements in Chapter 28, "Zoning", Article 6, "Supplementary Use Regulations"; Section 6.21, "Off-Street Parking", and waiver from Article 29, "Impervious and Pervious Areas", Section 29.10, is approved with the following conditions: The following comments must be addressed prior to issuance of a building permit: 1. Approval of storm drainage details and calculations (Public Services). 2. Fire Marshal's comments dated July 13, 2006 (Fire Marshal). 3. Applicant to provide a 6 foot wall along the west and east lot lines, as well as the north interior lot lines (directly north of the proposed townhouses). 4. In addition to providing drainage improvements to compensate for the 2% reduction in pervious area,applicant shall provide porous concrete paving for the 10 guest parking spaces,subject to determination of availability by the Building Official. 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 November 28, 2006. PATRICIA FLURY MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION #2006.195 RESOLUTION NO. 2006-197 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE PROPOSED SITE PLAN REQUEST SUBMITTED BY SHERYL ZVI,LAND PLANNER WITH CONSULTECH DEVELOPMENT SERVICES, INC., ON BEHALF OF REGINA NOVAES PERIM REPRESENTING VENEZIA VILLAS, , LLC,FOR PROPERTY LOCATED AT 4432 SW 52"d STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 8.4 of Article I of Chapter 8 of the Code of Ordinances of the City of Dania Beach, Florida, states that a site plan is required as a condition to the issuance of a building permit; and WHEREAS, Sheryl Zvi,with Consultech Development Services, Inc.,on behalf of Regina Novaes Perim representing Venezia Villas, LLC, has applied for site plan approval to allow the construction of an 8 unit town home project (Seminole Village), to be located at 4432 SW 52"d Street, Dania Beach; and WHEREAS,the Planning & Zoning Board on September 27, 2006, recommended that the City Commission grant the site plan request(SP-10-06), based upon the criteria set forth in Section 8.4 of Article 1 of Chapter 8 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 (SP-10-06) for site plan approval, a copy of which is attached and made a part of this Resolution as Exhibit "A", is approved, subject to the following conditions: The following comments must be addressed prior to issuance of a building permit: 1. Approval of storm drainage details and calculations (Public Services). 2. Fire Marshal's comments dated July 13, 2006 (Fire Marshal). 3. Applicant to provide a 6 foot wall along the west and east lot lines, as well as the north interior lot lines (directly north of the proposed townhouses). 4. In addition to providing drainage improvements to compensate for the 2% reduction in pervious area,applicant shall provide porous concrete paving for the 10 guest parking spaces,subject to determination of availability by the Building Official. It is further noted that the original Site Plan is maintained in the office of the Community Development Department of the City of Dania Beach. Section 2. That based upon the criteria set forth in Section 8-4(p)of Article 1 of Chapter 8, of the Code of Ordinances of the City of Dania Beach, all site plan approvals shall automatically expire and become null and void unless building permits are obtained on or before 12 months from the date of this Resolution. 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 passage and adoption. PASSED AND ADOPTED on November 28, 20D6. � � l i PATRICIA FLURY MAYOR-COMMISSIONER ATTEST: i LOUISE STILSON,CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2006-197 U J i U e - _ = u Q a` - � d I ' V n LI - U v J o Q - n N � C J Q J ? 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O v,2? � ��o "�, _off, - - - -�.°,� 9c+. efl o '"� F � II Opp oo W vi b c r J o � H N N 01 � H y a ILD a £ r) IS R d = G a a - n a ao z a m 7 S a a a a o � Ila �I CITY OF DANIA BEACH Agenda Item # /• �/ Agenda Request Database Date of Commission Meeting: 11/13/2007 Public Hearing ❑ Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: RESOLUTION NO.2007-219 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE SITE PLAN REQUEST AND PERVIOUS AREA WAIVER SUBMITTED BY MANNY SYNALOVSKI OF CUBELLIS/SGR ON BEHALF OF THE PROPERTY OWNER HARRY DORNBUSCH,ATLANTIC 18,LLC,FOR PROPERTY LOCATED AT 1249 STIRLING ROAD,IN THE CITY OF DANIA BEACH,FLORIDA;PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ SP-50-07-Site Plan approval to construct an 80,745 square foot of warehouse/office complex. The site plan includes the following waivers: (1) 15 foot rear yard setback (20 feet required). (2)15% Pervious Area (30% pervious area required). Resolution Staff Report Application Site Plans -�hibit 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 Assistant City Manager Date FIR Director Date Finance Director Date City Attorney Date City Manager Date Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-219 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST AND PERVIOUS AREA WAIVER SUBMITTED BY MANNY SYNALOVSKI OF CUBELLIS/SGR ON BEHALF OF THE PROPERTY OWNER HARRY DORNBUSCH, ATLANTIC 18, LLC, FOR PROPERTY LOCATED AT 1249 STIRLING ROAD, IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 8.4 of Article 1 of Chapter 8 of the Code of Ordinances of the City of Dania Beach, Florida, states that a site plan is required as a condition to the issuance of a building permit; and WHEREAS, Section 18.60 of Article 18, the "Industrial Research Office Marine (IROM) District'of Chapter 28 of the City Code of Ordinances of the City of Dania Beach,Florida, sets the pervious area and setback requirements for uses within the IROM zoning district; and WHEREAS,Manny Synalovski of Cubellis/SGR representing Harry Dornbusch, Atlantic 18, LLC, is requesting site plan approval (SP-50-07) for the proposed construction of an 80,745 square feet warehouse and office to be located at 1249 Stirling Road in the City of Dania Beach;and WHEREAS, Mr. Synalovski is requesting waivers to provide the following: (1) 15 foot rear yard setback (20 feet required); and (2) 15%Pervious Area (30%pervious area required); and WHEREAS, the Planning and Zoning Board on October 17, 2007, recommended that the City Commission grant the site plan request (SP-50-07) and associated waivers, subject to certain conditions, based upon the criteria set forth in Section 8.4 of Article 1 of Chapter 8 of the Code of Ordinances of the City of Dania Beach; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain application (SP-50-07) for site plan approval and the associated request for waivers, a copy of which application is attached and made a part of this Resolution as Exhibit "A" is approved with the following conditions to be addressed prior to issuance of a building permit: (1) Applicant to provide additional landscaping in the front yard and identify a suitable substitute for the Geiger trees; (2) Applicant to modify the north parapet treatment of Building No. 1 consistent with Building 4. It is further noted that the original site plan is maintained in the office of the Community Development Department of the City of Dania Beach. Section 2. That based upon the criteria set forth in Section 8-4(p)of Article 1 of Chapter 8, of the Code of Ordinances of the City of Dania Beach, all site plan approvals shall automatically expire and become null and void unless building permits are obtained on or before 12 months from the date of this Resolution. Section 3. That all resolutions orparts 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 12007. BOB ANTON MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2007-219 City of Dania Beach, Florida Department of Community Development Planning and Zo . General Development Application �U ❑ Administrative Variance ❑ Assignment of Flex/Reserve units AUG 15 2007 ❑ Land Use Amendment ❑ Plat Planning ❑ Plat Delegation Request Department ❑ Rezoning Date Rec d: -81 Plan ❑ Special Exception Petition No.: "� ❑ Special Request ❑ Traffleway Waiver ❑ Variance ❑ Vacation Request ❑ Other: THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required Documentation"checklist to determine the supplemental documents required with each application. For after the fact applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may Impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the City's Building Department. Location Address: I24q S-rl IZLi N f-T R,arll? Lot(s): Block: Subdivision: Recorded Plat Name: JAB EIZ I ND V<Tr—( A L 'RA i -IL Folio Number(s): 514.2 Oaf-77-OD/D Legal Description: SEE ASTAGNEy yHeArT). Applican onsultant/Legal Representative (circle one) Address of Applicant: Jb60 ELL2F, .DRIVE-. SuITC riCC) / Business Telephone: 54- I-6"Come: Fax: 97 4 9 �-(P g O 7 Name of Property Owner: {4TLANT 1 C 8� L LG , 4-A(t.f2 c/ Address of Property Owner: 163 1I N J. SZ "'? AUs. Pmml cmozpea/S • F/ 330#- Business Telephone: 305-6Z/-013Z Home: Fax: 305-6Z I -44rj0 Explanation of Request: S_ r ?l OfZ01/4 I �1L -4� �J;.:' Or W4R 8P—()5 0FFKe Yt1Lfc'. Prop. Net Acreage: Gross Acreage: 4 U Prop. Square Footage: Bgj P S/�• Existing Use: I NYus-r 4 1 AL- Proposed Use: WAIUA7 SE /afF/C� (Ie/GYJsrnf�') Is property owned individually, by a corporation, or a joint venture? Co&fo KAI 100 LEGAL DESCRIPTION: PARCEL "A' OF 'JABFER INDUSTRIAL PARK', A SUBDIVISION OF A PORTION OF THE NORTHEAST)/4 OF SECTION 4, TOWWNSHIP 81 SOUTH, RANGE 42 EAST, BROWARD COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK Iro3 AT PAGE 30 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. I under nd that site p and variance approval automatically expires within 12 montlt of Ity CommTh approv 1,pursuant to Ordinance No. ZP �RN �ew "t1l ;rc nt/Owner s7L1TAKTj PH ame ANT,CONS OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscrriib�edbdbrq me ApplkarN/CormdW dive: This r day of t7y7VS T 20 T If Signature: 10 Data Sign Name of Notary public (Pdrt Na ) Reba of( Flon-doL ) .z%elo &QIM eJP Print Name of Notary ^r Street Address,City, State and Zip Code � PVW sew:r� ptrtaysiow r0bei034e Telephone Na &Fax Na ,j ptpweg; MAY 02,2011 wwwAARONNOrARYmm INDMDUAL OWNER NOTARIZED SIGNATURE: This Is to artily that I am the fee simple owner of subject lands described above and tlat I have authorized (AppU®nr/CorwtmM/Represartatlue) to make and file the aforesaid application. Sworn to and subscribed before me Owner: This_day of 20_ Signature: Date: Sign Name of Notary Public (Print Name) State of( ) Print Name of Notary Street Address,City,State and Zip Code Commission Bores: Seal: Telephone No.&Fax No. i CORPORATION NOTARIZED SIGNATURE: This Is to catty that the below referenced corporatlon Is the oww of subject lands described above and that 1, as a duty authorized offlow, have authorized (AMkaW ) to make and file the aforesaid applkatfon. Sworn to and subscribed before me Corporation Name, This /Sday of/'7 v vt7 re 20-0 IF wrn / Signature: V". Troia Camero Date: i� '` caMMasiar.00erow dtiv vJ i k► t]Ma: MAY A 201t ZZ71, .MnoNNaAoYcw ( Na f OYe R;Nc (Print Title) Z- �Qr%0 er0 Print Name of Notary Street Address,City,State and Zip Code Comm&"Expires: b"J� r� a0�I Seal: Telephone No. E Fax No. JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This Is to catty that the below referenced that the duly authorized persons are the owners of subject lands described above and that all partners have authorized (Appgont/Coruultant(RepresentaWe) to make and file the aforesaid application. to and subscribes be,"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 Cade Commission Expires: Seal: Telephone No. 9 Fax No. **Each partrwr must sign. Adxh duplicate sheets as required. `(Ca-nits K c� Florida Department of Transportation I CHARL46 CRIST Nizim Four-pc rnts Otiu StEPRAMrE G KoPE1.017906 COVERNOR 1400 W"t Commetelal Boulevard Fort Lauderdale SECRP,TARY Plgrida 33309.341t Telephone 934-777.4183,Pia 9$4-477.7893 Toll-Frey 886.336-80.1S REVISZD CONCLUSION June 14,2007 THIS PRE-APPLICATION F1NDII IG MAY NOT HE USED AS A BASIS FOR PERMIT APPROVAL AMR THIS DOCUMENT IS NOT&A P ZRM1-r APPROVAL Mr.Alberto A.Mora,P.S. Schwebks-ShM in&Anociataa,ine. 3240 Corqp"Way Ivti"r=,7lotida JS023 Out Mr. Mon: RE: June S,2007 Pro.,a lication Review for category D Driveway Connection 13avward C la the cry of Dania Beaeb Reference Pr Project 4114 hi,State Section 86016,State Road 848,AMrox,M,P,6.112 Posted Speed 13 mph,Aceess Clain u Location;50t01efepet4westofNorth 22 Ave=,(SW 12 Ave"),South Side of Sate Road 848 n't N t A bi$r l 18,LLC,Property Owner.Adatnic 1 S,LLC P ama:la ustrAl Park,Plat No.013-UP-95 Sim Acreage 4.33,Proposed Land Use: Of15celWorehouae,Maximum Square postage; 84,000 Proposed Project Name&Address:OranPlaaa, 1320 Stirling Road Your,Requesti Rigbtdn,right-out driveway approximately 320 feet wait of North 22"•Avenue near the east property line. OUR FM NGS. baud on your request and your prestmtsdon of facts. • We approve the concept as preseRt4d, See below for conditions and comments. Conditions. A minimum throat depth of 45>inet is ufr4d measured 0rom the tttdotate Ir ¢htjf$XW0 Y line to the first canCu''et, If�ate 1a installed then the setback ahoald 1nie�1tU0 [feat minimmn. Comments, The traffic study determined that a right-titre lane is not warranted. • DrAinae�Anti atioptU required Storm Water Pollution prevention Plan should be TubunDtmeoaiotu betw"O n dnvfetways tared from the near edge of pavement to near edge of pavement unless q�th$a inmQ�(pcaoed Dimerlsions between median openings d7c measured from eentenlae to can ass otherwise g u enito o tohaott Sa tieda vfpeddp e�l ae it w�,Psiaaara•teyt oasaa poanop a lttonihe vc{dea�ae o°tirtS'�ot d u�,no,to��evaR ej tagn ea�sopww e pslsa taie iyttPs"nr�e.sa'Fc it�ePTg�o��ohsm��r}*tm>pasa bdapl wyioyyinita sa hbethuye emr nn awa ue winiD��teno csfcto}ahrJe,op eStpou�e ar>p��m evvurotaeiec,dmo dgeiatyfireau�en eb�oeatdo r rs.erbto sysnmnu td6b eua�nabntµhvs ttie os�rgI oqneaeaauddn d¢pa eid�}cn�atce t�spop�e�onarod�xr6_ 11epsaofaApplicant provide current survey site tan traffic study,current spacing o�i tt b a info nfto ry 44scubrit whe avty e m�t t�asoAtwtoganil plp te a o7I ls]iZ ac ant nt, You may contact us at the number or addreaass above. Thank you for visiting with us. Sincerely Pcq —i �oIatanna RGI/jma Post•Ir Fax Note 7671 Date ► Cc: B ca n w Th G oe9a So •Sueit a m cite Rom C Pleat i;lpertnit_ttmem,ip�eonccpu sBro.�dlAddnNe lA-SR$48—R 0o'3Ops' 00. v Phone a Firms a4 b Kimley-Horn 1• and Amdates, Inc. May 18,2007 ■ 441 Embe aaero Me Mr. Manny Synalovsld Wal Palm Beech,Florida Cubellis/SGR a�or 1800 Eller Drive, Suite 500 Fort Lauderdale,Florida 33316 Re: CK Grand Plaza Traffic Generation Evaluation Dear Manny: Kinrley-Horn and Associates,Inc.has undertaken a traffic generation calculation for the CK Grand Plaza site to evaluate the traffic entering and exiting the right- in/right-out site driveway. This site is located on the south side of Stirling Road (State Road 848)west of North 22e1 Avenue in Dania Beach,Florida. The site is proposed to include a total of 84,000 square feet of industrial park use. Fitted curve equations published by the Institute of Transportation Engineers in Trip Generation, 7"Edition for land use code 130 (Industrial Park)were used to determine the site traffic generation potential. A copy of the ITE description for this land use is attached to this letter. Table 1 summarizes the calculations that were undertaken. TABLE CK GRAND PLAZA TRIP GENERATION AM PEAK HOUR TRIPS Plt PEAK HOUR TRIPS Land lie Intend TOtel [n Out Total In Out Tndusarisl Perk 94.000 3q.ft. 90 74 16 107 22 85 Notes; Trip Ganandon Calculanons%ere based upon the folloWing dam: AM Peak Hour Indusuid Park (ITE 120) — Ln(T) 0 77 x Lo(X) 1.09(82°/.mmnng 14%eziiing) PM Peck Hour Tnduvnial Park (ITE DO) — T-0.77x X+42.11(21%cntenng,79%exiting) As shown in this table,the a.m. peak hour traffic generation potential using the following equation: Ln(T)-0.77 Ln(X) + 1.09. Based upon this calculation,the site generates a total of 90 trips during the a.m.peak hour, of which 74 trips are narking right turns into the site and 16 trips are making right turns exiting the site. The p.m. peak hour traffic generation potential was evaluated using the following equation:T=0.77(X)+42.11. Based upon this calculation, the site generates a a TEL 561 Us 0666 FAX 561 863 8175 Kimley-Hom • and Associates, Inc, Mr.Manny Synalovski,May 18,207,page 2 total of 107 trips during the p.m. peak hour,of which 22 are entering the site and 85 are exiting the site. As shown in this calculation, the maximum volume of vehicles making right turns into the site during either of the peak hours is 74 vehicles. This is below the minimum threshold at which a right turn lane would typically be required given the characteristics of this roadway. Should you have any questions regarding this calculation,please call me at(561) 845-0665. Sincerely, F-U%1f.EY-HORN AND ASSOCIATES,INC. _i Chn'stopheiW.Heggen,P.E. Transp'urtariott . 'dab)?