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HomeMy WebLinkAbout2007-11-27 Regular City Commission Meeting Agenda Packet AGENDA DANIA BEACH CITY COMMISSION REGULAR MEETING TUESDAY, NOVEMBER 27, 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 # 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 Howard Rolle, Dania Church of God 3. ROLL CALL 4. PRESENTATIONS AND SPECIAL EVENT APPROVALS 4.1 Presentation by Chip Merriam, Deputy Executive Director, South Florida Water Management District 4.2 Special Event Request for the Mt. Sinai Church Bazaar to be held at 113 South Federal Highway on Saturday, December 8, 2007 from 10:00 a.m. —4:00 p.m. 5. PROCLAMATIONS 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." Dania Beach City Commission Agenda—November 27, 2007 Page 2 of 5 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 November 7, 2007 City Commission Workshop Approve Minutes of the November 13, 2007 City Commission Meeting 7.2 Travel Requests: Travel request of City Manager Ivan Pato to attend the Leadership Training Seminar to be held in Charleston, South Carolina on April 27-29, 2008 (Estimated cost: $1,000, remaining budget $6,800) Travel request of Vice-Mayor Albert Jones to attend the Leadership Training Seminar to be held in Charleston, South Carolina on April 27-29, 2008 (Estimated cost: $1,000, remaining budget $3,305.85) Resolutions 7.3 RESOLUTION#2007-229 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA REQUIRING MEMBERS OF THE CITY OF DANIA BEACH HOUSING AUTHORITY TO FILE FINANCIAL DISCLOSURE FORMS WITH THE COMMISSION ON ETHICS OF THE STATE OF FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.4 RESOLUTION#2007-231 A RESOLUTION OF THE CITY COMMISSION OF THE CITY DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO INCREASE THE CONTRACT EXISTING BETWEEN THE CITY AND FRANK HILL CONSTRUCTION, INC FOR THE CONSTRUCTION OF THE DANIA BEACH MARINA RESTROOMS BY THE AMOUNT OF $2,828.10; PROVIDING FOR CONFLICTS; PROVIDING FOR FUNDING; FURTHER, PROVIDING FOR AND EFFECTIVE DATE. Dania Beach City Commission Agenda—November 27, 2007 Page 3 of 5 Ordinances (Titles to be read by City Attorney) 7.5 ORDINANCE #2007-031 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE DEVELOPMENT ORDER FOR THE DESIGN CENTER OF THE AMERICAS DEVELOPMENT OF REGIONAL IMPACT ADOPTED BY CITY OF DANIA ORDINANCE NO. 20, AS AMENDED BY ORDINANCE NOS. 04-84, 22-84, 05-87, 02-88, 23-90, 47-91, NO. 04-96, 2000-017, 2000-051, AND 2002-022, TO MODIFY THE PHASING SCHEDULE DESCRIBED IN THE DESIGN CENTER OF THE AMERICAS APPLICATION FOR DEVELOPMENT APPROVAL AND TO MODIFY THE DEVELOPMENT OF REGIONAL IMPACT MASTER PLAN (MAP H-1); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 8. BIDS AND REQUESTS FOR PROPOSALS 8.1 RESOLUTION#2007-230 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AWARDING THE BID FOR JANITORIAL SERVICES FOR THE CITY OF DANIA BEACH TO MAGIC CLEAN, INC. AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH THE COMPANY FOR SUCH SERVICES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 8.2 RESOLUTION 42007-232 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE AWARD OF A BID TO COMMERCIAL FENCE CONTRACTORS, INC. IN THE AMOUNT OF $18,859.50, PERTAINING TO THE DANIA COVE SITE; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE AGREEMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9. PUBLIC HEARINGS 9.1 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 Dania Beach City Commission Agenda—November 27, 2007 Page 4 of 5 CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) 9.2 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. (SECOND READING) 10. COMMISSION COMMENTS 10.1 Commissioner Bertino 10.2 Commissioner Castro 10.3 Commissioner Flury 10.4 Vice-Mayor Jones 10.5 Mayor Anton 11. DISCUSSION AND POSSIBLE ACTION 12. APPOINTMENTS 12.1 Human Relations Board (10 Members—2 per Commissioner—2 Year Term) Commissioner Bertino— 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) 2 Alternate positions 13. ADMINISTRATIVE REPORTS 13.1 City Manager 13.2 City Attorney Dania Beach City Commission Agenda—November 27, 2007 Page 5 of 5 13.3 City Clerk - Reminders Tuesday, December 11, 2007—7:00 p.m. Regular City Commission Meeting Thursday, December 13, 2007—6:00 p.m. CRA Board Meeting 14. ADJOURNMENT NOV - 7 2007 s' 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: Mt. Sinai Church Bazaar Event Date: December 8, 2007 [ ] Sean Brown [ ] Dominic Orlando [ ] Larry Leeds [ ] Phil Reeves [ ] Tom Ansbro [ ] Ma cDonald [ ] ief Donn Peterson — BSO Louise 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: AncNrr� Ka4f1./ , At�5[s orxi_ �JIC/a eel rR -lo Con-r-oC-T City of Dania Beach re '4- �./ZIc M West Dania Beach Blvd„Dania Reach,FL 33004 SPECIAL EVENTS APPLICATION— Events o or n PRIVATE /PUBLIC PROPERTY Please Event Name, Date, and Time: •Brief f'escriptiion of the Evert: s Cin ie d Qy) Address/Location of Event: Event Coordinator: E Phone#1: �. 9579/�D.?lJ E-mail Address: Phone#2:f/ V4L,0,3 Fax: Additional Contact Person for the Event: �5 Phone#1: �5�� a0 2 Yt(9 E-mail Address: F(1�lar�i U �Ir✓�I�/ /✓r��Dhl� .�� Phone#2:/AKg�`f 9✓?a" ` `f`l� Fax. Organization or Sponsor of Event: Address: - 1 3 gn e d�y a t� rc1 U City, State,zip Code: i & t✓Q sn� 13O Phone: �� L, —g g 7 Fax: 9 d 9 ' �,5 cS_ Cell: .r Is this a Non-Profit Organization? QQ Yes [ ) No Tax ID#: /6- O� (y�3ZT h SG Corporation Name(As It appears in the Articles of Incorporation): Ij nn.�. �'t,n ' 1,pt;l-fed Me o��s4 Churc.� ' Date of Incorporation: te of Incorporation: Federal ID#: qD ^ Authorizing Official fdr the Organization: _}�p- ' - Phone#1: E-mail Address: Phone#2: B5 1 Authorizing vial for the Organization ( �7!�tl/, r Phone#1: Y U a- •40 7 E-mail Address: e i f 7 P j t n Lew Phone#2: ICU Y) Special Events Appacatlon—Page t—Rev.MAV2606 e00noo0 SK11dUl soadwv taorotszvss xvd to-at tooa!�o;u Property Owner: *Please Note--A letter of Consent is revuire from the property owner for the approval of this sopllcatfon. is the letter attached?[ ]Yes [ ]No // Will any portion of this event take place on Public or City Property? [ ] Yes [yi No y✓ill there be a charge for admission? [ ] Yes 14 No If yes, how much? Has this event been held in the past? [ J Yes [4'No if So, Indicate the city location of last event: / -is the event to take place: [ ] Indoors [ ] Outdoors [v] Both Number of Expected Daily Attendants: 5 7 (BSO or Fire Details may be required-refer to page 6) 'please indicate'the duration of the event: DAY PATE START TIME END TIME TOTAL#OF HOURS qM :DU M Anticipated Date and Time to Begin Set-Up: ) Z 191 �. 'Anticipated date and Time for Completion of Break-Down: 2 -Do you have a site plan for the event to be submitted with this application? [ ] Yes [ ] No -Please Note—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 fa7No es,recreation vehicles for overnight housing, etc. -is there a request for any road closures? [ ] Yes [ Please Identify the street name(s)and/or locations for closure requests: Please Note— These streets must also be identified on the site plan. Special Events Application—Page 2—Rev.MAY2006 800/Z00@i S3IHdO81 SOddHV IZObL6Lb56 HYd ZO ZL LOOZ/L011L I 'Are you requesting to fence the event? [ ]Yes [v] No Please Note-You must Identify any fencing on the site plan. J/ -Will Canopies (No Sides)be used for this event? [ ]Yes [d 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 end 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 [a No pplease 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 too 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 Note - The use of generators, temporary wiring, temporary electrical connections, etc. require permits and inspections. Please apply for the permit($) 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. I -Will there be live entertainment at this event? [ ] Yes [y No n "Please indicate the type(Ex. Band, DJ, Live Performers,etc.): I[� r*pleja"see . the hours of entertainment DATE STARTTIME END TIME TOTAL#OF HOURSge(s) be used in this event? [ ] Yes [ No Please note Fire Extinguisher Requirement in the next question. 1 . 'Do you have adequate fire extinguishers for this event? 1y Yes ( ] No r�°nypWY `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. Wngulshers must be easily accessible and not obscured from view. Fire extinguishers must abeice see commercial compaBBC Multi-Purpose' (minimum 5lbs.) fire extinguishers that are currently certified and toggedy y Demonstrate that this re uire ant will be met b makln note n the sitepllan indicatlna all of the above r T anis or providing a joff tg raven ur Special Events Application-Page 3-Rev.MAY2006 600/£00 SKHdOd1 SOadWV IZOVIGIV56 XVj ZO ZI LOOZ/LOXLL -�o� c�Dn�A�,vnS Qh�J Vill there be concessions or a s of food at this event? (;,] Yes C ]It No 'lease specify: Please N to-An onglnal Certificate of Liability Insurance and worker's Compe sation Is required from all vendors. :nsure that the Certificate is for this specific event, has the proper dates, and names the City of Danis Beach as an %ddidonal Insured. No event will be approved without this Insurance - W.11 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: NIA j Electric Grill($); #� ] Gas Grill(s); #� J Charcoal Grill($); #, ] Smoker Grllls(s),#, ] Grease Fryer(s); #� ] Oven(s); # J Electric Range Burner(s); #� ] Gas Range Burner(s); #� 'Please Note - Grease Fryers are not permitted Indoors unless they are protected with an approved Hood and a JL300 Compliant Wet Chemical Automatic Fire Suppression System In accordance with,JJ.FPA 96. Does each cooking appliance have Its own dedicated Fire Extinguisher? [ ] Yes [ ] No 'lease Note- Each cooking appliance must have its own dedicated fire extinguisher. Class K fire extinguishers are equired for fryers. Demonstrate that this uirement will be met b makin a note on the site I n Indicatln all f the above requirements or oravidina a letter to th fire v nti r 'Does each cooking area have the proper clearances from all other event areas? Ye [ ] No .lease Note - Cooking areas can be located no closer than 30 feet from any tent or canopy structure, event rides, ;cages,grandstands or bleachers, etc. Ensure th t this me ur nt Is demonstrated on to n. Nill there be sales of alcohol at this event? [ ] Yes ( No please No -An original certificate of liquor liabllity insurance naming the City of Dania Beach as additional Insured and a 1/213 Day Special Sales License is required to be submitted with this application. The license can be obtained rum the State of Florida Department of Business and Professional Regulation. f yes, please Specify Types of Alcohol to be Said: CvJJ NIA [ ] Beer ( ] Wine [ ] Liquor J Mixed Drinks [ J Other: vV`JJ/� f alcohol is being served, please Indicate how the beverages will Table Serve served: ice NIA [ ] Draft Truck t J Cold Plate [.J Mini-Bar [ J Beer Tub [ J 7ther: 1 Nill 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 ( J Other: Nlll there be retail sales at this event? [ ]Yes [ No Please Specify: Speclal Events Appligtion-Page a-Rov,MAY2006 800/V00121 SIIHdOH1 SOHdNV lZObl Bdb96 XV2 ZO ZI LOOZIIO/LL 'Will there b any carnival rides,mechanical or vehicular rides, or animal rides at this event? [ ] Yes [ No 'If yes, please describe: What Is the name of the vendor or vendors providing the rides? [ N/A Please Note - 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 then vendor's Certificate of Liability and Workers Compensation Insurance with this application? [ I Yes [a4No *Please Note-An original Certificate of Liability and Workers 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. 'Will there be any use of pyrotechnics and/or Fireworks Displays at this event? [ ] Yes No Please Note-Pyrotechnics and/or Fireworks displays require special applications, permits and Inspections as well as an original Certificate of Liability and Workers Compensation Insurance. In addition, a Fire Inspector Oil be required to be present during set-up and displays. This expanse will be passed on to the event. Please apply for the permit at the Fire Prevention Bureau located at 901 N.E. 3 Street, I. T. Parker Community Center, Harbour Towne Marina. (BSO or Fire Details may be required-refer to page 6) 9M11 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 requirements. Locations must be indicated on the site plan, l/ Are portable,ADA compliant s!/anitary facilities being provided for this event? [ ] Yes [,J No If so, How many? I7IA Please Note-Provide the locations of all sanitary facilities on the site plan. Is there a request for any temporary slgnage for this event? [ ] Yes [ Please Not -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? [ ] Yes [ No if yes, please explain: *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: � c y a a G / 't 'Indicates special attention Fire Prevention, Special Events Application-Page 5-Rov.MAY200r3 900/400 �n S3IHdOd1 SOadHV IZOVL611`56 xvd ZO ZI LOOZi LO/ll BSO DETAILREQUIREMENT Based upon anticipated attendance, site or building size,site location, and ability to assure public safety requirements, a Broward Sheriffs Office Detail maybe 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 advance or 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 for the 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 I 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. L/�Gd/r C I.�D�/�✓ATD/t sigrffiture of APOftarff Title ALL 7 Date STATE OF FLORID COUNTY OF BROWARD The foregoing instrument was acknowledged before me this_day of . 2006 By,, who Is personalty known to me,or, If not, produced the following form of identification: Notary Public Sign: My Commission expires: Print: My.Commisslon number: Special Events Application—Page 0—Rov.MAY2006 800/900 S]IHdOb1 SOadHV .ZObl9Lb59 Hvi ZO Zt LOOZ/LO/tt C —�J �l I ' i B00/L00�j S3IHdOdi S088HV LZOtLUt 8 XHd ZO ZI LOOZ110111 tka Sowk Fend District 1'1�CY11ft4i11� ` y �u Broward,Mauat tta& Mit Nod&Kaye The United Methodist Church The Reverend Deborah McLeod,District Superintend= Email: �e(gt+l itc.o_gr 2850 SW 27 Avenue,2 Floor,Miami,FL 33133 0 Office:303 445-9136 4 Fax:305-442-0716 City of Dania Beach Dania Beach,Florida October 11,2007 - To Whom It Mny Concern: By this letres I authorize Mount Sinai United Methodist Church to hold their Chtueh Bazaar ari December 8,2007. Mount Sinai is an official United Methodist Church that has full use of the Church Building at 1 Is sl I Avenue. They are permitted, by the South East District of the UMC, which holds title to the building,to schedule any church fltricdon authorized by the Rev.Rmesti>m Henry,Pastor. The United Methodist Chtm:h appreciates its long relationship with the City of Dania Bead and we look forward to any activity that Can fostar good will in our community. If you have any questions, do not hesitate to contact me. Sincerely, �9�G+ti•�. �rTrt.?.�� Deborah A McLeod B00/800 SKHd081 SOddNV lZ0bl6Lb46 Htld ZO ZI LOOZ/LO/ll MINUTES OF WORKSHOP 740 DANIA BEACH CITY COMMISSION WEDNESDAY, NOVEMBER 7, 2007 — 7:00 P.M. 1. Call to Order Mayor Anton called the Workshop to order at 7:23 p.m. 2. Roll Call Present: Mayor: Bob Anton Vice-Mayor: Albert C. Jones Commissioners: John Bertino Anne Castro Patricia Flury City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson 3. Presentation by Atlantic Village Marina, Inc.: Proposed 419 room hotel-condominium and 160,000 sq. ft. office building on a 9.3 acre parcel. Property located on the north side of Griffin Road directly east of the Hilton Hotel. Property is zoned C-3. Laurence Leeds, Director of Community Development, provided a description and history of the property. He noted the site plan is for a mixed use hotel-condominium office and marina. Next to the office building will be a parking structure for their use. Most of the issues involve parking and traffic. Director Leeds advised that the plan has been reviewed by staff but would still require additional review. He commented this is a modem structure and noted that the applicant will be maintaining the manna. Director Leeds added that a parking variance may be required. There is no issue with setbacks and pervious area. He indicated that a height variance may also be required, due to FAA and FDOT approval. Bayard Spector, representing Atlantic Village Manna, Inc., noted this has been a long time coming. He advised the FAA gave them 157 feet for the office building, and 130 feet for the hotel based on a step-up design. Mr. Spector indicated that subterranean parking has been designed beneath the hotel and office building. He pointed out that FAA has given the air space approval. Mr. Spector responded for Mayor Anton that the property is valued at $60M. Commissioner Castro confirmed with Mr. Spector that they are planning to build this property and not flip it. They are ready to start as soon as all permits are approved. Director Leeds advised that there are still some technical issues that need to be worked out. Once these issues are resolved the project will be presented to the Planning and Zoning Board for review. Commissioner Flury thought this was a fabulous project and was not concerned with the height. Charles Sieger, Sieger Suarez Architectural Partnership, indicated that the project has already been presented to the DRC review board. They have worked on the changes and all issues that were raised should be resolved by the November 15 review meeting. Director Leeds clarified that due to the complexity of the project, staff may not be ready for the November 15 review committee. He further noted that they may not be able to bring the project forward to the Planning and Zoning Board until the New Year. Vice-Mayor Jones noted this was an excellent project. He asked if there were any problems with ingress and egress. Director Leeds indicated that the applicant is currently working on some problems identified by staff. He pointed out that staff may not have time this year to have another meeting to review the plans and submit to the Planning and Zoning Board. Commissioner Bertino thought this was a good time to build hotels. He would like to see if we could hire an outside engineering firm to expedite the project, and have the developer pay for the costs. Director Leeds noted that we are currently using an outside engineering firm to assist the Public Services Director with his review. We will also use an outside traffic engineer to review the applicant's traffic study as soon as they submit one. Charles Sieger indicated that the City is doing a fine job and he did not see the need to hire any additional experts to assist with the project. It was the consensus of the Commission to move forward with the project provided the applicant submits the required documentation and cooperates with staff. 4. Presentation of draft amendments to Pervious Area Requirements Laurence Leeds, Director of Community Development, noted that a comparison with other cities shows that Dania Beach requires more pervious area for non-residential uses than most of the cities in Broward. Based on this, staff is recommending a reduction in commercial and industrial pervious area requirements: Commercial to 25 percent and Industrial to 20 percent. He indicated that variances and waivers create uncertainty, and if we leave the current requirements the way they are we will continue to see variance requests. Minutes of Workshop 2 Dania Beach City Commission Wednesday,November 7, 2007—7:00 p.m. It was the consensus of the Commission to make the changes for Commercial and Industrial as suggested by staff. Director Leeds also suggested a reduction of 37 percent for Residential requirements. He pointed out that this reduction will allow homeowners to meet current parking requirements as well as the installation of slightly larger mobile homes. Director Leeds confirmed for the Commission that the Public Services Director has no objection to these reductions. It was the consensus of the Commission to make the changes for Residential as presented by staff. 5. Presentation of draft amendments to Administrative Variance procedures Mayor Anton noted he requested staff to expand the Administrative Variance criteria to make the process available to Single-Family homeowners. Laurence Leeds, Director of Community Development, explained the proposed process. He presented a comparison table showing the Administrative Variance current requirements as well as the proposed amendments, which is attached to and incorporated into these minutes. It was the consensus of the Commission to delete the outdoor storage of larger boats or recreational vehicles in the front yard. It was the consensus of the Commission to approve staff recommendations for the remainder of the items on the table. Director Leeds explained the Site Plan Review process and suggested the Planning and Zoning Board serve as the Board of Adjustment to appeal denials of Single-Family home variances. The property owner could still appeal the decision of the Planning and Zoning Board to the Commission. Commissioner Flury questioned if it would be possible to split the projects into small and large, for a decision to be made by the Planning and Zoning Board or the City Commission, depending on the case. Mayor Anton indicated he would only support the staff recommendation if Director Leeds had the judgment to bring it to the Commission in case there was a problem. He did not think the Commission had to review every application. Commissioner Bertino felt the Commission should make the decision. It was the consensus of the Commission to keep the decision making with the Commission, not the Planning and Zoning Board. Minutes of Workshop 3 Dania Beach City Commission Wednesday,November 7,2007—7:00 p.m. Director Leeds also recommended that the Planning and Zoning Board have final site plan approval authority over development located in the IROM, IRO and IROC zoning districts, subject to the following additional requirements: a) The property shall not be located adjacent to a residential zoning district. Properties separated by a roadway, rail corridor, or canal from residential zoning district shall be considered adjacent to the residential zoning district. b) Properties shall not be located adjacent to Sheridan Street, Stirling Road, Griffin Road, Bryan Road, I-95 or Ravenswood Road. c) The property shall not be located east of US 1 and north of the Dania Cut-Off Canal. d) The site plan application shall not require a waiver, appeal, variance or special exception. Director Leeds ratified that any decision made by the Planning and Zoning Board could be appealed to the City Commission. It was the consensus of the Commission not to move forward with the Board of Adjustment. It was the consensus of the Commission to accept staff recommendation for the Planning and Zoning Board to have final approval authority over building additions which shall not exceed 20 percent of the gross floor area or 2,500 square feet, whichever is less. 6. Presentation of draft amendments to Special Exception, Variance, and Site Plan approval procedures Laurence Leeds, Director of Community Development, suggested Single and Two-Family homes, and building additions not exceeding 1,000 square feet should be exempt from site plan review. It was the consensus of the Commission not to move forward with this recommendation. It was the consensus of the Commission to allow an addition to commercial buildings to be treated as Administrative Review, provided it does not exceed 1,000 square feet. Director Leeds further suggested variances, special exceptions, appeals and site plans expire in 12 months unless: 1) the applicant submits a building permit application and construction drawings within 12 months of City Commission approval; and 2) the applicant obtains a building permit (including payment of all fees) within 18 months of City Commission approval. Minutes of Workshop 4 Dania Beach City Commission Wednesday,November 7,2007—7:00 p.m. Director Leeds finally suggested that the City Commission may grant an extension if the applicant submits an extension request within 13 months of City Commission approval provided he can demonstrate good cause for the delay. It was the consensus of the Commission to agree to the recommendation made by Director Leeds regarding the extensions. Director Leeds asked the Commission to hold a Workshop on November 27, 2007 at 5:30 p.m. to interview the two finalists for the Unified Land Development Code Letters of Interest. It was the consensus of the Commission to hold the Workshop at 6:00 p.m., either November 27 or December 11, 2007. 7. Adiournment Mayor Anton adjourned the Workshop at 8:20 p.m. ATTEST: CITY OF DANIA BEACH LOUISE STILSON, CMC BOB ANTON CITY CLERK MAYOR-COMMISSIONER Minutes of Workshop 5 Dania Beach City Commission Wednesday,November 7, 2007—7:00 p.m. MINUTES OF REGULAR MEETING 7. 