� lion Niriitber 59636--' CA#0000000696 Attachment p:1marrhaW 05 N07ms.doe Land Use: 130 Industrial Park Description Industrial parks contain a number of industrial or related facilities. They are characterized by a mix of manufacturing, service and warehouse facilities with a wide variation in the proportion of each type of use from one location to another. Many Industrial parks contain highly diversified facilities—some with a large number of small businesses and others with one or two dominant industries. General light industrial (Land Use 110),general heavy industrial (Land Use 120)and manufacturing(Land Use 140)are related uses. Additional Data Average weekday transit trip ends — 0.03 per employee 0.05 per 1,000 square feat gross floor area 0.69 per acre Truck trips accounted for 1 to 22 percent of the weekday traffic at the sites surveyed. The average for all sites that were surveyed was approximately 8 percent. Vehicle occupancy ranged from 1.2 to 1.8 persons per automobile on an average weekday. The average for all sites that were surveyed was 1.37.. The peak hour of the generator typically coincided with the peak hour of the adjacent street traffic. Facilities with employees on shift work may peak at other hours. The sites were surveyed in the late 1960s.the early 1970s and the mid-1980s throughout the United States. Source Numbers 3, 7, 10, 14, 68, 74, 85, 91, 100, 146, 162, 184, 251, 277, 422 Trip Generation, 7th Edition 132 Institute of Transportation Engineers CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT (4 STAFF REPORT DATE: November 13, 2007 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director APPLICANT: Manny Synalovski of Cubellis/SGR representing Harry Dornbusch, Atlantic 18, LLC., REQUEST: SP-50-07 -Site Plan approval to construct an 80,745 square foot of warehouse/office complex. The site plan includes the following waivers: (1) 15 foot rear yard setback (20 feet required). (2) 15% Pervious Area (30% pervious area required). LOCATION: 1249 Stirling Road, located on the south side of Stirling Road directly west of the City Public Services Compound The subject is currently vacant and was previously occupied by derelict vehicles and equipment. The proposed use (80,000 warehouse/office complex) is consistent with IROM zoning. The site plan complies with all zoning code requirements except for the rear yard setback and pervious area. ' REAR YARD SETBACK: At 'h the building height, the 15' rear yard landscaped setback area is reasonable. In addition, the 15-foot rear yard setback allows for more landscaping along Stirling Road, the most visible part of the site. PERVIOUS AREA: Staff would generally not support 15% pervious area for warehouse/office use. However, there are special circumstances that support the waiver in this location. (1) Existing warehouse/office uses (west and north) currently provide 10% or less pervious area. (2) The applicant has located the largest concentrations of pervious in the front yard adjacent to Stirling Road and the rear yard adjacent to undeveloped land in the City of Hollywood. (3) 15% pervious area meets or exceeds what is required in eastern, infill cities (see attached). PLANNING AND ZONING BOARD Approval of site plan, including waivers, subject to the following: (1) Applicant to provide additional landscaping in the front yard and identify a suitable substitute for the Geiger trees. (2) Public Services approval of internal on-site drainage system. INDUSTRIAL ZONING DISTRICTS CITY REQUIRED MINIMUM SITE PERVIOUS AREA Plantation 30%* Weston 25%* Parkland 20%* Coral Springs 30%* Oakland Park 20%* Pompano Beach 20%* Deerfield Beach 15%* Hallandale Beach 15%* Sunrise None* Ft. Lauderdale None* Hollywood None* Wilton Manors None* *20% of parking lot shall be landscaped CITY OF DANIA BEACH R COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET PLEM4 REVIEW SITE PLAN AND RETURN WITH COMMENTS IF ANY Route Date 8/16/20071, �� �...�pyJ 9 SP•50-07 s Project JABFER INDUSTRIAL PARK I AKA -lr L i (U07 F lio 51-42-04-17-0010 ',GRAND PLAZA PLEASE REVIEW THE ABOVE REFERENCED PROOEL'if FOR COMM O E INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S STAFF PECOMMENDA PLANNING AND ZONING BOARD AND CITY COMMISSION.THANK YOU. Route Vla: Mail Pick Up '... In-house 'J! Fire Marshal '.. Landscape BSO ! hr Public Services �.� P.lanner i i Other Consultants �cGA ,: Approved as submitted Denied Comments must address prior � Approved wlconditions to PZ I Commission hearing List Conditions �oiz CoatHfEA�S sEE WVEL-P?H"T v�Ec., coNr Ilrt CH�LIST� �6tlnJEEvt/�� �2EV/Ew �-t BY C�4,4', ;Signature V70 Zoo'/ Date a? - ))OM I t&) I c_ Print Name (r} ►. u u City of Dania Beach Ref. No. SP-50-07 DEVELOPMENT REVIEW COMMITTEE CHECKLISTS ENGINEERING REVIEW#1 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: Jabfer Industrial Park/aka Grand Plaza Project Address: Name of Owner: Name of Applicant: Cubellis Applicant's Address: 1800 Eller Drive, Suite 500, Ft Lauderdale, FL 33316 Contact Number: 954-961-6806 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. Sterling Road is functionally classified as State Minor Arterial Road. ❑ Soils Report ❑ Lift Station calculations, if applicable. ❑ Utility agreement for water and sewer line extension, if applicable. ® Provide FIRM Elevation certification. Finished floor elevation shall be one foot above FIRM Elevation. Engineering Review Sheet/of 4 Existing Site Conditions/Topographic Survey ❑ Provide a north arrow with reference and an engineering scale V=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 uselfacility 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 ?I �� within 100 feet, water meter vaults, backflow preventers, storm sewer systems, 1 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. ❑ Shaw all proposed property lines. ❑ Shaw 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. Engineering Review Sheet 2 of 4 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. Engineering Review Sheet 3 of 4 Additional Comments: 1. Provide an estimate of traffic generation using latest ITE trip rate. Driveway width should be dimensioned per FDOT Index 515. 2. Show driveway connection detail to Stirling Road. n si na 3. Provide pavement marking and g ge plan. 4. Summary of Drainage Structure on Sheet C5.0 does not match with Sheet C3.1 5. Sheet C4.1 shows a number of utility conflicts. Show exfiltration trench and conflict pipe detail. Verify note #11 (Is this a "townhouse" project?). Show invert elevation of sanitary sewer pipes. Label sanitary manhole structures. Show property owner of adjoining lot where sewer connection is proposed. Pavement restoration call outs are missing. Reviewed by: John Messerian, P.E. Director, Municipal Engineering Calvin, Giordano & Associates Concurred: Dominic Orlando, P.E. Director of Public Services City of Dania Beach, FL Engineering Review Sheet 4 of 4 �cST, City of Dania Beach Fire Rescue F a o p Bureau of Fire Prevention I9o,% SITE PLAN REVIEW COMMENT SHEET Project Name: Grand Plaza (Jabfer Industrial Park) PZ Log #: SP-50-07 Date of Review: 9/20/07 Time Spent: 2.5 Hours Gross Square Footage: 188,446 Plan Reviewer: S. Brown [ ] Approved As Submitted [ ] Denied [ ] Approved With Conditions [X] Comments Must Be Addressed and Resubmitted Prior to City Commission COMMENTS/CONDITIONS: L ATER SUPPL APPROVED WATER SUPPLY (See NFPA 13, Chapter 15, Section A.15.2.1 & Handbook) 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. FIRE FLOW CALCULATIONS (Buildings in excess of 5,000 Sq. Ft.) Provide Fire Flow Calculations prepared by a professional engineer currently licensed in the state for each newly constructed building in excess of 5,000 square feet in size. All calculations must be in accordance with the Guide for the Determination of Required Fire Flow, Edition 05-2006 published by the Insurance Services Office. ;FIRE DEPARTMENT ACCESS "NO PARKING" SIGNAGE, PAINTED CURBS AND/ OR FIRE LANE STRIPING REQUIRED FOR FIRE LANES, FIRE DEPARTMENT ACCESS ROADS AND IN FRONT OF FIRE DEPARTMENT CONNECTIONS Fire Lanes, Fire Department Access Roads and the areas in front of the fire department connections, shall be designated by yellow painting, striping, or markings on the curbs and roadways. 1. Provide a curb detail note to indicate that all curbs are to be painted yellow. 2. All pavement markings shall be of thermoplastic paint. I 3. Demonstrate that ih-se areas are to be marked with freestanding signs with the wording, "NO PARKING FIRE LANE 3Y ORDER OF THE FIRE DEPARTMENT" or similar wording. 4. Such signs shall be 12 inches by 18 inches with a white background and red letters. 