1 DANIA BEACH CITY COMMISSION TUESDAY, NOVEMBER 13, 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 Ernestine Henry, Mt. Sinai Methodist Church, gave the Invocation followed by the Pledge of Allegiance to the United States Flag. 3. Roll Call Present: Mayor: Bob Anton Vice-Mayor: Albert C. Jones Commissioners: John Bertino Anne Castro Patricia Flury City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson 4. Presentations and Special Event Approvals 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,PROVIDING FOR AN EFFECTIVE DATE. Robert Legg, Miller Legg, presented a handout to the Commission regarding information on how businesses can now direct sales tax collection allowances to classroom technology by checking a box on sales tax remittance forms. These funds will be used to purchase up-to-date classroom technology and provide teacher training in the use of that technology in Broward County. Funds collected in Broward County will come back to Broward County Schools and are anticipated to be between $4M and $6M annually. Commissioner Castro suggested a copy of the resolution be sent to the Chamber of Commerce for distribution to the local businesses. Mr. Legg offered to make a presentation to the Dania Chamber of Commerce if they so wished. Commissioner Castro motioned to adopt Resolution #2007-217; 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 4.2 Report on the Metro-Broward Professional Firefighters Local 3080 Union Vote — Sergio Pellecer Sergio Pellecer, President of the Metro-Broward Professional Firefighters Local 3080, reported fact finding has occurred and the Union members voted to move forward with negotiations to merge with the Broward Sheriffs Office. Once the information is received it will be brought back to the Commission to decide on whether or not the merger should occur. He requested the Commission allow the City Manager to enter into negotiations with the Broward Sheriffs Office for a possible consolidation. Commissioner Castro motioned to move forward with contract negotiations with Broward County for Fire Services; seconded by Vice-Mayor Jones. Commissioner Bertino was against turning the Dania Beach Fire Department over to the County. He expressed concern about bringing Firefighters from other areas within Broward County who are not familiar with our City and about the response time as well. Commissioner Flury would like at least three months to review any documents that are provided by the County. They must include an extensive financial analysis and an assessment of quality and service issues. Vice-Mayor Jones pointed out that it will be for him and the rest of the Commission to make the final decision, not the Firefighters. He further noted that if their proposal does not meet the level of professionalism we currently have, he will not be satisfied. Commissioner Castro stressed the fact that she prefers our local Fire Department. However, the Commission told the Firefighters to go out and investigate if it would be better to join Broward County. She would like to look at the proposal from the perspective of the Firefighters, the City, and above all, the citizens of Dania Beach. Commissioner Castro noted it will be for the Commission to decide what is best for our residents. She commended the Fire Department for their efforts to move forward with the investigation. Commissioner Bertino would like the City Manager to keep the Commission informed on a timely basis. Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,November 13, 2007—7:00 p.m. Mayor Anton noted that the most important thing is providing a high level of service to the citizens of Dania Beach. The second is the financial issue and the third is the impact on our employees. He supported the idea of the Fire Department looking for other options. The motion carried on a 4-1 consensus, with Commission Bertino opposing. 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. Commissioner Castro motioned to approve the Special Event Request for the Dania Church of God 70`h Anniversary Parade; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 4.4 Certificate of Appreciation for Deputy Robert Fraelich and the BSO Inmate Work Unit—City Manager Pato City Manager Pato provided a history on the development of the BSO Inmate Work Program. He presented a Certificate of Appreciation to BSO Deputy Robert Fraelich for the outstanding work performed in the City Hall Atrium by the BSO Inmate Work Unit. He also recognized some of the Public Services employees who are involved with the program. 4.5 Certificate of Appreciation for the Finance Department—City Manager Pato City Manager Pato presented a Certificate of Appreciation to Patricia Varney, Director of Finance, Nicki Satterfield, Assistant Finance Director, and Frank DiPaolo, Controller, on behalf of the entire Finance Department for their dedication during the preparation of the City Budget. 5. Proclamations 5.1 Dania Church of God 70`h Anniversary Vice-Mayor Jones presented a Proclamation to Pastor Howard Rolle of the Dania Church of God for their 701h Anniversary. 6. Citizen Comments There were no citizen comments at this meeting. Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,November 13,2007—7:00 p.m. 7. Consent Agenda Items removed from Consent Agenda: #7.2, #7.3, #7.5, #7.6, #7.7, and#7.8 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#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. City Attorney Ansbro read the title of Resolution#2007-223. Vice-Mayor Jones asked if the tiles would be slip-proof. Patricia Varney, Director of Finance, responded the tiles are ADA approved and there will also be mats installed in the Atrium. Vice-Mayor Jones motioned to adopt Resolution 92007-223; 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 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 EMPLOYMENT CONTRACT FOR CALENDAR YEAR 2007;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2007-224. Commissioner Flury commented we should pay it if we owe it, but wondered why we should pay anyone's taxes. Patricia Varney, Director of Finance, responded the way we had calculated the City Manager's benefits was incorrect since his recent salary increase. She became aware of the tax rules at a recent meeting she attended. Based on this rule, the City Manager will incur a tax liability of approximately $1,080 before the end of this calendar year. Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,November 13,2007—7:00 p.m. Commissioner Castro also questioned the City paying the City Manager's taxes. Commissioner Castro motioned to split the difference. Vice-Mayor Jones questioned if the City Manager's contract states we absorb the costs associated with the vehicle. Director Varney responded in the affirmative. She further clarified that the City absorbs the cost of the gas and maintenance of the vehicle. Director Varney noted she learned of the rule at a meeting of the South Florida Finance Officers Association where an IRS Representative was the guest speaker. She indicated she did not know when the rule came into effect. Commissioner Castro pointed out that the rule did not change we were calculating his taxes incorrectly. Director Varney pointed out that the City Manager reached the cap on his salary in October, 2006. Vice-Mayor Jones agreed with Commissioner Castro that the City Manager should absorb part of the cost. Commissioner Bertino noted the City Manager had no idea it was coming. He pointed out that the City Manager voluntarily refused to receive his COLA. Commissioner Bertino made a substitute motion to make a one time payment to the City Manager; the motion died for lack of a second. Commissioner Castro questioned if we would do this for other employees? She thought the person had received the benefit and this could be setting a precedent. City Manager Pato stated he did not want this money and clarified he did not ask for it. He thought this was a matter of fairness and requested to have his COLA reinstated, which he voluntarily gave up,because it would be the fair thing to do. Commissioner Flury thought fifty percent was more than fair and seconded the motion. She noted that due to the fact that we did not calculate it right, it was therefore an error on our part. City Manager Pato declined the offer to receive fifty percent of the amount, and state that he only put this on the agenda to see how the Commission would react. Commissioner Castro thought it would have been more professional not to place this on the agenda if the City Manager did not want it. She felt distracted that City Manager Palo brought this matter forward just to see how the Commission would react. Commissioner Castro pointed out that he should not have wasted everyone's time to see what the comments were. The motion carried on the following 4-1 Roll Call vote: Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday,November 13,2007—7:00 p.m. Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton No Commissioner Flury Yes Commissioner Castro motioned to reinstate the City Manager's COLA. City Manager Pato declined the offer to have his COLA reinstated. Commissioner Castro withdrew her motion. 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. City Attorney Ansbro read the title of Resolution#2007-222. Vice-Mayor Jones provided a history of the Florida Forever program. He asked the rest of the Commission to support the creation and funding of a successor program. Vice-Mayor Jones motioned to adopt Resolution #2007-222; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 7.6 RESOLUTION 42007-226 Revised Resolution 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#2007-226. Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,November 13,2007—7:00 p.m. Vice-Mayor Jones thought we should make citizens aware that the items are available. He would like the Commission to receive a quarterly report of the bids and the account where these funds are being allocated. Vice-Mayor Jones motioned to adopt revised Resolution #2007-226; 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 7.7 RESOLUTION#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. City Attorney Ansbro read the title of Resolution#2007-227. Commissioner Bertino commented on the right to bear firearms, and that people will still be able to purchase semi-automatic weapons. He reported that states with gun bans have a higher percentage of shootings than those without, and he thought this measure would stop citizens from purchasing the clip type weapons, but not from purchasing guns. Commissioner Bertino felt we were going the wrong way by supporting the Assault Weapon Ban. He further commented that the problem was with the people using the weapons, not the weapons themselves. Commissioner Flury thought assault weapons were atrocious and supported this Resolution. Commissioner Flury motioned to adopt Resolution #2007-227; seconded by Vice-Mayor Jones. Mayor Anton noted he had asked for this Resolution to be placed on the Agenda because he wanted to make everyone aware that our society is becoming more violent everyday. He commented on the increasing number of Police Officers recently killed. Mayor Anton wanted the Legislature to consider the enactment of such a ban within the State of Florida, similar to the one adopted by other states in the country. 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 Regular Meeting 7 Dania Beach City Commission Tuesday,November 13,2007—7:00 p.m. 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 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. City Attorney Ansbro read the title of Resolution#2007-228. Commissioner Flury questioned the additional $33,000 funding and the possible elimination of the surveillance camera system at Frost Park. Colin Donnelly, Assistant City Manager, advised he was not aware that there was a surveillance camera system at the park when this matter was discussed at a previous meeting. Kristen Jones, Parks and Recreation Director, clarified that the surveillance system was installed by BSO Chief Cowart; it covered the perimeter of the building and the back patio and it is not a good quality system. She noted this is not the same system as the one that will be installed at the other parks. Commissioner Flury indicated that funding this program was important, however, we had already voted to put the surveillance system in all the parks. She would prefer to fund the MOST and ASP Programs from Contingency. Commissioner Flury motioned to adopt Resolution #2007-228, with funding from Contingency; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes Ordinances (Titles 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) Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,November 13,2007—7:00 p.m. 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) Commissioner Castro motioned to approve the Consent Agenda, with the exception of Items #7.2, #7.3, #7.5, #7.6, #7.7, and #7.8; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 8. Bids and Requests for Proposals There were no proposals at this meeting. 9. Public Hearings and Site Plans 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) Mayor Anton advised that staff asked that this item be withdrawn because they have not heard from the applicant since the item was continued on October 9, 2007. Item #9.4 was heard after Item #9.1 City Attorney Ansbro advised the following items were quasi-judicial matters, and swore-in those who would speak. He asked the Commission to disclose any communications they had on these matters. Item #9.2 was heard after Item #9.5 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- Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,November 13,2007—7:00 p.m. 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"d STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2007-218. Laurence Leeds, AICP, Director of Community Development, explained the location of the property, which is currently vacant. He noted that the applicant is requesting an extension of a previously approved variance, waiver and site plan for the construction of an eight-unit town home project. The reason for the extension is due to delays with processing permits with Broward County agencies. Director Leeds had no objection to extend the approvals for a maximum of one year. Mayor Anton opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. The Applicant noted he has been working with the County for the past six months and is also having problems with Florida Power and Light. He asked for consideration of his request due to circumstances beyond his control. Commissioner Bertino motioned to approve Resolution #2007-218, for one year; 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 9.3 RESOLUTION 42007-219 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. City Attorney Ansbro read the title of Resolution #2007-219. Laurence Leeds, AICP, Director of Community Development, explained the location of the property and noted it is across the street from the Public Services facility. The request is for a site plan to construct an 80,745 square foot warehouse/office complex. The applicant is requesting a waiver for a fifteen feet rear yard setback. Staff asked the applicant to move the front of the building to allow for more landscaping along Stirling Road. He further noted that the applicant is also requesting a fifteen percent pervious area. The Public Services Director indicated there are special circumstances that support this reduction. Staff and the Planning and Zoning Board recommend approval. Mayor Anton opened the Public Hearing. Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,November 13,2007—7:00 p.m. Patty Hart, 517 NE 2"a Place, questioned if they would be required to install a wall because it backs up to residential property. Director Leeds noted that the applicant has been notified that a six foot wall is required, as well as landscaping along the south property line. Seeing as there was no one else to speak in favor or opposition, Mayor Anton closed the Public Hearing. Commissioner Flury questioned if the applicant meets all the landscaping requirements. Director Leeds indicated that if the Commission requests the applicant to increase the pervious area and the vehicular use area requirement, he will be reducing the parking which will make the building smaller. Commissioner Castro supported the project, with the condition that they build the wall and provide additional landscaping. Commissioner Bertino commented it was an unattractive building. Director Leeds clarified for Vice-Mayor Jones that our practice is to notify the abutting properties outside the City however, he could not guarantee the property owners to the south were notified. Director Leeds changed his recommendation and asked for this item to be continued until the November 27, 2007 Regular City Commission meeting. Vice-Mayor Jones motioned to continue Resolution #2007-219 until the November 27, 2007 City Commission meeting at 7:00 p.m.; seconded by Commissioner Bertino. The motion was denied on the following 2-3 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro No Mayor Anton No Commissioner Flury No Commissioner Flury motioned to approve Resolution 42007-219, with the condition that the applicant provide additional landscaping to the front and rear of the building and the applicant modifies the north parapet treatment of Building #1 to be consistent with Building #4; seconded by Commissioner Castro. The motion carried on the following 4-1 Roll Call vote: Commissioner Bertino No Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes Item #9.4 was heard after Item #9.1 Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday,November 13,2007—7:00 p.m. 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 8T11 STREET, DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2007-220. Mayor Anton disclosed that he spoke with Mr. Comeau. Laurence Leeds, AICP, Director of Community Development, explained the applicant wants to replace an existing roofed porch in the back of the property with a new, enclosed sunroom. He indicated our code did not allow this. Director Leeds noted that staff, as well as the Planning and Zoning Board, recommended approval of the variance request. He advised there have been no objections from the neighbors. 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 approve Resolution 42007-220; seconded by Vice-Mayor Jones. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 9.5 RESOLUTION 42007-225 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 4T" STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2007-225. Laurence Leeds, AICP, Director of Community Development, noted that the request is for an extension of a previously granted variance for the construction of a single-family home. He recommended approval of the request. John Bartley, 201 SE 2ad Avenue, applicant, explained that he is requesting a three-year extension due to the current real estate market situation. Mayor Anton opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,November 13, 2007-7:00 p.m. Commissioner Flury motioned to approve Resolution #2007-225; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes Item #9.2 was heard after Item #9.5 10. Commission Comments 10.1 Commissioner Bertino Commissioner Bertino had no comments. 10.2 Commissioner Castro Commissioner Castro noted that she received a "Thank You" card from South Broward High School Marching Band for the City's $500 contribution towards their new uniforms. Commissioner Castro advised that Clare Vickery and the Antique Festival Committee are working on the next Art and Antiques Festival to be held in January 2008. In the meantime, they are opening the "Angels Exhibit" at Grace Cafe, featuring Purvis Young, beginning in December. The Exhibit is co-sponsored by the Boys and Girls Club of Broward County and Arts Park at Young Circle. She encouraged businesses within the City to support this event. Commissioner Castro asked City Manager Pato to remind Ms. Vickery to move forward with the request for permits for the January event. Commissioner Castro asked Assistant City Manager Donnelly for clarification about funds that might be available for hurricane or storm mitigation for homeowners. She questioned whether Dania Beach had joined this program and if we were sending notices to residents. Assistant City Manager Donnelly explained there had been some confusion because of notices appearing in the newspapers. He clarified that the City applied for approximately $278,000 in supplemental CDBG mitigation funds to assist homeowners with damages caused by the hurricanes. Broward County expects to receive approval from the Federal Government in May, at which time we will publish the information. As regards the Mobile Home Mitigation Program referred to by some residents, it was a Bill before the Florida Legislature that has not gotten out of Committee yet. 10.3 Commissioner Flury Commissioner Flury requested an update on the Neighborhood Improvements Program at the next meeting, including the Linear Park and the SE traffic calming project. Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday,November 13,2007—7:00 p.m Commissioner Flury commented that the Dania Woman's Club will be celebrating their 100`h Anniversary on December 4, 2007. She requested a proclamation be presented at the November 27 Commission Meeting, and noted that Norma Connors would provide the necessary information. 10.4 Vice-Mayor Jones Vice-Mayor Jones requested that mutual aid information be included in the Departments' Quarterly Reports. He would also like to see a report of costs for chanty from Parks and Recreation. Vice-Mayor Jones expressed his concern regarding young men trying to break into automobiles on SW I"Avenue. Chief Peterson, BSO District II, commented they are aware of the situation and they are currently working in conjunction with the City of Hollywood. He noted they had three burglary arrests in the past three days. Chief Peterson asked citizens to lock their cars. Vice-Mayor Jones requested the Code Compliance Unit check on a recreational vehicle parked at SW 2"d Avenue and 4"' Street which is in disrepair and is affecting the appearance of the area. Vice-Mayor Jones advised he recently attended the Lions Club breakfast and they discussed the possibility of bringing the Boys and Girls Club to Dania Beach. They spoke about the need to raise approximately $500,000 for operational costs. He noted that they thought about using our parks and having our staff trained so they could work with them because if they use our facilities, there would not be a need to pay for the construction of a building. Vice-Mayor Jones indicated these were only suggestions and they have not reached a final decision. Vice-Mayor Jones read a list of free events sponsored by Memorial Healthcare System. He said he would provide the community event sheet to the City Clerk to post at City Hall. Vice-Mayor Jones reported that he attended the Griffin Civic Association and noted they are very active within the community. Vice-Mayor Jones advised he will be out of town and will not attend the Abatement Hearing on Thursday,November 15, 2007. 10.5 Mayor Anton Mayor Anton commented on the condition of the repaved NW 40`h Avenue roadway. He asked City Manager Pato to contact the County Administrator to look at this situation. Mayor Anton advised that the Melaleuca Homeowners Association will meet tomorrow night, November 14, in the Commission Chamber. Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday,November 13,2007—7:00 p.m. Mayor Anton noted that he attended the County meeting on November 6 regarding the Part 150 Program for the Fort Lauderdale-Hollywood Airport expansion. He indicated their recommendations to the FAA are based on insufficient funds. He read some of the recommendations and suggested residents contact the FAA about the low numbers provided by the County. Mayor Anton commented the Florida Commission on Ethics no longer requires the Dania Beach Housing Authority members to complete Financial Disclosure Forms. Mayor Anton would like to hear the opinion of the other members of the Commission. Commissioner Bertino did not think it was necessary for them to fill out the Financial Disclosure Form. Commissioner Castro, Commissioner Flury, Vice-Mayor Jones and Mayor Anton thought they should complete the Financial Disclosure Form. It was the consensus of the Commission to have City Attorney Ansbro bring forward a resolution at the next Commission meeting, confirming that the members of the Dania Beach Housing Authority should continue submitting Financial Disclosure Forms. 11. Discussion and Possible Action There were no discussion items on this agenda. 12. Appointments Commissioner Flury appointed Linda Wolfson to the Nuisance Abatement Board. Vice-Mayor Jones motioned to approve the Board appointment; 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 13. Administrative Reports 13.1 City Manager Palo City Manager Pato advised the cost for the Dania Elementary Family Day to be held on Saturday, December ls` at Frost Park from 11:00 a.m. to 4:00 p.m., would be approximately $2,500. This cost includes the DJ, Bounce House, Popcorn and Candy Machines, Face Painter Clown, and food and beverages. He will bring forward a recommendation as to where the funds Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday,November 13,2007—7:00 p.m. should come from. City Manager Palo asked the Commission to consider implementing a policy for this type of request, in order to be consistent. 13.2 City Attorney Ansbro City Attorney Ansbro noted he will not be able to attend the Abatement Hearing on Thursday, November 15, 2007. He clarified that Code Attorney Tim Ryan will be present. 13.3 City Clerk—Reminders Thursday, November 15, 2007 —6:00 p.m. Abatement Hearing Tuesday, November 27, 2007—6:00 p.m. Special Meeting - Interviews for Unified Land Development Code Tuesday, November 27, 2007—7:00 p.m. Regular City Commission Meeting City Manager Pato advised he will be meeting with the Interim County Administrator tomorrow on the Library and other general issues. 14. Adiournment Mayor Anton adjourned the meeting at 9:10 p.m. ATTEST: CITY OF DANIA BEACH LOUISE STILSON, CMC BOB ANTON CITY CLERK MAYOR-COMMISSIONER Minutes of Regular Meeting 16 Dania Beach City Commission Tuesday,November 13,2007—7:00 p.m. zo' 7 3 CITY OF DANIA BEACH MEMORANDUM TO: Mayor and Commission CC: Ivan Pato, City Manager FROM: Thomas J. Ansbro, City Attorney DATE: November 16, 2007 RE: Resolution Requiring Dania Beach Housing Authority Board Members to File Financial Disclosure Forms with the Commission of Ethics of the State of Florida As determined by the City Commission at its November 13, 2007 City Commission meeting, attached is a copy of the referenced Resolution. This will be agendaed for City Commission adoption at the November 27, 2007 City Commission meeting. TJA:slw Attachments tur sZ'rE Albert P. Massey, III Philip Claypool Chair CharlesLydecker _ Executive Director � - --.Q Vice Chair Virlindia Doss Michael W. Brown °pD ' Deputy Executive Cheryl Forchilli State of Florida Director Latour"LT" Lafferty COMMISSION ON ETHICS Roy Rogers P.O. Drawer 15709 (850)488-7864 Phone Thomas P. Scarritt,Jr. Tallahassee,FL 32317-5709 278-7864 Suncom (850)488-3077(FAX) 3600 Maclay Blvd.,South,Suite 201 wµw.ethics.state.fl.us Tallahassee, FL 32312 October 30, 2007 Mr. Ivan Pato City of Dania Beach, City Manager 100 W Dania Beach BLVD Dania Beach, FL 33004 Re: Dania Beach Housing Authority— Financial Disclosure— "Local Option" Dear Mr. Pato: The statutory definition of who is a "local officer" for purposes of financial disclosure has been amended in recent years, and in the process of developing the annual list of filers, our staff has determined that there are boards on the list who should no longer be on it. We have identified the Dania Beach Housing Authority as one such board. In CEO 03-5, the Commission opined that members of a dependent special district were not "local officers" for purposes of financial disclosure because Section 112.3145(1)(a)2, Florida Statutes, lists only "independent" special districts and not "dependent" special districts. Therefore, members of the dependent special district in CEO 03-5—a health facilities authority—were not required to file the annual statement of financial interests (CE Form 1). Our staff believes that the rationale of CEO 03-5 is applicable to the Dania Beach Housing Authority with the same result: its members are not required to file financial disclosure. However, as referenced in CEO 03-5, Section 112.3145(1)(a)2.g, Florida Statutes, contains a "local option" that the appointing authority can exercise tC regui,_re�e . ' _. ti?