5. These signs shall be a maximum of seven feet in height from the roadway to the bottom of the sign. o" These signs shall be within sight of the traffic flow and be a maximum of 60 feet apart. [1:18.2.2.5.8] (SEE SHEEN' SP-101.OF FIRE MARSHAL'S COPY FOR LOCATIONS) $J,y . i a A r e to t n 1 [ r r tt ..T JL14Lo: n i- s u , !4. Aft 1 � * n 1•f a fir. rsu . I� 3 FIRE HYDRANTS 3t FIRE PROTECTION APPLIANCES PROVIDE SLUE REFLECTIVE HYDRANT MARKERS (RPM's) DETAIL Provide one (1) blue double-reflective department of transportation type road marker (Roadway Pavement Marker (RPM)) to be adhered to the hard surfaces of the roadway in the middle of the lane nearest for and directly in front of the newly installed fire hydrants. [AHJ] PROVIDE IMPACT PROTECTION DETAIL Provide bollards consisting of three inch steel pipe buried at three feet deep, with three feet of height above ground level and spaced three feet apart, These bollards are to be filled with concrete and capped are acceptable. [24:7.3.5] [24:7.3.6] [13:8,15.1.3.21 CLEARANCE REQUIREMENTS FOR FIRE HYDRANTS 8, FIRE PROTECTION APPLIANCES Provide clearances of 7'6" in front of and to the sides of the fire hydrant, with a 4' clearance to the rear of any hydrant or fire protection appliance. [1:18.3.4.11 (IT WAS'NOTED THAT SEVERAL HYokANTS LOCATED IN THE PARKINq ISLANDS MAY AS ECES,3 R T MEET THIS CLEARANCE REQUIRE CORRECT, . i i I 1 ! it l i 1 � I 1 OTHER COMMENT kk* CONFIRM THAT EXITING REQUIREMENTS ARE MET FOR ALL TENANT SPACES ON ARCHITECTURAL DRAWINGS. MEANS OF EGRESS MUST BE IN ACCORDANCE WITH N.F.P.A. 101 — LIFE SAFETY CODE (2003 Ed.) FOI' EACH APPROPRIATE OCCUPANCY (le. MEZANINE vs. SECOND`FLOON SINGLE EXITS FROM SECOND FLOOR EXITING FROIV(_ AREAS OR LESSER HAZARD THROUGH-AREAS OF GREATER_HA2ARDi. `WAREHOUSE "LOADING DOCKS! ON WEST SIDE,. OF BLDG: $ AN SIDE OF BLDO: 3 POSE THE POTENTIAL FOR: BLOCKING FI EAST R DEPA RTMENT,AG CESS IN ADDlTIOIV.TO THE NORMAL FLOW;OFDRIV, AISL9Sf ADDITIONAL COMMENTS MAY FOLLOW WITH RE-SUBMITTAL. AFTER ALL CORRECTIONS HAVE BEEN MADE, PROVIDE A COPY OF THIS SITE PLAN ON CD-ROM IN PDF FORMAT. c _ CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET Route Date tJ/15/2007J 1n1Id11,.�111►1 I,1 D Log SP-50-07 - - -i Project JABFER INDUSTRIAL PARK GRAND PLAZA SEP 1 0 7007 Folio 51-42-04-17-0010 ------� J PLEASE REVIEW THE ABOVE REFERENCED P T T BE INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S SS F to HE PLANNING AND ZONING BOARD AND CITY COMMISSION.THANK YOU. Route Via: Mail ❑ Pick Up ❑ In-house Fire Marshal ❑ Landscape ❑ BSO ❑ Public Services ❑ Planner Other Consultants ❑CGA Approved as submitted ❑ Denied Comments must address prior �-1 Approved w/conditions ❑ to PZ I Commission hearing J List Conditions Signature Date G4&/fC Print Name — — -- -- -- -- - --- Grand Plaza 9-20-06 SP 68 04 Corinne Church (954) 924-3704 (Reviewed Lloyds 8-25-07) 1. INCOMPLETE INFORMATION PROVIDED. Additional review is needed, which may result in additional comments. Y i (! Show location of type "D" curbing on site plan. InViCate scale on site plan (Engineer's scale preferred). Recommend 28 - 30 foot wide driveway in front of building No. 1 to facilitate {� turning movements for large trucks. i G ' oep sohcc—s i60, Monument sign cannot exceed forty-two (42) square feet in area, 15 feet in height, and shalt not obstruct intersection vision at the driveway. Revise plan accordingly or submit variance request. f kEjensE �"^""c- crrw z 4 i d euV66. Landscape plan does address all code requirements. 7. Finish floor elevation shall Flood Insurance Rate Map Elevation ("FIRM") plus one foot. 8. 24" x 26" mounted color renderings required of front, side, and rear building elevations; color scheme shall comply with Principal Arterial Design Standards. Also, provide in electronic format. RCAti 4nro Wr C � OV t.� Z � _ 1 L` CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET Route Date li 8116/2007 LNl O ZLog SP-50.07 Project ` PNDZUASTRIAL PARK I AKA AUK t 6 Z0071! Folio �`1 42 04.17-0010 GRAND LA — J, Piannin PLEASE REVIEW THE ABOVE REFERENCED P BE INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S STA HE PLANNING AND ZONING BOARD AND CITY COMMISSION.THANK YOU. Route Via: Mail ❑ Pick Up i'%V] In-house ❑ Fire Marshal ❑ Landscapes BSO ❑ Public Services ❑ Planner ❑ Other Consultants ❑CGA I Approved as submitted ❑ Denied ; Comments must address prior ❑ Approved w/conditions [j to PZ/Commission hearing List Conditions I Signature Date M �-L >z Print Name August 16, 2007 MEMORANUDUM TO: Corrine Church, Planner FROM: Patti Hoot-McLeod, Landscape Consultant RE: Jabfer Industrial Park SP-50-07 The following items need to be corrected/changed or submitted for landscape approval: 1) Please identify all trees and palms on the plan with tag lines not just pictorial. 2) Change the white Geiger's to a real tree. 3) Correct the quantities listed in the calculation box to reflect the plan, i.e. 106 palms? 4) Change var. pits to trinette Re�submitte Patti Hoot-McLeod Landscape Consultant auOw sv sr 3dm/ uw 0m av amim ou NVId MIS < ...... 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SCALE r-30' REVISIONS Date Remark, R 0 30 60 90 This is a 'Boundary Survey' iAlf..fnw C. IAiO @widest MOrE:uliunlie apes of RAN dm°Ln Nl bur LM relesd StAtwd no Lma 8urrwor/2Vle ...I d m.ans.W,,P,atmlanw Land sm. -w fits{.of ReridA. +�B¢@/J�,7��Le �/ ��pK.\045142\GRAN PW&t\SURVEY%dwg\GRAND PLAZA.dwg �+ pF,almonai/EnnFinw. 89�Liai��L-Y,/Z O 19 c�JC/2NTEU E-C)/2L1/21J2 OT110 CCCitE1A 'JYLC... PARCEL "A", 'JABFER INDUSTRIAL PARK", ACCORDING TO THE PLAT THEREOF, AS LAND PLANNIRS . sNWNURs . ARCNL ZM . Ad" WATNPORs 0#87) RECORDED IN PLAT BOOK 163, AT PAGE 50, OF THE PUBLIC RECORDS OF BROWARD 'Rdo LNRroRdTz ur mmAXA h ruRfDA 330 M rRL N0.MSI -r010 PAY NO. Ras COUNTY, FLORIDA. SECTION 4, TOWNSHIP 51 SOUTH RANGE 42 EAST, DANLA BEACH, "^°w"m a A:"-pp-ar moe^ FLORIDA. AinNSo C. TELLO, PMSMMT ma.W.,twin pa,xaw A �oA ca r��°1 gay Fwww 1md ear.oar x.. ?!✓re wr ae n to La.I9 �• 1' - 30, ®®1I v ® tonon-ly. _dw.u nm+a. Fw M. —1 — ne.w n.. L . t m.w 9- 10 - 97 8: 32. . 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Q. 1 dp5 E �4 8 $ -y Q �1- 3�$g #ay 3 bag`„ � i $:5d F ee < b i @ ; b a �tlg¢ e��_ pp .� g8 6 !Q a€ 190 9e° $� #s p$ yEE�€ � p ge€ pY� Y � a4@1 PE;° ae�"8Q $ } $e ® €� a�€ $ 5 I3° YQ igie9 ¢i aG ` b 3 G 19F 3; 5 y> R gy#B E ° 5F 3 i �W €;- 1 dE<65. 1 1$1 Q � 3 a s ie 3 C $s y a [ s € ii4 G a a b i p a' _$ i a;eb3 � 5 i $ q['EggQ `� d p g 3 gW�Ye 3yy�S [Ga 3 Ris 5 e " 3 G y 3 `1 p C lW4i t S £a sq $E R �' S R ag� aY a p 0RA-3 y3 W i� b4 eJ 1k �C - Y< gpe SS t �j S C � Q d !C ; o _ 1d�1_ tlwa W rg ag y+y 4 5 9€ agK I` Y i "iQ'i SY $A95' Y34 fill 21 e4s #a111 5: Y mlill � oe@5 �2 i�s #h1dY E# Y J CITY OF DANIA BEACH Agenda Item # /• Agenda Request Database Date of Commission Meeting: 11/13/2007 Public Hearing ❑ Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: RESOLUTION NO.2007-220 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY PAUL COMEAU FROM CHAPTER 28,"ZONING',ARTICLE 4.21."SCHEDULE OF LOT,YARD AND BULK REGULATIONS",FOR PROPERTY LOCATED AT 1402 NW 8TH STREET,DANIA BEACH;PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Variance to allow the construction of a replacement building addition with a 10-foot rear yard setback (15 feet required). Resolution Staff Report Location Map Application Public Hearing Notice Mailing List 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 Assistant City Manager Date HR Director Date Finance Director Date City Attorney Date City Manager Date , Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-220 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY PAUL COMEAU FROM CHAPTER 28, "ZONING", ARTICLE 4.21, "SCHEDULE OF LOT,YARD AND BULK REGULATIONS", FOR PROPERTY LOCATED AT 1402 NW 8T" STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, "Zoning", Article 4.21, "Schedule of Lot, Yard and Bulk Regulations" prescribes the setback requirements for structures within the City of Dania Beach; and WHEREAS,the property owner Paul Comeau is requesting a variance(VA-56-07)to allow a building addition(sunroom)with a 10-foot rear yard setback(Chapter 28, "Zoning",Article 4.21 "Schedule of lot yard and bulk regulations"requires a 15-foot rear yard setback)forproperty located at 1402 NW 8"h Street in Dania Beach; and WHEREAS,the Planning&Zoning Board on October 17,2007,recommended approval of the variance request,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-56-07, from requirements in Chapter 28, "Zoning",Article 4,"Schedule of Lot,Yard and Bulk Regulations",of the City Code of Ordinances is approved. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in force and take effect immediately upon its 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 #2007-220 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT DATE: November 13, 2007 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director APPLICANT: Paul Comeau, Owner REQUEST: Variance to allow the construction of a replacement building addition with a 10-foot rear yard setback (15 feet required). LOCATION: 1402 NW 8`h Street The applicant is replacing an existing roofed porch (setback 10 feet from the rear lot line adjacent to a canal) with a new, enclosed sunroom. Because the applicant is entirely removing the existing porch, the zoning code requires that any replacement room conform to the current 15-foot rear yard setback. Staff has no objection to the variance. The new addition will occupy the same building footprint of the existing porch and is adjacent to a canal. PLANNING AND ZONING BOARD RECOMMENDATION Approval. Location Map: GRIFFIN RD NWJOTH.ST AD-8000 1� NW 9TH ST �9 & s t Or NW BTAST > �, f,�, RS-6000 CD LO W NW7TH SF /1• TA_ INAGUAST Q NW 4THST O JAMAICA ST Z V � £4 C-3 D' ROM Loftier, Christine From: Cunningham, LouAnn Sent: Monday, October 08, 2007 2:04 PM To: Loftier,Christine Cc: Leeds, Larry:'Vic@innovative-designs.biz' Subject: FW: VA 56-07 Thanks for the note Victor. I will have Christine print this out and include it in the P/Z Board Backup. Lou Ann Cunningham Planning Associate City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach,FL 33004 (954)924-3645(ph4ne) (954)922-2687 (fax) (954)651.5021 (mobile) From: victor lohmann [mailto:vic@innovative-designs.biz] Sent: Saturday, October 06, 2007 12:28 PM To: Cunningham, LouAnn Subject: VA 56-07 Hi Lou Ann Would you please enter this note into the record for the aforementioned variance application. I have no objection to this variance and urge the board to act favorably upon this petitioners request. Sincerely, Victor Lohmann Innovative Designs of Dania Inc. Luxury Home Builders for Discerning Clients 1404 Nautilus Isle Dania Beach, Florida 33004 954 921-4318 954 929-2535 FAX W W W.Innovative-Designs.Biz This message is a PRIVILEGED AND CONFIDENTIAL communication. This message and all attachments are a private communication and may be confidential and protected by privilege and exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of the information contained in or attached to this message is strictly prohibited. Please notify the sender of the delivery error by replying to this message, and then delete it from your system. 10/8/2007 Sept. 13, 2007 i To Whom It may Concern: Re: Variance for Sunroom Addition at 1402 NW 8° St., Dania Beach, Florida 33004. I have spoken to Mr. Comeau, who resides at 1402 NW 8t° St.,Dania Beach, Florida, concerning the construction of Glass Enclosed Sunroom on his rear patio. I have NO OBJECTION to the variance or installation and believe that it will enhance the aesthetic value of the neighborhood. Thank you for your concern of our neighborhood. Your neighbor, NAME: ADDRESS: r- �zn /L ?Zoo i Sept. 13, 2007 i t To Whom It may Concern: !.. Re: Variance for Sunroom Addition at 1402 Argonaut Isle, Dania Beach, Florida 33004. 1 have spoken to Mr. Comeau, who resides at 1402 Argonaut Isle, Dania Beach, Florida, concerning the construction of Glass Enclosed Sunroom on his rear patio. I have NO OBJECTION to the variance or installation and believe that it will enhance the aesthetic value of the neighborhood. Thank you for your concern of our neighborhood. Your neighbor, NAME: ADDRESS: (, '7 Sept. 13, 2007 To Whom It may Concern: Re: Variance for Sunroom Addition at 1402 Argonaut Isle, Dania Beach, Florida 33004. I have spoken to Mr. Comeau, who resides at 1402 Argonaut Isle, Dania Beach, Florida, concerning the construction of Glass Enclosed Sunroom on his rear patio. I have NO OBJECTION to the variance or installation and believe that it will enhance the aesthetic value of the neighborhood. Thank you for your concern of our neighborhood. Your neighbor, NAME: ADDRESS: V&" k PD-�'V —C� �L 923 Sept. 13, 2007 To Whom It may Concern: Re: Variance for Sunroom Addition at 1402 Argonaut Isle, Dania Beach, Florida 33004. I have spoken to Mr. Comeau, who resides at 1402 Argonaut Isle, Dania Beach, Florida, concerning the construction of Glass Enclosed Sunroom on his rear patio. I have NO OBJECTION to the variance or installation and believe that it will enhance the aesthetic value of the neighborhood. Thank you for your concern of our neighborhood. Your neighbor, � ADDRESS: ,JIf-IQ- lf'l� �rJJAL-1 Sept. 13, 2007 i 1 To Whom It may Concern: �- Re: Variance for Sunroom Addition at 1402 Argonaut Isle, Dania Beach, Florida 33004. 1 have spoken to Mr. Comeau, who resides at 1402 Argonaut Isle, Dania Beach, Florida, concerning the construction of Glass Enclosed Sunroom on his rear patio. I have NO OBJECTION to the variance or installation and believe that it will enhance the aesthetic value of the neighborhood. Thank you for your concern of our neighborhood. Your neighbor, -' A NAME: , A� ADDRESS: 8 Sa f�P-G 0 N F! uT S� 1) 191k)i (A 1 FL �3aoy Sept. 13, 2007 �'' i To Whom It may Concern: Re: Variance for Sunroom Addition at 1402 Argonaut Isle, Dania Beach, Florida 33004. I have spoken to Mr. Comeau,who resides at 1402 Argonaut Isle, Dania Beach, Florida, concerning the construction of Glass Enclosed Sunroom on his rear patio. I have NO OBJECTION to the variance or installation and believe that it will enhance the aesthetic value of the neighborhood. Thank you for your concern of our neighborhood. Your neighbor, NAM/ru---/S�G��� Pagel of 2 Stilson, Louise From: Cunningham, LouAnn Sent: Tuesday, November 06, 2007 5:01 PM To: 'Vic@innovative-designs.biz' Cc: Nasser, Miriam; Stilson, Louise; Leeds, Larry; Lottier, Christine Subject: RE: VA-56-07 j Victor will do! Miriam can you please attach this email to the backup for the Comeau Item VA-56-07 This is a letter of support. Chris can you please put in the Comeau File. Thanks Please note our phone numbers have changed Lou Ann Cunningham Planning Associate City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach,FL 33004 (954)924-6805 Ext.3645(phone) (954)922-2687 (fax) (954)651-5021 (mobile) From: victor lohmann [mailto:vic@innovative-designs.biz] Sent: Monday, November 05, 2007 7:09 AM To: Cunningham, LouAnn Subject: VA-56-07 Hi Lou Ann; Would you please enter into the record my support for the Variance of Paul Comeau at 1402 SW 8th Street. I have no objection to the issuance of this variance and support the petitioners request to grant this variance. Thank you, Victor Lohmann Innovative Designs of Dania Inc. Luxury Home Builders for Discerning Clients 1404 Nautilus Isle Dania Beach, Florida 33004 954 921-4318 11/7/2007 City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954)924-3643 General Development Application Cl Administrative Varlance ❑ Afdgnmentof Flex/Reserve Units ❑ Land Use Amendmenti'41 ❑ Plat ❑ Plat Delegation Request LiL 2 0 2007 Date Redd: O Resonirq ❑ Site Plan f ti i E'a o g Petition No.: O S• Spe ialRequest ftcaption 3t 1?itifit O T1raAlcway,waiver X Varian O Vacation Request O Other. THIS APPLICATION WILL NOT SE ACCEPTED UNTIL IT IS COMPLETE ETE mDisSUB a "Required ALL NECESARRV DOCUMENTS. Refer to the application type 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 Clty's Building Department. Location Address: 1402 NW 8th Street,Dania Beach,Florida 33004 Lot(s): I Block: 4 Subdivision: Florian Isles 3rd Section Recorded Plat Name: Plat Book 59,Page 37,Public records,Broward County,Florida Folio Number(s): 504233240010 Legal Description: Florian Isles,3rd Section 59-37 B lot 1 blk 4 Applkan nsuitant/Legal Representative(circle one) Paul Comeau Address of Applicant: 1402 N W 8th Street,Dania Beach,Florida 33004 Business Telephone: Home: 954-922-8036 Fax: 954-922-8036 Name of Property Owner: Paul Comeau Address of Property Owner: 1402 NW 8th Street,Dania Beach Florida 33004 Business Telephone: Home: 954-922-8036 Fax: 954-922-8036 Explanation of Request: Variance requested from rear set back requirements for installation of sunroom. Prop. Net Acreage: Gross Acreage: Prop. Square Footage: 6583 sf Existing Use: Residential Propo� Use. Residential 9 is property owned Individually, by a corporation, or a joint venture? Individually I understand that site plan and variance approval automatically expires within 12 months of City Commission approval, pursuant to Ordinance No. 200S-040. Applicant/Owner signature Print Name Date APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Swom to and subscribed before me Applicant/Consultant/ eprese tive: This +� day of S t "' r 20� Signature: / _C Date: / / 197 Sign Name of Notary Public (Print Name) State of(G'lL)r1C1G ) /93 AO ( 0o X>7s Nammeerof of Pbde� Street Address, City, State and Zip Code to.:ot+ san y 1 s/ems G/ 3 3/6 O it Iss .,00 a�o,aee 'ron E Telephone No. & Fax No. 