� ,Beach Housing Authority to file financial disclosure. Essentially, it expands the definition to "local officer' to include: Any other appointed member of a local government board who is required to file a statement of financial interests by the appointing authority or the enabling legislation, ordinance, or resolution creating the board. October 30, 2007 Page 2 The City of Dania Beach may choose to uti thi)annnual ' ision to require the appointed members of the Dania Beach Housing Authorit to file statement of financial interests. However, unless the City of Dania B ch exercisoption before December 31, 2007 and provides us with a copy of its ordi ante or resolto that effect, we intend to remove the members of the Dania Beach Hous* g Authority fe list of local officers who are required to file financial disclosure for they ar 2007. If you have any questions, please do of hes to to contact our office at (850) 488-7864. Either Shirley Taylor, Financial Disclosure Coordinator, or Julie Costas, legal advisor to the Financial Disclosure Section, will be able to assist you. Sincerely, PHILIP C. CLAYPOOL Executive Director cc: Tom Ansbro City Attorney 100 W Dania Beach BLVD Dania Beach, FL 33004 RESOLUTION NO. 2007-229 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA REQUIRING MEMBERS OF THE CITY OF DANIA BEACH HOUSING AUTHORITY TO FILE FINANCIAL DISCLOSURE FORMS WITH THE COMMISSION ON ETHICS OF THE STATE OF FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Dania Beach, Florida has been advised by the Commission on Ethics of the State of Florida that members of the Dania Beach Housing Authority, who are appointed by the Mayor and whose appointments are confirmed by the City Commission, are not currently required to file financial disclosure forms with the Commission on Ethics; and WHEREAS, however, as a result of recent changes to the disclosure laws, the City Commission has the option to require Housing Authority appointees to continue to file the disclosures if the City Commission chooses to do so; and WHEREAS, the City Commission, recognizing the fiduciary duties of Housing Authority Board members, believes it is important that such members continue to file financial disclosure forms with the Commission on Ethics; 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 as the appointing authority of members of the Dania Beach Housing Authority, requires all members who serve on the Board to file annual financial disclosure forms, which forms are to be filed with the Commission on Ethics of the State of Florida. Section 2. That the City Clerk is directed to distribute certified copies of this Resolution to the members of the Dania Beach Housing Authority, its Executive Director, and the Executive Director of the Commission on Ethics of the State of Florida. 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 #2007-229 CITY OF DANIA BEACH Agenda Item # •• • Agenda Request Item Date of Commission Meeting: 11-27-2007 Public Hearing ❑ Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: R'qu@sted Acf�on (tder�ftya}7Prp tAxc�6n Sf tv1VtlQn). Approve change orders related to the reconstruction and new construction of marina restrooms/dockmaster's office ti,vn Action as Necessary Contract with Frank Hill Construction, Inc. requires amendments to allow for additional expenses. What Actior,Accomplshes Provides for funding for improvements to dockmaster/lifeguard office. Ptrchasing 12equests ONLY.. Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary XplanatioaUBackgrcfrt Minor modifications were made to the design build plan for the reconstruction of the Marina Restrooms. Change order number two allows for an upgrade on the hardware for the restrooms dedicated for the marina use. The pushbutton combination locks will allow boater access 24 hours a day without issuing over 100 keys. The door locks are like those used at certain doors connecting to the City Hall atrium. Change order Number 3 - increases room sizes by decreasing storage area and relocates wall. It is expected these are the last change orders for this project. fiscal lrripaet/Cost SutT►rnaTy .. Increases cost of the project by $2,828.10 1:achibits Attached Exhibit 1- Resolution Exhibit 2 - Change order No. 2 Exhibit 3 - Change order No. 3 Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Atithofl2.®SI$to 8S .;,l .. .,. Submitted by Colin Donnelly Date 11/20/07 Department Director Date Assistant City Manager Colin Donnelly Date 11/20/07 HR Director Date Finance Director Patricia Varney Date 11/20/07 City Attomey Thomas J. Ansbro Date 11/20/07 City Manager Ivan Pato Date 11/20/o7 User Creating Item Item Name (do not use/or\ in name) Colin Donnelly marina restroom change order 2 & 3 C,9lY-4`rlt�ilt s„ .:.: .1 h�� 4ti� ,4, Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-231 A RESOLUTION OF THE CITY COMMISSION OF THE CITY DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO INCREASE THE CONTRACT EXISTING BETWEEN THE CITY AND FRANK HILL CONSTRUCTION, INC FOR THE CONSTRUCTION OF THE DANIA BEACH MARINA RESTROOMS BY THE AMOUNT OF $2,828.10; PROVIDING FOR CONFLICTS; PROVIDING FOR FUNDING; FURTHER, PROVIDING FOR AND EFFECTIVE DATE. WHEREAS, the City awarded a contract pursuant to Resolution No. 2006-227 on December 12, 2006 to Frank Hill Construction, Inc. to design, rehabilitate and construct the Dania Beach Marina Restrooms; and WHEREAS, a contract between the City of Dania Beach and the company was executed on January 23, 2007 for the project in the amount of$218,700.00; and WHEREAS, the contract amount was increased by $18,490.00 by Resolution No. 2007- 062; and WHEREAS, the City desires to make modifications to the design for the betterment of the use of the Marina Restrooms which have a total cost in the amount of$2,828.10 as detailed in Change Orders No. 2 and No. 3, as shown in the documents attached as "Exhibit A" and "Exhibit B", respectively; and WHEREAS, the City Commission previously approved funding for the project in the amount of$269,050.00; NOW, THEREFORE, BE IT RESOVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the proper City officials are authorized to execute Change Orders No. 2 and No. 3, to the contract existing between the City and the Frank Hill Construction, Inc. for the Dania Beach Marina Restrooms Project in the exact amount of$2,828.10 for work described in Exhibits "A" and`B", copies of which are attached. Section 2. That the contract between the City of Dania Beach and the company for the Dania Beach Marina Restroom Project is amended to provide for payment of an amount not to exceed $240,018.10 to be funded from the applicable General Obligation Bond. 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 2 RESOLUTION#2007-231 FRANK HILL CONSTRUCTION, INC 14 C i'D Invoice 00007109 267 SW 42TH STREET Numw, 1004 DANIA BEACH,FLA. 33004 CE13,0964-5"18 FA)MW-9204M DAB: July It.2001 SOU: ,COLIN WKNEWly DANLA BWA MARINA RESTR" [' I T V or DANYA REACH 103 N. BRAt-H ROAD I 100 DANIA BEACH BLVD- !DANth BEACH, PLA rAh ZA BEACH, PU Descripon AS FKA OUR MEETING OW CONCERNING THE LOCKS ON THE FJAXIA PWAU MhPTXA VASTROOMS THIF FOLLOWING IS THE CREDIT AND UPCHARGE FOR THE 2 LOCKS OF 2 IDC&S AT $53.95 CACH-$107.90 LWX VNICK14 PUSHRIUTTON ACC253 MIRTAOL LOCKS A7 06,151-00 irwAw YM tRANK R.fg" rparnt HRi cramle"m.we. TOW 90 day. 11,90 do" Tote! FRANK HILL CONSTRUCTION, INC invoice CGCO07109 267 SW 12TH STREET 1016 DAMA BEACH,FLA 33004 CELL 520-9018 F 920.5 $ Cam: 16,2007 810 To. Ship Tat 'Cn ;. ; rcvNSX,,.Y DAKIA IWACH MAPTNA Rd R. -- 1 Y :F DANIA BEACH 203 N. [%k'.hLB ROAD ti, i-ANTA+ BEACH tuv1:. 10ANTA REACH, FLA. 33004 PANTA BEACH, FGA. M DANIA BFAVII 13 R1 Description Amount DUCK MASTER & 1,1PEGUARD i1FF1'CES UP CHARGES: 1 . gave wall and add paratition 0.00 2. Insulatation $26$260.00 3.Drywall S32$$60.00 4.3'0 X 6"S boor & Hardware $150.00 5.8lock door opening & pour 2 colums $350.00 6. Tile Floors & Base TC1TA1, $2,$$7.Ly 0 '.. CRFVIT FOR RpLL UP DOOR lQ X 10 $5, 170.9C 53,50A.n0 Thank you, Frank R. Hill Frank Hill C:onstrtiction, Tnc. Total $1 ,666.00 0-30 days 31 -60 dayx -� 61 -90 days >90 days Total .a ® CITY OF DANIA BEACH Agenda Item # /. Agenda Request Database Date of Commission Meeting: 11/27/2007 Public Hearing ❑ Adopt Resolution ❑ Adopt Ordinance (1st Reading) EX] Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: ORDINANCE NO.2007-031 AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORIDA,AMENDING THE DEVELOPMENT ORDER FOR THE DESIGN CENTER OF THE AMERICAS DEVELOPMENT OF REGIONAL IMPACT ADOPTED BY CITY OF DANIA ORDINANCE NO.20,AS AMENDED BY ORDINANCE NOS.U-84.22-84,05-87.02-88.23-90,47-91,NO.04-96,2000-017, 2000-0511 AND 2002-022,TO MODIFY THE PHASING SCHEDULE DESCRIBED IN THE DESIGN CENTER OF THE AMERICAS APPLICATION FOR DEVELOPMENT APPROVAL AND TO MODIFY THE DEVELOPMENT OF REGIONAL IMPACT MASTER PLAN(MAP H-1):PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. I WIN Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Design Center of the Americas: Amendment to the Development of Regional Impact (DRI) Ordinance Staff Report 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: ❑ ORDINANCE NO. 2007-031 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE DEVELOPMENT ORDER FOR THE DESIGN CENTER OF THE AMERICAS DEVELOPMENT OF REGIONAL IMPACT ADOPTED BY CITY OF DANIA ORDINANCE NO. 20, AS AMENDED BY ORDINANCE NOS. 04-84, 22-84, 05-87, 02-88, 23-90, 47-91, NO. 04-96, 2000-017, 2000-051, AND 2002-022, TO MODIFY THE PHASING SCHEDULE DESCRIBED IN THE DESIGN CENTER OF THE AMERICAS APPLICATION FOR DEVELOPMENT APPROVAL AND TO MODIFY THE DEVELOPMENT OF REGIONAL IMPACT MASTER PLAN (MAP H-1); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach, Florida, previously adopted a Development Order (the "Development Order") by Ordinance No. 20 on September 13, 1983, approving with conditions the Application for Development Approval for the Development of Regional Impact for the project known as the Design Center of the Americas ("DCOTA"); and WHEREAS, the Development Order was subsequently amended by City of Dania Ordinance No. 04-84, adopted on April 24, 1984, City of Dania Ordinance No. 22-84, adopted on September 25, 1984, City of Dania Ordinance No. 05-87, adopted on April 14, 1987, City of Dania Ordinance 02-88, adopted February 9, 1988, City of Dania Ordinance No. 23-90, adopted on May 8, 1990, City of Dania Ordinance No. 47-91, adopted on December 17, 1991, City of Dania Ordinance No. 04-96, adopted on April 23, 1996, City of Dania Beach Ordinance No. 2000-017, adopted April 25, 2000, City of Dania Beach Ordinance No. 2000-051, adopted December 12, 2000, and City of Dania Beach Ordinance No. 2002-022, adopted May 28, 2002; and WHEREAS, the Application for Development Approval approved by the Development Order described a phasing schedule for the development of the Design Center of the Americas Development of Regional Impact; and WHEREAS, such phasing schedule has been subsequently modified by amendments to the Development Order, the last modification being made by City of Dania Beach Ordinance No. 2002-022; and WHEREAS, the City of Dania Beach has received a request from the current owners of real property within the Design Center of the Americas Development of Regional Impact project to amend the Development Order, as amended, in order to further modify the phasing schedule described in the Application for Development Approval and to revise the Development of Regional Impact Master Plan (Map H-1); and WHEREAS, in accordance with House Bill 7203 enacted by the 2007 Florida Legislature, the City Commission finds that the project authorized by the Development Order was under active construction as of July 1, 2007, in that the following construction had occurred within the project as of that date: (i) 779,111 square feet of design center showroom, (ii) 60,000 square feet of office, and (iii) 250 hotel rooms; and WHEREAS, the City of Dania Beach has reviewed the proposed modifications to the phasing schedule described in the Application for Development Approval pursuant to the criteria enumerated in Section 380.06(19), Florida Statutes, and has determined, based on clear and convincing evidence, that the proposed modifications do not require further Development of Regional Impact review under Chapter 380, Florida Statutes, or the regulations of the City of Dania Beach; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above recitals are true and correct and are incorporated into this Ordinance by reference. Section 2. That a modification in the phasing schedule for development of the Design Center of the Americas Development of Regional Impact, as described in the Application for Development Approval approved by the Development Order, as amended, is approved so that the phasing schedule shall now consist of the following: Phase Design Center Office Hotel Begin End Operations Showroom Rooms Beginning 1 261,111 s.f. 60,000 s.f. 250 1983 1985 1985 2 288,000 s.f. 1987 1988 1988 3 230,000 s.f. 1996 2001 2001 4 220,889 s.f. 120,000 s.f. 119 After Prior to Prior to 7/1/2007 11/30/2010 11/30/2010 Section 3. That the Master Plan for the Design Center of the Americas Development of Regional Impact is amended as shown on revised Map H-1 attached to this Ordinance and incorporated by this reference. 2 ORDINANCE#2007-031 Section 4. That as modified by this Ordinance all terms and conditions of the Development Order, as amended, shall remain in full force and effect. Section 5. 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 6. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed. Section 7. That this Ordinance shall take effect immediately at the time of its passage. 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 3 ORDINANCE#2007-031 REVISED MAP H-1 m z cn I I y m i i N z fTl j i z � i i r m i � y Z 1 3 i i m � i A I 1 n j 1.. iE ° i v I � � ! '1 0 ; c � i � 3 mrtnnal�l ,1. m � I..J LJ �SiT9➢Pq���!• Z j g j '= € Ell009 y O Z ! m 4 ORDINANCE#2007-031 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director C /' Community Development SUBJECT: Design Design Center of the Americas: Amendment to the Development of Regional Impact (DRI) APPLICANT: Design Center of the Americas DATE: November 27, 2007 The applicant has submitted a request to modify the DCOTA DRI as follows: (a) Increase the size of the Phase II office building from 90,000 to 120,000 sq. ft, (b) Add a new 119-room hotel adjacent to Griffin Road, and (c) Extend the build out date from 2007 to 2010. Design Center Hotel Operations Phase Showroom Office Rooms Begin End Beginning 1 261,111 sq. ft. 60,000 sq. ft. 250 1983 1985 1985 _2 288,000 sq. ft. 1987 1988 1988 3 __ 230,000 sq. ft. 1996 2001 2001 4 220,889 sq. ft 120,000 a 119 After Prior to Prior to 7/1/2007 11/30/2010(`) 11/30/2010 The Phase II office building will be located in the same location; building height will increase from nine to 12 floors. The new hotel will be located in the northwest corner of the site adjacent to Griffin Road. As per the 1984 Master Plan, a multi-story parking garage is shown along the east lot line next to Ocean Waterway Mobile Home Park. RECOMMENDATION Approval, subject to obtain site plan approval by the City Commission. DCOTA DRI NOPC 11-27-07.doe CITY OF DANIA BEACH Agenda Item # Q, / Agenda Request Item Date of Commission Meeting: 11-27-2007 Public Hearing ❑ Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑X Presentation ❑ Continued from: Ft6gUested'a��tian ''t+d epptopbata�tatoil4k Matron} E. Award Janitorial Service to Magic Clean Inc. 1illhy ,3 Actlarr is 8kp Comply with City's purchasing policy and procedures Vlthet A fi ar Accat�1j J khee J. (tChanA eift�j:Ret}UIS OfI*51 Dept: Acct#: Amt: Fund: General: ❑X water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ ort►[n a i.s The City issued a RFP to seek janitorial services. Ten responses were received and reviewed by the Committee which consists of Nand Denny, the Purchasing and Contracts Co-ordinator, Colin Donnelly, the Assistant City Manager and Patricia Varney, the Director of Finance. After obtaining references for the lowest bidder, Magic Clean Inc., the Committee is recommending to the Commission to award Magic Clean Inc. a one year agreement with the option to renew with two one-year additional extensions under the same terms and conditions upon mutal consent. Y " V.Cl., ... .... ... fiscal 6 mat, Pl : U iA Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 M. Submitted b Patricia Varney Date 11/19/07 Department Director Date Assistant City manage Date HR Director Date Finance Director Patricia Varney Date 11/19/07 City Attorney Thomas J. Ansbro Date 11/19/07 City Manage Ivan Pato Date 11/19/07 User Creating Item Item Name (do not use or in name) iPatty Varney Janitorial service mN�i �N:,: m M 0 Commission Action: Approved: F-1 Denied: F Continued to: F-1 RESOLUTION NO. 2007-230 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AWARDING THE BID FOR JANITORIAL SERVICES FOR THE CITY OF DANIA BEACH TO MAGIC CLEAN, INC. AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH THE COMPANY FOR SUCH SERVICES; 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 contracts for the purchase of supplies, services, equipment and materials for the City government in excess of fifteen thousand dollars ($15,000.00) shall not be entered into or let except by authorization and approval of the City Commission, after advertisement for bids in a newspaper published in Broward County, Florida, with such publication to be published weekly for two (2) consecutive weeks with the first publication to be not less than fifteen(15) days prior to the reception of bids; and WHEREAS,the City Manager has determined that there is a need to contract for janitorial services for the City of Dania Beach Administrative Center and the Public Services Administrative building; and WHEREAS, bids and specifications for Janitorial Services were advertised and responses were received on October 2, 2007; and WHEREAS, the City Manager has determined, after review of the bids received, that such services can be provided at the least cost to the City by awarding the bid to Magic Clean, Inc.; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That subject to the provisions of Section 2, below, the offer received from Magic Clean Inc. for janitorial services for the City facilities known as the Administrative Center (exclusive of those spaces occupied by the Broward Sheriffs Office), and the Public Services Administrative Building, as such services are identified in substantial form in Exhibit "A", attached, is approved and accepted, and the appropriate City officials are authorized to execute an agreement with the company for such services in the amount of$12,933.00 for the initial year and two additional one year renewals with mutal consent of both parties under the same terns and conditions. Section 2. That the City Manager and City Attorney are authorized to make minor revisions to such agreement as are deemed necessary and proper for the best interests of the City. Such agreement and award of the bid shall not be deemed finally accepted by the City unless and until the City has completed its execution of the agreement. 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 2 RESOLUTION#2007-230 EXHIBIT "A" SERVICE FOR ADMINISTRATION CENTER(CITY HALL) 100 West Dania Beach Blvd., Dania Beach, FL Work to be done Monday through Friday after 5 p.m. Daily: • Dust and clean all fixtures (including restrooms), counter tops, doors, door frames, kick plates, tables, chairs and window ledges and baseboards • Empty waste receptacles and wash as necessary • Empty and damp clean all outside ash trays • Clean, sanitize and polish drinking fountains • Sweep, dust mop, vacuum and damp mop all floors • Disinfect all tables, sinks and kitchen counters • Spot clean glass doors, glass windows and mirrors • Spot clean carpets as needed • Refill all paper and soap dispensers, replace urinal disinfectant blocks as needed • Spot clean restroom partitions and walls • Disinfect exterior of all appliances and cabinet doors • Clean and sanitize all telephones • Lock entrance doors and turn lights off after completion of daily work Once Per Month • Polish all office furniture, desks, credenzas, shelves, etc. • Vacuum fabric type furniture and wipe clean plastic and leather furniture • Dust light fixtures and ceiling vents Additional services upon request: • Strip and refinish floors • Carpet cleaning by hot water extraction • Outside window washing 3 RESOLUTION#2007-230 SERVICE FOR PUBLIC SERVICES DEPARTMENT OFFICES 1201 Stirling Road, Dania Beach, Florida Cleaning to be done after 5 pm Three times per week: • Dust and clean all fixtures (including restrooms), office furniture, file cabinets, desks, credenzas, counter tops, display units and window ledges • Spot clean doors, doorframes, light switches and walls • Empty and wash all ashtrays, clean all sand urns • Empty all waste receptacles and take out to designated area • Clean all internal glass partitions and entrance glass • Clean and sanitize drinking fountains and water coolers • Vacuum and spot clean all carpeted areas • Dust and damp mop all ceramic and resilient floor areas • Sweep all concrete floor areas • Disinfect all tables, sinks and kitchen counters, disinfect exterior of all appliances • Refill all paper and soap dispensers • Clean and polish all restroom fixtures and dispensers • Clean and disinfect wash basins, toilet bowls, urinals • Clean and disinfect restroom walls and partitions • Clean and sanitize all telephones • Mop all restroom floors with germicidal solution • Polish all metal and mirrors in restrooms • Clean janitors closet • Turn off designated lights and lock doors and windows Once a month • Damp wipe all high and low shelves, surfaces and corners beyond the reach of normal dusting, dust all picture frames • Polish all office furniture, desks, credenzas, shelves, etc. • Vacuum fabric type furniture and wipe clean plastic and leather furniture • Clean and polish all chrome chairs and table legs • Dust all Venetian blinds • Dust light fixtures and ceiling vents 4 RESOLUTION#2007-230 VENDOR BASE BID Jani-King of Miami, Inc. 5 Days- $32,988.00 1. 4000 Hollywood Boulevard, Suite 695-S 3 Days- $23,700.00 Hollywood, FL 33021 P. Serv.- $3,900.00 954-655-7659—Daniel H. Charleton Kleen Master, Inc. 5 Days- $14,100.00 2. 1125 N.E. 1251h Street 3 Days- $11,460.00 North Miami,FL 33161 P. Serv.- $3,420.00 Digos Enterprises 5 Days- $26,016.00 3. 2010 N.W. I"Terrace 3 Days- $15,600.00 Pompano Beach, FL 33060 P. Serv. - $2,340.00 954-942-3270—Ambrose Nwadi o Great Maintenance Enterprise 5 Days- $13,980.00 4. 1561 Virginia Avenue, Suite 103-A 3 Days- $12,600.00 College Park, Georgia, FL 30337 P. Serv. - $3,600.00 Ninety Five South Inc. 5 Days- $25,800.00 5. 225 Montauk Highway 3 Days- $15,600.00 Moriches, NY 11955-1425 P. Serv. - $4,200.00 321-480-9590- Luis Maceo Cleaning Resources Corporation 5 Days - $26,400.00 6. 241 NW 41 Street 3 Days- $22,800.00 Pompano Beach, FL 33064 P. Serv. $11,400.00 954-785-0787 Magic Glean 5 Days-$11,733.00 7. P.O Box 772316 3 Days - $7,200.00 Gvlai Springs,',FL 33077 P. Serv. $1,200.00 954-588-8113 '-Maurio o Melara Cleaning Systems, Inc. 5 Days - $31,200.00 8. 10330 NW 55 Street 3 Days - $21,600.00 Sunrise,FL 33351 P. Serv. $3,900.00 954-341-0000 Bright Maintenance 5 Days - $18,288.00 9. 2501 S. Ocean Drive 3 Days- $11,700.00 Hollywood, FL 33019 P. Serv. - $3,528.00 Premiere Building Services 5 Days - $13,788.00 10. 1945 NE 207`h Street 3 Days - $8,868.00 North Miami Beach,FL P. Serv. - $1,788.00 (305) 401-0691 Reference checks are as follows: 1. Donald Campbell,Palm Beach County Parks &Recreation indicated that Magic Clean performs a good job. 2. Susan from Broward Tag Agency in Sunrise stated there was no problem at all with Magic Clean performance or attendance and that the owner is very respectful. 3. Donna from American Insurance stated that the owner is a"very tough cookie"regarding cleanliness and that she hasn't had any complaints. AGREEMENT THIS IS AN AGREEMENT ("Agreement"), dated , 2007 between: THE CITY OF DANIA BEACH ("City"), a Florida municipal corporation, with a business location at 100 WEST DANIA BEACH BOULEVARD, DANIA BEACH, FLORIDA 33004, and ("Contractor"), a Florida corporation with its principal place of business located at In consideration of the mutual terms, conditions, promises, covenants and payments set forth in this Agreement, the sufficiency and receipt of which are acknowledged, City and Contractor agree as follows: ARTICLE 1 PREAMBLE In order to establish the background, context and frame of reference for this Agreement, and to generally express the objectives and intentions of the parties, the following statements, representations and explanations are the predicates for the undertakings and commitments included within the provisions which follow, and may be relied upon by the parties as essential elements of the mutual considerations upon which this Agreement is based. 1.1 The Contractor, for the consideration fully set out below, shall furnish all the materials, equipment and labor to perform all work requested by the City, all in full and complete accordance with the City's Invitation to Bid and Contractor's response to it, which document is attached and a made part of this Agreement. 