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/Consultant/Representative) to make and file the aforesaid application. Sworn Lp_and subscribed before me Owner: Gl �. GO /YL� �} G( This I C1 h day of StFkm 200 1 Signature:\�" Date: P/?U Ca /Y1 L�/�tL Sign Name of Notary Public (Print Name) State of 671Ori6q ) / 410 A), 1.C) S T ri lip, e1rM a RaIA Street Address, City, State and Zip Code !*/= nBpMNra.son ssi§ffM 0 oo eouN Telephone No. & Fax No. To: Community Development Department 100 West Dania Beach Boulevard — Dania Beach, Florida 33004 [,t �ii j),R,, From: SEP Z 01007 Paul Comeau(owner) 1402 NW 8'° Street(Argonaut Isle) : Dania Beach,Florida 33004 7�a�Ddda�l �rt 954-922-8036 - - -- Re: APPLICATION FOR VARIANCE 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; Ans. The special conditions existing at this property is that it is presently a non-conforming structure due to the size and location of the lot and structure. Adding to the special conditions is the property location on a corner which requires the observance of not only rear setbacks but side setbacks as well (which cannot be met currently based upon the property's configuration). That the special conditions and circumstances do not result from the actions of the applicant; Ans. The special conditions associated with this property are not a result of the applicant but are a result of the development patterns in the area and the particular configuration of the lot and structure placed on it. 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; Ans. This request does not grant any special privilege to this applicant since the requested use is already available to other property owners. Due to this applicant's unique property configuration and location, applicant is suffering a hardship. 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; Ans. Due to the unique configuration and location of the property, applicant incurs a hardship since improvements to the property which impact the rear setback requirements can never be met since the structure is non-conforming. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; Ans. This variance is the minimum variance required for the property for the proposed use. Anything less would deprive applicant of the use of the property as it currently exists. 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; Ans. The granting of the variance would be consistent with sound planning and zoning principles. Moreover,the proposed sunroom would not affect any other property owners or the public in general. In addition the proposed sunroom will promote the aesthetic improvement of the structure in accordance with sound planning principles. Note:Applicant respectfully requests the granting of this variance request. The unique location and configuration of the lot and structure clearly supports the finding of a hardship for this variance request. The existing permitted slab will not change the footprint of the structure. Respectfully submitted:au Comeau N bf'.t c 43}�`•. �� t �N r &U& i i i i I' � E W q L1 0 ' 1 H c o w 2 h V . n nil ►- ,14 •k cu o o T e. I \ T I 1� �-d w yyo �; to 60 1 � � D i &w&bPage y -- Fob- .J , r 1 ii VA-56-07 NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH NOTICE IS HEREBY GIVEN that a public hearing will be held before the Dania Beach City Commission, on TUESDAY, November 13, 2007 at 7:00 a.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-56-07 —Request by owner/applicant Paul Comeau for property located at 1402 NW 8th Street, for a variance to allow the construction of a building addition (sunroom) with a 10-foot rear yard setback (15' required). Chapter 28, Zoning, Article 4.21 "Schedule of lot yard and bulk regulations" requires a 15- foot rear yard setback. Legally described as: Lot 1, Block 4 Florian Isles 3rd Section, according to the plat thereof, as recorded in Plat Book 59, Page 37 of the Public Records of Broward County, Florida. Copies of the proposed request are available for viewing in the Community Development Department, 100 West Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday— Friday please call (954) 924-3645 for more information. Interested parties may appear at the public hearing and be heard with respect to the proposed petition. In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these proceedings should contact the City Clerks office, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-3623, at least 48 hours prior to the 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. 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M M M M M (h (h ('7 (h (`7 M M M M M M co M m M M M M co (h ° C zYITITYIYYYITYICY 4ITIITY' ITYYYITITIY44ITYY I Z, (p m 0 0 0 0 0 0 0 0 0 06 0 6 0 (D 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U O Q O (n in (n (n (n (n (n (n (n (n (n (n O (n (n (n (n (n (n (n (n (n (n (n (n (n O (n (n (n to (n (n z aU r r lV U O O ELo m N U ; Q cl a E m 0 z -o a� rr rrrrr Cl) m N N (N N N N N C) M m Cl) m Cl) CO M Cl) N N N N C Nc� N N N N 0 0 0 0 0 0 � 0 00 0 M C,) M M M M M M M fM m Cl) Cl) Cl) Cl) lh m m M M LL LL LL LL LL Li- LL LL LL LL SQ S QS Q2 Qm aS aS QS QS QS W W W W W W W W W W mmmmmmmmmm aaaaaaaag ¢ zzzzzzzzzz aaaaaaaaaa pppopppop ❑ � � ��v m ca v� p C) F- F- F- F- F- F- F- F- F- F- J .N N OI N C 2 2 2 S S S 2 S 2 S R N a E F F- F F t- F- F- F- F- F c0 N 00 OD 00 CO W a0 >r r .lY i. • N 20) E zzzzzzzzzz m o LL U O .�- o-S � •t Z r )11N(1 '- o .y{ W }• T G J = W � NU) p U > z Lij U' FJ5W S W Q 0 W /... -� 0� FwaO = tYYQ7 F\ � w � aswU p � `�•:' D0Upz W W o g03 � Wo �s � > M VU06< U) 02 JC�Q m > F- W wQQc) IL L m UV '- O O O O O O O O O O @ wO 1f) COr (Oro001 N 000 r- .— N 00 m m LL O O O O O O O O O O M .T L V V V V V 7 V v In 0 Co 'C C N N N N N N N N N N O co ) M M <h M <'7 m m M M M p p m m m M M Cl) Cl) Cl) Ih C) m 0 �p N N N N N N N N CJ N .�_'CD CCD 0000000 CD00 V U , 0 Un v) Ln Ln �n In in in Ln u) V This property described as: Lot 1 Block 4, FLORI�INIISLES 3RD SECTION, according to the PlatI thereof, as recorded in Plat Book 59, Page 37 of the Public Records of n 3 2 Broward County, Florida, Note: Underground encroachments and utilities, if any, not located. Fence ownership by visual means �N._.____ . -___---- only, leval ownership not 06- determinadv twkys a & - - , �(=µ)/d/ (Pb'83 Zg v FLOOD ZONE: AE e Rr. , ,Nr o/ rivsuv � < I le ���• 3�+ M + L{Gr�iUfrQiO awiww' a Oa_� 6 . GoUtlui( G FLOOD INFORMATION: o 90 Community No. : 120034 J• Panel No. : 306 44,QQ 'Suffix: F ' Date of FIRM: 8-18-92 Base Elevation:.+7. 00 ,1V1' N.G.V.D. t. % 4. rG 4•.G►> Ib•+D . • '�' vow Ala .•I a e roILK H to a12 U pu1 ° N N ro too ,l N 70 4 fi tr 1 / 7 v R w w p0 ° Q : . yc G.D h JyPDR'4i W Ali a V ft v �: .. ! Comeau Paul nd "D ane PROPERTY OF: H_ ,' i.:;� 1402 Nw :Bth Street. Dante. Floridat 33-- y S0N= LANNES and GARCIA, INC . 1 p'91WH CM FF,�� �:^W � F.L.T.A. 010 ENGINEERS - LAND SURVEYORS - LAND PLANNERS Me` �j�yn;- owe we na o„�,a•d~u, ow- 359 Alcazar Avenue, Coral Gables , I.F., F..wWAw,a M on own Florida 33134 . standards s� dat or •w.n.Mou I On wn P.O• Box 561131 = forth,,•by--tbE Bd r Miami, Florida33156 of Land-. Surveyors ' FL R�� 2243 DATE •SCALE � DRAWN BY DRWG. NO. pursuant to FL!Rea.Etilmer No. S�$79 •�7p . 179'1757 S c. 442 . 027 , - o To and -93 Recertified; Flood ton F1 nforma Certified , tin, Zip Code Added; Names Revised mot` �� „ � - (� \/A_ 54_ 67 CITY OF DANIA BEACH Agenda Item # / Agenda Request Database Date of Commission Meeting: 11/13/2007 Public Hearing ❑ Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: RESOLUTION NO.2007-225 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE REQUEST BY JOHN BARTLEY ON BEHALF OF THE OWNER DOREEN BARTLEY FOR A SECOND EXTENSION(ORIGINAL EXTENSION WAS APPROVED ON OCTOBER 10,2006,AND EXPIRES ON NOVEMBER 8,2007)RELATING TO THE APPROVAL OF VARIANCE VA-51-05 BY RESOLUTION 2006-174;FOR PROPERTY GENERALLY LOCATED AT 250 SW 4TH STREET,DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ VA-51-05: The applicant John Bartley, on behalf of the owner Doreen Bartley, is requesting an extension to a previously granted variance to reduce the side setback and minimum lot size for a single family house at 250 SW 4 Street. Resolution Staff Report Location Map Application Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibits Exhibit 6 Exhibit 7 Exhibit 8 Submitted by Laurence Leeds Date Department Director Laurence Leeds Date Assistant City Manager Date HR Director Date Finance Director Date City Attorney Date City Manager Date t ' ';4';,,�����''vg `c. 7 ¢rl fi:v i r :, P� c Y r 3 i ' x i W pi 5p �x:� 9a,�IN y�` uh ?