1.2 The City advertised its notice to bidders of the City's desire to have the Project completed, pursuant to the bid entitled: INVITATION TO BID JANITORIAL SERVICES 1.3 On , 2007, the City awarded the bid to Contractor and authorized the proper City officials to enter into this Agreement with Contractor. ARTICLE 2 SERVICES AND RESPONSIBILITIES 2.1 Contractor agrees to do everything required by this Agreement and to comply with any and all other provisions in the documents and items incorporated by reference into this Agreement. Contractor also agrees to perform all clean-up and bear the expense of any off-site disposal, which is or may be necessitated by its work. 2.2 Contractor agrees that all work performed under this Agreement shall be done in a professional manner and that Contractor's efforts will produce a quality result. 2.3 Contractor represents to City, with full knowledge that City is relying upon these representations when entering into this Agreement with Contractor, that Contractor has the expertise, experience and work force sufficient to timely perform the services to be provided by Contractor pursuant to the terns of this Agreement. 2.4 Contractor represents to City that Contractor is properly licensed by all applicable federal, state and local agencies to provide the services specified under this Agreement. If any of the Contractor's licenses are revoked, suspended or terminated for any reason by any governmental agency, Contractor shall notify the City immediately. 2.5 Contractor agrees to conduct all work and services under this Agreement in accordance with all applicable federal, state and local laws and regulations. Contractor will identify all governmental authorities and agencies having jurisdiction to approve work and Contractor agrees to obtain all permits and approvals from any and all such governmental authorities which have jurisdiction. If permitted by the permitting agency, and if City can realize a cost savings by such action, City may authorize the Contractor to seek required permits on behalf of and in the name of City as its Contractor; provided, however, that Contractor agrees to fully indemnify and hold harmless the City in all respects as a result of the obtaining of any and all such permits and approvals. Without limiting the foregoing, City agrees to reimburse Contractor, upon City's receipt of adequate proof that Contractor has paid same, the amounts of all permit fees incurred by Contractor in connection with the applications, processing and securing of approvals or permits which are required to be obtained from all governmental authorities which have jurisdiction over any and all aspects of this work, except City permits and fees which shall be waived and except for so much of any fees as to which the City is required to remit to other governmental agencies. 2.6 City's Purchasing and Contracts Coordinator (the "Coordinator"), or her designated representative, will be the person through whom Contractor must communicate all information pertaining to the Agreement. 2.7 Contractor shall guarantee all work against poor workmanship for a period of one year and shall immediately correct any defects which may appear upon written notification by the City's Coordinator or her designated representative. Defective materials shall be warranted to the extent of the manufacturer's applicable warranty. ARTICLE 3 TERMS AND CONDITIONS 3.1 Contractor shall begin to perform the work as and when so directed by the Coordinator. 3.2 This Agreement may be terminated by City if Contractor fails to perform the work to City's sole and reasonable approval, after City sends written notice of any deficiency to Contractor and Contractor does not cure such deficiency within five (5) days from the date of such notice. In such event, the Contractor shall be paid compensation for completed work accepted by the Coordinator, if such work meets City's sole and reasonable approval, which approval will not be unreasonably withheld. In the event that the Contractor abandons work specified in this Agreement or causes it to be tenninated, Contractor shall indemnify the City against any loss pertaining to its abandonment up to a maximum of the amount to be paid under this Agreement. All finished or unfinished materials, documents and reports prepared by Contractor shall become the property of City and shall be delivered by Contractor to City before payment, if any, is made to Contractor by City. ARTICLE 4 COMPENSATION AND METHOD OF PAYMENT 4.1 Contractor shall be compensated as specified in the Invitation to Bids. 4.2 Payment will be made to Contractor at: 4.3 The acceptance of work shall constitute a waiver of all claims by the City except for any or all claims arising from the guarantee in this Agreement and the Invitation to Bid, unsettled liens, lawsuits, deficiencies or faulty work appearing within one (1) year after final payment for such work. The acceptance of payment shall constitute a waiver of all claims against City by the Contractor. 4.4 Contractor shall, before any final payment is made by City, provide City copies of releases of all liens from any and all subcontractors, materials' providers and the like, who or which supplied or furnished any labor, services or materials that were used in the Work. Contractor shall then furnish the City a"No Lien Affidavit". Final payment shall be made upon submission by the Contractor of evidence satisfactory to the City that all payrolls, material bills and other costs incurred by the Contractor in connection with the work, have been paid in full, and after all guarantees and specifications for products, materials or both incorporated into the Work that appear in this Agreement and as otherwise set forth in the Invitation to Bid have been furnished to and found acceptable by the City. ARTICLE 5 CHANGES IN SCOPE OF WORK City or Contractor may request changes that increase, decrease or otherwise modify the work, as described in this Agreement. These changes may affect the compensation specified above and, if so, they must be described in a written amendment, executed by the authorized agents of both of the parties, prior to any deviation from the terms of this Agreement. In no event will Contractor deviate or permit deviation from the work described in this Agreement without City's advance written consent. ARTICLE 6 PROTECTION OF CITY'S PROPERTY At all times during the performance of this Agreement, the Contractor shall protect the City's property and the property of others from all damage whatsoever on account of Contractor's performance of work. ARTICLE 7 INDEMNIFICATION 7.1 Contractor shall indemnify and hold harmless City and the City's officers, employees and agents as specified in the Invitation to Bid. 7.2 The Contractor agrees to release the City from and against any and all liability and responsibility in connection with the work. If Contractor exposes City to liability for any reason arising out of the work, Contractor's compensation may be withheld until City can determine the extent of City's exposure and City retains the right to offset any amounts related to such matters against Contractor's compensation, if any. City will notify Contractor in writing when it determines Contractor may have exposed City to any liability and City will provide a reasonably ascertainable date by which resolution of the exposure, offset or both will be determined. ARTICLE 8 INSURANCE 8.1 The Contractor shall not commence work under this Agreement until Contractor has obtained all insurance required by the City Risk Manager, as specified in the Invitation to Bid and coverages and insurance have been approved by the Risk Manager of the City. The Contractor shall not allow any subcontractor to commence work on any subcontract until the subcontractor, as provided in section 13.3, below, and all coverages required of any subcontractor, have been approved by City. In addition, Contractor shall be responsible for any policy deductibles and self-insured retentions. 8.2 Contractor shall file Certificates of Insurance with the City, reflecting evidence of the coverages. They shall be filed with the City Risk Manager within ten (10) days of the date first above written. These Certificates shall contain a provision that coverages afforded under these policies will not be canceled until at least thirty (30) days' prior written notice has been given to the City. Policies for coverages shall be issued by companies authorized to do business under the laws of the State of Florida and any such companies' financial ratings must be no less than "A" in the latest edition of the `BEST'S KEY RATING GUIDE", published by A.M. Best Guide. 8.3 Coverages shall be in force until all work required to be performed under the terms of this Agreement is satisfactorily completed as evidenced by the formal acceptance by the City. In the event insurance certificates provided to City indicate that the insurance shall terminate and lapse during the period of this Agreement, then in that event, the Contractor shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverages for the balance of the period of the Agreement and any extension of it is in effect. THE CONTRACTOR SHALL NOT PERFORM OR CONTINUE TO WORK PURSUANT TO THIS AGREEMENT UNLESS ALL COVERAGES REMAIN IN FULL FORCE AND EFFECT, SUCH DELAY BEING SUBJECT TO ANY APPLICABLE PROVISIONS DESCRIBED IN THIS AGREEMENT. 8.4 The Contractor shall hold the City, its agents and employees, harmless on account of claims for damages to persons, property or premises arising out of the operations to complete any work. The City reserves the right to require Contractor to provide and pay for any other insurance coverage City deems necessary depending upon the possible exposure to liability. ARTICLE 9 INDEPENDENT CONTRACTOR This Agreement does not create an employee/employer relationship between the parties. Contractor agrees that it is not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act, minimum wages' laws and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the Florida Workers' Compensation Act, and the Florida unemployment insurance law. The Contractor shall retain sole and absolute discretion and exercise its judgment as to the manner and means of carrying out Contractor's activities and responsibilities toward completion of work. Administrative procedures applicable to services rendered under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, H.U.D., or United States policies, rules or regulations relating to the use of Contractor's funds provided for in this Agreement. The Contractor agrees that it is a separate and independent enterprise from the City, that it has full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages, overtime premiums or both. ARTICLE 10 DEFAULT OF AGREEMENT AND REMEDIES 10.1 Remedies in Default. In case of any default by Contractor, the City, through City's Coordinator or her designated representative, shall notify the Contractor, in writing, of such default and direct Contractor to comply with all provisions of the Agreement. If Contractor does not timely cure such default of the date after notice was sent by City, City may declare a default of this Agreement and may notify the Contractor of such declaration of default in writing and terminate the Agreement. ARTICLE 11 BANKRUPTCY It is agreed that if the Contractor is adjudged bankrupt, either voluntarily or involuntarily, then this Agreement shall terminate effective on the date and at the time the bankruptcy petition is filed and Contractor will automatically be in default of this Agreement and the provisions of Article 10 will be enforced at City's discretion. ARTICLE 12 DISPUTE RESOLUTION 12.1 Venue; Fees. All claims, counterclaims, disputes and other matters in question between City and Contractor arising out of, relating to or pertaining to this Agreement, or the breach of it, or the services of it, or the standard of performance required in it, shall be addressed by resort to non-binding mediation as authorized under the laws and rules of Florida; provided, however, that in the event of any dispute between the parties, the parties agree to first negotiate with each other for a resolution of the matter or matters in dispute and, upon failure of such negotiations to resolve the dispute, the parties shall resort to mediation. If mediation is unsuccessful, any such matter may be determined by litigation in a court of competent jurisdiction in Broward County, Florida, or the Federal District Court of the Southern District of Florida and appropriate appellate courts for such venue and jurisdiction. hi any litigation, the parties agree to each waive any trial by jury of any and all issues. In the event of any litigation which arises out of, pertains to, or relates to this Agreement, or the breach of it, or the standard of performance required in it, the prevailing party shall be entitled to recover reasonable attorneys' fees from the non-prevailing party. 