—��rs,: a „p.a,§� W_ rtCai;,, `a . .. ,.�.r...y�.`;? r:;s .,F l` � 3 i..,„..«r. ,�r r..,..t, ^. s.0''�r „E` .z` ' j� > 2�' lirPi i Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-225 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST BY JOHN BARTLEY ON BEHALF OF THE OWNER DOREEN BARTLEY FOR A SECOND EXTENSION (ORIGINAL EXTENSION WAS APPROVED ON OCTOBER 10, 2006, AND EXPIRES ON NOVEMBER 8, 2007) RELATING TO THE APPROVAL OF VARIANCE VA- 51-05 BY RESOLUTION 2006-174; FOR PROPERTY GENERALLY LOCATED AT 250 SW 4Tu STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 8, 2005, the City Commission approved a request for a variance to allow construction of a single family home: 1) on a 47 foot wide lot, where a minimum of 60 feet is required; 2) allowing a 5.5 foot side setback where 7 feet is required; for property located at 250 SW 4ch Street pursuant to Resolution 2005-167 which was set to expire on November 8, 2006; and WHEREAS, on October 10, 2006, pursuant to Resolution No. 2006-174, an extension of variance VA-51-05 was granted until November 8, 2007; and WHEREAS, John Bartley on behalf of the property owner Doreen Bartley, is requesting a second extension of variance VA-51-05 until November 8, 2010; NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the requests to extend the expiration date of variance VA-51-05 is approved. Section 2. That all such approvals are subject to the conditions previously approved by the City Commission. 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 BOB ANTON MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2007-225 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: October 10, 2005 TO: Ivan Pato, City Manager VIA: Laurence Leeds, AICP, Director G G� FROM: Corinne Lajoie, AICP, Principal Plannerc,�. SUBJECT: VA-51-05: The applicant John Bartley, on behalf of the owner Doreen Bartley, is requesting an extension to a previously granted variance to reduce the side setback and minimum lot size for a single family house at 250 SW 4 Street. On November 8, 2005 the Cit� Commission originally approved lot width and side yard setback variances for 250 SW 4" Street. On October 10, 2006 the City Commission granted a one year extension of the variance approval until November 8, 2007. The Applicant is now requesting an additional extension for 3 years, to expire on November 8, 2010, The applicant proposes constructing an 1800 sq. ft. (excluding garage) four bedroom house on 47' x 140' lot (6,580 sq. ft.). The home includes 2 outdoor parking spaces and a 1.5 car garage. The proposed residence will provide parking and pervious area as required by code. However, the Public Services Consultant has requested the applicant to provide location of all drainage features and retention areas and to provide storm water management computations. 1. Variance to allow the construction of a single family home on a 47' wide lot; code required a minimum 60' lot. Staff originally recommended approval of this variance. The subject property is a vacant lot, 47' wide. There is no vacant land to the east or west of the property that can be combined with the subject property to create a larger, conforming lot. 2. To allow a 5.5' side setback; code requires a 7' setback. Staff originally recommended denial of this variance as the minimum recommended side yard setback for single family homes is 7 feet. The proposed 5.5' side yard setback is appropriate only for zero lot line homes in planned unit developments. CITY COMMISSION PREVIOUS ACTION On November 8, 2005 the City Commission approved the requested variances. On October 10, 2006 the City Commission approved a 1 year extension. STAFF RECOMMENDATION At the discretion of the City Commission. 1 LOCATION: N I gW3RD- V Nl This L4 Site SW 4TH ST City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-3645 Phone www.daniabeachfl.gov General Development Application ❑ Administrative Variance - ❑ Assignment of Flex/Reserve Unito ❑ Land Use Amendment ❑ Plat ❑ Plat Delegation Request 1�01 Data Reed: ❑ Rezoning l U Site Plan ❑ Special Exception t `� Petition No.: iK❑ Trafficway Waiver Vadanca ❑ Roadway Vacation ❑ Extended Hours ❑ 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 Documentedon"checIdist 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. r Location Address: r)SU Lot(s): I- Block: Ile Subdivision: QUA(mil WtV Recorded Plat Name: banes M e&= Folio Number(s): Legal Description: Appllcant/Consultant/Legal Representative(circle one) Address of Applicant: a c( Business Telephone: Home: A '�"�q..,' ^ I ?5 Fax: Name of Property Owner: �I&?-n �(�` A-kr ��( �� Address of Property Owner: -ao l S anC Pc r4— Business Telephone: pr Home: Fax: p„`C � lug bc�nC Explanation of Request: iv?�C� r lS cle ` n)�lALQ 7' � Y For Plats please provide proposed Plot Name for Variances please attach Cnfrifa Statiement as ArHde 10.13 of Chapter 28,Zoning Code. Prop. Net Acreage: Gross Acreage: Prop, square Footage: (Mo :5�T-A- C(jn�J Existing Use: \f( 1 Proposed Use: r� r R Is property owned individually, by a corporation, or a joint venture? Ay I V G � I understand that site plan and variance approval automatically expires within 12 mo hs of city Commission approval, pursuant to Ordinance No. 2005-040. pOcant/Owner signatuth Print Name Date APPLICANT,CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me ApplicanVConsul Representadve: This L day of I I 20R Signature: 41� 2 Date: Q " Sign Narne of Notary Publ• (Print Name) State of( Fr L ) �0.rvirnr� Print Name of Notary Street Address, City, State and Zip Code Com `��•�b�i•�' Jptary Public-State of Florida `''( '_I I d" C/ Seal: ,• MyC:cmff*bnE;0e&Apr20,2008 Telephone No. &Fax No. as Commission#DD311419 Bonded By National NotaryAsm. INDMDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple owner of s bled ands described above and that I have ized make and or the (AppHcant/Consuttant/Representattve) n _ aforesaid application. Sworn to and subscribed before me Owner: This 3 [ day of_(XA- _20 Signature: Date: IU a l- U ^7 X" lei Sign Name flf.Notary blic (Print Name) State of( F(, 1-'J- /� � (QYv�mrt 3QM �S a Ut S L a ' v� 1�c6'1lCt 6'u, Print Name of Notary Street Address, City, State and Zip Code 33 Lt-A Commission Expires: "i—" ' q,0- 0-7 Seal: Telephone No. &Fax No. RM MMIE JAMESlic-State of Floridabn50wAPr20,2008 sion#DD311419ationalNoloryAssn. Doreen Bartley 201 SE 2nd Ave. Dania Beach., Florida 33304 Office: 954-927-0793 / Cell: 954-448-1890 November 1, 2007 To the City Commissioners of Dania Beach, I Doreen Bartley am requesting a three year extension on variance VA-51-50. The reason I am asking for this extension is due to the recession in the selling of Single in market. I duly understand that if this vacant property is sold that this Family Housing Y variance will become null and void. icerely, ohn and Doreen Bartley RESOLUTION NO. 2006-174 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST BY JOHN AND DOREEN BARTLEY FOR AN EXTENSION OF VARIANCE VA-51-05, APPROVED ON NOVEMBER 8, 2005, BY RESOLUTION 2005-167,WHICH WILL OTHERWISE EXPIRE ON NOVEMBER 8,2006 PERTAINING TO PROPERTY GENERALLY LOCATED AT 250 SW 4T" STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,on November 8,2005,the City Commission approved variance request VA-51- 05, made by John and Doreen Bartley, to allow construction of a single family home: 1) on a 47 foot wide lot, where a minimum of 60 feet is required; 2) allowing a 5.5 foot side setback where 7 feet is required; for property located at 250 SW 4`h Street, by Resolution 2005-167, which will expire on November 8, 2006; and WHEREAS,John and Doreen Bartley are requesting an extension of the variance approval until November 8, 2007; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the request to extend the expiration date of the approval of the variance,until November 8, 2007 is approved. Section 2. That such approval is subject to the conditions previously approved by the City Commission. 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 October 10, 2006. PATRICIA FLURY MAYOR—COMMISSIONER ATTEST: 1 LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FO A CORRECTNESS: BY: / �,O THO AST ANSBR ' CITY ATTORNEY 2 RESOLUTION#2006-174 City of Dania Beach, Florida Department of Commi ent Planning a General Development Application ❑ Administrative Variance AUG 14 7006 ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment Planning ❑ Plat Department ❑ Plat Delegation Request ❑ Rezoning Date Rec'd: ❑ Site Plan ❑ Special Exception Petition No.: Cl Special Request ❑ Trafflcway Waiver ❑ Variance ❑ Vacation Request __ ';. Other: f AY w unC e _ �CaC�Q (�S O(� Z O O Sr- 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: SW LO"' 6T— Lot(s): 0) Block: Subdivision: Our u, 1 ethq S Recorded Plat Name: O(a,l' w "elk!+- s Folio Number(s): Legal Description: Applicant/Consultant/Legal Representative (circle one) lV-e er1 UG(�� ftiv Address of Applicant: W i SL 4,rkd xwe` Business Telep one 93-7 o-M Home: 457 4 -Pl a-) Fax: ClS2l Name of Property Owner: Address of Property Owner: (z,)(JI cL Business Telephone: .Z -0 Ci Home: 44.3 -I 13 Fax: IV 7- /BSA (� {v /at Explanation of Request: �U Gl �k<d d� Prop. Net Acreage: Gross Acreage: Prop. Square Footage: 5�[� �lj.r}— Existing Use: v D�[ fl[I1� Proposed Use: 5 1'r C_ is property owned individually, by a corporation, or a joint venture? I AcJ I Vl l(ULt I understand that site plan and variance approval automatically expires within 12 months of City Commission approval, pursuant to Ordinance No. 2005.040. Applicant/Owner signature Print Name Date APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Appilcant/Consultant/Representative: This day of�_20 !�p Signature: Date:c-� vl • 14- CIO GUM m of Ngta Public (Print Name) S of( ��,v�G. ) P nt ame of Nomry Street Address, City, State and Zip Code Commission Seal: P'6 'V co�D�� Telephone No. &Fax No. MJ.E Expira]we 2, 2M �F•. Bondrd Thm L•L;nnc Rmdiagr_a,IDe INDIVIDUAL 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/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me Owner: < This 1q-_day off 20—Q-� Signature: �� Gt1 Date: Sig �Ok fNotary blic (Print Name) State o -�Aj ) �u 16 9-atW A v 330��I Print Name of Notary Street Address, City, State and Zip Crod✓ee G Commissiop' j)jjteslcie- =:c:t e:� on Q0, 02 7 ()-x3 n lZ7l,? Seal: _Ci soon 4^,21806 Telephone No. & Fax No. RESOLUTION NO. 2005-167 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY PROPERTY OWNER DOREEN BARTLEY, FROM CHAPTER 28, "ZONING", ARTICLE 4, "DISTRICT REGULATIONS","SCHEDULE OF LOT,YARD AND BULK REGULATIONS", FOR VACANT PROPERTY LOCATED AT 250 SW 4 STREET,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 4, "District Regulations", sets the lot, yard and bulk regulations for the City of Dania Beach; and WHEREAS,property owner Doreen Bartley has applied for a variance(VA-51-05)to allow for the construction of a single family home: I) on a 47 foot wide lot where a minimum of 60 feet is required; 2) allowing a 5.5 foot side setback where 7 feet is required; the subject property is located at 250 SW 4'" Street, Dania Beach; and WHEREAS,the Planning&Zoning Board on September 29, 2005, recommended that the City Commission grant variance request VA-51-05,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-51-05, for a variance as described above from requirements in Chapter 28,"Zoning",Article 4,"District Regulations',"Schedule of Lot,Yard and Bulk Regulations", 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. 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 November 8, 2005. ltiy�.� 1A�7�i� ANNE CASTRO MAYOR-COMMISSIONER ATTEST: ROLL CALL: nxc*L-10L �9,6 \ COMMISSIONER ANION -YES �c.�' UNJ COMMISSIONER BERTINO - YES LOUISE STILSON COMMISSIONER MCELYEA - YES CITY CLERK VICE-MAYOR FLURY - YES MAYOR CASTRO - YES APPROVED AS TO F RM ND CORRECTNESS BY: THO AS J. ANS R CITY A RNEY 2 RESOLL LION #2005-167 City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-3645 General Development Application 0 Asslgnmentof Flex/Reserve Units AUG 18 t<,'Q5 O Land Use Amendment O Plat • Plat Delegation Request D Rezoning Date Reed: O Site Plan ✓a D Special Exception Petition No.: •O Tn�Alcwaal yWaiver Oo /oeou1eo/O1.y��sY variance q c..a w r <9 Vacation Request O Ot w��•` 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 Documentatlon" 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: Slip",S. 4A .S y. Lot(s): / 3 Block: �_ Subdivision: D.+,.;•+ h1,&Y;/h Recorded Plat Name: Folio Number(s): Legal Description: Applkan nsultant/Legal Representative (circle one) .4,1-V � •� Address of Applicant: 10 ,If4 ,+s� Business Telephone: 927-c>U Home: YYY-/Y77 Fax: ' Name of Property Owner. ]Q nr e y All 11S f Address of Property Owner: 10/ S• 2' ' .o + i° /J + v. Business Telephone: Home: / Fax: Explanation of Request: WAVY .5- '1 s/��� .Sa' 1 -S1- Q- Prop. Net Acreage: Gross Acreage: prop, Square Footage: _ ' s$ 41,x jcl Existing Use: _ ka --_ Proposed Use: _ .51 Is property owned Individually, by a corporatlon,or a joint venture? APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applkant/ConsubnyRepresentative: This—L day of 20 � Signature: Date:_ _ S//r- 5 a(e f Note u;k (Print Name) Street Address, City, State and Zip Code .�-�' w )aye•BddgetBergemn Comm c�-cu�on•nm�nsa 91- g-1 r7 I :. 2007 Seal: Iull on Telephone No. S Fax No. INDIVIDUAL OWNER NOTARIZED SIGNATURE: This Is to certify that I am the fee simple owner of subject lands described above and that I have L— authadzed (Appikant(Consubrit/Representaun) make and file the aforesaid application. to Sworn to and subscribed before me Owner: This L day of 20-1,1� Signature: Date: - — gn Name o o ublk (Print Name) 5�(�teof( 1on4A )R /r�ia S� Print Name Of Nota `PO ry Street Address, Gty, State and zip code "47°�+ Jays arldgrt DMeron e n commissto� Cammi.enw J IIMLU% J.�� 9Z 7..O// 7 Seal: _� t.I 2M ] :,,� s aoedd rnra Telephone No. ff Fax No. •1nr m r 1dr-Ne ndk ib rh.ine Criteria Statement- Doreen Bartley 250 SW 4'h Street, Dania Beach Florida (a) That special conditions and circumstances exist which are peculiar to the land to P , strut re or building involved and which are not applicable to other lands, structures or buildings in the same zoning district: All of the other lots on the street have 50' of width,Lot 13 only has 47' of width (b) That the special conditions and circumstances do not result from the actions of the applicant: Lot was subdivided like this as part of the Dania Heights Subdivision. (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: The lot across the street(directly to the south) (lot 14,block 5) also hag 47' of width and a home has been constructed on it. (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: Area is zoned M 8000(for duplex);Our intention is to keep with the harmony of the neighborhood and construct a single family residence and not a duplex. (e) That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure: The request would be to allow construction with a 5'6" setback instead of the required 7' for a single family residence. We feel that 1'6"is very minimal. (0 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: We do not feel that the granting of this variance will be detrimental to the neighborhood as our intentions are to encourage a single family residence. S EP - 6 e"UM DE5CPvTION Fuco BLOCK G, 'DANIA HEIGHT5", ACCORDING TO PLAT THEREOF A5ED IN PLAT BOOK 3, PAGE 22, OF THE PUBLIC RECORDS OF BROWARD , FLORIDA. NOTES 1) THE LAND DE5CRIPTION 5HOWN HEREON WAS PROVIDED BY THE CLIENT.EASEMENTS AND RIEHTS N MADEf WAY PER RECORD PLAT HAVE BEEN SHOWN HEREON. NO FURTHER 5EARCH FOR MATTERS OP RECORD MA.` BEEN MADE BY Tn15 FIRM. 2) TH15 5URVEY 15 PREPARED FOR THE 50LE AND FXCLU51VC U5E OF THE PAKTIE5 A5 5URVT_YEI'POR AND CERTIFIED TO AND SMALL NOT BE RELIED UPON BY ANY OTHER ENTITY OR INDIVIDUAL. 3) MATION5 SHOWN HEREON ARE BASED ON NATIONAL GEODETIC VERTICAL DATUM OF 192". 4) BKOWARD COUNTY ENGINEERING DIV15ION BENCHMARK 01 132-ELEVATION-10.910 5) NORTH ARROW RELATIVE TO A5SUMED EAST ALONG THE CCNTMINE OF 5.W.4Th STREET. MODELO PARR (PS. 14.FIG. 10 B.C.R.) ALLEY PER PLAT(NOT CON5TRIJCTED) POUND}'IRON 47.20' (FIELD) _%l POUND PIPE IN CONCRETE I 47.00 (PLAT) o, IRON PIPE CHAIN UN PENCE LOT A LOT 13 LOT 2 WOOD JI FENCE FEMA FLOOD INSURANCE RATE MAP OF:DANIA BEACH.FLORIDA COMMUNITY PANEI 5UFFIX ZONE NO. NO. 120034 0309 F X FIRM DATE EUEV. f R. ELEV GRADE Ah 10-02-97 WA NSA WA u m R <d O Q CHAIN LINK f PENCE Lu z LL Q AUG 18 [[]1 p z F.V C./' N PENCE "a ti 47. 60000' 'a. (PLAT 4 FIELD)4-CONCRETE CONCRETE WALK 5ET r IRON FOUND} ROWCAF IF4054 /) RON FIFE O EDGE CP PAVEMENT �✓I Lc/ NAIL-BENCnMARj 5-W' 4TH 51REff NAIL-BENCHMARK ELEVATION-1291 ELEVATION-13.10 _ "INNIH WBOX Pat THE NIIN PI onwoNAL NIRVEYWI•NAIPLR iW1UDARFUHn1ATgN -- uvuloH °An IT GIBES LAND SUILVEYORS SKETCH OF BOUNDARY SURVEY /� tllllpltTvooD RouLEVARL,ENHE>a b1lweN An w1., /WWI\ MOLLY WLOL.R 111A IINIRiN11 ICAIE Itiy "AI w,. LR'FNEED IVSIHCEf NO.All DUYNW 1Nl tNFt EFL I\' IIAi