12.2 Operations During Dispute. 12.2.1 In the event that a dispute, if any, arises between the City and the Contractor relating to this Agreement, or its performance or compensation, the Contractor agrees to continue to render service in full compliance with all terms and conditions of this Agreement as required by the City. 12.2.2 Notwithstanding any other provisions in this Agreement, whenever any service provided by the Contractor fails to meet City's reasonable approval, the City will have the right to terminate the Agreement five (5) days after the date when the written notice was sent by City of the deficiency, if Contractor has not cured such deficiency within that time. ARTICLE 13 MISCELLANEOUS 13.1 Legal Representation. It is acknowledged that each party to this Agreement had the opportunity to be represented by counsel in the preparation of this Agreement. Further, the rule that a contract shall be interpreted strictly against the party preparing same shall not apply to this Agreement due to the joint contributions to it of both parties. 13.2 Records. Contractor shall keep such records and accounts and require any and all subcontractors to keep records and accounts as may be necessary in order to record complete and correct entries as to personnel hours charged to the work, and any expenses for which Contractor may attempt to claim reimbursement. Such books and records will be available at all reasonable times for examination and audit by City and shall be kept for a period of three (3) years after the completion of all work to be performed pursuant to this Agreement. Incomplete or incorrect entries in such books and records will be grounds for disallowance by City of any fees or expenses based upon such entries. 13.3 Assignments, Subcontracts and Amendments. This Agreement, and any interests in it, shall not in whole or in part be assigned, subcontracted, transferred in any way or otherwise encumbered, under any circumstances, by Contractor without the prior written consent of City. For purposes of this Agreement, any change of ownership of or controlling interest in Contractor shall constitute an assignment which requires City approval. Violation of the terms of this paragraph shall constitute a breach of this Agreement by Contractor and City may, in its discretion, cancel this Agreement and all rights of Contractor under this Agreement will terminate. It is further agreed that no modification, amendment or alteration of the terms or conditions contained in this Agreement shall be effective unless contained in a written document executed by the authorized agents of the parties. 13.4 No Contingent Fees. Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for Contractor any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the City shall have the right to terminate the Agreement without liability and, in its discretion, to deduct from the Agreement price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 13.5 Notice. Whenever any party desires to give notice to the other party, it must be given by written notice, sent by certified United States mail, with return receipt requested, addressed to the party for whom it is intended. The places for giving of notice shall remain as set forth below until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the Contractor and the City designate the following as the respective persons and places for giving of notice: City: Nanci Denny, Purchasing and Contracts Coordinator City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Copies to: Ivan Pato, City Manager and Thomas J. Ansbro, Esq., City Attorney 100 West Dania Beach Blvd. Dania Beach, FL 33004 Contractor: 13.6 Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and is authorized to bind and obligate such party with respect to all provisions contained in this Agreement. 13.7 Headings. Headings in this Agreement are for the convenience of reference only and shall not be considered in any interpretation of this Agreement. 13.8 The Invitation to Bid and its provisions referred to in this Agreement form an essential part of this Agreement, are treated as a part of this Agreement and are incorporated into it by this reference. 13.9 Severability. If any provision of this Agreement or application of it to any person or situation shall to any extent be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected, and shall continue in full force and effect, and shall be enforced to the fullest extent permitted by law. 13.10 Governing Law. This Agreement shall be governed by the laws of the State of Florida with venue lying in Broward County, Florida. 13.11 Extent of Agreement. This Agreement represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations, representations or agreements, either written or oral. 14.12 Waiver. Failure of the City to insist upon strict performance of any provision or condition of this Agreement, or to enforce any right contained in it, shall not be construed as a waiver or relinquishment for the future of any such provision, condition or right, but the same shall remain in full force and effect. 14.13 Conflict. In the event there is a conflict between any of the terms in any of the documents contained in any Exhibit to this Agreement and any terms of this Agreement, the terms of this Agreement shall prevail. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY: CITY OF DANIA BEACH, a Florida municipal corporation ATTEST: LOUISE STILSON, CITY CLERK BOB ANTON, MAYOR APPROVED FOR FORM AND CORRECTNESS: IVAN PATO, CITY MANAGER BY: THOMAS J. ANSBRO, CITY ATTORNEY CONTRACTOR: Inc., a Florida corporation ATTEST: By: SIGNATURE SIGNATURE PRINT NAME PRINT NAME TITLE STATE OF FLORIDA COUNTY OF BROWARD BEFORE ME ON 2007, personally appeared and , as and of Inc., a Florida corporation and he/she/they acknowledged execution of the foregoing Agreement for the use and purposes mentioned in it and that the instrument is the act and deed of the Contractor. Such person(s) is/are known to me(or produced as identification). Notary Public, State of Florida at Large My Commission Expires: CITY OF DANIA BEACH Agenda Item # a • Agenda Request Item Date of Commission Meeting: 11-27-2007 Public Hearing ❑ Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid 1RFP ❑X Presentation ❑ Continued from: Regliested Action (tdenfityOP'O pdategi ianisr.Motion) Award a bid for fencing services. .Why!>ctiorr)s Necessary Cost of fencing at Dania Cove is greater than $15,000, which requires the City Commission to approve the purchase. 4!(hat Actiirtt.AccompUsltas Awards the contract to Commercial Fence Contractors for fence service to enclose the Dania Cove site. P lrcfissirie: aqua t. ONU Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ SummaryExplariationlBackgrod The City entered into an interlocal agreement with Broward County for the acquisition, improvement, enhancement, operation and management of Green Space Site 449 (a.ka. Dania Cove, and Little Fuzzy Bunny Cove) in October 2004. Part of this agreement is to protect the site from illegal dumping by fencing it off until all the improvements can be made. The bids were reviewed by the bid committee and a recommendation was made to award to the lowest responsive bidder. Fiscal Impact/Cost Summary In accordance with the interlocal agreement, the City will be able to seek reimbursement for these expenses. Exhibits Attached Exhibit 1 - Resolution Exhibit 2 - bid tabulation form Exhibit 3 - Reference Check Exhibit 4 - Site Plan Exhibit 1 Exhibit 2 E4htbtt 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Authorized Signatures Submitted by Colin Donnelly Date 11/20/07 Department Director Date Assistant City Manager Colin Donnelly Date 11/20/07 HR Director Date Finance Director Patricia Varney Date 11/20/07 City Attorney Thomas J. Ansbro Date 11/20/07 City Manager Ivan Pato Date 11/20/07 User Creating Item Item Name (do not use/or\ in name) Colin Donnelly dania cove fence bid award City+dark Use „ Commission Action. Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-232 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE AWARD OF A BID TO COMMERCIAL FENCE CONTRACTORS, INC. IN THE AMOUNT OF $18,859.50, PERTAINING TO THE DANIA COVE SITE; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE AGREEMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Dania Beach has decided it is in the best interest of the City to seek competitive bids for the installation of fence material at the Dania Cove Site; and WHEREAS, on March 30, 2007, the City received bids for Dania Cove Fence Installation Project (Bid #07-010); and WHEREAS,there were four bidders for the project; and WHEREAS, the bids were evaluated as follows: Tropic Fence, Inc. $ 22,721.36 MCO Environmental, Inc. $ 37,990.00 Commercial Fence Contractors, Inc. $ 18,859.50 Fence Masters, Inc. $ 28,401.00; and WHEREAS, the City bid selection team recommends that the lowest responsive bidder, Commercial Fence Contractors, Inc. of Orlando, Florida, be selected to perform the work and that the bid be awarded to that company in the amount of$18,859.50; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the foregoing findings are incorporated by this reference. Section 2. That the bid shall be awarded to the low bidder, Commercial Fence Contractors, Inc. in the amount of $18,859.50 and the proper City officials are authorized to execute the contract for the work; provided, however, that no contract will become effective unless and until City officials complete execution of it. Funding for the contract shall be derived from the Dania Cove grant awarded by Broward County. Section 3. That all resolutions or part of Resolutions in conflict with any of the provisions of this Resolution are repealed. Section 4. That if any Section or portion of a Section of this Resolution proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other Section or part of this Resolution. Section 5. That this Resolution shall become effective 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#2007-232 BID TABULATION FORM BID OPENING. WkTF: N12rch 10, 2007 TI%IF: 10.30 a.m. PROJECT NAME: -Dania Cost, Fence Installation Project- Bid #07-010- 1IRFSENT Al' 1311) OPFNING: iSIGN-IN SHEET i\JAYBE ATI'ACFILD) Nwici DQrmy, Purcha LA%) n 15'en j cs .Slhj__ _c! lip Skj_ _qcq Nlastgr, I HE FOLL OW ING BIDS WERE OPENED BY. %iri , iSr. C"I Amm N vs Usil_L�qy_�ity Clerk N 0 BOND I ORKANA% IM) 6('0111ES I ropic Fence, Inc. Yes Yes S22.-j2lJt_v "_ 1 T1864 N. 21*1 Street Beach, Fl. 3.1069 NICO, Envirounicural. Inc. Yes Yes 37.99034) 2 1975 NAY. o4o' Street Nliann, FL 33166 305,1468-1650 C'otnrnerrkaf Fence CoutiActu r ,�111C. CS VeS 1610 North Goldenrod Road Orlando. FL 32807 877/663-8653 Kevin DuBreN - Cell: 56F889-1779 Fence Masters. Inc. 'es I Original S29.40t.00 4 3550 N.W. 54,b Street :Miami, Ft. 3314.0 AFTER THE BID OPEN ING, '[*HE BIDS WFRETURNFE) OVEREo THE FOLLOWING FOR FURTHFR REVIEW AND TABULATION! � Colia DonyOly, Ask i maaaj�er �_�_qQjtjiv C _ Pa tom)�'-amo.y, Financy.Director 001"ituc Q Sv tre wr _ %Ili I I 1_1.1- Till L I i- Reference Check for Commercial Fence Contractors, Inc. 1. City of Fort Lauderdale, $1.2 million contract for repair and new fencing. Alex Erskin said the performance was "good with no issues." - April 3, 2007 2. Disney Animal Kingdom, $2.7 million contract. Bill said, "good so far with no concerns." April 4, 2007. 3. Orlando International Airport Fuel Farm, $195,000 contract. Luis Lopez said, "Very high marks, good job, and responsive contractors." � h f Y4t . T �4•f' \ y y+Yi�•\. �m'F 3 kpgg�� y� X'^ l M1 l y • Y u 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 fer-fie to keep more than three (3) dogs in any 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 November 13, 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#2007-029 CITY OF DANIA BEACH Agenda Item # Agenda Request Item Date of Commission Meeting: 11-27-2007 Public Hearing ❑ Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑X Award Bid/RFP ❑ Presentation ❑ Continued from: Requested Action .. (Id �n ? iateAdtonar MoUorc).! Amend parking permit fees'ordinance 'Why Ae#ion is Nee®scary . As per request by the Commission What Action Accomp)�#ftes r PurctasingRequesks R3htt Y M. RU Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ $UriitftartzRtanetianf6$ets� Fisca(I #aat/Go$t Sumritary -Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 A;uthasitoo Signa#ettes Submitted by Patricia Varney Date 11/19/07 Department Director Patricia Varney Date 11/19/07 Assistant City Manaoer Date HR Director Date Finance Director Patricia Varney Date 11/19/07 City Attomey Thomas J. Ansbro Date 11/19/07 City Manager Ivan Pato Date 11/19/07 User Creating Item Item Name (do not use/or\ in name) Patty Varney Parking permit fees Cart+#:O. W H i k 4 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: Sec. 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-eetive 0et&beu, 4003 A,y 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 comer 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 property 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 November 13, 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